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Lawrence historic resources Commission

Agenda for january 18, 2018

City Hall, 6 E 6th Street

6:30 pm

 

Commissioners present: Bailey, Buchanan, Evans, Fry, Hernly, Veatch

Staff present:  Dolar, Larkin, Weik, Zollner

 

ITEM NO. 1:         CoMMUNICATIONS

A.    Receive communications from other commissions, State Historic Preservation Officer, and the general public.

 

Ms. Lynne Zollner said there was one communication provided by the State Historic Preservation Office (SHPO) and one communication for Item 5.

 

B.    Ex-parte communications:

 

Commissioner Buchanan said she worked on the East Lawrence Survey.

 

C.    There were no abstentions.

D.    There were no Committee Reports.

 

ITEM NO. 2:         Consent agenda

A.    Action Summary November 16, 2017

B.    Administrative Approvals

1.          DR-17-00500  205 E 12th Street; Rehabilitation; State Law Review and Certificate of Appropriateness

2.          DR-17-00504  715 Tennessee Street; Residential Remodel; State Law Review

3.                       DEFERREDDR-17-00564  816 Massachusetts Street; Sidewalk Dining; State Law Review, Certificate of Appropriateness and Downtown Design Guidelines Review

4.          DR-17-00568  800 New Hampshire Street; Sign Permit; Downtown Design Guidelines Review

5.          DR-17-00592  9 E 8th Street; Commercial Remodel; State Law Review

6.          DR-17-00594  340 N. Michigan Street; I&I Permit; State Law Review

7.          DR-17-00595  800 Block Massachusetts Street; Mural; State Law Review, Certificate of Appropriateness and Downtown Design Guidelines Review

8.          DR-17-00599  743 Indiana Street; Plumbing Permit; State Law Review  

9.          DR-17-00625  1700 New Hampshire Street; Residential Remodel; Certificate of Appropriateness

10.        DR-17-00626  704 Indiana Street; Residential Remodel; State Law Review and Certificate of Appropriateness

11.        DR-17-00636  733 New Hampshire Street; Electric Vehicle Charging Station; State Law Review and Downtown Design Guidelines Review

12.        DR-17-00645  1042 Ohio Street; Mechanical Permit; State Law Review

13.        DR-17-00648  888 New Hampshire Street; Sign Permit; Certificate of Appropriateness and Downtown Design Guidelines Review

14.        DR-17-00649  838 Massachusetts Street; Mechanical Permit; State Law Review

15.        DR-17-00657  918 Massachusetts Street; Sign Permit; State Law Review, Certificate of Appropriateness and Downtown Design Guidelines Review

16.        DR-17-00662  888 New Hampshire Street; Sign Permit; Certificate of Appropriateness and Downtown Design Guidelines Review

17.        DR-17-00680  520 Louisiana Street; I&I Permit; State Law Review

ACTION TAKEN

Motioned by Commissioner Buchanan, seconded by Commissioner Fry, to confirm the administrative approvals with the exception of Item B3, which was deferred.

 

     Unanimously approved 6-0.

 

ITEM NO. 3:       PUBLIC COMMENT

 

No public comment

 

ITEM NO. 4:        Kansas Open Meetings Act

 

Mr. Randy Larkin conducted the training.

 

ITEM NO. 5:        DR-17-00344  700 New Hampshire Street; Demolition and New Construction; Certificate of Appropriateness and Downtown Design Guidelines Review. The property is located in the environs of the Octavius W. McAllaster Residence (724 Rhode Island Street) and the A. J. Griffin House (645 Connecticut Street), Lawrence Register of Historic Places. The property is also located in the Downtown Urban Conservation Overlay District. Submitted by TreanorHL on behalf of Treanor Investments, LLC property owners of record.

 

STAFF PRESENTATION

Ms. Zollner presented the item.

 

APPLICANT PRESENTATION

Ms. Lauren Davis, TreanorHL, said staff did a great job presenting revisions in the proposed project. She said the main issue has been massing, because it is driven by the use. She explained details of the project.

 

Commissioner Hernly asked about the 5 ft. grade difference from New Hampshire Street to Rhode Island Street.

 

Ms. Davis explained that the loading dock is on the far east side which benefits from the incline, as does the garage entry.

 

Commissioner Hernly asked what will happen to the sidewalk on the west side of Rhode Island Street.

 

Ms. Davis said that the retaining wall and sidewalk will be maintained.

 

Commissioner Evans asked if there other alternatives to alleviate massing in the alley.

 

Ms. Davis said the grocery store use is driving the current configuration.

 

Commissioner Hernly asked if the drive into the parking garage could be aligned with the alley.

 

Ms. Davis said it’s already pretty close.

 

Commissioner Fry asked if the alley is a dedicated public right-of-way.

 

Ms. Zollner said no, it’s been vacated.

 

Commissioner Fry said it is not an alley and shouldn’t be referred to as such.

 

Commissioner Bailey asked if that was vacated in the 1990s during the Borders project.

 

Ms. Zollner said she believed so.

 

Commissioner Evans felt the significance of the alley is the demarcation between the commercial and the residential neighborhood from 7th to 10th Streets.

 

PUBLIC COMMENT

Mr. Dennis Brown, Lawrence Preservation Alliance (LPA), said this is the former site of a historic battle (when Borders was being developed). He said that Borders used a model that precluded the use of a historic structure. He stressed that this property is a good reminder that buildings last longer than people and the importance in maintaining any remaining historic integrity. He noted that the proposed building will likely stick around due to the residential use included. He credited the environs code for the positive and significant changes made to the project, although he feels there are numerous issues with the Downtown Design Guidelines review. He would like to maintain the significance of the alley and continue working on the massing and façade ratios, which he feels can be accomplished with changes in materials and design.

 

Ms. KT Walsh asked the applicant to please shovel the sidewalk on the Rhode Island Street side of the property. She spoke briefly about the late Kent Smalter. She feels the project is too large and it would be wise to send it to the Architectural Review Committee (ARC). She feels the livery stable walls should be saved, noting that Mr. Fleming promised they would save the wall, but no repairs were ever made. She said demolition by neglect is not permission to remove a structure entirely, adding that the use of recycled brick inside the café would be insulting.

 

Mr. Todd Foster, 708 Rhode Island Street, felt the east elevation still needs work, noting two thirds of the building has an additional story. He felt the open air court yard could be a noise issue, delivery areas, trash areas, and street lighting may also be an issue. He asked if the applicant has received any bids to repair the livery stable walls.

 

Ms. Phyllis Payne, property owner at 702 Rhode Island Street, agrees there have been major improvements made to the project but is concerned about damage to her soft brick home by proposed construction. She spoke with a neighbor to the Marriott who said her concerns were valid based on his experience with that hotel development.

 

Mr. Ed Payne, property owner at 702 Rhode Island Street, discussed his connection to Lawrence and the neighborhood. He stressed that the importance of historic structures is about the people who lived in them and around them.

 

COMMISSION DISCUSSION

Commissioner Bailey addressed the livery stable walls that staff has recommended for demolition.

 

Ms. Zollner explained that staff reviewed the walls as artifacts, not buildings.

 

Commissioner Veatch said they are more like ruins.

 

Commissioner Bailey commended the applicant for working with staff on the changes, but feels it would be beneficial to look at keeping the historic walls.

 

Commissioner Buchanan said it would seem fair to hold them to the same process as a demolition permit, to include structural analysis.

 

Commissioner Fry said he would agree if it was a listed property or a contributing structure.

 

Commissioner Bailey wondered whether there was precedence for that requirement with new construction in an overlay district.

 

Ms. Zollner said it’s been done in environs.

 

Commissioner Bailey said the design guidelines with the most restrictive language are section 5.1 regarding the alley, and 7.3 because the west elevation is still much larger than the buildings to the west.

 

Commissioner Fry said he sees Hobbs Taylor as an adjacent building, which is comparable to the proposed.

 

Commissioner Bailey noted the line of sight to a listed property across the street and meeting the intent of the design guidelines.

 

Commissioner Hernly said the design guidelines don’t help transition well from downtown to residential areas, and that’s an area this project still needs improvement.

 

Commissioner Bailey asked if the ARC can work out the remaining issues.

 

Commissioner Evans said some of the issues can be addressed, but not the massing.

 

Commissioner Buchanan wondered if it would be worth the effort sending the project to the ARC if the use is driving the inappropriate aspects of the project.

 

Commissioner Evans agreed.

 

Commissioner Hernly discussed the location of primary entry.

 

Commissioner Buchannan said storefronts and articulated entrances need improvement.

 

Commissioner Hernly pointed out that other similar buildings along the street had more opportunities for multiple entrances because the ground floor houses multiple tenants.

 

Commissioner Evans said that’s important because it engages the community.

 

Commissioner Hernly asked about the storefront at the northwest corner.

 

Ms. Davis said that’s where the café is located, and because of security reasons, grocery stores restrict multiple entrances.

 

Commissioner Buchanan asked what is preventing this grocery store from having a second entrance, when other local grocers have multiple entrances.

 

Ms. Davis explained that there is a secondary entrance for the outdoor dining, but for operator security all entrances must be staffed.

 

Commissioner Bailey asked if the east door would be open to the public.

 

Ms. Davis said no, it’s a back-of-house entrance.

 

Commissioner Evans said he’s been to many grocery stores with two entrances, such as Dillons.

 

Ms. Davis said this is similar, because the second entrance enters into the café area like Dillons.

 

Commissioner Buchanan asked about any provisions for digging given the knowledge that historic structures could be damaged.

 

Ms. Davis explained that they’ve done geotechnical reports for the site, and bedrock is 42 ft. down, and will not require jackhammering.

 

Commissioner Bailey felt that was out of their purview.

 

Commissioner Buchanan noted the language “damage or destroy”.

 

Ms. Davis said they have monitored homes in the past and are receptive to those concerns.

 

Commissioner Bailey asked how much leeway their might be with the massing.

 

Ms. Davis didn’t feel the massing could be altered due to the use.

 

Commissioner Bailey asked if a two-story grocery is possible.

 

Ms. Davis didn’t think so based on discussions with the developer.

 

Commissioner Buchanan said that other projects in other parts of town have been denied because their proposal didn’t meet the guidelines for the property. She doesn’t feel this is an exception.

 

Commissioner Fry felt they would be applying the most stringent level of evaluation if they looked at this property that way, instead of the least level of scrutiny for a Certificate of Appropriateness and the Downtown Design Guidelines.

 

Commissioner Buchanan felt the damage to the environs is too great.

 

Commissioner Fry said he doesn’t feel either listed property will be significantly damaged by the project.

 

Commissioner Bailey said there’s no sliding scale for the Downtown Design Guidelines review.

 

Commissioner Fry said even the Downtown Design Guidelines allow for the least stringent review for properties only in the environs.

 

They discussed where to find the correct guidelines and what environs were in the area.

 

Ms. Zollner clarified that this project is reviewed under guidelines for new construction, not for general non-contributing.

 

Commissioner Bailey felt that the ARC could possible work on the bulk of the issues.

 

Commissioner Evans said it sounds like the project footprint is non-negotiable.

 

Commissioner Veatch said the ARC could review other details that could improve the overall look of the building and it’s compatibility with the environs.

 

Commissioner Buchanan said the overall mass and height are an issue.

 

Commissioner Bailey felt it’s worth a shot to keep working on a good design solution.

 

Commissioner Hernly asked if the footprint size of the commercial space is an issue or if residential at the ground level would be helpful.

 

Commissioner Bailey said he wasn’t sure if that would be a possibility.

 

Commissioner Evans said its worth taking a look.

 

Commissioner Hernly said reallocating square footage might be possible.

 

Commissioner Bailey said the 15 guidelines not met by the current proposal is a good guideline for the ARC.

 

Commissioner Veatch said he’s still confused by the Downtown Design Guidelines and asked for a link to the document online.

 

Ms. Zollner explained where the guidelines can be found online.

 

 

ACTION TAKEN

Motioned by Commissioner Bailey, seconded by Commissioner Fry, to refer the project to the Architectural Review Committee to work on the 15 issues identified in the staff report.

 

     Unanimously approved 6-0.

 

ITEM NO. 6:        Certified Local Government Grants

 

Ms. Zollner explained opportunities available for Certified Local Government Grants and asked for direction on the best opportunities for those possible funds. She said neighborhood surveys and National Register nominations are possible, as well as an opportunity for commissioners to travel to a forum for the National Alliance of Preservation Commissions.

 

Commissioner Buchanan asked if the awarded project has to be completed in the grant year.

 

Ms. Zollner said yes.

 

Commissioner Buchanan asked if design guidelines could be completed in that timeframe.

 

Ms. Zollner said it can be a two year process, but if the neighborhood is already a district that is an advantage.

 

Commissioner Buchanan asked about East Lawrence.

 

Ms. Zollner said that could be a potential project.

 

Commissioner Evans asked which opportunities staff is most interested in pursuing.

 

Ms. Zollner suggested a survey grant for possibly the Barker, University Place, West Hills, and Hillcrest neighborhoods. She explained that a consultant would be hired to do that work.

 

PUBLIC COMMENT

Ms. KT Walsh, East Lawrence Neighborhood Association (ELNA), said they’re embarking on a conservation overlay and they’ll need help from staff.

 

Mr. Dennis Brown asked if the grant could cover multiple projects.

 

Ms. Zollner said they can apply for more than one grant.

 

Mr. Brown suggested they apply for grant funds for East Lawrence design guidelines, a Barker Neighborhood survey and University Place Neighborhood survey.

 

Commissioner Buchanan feels their priorities should be the Barker and University Place surveys, then West Hills and Hillcrest surveys, and next year the East Lawrence design guidelines, and in the meantime get a Heritage Counsel or Humanities Council grant for that project.

 

Ms. Zollner asked about commissioners attending forum and design guidelines for East Lawrence.

 

Commissioner Buchanan felt the timing would be better to do design guidelines next year.

 

Commissioner Hernly asked about the process for East Lawrence design guidelines, because he feels they’re important.

 

Ms. Zollner said she could do research on the design guidelines application and bring more information back to the Commission in March.

 

They further discussed design guidelines and grant timelines. They agreed no commissioner could attend forum this year.

 

ITEM NO. 7:        MISCELLANEOUS MATTERS 

 

A.            There was no comment on Zoning Amendments, Special Use Permits, or Zoning Variances received since November 16, 2017.

 

B.            There were no demolition permits received since November 16, 2017.

 

C.            There were no miscellaneous matters from City staff or Commission members.

 

ACTION TAKEN

Motioned by Commissioner Bailey, seconded by Commissioner Hernly, to adjourn the meeting.

 

ADJOURNED 7:15 PM