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NOT PASSED Rezone 4818 Douglas St from R7 to CC C10-05-194 ORDINANCE NO. AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located at 4818 Douglas Street from R7-Medium- Density Multiple-Family Residential District to CC-Community Commercial District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 16, Block 1, Sunset Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R7-Medium-Density Multiple-Family Residential District to CC-Community Commercial District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage. INTRODUCED BY COUNCILMEMBER i,.) �44 APPROVED BY: MAYOR F THE cITY OF OMAHA DATE SEP 2 7 2005 - d44e.. e&/Sepr .,;-ioy)ee., ll/p7`' ,dam :°o/ ATTEST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FO • ITY ATTORNEY DATE P:\PLN3\1 5843maf.doc 1 fa) c 0) C W FrT 03 g CO C n n CO o 0 n T �, O Ln imi m 0 Z ° Z 0 z CA n m 1 7 k (zD p� nco0CDD (DocCLoz \. \ d A -'. �C1 • n rt O Q. pt. O. =' Q Q ta7 73 a rn p ID lfl O C) Q. n rr to xi i lD — iv = o fl. r-r � � rn 3 „ �, 0 60 3 - Z cCJ � (DwoN � fl, Z Z a. 3 d o do o o vco a a M '�� rt = rn - rt � p Z n I % v O (Xp O -0 O a p ` 0 �* rn 11 Z —I 3 3or* o � CO V N 1 , flJ 3 O n N (D c ,1 G c o s C o c- 5 � o � � �� �- n 70 "4. [ � n n• rii C n to (D (D co ;-r _. rtCli p 2 3 m OOp n p • 1 Q ; r ( coh.5 * tai co aii ��'' bV\ f � \1 "NOTICE OF REZONING" THE DAILY RECORD The following Ordinance has been set for OF OwM�/,r AHTT City Council Hearing on September 27, A 2005,at 2:00 p.m.: AN ORDINANCE to amend the official RONALD A. HENNINGSEN, Publisher zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal PROOF OF PUBLICATION Code,by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the UNITED STATES OF AMERICA, Omaha Municipal Code to rezone property located at 4818 Douglas Street from R7- The State of Nebraska, SS. Medium Density Multiple Family Residential District of Nebraska District to CC-Community Commercial District •is now pending before the City County of Douglas, Council of the City of Omaha with the Cityof Omaha, following recommendations: The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, J $OYD be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: being duly sworn,deposes and says that she is Lot 16, Block 1, Sunset Addition, a subdivision as surveyed, platted and LEGAL EDITOR recorded in Douglas County, Nebraska, 's hereby rezoned from R7-Medium Density of THE DAILY RECORD, of Omaha, a legal newspaper, printed and Multiple Family Residential District to CC- Community Commercial District. published daily in the English language, having a bona fide paid You and each of you are further notified circulation in Douglas County in excess of 300 copies, printed in that a proposed ordinance is now pending before the City Council of the City of Omaha Omaha,in said County of Douglas,for more than fifty-two weeks last to change the above described property and past; that theprintednoticehereto attached was published in THE the City Council of the City of Omaha will hold a Public Hearing upon said proposed DAILY RECORD,of Omaha,on ordinance.on the 27th day of September, 2005, at the hour of two oclock p.m. in the September 16, 2005 Legislative Chambers, Omaha/Douglas 'Civic Center, 1819 Farnam Street, at which hearing all persons interested may be heard. BUSTER BROWN, City Clerk 9-16-05 _ Tha aper during that time was r arly published and in. . 0atiC;,,• in the County of Dougl tate of Nebraska. Subscribed in my sense an sworn to before � isis r, OTARV"t;Y Y.jlt{�eif,Z,'F IQ,14$ .., * 0 me this 16t r: of ^+ IREQ i September 05 dd o a,, Copies t443: 0 r '•". qlF(f NEw' Notary Public in . toff__ �i. " ounty, �` S�r. • o Nebr: a RECEIVED September 16, 2005 05 SEP 21 All 8: 52 Dear City Council, CITY R OMAHA, NEBRAS ,A I am sending this information to you before the public hearing on the 27th. I , being Deborah Boganowski the owner of 4818 Douglas St. am very much in favor of the recommendation of the planning commission. I was not aware of the different ways to zone properties and feel that their suggestion is good. My intent was never to have major activity at that site. It is a lovely home and I am restoring it to it's original beauty. Renting out the second floor to a small law firm or a few insurance agents would minimize traffic to that location. The meeting space on the main level would be used as needed but not with late hours and with small numbers of people. I reali"e it is zoned R-7 multiple family rental, but I really would like more control over the property to keep it nice. Not that renters can't take care of property, but they don't have an ownership feel and responsibility to maintain it the way I would. I walked the neighborhood and visited with many that signed the petition against the rezoning. They did not understand what LC and special permit • meant for the recommendation. There are only two other homes on my side of Douglas that have actual owners living in them . So many of them have been made into apartments and are not well kept. On the south side of Douglas I found out that some people had their name signed to the petition that weren't even in town. They were in Australia. There are two properties on that south side (zoned R-3) that are being rented to multi-families. One house has three apartments in it and the other has 6 college students living there. I don't believe that their signatures should count. I am enclosing the letter and information I gave to the home owners. I also gave each of them a stamped addressed envelope for them to send their answer or suggestions back to me. I did not receive one back. I'm disappointed in the neighborhood and how it is being maintained. The neighbors need to talk to people that aren't maintaining their properties and renting when they aren't zoned as rentals. I believe my property would be an asset to the neighborhood and it is only possible because of the large parking lot to the west that I own . I wanted to give you this information before our meeting on the 27th to give you some background. I appreciate your consideration in this matter. Deborah Boganowski DKV Investments LLC August 10, 2005 To Homeowners on Douglas Street, On August 3rd the planning board recommended that my property at 4818 Douglas be zoned LC with a special permit for the main floor meeting room. I had originally requested the R7 changed to commercial . I am very much in agreement with the board's suggestion. My goal has NEVER been to have a café, bar, grocery store, etc. that one would view as a commercial property. The LC stands for low commercial or limited, which the personal offices on the second floor would be. The offices would be occupied from 8-5. The special permit would allow me to rent out the main floor for small functions, special occasions, and small business meetings. The special permit would limit the activities to this type. A "bar or café"would not be allowed with this type of permit. I have spent thousands of dollars redoing the main level to restore it's beauty and elegance, and will be extremely selective in who I rent it to. My driveway would never be used by anone from the offices or from the main level because of the parking lot and right adjacent to it. The planning commission strictly specified that only my parking lot would be used to avoid traffic issues. A sign posted at the end of the drive would specify No admittance- Private Drive- Car will be towed. If the City Council (my next step) denies the zoning completely because of your petition, than I will have no recourse but to rent the property since this is zoned R7 (multi-family rental). It is large and will be rented to med students, college students, or a large family. I prefer not to do this because I feel I have less control of the activity that will go on there, plus the renters would have access to the driveway and garage. I would not have any control of who visits and how long they stay if college students or a family lives there. Zoning it LC with a special permit for use of the meeting room lets me obtain that control and be selective of who uses the building and how long they can stay. I am enclosing the recommendations from the planning board and would appreciate you reconsideration and support in changing this home to LC with a special permit use for the main floor. Whatever the outcome is, I will work through it and do not plan on selling the property. Owning a home next to a large parking lot doesn't make a desirable piece of real estate for a family home. I believe the best use would be what I am asking for . LC with a special permit and restricted parking in the parking lot of the Hilltop Offices. I appreciate your consideration in this matter. I 461 ti 4oa - Cog0- 5-015C2 % . ....„.. .,.. • .,.. 0_...,..., _ ,,.„.„ . . • ;• .,::: , i , PH . , a , „ w w O a c= N(o V r 1 k � 4-t x \v• �i, V • r1�, .�2 to 3 • o Ill v 1— N ,. ,. i 1ST I`, J f X (✓� J•. i 5 I I ��o, • �p tz i.-1 , 0 & ...it 1 :si 1 , -. . .., e ..;157\-\\ 9 .. • • 4 • 44- :-•-• s, .t... — • 4(-N . N.• I wo,440.10..4- 4441 , i, ... :. . • r v.. _., ,t. . k‘4. .zot 4 • . , .4C,E...M.‘ • ... . . • b'lli.illi mot C c" \ * ` ,%t of 'y I .11a 1 . 1 e • 1 I 1- li,„,__ ! c . . . 4 V• tSS OOP _ ,\ ,�iL ii'• %•)--. Zch . • ( .., .0.,..„-1 ,. Al D F .1 . 1a y tl 1 y i .„ l ' � va � �t 1• tI ' sSil 1?1 i - \\\ ,<\ , • 1•".....„1-5....y.i... r• 6 CC t, `'"L„� -,.•-�'.''-+Yi�,•��.yam „_., ct 1-1....• i e 1 :'i ... 1 . \ a K1ci� ,., c,R ,-..i.$_: �t t.r 1 s • to s • OMAHA CITY PLANNING DEPARTMENT RECOMMENDATION REPORT July 27,2005 Case Number: C10-05-194 Applicant: Debbie Boganowski Request: Approval of rezoning from R7 to CC. Location: 4818 Douglas Street I. GENERAL INFORMATION Purpose: To allow the existing residential structure to be converted to offices on the second floor and a meeting area on the first floor. Existing Zoning: R7-medium density multi-family residential. Existing Land Use: Single-family residential. Adjacent Land Use and Zoning: North Commercial GC South Surface parking,single and two family residential R3-PK, R3&R5(35) East Surface parking,single&multi-family residential R7-PK and R7 West Multi-family residential and offices R8&LO-PUD Zoning history:In 1952, an addition was constructed on an existing residence to allow a medical office at 105 S.49th St.,the property that lies to the west. At that time, the property was zoned R8, which (under the old zoning ordinance)permitted hospitals,clinics and medical offices. In 1978, the zoning ordinance was changed to exclude offices,making the medical office a nonconforming use. In 1989,the property was rezoned from R7 and GC to LO with a conditional use permit to allow medical offices (C10-89-133,C7-89-133a). No Building Permit will be issued based on a site plan that does not comply with the provisions of the Zoning Ordinance. Approval of the rezoning by the Planning Board and City Council does not include or imply an acceptance of the site plan for permit purposes. Future Land Use Plan Designation: Mixed-Use II. `SPECIAL INFORMATION Site Characteristics: A 6,875 sq. ft. platted lot containing a single-family residence. Development Proposal: To convert the existing residence to offices and a meeting room. Public Improvements: Generally,all public improvements are in place. Land Use and Planning:The applicant owns the LO-zoned site to the west,which contains more than enough on-site parking for existing and intended uses of both properties.Since the area is evolving from residential to mixed-use, the remaining residential uses should be protected by limiting the intensity of development and traffic generation. In this particular case, the use is 1 Recommendation Report • C10-05-194 Page 2 appropriate,but all office and commercial traffic must use the existing parking lot next door to the west to maintain the existing traffic pattern.This will minimize the impact to the residential uses to the east. Even though the property to the west is owned by the applicant,a parking easement that allows the users of 4818 Douglas to use the adjacent parking lot in perpetuity must be recorded with the Register of Deeds. Rezoning the site to LC with a conditional use permit will help to regulate the site and minimize the potential for any significant land use changes.Even though the request is to rezone to CC,the. applicant submitted enough information to fulfill the application requirements for a conditional use permit III. ANALYSIS Even though this block face(along Douglas St) is programmed for mixed-use,it is still transitioning.The uses include a mix of residential,surface parking and offices. More intensive zoning(and uses)exists along the Dodge Street side of the block. As land use changes have. evolved along Douglas Street,the zoning has been minimized to the lowest intensity level for any particular use. Planned Unit Developments (PUDs),use permits and PK overlays have been used as vehicles to help maintain a relatively low intensity level of office and commercial development. In keeping with this philosophy, this site should be rezoned to LC(Limited Commercial)with a conditional use permit.The offices are permitted in LC,but the meeting room (classified as Indoor Entertainment in the Zoning Ordinance) requires a conditional use permit in the LC district Rezoning the site to LC with a conditional use permit is consistent with the Citys Master Plan and will not negatively affect the surrounding area. Retaining the residential appearance of the property and using the parking lot to the west for all commercial and office parking will allow the use to comply with Section 55-885(OMC)criteria.It should be noted that the conditional use permit will not become effective until the site's LC-zoning is finalized. IV. RECOMMENDATION Deny the rezoning from R7 to CC. Approve the rezoning from R7 to LC. Approve the conditional use permit to allow Indoor Entertainment in LC subject to 1.All office and commercial traffic using the parking lot to the west,which is also owned by the. applicant. 2.Complying with site,building elevation and operating plans.' 3.Submit a certified copy of a recorded parking easement, as referenced above: V. ATTACHMENT Site, building elevation(photos)and operating plan. Please sign below your decision and send it in the stamped , addressed envelope. Thank you for your consideration in this matter. I do support the rezoning of 4818 Douglas from R7 to LC with a special permit for the meeting room and parking to be in the Hilltop Office parking lot. Address Owner's signature Or Tenant's signature I do not support the rezoning of 4818 Douglas from R7 to LC with a special permit for the meeting room and parking to be in the Hilltop Office parking lot. I realize that the zoning of R7 would remain which is multi-family rental. Address Owner's signature Or Tenant's signature r CA CD b o 0 E4 n B CD �. �, :CD° Q" C17 o < b' NJO C7 $ v . N 0 Q. 0 O Ai i O Ul n Pi- 8 00r rd � n o CD n cro Q. iu NI r% o v: