Loading...
7.1 Teen Centers in C-4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 2/05/01 TIME 4:00 P.M. 1 ORIGINATING DEPARTMENT: PLANNING & DEVELOPMENT DEAN ANDREW BY: :D A APPROVED FOR AGENDA: AGENDA SECTION: NO. 7 ITEM NO. BY: ?:!TJ/tfr ( Item: Request to amend the Salina City Zoning Ordinance Section 42-303 to add teen centers as a permitted use in the C-4 (Central Business) District. Backaround: The Walker Family is proposing to convert the former Harding Glass building at 127 N. 7th Street into a teen center. Preliminary plans call for this facility to have a dance floor, snack bar, gymnasium, video game arcade area and meeting rooms and offices. Teen centers are not specifically listed as either a permitted or conditional use in the C-4 district regulations, nor is there any existing permitted or conditional use in the C-4 list that closely matches this type of facility and those activities. The most similar permitted uses in the C-4 district are bars and restaurants, fraternal and service clubs, physical fitness centers and YMCA and YWCA facilities. The most similar use that is classified as a conditional use in the C-4 district is an amusement arcade. In 1998 the Planning Commission considered and approved a Conditional Use Permit application to open an indoor paintball facility on 4th Street. Paintball facilities were not listed anywhere in the C-4 district regulations but staff determined that the proposed business most closely resembled an amusement arcade and should therefore be classified as a conditional use in the downtown business area. Just last year staff issued an opinion in writing stating that a proposed teen center in the downtown area on N. 5th Street would be classified as a conditional use under the C-4 district regulations based on staffs interpretation of the ordinance. The Downtown Business Improvement District Board of Directors met and discussed this issue on Tuesday January 9. A letter summarizing their position on this proposed text amendment is attached. Nature of Reauest Because this proposed use is not addressed anywhere within Salina's Zoning Ordinance, both staff and the applicant are seeking the City Commission's guidance as to how this matter should be handled. The applicant would like to move ahead with their plans to convert the old Harding Glass building to a teen center and therefore this application for a text amendment has been filed by staff for the City Commission's review and recommendation as to whether teen centers should be specifically listed as a permitted or conditional use in the C-4 (Central Business) District or even allowed in the downtown area at all Staff would note that one characteristic teen centers have that may distinguish them from other C-4 uses is that they tend to have peak hours with a high level of activity and parking demand and are inactive at other times. Plannina Commission Recommendation The Planning Commission conducted a public hearing on this proposed text amendment on January 16, 2001. The Planning Commission concurred with the BID Board of Directors and voted 7-0 to recommend that teen centers be added as a conditional use in the C-4 (Central Business) District. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 2/05/01 TIME 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: PLANNING & DEVELOPMENT DEAN ANDREW APPROVED FOR AGENDA: ITEM NO. P;:!np. ? BY: BY: City Commission Action If the City Commission concurs with the recommendation of the Planning Commission the attached Zoning Ordinance amendment should be approved on first reading. Second reading would be scheduled for February 12,2001. If the City Commission does not agree with the recommendation of the Planning Commission it may overturn the recommendation of the Planning Commission provided there are four (4) votes in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis of its disagreement with the recommendation. If the City Commission does not agree that teen centers should be a conditional use the City Commission could determine that the C-4 district regulations should be amended to allow teen centers as permitted use. This amendment would allow teen centers as of right anywhere within the C-4 district. In the alternative, the City Commission could determine that teen centers should not be allowed at all in the C-4 district and that the Zoning Ordinance should not be amended to permit them either as a permitted or conditional use. Encl: Application Letter from BID Executive Director Excerpt of PC Minutes 1/16/01 Ord. No. 01 - 10021 cc: Jim Maes/Brance Crawford Melinda Lingle, Salina Downtown, Inc. P.C. Meeting Date January 16, 2000 Reviewed By DA Application No. #200-12 Fi4ing Fee N/A Receipt No. Data Filed December 15, 2000 APPLICATION FOR N4ENDMENT TO THE ZONING TEXT SALINA CITY PLANNING COW~ISSION The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for Amendment of Division 14 of Article IV District Regulations by amending Section 42-302 to add teen centers as a permitted use in the C-4 (Central Business) District. Applicant's Name '(Print) Salina Citv Planning Commission Address 300 W. Ash (Phone) 826-7260 Signature c:t)~ .C4~",.r- Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the additional sheets. If the applicant(s) is to be represented by legal counselor an authorized agent, please complete the following in order that correspondence and communications per- taining to this application may be forNarded to the authorized individual. Name of Representative Address Telephone (Business) Brance Crawford 500 Graves Blvd. R?'i-77?1 Discover downtown Salina a proud history....a promising future Inc. Downtown revitalization in association with the Kansas Main Street Program January 12,2001 Mr. Dean Andrew Director of Planning City of Salina Post Office Box 736 Salina, Kansas 67402 Dear Dean: I am writing to you in response to your letter regarding the teen center that is being proposed for development in the former Harding Glass building located at 129 N. Seventh Street. Per your request, the Business Improvement District (BID) board of directors discussed the project at their January meeting. It was the unanimous consensus of the board that the proposed teen center will be a tremendous asset to downtown Salina, and should be approved by the Planning Commission under the provision for conditional uses. If you have any further questions or require additional information, please feel free to contact me. I am planning to attend the meeting scheduled for Tuesday, January 16th, and would certainly be willing to speak on behalf of the BID board of directors at that time. Sincerely, .~~~~4 Melinda Haggerty Lingle Executive Director 114-A South Seventh Post Office Box 1065 FAX (785) 825-7216 Salina, Kansas 67402-1065 (785) 825-0535 salinadowntown.com Jim Ravenkamp - President, Wayne DeBey - Vice President, Louise Appleby - Secretary, Steve Michel - Treasurer Andy Anderson, Tom Bell, Liz Carroll, Harold Cooley, La VelIe Frick, Jerry Hinrikus, Bernard Jilka, Jim Loader, Ken Wasserman, Kristin Seaton - Ex Officio, Melinda Lingle - Executive Director MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM JANUARY 16, 20014:00 P.M. MEMBERS PRESENT: Hass, Hedges, Hertzenberg, McDowell, T and Salmon MEMBERS ABSENT: Morse #1. The minutes of the regular meeting 0 anuary 2, 2001 were approved as presented. Mr. Thompson stated now I would like to g the permission of the Commission to move Item #2 down below Item #4 J because I think that we can expedite things a little faster and in order to that we need a motion. MOTION: Mr. Hertzenberg moved that the Agenda be amended to move I below Item #4. SECOND: Mr. Salmon seconded the motion. VOTE: Motion carried 7-0. #3. Application #ZOO-12, filed by the Salina City Planning Commission, requesting amendment of Salina City Zoning Ordinance Article VI District Regulations by amending Sections 42-302 to add teen centers as a permitted use in the C-4 (Central Business) District. Mr. Andrew gave the staff report that was sent to the Planning Commission. Mr. Thompson asked are there any questions of staff? Hearing none we will hear from Melinda Lingle. Melinda Lingle, Salina Downtown, Inc. 114A S. 7th, as Mr. Andrew stated and as my letter also reflects, the BID Board of Directors has given their unanimous consensus that this is a great project for downtown and that they would support alternative number 3, making teen centers a conditional use based on a case-by-case evaluation in terms of location. Mr. Thompson asked why would you want it to be a conditional use? For example, would you also agree to number two? Ms Lingle stated the discussion that the Board had at our meeting last week specifically addressed number three. I believe that it was so there wouldn't be a lot of these types of things just springing up everywhere, we wanted to determine that it was going to be a viable business and that it would be something that would be an asset to downtown. Salina Planning Commission January 16, 2001 Page 2 Mr. Thompson asked are there any further questions? Hearing none is there anyone from the community that would care to address the Commission on this issue? Hearing none we will bring it back to the Commission for action. MOTION: Mr. Salmon moved to approve Application #ZOO-12 under option 3 to add teen centers as a conditional use in the C-4 District. SECOND: Mr. Hass seconded the motion. Mr. Hedges asked you aren't recommending any change to the text amendment, just approval? Mr. Andrew stated what that would mean is that this would move forward to the City Commission as an amendment to add that to the C-4 list of conditional uses, is what would occur based on Mr. Salmon's motion. I have also pointed out to you that as a precaution, the applicants have already filed a Conditional Use Permit application that would, if this motion is approved, would come to you at your next meeting. Mr. Salmon stated I might explain on my motion that I can see where there might need to be some control over where that type of use is located so that it wouldn't conflict with some other business and that is why I am going with a conditional use. Mr. McDowell asked Dean will you provide some sort of fuller definition when you go to the City Commission for the amendment? Mr. Andrew stated I think we will try to incorporate the one that I put in the report as that is the best that we could do but it is probably not broad enough to include everything. Mr. McDowell asked but there will be a definition? Mr. Andrew stated yes, if we are going to add it as a use, we have to be able to tell people what it is and what it isn't. Mr. McDowell stated then I would support the motion. Mr. Thompson stated my own preference would be for number two but I certainly don't have a problem with number three, I just think that it need not be a conditional use but I don't have an problem with it I guess. VOTE: Motion carried 7-0. #4. Application #ZOO-13, filed by Wiley Watson, requesting a change in zoning district classification from C-5 (Service Commercial) to R-2 (Multi-F Residential) on property legally described as the East 80 ft. of ,lock 1, of the EMI Addition (aka 901 N. 7th Street). Mr. Andrew gave the staff report that Commission. r. Andrew stated he said that ew who the owners were and that he would attempt to get them to join in 15 e application that was filed was just for this lot. They were notified of this r st but they may own the property outright or they may not have any motiv ome in and join in this application. There is a possibility as well t he Planning