PC Minutes 3/28/11  DRAFT

ITEM NO. 2A                        RM32 TO MU; .19 ACRES; 1340 TENNESSEE STREET (MJL)

 

Z-1-1-11: Consider a request to rezone approximately .19 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), located at 1340 Tennessee Street. Submitted by Paul Werner Architects, for Gremlin Holdings, LLC., property owner of record.

 

ITEM NO. 2B                        RM32 TO MU; .26 ACRES; 1344 TENNESSEE STREET (MJL)

 

Z-1-2-11: Consider a request to rezone approximately .26 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), including establishing a Bar or Lounge use as an automatic Special Use Permit for Bullwinkle’s, located at 1344 Tennessee Street. Submitted by Paul Werner Architects, for Lynn Investments LLC., property owner of record.

 

ITEM NO. 2C                        RM32 TO MU; .49 ACRES; 1343 TENNESSEE STREET (MJL)

 

Z-1-3-11: Consider a request to rezone approximately .49 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), located at 1343 Tennessee Street. Submitted by Paul Werner Architects, for TK Property’s LLC., property owner of record.

 

ITEM NO. 2D                        RM32 TO MU; .23 ACRES; 1403 TENNESSEE STREET (MJL)

 

Z-11-25-09: Consider a request to rezone approximately .23 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), located at 1403 Tennessee Street. Submitted by Paul Werner Architects, for DJC Holdings, LLC, property owner of record.

 

ITEM NO. 2E             RM32 TO MU; .14 ACRES; 1400 OHIO STREET (MJL)

 

Z-11-26-09: Consider a request to rezone approximately .14 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), located at 1400 Ohio Street. Submitted by Paul Werner Architects, for Wakarusa Partners, property owner of record.

 

ITEM NO. 2F             RM32 TO MU; .29 ACRES; 413 W. 14TH STREET (MJL)

 

Z-11-28-09: Consider a request to rezone approximately .29 acres from RM32 (Multi-Dwelling Residential) to MU (Mixed Use), located at 413 W. 14th Street. Submitted by Paul Werner Architects, for Douglas J. Compton, property owner of record.

 

STAFF PRESENTATION

Ms. Michelle Leininger presented Items 2A-2F together.

 

Commissioner Rasmussen asked how they could place a 50,000 square foot retail space restriction on properties that were not advertised.

 

Ms. Leininger said the restriction already exists in the published ordinance.

 

Mr. McCullough said it applied to these properties in an expansion of that particular district. He said at the time, there were properties deferred from that rezoning district and the ordinance was worded in a way that if the district expanded, than that condition expanded along with the district. He said they did have to wordsmith the conditions for these properties to meet up with the former condition. He said at the time the thought was that the condition would grow with this. He said there was the option of bringing a retail market study forward and going through the process to get the condition lifted in the future. He stated if this was approved by City Commission the entire district, including the former MU zonings, would be limited to no more than 50,000 square feet.

 

Commissioner Rasmussen was concerned about placing a condition on properties that were not part of the application.

 

Mr. McCullough said it was already there.

 

Commissioner Rasmussen said it should not say it includes the other properties. He asked how they could put a condition on all properties, including properties that were not included on the application.

 

Mr. McCullough said that was an appropriate point and that wordsmithing would likely need to be done. He said they could strike the addresses of the previously zoned properties or forward this on to City Commission with direction to work with the Legal Department to wordsmith the appropriate condition.

 

Commissioner Rasmussen asked how they could say the entire MU district unless that entire MU district was limited to just the six properties that were part of the application.

 

Mr. McCullough said it was forecasted with the previous zoning that staff would follow up with a rezoning and appropriate language that would expand the district and the restriction of the retail.

 

Commissioner Rasmussen said he was uncomfortable with it.

 

Commissioner Finkeldei agreed with Commissioner Rasmussen’s point. He suggested a condition that says the rezoning tonight would be conditioned upon the passage of a valid ordinance that the entire MU district was limited to 50,000 square feet.

 

APPLICANT PRESENTATION

Ms. Joy Rhea, Paul Werner Architects, said there were no development plans in the works now but that there was great potential for something in the future. She said the MU zoning district was great because it allowed the current density already allowed and in addition gives mixed use for the site. She said regarding the League of Women Voters letter about why not any other zoning request other than primary zone.   The density in the secondary zone is 15 dwelling units per acre, like in the RM15 District, was not feasible for the area.

 

PUBLIC HEARING

Mr. Rick Kupper said he owned property in the area and was trying to get better feel for what this would do to the area. He asked if it meant no more than 50,000 square feet of retail space. He asked if someone could give him an idea of what 50,000 square feet was.

 

Mr. McCullough said about half the size of Wal Mart at 6th and Wakarusa. He said the 50,000 square feet would likely be interspersed throughout several block ends of the district. He said the primary zone demands mixed use in the structure itself so there would be a mixed use of commercial, office, and residential in every structure.

 

Mr. Kupper asked how high the structures could be in the primary area.

 

Ms. Rhea said 48 feet high which would be 3-4 stories.

 

Mr. Kupper asked if this would increase the amount of apartment space in the area.

 

Mr. McCullough said the density would be the same. He said it was also important to note that there were no plans to redevelop for any foreseeable time so it would likely remain as is for the foreseeable future. He said if developed then all the MU standards would have to be met.

 

Mr. Kupper asked if there was a plan yet.

 

Mr. McCullough said no plan was presented to the Planning office.

 

Mr. Kupper asked if all of this would take parking into consideration.

 

Mr. McCullough said yes.

 

Commissioner Liese thanked Mr. Kupper for his questions.

 

Mr. McCullough showed the ordinance on the overhead. He said the challenge was to link the new ordinance to the existing ordinance.

 

COMMISSION DISCUSSION

Commissioner Blaser asked if they needed to make six motions.

 

Mr. McCullough said yes.

 

Commissioner Finkeldei said the language he was thinking of would condition all the rezonings upon the implementation of a restriction upon the entire MU District that the entire district shall not contain over 50.000 square feet of retail.

 

Mr. McCullough asked if Planning Commission would be willing to give staff the authority to wordsmith it.

 

Commissioner Finkeldei said yes.

 

Commissioner Harris asked staff to show on the overhead map where Bullwinkle’s was in relation to single family homes. She said that was the hanging point for her on the Special Use Permit. She was comfortable with the primary zone there but not comfortable with having a full liquor license and being allowed to operate till 2:00 am since there were single family homes right behind it. She did not feel it was compatible. She said she would be willing to have a Special Use Permit for the beer use and closing at midnight for that property.

 

Commissioner Dominguez said he lived in the area and most of the single family homes were rentals.

 

Ms. Rhea confirmed that they were all rental houses.

 

Commissioner Liese said he drove by and there wasn’t any evidence of single family homes. He said he did not know the assumption of not serving hard liquor really made that much of a difference. He said that if someone wanted to get really drunk in a cereal beverage establishment that it would be possible.

 

Commissioner Harris said she agreed and said it wasn’t the liquor as much as it was the operating time.

 

ACTION TAKEN

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve all items 2A-2F with the conditions stated in the staff report and with the rewording of retail space limit condition.

 

Commissioner Harris asked if that included the Special Use Permit.

 

Commissioner Liese said it was inclusive of the Special Use Permit.

 

Commissioner Harris said she would prefer to vote on the Special Use Permit separately.

 

Commissioner Liese amended the motion to exclude the Special Use Permit. Seconded by Commissioner Dominguez.

 

Commissioner Hird said that item 2B indicated an automatic Special Use Permit so he wondered how they could vote on it separately.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2A (Z-1-1-11) to rezone 1340 Tennessee Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following condition:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

 

          Unanimously approved 10-0. Student Commissioner Davis voted in the affirmative.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2C (Z-1-3-11) to rezone 1343 Tennessee Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following condition:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

 

          Unanimously approved 10-0. Student Commissioner Davis voted in the affirmative.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2D (Z-11-25-09) to rezone 1403 Tennessee Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following condition:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

 

          Unanimously approved 10-0. Student Commissioner Davis voted in the affirmative.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2E (Z-11-26-09) to rezone 1400 Ohio Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following condition:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

 

          Unanimously approved 10-0. Student Commissioner Davis voted in the affirmative.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2F (Z-11-28-09) to rezone 413 W. 14th Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following conditions:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

2. A 16’ wide access shall be designated where an alley is currently platted but now vacated along the south side of W. 14th St between Ohio and Tennessee Streets.

 

          Unanimously approved 10-0. Student Commissioner Davis voted in the affirmative.

 

Motioned by Commissioner Harris to approve item 2B (Z-1-2-11) to rezone 1344 Tennessee Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, including a Special Use Permit for the Bar or Lounge, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following conditions:

1. Restricted to Cereal Malt Beverage License only for purposes of limiting operating hours to midnight.

2. The entire MU District shall not contain over 50,000 square feet of retail space.

 

          Motion died due to lack of second.

 

Motioned by Commissioner Liese, seconded by Commissioner Dominguez, to approve item 2B (Z-1-2-11) to rezone 1344 Tennessee Street from RM32 (Multi-Dwelling Residential) to MU (Mixed Use) as a Primary Development Zone, including a Special Use Permit for the Bar or Lounge Use, and forwarding it to the City Commission based on the findings presented in the staff report and made with the following condition:

1. The entire MU District shall not contain over 50,000 square feet of retail space.

 

 

Commissioner Burger suggested limiting the operating time to midnight and letting Bullwinkle’s apply for any kind of liquor license they wanted.

 

Mr. McCullough said that would be possible with the Special Use Permit as part of a motion.

 

Commissioner Hird said he would vote in favor of the motion without the time restriction because it would be inconsistent and unfair since there was another bar a block away without that restriction. He felt it would create a competitive disadvantage.

 

Commissioner Dominguez agreed with Commissioner Hird.

 

Commissioner Burger asked if The Wheel was open till 2:00am.

 

Mr. McCullough said yes, The Wheel and The Hawk both have Drinking Establishment License.

 

Commissioner Liese agreed with Commissioner Hird.

 

Commissioner Harris said she disagreed because those properties more to the east were closer to single family homes and single family neighborhoods and felt the midnight was more appropriate.

 

Motion carried 8-2, with Commissioners Burger and Harris voting in opposition. Student Commissioner Davis voted in favor.