Memorandum

City of Lawrence

Planning and Development Services Department

 

TO:

David L. Corliss, City Manager

 

FROM:

Planning Staff

 

CC:

Diane Stoddard, Assistant City Manager

Cynthia Wagner, Assistant City Manager

Jonathan Douglass, City Clerk

 

DATE:

January 29, 2013

 

RE:

Sidewalk Dining – Umbrellas in pedestrian pathway

 

 

Agenda item:   Adopt Ordinance No. 8831, amending Chapter 6, Article 12 of the City Code to revise the standards related to sidewalk dining to address umbrella height, railing materials, and amplified music and sound within sidewalk dining areas.

 

Discussion

On November 27, 2012, the City Commission directed staff to prepare amendments to Chapter 6, Article 12 of the City Code as follows.

 

  1. Adopt a standard that any and all umbrellas maintain a height of 80 inches from the sidewalk to their lowest open height.
  2. Revise the standard related to railings and barriers to permit ornamental metal, wrought iron, or other compatible materials that reflect the character of the area.
  3. Adopt a standard that reflects the city’s existing noise ordinance.

 

The amendments have been prepared, reviewed by the City Attorney’s Office for compliance with the city’s noise ordinance and otherwise implement the City Commission’s direction.

 

One process revision that warrants mention is contained in Section 6-1206, regarding adjacent property owner and tenant signatures of approval for new licenses. Currently, if the signatures are not submitted with the application, a public hearing is scheduled regarding the license. Under the new procedures, the license would be denied and the applicant would have to request a public hearing to appeal the denial to the City Commission. This change is intended to do more to encourage new applicants to contact the neighbors for signatures rather than simply turning in the application without signatures and leaving the city to contact the neighbors to notify them of the public hearing. The city would still, of course, notify the neighbors if a public hearing has to be scheduled, but this changes places a little more burden on the applicant to proactively interact with the neighbors.

 

Action Requested

Adopt Ordinance No. 8831, amending Chapter 6, Article 12 of the City Code to revise the standards related to sidewalk dining to address umbrella height, railing materials, and amplified music and sound within sidewalk dining areas, if appropriate.