PC Minutes 7/21/14 DRAFT
ITEM NO. 2 IG TO IL; 1.88 ACRES; 720 E 9TH ST (MKM)
Z-14-00263: Consider a request to rezone approximately 1.88 acres from IG (General Industrial) District to IL (Limited Industrial) District located at 720 E 9th St. Submitted by Flint Hills Development Group on behalf of 720 LLC, property owner of record.
STAFF PRESENTATION
Ms. Mary Miller presented the item.
APPLICANT PRESENTATION
Mr. Tom Larkin, Flint Hills Development Group, agreed with the staff report.
PUBLIC HEARING
Ms. KT Walsh, East Lawrence Neighborhood Association, said the neighborhood did not want a fast food drive-thru. She also stated the neighborhood would prefer electric cords instead of generators. She also requested the hours be restricted due to residential areas nearby.
COMMISSION DISCUSSION
Commissioner Josserand asked if restaurant was a permitted use.
Mr. McCullough said yes. He said the fast order food without drive-thru was a permitted use. He said also mobile vending was permitted. He said fast order food drive-in was a different kind of use.
Commissioner Josserand asked Mr. Larkin if the ownership group was local.
Mr. Larkin said the ownership group was 100% local.
Commissioner von Achen asked about the criteria for a work/live situation.
Ms. Miller said work/live was a space within a building that consisted of a dwelling unit that was accessory to a non-residential use and had direct internal access to the non-residential use.
Commissioner von Achen inquired about the urban conservation overlay district.
Ms. Miller said there were two urban conservation overlay districts; Downtown Lawrence and 8th & Penn. She said overlay districts had guidelines for specific uses.
Commissioner von Achen inquired about food trucks.
Ms. Miller said food trucks were not being requested for this property but were requested for 804 Pennsylvania Street. She said it would be possible to site plan any property in a district that allowed fast order food to have food trucks.
Commissioner Liese asked if fast order food/drive-in was the same as fast order food/drive-thru.
Ms. Miller said yes. She said an example of a drive-in would be an A&W or Sonic and a drive-thru would a McDonalds.
Commissioner Britton said he was sensitive to the neighborhood concerns and asked if they should remove the fast food drive-in use and make it available with a Special Use Permit.
Commissioner Culver asked the applicant about his thoughts on that.
Mr. Larkin said it was pretty evident with his plan that it was the opposite direction of what he wanted. He said he had plans for food trucks but not on this property. He said he did not want to add additional road blocks to have a food truck.
Mr. McCullough said fast order food drive-in did not include food trucks.
Commissioner Liese said a Special Use Permit would just be for a drive-thru use and would not prohibit food trucks.
Mr. Larkin said he was okay with that.
Commissioner Rasmussen said he preferred a Special Use Permit rather than restricting it all together because he felt it stifled creativity.
ACTION TAKEN
Motioned by Commissioner Britton, seconded by Commissioner von Achen, to approve the rezoning request for approximately 1.88 acres at 720 E 9th Street from IG (General Industrial) District to IL (Limited Industrial) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report with the following condition to restrict uses and maintain consistency with the overall 8th and Penn Neighborhood Redevelopment Zone:
a. Payday advance or other short term loan businesses defined generally as an establishment that makes small consumer loans, usually backed by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until an applicant’s next payday, and then cashed unless the customer repays the loan to reclaim such person’s check.
b. Car title loan businesses defined generally as an establishment that makes small consumer loans that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. The loan terms are often for 30 days and failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle.
Commissioner Denney asked if a McDonalds would be permitted if it didn’t have a drive-thru.
Mr. McCullough said that was correct.
Commissioner Rasmussen asked if the Special Use Permit was only for this property, not for every IL district.
Mr. McCullough said yes, just this piece of property.
Commissioner Kelly said he would support the motion and thanked the applicant for working with the neighborhood.
Unanimously approved 10-0.