AMENDED AGENDA PLANNING COMMISSION Tuesday, May 16, :00 PM City Council Chambers 125 East Avenue B, Hutchinson, Kansas

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1 AMENDED AGENDA PLANNING COMMISSION Tuesday, May 16, :00 PM City Council Chambers 125 East Avenue B, Hutchinson, Kansas 1. ROLL CALL Macklin Woleslagel Bisbee (Chair) Hamilton Peirce Valery Roberts-Ropp Carr Hornbeck (Vice Chair) Peterson 2. INTRODUCTION OF COMMISSIONER ROBERTS-ROPP & PLANNING TECHNICIAN JADE SHAIN 3. APPROVAL OF MINUTES Meeting of May 2, CORRESPONDENCE & STAFF REPORTS Motion to accept documents into the official record. 5. PUBLIC HEARINGS a. ZA , Zoning Amendment: Request to rezone property located at 1701 E Blanchard Avenue (4 Seasons Truck Wash) from C-4 Special Commercial District to I-2 Industrial District. Staff Representative: Aaron Barlow, Associate Planner Action: Motion to recommend (approval / denial) of request #ZA to rezone the property located at 1701 E Blanchard Avenue from C-4 Special Commercial District to I-2 Industrial District, based upon a finding that the factors required for approval are (met/not met). 6. UPCOMING CASES a. ZV , Red Barn Reflections, LLC, Paving Variance (0 N K61 Hwy) 7. ADMINISTRATIVE CASES a. SIT , Superior Boiler Parking Lot Expansion, 3524 E 4 th Ave (under review) b. PSA , Crosspoint Church Parking Lot Expansion, 1410 E 30 th Ave (under review) c. SIT , Disability Supports Facility, 2319 N Waldron St (under review) d. SIT , Hutchinson Strip Center Phase 2, 1435 E 30 th Ave (under review) 8. OTHER BUSINESS 9. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 10. COUNCIL ACTION ON CASES 11. ADJOURNMENT Staff Contacts: Jana McCarron Casey Jones Amy Allison Aaron Barlow Charlene Mosier Jade Shain

2 Planning Commission and Board of Zoning Appeals Planning Commission members are appointed by the City Council for a three-year term, not to exceed two consecutive terms. Two members must reside outside the City limits but within a three-mile radius. Commissioner Name Phone & Terms Todd Carr 3905 Old Salem St Hutchinson KS wk cell todd.carr@fnbhutch.bank to Ken Peirce 2813 Westminster Dr Hutchinson, KS Janet Hamilton 2904 Meadowlake Dr Hutchinson, KS Thomas Hornbeck (Vice Chair) 202 E 13th Ave Hutchinson KS Harley Macklin 2509 Briarwood Dr Hutchinson KS *Mark Woleslagel 6700 N Halstead St Hutchinson KS Darryl Peterson 805 E Avenue B Hutchinson KS *Valery Roberts-Ropp 2015 Puesta Del Sol Hutchinson KS Terry L. Bisbee (Chair) 107 Thunderbird Dr Hutchinson KS * Outside City Limits Representative hm cell KPlz2813@gmail.com wk cell hamiltonj@healthfund.org janet.hamilton0501@gmail.com x 163 wk hm tommy.hornbeck@gmail.com tommyh@hcu.coop hm cell hrmacklin@gmail.com wk hm mdwoleslagel@sbcglobal.net hm cell dpmn.gcc@juno.com hm wk vropp1@gmail.com Valery@Elite-RealEstateGroup.com hm tlbisbee@cs.com to to to to to to to (unexpired term of Kathie Moore) to to to (unexpired term of Robert Obermite) to Staff Contacts: Jana McCarron Casey Jones Amy Allison Aaron Barlow Charlene Mosier Jade Shain PC Roster

3 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Planning Commission meeting was called to order at 5:00 p.m. with the following members present: Harley Macklin (7/7), Todd Carr (7/7), Darryl Peterson (7/7), Tom Hornbeck (6/7), Ken Peirce (5/7) and Janet Hamilton (4/7). Mark Woleslagel (5/7) and Terry Bisbee (5/7) were absent. Staff present were Jana McCarron, Director of Planning and Development; Casey Jones, Senior Planner; Aaron Barlow, Associate Planner; and Charlene Mosier, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the April 18, 2017, meeting were approved on a motion by Macklin, seconded by Peterson, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Peirce, seconded by Macklin, passed unanimously. 4. NEW BUSINESS a. CTY , Area of Influence Review: 2505 E 56th Ave Request to establish a contractor s equipment and material storage yard on property located within the jurisdictional area of Reno County but in the City of Hutchinson Area of Influence. Hornbeck asked if there were any outside contacts or conflicts of interest; there were none. Jana McCarron, Director of Planning and Development, presented the staff report for the case. The applicant, Kyle Altvater, is requesting a conditional use permit to establish a contractor s equipment and material storage yard on property located at 2505 E 56th Avenue within the jurisdictional area of Reno County but in the City of Hutchinson Area of Influence. The Comprehensive Plan land use designation for the property is Low Density Residential. This designation is not compatible with the proposed use, which the city classifies as industrial. The western portion of the parcel contains a single-family dwelling and detached garage. The surrounding properties are rural residential, with large lots and large outbuildings. There are no known approved industrial or commercial uses in the vicinity of the property. (Carr arrived). McCarron showed photos of the property and maps delineating the area of influence. She also reviewed the applicant s proposed site plan for the contractor business. The subject property has a County zoning designation of R-1, Rural Residential District. In the County s R-1 Zone, developments that are not residential in nature are allowed with a conditional use permit approval by the Reno County Commissioners, upon recommendation of the Reno County Planning Commission.

4 McCarron said the City s Development Review Committee reviewed the proposal on April 11, 2017, and recommended denial to the Planning Commission and the City Council based upon the following: 1. The proposed use is classified as an industrial use by the City of Hutchinson Zoning Regulations. Industrial uses are not compatible with the surrounding residential uses and the general character of the neighborhood. 2. Industrial uses, including the proposed use, have the potential for adverse environmental impacts, including noise, runoff, slag piles and unsightly storage. These uses are not compatible with the rural residential zoning and surrounding residential uses. 3. The City of Hutchinson s Comprehensive Plan designates this property as Low Density Residential. The proposed industrial use is not compatible with the Low Density Residential designation. 4. Development of the property with an industrial use could pose a barrier to future annexation by allowing for an incompatible mix of uses adjacent to one another. 5. The project has the potential to adversely impact drainage due to an increase in impervious area. For the above-listed reasons, Staff recommends the Hutchinson Planning Commission recommend denial of the proposed conditional use permit and request the Hutchinson City Council authorize the Mayor of the City of Hutchinson to submit a letter to the Reno County Commission to that effect. Hornbeck asked the applicant for his presentation. Kyle Altvater, 3818 E Stroud Rd, said he would like to construct a 60 x 100 building to store a camper, boat, pickup, dump truck and other large items. He would also construct a lean-to for the storage of lumber. He said he was asked to place all possibilities on his site plan. The business would have two or three employees that may park there but then leave the site for the day. He has 14 acres total and there are large power lines. Behind this property there is a huge ditch area that was dug out to build the highway. There is not a lot he can do with much of this property. The driveway would have a gate, as the building would not be open to the public because it is only for storage, and there would be no sign advertising it. The proposed building would be a two-tone gray metal structure; however, because it would set back from the road and behind a large hill with trees it would not be that intrusive and mainly the roof would be visible from the road. The lean-to would be on the south side. He mentioned there is a body shop along E 56 th Avenue in the vicinity of K-61. Peirce asked about the house to the north with semis and equipment. Altvater said he does not really know this property owner but he said he does have large equipment at his home and a large outbuilding. 2

5 Macklin asked about parking stalls. Altvater said 12 stalls are required because of the size of the building. He was told by the County that he can submit a revised plan without the stalls and remove the possible future building from the site plan. Carr asked what the building would be used for if it were sold. Altvater said it could be used mainly for storage like the many large buildings that are currently in the county. Macklin asked about the design of the driveway. Altvater said the driveway would be fairly straight to accommodate a large camper or truck and would have asphalt millings for the surface rather than concrete. Carr asked if the building were used for farm equipment if it would go through this process. McCarron said an agricultural storage building would be considered an accessory structure for personal use rather than a business, which is not a typical accessory use to a house. Hornbeck asked what the county regulations are for this use. McCarron said a conditional use permit is required and if the conditions are not followed, the permit can be revoked. There were no comments from the audience. Hornbeck closed the hearing and asked for a motion. Motion by Peirce, seconded by Peterson, to recommend to the City Council approval of the request to establish a contractor s equipment and material storage yard at 2505 E 56 th Ave in the City of Hutchinson s Area of Influence, on a finding that the factors required for approval are met because there are other businesses along 56th Avenue including car repair and other semi and large equipment storage, the proposed building would set back from the road and not be very visible or intrusive as it would be used storage purposes. The motion did not pass as there was the following split vote: Yes Macklin, Peirce, Peterson; No Hamilton, Carr, Hornbeck. The City Council will consider this case May 16, PUBLIC HEARINGS a. ZA Zoning Ordinance Amendment: Request for amendments to the Hutchinson Zoning Regulations to establish the A-I Airport Industrial Mixed Use Zoning District. McCarron presented the request. The Airport Manager, Pieter Miller, has been looking at the feasibility of expanding operations and adding another hangar at the Airport which is currently zoned P/I, Public Institutional District. The regulations do not mention airport uses at all. Due to the unique nature of operations at the Airport, it was determined that the creation of a new zoning district would be the best approach. McCarron reviewed the following proposed use types: 3

6 Permitted Uses: Runways & taxiways Navigational aids Federal Aviation Administration approved operational aids General agriculture, excluding feedlots and keeping of farm animals Terminal operations, to include related ticketing and office uses, baggage handling and restaurants Fixed base operations, including charter, agricultural spraying and flight school operations Hangars, maintenance and storage Retail businesses and offices Light to medium manufacturing operations Vehicle rentals and associated vehicle storage Aircraft and vehicle fueling station for support of airport operations Conditional Uses: Temporary living quarters, including short-term stay housing for pilots and passengers Temporary Uses: Fly-ins Festivals Farmer s markets Retail sales Air shows Aircraft demonstrations McCarron said Strategy S.1.7.a.6 of the Comprehensive Plan provides: Develop a zoning district to support the Airport and compatible uses. She clarified that the Airport is not purchasing any property and not expanding at this time. The proposed improvements to the airport would be mainly along Airport Road. Hornbeck asked for the applicant presentation. Pieter Miller, Airport Manager, said a new hangar and temporary housing for pilots coming in late at night are options in the future. There is currently a restaurant at the Airport; however, there are no shower facilities on the property. There were no comments from the audience. Staff recommends moving forward with the proposed amendments to the regulations to add an Airport zoning district. Hornbeck closed the hearing and asked for a motion. Motion by Carr, seconded by Macklin, to recommend approval of zoning request #ZA for a Zoning Ordinance Amendment to establish the A-I Airport Industrial Mixed Use Zoning District, based on a finding of conformance with the Comprehensive Plan. The motion passed with the following vote: Yes Macklin, Carr, Peirce, Peterson, Hamilton, Hornbeck. The City council will consider this case on June 6,

7 b. ZA , Zoning Amendment: Request to rezone the Hutchinson Regional Airport and adjoining City-owned properties inside the city limits from I-1 Light Industrial District, P/I Public and Institutional District and R-1 Single Household Suburban Residential District to A-I Airport Industrial Mixed Use District. Casey Jones, Senior Planner, presented the request to rezone the Hutchinson Regional Airport and adjoining City-owned properties. Jones showed the current zoning map and explained the zoning designations of the property and the boundaries of the area proposed to be rezoned. Properties in the runway protection zones that extend outside the airport could be acquired by the City in the future, but there are no plans at the present time to acquire additional properties. This amendment is compatible with the Comprehensive Plan and there is no need to amend it for this request. Jones said that Staff recommends approval of the request based on the following factors: ANALYSIS OF STANDARD FACTORS OF APPROVAL REQUIRED FOR ZONING AMENDMENT REQUESTS: Factor Analysis Finding 1. Character of the neighborhood The airport is a long-established land use that is adjacent to the city limits and is near developed land on several sides. Airport Road is a Gateway Corridor into the City and is lined with industrial businesses and single family dwellings. The other sides of the airport are primarily low density residential with some undeveloped tracts containing agricultural land and single family dwellings. 2. Current zoning and uses of nearby property 3. Suitability of the property for its current zoning designation as compared to the proposed zoning designation Location Zoning Use Subject Property I-1 Light Industrial District; P/I Public and Institutional District; and R-1 Single Household Suburban Residential District North R-3 Moderate Density Residential District and County Zoning (AG, R-1 and R- 2) South County Zoning (AG, R-1 and R- 3) East County Zoning (AG, R-1 and R- 2) West I-3 Heavy Industrial District and R-4 Residential Neighborhood Conservation District Hutchinson Regional Airport, hangars, control tower, Airport Steakhouse, open fields. Single family dwellings; storage building; undeveloped land Single family dwellings and undeveloped land Single family dwellings and undeveloped land Manufacturing businesses, welding supply business, single family dwellings, vacant industrial building, County public works storage yard and undeveloped land. The subject property is currently zoned I-1, P/I, and R-1. None of these zoning districts are suitable for an airport use since an airport is not a permitted use in these districts according to the Hutchinson Zoning Regulations. Designating the property as an Airport Industrial Mixed Use District will allow the existing airport uses to be updated and expanded in the future. The A-I District will allow the airport to grow and to include typical airport operations seen in other communities. 5

8 4. Extent of detrimental effects to nearby properties if the application were approved 5. Length of time the property has remained vacant 6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon the landowner if the application were denied 7. Conformance of this request to the Comprehensive Plan Streets 8. Impact on Sidewalks public Water facilities and utilities Sewer Drainage The zoning amendment will not increase any impacts that surrounding properties are currently experiencing by being near the airport. The property is not vacant and is used an airport. Health, safety, and welfare: The subject property will continue in its present use as an airport. No additional impacts to health, safety, and welfare are anticipated. Landowner hardship: If the application were denied, the airport would continue as a nonconforming use, and no new airport-related development, including expansions of existing buildings, would be permitted on the property. Rezoning the subject property to A-I is consistent with the goals and strategies of the Comprehensive Plan, which call for the establishment of a special zoning district for the airport. The zoning amendment will have no impact on streets. There are no sidewalks in the neighborhoods surrounding the airport. The property is connected to City water. The zoning amendment will have no new impact on City water services. The property is connected to City sanitary sewer. The zoning amendment will have no impact on drainage. There were no comments from the audience. Hornbeck closed the hearing and asked for a motion. Motion by Macklin, seconded by Hamilton, to recommend approval of request #ZA to rezone the Hutchinson Regional Airport and adjoining City-owned properties inside the city limits from I-1 Light Industrial District, P/I Public and Institutional District and R-1 Single Household Suburban Residential District to A-I Airport Industrial Mixed Use District, based upon a finding that the factors required for approval are met passed with the following vote: Yes Macklin, Peirce, Carr, Peterson, Hamilton, Hornbeck. The City Council will consider this case on June 6, c. CUP , Conditional Use Permit: Request for a conditional use permit to install a new sign at 1809 E 17th Ave for the Hutchinson Mall Hornbeck asked if there were any outside contacts or conflicts of interest; there were none. Casey Jones, Senior Planner, presented the staff report for a new sign at 1809 E 17th Ave for the Hutchinson Mall. The applicant is Andy Weiner, Rockstep Hutchinson LLC, and the property owner is Bert E. Arnlund Family Limited Partnership. 6

9 The sign will replace the existing Hutchinson Mall sign that has been at this location for over 30 years. The existing sign is 30 feet high and 165 square feet in size. The proposed sign is 40 feet high and 300 square feet in size and is considered a billboard due to its size and off-premises location. Billboards in the C-4 District require conditional use permit approval prior to installation. The sign will be on the same lot as Chick-fil-A. The existing sign is nonconforming and cannot be altered. The proposed sign will not impact any utilities and will be constructed within the same footprint. Jones showed an elevation rendering of the sign that will be the maximum permitted size for this type of sign. The sign is being classified as a billboard though it does not look like a traditional billboard. The sign will only be used to advertise the Hutchinson Mall property. The Hutchinson Mall has recently constructed two Center ID signs on their property that are each about 250 square feet in size. The proposed sign is located on a designated Gateway Corridor. This proposal will provide an updated and more informative sign for the mall and it would conform to the Comprehensive Plan. Jones reviewed the factors for approval: ANALYSIS OF STANDARD FACTORS OF APPROVAL REQUIRED FOR CONDITIONAL USE PERMIT REQUESTS: Factor Analysis Met Not Met The neighborhood is entirely commercial in character and 1. Character of the carries a significant amount of traffic. A number of signs are neighborhood installed nearby along K-61 Highway and 17th Avenue. Location Zoning Use 2. Current zoning and uses of nearby property Subject Property 3. Suitability of the property for the proposed use as presently zoned 4. Extent of detrimental effects to nearby properties if the application were approved 5. Length of time the property has remained vacant 6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon the landowner if the application were denied C-4 Special Commercial District 7 Chick-fil-A restaurant and Hutchinson Mall sign North C-4 17th Avenue right-of-way South C-4 Murphy gas station and Walmart store East C-4 Verizon retail store West C-4 Parking lot for a use yet to be developed The Hutchinson Mall has had an off-premises advertising sign on this property for more than 30 years. The property is suitable for the proposed sign. The proposed sign will not have any detrimental effects on surrounding properties. The sign will be placed in the same location as the existing Hutchinson Mall sign. The property is not vacant. The existing sign was installed over 30 years ago, and the rest of the property was developed as a Chick-fil-A restaurant in Health, safety, and welfare: The proposed sign will improve visibility and awareness of the Hutchinson Mall and the retailers within it. The sign may also help motorists locate the entrance to the mall. The sign will also match the design and color scheme of the other signage on the mall s property. Landowner hardship: If the conditional use permit were denied, the applicant could not construct a replacement sign on the subject property. The applicant could change the face of the existing sign but could not structurally alter or enlarge the sign. Adding advertising for individual stores within the mall would not be possible.

10 7. Conformance of this request to the Comprehensive Plan 8. Impact on public facilities and utilities The Comprehensive Plan designates the subject property as Commercial. The proposed sign conforms to this land use designation. The existing electrical service to the sign will be reused for the new sign. A survey that was submitted to the City prior to development of the Chick-fil-A restaurant shows that the existing sign is not in conflict with underground utility lines buried near the sign. Since the new sign will be installed in the same location as the existing sign, Staff finds that there will be no impact on existing City utilities. Hornbeck asked if the sign could be illuminated by LED s. Jones said that an electronic billboard would require a conditional use permit and is subject to slightly more stringent standards, including distance from signalized intersections. This sign is not proposed to be a LED sign. Carr asked if Orscheln or Hobby Lobby could advertise on this sign. Jones said that, according to the staff-recommended conditions, those stores could not advertise on this sign because they are located on a different parcel and have a different address from the Hutchinson Mall. Hornbeck asked for the applicant presentation. Jeff Brewer, Luminous Neon, Inc., said Rockstep Hutchinson LLC representative, Racine Leahy, was in the audience and would like to address the Commission. Brewer said the proposed sign will improve the aesthetics of the property and promote the Hutchinson Mall to help it grow. There will be ten panels that are two-sided for tenants of the mall. Macklin asked about the plan to repair potholes in the mall parking lot and access roads. Ms. Leahy said an overlay to address potholes is planned for this summer. Jones said Staff recommends approval of this request with the following conditions: 1. This conditional use permit shall only be used for a billboard sign at 1809 East 17th Avenue. 2. The sign shall only be used to advertise businesses, services, products and events that are on the Hutchinson Mall property at 1500 East 11th Avenue. Use of the sign for advertising not related to the Hutchinson Mall property will require conditional use permit approval. 3. A sign permit shall be obtained prior to installation of the sign. 4. The sign shall be designed and installed according to the approved plans. 5. The sign shall be installed in the same location as the existing sign. 6. This conditional use permit shall expire on 5/16/2018, unless a sign permit has been obtained and construction has commenced. 7. Failure to comply with the conditional use permit conditions of approval may result in revocation of the conditional use permit. Hornbeck closed the hearing and asked for a motion. 8

11 Motion by Carr, seconded by Macklin to recommend approval of conditional use permit request #CUP to install a new sign at 1809 E 17th Ave for the Hutchinson Mall, based upon a finding that the factors required for approval are met and subject to the staffrecommended conditions of approval. The motion passed with the following vote: Yes Macklin, Peirce, Carr, Peterson, Hamilton, Hornbeck. The City Council will consider this case on May 16, UPCOMING CASES a. ZA , 4 Seasons Truck Wash Zoning Amendment (C-4 to I-2), 1701 E Blanchard Ave. May ADMINISTRATIVE CASES a. PR , Additions to Aldi store, 1711 N Waldron St Approved; Building permit pending. b. Chick-fil-A landscaping and irrigation system installation at 1809 E 17th Ave was approved today. c. Staff is working on a R-6 Residential Infill Zone which may require a subcommittee of the Planning Commission for review and input. d. Staff will be working on amendments to the Sign Code. 8. OTHER BUSINESS none. 9. OPEN COMMENTS FROM THE AUDIENCE none. 10. COUNCIL ACTION ON CASES none. 11. ADJOURNMENT The meeting adjourned at 6:15 p.m. Respectfully Submitted, Charlene Mosier, Planning Technician Approved this day of, 2017 Attest: 9

12 LOCATION MAP NOTIFICATIONS & REVIEW COMP PLAN COMPATIBILITY PROPERTY INFORMATION PROJECT SUMMARY STAFF PROPERTY PHOTO APPLICANT INFORMATION REQUEST STAFF Planning & Development Department 125 E Avenue B Hutchinson KS STAFF REPORT Planning Commission Board of Zoning Appeals DATE: May 05, 2017 Agenda Item #: CASE #: ZA PUBLIC HEARING: YES NO MEETING DATE: May 16, 2017 Comprehensive Plan Amendment Conditional Use Permit Final Plat Language Amendment Preliminary Plat Study Session Subdivision Variance Zoning Amendment Other Appeal Special Use Permit Variance STAFF REPRESENTATIVE: Aaron Barlow, Associate Planner RECOMMENDATION: APPLICANT: Dan Benewiat 4 Seasons Truck Wash 1701 East Blanchard Avenue Hutchinson, KS PROPERTY OWNER: Dan Benewiat 1701 East Blanchard Avenue Hutchinson, KS DESIGN PROFESSIONAL: Duncan Durr, Durr Engineering, LLC CONCURRENT APPLICATIONS: SIT , Truck Staging Area Site Plan APPROVAL APPROVAL WITH CONDITIONS DENIAL APPLICATION MATERIALS: See City website: The applicant is requesting a zoning amendment for the property located at 1701 East Blanchard Avenue from C-4 Special Commercial District to I-2 Industrial District. ZONING: C-4, Special Commercial District COMP PLAN DESIGNATION: Industrial The property is currently designated as Industrial on the Comprehensive Plan Land Use Map. A change in zoning from C-4 Special Commercial District to I-2 Industrial District will bring the property located at 1701 East Blanchard Avenue into conformance with the Comprehensive Plan. 4 Seasons Truck Wash, 1701 East Blanchard Avenue SUBDIVISION: Tracts EXISTING LAND USE: Truck Wash SITE IMPROVEMENTS: Truck wash, office building, asphalt parking SIZE OF PROPERTY: ACRES Subject Property DEVELOPMENT REVIEW: 04/25/2017 PUBLIC NOTICE PUBLISHED 04/24/2017, Hutchinson News N PROPERTY OWNER NOTICE MAILED: 04/17/2017 to 2 owners of 2 surrounding properties NEXT STEPS: City Council Consideration 06/06/17 FOR OFFICE USE ONLY Approved Approved with Conditions Denied Tabled

13 ZA PLANNING COMMISSION STAFF REPORT ZONING MAP AMENDMENT FOR 1701 EAST BLANCHARD AVENUE MAY 16, 2017 BACKGROUND: Truck Wash use permitted for 1701 East Blanchard Avenue as designated in Special Use Permit #97-SUP-12 Prior to March 9, 2017 Applicant installed unpermitted semi-trailer staging area made of asphalt millings March 9, 2017 Stop work order issued and Site Plan application submitted by applicant March 30, 2017 Staff recommended the applicant apply for a zoning amendment to change the property s zoning from C-4 Special Commercial District to I-2 Industrial District (Truck washes are permitted uses in the I-2 zone) April 11, 2017 Applicant submitted zoning amendment request April 14, 2017 Engineering Department sent a violation letter to the property owner advising him of the impacts from construction of the unpermitted semi-trailer staging area April 25, 2017 Applicant submitted legal description and elevation survey for the property ANALYSIS OF FACTORS REQUIRED FOR APPROVAL OF ZONING AMENDMENT REQUESTS: Factor Analysis Finding 1. Character of the neighborhood 2. Current zoning and uses of nearby property 3. Suitability of the property for its current zoning and use 4. Extent of detrimental effects to nearby properties if the application were approved 5. Length of time the property has remained vacant 6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon the landowner if the application were denied The subject property is located on E Blanchard Avenue (a frontage road for Highway 50) and is currently used as a truck wash (a permitted use in the I-2 zone and a conditional use in the C-4 zone). The property directly to the west has been approved as a truck repair and trailer storage facility and is under construction. Creekside Village Mobile Home Park and a mini storage facility are located to the east of the subject property. Location Zoning Use Subject Property C-4 Truck wash North C-4 Blanchard Avenue/Hwy 50 South I-2 Sun Valley Trucking East MP Manufactured home park and mini storage facility West I-2 Sun Valley Trucking The property is more suited to industrial uses than to commercial uses given its size, location and existing use. Expanding the current truck wash business, which is the desire of the applicant, would require a conditional use permit in the C-4 District the property s current zoning designation. Changing the zoning will allow for expansions with administrative review. Rezoning the property to I-2 may allow a more intense use of the property or an expansion of the existing use. The resulting dust, air pollution and noise could have a detrimental impact on the mobile home park to the east. Screening can mitigate some of these impacts. There was a landscaping screen that was required as part of the Special Use Permit (97- SUP-12) that authorized the existing truck wash. However, the trees associated with that screen have been removed and the property is not in compliance with the terms of the existing permit. Screening of industrial uses from residential uses is a requirement of of the City s Zoning Regulations. This issue will need to be addressed for both the existing development and expansions as part of site plan review. The property has been developed since at least 1997, when the City Council approved a Special Use Permit for the existing truck wash. Health, safety, and welfare: The zoning change will not have a significant impact on the public s health, safety, and welfare. Landowner hardship: The owner would be required to apply for a conditional use permit to expand the existing business on the property if the rezone request is not approved. 2 Not Met

14 ZA PLANNING COMMISSION STAFF REPORT ZONING MAP AMENDMENT FOR 1701 EAST BLANCHARD AVENUE MAY 16, Conformance of this request to the Comprehensive Plan 8. Impact on public facilities and utilities According to the Comprehensive Plan, the property s land use designation is industrial. The property s current zoning (C-4) is not in conformance with the Plan, and changing the zone to I-2 will bring the property into conformance. Streets An expansion of the current use or a more intense use allowed in an I-2 district may impact the volume and type of traffic on adjacent City-owned streets. Alleys Not applicable. There are no alleys in this area of the City. Sidewalks There are no sidewalks in this area. Water Expansion of the current (allowed in the I-2 zone) use may be more demanding on City-owned water utilities than current conditions. Sewer Expansion of the current (allowed in the I-2 zone) use may be more demanding on City-owned sewer utilities than current conditions. Drainage The property owner recently made significant changes to the site without permits and in violation of the City s Ordinances. A stop work order was issued by the Inspections Department. However, the property owner continued work and has impacted drainage in the area. Because the applicant is currently working with the Engineering Department to alleviate the impacts from the site change, staff recommends approving the request. ZONING MAP: 3

15 ZA PLANNING COMMISSION STAFF REPORT ZONING MAP AMENDMENT FOR 1701 EAST BLANCHARD AVENUE MAY 16, 2017 COMPREHENSIVE PLAN LAND USE MAP: PHOTOGRAPHS: Truck Wash and Office Asphalt Millings Staging Area 4

16 ZA PLANNING COMMISSION STAFF REPORT ZONING MAP AMENDMENT FOR 1701 EAST BLANCHARD AVENUE MAY 16, 2017 East Side of Property Looking North Current Trailer Staging Area Current Staging Area and Truck Wash Employees Parking Area LEGAL DESCRIPTION OF THE SUBJECT PROPERTY, 1701 EAST BLANCHARD AVENUE: A TRACT IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 SOUTH, RANGE 5 WEST OF THE SIXTH PRINCIPAL MERIDIAN, RECORDED IN RENO COUNTY REGISTER OF DEEDS IN BOOK 1055 ON PAGE 367, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE S89 D28'02"W, ALONG SECTION LINE, A DISTANCE OF FEET; THENCE S0 D31'51"E, A DISTANCE OF FEET TO THE SOUTH LINE EAST BLANCHARD AVENUE, AND THE POINT OF BEGINING; THENCE CONTINUING S0 D31'51"E, A DISTANCE OF FEET; THENCE N89 D26'09"E, A DISTANCE OF FEET; THENCE S0 D34'11"E, A DISTANCE OF FEET; THENCE S89 D41'05"W, A DISTANCE OF FEET; THENCE N0 D30'15"W, A DISTANCE OF FEET TO THE SOUTH RIGHT OF WAY SAID EAST BLANCHARD AVENUE; THENCE N51 D49'48"E, A DISTANCE OF FEET; THENCE N88 D14'23"E, A DISTANCE OF FEET TO THE POINT OF BEGINNING; TRACT CONTAINS ACRES, SUBJECT TO THE ROAD RIGHT OF WAY OF RECORD, AND ANY OTHER EASEMENTS OF RECORD; ALL IN RENO COUNTY, KANSAS. 5