SITE PLAN REVIEW

CITY COMMISSION

July 23, 2013

A. SUMMARY

SP-13-00230:  A site plan for sidewalk hospitality area for The Roost located at 920 Massachusetts Street. Submitted by Mike Myers of Hernly & Associates for Terra Firma LTD, property owners of record.

B.        GENERAL INFORMATION

Current Zoning and Land Use:	CD (Downtown Commercial District); Eating & Drinking Establishment.
Surrounding Zoning and Land Use:	To the north, south, and west: CD (Downtown Commercial District); Eating and Drinking Establishments, Retail Sales, and Office. To the east: CD (Downtown Commercial District); City owned parking garage.
Site Summary:
Building	5561 Sq. Ft.
Proposed Sidewalk Dining Area:	144 Sq. Ft. (114 Sq Ft. in ROW and 30 Sq. Ft. on property)
Off-Street Parking Required:	Not required in Downtown Commercial District.

Staff Recommendation: Staff recommends approval of SP-13-00230, a site plan for sidewalk hospitality area, subject to the following conditions:

1. Execution of a sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1203 of the City Code.

2. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-1205 of the City Code.

C.        STAFF REVIEW

The applicant proposes to enclose a 144 square-foot sidewalk area for dining service associated with The Roost restaurant.  The sidewalk dining area will extend outward from the west face of the building 6’ 6” and will be 17’ long from north to south with a southeast angle of 3’.  The sidewalk dining area leaves an unobstructed clear space of 6 feet of the Massachusetts Street sidewalk.  The proposed outdoor area will accommodate seating at tables with outdoor seating available for up to 15 people. The area will be separated from the pedestrian sidewalk with a railing 3’ high.

Historic Resources Commission (DR-13-00231)

920 Massachusetts Street; Sidewalk Dining Permit; State Preservation Law Review, Certificate of Appropriateness Review and Downtown Urban Conservation Overlay District Review.  This application was submitted for review prior to July 1, 2013 when the changes to the State Preservation Law removed the requirement for the review of projects within the environs (500 ft) of the listed property.  The property is listed as the C. H. Hunsinger Garage Building in Lawrence’s Downtown Historic District, National Register of Historic Places.  The property is in the environs of the North Rhode Island Street Historic Residential District, Plymouth Congregational Church (925 Vermont), National Register of Historic Places; the Shalor Eldridge Residence (945 Rhode Island), Register of Historic Kansas Places; and the Hanna Building (933 Massachusetts); Lawrence Register of Historic Places.  The property is also in the Downtown Conservation Overlay District.

In accordance with the Secretary of the Interior’s Standards, Chapter 22 of the Code of the City of Lawrence, and the Downtown Design Guidelines, the standards of evaluation, the Historic Resources Administrator approved the proposed project and made the determination that the proposed project does not encroach upon, damage, or destroy listed historic properties or their environs.

The Historic Resources Commission will confirm the administrative approval of this project on July 18, 2013.

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 Lot 80, Massachusetts Street, Original Townsite, Lawrence, Douglas County, 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;

As conditioned, the site plan complies with all standards of the City Code and Development Code.

(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. Eating & Drinking Establishments are permitted in this 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 access to this property. No off-street parking is required or proposed with this project due to its location in the CD (Downtown Commercial) District.

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

Six feet of unobstructed public sidewalk area is preserved along Massachusetts Street for safe pedestrian movement to and from the subject business.