Template for agenda items that include requests for action on project bids:

Memorandum

City of Lawrence

Planning and Development Services Department

TO:	David L. Corliss, City Manager
FROM:	Planning Staff
CC:	Diane Stoddard, Assistant City Manager Cynthia Wagner, Assistant City Manager
DATE:	October 18, 2012
RE:	DR-5-77-12 Appeal of Downtown Design Guidelines Determination by the HRC for the proposed project at 100 E 9^th Street; Proposed Roundabout for 9^th and New Hampshire Street; and Demolition Approval for the structure located at 100 E 9^th Street

Please place the following item on the next available City Commission agenda.

I. Item Description

The City Commission is considering the following items related to the proposed demolition of the existing structure and new construction of a 77’ tall, 177,200 sf mixed use structure at 100 E 9^th St.:

1. Consider the applicant’s appeal of the Historic Resource Commission’s conditions of approval related to the Downtown Design Guidelines review for the proposed project to be located at 100 E 9^th Street.

2. Consider the request for demolition of the structure located at 100 E 9^th Street, if appropriate.

3. Consider the roundabout proposed for the intersection of 9^th and New Hampshire Street and direct staff as appropriate.

Note: The State Law Review was approved and has not been appealed by the applicant. Therefore, consideration of a “feasible and prudent alternative” is not necessary for this project.

II. Project Description

The applicant is requesting to:

1. Demolish the existing structure located at 100 E 9^th Street.

2. Construct a new mixed-use structure that will include commercial/office space on the ground floor and 121 apartment units on floors 2-7. The new 177,200 sf structure will be approximately 77’ tall at its highest point and will be clad with brick, stone, EIFS, and metal panels.

3. Make alterations to the streetscape in the public right-of-way including angled parking on the east side of New Hampshire Street and a roundabout to be located at the intersection of 9^th and New Hampshire Street.

History

The Lawrence Historic Resources Commission, at their meeting on September 20, 2012, made the following determinations:

1. Approved with conditions the Certificate of Appropriateness for the proposed demolition and new construction to be located at 100 E 9^th Street.

2. Approved with conditions the State Preservation Law Review (K.S.A. 75-2724) for the proposed demolition and new construction to be located at 100 E 9^th Street.

3. Approved with conditions the Downtown Design Guidelines Review for the proposed demolition and new construction to be located at 100 E 9^th Street.

· The applicant is appealing condition #1 of approval for the Downtown Design Guidelines review. (See letter dated October 3, 2012.) That condition stated:

The building setback on the west will be reduced to zero. (6.11 and 7.15) Parallel parking will be located in the right-of-way (20.18) with a landscape bed to separate the street and the sidewalk (5.6, 5.7).

· The applicant is not appealing the Certificate of Appropriateness or the State Preservation Law Review determinations.

4. The HRC did not review the proposed roundabout. The roundabout does not require a Certificate of Appropriateness. The Downtown Design Guidelines do not identify how to review items that are not currently part of the designed street patterns and streetscape. Staff requested the City Commission give direction on the introduction of roundabouts into the Downtown area.

The Downtown Design Guidelines require the City Commission to approve the demolition of any structure in the Downtown Conservation Overlay District. The proposed project would demolish the existing structure located at 100 E 9^th Street.

Demolition

The Downtown Design Guidelines require that all building demolitions in the Downtown Urban Conservation Overlay District be approved by the City Commission. (Guideline 23.3) The HRC reviewed the demolition request and found that the demolition of the existing structure located at 100 E. 9^th Street will not harm the overall character of the Downtown District as the existing structure is not character defining for the district nor has it achieved historic significance due to building alterations.

New Construction

The applicant is proposing the new construction of a multi-story mixed use building that includes underground parking, a bank, a clubhouse, ground floor retail/ office space, and 121 one, two, and three bedroom apartments. The structure will be approximately 177,200 square feet. The proposed structure will be concrete and steel framed with materials that include stone, brick, EIFS, and metal panels. The height of the structure at the corner of 9^th and New Hampshire Streets will be 77’. The proposed structure incorporates varying heights to reduce the overall height and mass of the building. A bank drive thru and access to the underground parking is taken from the alley on the east side of the proposed structure. Storefront systems are located on the north, south and west elevations. Ground floor fenestration also includes windows and fabric awnings on the east elevation. Art panels are proposed at the ground level on the north, east, and west elevations.

The HRC reviewed the proposed new construction for a Certificate of Appropriateness, under K.S.A. 75-2724 the Kansas Preservation Law, and using the Downtown Design Guidelines. Each of these reviews has different standards to apply. The HRC approved with conditions the new construction for each type of review.

Alterations to the public right-of-way

The proposed project also includes alterations to the public right of way and streetscape. These alterations include the introduction of a roundabout at the intersection of 9^th and New Hampshire and the introduction of angled parking along New Hampshire Street at the project site. The HRC approved the angled parking for the Certificate of Appropriateness and the State Preservation Law Review. The proposed roundabout does not require a Certificate of Appropriateness. The HRC did not review the roundabout as part of this project. The Downtown Design Guidelines approval was conditioned on the project using parallel parking as defined in the Downtown Design Guidelines (20.18).

HRC Actions - See Attached Action Summary

III. Downtown Design Guidelines Appeal

The Downtown Design Guidelines were originally adopted by the Lawrence City Commission in 2001 and revised in 2009. The Downtown Design Guidelines incorporate the Downtown Concept Plan. The overall intent of the guidelines is to encourage development and redevelopment in forms that will complement the existing historic character of the Downtown area.

The applicant is appealing condition #1 of the HRC approval for this review.

According to the Guidelines, the setback of a proposed building shall be consistent with the setback of adjacent buildings, and/or with nearby buildings fronting on the same street. Buildings must be placed with the express goal of continuing the overall building line of a streetscape. (7.15) The proposed structure meets this guideline for 9^th Street, but not for New Hampshire Street. (The proposed new structure has a zero setback on the north, south, and west.) The majority of structures on New Hampshire Street have a zero setback. (The Lawrence Arts Center is a civic structure with different applicable guidelines.) This is true for the structures directly to the west of the project site and the historic buildings at the north end of the block. This is appropriate and in keeping with the character-defining element of zero setbacks. However, the proposed structure is pulled back from the property line 9’ on the west to create a large sidewalk (13’) with angled parking. Angled parking will allow for 19 spaces, and parallel parking only allows for 8 spaces. The angled parking uses the public right-of-way that should be utilized as a green strip and sidewalk as a continuation of the established streetscape. The large sidewalk is important for the pedestrian scale and comfort, but the loss of the visual line that is created at the north end of the block will be disturbed. Staff also notes that the construction approved for the property to the south of the 9^th and New Hampshire Street intersection reestablishes the parallel parking, green strip, and sidewalk next to the building. The proposed project should utilize the public right of way as parallel parking, green space and sidewalk and the building should have a zero setback on the west to be compatible with the existing structures on New Hampshire Street and the majority of structures in the downtown district.

The Guidelines promote the continuation of Massachusetts Street as the main focus of the district. The guidelines are specific in that the existing street patterns shall be maintained. 20.18 identifies that “Saw-tooth parking shall be maintained along Massachusetts Street. Otherwise, on-street parking shall be parallel in orientation.”

Staff recommends a zero setback for the building on New Hampshire Street. Staff also recommends the continuation of the parallel parking on New Hampshire Street with the green space and sidewalk.

IV. Roundabout

Roundabouts are not identified in the Downtown Design Guidelines nor do the Guidelines give direction on how to review the introduction of new elements into the streetscape. Street and Landscape Elements in Section 5 identify that “Existing street patterns and layout shall be maintained.”(5.1)

The applicant is proposing a 90’ diameter roundabout which matches the size of the roundabout located at 19^th and Barker.

Roundabouts are not currently, nor have they historically existed, in the Downtown Lawrence area. Downtown has a grid street pattern with intersecting streets at right angles. This creates a linear pattern for both the street system and the adjacent pedestrian path. Emphasis is placed on the intersections with pedestrian activity to the corner and street crossings delineated by brick or concrete to look like brick walkways.

The proposed roundabout will remove pedestrian activity from the corners and place it back from the intersection. The roundabout creates a safe pedestrian route by pulling the crosswalk back from the intersection and introducing islands that can be used as a pedestrian refuge. This will change the dynamic of the intersection with the focus being the movement of traffic. The pedestrian viewshed will be altered.

While the introduction of a roundabout will alter the pedestrian experience, roundabouts are efficient and safe alternatives for moving traffic through an intersection. The Downtown Design Guidelines identify in 4.7 that Massachusetts Street should be maintained as a commercial, pedestrian-activity oriented corridor, with Vermont and New Hampshire defining the major vehicular movement patterns.

There have been recent discussions of the appropriate locations for crosswalks in the downtown area. Likewise, it may be prudent to study the grid traffic pattern of all of downtown to develop a comprehensive plan for how intersections, and even on-street parking, will be addressed in terms of vehicular, truck, pedestrian, and bicycle traffic.

V. Staff Recommendation

Staff recommends the following:

1. Uphold the HRC condition of approval:

2. Approve the demolition of the existing structure located at 100 E 9^th Street.

3. Consider the design alternatives for the intersection of 9^th and New Hampshire Street and direct staff as appropriate.

VI. Action Requested

2. Consider the request for demolition of the structure located at 100 E 9^th Street, if appropriate.

3. Consider the roundabout proposed for the intersection of 9^th and New Hampshire Street and direct staff as appropriate.