7.3 Outdoor Patio Conditional Use Permit
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO.
Page 1
DEVELOPMENT SERVICES
PLANNING
3
BY:
BY: Dean Andrew
ITEM: Application #CU09-4
Consider protest filed by neighboring property owners of the Planning Commission's May 5, 2009
decision to approve Application #CU09-4, filed by Earl Graybeal, requesting approval of a Conditional
Use Permit to allow an outdoor patio at a drinking establishment located within the C-4 (Central
Business) District. The property that is the subject of this application is the Rendezvous Bar located on
the west side of North Santa Fe south of Elm Street (249 N. Santa Fe) which is legally described as
Lot Fifty-Six (56) on Santa Fe Avenue, in the Original Town, (Now City) of Salina, Saline County,
Kansas.
BACKGROUND:
On June 25, 2001, the Salina City Commission passed a moratorium on new drinking establishments
in the Central Business District and the Planning Department began doing research to determine how
zoning ordinances addressed the location of drinking establishments in other cities. A Task Force of
Salina citizens was organized by Salina Downtown, Inc. to study the issue locally and make
recommendations to the Planning Commission. In addition, the Board of Directors of the Business
Improvement District did their own research with the purpose of making recommendations to the
Planning Commission. On August 21, 2001 and September 4, 2001, the Planning Commission held
public hearings on the issue of new drinking establishments in the downtown. At the August 21 st
public hearing, the Task Force made the following recommendations:
. Drinking establishments/taverns should be made conditional uses In the C-4 Central
Business District.
. Second story residences should be made conditional uses in the C-4 Central Business
District.
At the August 21 st public hearing, the BID Board of Directors made the following recommendations:
. Any business serving alcohol, including taverns, dance halls, and restaurants, should be
considered as conditional uses in the C-4 Central Business District.
. Second story residences should be left as permitted uses.
. Recommended outdoor patios should be treated as conditional uses in the C-4
Central Business District.
Based on the comments and information presented at the August 21, 2001 hearing combined with
their research, Planning staff narrowed the range of options available down to three (3) alternatives
and presented these for the Planning Commission's consideration at the September 4, 2001 public
hearing. Those three alternatives were:
1. Determine that bars and restaurants closely resemble other permitted uses in the C-4 district and
therefore should continue to be permitted in the C-4 district without any changes to the Zoning
Ordinance.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
DEVELOPMENT SERVICES
ITEM PLANNING
NO. 3 BY:
Page 2 BY: Dean Andrew
2. Determine that the C-4 district regulations should be amended to allow restaurants as a permitted
use but delete bars and taverns from the list of permitted uses and make them a conditional use in
the C-4 District. This would require a clear definitional distinction between bars and restaurants.
3. Determine that drinking establishments should be allowed in the downtown area only as a
conditional use. This amendment would specifically list drinking establishments as a conditional
use in the C-4 district and would require that any proposal to establish a business that served
alcoholic beverages for consumption on the premises in the downtown area be reviewed and
approved by the Planning Commission prior to beginning operation. Criteria for review could
include the following: distance from another drinking establishment, distance from residences,
schools and churches, square footage of proposed use, intensity of use based on definitions and
size and location of outdoor area (if applicable).
At the conclusion of the September 4, 2001 hearing, the Planning Commission approved a motion to:
. Require a Conditional Use Permit for all drinking establishments including bars, bars and grills,
taverns, private clubs and restaurants serving alcohol.
. Require a Conditional Use Permit for any request by a drinking establishment to create an
outdoor patio.
. Define second story loft apartments as permitted uses.
. Define restaurants that do not serve alcoholic beverages as permitted uses.
. Apply the above changes to property in the Central Business District, the C-4 zoning district.
The City Commission gave final approval to the Planning Commission recommendations on
September 24, 2001 and the new zoning regulations became effective on September 28, 2001.
Nature of Current Request
The Rendezvous Bar has been operating in this location for 15 years and as the Afterburner and Blue
Lounge prior to that. It is a narrow, storefront bar occupying a space approximately 23 ft. wide on a 50
ft. lot. The lots along Santa Fe were platted at a depth of 120 ft. with a 10ft. alley separating blocks
from each other. In most cases buildings in the C-4 district extend from the front to rear property line.
In the case of the building occupied by the Rendezvous Bar, there is a 27 ft. wide area between the
southern edge of the existing building and the south property line. The applicant, Earl Graybeal, who
is the owner/operator of the bar, is proposing to develop an outdoor service area in this location.
The scope of work in the plans submitted by the applicant's architect calls for construction of a new
south door leading to a 25 ft. x 36 ft. outdoor patio surrounded by 1 ft. - 6 in. high planters with a 3 ft.
- 6 in. fence on top of the landscape planters. Combined the landscape planters and solid wood
fence create a 5 ft. high screen around the patio. In addition to the planters and fence, the plans show
an 8 ft. high pergola dressing up the landscaping and fencing around the perimeter of the patio area.
The proposed patio would have space for up to 12 tables for an additional seating capacity of 48
people. An entry/exit gate is shown on both the east (Santa Fe front) side and the west (rear) side of
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO.
Page 3
the patio area.
DEVELOPMENT SERVICES
PLANNING
3
BY:
BY: Dean Andrew
The application does not indicate whether outdoor speakers are proposed in the patio.
The primary reasons that the addition of an outdoor patio to a bar was classified as a conditional use
in the downtown area is that patios can add, sometimes substantially, to the occupant load of a
drinking establishment and outdoor patios tend to project more noise onto neighboring properties than
indoor establishments. The conditional use process allows these potential spillover effects to be
addressed in the public comment and review process.
The role of the City Commission in this conditional use case hearing is to determine whether the
addition of an outdoor seating area as proposed would negatively impact the surrounding area.
Zoninq Ordinance Requirements
The City Commission must find that the proposed conditional use will comply with all applicable zoning
regulations.
The proposed patio is an outdoor area and would not be covered. Aside from the outdoor patio, there
are no proposed changes. The property will continue to meet all required bulk regulations and
performance standards in the C-4 district which allows zero setbacks and 100% lot coverage.
The C-4 district regulations list accessory outdoor patios as a conditional use provided that the
occupant load of the patio may not exceed (be larger than) the indoor seating area of the drinking
establishment. In this case the posted occupant load of the Rendezvous Bar is 82 and the proposed
seating on the patio would be 52 so it would meet that limitation.
Welfare and Convenience of the Public
The City Commission must find that the proposed conditional use, the addition of an outdoor patio, in
this location will contribute to the welfare and convenience of the public.
The applicant states that the addition of the patio is designed to add to the aesthetic quality of the
property. The patio is enclosed by landscape planters on the south, east and west, with wood fencing
being constructed on top of the landscape beds in addition to an 8 ft. pergola designed to frame and
dress up the outdoor patio.
Staff would agree that the proposed patio would add to the aesthetic appearance of the property.
However, the welfare of the public is weighed not only by the visual appearance of the property, but
also by the spillover effects the outdoor patio might have on the area. One drawback associated with
outdoor drinking areas, is the increased difficulty of managing who enters and who exits the bar,
outdoor drinking areas allow the opportunity for bar customers to pass alcohol over the fence to
outside parties. In addition outdoor patios present a greater opportunity for patrons to leave the bar
while still possessing alcohol. To evaluate the operational impacts of the patio, the City Commission
will need to analyze the applicant's plan especially on patios where patrons do not have to pass
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
DEVELOPMENT SERVICES
ITEM PLANNING
NO. 3 BY:
Page 4 BY: Dean Andrew
through the bar to enter and exit the patio and determ ine if the plan as proposed addresses those
concerns.
Iniury to Surroundinq Property / Domination of the Neiqhborhood
The Commission must find that this proposed conditional use will not cause substantial injury to the
value of other nearby property and that it will not dominate the immediate neighborhood.
The applicant believes the proposed patio addition is very similar to the patio addition that was
constructed at the Paramount Bar. He further states, the patio addition is simply an extension of the
Rendezvous Bar that has been in business for 15 years. Over this time period the bar has developed
good relations with its neighbors.
Staff would agree that the proposed patio does not appear to be so large in scale that it would
overwhelm the site or dom inate the neighborhood.
This proposed outdoor patio addition is somewhat similar to the patio constructed at the rear of the
Paramount Bar in 2006. However, the addition of outdoor patios to bars in the downtown area must
be reviewed on a case by case, location by location basis.
Public Utilities and Services
The Commission must find that approval of this Conditional Use Permit request will not create any
additional burden on public utilities or generate any additional demand for public services.
The applicant does not believe the proposed patio addition will require any new utility or drainage
infrastructure. He states that the existing infrastructure has been in place for several years and has
provided adequate service to the property.
Staff agrees that the proposed outdoor patio will not likely create any additional burden on public
services with the exception of possibly increasing police response.
Traffic Access and Parkinq
The Commission must find that adequate drives will be provided and designed so as to prevent traffic
hazards and that adequate off-street parking areas will be provided.
The applicant states that this property is part of the historic downtown and was not designed to have
off-street parking or access. He continues by stating that all access for this property will be from
Santa Fe Avenue with no off-street parking provided.
Staff would agree that in this case, the C-4 district regulations do not require this business to provide
its own off-street parking. A limited number of on-street spaces are available along Santa Fe. There
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
DEVELOPMENT SERVICES
ITEM PLANNING
NO. 3 BY:
Page 5 BY: Dean Andrew
is also a paved alley that provides access to the rear of the building. Historically, parking for the
Rendezvous Bar appears to be adequate during its main business hours.
Planninq Commission Action
The Salina City Planning Commission met on May 5, 2009 and conducted a public hearing on the
Rendezvous Bar's application (#CU09-4) for a Conditional Use Permit to allow the addition of an
outdoor patio / beer garden to their existing drinking establishment which is located within the C-4
(Central Business) District. Following presentation of the staff report, comments by the applicant's
architect and comments and questions from Commissioners, the Planning Commission voted 7-0 to
approve Rendezvous's plan for adding an outdoor service area south of the bar as submitted. In their
action approving the Conditional Use Permit, the Commission did not include any limitations on the
use of the patio of any conditions of approval. No one from the public appeared and spoke at the
hearing but staff did read a letter of opposition received from a neighboring property owner.
COMMISSION ACTION:
Sec. 42-597.2(d) of the Salina Zoning Ordinance states that any party that is dissatisfied with the
decision of the Planning Commission on a Conditional Use Permit application may appeal that
decision to the City Commission. In the case of an applicant, that involves submitting a letter
appealing a denial within 14 days after the Planning Commission's decision. In the case of the
surrounding property owners who are dissatisfied with the Planning Commission's decision, under
Sec. 42-597(e), their recourse is to file a protest petition protesting the application. This petition must
contain the signatures of the owners of at least 20% of the land within 200 ft. of the request area (in
this case Lot 56). The petition must meet all the same statutory requirements as a zoning protest
petition.
A protest petition containing the signatures of 3 property owners on Santa Fe and ih Street was
received by the City Clerk's Office on Monday, May 18. All of these property owners are in the eligible
"protest area". Staff has determined that these 3 properties comprise 44% of the eligible "protest area"
and that the petition meets all other statutory requirements and is therefore a valid protest petition.
The effect of this petition is to require that any motion to affirm the decision of the Planning
Commission and approve this permit request receive a super majority (4 affirmative votes).
Staff has identified the following alternatives for City Commission's consideration:
1. If the City Commission believes the 25 ft. x 36 ft. area next to Santa Fe is a suitable site for
an outdoor patio and that the patio plan proposed by the Rendezvous Bar would not have
any negative impact on surrounding property owners, it could approve the Conditional Use
Permit application as originally submitted. This would require 4 affirmative votes.
2. If the City Commission believes that an alternative to the bar's original patio plan such as
removal of proposed entrances would reduce the impact on surrounding properties, it could
approve this Conditional Use Permit application but require that all exterior entrances /
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
06/08/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO.
Page 6
DEVELOPMENT SERVICES
PLANNING
3
BY:
BY: Dean Andrew
exits be eliminated except for emergency access. This action would also require 4
affirmative votes.
3. If the City Commission believes that major modifications to the patio plan or location need
to be made or if the Commission is unable to muster the 4 votes needed to approve this
request it may send this item back to the Planning Commission for reconsideration. This
action would only require a majority vote. The Planning Commission would then have the
option of sending back the same recommendation or modifying their original
recom m endation.
4. The City Commission could deny the application if it believes the proposed use or
proposed plan layout would be incompatible with the surrounding neighborhood. Since this
action would overturn the Planning Commission's May 5 decision, this alternative would
require 4 affirmative votes.
Encl: Application
Vicinity Map
Patio Plans
Excerpt of PC Minutes 5/5/09
Protest Petition
cc: Earl Graybeal
Tracy Hawk
Warren Ediger
Ray Hruska
2[1[19-IJ5-[l411]:4[1
EOS
7:35-l327-76rl >>
7B5~:[I%713
PI/l
City of Salina
Development Services Planning & Community Development
300 WAsh / p, O. Box 736
Salina, 1(567402-0736
785-309-5720W
78S-309-S713F
RE: Rendezvous Bar Patio / Application #CU09-4
May 4t", 2009
Dear Dean Andrew,
Thank you for the opportunity to comment on the patio at the Rendezvous Bar at 249 North Santa Fe.
The Impromptu meeting April2Stn with John Burger, you and another associate the plans were discussed
concerning the exits to the front and back of the patio, the proposal to build on the SE corner. My
concern is why have two exits, one from the front and one on the rear of the patio? Your response was
the fire department was In the loop to determine exits one or two. Plus the existing exit In rear of
building which makes three. Generally businesses have one front entrance and one rear exit.
The other option that I believe is more conducive to the area Is to apply the Paramount Bar Patio
construction model and use the same scenario of Front entrance and Emergency fire exit at the rear of
the building. This would mean building the patio on the rear SW side corner of the lot instead of the
front SE side corner.
As you know about the Issues of patrons moving between bars and this approach would keep the alley
traffic concealment transporting alcoholic beverages down by forcing patrons to use the front entrance
to exit. At times groups have been observed outside the present rear exit, Building at the front would
provide hidden view behind the patio that could be used by patrons exiting the rear of the buildIng.
Another issue that needs to be addressed is the using the Paramount Bar emergency fire exit as an
entrance point from the atley.
My view Is that this as an alcohol containment issue caused by the No Smoking ordinance to allow
smoking in an enclosed patio. Using the above scenario by building at the rear would help resolve my
major concern.
I would agree to building on the rear of the Rendezvous Bar using the Paramount Bar scenario. but
oppose building the patio In the front. The conditional use permit should include language about the
Emergency Fire Exit door by keeping it locked unless it needs to be used In a fire event.
Regards,
~ , \ D_ _
lL'^"v( ~_A"V'.-.--r~
Ray Hruska
Electronics of Salina
235 North Santa Fe
Salina, KS 67401
785-827-7377
Please forward a Protest petition copy, Thank You
City of
!:i
Salina
Publication Date April 14, 2009 Application No. #CU09-4
Hearing Date Mav 5, 2009 Date Filed April 7, 2009
Vicinity Map Attached Yes Filing Fee $125.00
Ownership List Yes Receipt No. 106536
APPLICATION FOR CONDITIONAL USE PERMIT
1, Applicant's Name:
Earl Graybeal
2. Applicant's Address:
2218 Wesley Street, Salina, KS, 67401
3. Telephone (daytime): 785-819-4139
E-mail
4. Owner's Name
Tracy Hawk
5. Owner's Address
1000 Franklin Street, Salina, KS, 67401
6. Legal Description of affected property (attach additional sheets if necessary):
Avenue, in the Original Town, (Now City) of Salina, Saline County, Kansas.
Lot Fifty - Six (56) on Santa Fe
7, Approximate Street Address: 249 N. Santa Fe, Salina, KS, 67401
8. Present zoning:
C-4
Use: Bar
9. Proposed use of property: Outdoor patio for bar patrons
10. Are there any covenants or restrictions of record, which would prohibit the proposed development? (attach copy)
No
11. State or show compliance with any special conditions or requirements imposed on this conditional use by the
applicable district zoning regulations:
This property currently does not have any special conditions and currently meets all C-4 zoning requirements.
12. State why the proposed conditional use will not cause substantial injury to the value of neighboring property:
The patio will cover the existing dirt parking lot. This will improve the face of the property from Santa Fe Avenue.
13. Attach a site plan showing how the proposed conditional use will be designed, arranged, and operated in order to
permit the development and use of neighboring property in accordance with the applicable district Zoning Regulations.
14, Provide information in support of the standards specified in Section 42-597.2 of the Zoning Regulations on
Pa~e 2 of this application (attach additional sheets if necessary). See next page.
Applicant(s)
Signature:
q~
Date:
I hereby certify that if this conditional use permit application is approved, I will co
accordance with plans submitted and approved by the Planning Commissi nd I agre
restrictions, conditions, and requirements lawfully binding upon me i IS regard.
Date:
t-I- 7 -- () ~
PLF - 041, Application Conditional Use Permit, Rev. 10-2005
14. (Cont.) Provide a written response for all of the following requests under Item 14 of the application (attach
additional pages where necessary):
a. The proposed conditional use complies with all applicable regulations of this chapter, including lot size
requirements, bulk regulations, use limitations, and performance standards:
The proposed patio is an outdoor area and would not be covered. Aside from the outdoor patio, there are no
proposed changes. The property will continue to meet all of the required bulk regulations and performance standards.
b. The proposed conditional use at the specified location will contribute to and promote the welfare or
convenience of the public;
The addition of the patio is designed to add to the aesthetic quality of the property, The patio is enclosed
by landscape planters on the south, east and west, with wood fencing being constructed on top of the
landscape beds.
c. The proposed conditional use will not cause substantial injury to the value of other property in the
neighborhood in which it is to be located;
The proposed patio addition is very similar to the patio addition that was constructed at the Paramount Bar. The patio
addition is simply an extension of the Rendezvous Bar that has been in business for 15 years. In the 15 years of
business, the Rendezvous Bar has developed good relations with neighbors.
d. The location and size of the conditional use, the nature and intensity of the operation involved or conducted in
connection with it, and the location of the site with respect to streets giving access to it are such that the
conditional use will not dominate the immediate neighborhood or prevent development and use of neighboring
property that complies with the applicable zoning district regulations. In determining whether the proposed
conditional use will dominate the neighborhood, consideration will be given to:
(i) The location, nature and height of buildings, structures, walls and fences on the site, and
(ii) The nature and extent of landscaping and screening on the site
The proposed patio will have a fence constructed on top of landscape beds that enclose the patio area on
the south, east and west. Combined the landscape bed and the fence reach five (5) ft. in height and act as screening,
security, and a sound buffer. The landscape beds will contain landscaping to add an aesthetic quality to the patio.
e. Off-street parking and loading areas will be provided in accordance with the standards set forth in Article XI of
this chapter, and such areas will be screened from adjoining residential uses and located so as to protect such
residential uses from any injurious effect;
This property is zoned C-4 and is not required to have off-street parking.
f. Adequate utility, drainage, and other such necessary facilities have been or will be provided;
The proposed patio addition will not require any new utility or drainage infrastructure, The existing infrastructure has
been in place for several years and has provided adequate service to the property.
g. Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic
hazards and to minimize traffic congestion in public streets and alleys.
This property is part of the historic downtown area and was not designed to have off-street access. All access for this
property will be from Santa Fe Avenue.
If the applicant is to be represented by legal counselor an authorized agent, please complete the following in order that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
Name of representative: Warren Ediger
Address:
116 S. Santa Fe, Salina, KS
Zip Code:
67401
Telephone (Business):
785-823-7547
E-mail address:
PLF - 041, Application Conditional Use Permit, Rev, 10-2005
Application #CU09-4
Filed by Earl Graybeal
I I
I-- I-- I
to r--
ReQ UE st ~ rea
_Ll I I I I I / ---1
/
w ELM
u.
~
z
~
en
..
~
I
I--
It) j
~~
. ..:- . . .
.: ,.. ..'
:- .
ASH . ...
..'"
.
. . ....
D . . .
... .
~ . .11:' ~.:
,/.... .. ....
. . - E=1n
. "
......'" .-+-
.1 :;;l
I n l- .... .
I-- . ......
.
to ... ~
HI'
: U-JI=
R ~..: ( ~ rV
I~
. "~
1 Inch = 200 Feet
~
t-
X
W
"
"
~ rt
Application #CU09-4
249 N. Santa Fe
Site Plan
t- (3.L3l:l::lNO::l) >llVM DN1SIX3
x
w
~oo ~Oo ~Oo
" 000000
" ti
!i .0 ",0 0 0 0
11.... U")
ii"'~ 0 ~000 000
11 (/)0
ii g;::oOO 000
II ~z
II wO:o 0 0 0
" :!:C)
" ~go 0 0 0
" 000 000
mOnO OnO
=II 0'-/0 0'---...10
.J.
I II IIII
nT
..
t-
X
w
_0\
....
(j) :a:
(/) <e
-' ~
w
> ~ CCo
c(
c: t- CJ'"
el 0
el -' ~
Z t-
t- W Z C
C) c(
(/) z C)
x w c( Z
w u. >
o~
i= b
<ell) "ii
:-
0 W
0 -'
c(
..Jo C)
(/)
<e...
@
~~
~~
"b
"
- - - - - - - --- -~-3NIl A183dogJ-----
-0 0 o~ 0 0 0-
(3.L3l:l::lNO::l) A311V
-NVS -NVS -NVS -NVS -NVS -NVS -NVS -NVS -
---~~~~~~
Application #CU09-4
Patio Floor Plan
L L
r---.. :;:..9- ,L ..0- ,8 -, ..0- ,8 -/..0 ,l-I
~db hll Jl Jl JI II II II II II 11-11 II II II II II II.!. II K
. ,I I~~ ~~:j[ II II W 2" '~\1; - ~ ~~1IIl ~ll- "J! jL : : '!
j "~1I11 ~ ~"{/o: "," 0:"" ':i 60:' ." _ :1
"J n 00:0 '" 0 Ob?:-O '" "- b
e:! 000 000 000 " :b ~ : !~
J)=II . [m
~ II ~"Il '" Cl
L- :1:' OnO 000 O~O o:c~_i = : I, ~
' - ( 1') ( 1 (;)~ ~ I [yl 0
- Ii 0'-----/0 O~O O~O::" ~~: 1;
II r:- Ii ~~'" ~ I~ Ul
II iC ~~ = I z
II 0 0 000 _~I~~ '" I ~
II I \A.~ ~ <: '" : J 0 q
J :: r · '~ ~ 'l
:: I 0 0 0 O. 1 "'
. ~~ c: "" I ~
1 ~ "' ~ 0 0 0 cf'. ~ ~:! ~
I~ .r~ 000 000 c~~ : 1 ~
- "'rt1 ~'il;'f" => I [ .~
~ I Cl
o 5
e ~ { ~oO ~oO " ~ : [!~
'r 0 'Cb~Cko:~ I II:;' : :ll
~ 11. ,11 ~!h 11 11 11~ n/;;"iCl~h' ~-: fl
! IIJI01I~ 11n.LW ~ .~; ~~ J~JI 'illl!::, : [~
IITDX n II n l ~ " U I ~ ~ u ~T~ U f\> :
..0-,17 ..O~,ir ..0-,8' ..0-,8 '.,O-,l []
(A.:l1~3^ 0131.:1) ..0-,9l
I [
I
I
z
o
~
z
<C
..J1l)
a.
a:
o
o
..J
LLo
~~ 5 <>
~~ 5Ul~ .Yl
c.i~ !i~~ o~~ ffi
,cio t!!ij"' ~
"'~ui 13~g :ie 2-
;~~ ~~~~ ~~ui ~
~~i ~~~~. ~~I ~
~~~ ;~~~ elti 15~
....::J~m ~m~ ~~
'iI
~
~"..:.,
~e;
t!i
~
"-In
c
n
~~
~g e
~f3 ~ ~~
i~~~i ~ g~
u6@a.a ~ o~
"'zi:i"'''' ~ .,
~"'l!'~"- !;it;
~i:s'~ In ~~
~~E~~ ~ ~:
"'U5~~ ~ 8~
_J
__J
__J
_~J
__,J
__J
..J
~
w
a
z
o
i=
()
w
~"~
o
i= .
<( - ~
> ~
W "
..J "l
Wo ~
()~
Application #CU09-4
249 N. Santa Fe
Fence Elevation
~ .'.
Salina Planning Commission
May 5, 2009
Page 4 of 5
Jo Reed, President of the Christ Cathedral Montessori School board, stated that
they will have loading and unloading si~nage. She stated that the start of school
at 8:45 a.m. will be past rush hour on 9t Street.
MOTION: Mr. Kennedy stated I move we approve Application #CU09-2 with the conditions
recommended by staff.
SECOND: Mr. Mikesell.
VOTE: The motion carried 7-0.
#5. ~APPlication #CU09-4, filed by Earl Graybeal, requesting approval of a Conditional
Use Permit to allow the addition of an outdoor patio to a drinking establishment
located in the C-4 (Central Business) District. The subject property is the
Rendezvous Bar which is legally described as Lot Fifty-Six (56) on Santa Fe
Avenue in the Original Town, (Now City) of Salina, Saline County, Kansas and
addressed as 249 North Santa Fe Avenue.
Mr. Herrs presented the staff report with visual graphics which are contained in
the case file.
Mr. Andrew presented a letter from Ray Hruska who is opposed to the proposed
patio location which is contained in the case file.
Warren Ediger, 116 S. Santa Fe, the applicant's architect clarified that the
occupant load is 48 people and the Fire Department would actually allow them to
have no exits from the patio. The two exits were designed as a matter of
convenience.
MOTION: Mr. Mikesell stated I move that we approve Application #CU09-4 to allow the
Rendezvous Bar to add an outdoor patio as presented.
SECOND: Mr. Schneider.
VOTE: The motion carried 7-0.
#6. Other Matters.
Mr. Andrew reminded the Commission of the Special Meeting on Wednesday
May 13.
The meeting adjourned at 5:58 P.M.
PROTEST
PETITION
* PETITION NUMBER LJ.313
*
*
*
City Clerk's Office
Filed
*
*
'OSHA'? 181"112:36
*
CITY OF SALINA, KANSAS
*
*
*
*
*
*
PROTEST PETITION
*
*
*
***********.*..*.*.**************..
SECTION I.
The undersigned, owner(s) of the real estate located within 200 feet of property proposed to be
Rezoned, protest the proposed change of zoning described in Zonine ADDlication CU09-4 zone change
from Standard Zonine to Conditional Dermit to construct an outside Datio at 249 North Santa Fe Ave.
SEcrlON II. Protestor(s)
Signatu re(s)
Property Owned
Metes and Bounds description
Or
Lot(s) Block(s) Addition
Hruska, Raymond Lee & Mary Jane
Lot 62 on Santa Fe Ave ofthe original Town of Salina
Saline County Kansas
Q~'~~
Raymond Lee Hruska
---'tlL~ ~.., il"~
Mary Jane Hr s I
Hruska, Raymond
~~~
Raymona Hruska
Lot 60 on Santa Fe Ave of the original Town of Salina
Saline County Kansas
ACKNOWLEDGEMENT
STATE OF KANSAS )
) SS
COUNTY OF SALINE)
The foregoing instrument was acknowledged before me this ,-V-- day of
~
.2009
.OTARV PUBLIC - S~le 01 r;;;;;s '
ROBERT rJl. WASKO
My Appt Exp.
By
~~
Notary Public
My Commission expires:
fl.-A- ~ ~
* PETITION NUMBER
*
*
*
*
*
*
CllY OF SALINA, KANSAS
*
*
*
*
*
*
PROTEST PETITION
*
*
*
***********************************
SECTION I.
The undersigned, owner(s) of the real estate located within 200 feet of property proposed to be
Rezoned, protest the proposed change of zoning described in Zonin~ ADDlication CU09-4 zone change
,from Standard Zonin~ to Conditional Dermit to construct an outside Datio at 249 North Santa Fe Ave.
SECTION II. protestor(s)
Signature(s)
Property Owned
Metes and Bounds description
Or
Lot(s) Block(s) Addition
Collier, Dennis D.
Lots 61,63 and the North 5 feet of Lot 65 on
Seventh Sreet of the Original Town of Salina,
Saline County Kansas
ACKNOWLEDGEMENT
STATE OF KANSAS )
) SS
COUNlY OF SALINE)
The foregoing instrument was acknowledged before me this ~day of ,~Y" rl ,2009
By
1I1.)~ 0h-AL,l/-t
~UbhC
My Commission expires:
* PETITION NUMBER
*
*
*
*
*
*
CITY OF SALINA, KANSAS
*
*
*
*
*
*
PROTEST PETITION
*
*
*
........................***........
SECTION I.
The undersigned, owner(s) of the real estate located within 200 feet of property proposed to be
Rezoned, protest the proposed change of zoning described in Zonl",~ Application CU09-4 zone change
from Standard Zon!nll to Conditional permit to construct an outside patio at 249 North Santa Fe Ave.
SECTION II. Protestor(s)
Signature(s)
Property Owned
Metes and Bounds description
Or
Lot(s) Block(s) Addition
Lee Development, LLC
The North 2S feet on Lot S8 Santa Fe Avenue
of the Original Town of Salina, Saline County, Kansas
The South 2S feet on Lot 58 Santa Fe Avenue
of the Original Town of Salina, Saline County, Kansas
Lots 49 through 56 and the North 30 feet of Lots 57
and 58 on Santa Fe Avenue of the Original Town of
of Salina, Saline County, Kansas
~~~
I e ornsta
ACKNOWLEDGEMENT
STATE OF KANSAS )
) SS
COUNTY OF SALINE)
The foregoing instrument was acknowledged before me this ~day of
AC\.v
!
.2009
By
<f'v:t: c), U-- j
Notary P lie
My Commission expires: j cf 24/:).00'1
Redezvous Bar
PetitiortNumber:4313 Prote~tApplication Number: CU09-4
Filed By;',.. ...... Raymond.Hruska
T.. o.....'..t......a...... 1.'.....!.1i...'........'...f...........~.a.;:................1.'. '...n...........B.......l,I...n.............e........ r:
[~ss>,~ij~~~~$t:~rea
L~.s~.Rig,Hl~f~Way;
T~i.r.,<~~~l~~i~~~!~;
~:~(Q '. '. "Of:'~~~~,~~~:;,.~..
N
e'
. .
W E
. .
s
Petition Area
I
l-
t-
W
LL
~
z
<l:
(f)
ELM
I
l-
ll)
_ Did Not Sign Petition
_ Signed Petition
_ Request Area
.'
City of Salina
Development Services Planning & Community Development
300 W Ash I P. O. Box 736
Salina, KS 67402-0736
785-309-5720W
785-309-5713F
RE: Rendezvous Bar Patio I Application #CU09-4 Appeal
June 5th, 2009
Dear Dean Andrew,
The planning commission placed no conditions on the Rendezvous Bar patio application and
looked at it as a management issue. The patio construction is related to the same alcohol
problems from the past) plus the area development issues.
The Rendezvous has the right and/or choice to build a patio, which there is no objection. The
purpose of this hearing for a zoning change exception is compatibility and cooperation with
existing property owners.
Issues to Address:
1. Objection to placing a wood cedar fence on downtown store frontage property line.
a.There are no examples of this precedence anywhere on downtown main street.
(Note enclosed Letter of 200 1 about fence issue)
b.The front should be a facade similar to the existing front of Rendezvous not a fence.
2. Change placement of patio to the rear comer of Rendezvous building.
a. This approach would solve the fence issue in front.
b. The business would still have access to the outside cooler and trash area from the
original rear exit. This would allow existing delivery of beer to tavern from the rear
of the building.
c. The set back from the front would provide parking an/or access pickup/delivery
or could be landscaped.
d. I agree with Warren Ediger applicants architect that the occupant load would
allow them to have no exits from the patio. If there are no exits from the patio it
would encourage containment of the premises. No exits would moot item 3.(a)lb)
3. Place Conditional Use restriction on the rear exit from patio.
a. Having two rear exits, the existing entry/exit and a panic gate egress at the
patio rear would provide containment and management.
b. Place a panic gate at the rear and gate locked for egress only.
4. The Smoking Ordinance contradiction of being able to smoke in a patio at all is
debatable because the patio is connected to the building the entire area should be
non-smoking. The same case as with the Paramount Bar, Speakeasy and other
l'
bars that have enclosed patios. The fact is that because of the new No Smoking
Ordinance the Rendezvous Bar would not even be considering construction of a patio.
Prudently any action on this application by this governing body should be delayed
until. a determination the patio is included as a public place and therefore a
non-smoking area.
5. Development issues in the area surrounding the Lee Building, and other property
would benefit with a compatible facade or setback and not a cedar fence facing
on the front property line next to the sidewalk. Item 2.(a),(b),(c),(d) conditions
would be acceptable to the concerned property owners Dennis Collier, Mike Forristal,
Ray Hruska, and Mike. Gibbs (Airgas Leasee).
Dennis Collier:
Mike Forristal:
Ray Hruska:
)
-
. Commission Action:
Scope of options expansion by the Commission to include the following:
5. Allow applicant to build patio using the same general plan drawings and place patio on rear
comer of the building with no exits.
6. Due to the unforeseen consequences and events caused by the No Smoking Ordinance any
action on this application by the governing body be tabled and delayed until a determination the
patio conditional use is included as a public place and therefore a non-smoking area.
Submitted by,
Ray Hruska
Electronics of Salina
235 North Santa Fe
Salina, KS 67401
~~oIcfalwv
Box 2565 .. 235 North Santa Fe
Salina, Kansas 67041
785-827-7377 Voice 785-827-7611 Fax
emaiJ: eossln@atlgloba/.net
Friday, August 10, 2001
Task Force Members:
Re: Zoning issues Item 4, Patios
I favor rescinding City ordinance 42-306(2) under use limitation allowing patios in C4, by
deleting the wording Dexcept food and beverage service on an outdoor patio not exceeding the
size of occupant load of the indoor serving spaceD. The ordinance was changed in 1995 by the
Afterburner Bar (now the Rendevous). after which a building permit was issued. The construction
was not started or completed, therefore the zoning ordinance to allow patios was not completed
and not necessary.
Allowing fencing on main street and outdoor activity is not desirable because of the impact on the
area.
I submit that the ordinance change was not necessary and be rescinded to the original previous
wording that does not allow patios.
Sincerely,
/-... I
f ) , \ j
\~ -~-'C.L-V~: t\}'l-Vl<}.'~'.!.i---
I
Ray Hruska, Electronics of Salina