Memorandum

City of Lawrence

Planning Department

 

TO:

Mike Wildgen

David Corliss

Debbie Van Saun

FROM:

Lynne Braddock Zollner, Historic Resources Administrator

CC:

Linda Finger

Sheila Stogsdill

Date:

June 7, 2005

RE:

June 14th  City Commission Agenda Item

 

 

Please include the following item on the City Commission agenda for consideration at the June 14th  meeting:

Sidewalk Dining Guidelines

The Lawrence Historic Resources Commission has completed and approved guidelines for Sidewalk Dining in the Downtown Urban Conservation Overlay District.  These guidelines are being forwarded to the City Commission for review and action, as appropriate.

 

Project History  Due to the increase in sidewalk dining applications in 1995, the Historic Resources Commission (HRC) asked the City Commission to develop guidelines which might be used in the development of these dining areas.  The City Commission directed staff to work with the HRC to develop guidelines for sidewalk dining establishments.  Staff presented these guidelines to the HRC in November of 1995. 

 

The HRC reviewed the proposed Sidewalk Dining Guidelines at their November 1995 and December 1995 meetings.  The HRC expressed the opinion that the guidelines, as proposed, adequately addressed the various issues.  The discussion focused mainly on the issue of whether or not to make the railing delineation permanent or temporary.  The HRC discussed the option of having the railings installed for a defined season.

 

The Lawrence/Douglas County Planning Commission also reviewed the proposed Sidewalk Dining Guidelines at their January 24, 1996 meeting.  The Planning Commission’s opinion was that the proposed guidelines addressed the various issues.  The Planning Commission concurred with the HRC that temporary delineation of the outside dining areas was preferable over permanent installation of railings. 

 

On April 9, 1996, the City Commission reviewed the proposed Sidewalk Dining Guidelines and decided to take no official action.   At that time, requests were infrequent and an adopted City policy did not seem necessary to the Commission. The Commission directed staff to use the proposed guidelines when reviewing outdoor dining requests.

 

In February 2005, the HRC requested that staff review the existing sidewalk dining guidelines, compare them with other municipalities, and present the findings to the HRC at their March 17, 2005 meeting.  At that March 17th meeting, the HRC requested that the City Commission institute a moratorium on the issuance of sidewalk dining licenses until the existing guidelines were updated and presented to the City Commission for their review and possible adoption.   On March 29, 2005 the City Commission granted a 45 day moratorium on the issuance of Sidewalk Dining licenses.

 

The HRC held public meetings on April 21 and May 4, 2005 on Sidewalk Dining Guidelines.  At the May 4, 2005 meeting, the HRC completed the Sidewalk Dining Guidelines (see attached).

 

Items identified by the HRC for City Commission consideration  The overall concept of outdoor dining in the front of structures located in the downtown has little or no historic basis.  However, as changes in the use of structures in the downtown occur, alterations to the buildings are important to the overall viability of the structures.  Alterations necessary for new uses should require minimal change to the defining characteristics of the building and its site and environment. The standards and guidelines used by the HRC to review changes to the downtown area also indicate the alteration of spaces which characterize the property should be avoided.

 

In the development and refinement of the attached guidelines for sidewalk dining, the HRC concentrated on the design issues that affect the historic character in the downtown area.  As part of the design element discussions, several items were identified by the HRC and public that, while relevant to guidelines for the establishment and maintenance of sidewalk dining areas, were not directly related to the preservation of the historic character of the downtown area.  The HRC requested the City Commission review and determine the appropriateness of these issues.  

 

(1) Cost per square foot – Is the current rate of $3.50 per square foot adequate?

(2) Limit per block – Should there be a maximum number of sidewalk dining areas?

(3) Exterior Music – Are the existing codes sufficient to address the addition of exterior music in the sidewalk dining areas?

(4) Cleaning methods – The HRC felt strongly about the cleanliness of the dining areas and accepted the information provided by the City’s Stormwater Engineer.  However, there was concern by the HRC that the City Commission should review and make the decision on how the areas were cleaned and maintained.

(5) Pedestrian exclusive areas – Should there be areas and/or times when the sidewalk should be only for pedestrians?

(6) Alley revitalization – The HRC requested that the City examine the possibility of the revitalization of the existing alleys to encourage businesses to locate downtown by creating an alley storefront or access to upper floors.

 

Staff Recommendations  In City staff review of the proposed sidewalk dining guidelines, staff identified the following items that should be addressed.

 

(1) Consistent use of the term “Sidewalk Dining Area” or “Sidewalk Café.”

(2) The removal of the railing systems during inclement weather months.

(3) The inclusion of Section 6-1202.8 in the guidelines document with specific emphasis on the responsibility of the licensee to maintain the sidewalk at all times and return it to City pavement standards when the dining area is removed.

The City may require the removal of any fixtures placed on the sidewalk pursuant to this Article, including the immediate removal of any fixtures pursuant to City public works or utilities needs or the removal during certain seasonal time periods (e.g. winter months).  The licensee shall be solely responsible for any costs incurred in the removal of fixtures, and shall return the sidewalk to City pavement standards. 

 

Action Request.  Staff requests the City Commission review the attached sidewalk dining guidelines and direct staff as appropriate.