SEPTEMBER 23, 2008

A. SUMMARY

SP-06-42-08: A site plan for sidewalk dining for Yummy’s Over the Top Frozen Yogurt located at 1119 Massachusetts Street. Submitted by Johnston Construction Company, LLC for Qandil Properties, LLC, property owner of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:

CD (Downtown Commercial District); Eating & Drinking Establishment – Fast Order Food.

Surrounding Zoning and Land Use:

CD (Downtown Commercial District) to the north, commercial uses.

GPI (General Public & Institutional Use District) to the east and west, commercial uses and Douglas County Courthouse to the east, Community Building to the west.

OS (Open Space District) to the south, South Park.

Site Summary:
Lot Area:	5,891 Sq. Ft.
Proposed Sidewalk Dining Area:	190 Sq. Ft.
Off-Street Parking Required:	No parking required in Downtown Commercial District.

Staff Recommendation: Staff recommends approval of SP-06-42-08 a site plan for sidewalk dining for Yummy’s Over the Top Frozen Yogurt, subject to the following conditions:

1. Provision of a Site Plan Performance Agreement.

2. Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202.

3. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.

C. STAFF REVIEW

The applicant proposes to construct a 190 square-foot sidewalk dining area (4.8 feet x 33 feet) on the south elevation of the building (along North Park Street). Though the business is addressed from Massachusetts Street, it is located directly off of North Park Street, just west of Massachusetts Street. The sidewalk dining area leaves an unobstructed clear space of five feet on the sidewalk, which is permitted because North Park Street is a side street. (A minimum of six feet clear space is required along Massachusetts Street). The proposed outdoor seating area will include four tables, with outdoor seating available for up to 11 persons. The area will be separated from the pedestrian sidewalk with a 3’ high railing.

Historic Resources Commission

The subject property is located within the Downtown Urban Conservation Overlay District and within the environs of the Douglas County Courthouse, the Watkins Bank Building, and South Park. As such the Historic Resources Commission has reviewed and approved the proposed sidewalk dining site plan.

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 Park Street, South Half of Lots 17 and 19 and the South Half of the East 17 feet of Lot 21.

(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 complies with all standards of the City Code and Development Code subject to the satisfaction of the conditions of approval.

(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. Eating & Drinking Establishments 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

No changes are proposed that would affect vehicular ingress and egress. With the addition of the outdoor seating area, five feet of unobstructed sidewalk area will be available for pedestrian activity along North Park Street.

No off-street parking is required or proposed with this project due to its location in the CD (Downtown Commercial) District.

(5) The site plan shall provide for the safe movement of pedestrians on the subject site.

Five feet of unobstructed public sidewalk area is preserved along North Park Street for safe pedestrian movement to and from the subject business.