June 21, 2005

A. SUMMARY

SP-05-34-05: Family Video, a site plan for the renovation of the existing building to accommodate retail/office uses and the reconfiguration of the existing parking lot located at 1818 Massachusetts Street. Submitted by Landplan Engineering for First National Bank of Lawrence, property owner of record, and Family Video, contract purchaser.

B. GENERAL INFORMATION

Current Zoning and Land Use:	C-5 (Limited Commercial) District; Salvation Army thrift store.
Surrounding Zoning and Land Use:	C-5 (Limited Commercial) District to the north, south and west; commercial uses. RS-2 (Single-family Residential) District to the east; single-family residences.
Site Summary:
Gross Area:	43,764 square feet
Existing Building Coverage: Proposed Building Coverage:	14,550 gross square feet 7,721 net square feet of public space
Off-Street Parking Required:	1 per 200 net square feet for video store (30) 1 per 100 net square feet for lease space (19) = 49 spaces
Off-Street Parking Provided:	61 spaces
Staff Recommendation: Planning staff recommends approval of site plan SP-05-34-05, the renovation of the existing building to accommodate retail/office uses and the reconfiguration of the existing parking lot located at 1818 Massachusetts Street subject to the following conditions: Execution of a site plan performance agreement. Approval of a photometric plan. Filing of the cross-access and off-site utility easements at the Register of Deeds Office. Approval of public improvement plans for the sewer relocation, the removal of on-street parking on Massachusetts Street, and the curb reconstruction on New Hampshire Street. Revision of the site plan to include the following: a. Reference of Book and Page numbers for the cross access and off-site utility easements. b. Reference of variance case number B-05-14-05.

1818 Massachusetts Street, 2003 Aerial

C. STAFF REVIEW

The subject property, which comprises a Salvation Army thrift store and associated parking lot, is located west of New Hampshire Street and east of Massachusetts Street. Commercial property surrounds the property to the north, south, and west. Single-family homes are located to the east of the subject property.

The applicant is proposing to remodel the existing 14,550 square foot building to include a 5,893 square foot video store and a 1,828 square foot lease space. An additional 2,018 square foot area in the rear of the building will not be accessible by the public.

Variances

The following variance requests were approved by the Board of Zoning Appeals (BZA) on June 2, 2005: a reduction in the required building setback along the property’s eastern edge from 25 feet to 0 feet, and a reduction in the permitted greenspace setback between the parking areas and street rights-of-way from 15 feet to 0 feet along both Massachusetts and New Hampshire Streets. Staff had recommended denial of the variance related to the reduction in the greenspace setback, but approval of the building setback variance.

Replat Application

The legal description for the subject property includes portions of platted lots. Since the proposed development is a significant alteration to existing development, a replat of the site is required. This application is scheduled for the July Planning Commission meeting.

Cross Access Easement

In order to formalize the flow of vehicles from the subject site to the access point that is located on the adjacent property to the north and vice versa, a cross access easement will be dedicated by separate easement and depicted on the replat for this property. This cross access easement will extend north-south through the parking lot at the western portion of the site. When the adjacent properties to the north and south redevelop, additional cross access easements will be requested.

D. Findings

Per Section 19A-5, staff shall first find that the following conditions have been met:

(a) That the proposed use is a permitted use in the district in which the property is located;

The subject property is zoned C-5 (Limited Commercial) District, which permits video stores, sale or rental of video equipment, and movies and games parlors. This district is designed to accommodate the grouping, in defined areas along highways, of certain retail activities and services intended primarily to serve, and be dependent upon, the motoring public. The use of the proposed building for the sale/rental of videos is a permitted use in the C-5 (Limited Commercial) District. The 1,828 square foot lease space will need to include a use that is permitted in the C-5 (Limited Commercial) District and which complies with the parking requirements of parking group #11 or #12, as is noted on the site plan.

(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;

The existing building will be remodeled from the existing footprint of 14,550 square feet to 9,739 gross square feet. A variance was granted on June 2, 2005 by the BZA for a reduction of the required building setback from 25 feet to 0 feet. This variance recognizes an existing building condition along the eastern side of the building. While the building is decreasing in size, the number of parking spaces is increasing. The site will gain an additional six parking spaces. Variances were also granted on June 2, 2005 for a reduction in the required greenspace between parking areas and street rights-of-way from 15 feet to 0 feet along both Massachusetts and New Hampshire Streets. Access to the site is provided by four 25-foot wide drives: one to the east, one to the west, and two at the northwestern edge.

Lighting for the site will be provided by two triple luminaries on 24-foot poles and one double-luminaire on a 24-foot pole. A photometric plan must be submitted and approved prior to the site plan being released for building permits. Four autumn purple ash trees, five snow crabapple trees, and four sugar maple trees will be planted on the site. One tree along the property’s eastern edge will be utilized as a required street tree. The arrangement of the above-mentioned elements is compatible with the adjacent land uses, as the project is surrounded on three sides by commercial uses. As single-family residences are located to the east of the subject property, the applicant has included seven juniper bushes to serve as a natural buffer between the commercial use and the adjacent single-family residences.

(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

New Hampshire Street is designated as a local street, while Massachusetts Street is considered a minor arterial. Access to the property is provided by 25-foot wide drives along the eastern, western, and northwestern edges of the site. One Massachusetts Street curb cut is being eliminated with this project. A cross access easement with the property to the north of the subject site will be dedicated by separate instrument and will be depicted on the replat. The location of the building area in the northeast corner of the lot and the positioning of four 25-foot wide access drives will allow for safe and efficient movement of vehicles to and from the site.

(d) That the site plan provides for the safe movement of pedestrians within the site;

A six foot sidewalk currently exists along the frontage of the property as it abuts Massachusetts Street. As the sidewalk is in disrepair, it will be replaced with the redevelopment of the site. The applicant is not required to construct sidewalks along New Hampshire Street because sidewalks are required on one side of a local street. However, an existing sidewalk is located on the eastern side of New Hampshire Street. Within the site, 6.8-foot sidewalks will be provided in front of and along the southern sides of the new building.

(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

The applicant has received variances from the 15-foot greenspace setback between the parking areas and street rights-of-way along Massachusetts and New Hampshire Streets. However, the site plan includes seven juniper bushes along the eastern edge of the site that will serve as a partial buffer between four parking stalls and the residential areas further to the east. The on-street parking in front of the building on Massachusetts Street will be replaced with green space and street trees. Fourteen trees will be planted on the site, eight of which will serve as street trees. A mature Elm tree located at the site’s southeast corner will be counted as a required street tree.

(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

A trash area, which will be accessed from New Hampshire Street, is included in the southernmost portion of the parking area. The dumpster will be screened with a 6-foot fence in accordance with Sanitation Department Standards for enclosures.

g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development;

Vehicles will enter and exit the site from one of four 25-foot wide access drives. New two-foot concrete curbs and gutters will be installed per city standards. The new drive and parking areas will be constructed of a minimum five foot asphalt pavement on compacted subgrade to meet city standards. As a sanitary sewer main is located underneath the existing building, the main will be relocated in front of the proposed building.

E. CONCLUSION

The proposed request is consistent with the zoning district and the setback requirements. Therefore, staff recommends approval of site plan SP-05-34-05, the renovation of the existing building to accommodate retail/office uses and the reconfiguration of the existing parking lot located at 1818 Massachusetts Street, subject to the following conditions:

Execution of a site plan performance agreement.
Approval of a photometric plan.
Filing of the cross-access and off-site utility easements at the Register of Deeds Office.
Approval of public improvement plans for the sewer relocation, the removal of on-street parking on Massachusetts Street, and the curb reconstruction on New Hampshire Street.
Revision of the site plan to include the following:

a. Reference of Book and Page numbers for the cross access and off-site utility easements.

b. Reference of variance case number B-05-14-05.