BZA Agenda Packet 100918

AGENDA BOARD OF ZONING APPEALS Tuesday, October 9, 2018 – 5:30 PM City Council Chambers 125 East Avenue B, Hutchinson, Kansas

1. ROLL CALL Richardson Hamilton Carr (Vice Chair)

Vacant Wells Peterson

Bisbee Roberts-Ropp Hornbeck (Chair)

2. APPROVAL OF MINUTES – Meeting of August 14, 2018.

3. CORRESPONDENCE & STAFF REPORTS – Motion to accept documents into the official record.

4. PUBLIC HEARINGS a.

SUP18-000002 – Request to conduct a multiple family use for the property located at 00000 S Plum St. (Parcel No. 1262401002001000).

Request to build a 16-unit multiple family development at the above-mentioned address. (Staff Representative: Amy Allison, Senior Planner) Action: Motion to (approve / modify and approve / deny) special use permit request SUP18-000002 to conduct a multiple family use for the property located at 00000 S Plum St. (Parcel No. 1262401002001000).

5. UPCOMING CASES – None 6. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.)

7. ANNOUNCEMENTS – None 8. ADJOURNMENT

Staff Contacts:

Jim Seitnater Amy Allison Charlene Mosier

620-694-2667 620-694-2638 620-259-4133

Aaron Barlow Jade D. Shain

620-259-4198 620-259-4134

BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, AUGUST 14, 2018 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1.

ROLL CALL The Board of Zoning Appeals meeting was called to order at 5:30 p.m. with the following members present: Jon Richardson (4/4), Tommy Hornbeck (4/4), Terry Bisbee (4/4), Darryl Peterson (4/4), Janet Hamilton (3/4), Valerie Roberts-Ropp (3/4), and Brock Wells (2/4). Members Todd Carr (3/4) and Mark Woleslagel (1/4) were absent.

Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; and Jade Shain, Planning Technician.

2.

APPROVAL OF MINUTES The minutes of the July 10, 2018 meeting were approved on a motion by Carr, seconded by Hamilton, passed unanimously.

3.

CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Bisbee, seconded by Peterson, passed unanimously.

4.

PUBLIC HEARING a. ZV18-000003 – Request for a variance from Sec. 27-917 distance requirements for salvage yards, for the property located at 316 Spencer Street.

Hornbeck asked for the staff presentation. Shain provided the staff presentation.

The property at 316 Spencer St., owned by Edwin Manche, is requesting a variance from the 300’ distance requirement for salvage yards from residential districts. The property is 225’ away from the nearest residential district. Shain presented the findings of fact required for variance requests:

Finding 1. The request for a variance must arise from a condition which is unique to the property in question, is not commonly found on other parcels in the same zone or district and is not created by an action or actions of the property owner or applicant.

Analysis The subject property is in a neighborhood where industrial and commercial uses are mixed together. This neighborhood was developed long before it was annexed by the City. Though no residential uses are immediately adjacent to the subject property, there are residential uses side-by-side to industrial uses along Bonebreak, Tydall, Spencer, and 3rd Street. The subject property is 170’ south from 4th Avenue (a major arterial in the City with a large volume of traffic) and 279’ east to K-61goo. Considering these factors, it would not be unusual for a salvage yard to be in this neighborhood. In the I-2 Industrial District, salvage yards are a permitted use with a Conditional Use Permit.

Per the Hutchinson Zoning Regulations, salvage yards must be located a minimum of 300’ from residential districts. The subject property is 275’

Met | Not Met

 Met

BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, JULY 10, 2018

Finding

2. Granting of the variance must not adversely affect the rights of adjacent property owners or residents.

3. Strict application of the zoning regulations must cause an unnecessary hardship for the property owner. The variance must not merely serve as a convenience to the applicant but must alleviate some demonstrable or unusual hardship or difficulty.

4. Granting of the variance must not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

5. Granting of the variance must not be contrary to the general spirit and intent of the Zoning Regulations.

Analysis from the R-4 zoning district to the south of 3rd Street; therefore, a variance would be required prior to obtaining a Conditional Use Permit.

Met | Not Met

The Board of Zoning Appeals considered a similar case in March of 2013 (13-BZA-03). In that case, almost all of the subject property (3400 E 4th) was within the 300’ feet of the R-4 residential zoning district. The Board approved this request unanimously.

Since the Zoning Regulations require salvage yards to be screened on all sides, staff does not feel this use would adversely affect the rights of adjacent property owners or residents.

If the variance request is not approved, the applicant will not be able to continue to use the land as a salvage yard. This would represent a hardship to the property owner because his business depends on having a place to store inoperable vehicles.

In the City of Hutchinson, there are 570 properties that are zoned either I2 or I-3 where a salvage yard use could occur. However, 303 of those properties (53%) would need a variance from 27-917 because they fall within 300’ of a residential use.

The request would not adversely affect the public health, safety, morals or general welfare of the City. This is because a salvage yard use requires a Conditional Use Permit.

The location of this salvage yard is in an area zoned for this type of use with a Conditional Use Permit. In this case, the variance exceeds the minimum distance restriction by only seventy-five feet.

 Met

 Met

 Met

 Met

Hornbeck asked the applicant to address the Board. Manche said he is excited for the opportunity to develop his property.

Hornbeck asked for Staff to provide the recommendation. Shain said staff recommends approval of the variance request. Hornbeck closed the public hearing and asked for a motion.

Motion to approve variance request ZV18-000003 from the requirements of the Hutchinson Zoning Regulations, §27-917 for the property located at 316 Spencer St., until the applicant has submitted a Conditional Use Permit application.

2

BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, JULY 10, 2018

5.

UPCOMING CASES a. None

6.

OPEN COMMENTS FROM THE AUDIENCE a. There were no comments from the audience.

7.

ANNOUNCEMENTS a. None.

8.

ADJOURNMENT – The meeting adjourned 5:45 p.m.

Respectfully Submitted, Jade Shain, Planning Technician

Approved this 9 day of October 2018

Attest:

3

STAFF REPORT

 Planning Commission  Board of Zoning Appeals

CASE #: SUP18-000002 PUBLIC HEARING: YES NO MEETING DATE: October 9, 2018

DATE: September 28, 2018

 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

REQUEST

Planning & Development Department 125 E Avenue B | Hutchinson KS 67501 620.694.2639

Agenda Item #: ____

00000 S Plum St.

APPLICANT INFORMATION

 TABLE

DESIGN PROFESSIONAL: Daniel Garber, Garber Surveying Vance Voth, Engineering Consultants PA Sarah Sipe, Landmark Architects CONCURRENT APPLICATIONS:

N/A

The proposed multi-family development is located in an older, developed neighborhood identified as a good location for infill through the Residential Infill Program. Goal G.2.1.b. of the Comprehensive Plan advocates for creating a desirable community for residential development, including the area south of 11th Avenue.

Strategies identified for this goal where to reduce barriers for infill development so projects such as the one proposed could occur.

ZONING: R-6 Residential Infill District (City Council approved 9/16/2018) PROPERTY INFORMATION

Request for a Special Use Permit to conduct a Multi-Family use in the R-6 Residential Infill District located at 00000 S Plum St. (SW corner of S Plum St. and E Avenue G)

Subject Property

COMPREHENSIVE PLAN DESIGNATION: High Density Residential SUBDIVISION: G.C. Millar’s South Addition EXISTING LAND USE: Vacant land SITE IMPROVEMENTS: None SIZE OF PROPERTY: Approx. 55, 023 square feet

NOTIFICATIONS & REVIEW

LOCATION MAP

00000 S Plum St.

PROPERTY OWNER: Interfaith Housing Services, Inc.

APPLICATION MATERIALS: See City website: www.hutchgov.com

PROJECT SUMMARY

 DENIAL

COMP PLAN COMPATIBILITY

STAFF

PROPERTY PHOTO

APPLICANT: Clint Nelson Interfaith Housing Services, Inc.

RECOMMENDATION:  APPROVAL WITH STAFFRECOMMENDED CONDITIONS

STAFF REPRESENTATIVE: Amy Allison, AICP Senior Planner

DEVELOPMENT REVIEW: 9/25/2018 PUBLIC NOTICE PUBLISHED 9/5/2018, Hutchinson News PROPERTY OWNER NOTICE MAILED: 9/7/2018 to 19 owners of 25 surrounding properties NEXT STEPS: Building Permit

FOR OFFICE USE ONLY    

Approved Approved with Conditions Denied Tabled

N

SUP18-000002 Multi-Family Use in R-6 District

BZA STAFF REPORT 10/9/2018 HEARING DATE

ANALYSIS OF STANDARD FACTORS OF APPROVAL FOR SPECIAL USE PERMIT REQUESTS: Finding 1. Character of the neighborhood

2. Current zoning and uses of nearby property

Analysis The subject property is located in a predominately residential neighborhood with a duplex located adjacent and industrial about one block to the east. The style of the development, with a mixture of duplex and four-plex structures would blend with the existing adjacent duplex. The development qualifies as multi-family due to the number of housing units (16) being located on one lot.

Location Subject Property North South East West

Zoning R-6 Residential Infill

Use

R-6 Residential Infill R-6 Residential Infill R-6 Residential Infill R-6 Residential Infill

Single-family residential Single-family residential Single-family residential Duplex Residential

Met | Not Met  Met

Vacant Lot

 Met

3. Suitability of the property for the proposed use as presently zoned

The proposed use is for multi-family, which has a slightly higher impact than the single-family residences. The property in question was originally subdivided as 12 separate lots. As originally designed, 12 single family structures would be permitted to built on this lot. Within that context, 16 units would not be a significant increase from the original 12.

 Met

4. Extent of detrimental effects to nearby properties if the application were approved

The banquet hall is not anticipated to have detrimental impacts on nearby properties. No comments have been submitted by surrounding property owners.

 Met

5. Length of time the property has remained vacant

According to the applicant, the property has been a vacant lot for more than 20 years. The applicant is hoping to convert the property to a multi-family development as a way to provide housing in an underserved part of the community.

 Met

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: The multi-family use is not expected to have adverse impacts on the public health, safety and welfare.

7. Conformance of this request to the Comprehensive Plan

This request conforms to the Comprehensive Plan, which calls for promoting residential infill projects, as well as increasing housing quality in depressed neighborhoods.

 Met

8. Impact on public facilities and utilities

This is an undeveloped site with existing infrastructure. No impacts on public facilities and utilities are anticipated.

 Met

Landowner hardship: If the special use permit is not granted, the landowner would be unable to use the property as multi-family and the land would likely remain vacant.

2

 Met

SUP18-000002 Multi-Family Use in R-6 District

BZA STAFF REPORT 10/9/2018 HEARING DATE

SITE PLAN REVIEW: Item Front yard setback

Standard 15 feet

Side and rear yard setback

10 feet W; 3 feet S; 7.5 feet N

Building Height Maximum Lot Coverage Driveway Surfacing Drive Aisle Width Parking

35 feet 50% Asphalt or Concrete 24 feet 1 per housing unit, 16 total

Landscaping & Screening

30% of lot must be landscaped The property must be screened from the duplex on the west.

Loading Space Disabled Parking

N/A 1 van accessible

Trash Enclosure Screening

N/A

Provided 25 feet 25’-N, approx.. 10’ W;and 10’-S 16 feet 32.5% Concrete 24 feet Minimum of 16 spaces 67% of lot is landscaped with majority being live materials.

A live screened buffer is proposed.

None 1 van accessible Property will be using polycarts

Met |Not Met  Met  Met  Met  Met  Met  Met  Met  Met  Met  Met  Met

DRC MEETING: The Development Review Committee considered this item and provided comments on 9/25/2018.. Comments were as follows: PLANNING AND DEVELOPMENT COMMENTS [Amy Allison] 1. Revised Plans Needed - Please show proposed screening from property on the west.

2. Revised Plans Needed - Please indicate the location of one van-accessible handicap space ( 15 x 18 ft).

3. Revised Plans Needed - Indicate what the paving material that will be used.

4. Revised Plans Needed - Show the width of the drive aisle for the driveway on the west end of the property.

5. Revised Plans Needed - Provide dimensions of at least one unit.

6. Revised Plans Needed - Provide height of structure on elevation.

7. Revised Plans Needed - Indicate materials used for exterior on elevations DRC FOLLOW UP: The applicant provided a revised site plan on 10/01/2018 with the requested revisions shown. The site plan meets the requirements set forth in the Zoning Regulations.

PUBLIC COMMENTS: No comments on this request have been received from the public.

3

SUP18-000002 Multi-Family Use in R-6 District

ZONING MAP New R-6 Residenital Infill District Designation Approved 9/16/2018

COMPREHENSIVE PLAN LAND USE MAP

4

BZA STAFF REPORT 10/9/2018 HEARING DATE

SUP18-000002 Multi-Family Use in R-6 District

BZA STAFF REPORT 10/9/2018 HEARING DATE

SITE PLAN (ORIGINAL):

5

SUP18-000002 Multi-Family Use in R-6 District

BZA STAFF REPORT 10/9/2018 HEARING DATE

PHOTOGRAPHS OF 0 S PLUM ST PROPERTY:

EXHIBITS: A. Site Plan B. Landscape Plans C. Elevations D. Survey E. Staff-Recommended Conditions of Approval

6

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EAST AVENUE G Interfaith Special Housing

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Exhibit C

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SUP18-000002 | 0 S Plum St | Multiple Family Use in the R-6 Zoning District Staff-recommended Conditions of Approval 1. This special use permit shall only be used for a multiple family use at the above-listed location.

2. All required permits shall be obtained prior to any construction.

3. The proposed development is approved with the use of poly-cart trash cans. Should the applicant choose to use a dumpster, a revised site plan with required screening will need to be submitted and approved prior to installation.

4. If new signage is to be installed, a permit is required from the Planning & Development Department.

5. If fencing is to be installed, a permit is required from the Planning & Development Department.

6. Prior to installation of the required paving, a permit is required from the Planning & Development Department.

7. An occupancy permit shall be required prior to use of the building.

Attached by the Board of Zoning Appeals this: ___ day of ______________ ATTEST: __________________________________________