September 26, 2011

A. SUMMARY

SP-8-52-11: A site plan for sidewalk hospitality area for Fuzzy’s Tacos Restaurant to be located at 1115 Massachusetts Street. Submitted by John W. Records for Qandil Properties, LC, property owner of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:

CD (Downtown Commercial District); Eating & Drinking Establishment and office.

Surrounding Zoning and Land Use:

To the north: CD (Downtown Commercial District); retail sales

To the east and west: GPI ( General Public and Institutional Use); Community Building and County Courthouse, and

To the south: OS (Open Space); South Park.

Site Summary:
Building	4,945 Sq. Ft.
Proposed Sidewalk Dining Area:	120 Sq. Ft.
Off-Street Parking Required:	Not required in Downtown Commercial District.

Staff Recommendation: Staff recommends approval of SP-8-52-11 a site plan for sidewalk hospitality area, subject to the following conditions:

1. Execution of a sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202 of the City Code. This includes the submission of a copy of State of Kansas Food Services Establishment License.

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

C. STAFF REVIEW

The applicant proposes to construct a 120 square-foot sidewalk area for dining and including alcohol beverage service. The sidewalk dining area will extend outward from the east face of the building toward Massachusetts Street approximately 4 feet and will be approximately 30 feet long from north to south. The sidewalk dining area leaves an unobstructed clear space of 6 feet on the Massachusetts Street sidewalk. The proposed outdoor seating area will accommodate five tables that seat two, with outdoor seating available for up to 10 people. The area will be separated from the pedestrian sidewalk with a railing 36 inches high.

Historic Resources Commission

1115 Massachusetts Street is a contributing structure to Lawrence’s Downtown Historic District, National Register of Historic Places. It is located within the Downtown Urban Conservation Overlay District and is in the environs of the Douglas County Courthouse (1100 Massachusetts St) and the Watkins’s Bank Building (1047 Massachusetts), National Register of Historic Places, and South Park, Lawrence Register of Historic Places.

In accordance with the Secretary of the Interior’s Standards and Chapter 22 of the Code of the City of Lawrence, and the Downtown Design Guidelines, the standards of evaluation, the Historic Resources Administrator has administratively approved the proposed project and made the determination that the proposed project does not encroach upon, damage, or destroy listed historic properties and their environs with the following condition:

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

The Historic Resources Commission will confirm the administrative approval of this project on October 27, 2011.

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 ½ of the South ½ of Lots 17 & 19 plus the South ½ of the South ½ of the east 17 feet of Lot 21, Oread Addition to the original townsite, Lawrence, Douglas County, 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;

As conditioned, the site plan complies with all standards of the City Code and Development Code.

(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 this 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 access to this property. 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.

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