BACKGROUND:
Medina Adventures is requesting to rezone the property generally located at 105 N. 12th Street from “I-1” Light Industrial District to “C-2” General Commercial District (Figure 1). The applicant would like to operate a nightclub at this property. This property was previously identified as a nonconforming nightclub, as nightclubs are not permitted within the “I-1” Light Industrial District. The previous nightclub closed before 2020 and could not maintain its nonconforming status.
Section 21.070 & 21.080 of the Garden City Zoning Regulations define nonconforming uses as:
Any lot or structure lawfully occupied by a use at the time of the effective date of the Zoning Regulations or amendments hereto, which does not conform to the regulations of the district in which it is situated.
Nonconforming uses as defined herein may be permitted to continue, provided that no structural alterations except those required by law or ordinance are made therein, the nonconforming use is not discontinued or abandoned for a period of one (1) year, and was:
(A) Legally established at the time of the adoption of Zoning Regulations by the City;
(B) Legally established at the time of annexation of a particular area of the cooperate limits of the City of Garden City;
(C) Legally established at the time an amendment was made to the Zoning Regulations so as to transfer the land to a more restricted district; or
(D) Legally established at the time of adoption of the current Zoning Regulations, and amendments thereto.
In December 2020, a previous property owner requested a rezoning of the property to “C-2” General Commercial District; however, the Planning Commission did not recommend approval, and the applicant did not pursue consideration by the City Commission.
Staff Analysis
Night clubs are not a permitted use in the “I-1” Light Industrial District according to the Garden City Zoning regulations. However, nightclubs are a conditional use in the “C-2” General Commercial District in Section 15.030(J). If the rezoning request is approved, the applicants will be required to obtain a conditional use permit for a nightclub. To be considered a Tavern/Nightclubs (definition from Section 2.030(117)) establishments will need to meet at least one of the following:
a. Any establishment whose primary function is the sale and on-site consumption of cereal malt beverages or alcoholic liquor.
b. Any establishment whose sale of cereal malt beverages or alcoholic liquor accounts for more than 50% of its gross receipts in sales.
c. A premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, for the exclusive use of the corporate stockholders, partners, trust beneficiaries, associates, members, and their families and guests accompanying them.
d. A premises, which may be open to the general public, where alcoholic liquor by the individual drink is sold.
e. A premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for consumption of food or any beverage and for entertainment.
This project will be required to go through the Site Plan Review process, where parking requirements will be identified.
The proposed land use is consistent with the Comprehensive Plan which identifies the area as commercial potential.
The Governing Body may approve the request to the criteria in Section 27.040. Below is the complete list of these criteria:
27.040. AMENDMENT EVALUATION CRITERIA. Prior to taking any action on a request for an amendment which is not a general revision of the Zoning Regulations and which will affect specific property, the Planning Commission shall give consideration to the following evaluation criteria:
(A) The physical character of the neighborhood surrounding the property under consideration.
(B) The existing zoning and land uses of properties both adjacent and near the property under consideration,
(C) The suitability under existing conditions of the subject property for the land uses to which it has been zoned
(D) The extent to which removal or alteration of the existing zoning classification will affect nearby properties (outlined in (B) above),
(E) The length of time the subject property has remained vacant as zoned (if applicable),
(F) The relative gain to the public health, safety and welfare by the change of value of the landowner’s property compared to any hardship that may be imposed upon the landowner,
(G) The consideration of recommendations of permanent or professional staff (if applicable),
(H) The conformance of a proposed zoning change to the adopted or recognized Comprehensive Plan being utilized by the City of Garden City, Kansas, and
(I) Other factors relevant or specific to a particular proposed zoning amendment. (Ord. #1770, 11/2/91)
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of the rezoning request at the August 17, 2023 meeting.
Members Present - 8
Yea Vote - 8
Nay Vote - 0