TEMPORARY USE PERMITTED UPON REVIEW

September 13, 2005

Consent Agenda

 

TUPR-08-27-05:  a Temporary Use Permitted Upon Review for a promotional display of new housing development at 4500 Bob Billings Pkwy. Submitted by Karl Capps of Bella Sera Development, property owner of record. 

 

General Information:

 

Current Zoning and Land Use                                  PRD-2 (Planned Residential Development); undeveloped land

 

Surrounding Zoning and Land Use                           To the east, RS-2 (Single Family Residential) and RM-1 (Multiple Family Residential); McGrew Nature Preserve.

                                                                           To the north and west, M-1 (Research Industrial); nature preserve to the north and office uses to the west.

                                                                           To the south, RM-1 (Multiple Family Residential); Brandon Wood residences and undeveloped land.

 

STAFF REVIEW

 

The subject property is located at 4500 Bob Billings Parkway to the west of the McGrew Nature Preserve. The property is undeveloped but does have a curb cut and an access drive.  The property has been approved for a new condominium residence development. The applicant proposes spreading gravel on the access drive and mowing an area for parking. Parking area will accommodate at least 20 vehicles.

 

The proposed TUPR is for the promotional display related to the new Bella Sera development and is planned for the weekends of September 24-25 and October 1-2 from noon to 5:00 p.m. in conjunction with the Lawrence Home Builder’s Association Fall Homes Tour.  A 20’ X 30’ tent will be used for the event.  The proposed tent location meets the 25’ set back requirement. (Section 20-1455(a)(2) of the Zoning Ordinance).  The Temporary Use Permitted upon Review would run from 9/24/2005 to 10/2/2005 with a day before and after the event for set up. A similar event was approved by the City Commission in April of 2005 (TUPR-04-09-05) and the event was held without any negative consequences.

 

TUPR Request

Per Section 20-1454.2 of the Zoning Ordinance, the request is classified as a Type 3 Temporary Use – Outdoor commercial activities intended to sell, lease, rent or promote special merchandise or services.  Type 3 Special Events that meet all of the conditions in 20-1454.4 can be administratively approved.  Since the event will be conducted in a residentially zoned district and parking is not currently provided, this request does not meet all the conditions in 20-1454.4 and must be presented to the City Commission.

 

In staff’s opinion, this property, which is zoned PRD-2 and currently undeveloped, is suitable for a special event such as the promotion of a new residential development on a limited basis. The surrounding land is also undeveloped so the event will not create a nuisance or accident potential to surrounding area.

 

This is the second TUPR request this year for this location.

 

Recommendation:  Planning Staff recommends approval of the Temporary Use Permit for the promotional display of new housing development at 4500 Bob Billings Parkway from noon to 5:00 p.m. on September 24th and 25th and October 1st and 2nd subject to the following conditions:

 

1.       A sign permit shall be obtained from the Neighborhood Resources Department for any signs associated with this temporary sale.

  1. Cars, trucks, vans, and trailers may not be used for the sale of merchandise.
  2. No sales or signs shall be located on the street right-of-way.
  3. Sales area shall be marked off to maintain area located a minimum of 25’ from property lines.

 

The following conditions are required for the tent to be used for the event:

 

1.       Tent must be constructed of flame retardant fabric (label on tent or paperwork available for inspection).

2.       A fire extinguisher must be provided for each tent.

3.       Provide “No Smoking” signs.

4.       Two exits, exit signs and emergency lighting must be provided if tents have walls (are not just canopies).

5.       No parking within 25’ of tent location.