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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\ .... 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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