December 20, 2005

A. SUMMARY

SP-11-83-05: 1910 Haskell Avenue, a site plan for a patio addition at Crosstown Tavern. Submitted by Paul Werner Architects for John Cheney, property owner of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:	C-2 (Neighborhood Shopping) District; commercial strip center.
Surrounding Zoning and Land Use:	C-2 (Neighborhood Shopping) District to the west; City of Lawrence Parks Maintenance Facility. RS-2 (Single-family Residential) District to the east and north; single-family residences. RM-1 (Multiple-family Residential) District to the south; Pine Tree Townhomes.
Site Summary:
Gross Area:	5.08 acres (221,285 square feet)
Building Coverage: Crosstown Tavern Area: Patio Area:	.64 acre (27,947 square feet) 2572 square feet 640 square feet (20’ by 32’)
Off-Street Parking Required:	128 (26 for tavern + 7 for patio)
Off-Street Parking Provided:	225 spaces
Staff Recommendation: Staff recommends approval of SP-11-83-05, the addition of a patio at Crosstown Tavern, subject to the following conditions: Execution of a Site Plan Performance Agreement. Revision of the site plan to include the following: a) A note, stating the applicant agrees to remove the fencing, arbor, and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise. The City Commission shall review complaints. b) The addition of a solid, six-foot wooden fence installed to the east of the access aisle, running north-south, where there is no view-reducing fencing now. c) The addition of any new lighting, along with associated wattage and glare prevention. d) Change of parking group and required number of spaces for the Crosstown Tavern. The Parking should be 11 and the number of required parking spaces should be 33 (26 for tavern + 7 for patio). e) Notation of Historic Resources Commission approval date for amendment to original approval.

1910 Haskell Avenue, 2003 Aerial

C. STAFF REVIEW

The subject property, which is zoned C-2 (Neighborhood Shopping) District, is located east of Haskell Avenue and south of E. 19^th Street. The request is to add a 640-square foot patio to the rear of the Crosstown Tavern building, along an alleyway. The patio will be enclosed by an 8-foot tall wooden fence and will include two exits and an arbor/sunshade. The following notes have been included on the plan, per staff recommendation:

a. Live or recorded music shall not be played to create a nuisance for the neighborhood.

b. The property owner shall be responsible for policing the area to keep it clean from litter and trash generated by this use.

c. The property owner shall be responsible for ensuring the containment of alcoholic beverages on the premises and limiting usage of the patio’s exits to emergency usage only. This shall be accomplished by posting signage on the doorways and utilizing staff at the patio egress points for enforcement.

d. All outside lighting will be shielded so as to prevent off-site glare.

The proposed site work is considered a minor alteration to the site. However, as a letter expressing opposition has been submitted by the property owners at 1111 E. 19^th Street and the plan has not been revised to reflect all of staff’s plan review comments, the application is being considered by the City Commission. The following staff recommendations were not agreed to by the applicant:

a. The inclusion of a note on the plan stating, “The applicant agrees to remove the fencing, arbor, and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise. The City Commission shall review complaints.”

b. Per Section 20-14A04.8(e) of the Zoning Regulations, the addition of a solid, six-foot wooden fence installed to the east of the access aisle, running north-south, where there is no view-reducing fencing now.

Due to the adjacency of residential uses to the north, south, and east, staff recommends the above-referenced notes be added to the plan as a condition of approval. The note related to the removal of the patio area upon City Commission determination of valid complaints is necessary to provide enforcement assurance to neighboring property owners. The addition of a 6-foot view-reducing fence is recommended because the Zoning Regulations state that commercial properties should provide screening to abutting residential uses. The fencing will provide some protection from noise and loitering for the adjacent residences.

Historic Resources Commission

The subject building is located within the environs of a structure listed on the National Register of Historic Places (1111 E. 19^th Street). Therefore, on September 21, 2004, the project was approved by the Historic Resources Commission (HRC), with the following conditions:

1. Any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work.

As the subject project varies from the originally submitted and approved HRC application, a revised application is being considered for administrative approval by the City’s Historic Resources Administrator.

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-2 (Neighborhood Shopping) District. This district is “…designed to provide locations for the conduct of retail trade and personal service enterprises to meet the regular needs of, and for the convenience of, adjacent residential areas.” Licensed premises and associated accessory uses are allowed in the C-2 zoning district.

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

The patio is proposed for location to the rear of the Crosstown Tavern, along an alleyway. Vehicular flow will not be compromised with the addition of a patio, as the alleyway will include approximately 35 feet of width. Seven off-street parking spaces are required with the addition of the patio. However, the site includes 97 parking spaces more than the required number of spaces for the center. Patrons of the tavern will enter and exit the patio via the main building. A note has been included on the plan, stating the two exits included with the patio fencing are to be utilized for emergency exit only. This will be accomplished by posting signage on the exits and utilizing staff at the patio egress points.

The plan does not note new lighting with the addition of the patio. However, the applicant has indicated that three exterior coach lights will be added to the exterior wall of the building. These new lights should be noted on the plan, along with associated wattage and glare prevention. No new landscaping is required or proposed with the patio, as the patio addition is considered a minor alteration to the site and is located to the rear of the subject building. A drainage study is not required for this project because the increase in impervious surface is less than 10 percent.

(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;

19^th Street is considered a collector and Haskell Avenue is considered a minor arterial within the vicinity of the subject project. The addition of a patio along the alleyway will not compromise the movement of vehicles on the site. The alleyway is currently approximately 55 feet wide, and will be approximately 35 feet wide with the addition of the proposed patio.

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

The addition of a patio along the rear of the Crosstown Tavern building will not compromise the safe movement of pedestrians within the site. No new sidewalks are required with the project, as it is considered a minor alteration to the site and the patio is being added to the rear of the building along an alleyway.

(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;

No new site landscaping is being added with the project. Street trees and other site landscaping are insufficient on the site. However, as the project is located to the rear of the building and is considered a minor alteration to the site, these improvements are not required at this time.

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

The site will continue to receive sanitation service via an existing dumpster in the alleyway.

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

The site plan takes into consideration infrastructure improvements and physical alterations that have previously been made to this property.

E. CONCLUSION

Staff recommends approval of case no. SP-11-83-05, the addition of a patio at Crosstown Tavern, subject to the following conditions:

Execution of a Site Plan Performance Agreement.
Revision of the site plan to include the following:

a) A note, stating the applicant agrees to remove the fencing, arbor, and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise. The City Commission shall review complaints.

b) The addition of a solid, six-foot wooden fence installed to the east of the access aisle, running north-south, where there is no view-reducing fencing now.

c) The addition of any new lighting, along with associated wattage and glare prevention.

d) Change of parking group and required number of spaces for the Crosstown Tavern. The Parking should be 11 and the number of required parking spaces should be 33 (26 for tavern + 7 for patio).

e) Notation of Historic Resources Commission approval date for amendment to original approval.