SITE PLAN REVIEW
N-10-04-05/SP-06-55-05: The Eldridge Hotel, a site plan for an expansion of a non-conforming use for a park patio area and valet parking located at 701-705 Massachusetts Street. Submitted by Sabatini Architects for the property owners of record.
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Current Zoning and Land Use: |
C-3 (Central Commercial District); existing hotel and restaurant; licensed premise is a non-conforming use. |
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Surrounding Zoning and Land Use: |
C-3 (Central Commercial District) to the north, south, east and west; developed with commercial, office, parking lots and restaurant uses. |
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Site Summary: |
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Gross Area: |
58,855 Sq. Ft. |
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Existing Building Coverage: |
12,105 Sq. Ft. |
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Proposed Expansion |
8,420 Sq. Ft. |
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Off-Street Parking Required |
Not required in C-3 District |
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Off-Street Parking Provided: |
Not required in C-3 District |
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Staff Recommendation: Planning staff recommends (A) the City Commission grant the authority to enlarge the building devoted to a non-conforming use as the extension is necessary and incidental to the existing use of said building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; and (B) approval of the site plan for the expansion of the non-conforming use subject to the following conditions: 1. Compliance with the Historic Resources Commission conditions of approval: (a) any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work. 2. Execution of a site plan performance agreement per Section 20-1433. 3. Submission of a photometric plan to be approved by the Planning Director before the issuance of a building permit. 4. Agreement not to protest benefit district to improve street lighting. 5. Add a note on the face of the site plan referencing DR-10-78-05. 6. Provide square foot summary of existing licensed premise areas (dining room, banquet space and bar) and total square feet of new patio area on face of the site plan.
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C. STAFF REVIEW
As part of the overall rehabilitation of the historic Eldridge Hotel, the applicant is proposing to improve the vacant lot located at 705 Massachusetts Street. The proposed improvements will include a modular brick wall with a cast stone cap to screen mechanical units located on the northeast corner of the property; a 3’ 6” high fence along the eastern property line; a new concrete patio area with seating for 96 (approximately 40’ X 48’); a landscaped garden area; and tandem valet parking along the alley to the west.
In addition to the proposed improvements for the existing vacant lot, this site plan reflects the streetscape improvements that were completed for 701 Massachusetts Street in the spring of 2005. The streetscape improvements for 705 Massachusetts Street include repairing and replacing the sidewalk located adjacent to Massachusetts Street.
Non-Conforming Use
The existing structure located at 701 Massachusetts Street was constructed as the Eldridge Hotel between 1925 and 1928. In 1994, the City Commission approved an ordinance (No. 6527) requiring licensed premises to derive from the sales of food consumption on the licensed premises not less than fifty-five percent (55%) of all the licensed premises’ gross receipts for a calendar year from sales of food and beverages on such premises. (20-1453) The Eldridge Hotel has been a licensed premise with a valid liquor license since before Ordinance 6527 was passed in 1994 and has not been required to report food sales in relation to the 55% rule. Therefore, the Eldridge Hotel is considered to be a non-conforming use created by the adoption of Ordinance 6527 and is subject to the non-conforming use provision of the Zoning Code (20-1307-1308). The addition of the patio and valet parking will be an expansion of a non-conforming use.
20-1302. LIMITATIONS ON NON-CONFORMING USES.
(a) No non-conforming building, structure, or use of land shall be changed, extended, enlarged, or structurally altered unless:
(1) Such change is required by law or order; or,
(2) The use thereof is changed to a use permitted in the district in which such building or land is located; or,
(3) Authority is granted by the City Commission to change the use or occupancy, provided the commission finds the use is within the same or more restricted classification as the original non-conforming use and such change of use or occupancy will not tend to prolong and continue the non-conforming use; or,
(4) Authority is granted by the City Commission to enlarge or complete a building devoted to a non-conforming use where such extension is necessary and incidental to the existing use of such building and the conditions set forth in section 20-1303 (Expansion of Non-Conforming Uses) are met; or,
(5) Authority has been granted by the City Commission to extend a non-conforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became non-conforming, if no structural alterations, except those required by law, are made therein. (Code 1979, 20-1002; Ord. 5034)
Finding: Section 20-1302 identifies the limitations on non-conforming uses and requires that no change or extension of the non-conforming use shall occur unless one of the five criteria is met. Sub section (a)(4) allows the City Commission to grant the authority to enlarge a building devoted to a non-conforming use “where such extension is necessary and incidental to the existing use” and if the conditions in section 20-1303 are met. In an attempt to make the existing historic hotel a viable option for modern accommodations and to achieve the success of this important historic structure as a continuing usable historic landmark for the City of Lawrence, the current owners believe it is necessary to provide parking and outdoor spaces for patrons of the hotel. The landscaping of the vacant lot located at 705 Massachusetts Street to include a patio area and valet parking is incidental to the existing non-conforming use of the building.
20-1303. EXPANSION OF NON-CONFORMING USES.
Non-conforming uses of buildings and structures or non-conforming buildings, structures and their uses may be expanded according to the provisions of section 20-1302 (Limitations on Non-Conforming Uses) and under the terms of this section as follows:
(b) Non-conforming uses in non-residential areas when the use:
(1) Does not exceed 100 percent of the floor area of the original use;
(2) Does not intrude into a residential zoning district;
(3) Is such that the expansion does not exceed the setbacks or height limitations of the district; and,
(4) Provides for off-street parking and loading as required in sections 20-1211 and 20-1212. (Ord. 5034)
Finding: The proposed expansion meets the provisions established in Section 20-1303. The existing licensed premise currently contains 58,855 square feet of useable area (the majority of this area is dedicated to the hotel operation and not the licensed premise use) and the proposed expansion contains 8,420 square feet. 1920 Square feet will be dedicated to the patio area, 2925 square feet will be used for the valet parking area, and the remainder of the lot will be landscaped. This is a total expansion of 8,420 square feet or 14.3% of the floor area of the original use. The proposed use does not intrude into a residential zoning district, nor does it exceed the setbacks or height limitations of the district. No additional parking is required because the C-3 zoning district does not require off-street parking. However, as part of the proposed expansion, approximately sixteen (16) valet parking spaces accessed from the alley will be added.
Historic Resources Commission Review
The subject property (701 Massachusetts Street, the Eldridge Hotel) is listed in the National Register of Historic Places and is therefore subject to the review provisions of the Kansas Historic Preservation Act (K.S.A. 75-2701-75-2747). In addition, because the property is located in the environs of the House Building (729-731 Massachusetts) and Miller’s Hall (723-725 Massachusetts), Lawrence Register of Historic Places, it is required to obtain a Certificate of Appropriateness for any proposed exterior improvements. The property is also located in the Downtown Conservation Overlay District and a contributing structure to Lawrence’s Downtown Historic District.
The applicant has submitted an application (DR-10-78-05) to the Historic Resources Commission for the proposed site changes. The proposed improvements meet the Secretary of the Interior’s Standards, Chapter 22 of the Code of the City of Lawrence, and the Downtown Design guidelines and do not affect the historic character of the listed properties. The Historic Resources Administrator reviewed and administratively approved the proposed project on September 12, 2005 with the following conditions: (a) any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work. The Historic Resources Commission confirms administrative approvals at their next regular meeting.
Downtown Conservation Overlay District
The subject property (701-705 Massachusetts Street) is located in the Downtown Urban Conservation Overlay District. The proposed site plan meets the intent of the Downtown Design Guidelines.
D. Findings
Per Section 20-1432 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 located in the C-3 (Central Commercial) District. This district is designed to be the Central Business District or the downtown shopping and employment center for the community and surrounding trade area. The district is intended to provide space for retailing of all kinds, professional offices, financial institutions, amusement facilities, transient residential facilities, and limited wholesaling and warehousing. Hotels and restaurants are allowed in the C-3 District. The licensed premise use is an existing non-conforming use created in 1994 through the adoption of Ordinance No. 6527.
(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
The subject property is an existing hotel, restaurant and licensed premise use. This site plan does not propose any modifications other than the landscaping improvements.
(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;
The site is designed as a pedestrian accessible business. A valet parking area will be added to the site. This parking area will not be for general use and will provide for safe and efficient movement of limited parking.
(d) That the site plan provides for the safe movement of pedestrians within the site;
Public sidewalks accommodate safe pedestrian movement between the public street and the commercial business.
(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;
There is no landscape requirement associated with a site plan for the C-3 District. However, this improvement contains a sufficient mixture of grass, trees, and shrubs that will increase the pleasing appearance to the public of this now vacant lot. Landscaping exists on the public right-of-way as part of the sidewalk facility.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
No changes are proposed for the existing service currently located in the adjacent alley.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
No modifications or grading is required for proposed improvement.
E. CONCLUSION
During the review of the proposed site plan, staff noted the absence of photometric information for this project and minor items that need to be clarified on the face of the site plan. These elements are reflected as conditions of approval.
The site plan for the expansion of a non-conforming use, as conditioned, is in conformance with the requirements of the Zoning Ordinance, Chapter 22 of the Code of the City of Lawrence and the Downtown Design Guidelines. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.