SITE PLAN REVIEW

June 16, 2004

 

A.                 SUMMARY

 

SP-05-30-04, a Site Plan for outdoor seating at Thai House, located at 724 Massachusetts Street. Submitted by Sam Parakhen for Steve Wilson, property owner of record.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:

C-3 (Central Commercial) District; commercial uses.

 

Surrounding Zoning and Land Use:

C-3 (Central Commercial) District to the north, south and west; commercial uses.

 

 

C-3 (Central Commercial) District to the east; commercial uses and parking lot.

 

Site Summary:

 

Gross Area:

0.067 acre

Total Site Area:

2,925 sq. ft.

Existing Bldg. Footprint:

2,850 sq. ft.

Proposed Sidewalk Area:

122 sq. ft.

Number of Buildings:

1

 

Staff Recommendation:

 

Planning Staff recommends approval of the site plan with the following conditions:

1.        Execution of a site plan performance agreement per Section 20-1433.

2.       Approval of “permanent” sidewalk dining area to 724 Massachusetts.

3.       The applicant shall obtain a sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202.

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

 

Possible City Policy Issue:

 

In 1995, staff was asked to draft Guidelines for Outdoor Dining facilities in the Downtown area. These guidelines were drafted, approved by the Historic Resources Commission and reviewed by the Planning Commission (1996). The City Commission, at the time, after receiving the draft guidelines, opted to take no action but directed staff to use these in our review of outdoor dining requests. At that time, requests were infrequent and an adopted city policy did not seem necessary to the Commission.

 

Staff has seen a sharp incline of inquires about outdoor dining and patio seating in recent months. Based on this, we are conducting a very informal review of what other communities do in regard to review and approval of outdoor dining areas in their downtowns. In most cases, approvals are for seasonal improvements that are not permanently attached to the sidewalk or building. 

 

Staff’s review will be completed in two weeks and a summary of our findings will be presented to the Commission. In the meantime, attached to each outdoor dining request is a copy of the Guidelines for Outdoor Dining facilities that staff and HRC have been using to review such requests.

 

Review Comments from Other Departments:

 

Public Works/Engineering: No comment.

 

Stormwater Engineering: No comments received.

 

Neighborhood Resources: No items may be temporarily attached to railings such as bikes or dogs on leashes. Seating area must be made ADA accessible upon request.

 

Municipal Utilities: No comments received.

 

Parks/Forestry:

1.         If possible, fence should have a seasonal placement on the sidewalk so it can be removed in winter for snow/ice removal and maintenance purposes. As this area of Massachusetts has reduced sidewalks, patrons tend to walk on tree planters, especially in winter.

 

Fire Department: No comment.

 

Police Department: No comments received.

Sanitation Department: No comments received.

 

Traffic Engineering: This will denigrate the pedestrian friendly nature of the sidewalk area.

 

Westar Energy: No comment.

 

Aquila, Inc: No comments received.

 

Southern Star Central Gas: No comments received.

 

Southwestern Bell: No comments received.

 

Sunflower Cablevision: No comment.

 

Planning Department: No comment.

 

C. Findings

 

Per Section 20-1432 Staff shall first find that the following conditions have been met:

 

(a)             That the proposed use is a permitted use in the district in which the property is located;

 

The subject property is located in the C-3 (Central Commercial) District. This district is designed to be the Central Business District or the downtown shopping and employment center for the community and surrounding trade area. The district is intended to provide space for retailing of all kinds, professional offices, financial institutions, amusement facilities, transient residential facilities, and limited wholesaling and warehousing. The C-3 (Central Commercial) District allows sidewalk dining. 

 

(b)             That the proposed arrangements of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;

 

The existing arrangement of buildings, off-street parking, access, lighting, landscaping and drainage are compatible with adjacent land use.

 

(c)             That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

 

This condition does not apply to the submitted site plan, which is for the addition of sidewalk dining.

 

(d)             That the site plan provides for the safe movements of pedestrians within the site;

 

Article 12, “Sidewalk Dining License” of City Code Chapter VI, Business Licensees, Taxes and Regulations, requires the proposed use 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.” The submitted site plan conforms to this requirement.   

 

(e)             That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

 

This condition does not apply to the submitted site plan, which is for the addition of sidewalk dining. There is no landscape requirement associated with this site plan.

 

(f)              That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

 

This condition does not apply to the submitted site plan, which is for the addition of sidewalk dining. 

 

(g)             That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.

 

The submitted site plan will take into consideration existing sidewalk/paving conditions associated with the installation of the sidewalk dining area.

 

D.        STAFF REVIEW

 

The applicant is proposing to construct an outdoor seating area at the Thai House Restaurant located at 724 Massachusetts Street. The 6’4” x 19’ patio area will provide outdoor seating for approximately 8 patrons. The patio’s proposed railing is to be of wrought iron construction.

 

Article 12, “Sidewalk Dining License” of City Code 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.” The outdoor seating area will project approximately 6’4” from the front building wall to the existing sidewalk. Beyond the seating area, the unobstructed sidewalk continues for approximately 6’ before it connects with raised planter boxes, light posts, etc. Therefore, this request meets Code requirements for maintaining 6’ of  unobstructed sidewalk.

 

The City’s Historic Resources Administrator reviewed and administratively approved this sidewalk dining request in June 2004. The site plan, as conditioned, is in conformance with the requirements of the Zoning Ordinance. Staff recommends approval of the proposed site plan.