TEMPORARY USE PERMITTED UPON REVIEW

Sept 6, 2005

Regular Agenda

 

TUPR-08-25-05:  A Temporary Use Permitted Upon Review request for a late night promotion utilizing a roof-mounted search light at McDonalds, 3241 Iowa Street, from 9/15/2005 to 9/25/2005 and 12/22/2005 to 1/1/2006. Submitted by Tom and Marilyn Dobski, property owners.

 

GENERAL INFORMATION

       Current Zoning and Land Use               PCD-2 (Planned Commercial Development) McDonalds Restaurant

 

       Surrounding Zoning and Land Use         PCD-2 (Planned Commercial Development) District to the north, west and south; existing commercial uses.

 

                                                            C-5 (Limited Commercial) District to the East; existing commercial uses.         

 

STAFF REVIEW

The subject property is located on the northwest corner of Iowa Street and W. 33rd Street. The property is developed with a McDonald’s restaurant with a drive through facility. The property is surrounded with commercially zoned property. The proposed event will take place from September 15th through the 25th, 2005 and from December 22 nd, 2005 through January 1st, 2006. The search light will be located on the roof of the building and will be used from 9:00 p.m. to 1:00 a.m. during the event.

 

Section 20-1454.4(a)(9) of the City code permits administrative approval of requests if the hours of operation are consistent with surrounding land uses. This request can not be administratively approved because of the late night hours. The search light will be mounted on the roof of the restaurant and will be directed upward. This light should not impact any nearby residential areas.

 

Per Section 20-1454.5 of the Zoning Ordinance, the request is classified as a Temporary Use which is subject to City Commission approval.

 

The final development plan for McDonalds (FDP-03-02-00) was approved by the Planning Commission on May 24, 2000  is on file in the Planning Office for this subject property. The event is planned for the ‘off-peak’ hours and there is adequate parking for the anticipated increase in business.

 

The goals of the City’s lighting standards include “mitigate light trespass, nuisance, and glare to adjacent properties; and reduce light pollution to the general community and mitigate effects to the night sky. (Ord. 6598)” Section 20-14A01, City Zoning Ordinance. The light will be pointed upward at an angle, so there should be little or no glare to neighboring properties. However the search lights will create light pollution and will have a negative impact on the night sky. Since these issues are rather subjective, approval of this TUPR should be conditional. If there are complaints about the glare or light pollution approval for the 2nd TUPR (December 22, 2005 – January 1, 2006) will be rescinded.

 

Section 20-1106(d) of the City code states that no use shall be made of land in an Air Space Control Area District which “contains lights or signals which may be confused with airport navigational lights”.  This property lies within the Air Space Control Area District. The Lawrence Municipal Airport Operator indicated that search lights at this property should not have any negative impacts on aircraft. The use of a search light at this location is not a safety issue for the airport.

 

Recommendation:   Planning Staff recommends approval of the Temporary Use Permit for use of a search light for the promotional event at 3241 Iowa Street from September 15th – 25th, 2005 and from December 22 nd, 2005 to January 1st, 2006 subject to the following conditions:

 

  1. Obtain temporary sign permit from Neighborhood Resources Office, if temporary signs are used;

 

  1. If signs are displayed in conjunction with this use they shall comply with City sign regulations and shall not be located on public right of way.  Signs for this activity can only be displayed during hours of operation;

 

     3.  The search light must be directed upward at an adequate angle so it does not impact the neighboring residences. It may be shone from 9:00 pm to 1:00 am on the dates of the event.

 

4.  The TUPR approval for the dates of December 22, 2005 through January 1st, 2006 the will be rescinded if there are complaints about glare or light pollution resulting from the September event.