SITE PLAN REVIEW
SP-08-57-04: A site plan for outdoor seating at Qdoba’s Restaurant, located at 947 Massachusetts (northwest corner of 10th Street and Massachusetts). Submitted by Paul Werner Architects for 1908 LLC, property owner of record.
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Current Zoning and Land Use: |
C-3 (Central Business District); Existing downtown Lawrence corner building, recently remodeled for commercial and retail use.
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Surrounding Zoning and Land Use: |
C-3 (Central Business District) to the north, south, east and west; developed with various office, commercial and retail uses. |
RECOMMENDATIONS
Planning Staff recommends approval of the site plan subject to the following conditions:
1. Execution of a site plan performance agreement per Section 20-1433.
2. The applicant shall obtain a sidewalk dining license/agreement with the City of Lawrence for the use of the right of way per Article 6-12.
3. Revision of the site plan to include:
a. A note stating: “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 warrant removal of the outdoor dining area.”
b. Notation of interior and exterior occupancy limits.
4. Completion of HRC Conditions of Approval (DR-07-61-2004).
C. STAFF REVIEW
The applicant has proposed an outdoor seating/sidewalk dining area for Qdoba’s Restaurant, a new restaurant located at the northwest corner of 10th and Massachusetts (947 Massachusetts). This property is zoned C-3 (Central Commercial) District. The C-3 District is designed to “be the central business district or the downtown shopping and employment center for the community and surrounding trade area” (Section 20-704).
The Zoning Ordinance allows the designation of sidewalk dining areas in the public right-of-way of the C-3 District as a permitted use with approval of a sidewalk dining license. The applicant will be required to obtain a sidewalk dining license from the City Clerk prior to the release of the site plan to Neighborhood Resources.
The applicant had originally proposed dining areas along both Massachusetts and 10th Street wrapping around the corner. The site plan was revised by the applicant based on staff concerns regarding the sufficiency of the pedestrian area at the corner.
Sidewalk Seating/Dining Description
The applicant is requesting approval of the installation of a sidewalk seating/dining area in the right-of-way located along a portion of the south side of the building on 10th Street. The proposed area will be 40’ by 7’9” = 310 square feet. The proposed seating will allow for occupancy of 24 individuals (6 tables x 4 chairs/table). The area will be delineated by an iron railing which will be attached to the sidewalk with removable anchors.
The City has reviewed and approved a number of outdoor dining areas in the downtown area. There are now approximately 18 outdoor dining areas using the City-owned, public sidewalk/right-of-way including: “Aimee’s Cafe & Coffeehouse” “Aladdin Café”, “Buffalo Wild Wings”, “Bourgeois Pig”, “Chipotle Mexican Grill”, Einstein Bros Bagels”, “Java Break”, “Jefferson’s Restaurant”, “Juice Stop”, “La Parrilla”, “Massachusetts Street Deli”, “Milton’s”, “Papa Keno’s Pizzeria”, “Pizza by the Slice”, “Signs of Life”, “Thai House”, “Z’s Espresso”, and “Zen Zero”. The city leases out the space at an annual cost of $3.50 per square foot.
In the past, the Commission has reviewed each site plan on its own merits in terms of function, layout, and materials used for the outdoor dining area. The proposed outdoor seating/dining area is compatible in size to the existing approved outdoor dining areas and will be delineated with a metal railing.
Typically, concerns with this type of use relate to litter and trash generated on-site which end up off-site; music levels; the containment of alcoholic beverages on premises; and the enforcement of conditions pertaining to these concerns. To address these concerns, a note should be added to the face of the site plan which states: “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 warrant removal of the outdoor dining area.”
In evaluating the proposed occupancy of outdoor eating areas, staff and the City Commission have considered the existing or proposed occupancy of the facility. Outdoor seating/dining areas in the public right-of-way have always been considered auxiliary seating areas and not primary seating areas. The proposed sidewalk seating/dining occupancy is auxiliary to the primary seating area.
On August 19, 2004, the Historic Resources Commission recommended approval of the proposed alteration with the following conditions:
1. The proposed railing not be attached to the building;
2. Provisions should be made to provide adequate fire safety egress;
3. The height of the railing, shall not be higher than thirty-six inches (36");
4. The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky with the exception that it may be covered with a retractable awning or fixed awning which is compatible with the surrounding area;
5. Umbrellas will not protrude into the public right of way or pedestrian area;
6. Advertising shall not be permitted in the sidewalk dining area except for the name of the establishment on chairs or tables as approved by the City; and
7. This recommendation is given with the understanding that the City Commission must approve the associated site plan and sidewalk-dining license. Approval of this request by staff or the HRC does not mean the City Commission will approve the associated site plan or sidewalk dining license.
D. 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 property is within a C-3 (Downtown Commercial) District, a district which permits a restaurant as a use by right and an outdoor dining/sidewalk café through a site plan approval.
(b) That the proposed arrangement 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 movement 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 shows a 7’3” wide pathway between the metal railing and the street curb. Any table umbrellas, if used, should not project over the sidewalk dining railing.
(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 a site plan for outdoor dining within the pedestrian sidewalk of the public right-of-way in Downtown Lawrence. Downtown landscaping is maintained by the City.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
No outdoor trash storage area is proposed as part of the outside dining area. Qdoba’s Restaurant will be responsible for busing the outdoor dining area.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
The site plan takes into consideration the existing sidewalk, crosswalk, and handicap sidewalk ramps.