Memorandum

City of Lawrence

Planning and Development Services

 

TO:

Diane Stoddard, Interim City Manager

FROM:

Planning Staff

CC:

 

 

DATE:

Casey Toomay, Assistant City Manager

Brandon McGuire, Assistant to the City Manager

Scott McCullough, Director Planning and Development Services

December 4, 2015

RE:

Appeal of the Historic Resources Commission’s Determination for the Inclusion of an Arch in the Sidewalk Dining Area located at 1012 Massachusetts Street

 

Background

The City Commission deferred this item at their December 1, 2015 meeting to consider the greater impact approving the request would have on the future aesthetics of downtown.

 

Project Description

The applicant proposes to install an archway attached to the sidewalk dining railing as a gateway entrance to the dining area and the restaurant located at 1012 Massachusetts Street.

 

Application of the Downtown Design Guidelines

The Downtown Design Guidelines were originally adopted by the City Commission in 2001 and revised in 2009.  The Downtown Design Guidelines Task Force that represented downtown property owners, other stakeholders, design professionals, and the public developed the guidelines that were adopted by the HRC and the City Commission in public hearings.

 

The purpose identified in the Downtown Design Guidelines document is not only to provide staff and the HRC criteria upon which to base decisions, but also to provide guidance and expectations for property owners, designers and developers. The confidence that all projects will be reviewed using the established City codes allows for applicants to reduce time and money in the design and review process. Consistent application of the guidelines also establishes a level playing field for highly competitive business such as retail and restaurants.   

 

Height and location, whether for buildings, signs, or sidewalk dining railings, are often two of the main subjects in design review. The consistent application of the guidelines as a regulatory authority allows all applications to be reviewed in a manner that is equitable. Staff reviews and works with numerous national and local corporations to adjust their corporate branding to meet the guidelines. If applications are not reviewed in a consistent manner based on the guidelines, approval or denial of projects may be perceived by applicants to be arbitrary and capricious.

 

Downtown Design Guidelines and Administrative Policy

In addition to the railing height that is established in the guidelines, the guidelines and the adopted administrative policy (AP-105) for sidewalk dining and hospitality areas regulate the size, location, operation times, 55% food sales requirement, condition of amenities, height of umbrellas, amplified music, trash containers and trash free area, cleaning of enclosed area, and the prohibition of food preparation.  In addition, dining areas that include the consumption of alcoholic beverages cannot use glasses, cans or bottles unless they demonstrate the 55% food sales requirement. No taps, kegs, coolers, or other beverage storage devices may be used in the dining area. The Fire Department also reviews sidewalk dining areas for occupancy and accessibility to fire department connections. Planning and Development Services reviews the areas for ADA compliance.

 

Appeal Process for Development Design Standards (Downtown Design Guidelines)

Section 20-308(g) outlines the appeal process for determinations made by staff and the HRC.  Section 20-308(g)(3) states that the City Commission is the final decision-making authority in determining whether a proposed project meets the adopted Development/Design Standards.

 

This matter is different than a variance request that would be specific to a single property. This would apply to the entire downtown area.  A determination that an entryway element, like the proposed arch, is not bound by Part 3, Standard 4.2, relating to the height of the rail, would be a change in the City's interpretation of the Design Guidelines and would operate as a de facto change in the Design Guidelines without the benefit of process that might determine the impacts of such a change. As touched upon above, if you approve the proposed project, staff would be bound by such decision as precedent to approve all similar requests.  

 

City Commission Options

Staff has identified the following options for the City Commission’s consideration.

1)    Uphold the HRC determination and deny the project as it does not meet the intent or goals of the Downtown Design Guidelines and Guidelines Part 3: 4.2 and 4.4.

2)    Defer the proposed project until amendments can be initiated and adopted by ordinance to the code that will address the overall height of railings, attachments to the railings, and the location of the attachments. Proposed amendments for the location of the attachments should include if the attachments are only for gateways, or include vertical attachments along the railing or at the corners of the railing.

3)    Overturn the HRC determination and approve the project identifying how the proposed project meets the adopted design standards. This option should include a direction to staff on how to review projects using the guidelines for sidewalk dining areas until such time the guidelines can be amended by ordinance. 

 

Staff Recommendation

Staff recommends the Commission uphold the HRC determination and deny the project as it does not meet the intent or goals of the Downtown Design Guidelines and Guidelines Part 3: 4.2 and 4.4.

 

Action

Make a determination for the installation of a metal arch associated with the sidewalk dining area located in the public right-of-way adjacent to 1012 Massachusetts Street based on the Downtown Design Guidelines.