PC Minutes 3/22/10 DRAFT
ITEM NO. 7 AMENDMENTS TO DEVELOPMENT CODE; IL DISTRICT (MJL)
TA-1-2-10: Consider a Text Amendment to Sections 20-403, 20-601(b) and 20-601(b)(1), to permit Hotel/Motel/Extended Stay Use as an allowed use in IL Zoning. Initiated by City Commission on 2/2/10.
STAFF PRESENTATION
Ms. Michelle Leininger presented the item.
Commissioner Rasmussen inquired about lower height limitation in IL districts.
Ms. Leininger said staff was responding to what the applicant requested but that staff could look at making it taller. Staff was going with the idea of it being a transitional district and at a minimum it would match the high density residential districts height maximum.
Commissioner Harris inquired as to if the Farmland site was zoned IG.
Mr. McCullough said Farmland is not zoned yet but that East Hills Business Park is zoned IG.
Commissioner Chaney asked if the term Extended Stay could include a temporary shelter.
Ms. Leininger said that Temporary Shelters are their own use category.
APPLICANT PRESENTATION
Mr. Paul Werner, Paul Werner Architects, said they have a potential hotel user. He agreed with the first two conditions. He said he struggled with footnotes 14 and 15 regarding setbacks being recommended for denial.
Mr. McCullough said the footnotes were derived from an issue that when several M districts were folded into the IG District, it left a lot of developments with a closer setback than the new code so structures could not be expanded. The fix to that issue were the footnotes for the IG properties zoned that were previously zoned M2 District. Any new IG zoning has to comply with the table of 50’ setbacks so it was only meant for those parcels that were zoned M2 and already developed and any other issues could be brought to the BZA for a variance.
Mr. Werner said hardships through the Board of Zoning Appeals are hard to prove. He said the footnote would only apply to this piece of property. He did not see the harm in taking the setback from 50’ to 25’.
Commissioner Harris asked why the applicant was going with this zoning and not a zoning that would allow the use.
Mr. Werner said the options are CS which they and staff discussed but since it’s caddy-corner to the Holiday Inn Holidome, there is a specific provision in the code that in theory discourages CS. He said it was turned down for rezoning years ago because everyone was afraid a convenience store would be built there.
Mr. McCullough said looking globally across the city staff had discussions about if the hotel use would be appropriate in the IBP District. Staff found it appropriate for the IBP and IL district, not the IG district.
Commissioner Hird asked why not in the IG district.
Mr. McCullough said the compatibility of uses. That is a heavier use that allows dirtier industry.
Commissioner Rasmussen said he thought the Industrial Design Guidelines tries to encourage bicycling, walking, and beautiful streets so why would a motel/hotel not be allowed.
Mr. McCullough said staff are encouraging that context specific to the use that they are proposing, mainly for not just any pedestrian or bicyclist, but employees or visitors to the site. He said they could discuss the appropriateness of IG.
PUBLIC HEARING
No public comment.
COMMISSION DISCUSSION
Commissioner Finkeldei asked if IL or IBP were more like an office park.
Mr. McCullough said that all the industrial districts allow administrative and professional offices with some use standards. IG does not allow financial insurance and real estate offices. The greatest difference comes between IG and IL with fast order food, several retail uses, and heavy industrial uses are allowed in IG but not IL or IBP.
Commissioner Finkeldei said if Farmland and East Hills developed out with a whole bunch of offices he could see someone wanting to put a hotel there for the people coming in from out of town.
Mr. McCullough said they could request rezoning. Staff struggles when looking at these uses about whether the industrial zones are being watered down out of industrial.
Commissioner Finkeldei inquired about the setback issue.
Mr. McCullough said if it were developed under IG it would have 25’ and 20’ setbacks because of the decision to honor the previous setbacks of the M-2 District.
Mr. Werner said the only other property it would impact would be another IG zoned property rezoned to IL.
Mr. McCullough looked at a map of M-2 and M-3 zoning and said it looked like there was no IL zoning today that would be affected by those footnotes. By rezoning this and creating an IL district where M-2 once existed would likely be the only property affected with the footnote.
Commissioner Harris said what was the harm in having every property that was zoned M-2 have 25’ setback like it had before no matter what it’s rezoned.
Mr. McCullough said the harm is when the Development Code is changed and then new development will be expected to meet those codes. There were no IL Districts at the time that were M-2 because they all folded into IG.
Commissioner Rasmussen inquired about height restriction. He said in his mind the progress from IBP to IL to IG got more intensive in use so he was curious why there would be such a low height restriction in IL and should they take this opportunity to make it equivalent to IBP.
Mr. McCullough said he cannot speak to why it’s 35’ today. He said it was worth exploring. The development in IBP District has been more of a campus type office development so multi-story, versus manufacturing warehousing which typically have a lower height structure. On the surface it demands a higher height than 35’.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Hird, to approve the following portions of Text Amendment TA-1-2-10 to amend the Land Development Code and forward to the City Commission:
Commissioner Rasmussen asked if they vote for this tonight could there potentially be an application for hotel/motel/extended stay facility in the area of Bob Billings and Wakarusa.
Mr. McCullough said yes, it would be a permitted use by right so it would be an administrative site plan.
Commissioner Hird thought it would be an acceptable use in that area.
Commissioner Harris said she would vote in favor of the motion. She expressed concern about multiple hotels and motels which would erode the ability to have industries in those areas. She did not think it would be a good amenity for the community to have it become a district like that. She did however think it was a good use of the property.
Unanimously approved 8-0.