SITE PLAN REVIEW

CITY COMMISSION

October 7, 2014

 

A.           SUMMARY

 

SP-14-00379:  A site plan for a use of right-of-way permit to use the adjacent sidewalk similar to a hospitality area for a non-food service related business, Yantra Services, a software development business, located at 840 Massachusetts Street. Submitted by Hernly Associates for Ann Murphy, the property owner of record.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:

CD (Downtown Commercial District); Office.

 

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); Parking area associated with 10 E 9th Street.

 

Site Summary:

Building

2,469 Sq. Ft.

Proposed Sidewalk Dining Area:

96.72 Sq. Ft.

Off-Street Parking Required:

Not required in Downtown Commercial District.

 

 

Staff Recommendation: Consider Site Plan 14-00379 and the pending question of permitting non-food and beverage related use of the sidewalk on Massachusetts Street and approve if appropriate.  If approved, the site plan should have the following conditions:

 

1.    Execution of a right-of-way agreement;

2.    Execution of a Site Plan Performance Agreement; and

3.    A revised site plan document that notes the railing will not be attached to the building.

 

 

C.        STAFF REVIEW

 

The applicant proposes to construct and rent a 96.72 square-foot sidewalk area for employees of Yantra Services to eat and work outside when weather permits.  The sidewalk area will extend outward from the west face of the building 6’-8” and will be 14’-6” long from north to south.  The sidewalk area leaves an unobstructed clear space of 6’ on the Massachusetts Street sidewalk.  The proposed outdoor area will accommodate seating at tables with outdoor seating available for up to 10 people. The area will be separated from the pedestrian sidewalk with a railing 3’ high.

 

The proposed application is unique in that the sidewalk area is not adjacent to a hospitality or dining use.  As the first application for the use of right-of-way on Massachusetts Street as a sidewalk area associated with a business use, the application has been reviewed as a site plan for use of the public right-of-way similar to the sidewalk dining and hospitality area use as provided for in Chapter 6-12 of the City Code. Historically, the City Commission has approved the site plans for sidewalk dining/hospitality areas.

 

In February of 2013, the City Commission amended the existing sidewalk dining guidelines to allow hospitality areas that did not serve food to have a designated area on the public sidewalk.  The purpose of Ordinance 8831, similar to the original ordinance that established sidewalk dining, states that:

“because it encourages a pedestrian-oriented environment, because it creates a vibrant and visually attractive streetscape and because it promotes and stimulates commerce, it is in the best interest of the residents of the City of Lawrence, Kansas to permit, subject to regulation, Sidewalk Dining.”

 

Chapter 6, Article 12 provides definitions (6-1202) for Sidewalk Dining Licenses.  A “hospitality establishment” is defined as “any business, however organized, that sells food, beverages, or both for consumption by patrons on the premises.” Yantra Services does not propose to sell food or beverages for consumption by patrons, but rather have an area for the use of employees to consume food and beverages and work outdoors.  The proposed use does not appear to meet the definition of hospitality establishment. However, the actual use of the right-of-way is similar to the use of the right-of-way by hospitality establishments except for the sale to patrons of food and/or beverages. 

 

Sidewalk dining licenses are valid for a period not to exceed one year and expire on November 1st of each year. Sidewalk dining licenses are not transferable. Sidewalk dining/hospitality applicants must sign a use of right-of-way agreement with the City.

 

Chapter 16, Article 9 of the City Code establishes the Use of Right-of-Way. This section of the Code allows the City to grant the use of a portion of the right-of-way to a private entity.  Typically, the City uses right-of-way agreements to establish the parameters of the particular use and any conditions that may apply. While the proposed use of the right-of-way does not appear to meet the definition of a sidewalk dining/hospitality area, a right-of-way agreement could be tailored to meet the needs of Yantra Services. 

 

The applicant has submitted a site plan document that meets the technical criteria established in 6-1209.2 and 20-1305(f). The document shows how the proposed area is similar in appearance to sidewalk dining/hospitality areas.  While the appearance of the area will be similar to existing sidewalk dining/hospitality areas downtown and the proposed use will be similar to the existing uses of sidewalk dining/hospitality areas downtown, Chapter 6, Article 12 of the Code does not address the use of the right-of-way for purposes other than sidewalk dining and hospitality areas.  The expansion of the use of the sidewalks downtown for offices or business is a policy question for the City Commission.

 

Historic Resources Commission (DR-14-00380)

840 Massachusetts Street has requested a Sidewalk Enclosure.  This use of right-of-way requires review under the State Preservation Law and the Downtown Design Guidelines.  The property is listed as a non-contributing structure to Lawrence’s Downtown Historic District, National Register of Historic Places and is also located in the Downtown Urban Conservation Overlay District.

 

The Downtown Design Guidelines address Sidewalk Dining and Hospitality areas on the public right-of-way in Section 3. The goal of this section of the Guidelines is to ensure adequate space for pedestrians on the sidewalks, promote the areas as a visual amenity complimentary to and enhancing the character of the Downtown area, and to create effective, efficient and enforceable use of the sidewalk area.  The purpose of the Downtown Design Guidelines is not to create a strict architectural check list for good design, but rather to encourage rehabilitation and new construction that is compatible with the important existing character of this unique place.  It is possible to meet the intent of the Design Guidelines without meeting every individual guideline.

 

 

The sidewalk enclosure for use by Yantra Services meets all of the applicable guidelines for a sidewalk dining/hospitality area on the public right-of-way downtown except that it will not be used for a sidewalk dining/hospitality area. 2.2 of Chapter 3 of the Guidelines states that no portion of a sidewalk/hospitality area shall be used for any purpose other than dining/hospitality and circulation therein.  Because the proposed railing, area, and site plan comply with the standards and guidelines, staff is of the opinion that the only issue with the request is a use issue.  For the purpose of the historic review under the Secretary of the Interior’s Standards and the Downtown Design Guidelines, the standards of evaluation, staff is of the opinion that the use of the area is similar to the use of the sidewalk/hospitality areas and that it will not have an adverse effect on the listed properties or the Urban Conservation Overlay District. 

 

In accordance with the Secretary of the Interior’s Standards 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 has no adverse effect on the listed historic properties and meets the intent of the Downtown Design Guidelines.

 

The Historic Resources Commission will confirm the administrative approval of this project on October 16, 2014.

 

D.        Site Plan Findings

 

A site plan was submitted to allow for the use of right-of-way for an outdoor area similar to a sidewalk dining/hospitality area.

 

Prior to approval, 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 the North ˝ Lot 66, 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 technical standards of the City Code and Development Code.  The use of the sidewalk in the downtown area for uses other than sidewalk dining/hospitality areas is not identified in the Downtown Design Guidelines or Chapter 6 Article 12.  The City Code does allow for the City to enter into agreements for use of the right-of-way (16-901).  The City policies for sidewalk dining (AP 105) do not apply as the site plan does not meet the definition of a sidewalk dining/hospitality area.  Use of the sidewalk for uses other than pedestrian movement in the downtown area is not included in the Downtown Plan or the Downtown Urban Concept Plan.   

 

(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. Office uses 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 six inches of unobstructed public sidewalk area is preserved along Massachusetts Street for safe pedestrian movement to and from the subject business.

 

E.         Staff Determination

 

1.    The proposed use for an outdoor space on the public sidewalk along Massachusetts Street for an office/business does not meet the criteria defined in Article 12 of Chapter 6 of the City Code for a sidewalk dining license.   

2.    The office use proposed by the applicant is an allowed use in the CD District. 

3.    The City has the ability to enter into agreements for the use of the public right-of-way.   

4.    The application submitted by the applicant meets the technical requirements of Chapter 20 and Chapter 6 of the City Code, and the Downtown Design Guidelines as a site plan for use of the right-of-way along Massachusetts Street in the downtown area.

5.    The notes on the face of the site plan ensure that the sidewalk area will be maintained similar to sidewalk dining areas.

6.    The use of the right-of-way along Massachusetts Street in the downtown area for uses other than sidewalk dining is a policy question for the City Commission. 

 

If the City Commission approves SP-14-00379 for the use of the right-of-way for an outdoor space for an office/business use, the site plan approval should be conditioned as follows:

          1. Execution of a right-of-way agreement;

          2. Execution of a Site Plan Performance Agreement; and

          3. A revised site plan document that notes the railing will not be attached to the building.