AGENDA HUTCHINSON PLANNING COMMISSION Tuesday, December 1, :00 p.m. City Council Chambers 125 East Avenue B, Hutchinson, Kansas

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1 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday, December 1, :00 p.m. City Council Chambers 125 East Avenue B, Hutchinson, Kansas 1. ROLL CALL Martin Weinmeister Macklin Woleslagel Bisbee Hamilton Obermite Peirce (Vice Chair) Thompson (Chair) 2. WELCOME BY CHAIRPERSON 3. APPROVAL OF MINUTES Meeting of November 17, CORRESPONDENCE & STAFF REPORTS Motion to accept documents into the official record. 5. RESOLUTION OF MEETING DATES FOR PUBLIC HEARINGS a. 15-CUP-12: 925 E 30th Ave, request for an electronic billboard sign Applicant: Cy Lansdown, Affordable Sign & LED Owner: Scott Tajchman, T & H Real Estate LLC Staff Representative: Casey Jones, AICP, Senior Planner 7. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 8. OTHER BUSINESS a. Presentation of clocks to outgoing Commissioners: 9. ADJOURNMENT - Jack Martin - Josie Thompson - Rod Weinmeister Staff Contacts: Jana McCarron Casey Jones Amy Denker Stephanie Stewart Charlene Mosier

2 1 MINUTES CITY PLANNING COMMISSION TUESDAY, NOVEMBER 17, 2015 CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. The Planning Commission meeting was called to order at 5:00 p.m. with the following members present: Jack Martin, Terry Bisbee, Janet Hamilton, Harley Macklin, Robert Obermite, Rod Weinmeister, Mark Woleslagel, Ken Peirce, and Josie Thompson. Staff present were Jana McCarron, Director of Planning and Development; Casey Jones, Senior Planner; Stephen Hughes, Associate Planner; and Charlene Mosier, Planning Technician. 2. Thompson welcomed everyone in attendance. 3. INTRODUCTION OF NEW STAFF MEMBER 3a. McCarron introduced Stephanie Stewart, Planning Technician, who is from Hutchinson. She began employment on November 9, APPROVAL OF MINUTES The minutes of the November 3, 2015, meeting were approved on a motion by Bisbee, seconded by Macklin, passed unanimously. 5. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Bisbee, seconded by Macklin, passed unanimously. 6. PUBLIC HEARINGS 6a. 15-ZA-09: 100 N. Pershing St. Request to rezone property from I-1 to R-4. Applicant/Owner: Gretchen Pereschuk, Wells Fargo Owner: Federal Home Loan Mortgage Corporation (Freddie Mac) Staff Representative: Casey Jones, Senior Planner Thompson asked if there were any outside contacts or conflicts of interest; there were none. A motion was made by Hamilton, seconded by Woleslagel to remove this item from the Table and conduct the Public Hearing. The motion passed unanimously by acclamation. Jones presented the staff report for the case. The request is to rezone the property at 100 N. Pershing St. from I-1 Light Industrial District to R-4 Residential Neighborhood Conservation District. The case was tabled at the last meeting at the request of the applicant. November 17, 2015 Planning Commission Minutes

3 2 There have been no changes to the report. The property is a single family dwelling that has been foreclosed. The current owner is Federal Home Loan Mortgage Corporation (Freddie Mac). The property is not in compliance with Freddie Mac s regulations because of the current zoning of the property. If the property is not rezoned, Wells Fargo will need to repurchase the property from Freddie Mac. The house cannot be rebuilt in the I-1 District and cannot be used as a house again if it remains vacant for longer than one year. Rezoning the property to R-4 would permit the house to be rebuilt but not with the same footprint and variances from the front and side yard requirements would be needed. The house is close to the railroad tracks and other industrial uses and the lot is only 40 wide. The house is permanently attached to the adjacent, separately owned industrial storage building by an enclosed breezeway. A building permit was granted for the breezeway in The industrial building is zoned I-1 and is located on a separate lot from the house. Both the industrial building and the house encroach into the 5-feet side yard building setback located on either side of the adjoining property line and both structures are considered nonconforming. Since the house and industrial building are located on separate lots and the house is now under separate ownership, code-compliant fire separation needs to be provided between the two structures. The Building Official and Planning Staff agree that prior to approving any change in zoning, the passageway must be removed or a firewall must be installed to provide proper separation between the two uses. A map of the area was shown along with photos of the property. The Future Land Use Map calls for low density residential uses for the property and the minimum lot size in the R-4 District is currently 9,000 sq. feet. The subject property is 5,216 square feet. A public hearing notice was published in The Hutchinson News on October 13, Notices were sent to 15 owners of 17 properties within 200 feet of the subject property. Jones reviewed the analysis of the factors the Planning Commission must consider when making a recommendation for rezoning: 1. Character of the neighborhood Not met. 2. Current zoning and uses of nearby property Not net. 3. Suitability of the property for the proposed use as presently zoned Not met. 4. Extent of detrimental effects to nearby property owners if the application were approved Not met. 5. Length of time the property has remained vacant Not met. 6. Relative gain to the public health, safety, and welfare compared to the hardship imposed upon the landowner if the application were denied Not met. 7. Conformance of this request to the comprehensive Plan Met. 8. Impact of public facilities and utilities Met. Thompson asked for the applicant presentation. Joseph Esry, Associate Attorney, Kozeny & McCubbin L.C., 4210 Shawnee Mission Pkwy, Suite 203A, Shawnee Mission, Kansas 66105, representing Federal Home Loan Mortgage Corp., said this property was acquired from Wells Fargo and will have to be sold back if the rezoning is not approved. He said the breezeway was permitted to be constructed and there are other residential uses in the area. November 17, 2015 Planning Commission Minutes

4 3 The potential client only wants use of the house and not the adjacent industrial building. The door was unable to be opened to the industrial building from the attached breezeway. The property line runs through the breezeway. The property cannot be insured if the zoning is not changed because the house would not be permitted to be rebuilt. There were no comments from the audience. Thompson asked for the staff recommendation. Jones said staff recommends denial of the request. Thompson closed the hearing and asked for a motion. Motion by Macklin, seconded by Bisbee to recommend to the City Council denial of this request to rezone the property at 100 N. Pershing St. from I-1 Light Industrial District to R-4 Residential Neighborhood Conservation District based upon due consideration of the following factors: 1. Character of the neighborhood; 2. Zoning and uses of nearby property; 3. Suitability of the property for the proposed zoning classification and use; 4. Impacts of nearby properties; 5. Length of time the property has remained vacant; 6. Relative gain to the public health, safety, and welfare, as compared with the hardship to the land owner if the application were denied; 7. Availability of public utilities to serve the development; 8. Conformance to the Comprehensive Plan; and 9. Recommendations of the professional staff. The motion passed with the following vote: Yes Woleslagel, Obermite, Weinmeister, Hamilton, Martin, Bisbee, Macklin, Thompson. No Peirce. The City Council will hear this case on December 15, OPEN COMMENTS FROM THE AUDIENCE None. 8. OTHER BUSINESS None. 9. ADJOURNMENT The meeting adjourned at 5:25 p.m. Respectfully Submitted, Charlene Mosier Approved this day of Attest: November 17, 2015 Planning Commission Minutes

5 RESOLUTION NO PC-02 A RESOLUTION SETTING THE TIMES, DATES, AND PLACES OF MEETINGS OF THE HUTCHINSON PLANNING COMMISSION WHEREAS, the HUTCHINSON PLANNING COMMISSION conducts public hearings, considers various matters, and makes recommendations to the City Council of the City of Hutchinson, Kansas; and WHEREAS, K.S.A stipulates that the Planning Commission shall meet at least once a month at a time and place set by resolution of the Planning Commission; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF HUTCHINSON, KANSAS, that: SECTION 1. The regular meetings of the Planning Commission shall be held in City Hall, 125 East Avenue B, Hutchinson, Kansas. SECTION 2. Regular meetings of the Planning Commission shall be held on the following dates in 2016: January 5 April 5 July 5 October 4 January 19 April 19 July 19 October 18 February 2 May 3 August 2 November 1 February 16 May 17 August 16 November 15 March 1 June 7 September 6 December 6 March 15 June 21 September 20 December 20 SECTION 3. Regular meetings of the Planning Commission shall commence at 5:00 p.m. SECTION 4. The Chairperson or Vice-Chairperson may call special meetings of the Planning Commission and may set the time, date, and place of the special meeting. SECTION 5. The Chairperson or Vice-Chairperson may change the time, date, and place of a regular meeting and may cancel a regular meeting ADOPTED BY THE PLANNING COMMISSION THIS 1 st day of December, ATTEST: Chairperson Jana McCarron, Director of Planning and Development P:\MIN_AGEN\Agendas\2015\ PC Meeting Items\PC RESOLUTION 2015-PC-02.docx

6 Planning Commission Staff Report Public Hearing: 12/1/2015 November 20, 2015 TO: FROM: SUBJECT: OWNER: AGENT: Hutchinson Planning Commission Casey Jones, AICP, Senior Planner 15-CUP-12: Request for a conditional use permit for an electronic billboard sign at 925 East 30th Avenue T & H Real Estate LLC c/o Scott Tajchman Cy Lansdown, Affordable Sign and LED REQUEST: The applicant has requested conditional use permit approval for an electronic billboard sign at 925 East 30th Avenue in Hutchinson. This property is zoned C-4 Special Commercial District. According to D.1. of the City of Hutchinson Zoning Regulations, electronic billboard signs require a conditional use permit in the C-4 District. STAFF RECOMMENDATION: Staff recommends approval of this request with the following conditions: Conditions 1. This conditional use permit shall only be used for an electronic billboard sign at 925 East 30th Avenue. 2. The applicant shall obtain a sign permit prior to installing the sign. 3. The sign shall be designed and installed according to the approved plans. 4. Brightness of the sign shall be automatically controlled as required by city code. 5. The sign shall meet the clearance requirements of Westar Energy. 6. No additional freestanding signage shall be permitted on the property. MOTION: Motion to recommend to the City Council (approval / denial) of this request for a conditional use permit for an electronic billboard sign at 925 East 30th Avenue based upon due consideration of the following factors: Factors: 1. Character of the neighborhood; 2. Zoning and uses of nearby property; 3. Suitability of the property for the proposed zoning classification and use; 4. Impacts on nearby properties; 5. Length of time the property has remained vacant; 6. Relative gain to the public health, safety, and welfare, as compared with the hardship to the land owner if the application were denied; 7. Availability of public utilities to serve the development; 1 of 4

7 15-CUP-12 Staff report for December 1, 2015, Planning Commission meeting Factors (continued): 8. Conformance to the Comprehensive Plan; and 9. Recommendations of the professional staff. ANALYSIS: The following is staff s analysis of development standards for the subject property. The property is zoned C-4 Special Commercial District. Item Standard Standard Met? 1. Sign Type The proposed sign is classified as a Center ID Sign with an electronic billboard and an internallyilluminated, on-premises sign. Subject to approval. A billboard in the C-4 District requires CUP approval. A Center ID sign is permitted by right. 2. Sign Setback from Property Line 3. Power Line Clearance In the C-4 District, no front yard setback is required for signs. City Code requires 8 feet of clearance, and Westar Energy requires 10 feet of clearance, from power lines to meet NESC (National Electric Safety Code) standards. 3. Sign Height Maximum height in C-4 District: Billboards: 40 feet Center ID Signs: 30 feet 4. Sign Size Maximum size in the C-4 District: Billboards: 300 square feet Center ID Signs: 250 square feet 5. Sign Brightness Signs cannot shine directly onto residential property, and illumination shall not exceed 0.3 foot candles at the property line of an adjacent residential use. Met. The existing sign appears to be set back approximately 9 feet from the North property line. Unknown. The electronic message billboard will be placed upon an existing pole in the same location as an existing sign. The applicant will be responsible for meeting all clearance requirements. Met. The proposed sign measures 30 feet. Met. The electronic billboard will be 200 square feet. The sign below the billboard will be 48 square feet. Met. The sign s brightness will be automatically controlled. No residential uses are adjacent to this property. PUBLIC NOTIFICATION AND COMMENTS: A public hearing notice was published in the Hutchinson News on September 28, Public hearing notices were also mailed to the owners of all seven owners of the properties located within 200 feet of the subject property. No comments were received. DEVELOPMENT REVIEW COMMITTEE: On November 3, 2015, a request for comments was sent to members of the Development Review Committee, with a requested comment deadline of November 13, Shan Hastings of Westar Energy commented that the sign will need to be a minimum of ten feet, measured horizontally from the conductor on the cross arm of the pole, to the sign to meet NESC line clearance. 2 of 4

8 15-CUP-12 Staff report for December 1, 2015, Planning Commission meeting FACTORS: Following is staff s analysis of the factors that the Planning Commission must consider when making its recommendation. 1. Character of the neighborhood. Met. This neighborhood is characterized by commercial uses, including several restaurants, a car wash, a financial planner s office, and a chiropractor s office. 2. Current zoning and uses of nearby property. Met. An electronic billboard sign is compatible with the zoning and uses of surrounding properties. SITE ZONING LAND USE OWNER C-4 Special Commercial District Financial planner s office and vacant restaurant T & H Real Estate LLC c/o Scott Tajchman NORTH C-4 Special Commercial District Car wash Fastlane Express Car Wash LLC SOUTH C-4 Special Commercial District Lumber storage building John A. and Patricia D. Bogle EAST C-4 Special Commercial District Webb chiropractic office; Vacant lumber store John A. and Patricia D. Bogle WEST C-4 Special Commercial District Carlos O Kelly s restaurant Robert L. Boyd Trust 3. Suitability of property for the proposed use as presently zoned. Met. 4. Extent of detrimental effects to nearby properties if the application were approved. Met. No detrimental impacts are anticipated. 5. Length of time property has remained vacant. Met. The Montana Mike s restaurant has been vacant approximately five years. Edward Jones financial advisor s office presently occupies a portion of the building and has a separate monument sign located on the east side of the entry drive to the property. See the photo at right. 6. Relative gain to the public health, safety, and welfare compared to the hardship imposed upon the landowner if the application were denied. Health, safety, and welfare: No impacts are anticipated. Met. Landowner hardship: If the application were denied, the owner would not be permitted to install an electronic billboard sign on this property and the upper sign cabinet would go unused. Met. 3 of 4

9 15-CUP-12 Staff report for December 1, 2015, Planning Commission meeting 7. Conformance of this request to the Comprehensive Plan. Met. The Comprehensive Plan calls for commercial uses on this property. Billboard signs are permitted as a conditional use in the C-4 and C-5 Districts. Signs are not addressed in the Comprehensive Plan. 8. Impact on public facilities and utilities. Uncertain. An accurate measurement of the clearance of the sign from the existing overhead lines has not been provided. Staff has forwarded Westar s comments to the applicant. This information will need to be provided and the issue resolved by the time of the public hearing. EXHIBITS: A. Conditional Use Permit Application, Site Plan, and Sign Elevation Drawing B. Zoning Map C. List of Surrounding Property Owners CC: Jana McCarron, AICP, Director of Planning and Development 4 of 4

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18 OREILLY AUTO ENTERPRISES, LLC 1101 E 30TH AVE SPANGLES, INC 1107 E 30TH AVE SEVERANCE ST 15-CUP-12: Zoning Map R5 C1 Exhibit B P/I ONEAL PROPERTIES 1100 E 30TH AVE 30TH AVE SEVERANCE ST C4 SEVERANCE ST BOYD, ROBERT L TRUST 909 E 30TH AVE TAJCHMAN, SCOTT 925 E 30TH AVE BOGLE, JOHN A & PATRICIA D 1035 E 30TH AVE PEERLESS TYRE CO 1105 E 30TH AVE MIDWAY REAL ESTATE LLC 1111 E 30TH AVE COMPOUND DR Legend C1 R4 27TH AVE R3 R3 Subject Property 200 Feet Radius Parcel Boundaries 925 E. 30th Ave., Hutchinson, KS Feet

19 15-CUP-12 Property Notification List Exhibit C FID OWNER OF RECORD MAILING ADDRESS CITY STATE ZIP PROPERTY ADDRESS PARCEL ID 0 DIRT DEVELOPERS LLC BENSON STE 2320 OVERLAND PARK KS E 30TH AVE DIRT DEVELOPERS LLC BENSON STE 2320 OVERLAND PARK KS E 30TH AVE FAST LANE CAR WASH LLC 507 N WHITESIDE ST HUTCHINSON KS E 30TH AVE KEITH HOOGLAND LIMITED PARTNERSHIP 2500 LEHIGH AVE GLENVIEW IL E 30TH AVE UNITED STATES BEEF CORP C/O SAVAGE SAVAGE & BROWN PO BOX OKLAHOMA CITY OK E 30TH AVE JOHN A AND PATRICIA D BOGLE W COUNTRY CLUB DR HUTCHINSON KS E 30TH AVE T & H REAL ESTATE LLC 335 N WASHINGTON ST STE 125 HUTCHINSON KS E 30TH AVE ROBERT L BOYD TRUST PO BOX 3266 HUTCHINSON KS E 30TH AVE ROBERT L BOYD TRUST PO BOX 3266 HUTCHINSON KS N SEVERANCE ST DONALD E SCHINSTOCK LIVING TRUST 1004 E 27TH AVE HUTCHINSON KS E 27TH AVE VINCENT G AND PATRICIA A RAMOS 1002 E 27TH AVE HUTCHINSON KS E 27TH AVE SOUTH 11 SCOTT L HOEFER 910 S MAIN ST HUTCHINSON KS E 27TH AVE KYOUNG S ALONZO 3309 N PRAIRIE HILLS DR HUTCHINSON KS E 27TH AVE PIETER D AND TAMMY H MILLER 910 E 27TH AVE HUTCHINSON KS E 27TH AVE CYNTHIA A VINCENT AND CONNIE K 14 LINK 3416 N MAPLE ST HUTCHINSON KS B E 27TH AVE R KAYE PATTERSON 908 A E 27TH AVE HUTCHINSON KS A E 27TH AVE NEW CHALLENGE INC PO BOX 399 HUTCHINSON KS E 27TH AVE NEW CHALLENGE INC PO BOX 399 HUTCHINSON KS E 27TH AVE