04/25/05
ITEM NO. 11: USE PERMITTED UPON REVIEW; BRANDON WOODS RETIREMENT CENTER; 1501 INVERNESS DRIVE (SMS)
UPR-03-02-05: Use Permitted upon Review request for a private club at Brandon Woods Retirement Center. The property is located at 1501 Inverness Drive and contains 3.325 acres. Submitted by Brandon Woods Club, Inc, applicant, for Brandon Woods, Inc., property owner of record.
Ms. Stogsdill introduced the item, a request to establish an indoor, private club entity within the retirement facility. Approval of this UPR will provide zoning authority for the City Clerk to sign off for a liquor license to the State. According to the application, liquor service was intended for residents and their guests at mealtimes in specified locations within the facility.
Ms. Stogsdill explained the subject property was not zoned commercially, so the UPR process was designed to allow residentially zoned properties to serve alcohol (with the proper permits and licenses) under circumstances set forth in the UPR approval.
Many letters of support were supplied in the communications packet and Staff recommended approval of the request, subject to the conditions listed in the Staff Report.
It was noted that the applicant stated liquor service would be restricted to the highlighted dining/common areas shown in the application.
Krebs asked what would prevent facilities like the Legends at KU from applying for a similar permit. Ms. Stogsdill said the UPR process and associated public hearing process allowed for individual review of each request. The process also provided for review and possible revocation of the UPR if complaints were received or the user as found to be violating the conditions of approval.
It was noted that UPR’s did not typically include a time limit.
It was verified that the Commission could add a condition that the UPR was specific to this user if there was concern about a change in use.
Donna Bell spoke on behalf of the applicant, explaining the facility historically had been able to serve liquor, but the license had mistakenly been allowed to lapse. She clarified that the facility intended to provide liquor service to residents and their guests during meal times as part of the resident’s meal package. Service was not intended for anyone other than residents and their guests.
Ms. Bell stated again that the highlighted areas shown in the application were the only areas intended for liquor service. She said the applicant was not opposed to a condition limiting service to the shown areas.
No member of the public spoke on this item.
Krebs expressed concern about precedent and asked that the record be clear that liquor service was allowed only in the dining areas. This was intended to denote the difference between this situation and an open bar.
ACTION TAKEN
Motioned by Krebs, seconded by Burress to approve the Use Permitted upon Review for Brandon Woods Retirement Facility and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report.
Motion carried unanimously, 10-0.