SITE PLAN REVIEW
CITY COMMISSION
SP-07-51-07: A site plan for sidewalk dining for the In-gre-di-ent Restaurant located at 947 Massachusetts Street. Submitted by Schwerdt Design Group, Inc. for In-gre-di-ent, 1908 Realty L.L.C. is the property owner of record. (PGP)
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Current Zoning and Land Use: |
CD (Downtown Commercial District); In-gre-di-ent Restaurant.
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Surrounding Zoning and Land Use: |
CD (Downtown Commercial District) to the north, south, east, and west; developed with various office, commercial and retail use. |
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Site Summary: |
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Lot Area: |
5,850 Sq. Ft. |
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Proposed Sidewalk Dining Area: |
325 Sq. Ft. |
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Off-Street Parking Required: |
No parking required in Downtown Commercial District. |
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Staff Recommendation: Staff recommends approval of SP-07-51-07: In-gre-di-ent, a site plan for sidewalk dining located at 947 Massachusetts Street, subject to the following conditions: 1. Compliance with the Historic Resources Commission condition of approval: a. Any changes to the approved project will be submitted to the Historic Resources Administrator prior to the commencement of any related work. 2. Revision of the site plan to include notation of Historic Resources Commission case No. DR-07-95-07 and the HRC August 16, 2007 approval date. 3. Provision of a Site Plan Performance Agreement. 4. Provision of An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements. 5. Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202. 6. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12. |
C. STAFF REVIEW
947 Massachusetts Street is zoned CD (Downtown Commercial) District and is located at the northwest corner of 10th Street and Massachusetts Street. The In-gre-di-ent Restaurant currently occupies the subject property.
The applicant proposes to construct a sidewalk dining area (42’ 5” x 7’ 9”) on the south elevation of the building (along 10th Street). The proposed outdoor seating area will include six tables, with outdoor seating available for up to 24 persons. The area will extend 7’ 9” from the south side of the building. The area will be separated from the pedestrian sidewalk with a 3’ high railing. The railing is designed so that it is removable.
The railing has a horizontal distance of 6’ from the nearest planter and 7’ 2 & ¼” from the curb.
Article 12 of Chapter VI, Business Licensees, Taxes and Regulations, requires sidewalk dining to, “…maintain a minimum of six (6) feet width of unobstructed sidewalk between the food service establishment sidewalk use and the street curb or plantings, whichever is closer, for public use.” This request meets City Code requirements for maintaining a minimum of six feet of unobstructed sidewalk.
Historic Resources Commission
The structure located at 947 Massachusetts Street is located in Lawrence’s Downtown Historic District, National Register of Historic Places, and the Downtown Conservation Overlay District. It is also located within the environs of the Hanna Building, Lawrence Register of Historic Places. At the August 16, 2007 meeting, the Historic Resources Commission confirmed staff’s recommendation of approval for this application [DR-07-95-07], with the following condition:
1. Compliance with the following Historic Resources Commission condition of approval:
a. Any changes to the approved project will be submitted to the Historic Resources Administrator prior to the commencement of any related work.
D. Findings
Per Section 20-1305(j) staff shall first find that the following conditions have been met:
(1) The site plan shall contain only platted land;
The site is platted as Lot 91 of the Original Township of Lawrence, Kansas.
(2) The site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plans;
The site plan, as condition, will comply with the standards of the City Code, the Development Code and other adopted City policies and adopted neighborhood or area plans.
The general notes on the site plan include:
“General Note No. 13. The City Commission reserves the authority to revoke the right to use the right-of-way if the City Commission determines the noise, trash, or other public concerns associated with the outdoor dining area.”
“General Note No. 14. Per City Code Section 9-902, the outdoor dining area will be managed to prevent stormwater pollution. Food waste, trash, cigarettes and other solid wastes will be collected and disposed of properly. Fluid waste, including wastewater from pavement or furniture cleaning, will be collected and discharged into the sanitary sewer sewer system.”
The site will continue to receive sanitation service via an existing dumpster off the adjacent alleyway.
(3) The proposed use shall be allowed in the district in which it is located or be an allowed nonconforming use;
The subject property is zoned CD (Downtown Commercial) District. This district is intended to implement the Comprehensive Plan’s Downtown Commercial Center policy of providing for a variety of land uses, including governmental, retail, office, public and community facilities, institutional, churches, and residential and to accommodate new neighborhood, community and regional retail uses within the downtown area. Restaurants are permitted in the CD (Downtown Commercial) District.
(4) Vehicular ingress and egress to and from the site and circulation within the site shall provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or access management policies; and
Massachusetts Street is considered a major collector within the vicinity of the project and 10th Street is a local street. No changes are proposed that would affect vehicular ingress and egress. With the addition of the outdoor seating area, six to seven feet of unobstructed sidewalk area will be available for pedestrian activity along 10th Street.
No off-street parking is required or proposed with this project due to its location in the CD (Downtown Commercial) District. Several on-street parking spaces abut the site along 10th Street. An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements is required as a standard condition of approval for site plans in the Downtown District.
(5) The site plan shall provide for the safe movement of pedestrians on the subject site.
Six to seven feet of unobstructed public sidewalk area will accommodate safe pedestrian movement to and from the subject business.
The applicant proposes to modify a 325 square foot area along the 10thStreet side of the subject business to allow for sidewalk dining. No additional landscaping is proposed with this site plan. However, street trees exist within the public right-of-way along 10th Street.