SEPTEMBER 11, 2007

A. SUMMARY

SP-07-59-05: A site plan for sidewalk dining for Local Burger Restaurant located at 714 Vermont Street. Submitted by Hilary Brown for Downtown Equities II LC, the property owner of record. (LBZ)

B. GENERAL INFORMATION

Current Zoning and Land Use:

CD (Downtown Commercial District); Restaurant, Office and storage.

Surrounding Zoning and Land Use:

CD (Downtown Commercial District) to the north, south, east, and west; developed with various office, commercial and retail use.

Site Summary:
Lot Area:	12,905 Sq. Ft.
Proposed Sidewalk Dining Area:	117 Sq. Ft.
Off-Street Parking Required:	No parking required in Downtown Commercial District.

Staff Recommendation: Staff recommends approval of SP-07-59-05: A site plan for sidewalk dining located at 714 Vermont Street, subject to the following conditions:

1. Compliance with the Historic Resources Commission conditions of approval.

2. Provision of an Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements.

3. Provision of an approved 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.

C. STAFF REVIEW

714 Vermont Street is zoned CD (Downtown Commercial) District and is located on the east side of the 700 block of Vermont Street. Local Burger Restaurant currently occupies the northwest portion of the building located on the subject property.

The applicant proposes to construct a sidewalk dining area (18” X 6’6”) on the west elevation of the building (along Vermont Street). The proposed outdoor seating area will include four tables, with outdoor seating available for up to 16 persons. The area will extend 6’6” from the west side of the building. The area will be separated from the pedestrian sidewalk with a metal railing. The railing is designed so that it is removable.

The railing has a horizontal distance of 6’6” from the curb.

Article 12 of 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.” This request meets City Code requirements for maintaining a minimum of six feet of unobstructed sidewalk.

Historic Resources Commission

The structure located at 714 Vermont Street is located in the Downtown Conservation Overlay District and is in the environs of Lawrence’s Downtown Historic District, the Eldridge Hotel, and the United States Post Office Building, National Register of Historic Places. The property is also located in the environs of Miller’s Hall and the House Building, Lawrence Register of Historic Places. At the August 18, 2005 meeting, the Historic Resources Commission confirmed staff’s recommendation of approval for this application [DR-07-56-05], with conditions.

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 Lots 26, 28, and north 10.30 feet of Lot 30, Vermont Street of the Original Township of Lawrence, 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;

The site plan, as conditioned, will comply with the standards of the City Code, the Development Code and other adopted City policies and adopted neighborhood or area plans.

(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. This district is intended to implement the Comprehensive Plan’s Downtown Commercial Center policy of providing for a variety of land uses, including governmental, retail, office, public and community facilities, institutional, churches, and residential and to accommodate new neighborhood, community and regional retail uses within the downtown area. Restaurants are permitted in the CD (Downtown Commercial) 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 ingress and egress. With the addition of the outdoor seating area, six feet of unobstructed sidewalk area will be available for pedestrian activity along Vermont Street.

No off-street parking is required or proposed with this project due to its location in the CD (Downtown Commercial) District. Several on-street parking spaces abut the site along Vermont Street. An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements is required as a standard condition of approval for site plans in the Downtown District.

(5) The site plan shall provide for the safe movement of pedestrians on the subject site.

Six feet of unobstructed public sidewalk area will accommodate safe pedestrian movement to and from the subject business.

The applicant proposes to modify a 117 square foot area along the Vermont Street side of the subject business to allow for sidewalk dining. No additional landscaping is proposed with this site plan.