CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT JUNE 19, 2018 AGENDA. Subject: Type: Submitted By: Resolution #R (Public Hearing)

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1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT JUNE 19, 2018 AGENDA Subject: Type: Submitted By: A request for a Special Use Permit to allow Automotive Rental and Sales as an accessory use on the property legally described as Lots 19 & 20, Sarpy 84 Commercial Park, generally located at 1214 N Monroe St. The applicants are Julie Maben-Diril and John T. Isbilir. (Karen s Fireside & JT Motor Sales) Resolution #R (Public Hearing) Mark A. Stursma, AICP Planning Director SYNOPSIS This is a request for a Special Use Permit to allow Automotive Rental and Sales as a permitted use at 1214 N Monroe Street. The applicant is proposing to sell vehicles as an accessory use to the current Commercial Recreation (Controlled Impact) use. The typical operating hours of the Automotive Rental and Sales use type (JT Motor Sales) would be Monday through Saturday from 10:00 A.M. to 6:00 P.M. Karen s Fireside holds the majority of its functions on Friday and Saturday evenings. The site plan identifies 102 parking stalls located fully within the property boundary. The existing and proposed use requires a total of 88 stalls, of which five (5) must be van accessible ADA stalls. Currently, nine (9) parking stalls span into the public right-of-way. Parking stalls are not permitted to be striped extending into or fully within the N Monroe Street right-of-way without formal authorization from the City via an agreement. In addition, the applicant disclosed to staff that the parking lot has an open curb along N. Monroe Street which entices larger commercial trucks needing to turn around to access E. Cary Street. Staff recommends that the Special Use Permit not be subject to a renewal period. Rather, it should be limited to the applicant. Given the adjoining civic uses and nearby residential uses, staff does not support making the Special Use Permit transferrable. A future owner may have an operation plan that is larger in scope than the current applicant, which could have a more significant impact on surrounding properties. FISCAL IMPACT N/A RECOMMENDATION Approval, contingent upon: The hours of operation for the sale of vehicles shall be limited so that the two uses are not operating at the same time; The applicant shall be limited to displaying not more than 20 vehicles for sale; The applicant shall restripe the parking lot to provide for a minimum of five (5) ADA accessible parking stalls; The applicant shall remove the parking stalls in the City right-of-way; The applicant shall restripe/paint the parking lot and install planters or other City approved material to discourage external traffic through the lot; The Special Use Permit shall not be subject to a renewal period; and The Special Use Permit shall be limited to JT Motor Sales. It shall not automatically transfer to any future owner or lessee of the property.

2 On 05/30/2018, the Planning Commission voted unanimously to recommend approval of the Special Use Permit for Karen s Fireside & JT Motor Sales. BACKGROUND Sarpy 84 Commercial Park was platted in The building on Lots 19 & 20, Sarpy 84 Commercial Park was constructed in The applicant participated in a pre-application with staff. ATTACHMENTS: RES. #R /30/18 Planning Commission Staff Report 05/30/18 Planning Commission minutes

3 RESOLUTION NO. R BE IT RESOLVED by the Mayor and City Council of the City of Papillion that the Special Use Permit to allow Automotive Rental and Sales as an accessory use on the property legally described as Lots 19 & 20, Sarpy 84 Commercial Park, generally located at 1214 N Monroe Street, is hereby approved, contingent upon the following conditions: The hours of operation for the sale of vehicles shall be limited so that the Commercial Recreation (Controlled Impact) (Karen s Fireside) and the Automotive Rental and Sales (JT Motor Sales) use types are not operating at the same time; The applicant shall be limited to displaying not more than 20 vehicles for sale; The applicant shall restripe the parking lot to provide for a minimum of five (5) ADA accessible parking stalls; The applicant shall remove the parking stalls that span into City right-of-way; The applicant shall restripe/paint the parking lot and install planters or other City approved material to discourage external traffic through the lot; The Special Use Permit shall not be subject to a renewal period; and The Special Use Permit shall be limited to JT Motor Sales. It shall not automatically transfer to any future owner or lessee of the property. PASSED AND APPROVED THIS DAY OF, CITY OF PAPILLION, NEBRASKA Attest: David P. Black, Mayor Nicole L. Brown, City Clerk (SEAL)

4 I. GENERAL INFORMATION CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT MAY 30, 2018 AGENDA KAREN S FIRESIDE & JT MOTOR SALES LOTS 19 & 20, SARPY 84 COMMERCIAL PARK SPECIAL USE PERMIT SUP A. APPLICANT: Julie Maben-Diril & John T. Isbilir 1214 N. Monroe St Papillion, NE B. PROPERTY OWNER: Jewell Investments, LLC 1802 Walnut Creek Dr Papillion, NE C. LOCATION: 1214 N Monroe St D. LEGAL DESCRIPTION: Lots 19 & 20, Sarpy 84 Commercial Park E. REQUESTED ACTION: Approval of a Special Use Permit to allow Automotive Rental and Sales as an accessory use. F. EXISTING ZONING AND LAND USE: The property is zoned LI (Limited Industrial) and is developed as a Commercial Recreation (Controlled Impact) use type. G. SIZE OF SITE: Approximately 1.18 acres. II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use map identifies this site as Commercial. B. EXISTING CONDITION OF SITE: A Commercial Recreation (Controlled Impact) use is established on the parcel.

5 2 C. GENERAL VICINITY AND LAND USE: All lots adjoining 1014 N. Monroe Street are zoned LI (Limited Industrial) and are developed as a mix of commercial, industrial, and civic use types. The area to the north of Sarpy 84 Commercial Park consists of an unplatted tax lot that is zoned LI and developed as a Cemetery. The area to the east of Sarpy 84 Commercial Park consists of lots zoned R-3 (Urban Family Residential) and is developed as Religious Assembly and Single-family Residential use types. The area to the south of Sarpy 84 Commercial Park consists of an unplatted tax lot zoned R-1 (Single- Family Residential (Low-Density)) that is developed as a Secondary educational facilities use type. The area to the west of Sarpy 84 Commercial Park on the west side of S Washington Street consists of GC (General Commercial) zoned lots in Tara Hills Replat that are developed as a mix of commercial and office use types. D. RELEVANT CASE HISTORY: Sarpy 84 Commercial Park was platted in The building on Lots 19 & 20, Sarpy 84 Commercial Park was constructed in The applicant participated in a pre-application with staff. E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for a Special Use Permit to allow Automotive Rental and Sales as a permitted use. The applicant is proposing to sell vehicles as an accessory use to the current Commercial Recreation (Controlled Impact) use. 2. As a condition of the State Dealer s License, the applicant must designate a minimum of ten (10) parking stalls for the sale of cars. B. LAND USE/COMPREHENSIVE PLAN: 1. The proposal is generally in conformance with the Future Land Use designation of Commercial. 2. The proposed use of Automotive rental and sales is generally compatible with adjacent uses. Another Automotive Rental and Sales Use Type can be found in Sarpy 84 Commercial Park on Lots 1 & 2. The Automotive Rental and Sales use should be sensitive to nearby civic uses. Given the limited scope of the proposed Automotive Rental and Sales use, the proposal is generally compatible with the surrounding area. May 30, 2018 Planning Commission SUP

6 3 C. GENERAL: 1. The applicant is proposing to use the existing office inside the building. 2. The site plan identifies 102 parking stalls located fully within the property boundary. The existing and proposed use requires a total of 88 stalls, of which five (5) must be van accessible ADA stalls. The requirement of 88 stalls is based on the following: a. Commercial Recreation (Controlled Impact) With a building capacity of 285 people, 71 parking stalls are required. b. Auto Rental and Sales (Office) The existing office is 1,440 SF; therefore, five (5) stalls are required. c. Auto Rental and Sales (Outdoor Display) The proposed outdoor display is approximately 4,000 SF; therefore, two (2) parking stalls are required. d. Auto Rental and Sales (Display Parking Required by State) - The State of Nebraska Motor Vehicle Industry Licensing Board requires ten (10) stalls for vehicle display. 3. Currently, nine (9) parking stalls span into the public right-of-way. Parking stalls are not permitted to be striped extending into or fully within the N Monroe Street right-of-way without formal authorization from the City via an agreement. 4. In discussions with the applicant during the pre-app meeting, it was shared that the parking lot has an open curb along N. Monroe Street which entices larger commercial trucks needing to turn around to access E. Cary Street. Restriping/painting the parking lot to remove the nine (9) parking stalls and creating a traffic pattern to encourage better traffic flow will be required. A striping pattern directing traffic and creating no parking areas similar to the Early Childhood Center across the street is recommended. Additionally, to prevent large commercial vehicles from using the parking lot as a turn-a-round, the applicant is encouraged to use planters or other Department approved materials in the no parking areas to discourage the practice. 5. The applicant has expressed a willingness to have the Special Use Permit be renewable every three or more years; however, staff does believes that the Special Use Permit should not be subject to a renewal period. Rather, it should be limited to the applicant. Given the adjoining civic uses and nearby residential uses, staff does not support making the Special Use Permit transferrable. A future owner may have an operation plan that is larger in scope than the current applicant, which could have a more significant impact on surrounding properties. May 30, 2018 Planning Commission SUP

7 4 6. The Special Use Permit shall be issued upon the following conditions: a. The hours of operation for the sale of vehicles shall be limited so that the two uses are not operating at the same time. b. The applicant shall be limited to displaying not more than 20 vehicles for sale. c. The applicant shall restripe the parking lot to provide for a minimum of five (5) ADA accessible stalls. d. The applicant shall remove the parking stalls in the City right-of-way. e. The applicant shall restripe/paint the parking lot and install planters or other Department approved materials to discourage external traffic through the lot. f. The Special Use Permit shall not have a renewal period. g. The Special Use Permit shall be limited to JT Motor Sales. It shall not automatically transfer to any future owner or lessee of the property. IV. RECOMMENDATION Approval of the Special Use Permit (SUP ) for Karen s Fireside & JT Motor Sales based on: 1. The proposed land use is generally consistent with the zoning, and 2. The proposed land use is generally compatible with the surrounding uses. The recommendation for approval is contingent upon the applicant agreeing to the conditions of Section III, C, 6. V. COPIES OF REPORT TO: Applicant Public upon request VI. ATTACHMENTS: Special Use Permit Application Site Plan Aerial Report prepared by: Andrea Blevins, Planning & Legal Assistant May 30, 2018 Planning Commission SUP

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11 Giles Rd. Limerick Rd N Beadle St Karen's Fireside & JT Motor Sales (1214 N Monroe St) SUP

12 DRAFT MINUTES - EXCERPT PAPILLION PLANNING COMMISSION MEETING MAY 30, 2018 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, May 30, 2018 at 7:00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning Assistant Andrea Blevins called the roll. Planning Commission members present were David Barker, Howard Carson, Raymond Keller Jr., Jim Masters, John E. Robinson III, and Wayne Wilson. Leanne Sotak and Herb Thompson were absent. Judy Sunde joined the Commission at 7:33 P.M. Planning Director Mark Stursma, Assistant City Attorney Amber Rupiper, Assistant Planning Director Travis Gibbons, and Staff Engineer Derek Goff were also present. Chairwoman Hoch led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on May 16, A copy of proof of publication is on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Approval of Agenda Motion was made by Mr. Carson, seconded by Mr. Masters, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Robinson III, seconded by Mr. Carson, to approve the March 28, 2018 minutes. Roll Call: Seven yeas, no nays. Motion carried. PUBLIC HEARING Special Use Permit A Special Use Permit to allow Automotive rental and sales as a permitted use in the property legally described as Lots 19 and 20, Sarpy 84 Commercial Park, generally located at 1214 N Monroe Street. The applicants are Julie Maben-Diril and John T. Isbilir. (Karen s Fireside and JT Motor Sales) SUP Chairwoman Hoch opened the public hearing. Julie Maben-Diril, 1802 Walnut Creek Drive, stepped forward as the applicant. She explained that the Special Use Permit would add the existing JT Motor Sales currently located at 211 W Lincoln Street to Karen s Fireside located at 1214 N Monroe Street. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Robinson III noted that he was a former coworker of the applicant, and confirmed that he will not have any personal financial gain from the approval of the Special Use Permit.

13 Mr. Masters asked the applicant whether she had been in contact with the surrounding businesses regarding her proposals. He also asked how many cars she intends to keep on site. Ms. Maben Diril explained that there would be a maximum of twenty (20) cars on site. She suggested that she had discussed the proposal with the neighbors on the north and south of the lot, but not with other neighbors. Ms. Maben-Diril added that she was not aware of any issues with the neighbors. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Barker, to recommend approval of the Karen s Fireside and JT Motor Sales Special Use Permit (SUP ) because the proposed land use is consistent with the zoning and surrounding uses, contingent upon the resolution of staff comments. Roll Call: Seven yeas, no nays. Motion carried. 2 Planning Commission May 30, 2018