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
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"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
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•
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
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