SITE PLAN REVIEW

CITY COMMISSION

May 5, 2006

 

A.                 SUMMARY

 

SP-03-20-06: Ole’ Tapas, a site plan for sidewalk dining located at 1008 Massachusetts Street. Submitted by Mekedem Belete and GLPM Architects for Jeff Shmalberg, property owner of record.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:

C-3 (Central Commercial District); Ole’ Tapas restaurant.

 

Surrounding Zoning and Land Use:

C-3 (Central Commercial District) to the north, south, east, and west; commercial and office uses.

 

Site Summary:

Gross Site Area:

14,625 Sq. Ft.

Existing Building Coverage:

14,013 Gross Sq. Ft./ 11,700 Net Sq. Ft.

Proposed Sidewalk Dining Area:

198 Sq. Ft.

Off-Street Parking Required:

N/A

 

Staff Recommendation: Staff recommends approval of SP-03-20-06: Ole’ Tapas, a site plan for sidewalk dining located at 1008 Massachusetts Street, subject to the following conditions:

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

a. The proposed railing not be attached to the building;

b. The composition of the railing shall be wrought iron;

c.  The height of the railing shall not be higher than thirty-six inches (36");

d.   The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky;

e.   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;

f.   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 guarantee the City Commission will approve the associated site plan or sidewalk dining license.  

2.                  Revision of the site plan to include notation of Historic Resources Commission case no. DR-03-34-06 and the associated HRC approval date.

3.                  Provision of a Site Plan Performance Agreement.

4.                  Provision of An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements.

5.                  Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202.

6.                  Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.

7.                  Provision of an ordinance allowing alcohol sales for the sidewalk dining area.

 

C.        STAFF REVIEW

1008 Massachusetts Street is zoned C-3 (Central Commercial) District and is located south of 10th Street and east of Massachusetts Street. The Ole’ Tapas restaurant currently occupies the subject property. The applicant proposes to construct a sidewalk dining area on the west elevation of the building. The proposed outdoor seating area will include five tables, with seating available for 18 people. The area will extend 5’10” from the structure into the public right-of-way and run 26’3” from the southwest corner of the building. The applicant is also proposing an additional dining area extending 5’10” from the structure into the public right-of-way and running 3’ from the northwest corner of the building. The area will be delineated by a wrought iron railing system that is no more than 36” tall.

 

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.” The outdoor seating area will project approximately 5’10” into the existing sidewalk, which will result in approximately six feet of unobstructed sidewalk. Therefore, this request meets City Code requirements for maintaining a minimum of six feet of unobstructed sidewalk.

 

Historic Resources Commission

The structure located at 1008 Massachusetts Street is located in Lawrence’s Downtown Historic District, National Register of Historic Places. It is also located within the environs of three properties on the National Register and one property on the State Register. Therefore, during its April 20, 2006 meeting, the Historic Resources Commission confirmed staff’s recommendation of approval for this application, with the following conditions:

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

a.      The proposed railing not be attached to the building;

b.      The composition of the railing shall be wrought iron;

c.      The height of the railing, shall not be higher than thirty-six inches (36");

d.      The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky;

e.      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;

f.       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 guarantee 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 subject property is zoned C-3 (Central Commercial) District. This district is designed to be the central business district or the downtown shopping and employment center for the community and surrounding trade area. Restaurants are permitted in the C-3 (Central Commercial) District.

 

(b)      That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;

 

No off-street parking is required or proposed with this project due to its location in the C-3 (Central Commercial) District, but several on-street parking spaces abut the site along Massachusetts Street. An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements is required as a condition of approval.

 

(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;

 

Massachusetts Street is considered a collector within the vicinity of the project. No changes are proposed that would affect vehicular ingress and egress. With the addition of the outdoor seating area, approximately six feet of unobstructed sidewalk area will be available for pedestrian activity in front of the subject property.

 

(d)      That the site plan provides for the safe movement of pedestrians within the site;

 

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

 

(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;

 

No additional landscaping is proposed with this site plan. However, street trees exist within the public right-of-way along Massachusetts Street.

 

(f)       That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

 

The site will continue to receive sanitation service via an existing dumpster off the adjacent alleyway.

 

(g)      That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.

 

The applicant proposes to modify a 198-gross square foot area in front of the subject business to allow sidewalk dining. No additional changes are proposed at this time.

 

E.         CONCLUSION

The proposed request is consistent with the Downtown Design Guidelines, as well as the zoning district and setback requirements. Therefore, staff recommends approval of site plan SP-03-20-06: Ole’ Tapas, a site plan for sidewalk dining located at 1008 Massachusetts Street, subject to the following conditions:

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

a.      The proposed railing not be attached to the building;

b.      The composition of the railing shall be wrought iron;

c.      The height of the railing, shall not be higher than thirty-six inches (36");

d.      The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky;

e.      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;

f.       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 guarantee the City Commission will approve the associated site plan or sidewalk dining license.  

2.                        Revision of the site plan to include notation of Historic Resources Commission case no. DR-03-34-06 and the associated HRC approval date.

3.                        Provision of a Site Plan Performance Agreement.

4.                        Provision of An Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements.

5.          Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202.

6.          Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.

7.          Provision of an ordinance allowing alcohol sales for the sidewalk dining area.