RESOLUTION introduced by City Manager Brent Trout, in accordance with Section 18.60.010 of the Topeka Municipal Code, amending a Conditional Use Permit (SP60/2) that allowed specifically for the sales of orthopedic appliances to allow “retail sales that is subordinate and in association with the principal use of the office building” on property located at 1119 SW 10th Avenue and presently zoned “O&I-2” Office and Institutional District, all being within the City of Topeka, Shawnee County, Kansas.  (CU17/1) (Council District No. 1)

Voting Option Requirements: (1)Approve Planning Commission's recommendation 6 votes required (2) Reject or Amend Planning Commission's recommendation 7 votes required; or (3) Remand back to Planning Commission 6 votes required

(Approval would allow Doorstep, Inc. to use a 1,768 square foot portion of the building for its retail thrift store.)

The Governing Body has the following options to consider:

(1) Adopt the recommendation of the Planning Commission by a majority vote (6) of the Governing Body.

(2) Reject or amend the Planning Commission’s recommendation by a two-thirds majority vote (7) of the Governing Body.

(3) Return such recommendation to the Planning Commission by majority vote (6) of the Governing body with a statement specifying the basis of the decision to approve or deny the request.

The recommended conditions of approval address the following issues:

• Limiting the portion of the building used for retail by size and area in a manner that will not lead to the commercialization of SW 10th Avenue.
• How operations are managed to prevent donated and unwanted items from accumulating outdoors.

The use of the building for its thrift store operations is restricted as described in the applicant's statement of operations.  The adaptive re-use of this building as limited by the Conditional Use Permit is consistent with the land use policies and principles of the Tennessee Town Neighborhood Plan.