COLWICH CITY PLANNING COMMISSION MINUTES OF MONTHLY MEETING TUESDAY, SEPTEMBER 25, 2001 CITY ADMINSTRATIVE CENTER, 310 S. 2 ND, STREET, 7:30 P.M.

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1 COLWICH CITY PLANNING COMMISSION MINUTES OF MONTHLY MEETING TUESDAY, SEPTEMBER 25, 2001 CITY ADMINSTRATIVE CENTER, 310 S. 2 ND, STREET, 7:30 P.M. 1. Call to Order Roll Call The following seven members were present: Richard Suellentrop, Jean Botkin, Kathy Huhman, Debbie Cutler, Ben Harlow, Vicky Blasi and Rita Knoblauch. Dennis Gruenbacher was excused and Julie McClain was absent. Staff present were city clerk/zoning administrator Diana Brooks and commission secretary Pam Gorges. Visitors were Mayor LaVina Keiter, John Weber, Mark Gilbert, and Kelly Liles. 2. Approval of the agenda Motion JEAN BOTKIN to approve the agenda. VICKY BLASI seconded. Motion carried Approval of minutes A. Planning Commission meeting of July, 31, 2001 Motion VICKY BLASI to approve the minutes of the Planning Commission s monthly meeting of Tuesday, July 31, RITA KNOBLAUCH seconded. Motion carried 4-0. Kathy Huhman, Debbie Cutler and Ben Harlow abstained due to being absent at the July 31, 2001 meeting. B. Planning Commission meeting of August 28, 2001 Motion JEAN BOTKIN to approve the minutes of the Planning Commission s monthly meeting of Tuesday, August 28, BEN HARLOW seconded. Motion carried 3-0. Vicky Blasi, Rita Knoblauch, Debbie Cutler and Kathy Huhman abstained due to being absent at the August 28, 2001 meeting. 4. Public agenda There was nothing on the public agenda at this time 5. Public Hearings The Planning Commission convened as the Board of Zoning Appeals at 7:37 p.m. to hear the following: A. Public Hearing on the variance application BZA-V to reduce the front yard setback approximately 15 feet. 1

2 CALL TO ORDER: Chairman Suellentrop stated that it was 7:37 p.m. and called Agenda item #5A a public hearing on Case No. BZA-V pursuant to Section of the City Zoning Regulations requesting a variance of approximately 15 feet from the required front yard setback limitation for the purpose of constructing three parking spaces on property zoned as the R-1 Single Family Residential District. He welcomed those interested in the hearing and laid out a few ground rules: (SEE ATTACHMENT A) DISQUALIFICATION DECLARED AND QUORUM DETERMINED: Chairman Suellentrop asked if any of the members of the Planning Commission intended to disqualify himself or herself from the hearing, discussing and voting on this case because they or their spouses own property in the area of notification or have conflicts of interests or a particular bias on this matter. NO ONE disqualified himself/herself. Chairman Suellentrop declared that a quorum of seven was present for the hearing. NOTIFICATION: Chairman Suellentrop stated that the Secretary had a notice for the hearing published in the Mount Hope Clarion on August 2, 2001 and notices were mailed to the applicant and 10 real property owners of record in the area of notification on August 7, He stated that unless there was evidence to the contrary from anyone present, he would declare that proper notification had been given. No evidence was presented. Diana Brooks, Zoning Administrator, wanted the minutes to reflect that this case was carried over from the last meeting due to lack of quorum and that re-notification and re-publication was not necessary. EX PARTE COMMUNCATIONS: Chairman Suellentrop asked the Planning Commission members if anyone had received any ex parte verbal or written communications prior to the hearing which they would like to share with all the members. No one had received any ex parte communications. ZONING ADMINISTRATOR S REPORT: Chairman Suellentrop called on the Zoning Administrator, Diana Brooks to provide a brief factual background report on the case. Diana stated that Sacred Heart Church was requesting a variance to allow three parking stalls to be constructed in the front yard setback in front of the Rectory at 231 South Fifth Street. She stated the parking stalls are to be constructed per 2

3 Article 5, Section 100 (a) at eight feet six inches in width and at least 19 feet in length. The Rectory has, according to their plan, a 58-feet front yard setback from the property line before approval of this variance application. The requested variance would be to reduce the front yard setback to 14 feet. The request as presented would not change the topographical layout of the lot. The Rectory s plans are not to, if at all possible, remove the existing trees. It is understood that all sidewalks must meet ADA requirements of 36-inches and should have wheelchair ramps at each end accessing the street or driveway. Diana stated that the property is located in a R-1 Single Family Residential District with the surrounding property being the City Park, Care Center, Cemetery, Church and private homes. The property is not located in the flood plain according to the FEMA map. Currently all utilities are accessible, the street has a width dedication of 60 feet, there is no existing screening and the site is platted. APPLICANT S REQUEST: Chairman Suellentrop called on the applicant to make a presentation on the request and respond to the Zoning Administrator s report. John Weber explained that Father Sherlock wanted to turn the east door back into a front entrance. Everyone that goes to the Rectory uses the side door and he would like to turn the east door back into the front and provide parking in front of the Rectory with the sidewalks leading to the front door. Commissioner Harlow asked if people would park there during masses. John replied yes, it would be on a first come first served basis. Chairman Suellentrop expressed the concern whether any of the stalls had to be marked handicapped. John explained that handicap parking was available on the south side of the Rectory in the double driveway. It was also pointed out that there are no handicap accesses into the Rectory and to get a handicap person into the Rectory they would have to go through the garage. John also explained that the existing sidewalks would be taken out and enlarged and a wheelchair ramp installed. Commissioner Botkin expressed the concern regarding the parking stalls being used during mass because people congregate there. Commissioner Harlow suggested not using the spaces during mass. Chairman Suellentrop thanked John Weber for his presentation and asked the Board Members if they had any questions for the applicant? PUBLIC COMMENTS: Chairman Suellentrop asked if any members of the public wish to speak on this case? NONE 3

4 WRITTEN COMMUNICATION: Chairman Suellentrop asked if there were any written communications or petitions from the public? NONE APPLICANT S RESPONSE TO PUBLIC COMMENTS: Chairman Suellentrop asked if the applicant wished to respond to the public comments? NONE FINAL PUBLIC COMMENTS: Chairman Suellentrop asked if anyone from the public wished to respond to the applicant or make any final comments? NONE CLOSE THE HEARING: Hearing no further public comments, Chairman Suellentrop closed the public hearing at 7:50 p.m. He stated there would be no further public comments unless the Board wished to ask questions to clarify information. APPEALS BOARD DELIBERATIONS: Chairman Suellentrop stated that the Board would deliberate the request. He stated first, that the Commission needed to determine if the request was one of the instances under which the Zoning Regulations authorizing them to grant a variance. For example, it cannot be a use variance. Those permitted are found in Section C beginning on page 10-4 and are listed as follows:(see FACTS AND FINDINGS AS ATTACHMENT B) RECOMMENDATION: Chairman Suellentrop stated that having discussed and reached conclusions on the findings, he called for a motion and, if approved, any conditions that might be attached: Having considered the evidence at the hearing and determined that the findings of fact have been found to exist that support the five conditions set out in Section D1 of the Zoning Regulations and K.S.A (e) of the state statutes which are necessary for granting of a variance, I JEAN BOTKIN move that the Chairperson be authorized to sign a Resolution granting the variance for Case No. BZA as requested. Motion seconded by DEBBIE CUTLER. Motion carried 7-0. Having heard the motion by JEAN BOTKIN, is there a second? Having been seconded by DEBBIE CUTLER, is there any discussion of the motion? 4

5 If the Commission is ready to vote on the motion, I will ask the Secretary to read it to us. Having heard the motion, all those I favor say, Aye. All those opposed say, Nay. The motion passes by a unanimous vote of 7 to 7. CLOSING REMARKS: Chairman Suellentrop stated at 7:53 p.m. the hearing was closed and that a variance granted by the Board would be valid for a period no longer than 180 days from today unless within such period a zoning permit was obtained and the variance requested was started. The Board may grant additional extensions not exceeding 180 days each, upon written application, without further notice or hearing. Chairman Suellentrop thanked all who participated in the hearing and invited them to stay for the remainder of the meeting. He stated he now called for Agenda Item #5B. The Board of Zoning Appeals reconvened as the Planning Commission at 7:53 p.m. 5. B. Public Hearing on Special Use Application SU Mark Gilbert to permit a storage warehouse in the C-2 Central Business District. CALL TO ORDER: Chairman Suellentrop stated it was 7:54 p.m. and called Agenda item #5B a public hearing on Case No. SU He stated this was an application for the establishment of an outside storage facility and metal building warehouse as a special use in the C-2 Central Business District. He welcomed everyone interested in the hearing and laid out a few ground rules: (SEE ATTACHMENT C) DISQUALIFICATION DECLARED AND QUORUM DETERMINED: Chairman Suellentrop asked if any of the members of the Planning Commission intended to disqualify himself or herself from the hearing, discussing and voting on this case because they or their spouses own property in the area of notification or have conflicts of interests or a particular bias on this matter. NO ONE disqualified himself or herself. Chairman Suellentrop declared that a quorum of seven was present for the hearing. 5

6 NOTIFICATION: Chairman Suellentrop stated that the Secretary had a notice for the hearing published in the Mount Hope Clarion on August 31, 2001 and notices were mailed to the applicant and 12 real property owners of record in the area of notification on August 31, Chairman Suellentrop stated that unless there was evidence to the contrary from anyone present, he would declare that proper notification had been given in order for the Planning Commission to hear the case. EX PARTE COMMUNCATIONS: Chairman Suellentrop asked the Planning Commission members if anyone had received any ex parte verbal or written communications prior to the hearing which they would like to share with all the members. No one had received any ex parte communications. ZONING ADMINISTRATOR S REPORT: Chairman Suellentrop called on the Zoning Administrator, Diana Brooks to provide a brief factual background report on the case. Diana stated that the application for the special use was submitted by Mark and Patricia Gilbert and the application was attached for the Commission s review. Mr. and Mrs. Gilbert are requesting to build an outside storage warehouse and metal storage building on property located at 2 nd and Wichita Avenue. She stated that the use was consistent with the surrounding areas, the application was in order, and the procedural forms for the conducting of the public hearing had been attached. Diana reminded the Planning Commission that if approved the application would be forwarded to the Governing Body after a 14-day waiting period. The Governing Body would take action on the Planning Commission s recommendation at the November 5, 2001 Council meeting. Diana stated that the property was located in a C-2 Central Business District with the surrounding property being vacant land; storage facility; railroad; Eye doctor s office; and Insurance Company. The property was not located in the flood plain according to the FEMA map. All City utilities had been installed in the area and tapping the main lines could be coordinated. The Street is dedicated, currently unpaved, uncurbed, and unguttered with a dedication of 60 feet. No screening is necessary, as the property does not abut residential area. The site is platted and recorded. The application for the special use is attached and seventeen Factors and Findings have been attached for review. (SEE ATTACHMENT D). 6

7 APPLICANT S REQUEST: Chairman Suellentrop called on the applicant to make a presentation on the request and respond to the Zoning Administrator s report. Mark Gilbert, applicant, explained that Diana covered everything. He explained that the lot is a wooded area and that he intended to fence it off and put in outside storage, such as RV, boats and then build a metal building for personal use. Chairman Suellentrop thanked Mark Gilbert for his presentation. He asked if there were any questions from Commission members, staff or consultant? Commissioner Harlow asked what kind of fence would be installed? Mark Gilbert explained a 6-foot chain link for visual security with a gravel yard with a 30 by 15 shed. PUBLIC COMMENTS: Chairman Suellentrop asked if any members of the public wished to speak on the case? LaVina Keiter, Mayor asked for more information on the outside storage. Mark Gilbert explained that it would be monthly rentals for movable vehicles. He assured the Commission that there would not be junk cars, only licensed and tagged vehicles. Commissioner Botkin asked what would be inside the building? Mark Gilbert explained it would be personal storage for his lighting business. LaVina pointed out that he would be doing a commercial business if spaces would be rented. Mark explained that the contents of the building were going to be personal possessions. LaVina asked that on the application is it stated that way. She explained that the way she read it is strictly personal storage and that does not allow rental. She suggested that if this is approved that needs to be specified. Kelly Liles, property owner next to Mark Gilbert stated that drainage on these lots should be reviewed. LaVina explained that the Council was going to cut a ditch as soon as possible to assist in drainage problems in this area. Commissioner Knoblach asked how many vehicles could be accommodated? Mark explained no more than fifteen. Chairman Suellentrop asked if Mr. Gilbert was intending to have a yard light. Mark explained there was one on the corner, but if more was needed he would install one. WRITTEN COMMUNICATION: Chairman Suellentrop asked if there were any written communications or petitions from the public? NONE APPLICANT S RESPONSE TO PUBLIC COMMENTS: Chairman Suellentrop asked if the applicant wishes to respond to the public comments? NONE 7

8 FINAL PUBLIC COMMENTS: Chairman Suellentrop asked if anyone from the public wishes to respond to the applicant or make any final comments? NONE CLOSE THE HEARING: Hearing no further public comments, Chairman Suellentrop hereby closed the public hearing. He stated there would be no further public comments unless the Board wished to ask questions to clarify information. PLANNING COMMISSION DELIBERATIONS: Chairman Suellentrop stated that the Board would now deliberate the request. There were 17 factors the Commission had to consider in order to make findings and a recommendation. They are found in Section H. Each factor will be read and our collective opinion will be summarized for the minutes. (SEE ATTACHMENT D) RECOMMENDATION: Chairman Suellentrop stated that having discussed and conducted the findings on the factors, he reminded the Planning Commission that a proper motion should reflect the factors on which it is based and, if approval is recommended, the consideration should be given to platting, replatting, dedications and/or screening. He questioned if there was a motion to recommend approval, modification and approval or disapproval or to table the decision? Having considered the evidence at the hearing and the factors to evaluate the special use application, I KATHY HUHMAN, move that we recommend to the Governing Body that Case No. SU be approved for the establishment of an outside storage warehouse facility and metal building warehouse in the C-2 Central Business District based on the findings of the Planning Commission as recorded in the minutes. Motion seconded by BEN HARLOW and passed by a unanimous vote of 7 to 0. LaVina suggested that the motion clarify that the storage is outside public storage and the building being is for personal use. I KATHY HUHMAN make the motion to amend the recommendation to be approved as follows: For the establishment of an outside public storage facility and a personal metal building warehouse in the C-2 Central Business District. Motion seconded by BEN HARLOW and passed by a unanimous vote of 7 to 0. 8

9 CLOSING REMARKS AND PROTEST PETITIONS: Chairman Suellentrop stated that this case would be forwarded to the Governing Body with the Planning Commission s recommendation and a written summary of the hearing for consideration at their regular meeting of November 5, 2001, which begins at 7:00 p.m. in the Council s meeting room in City Hall. Protest petitions against the change in zoning and/or special use, but not directed at the Planning Commission s recommendation as such, would be received by the City Clerk for 14 days after tonight, until October 9, 2001 at 5:00 p.m. Chairman Suellentrop thanked those who participated in the hearing and invited them to stay for the remainder of the meeting. He call for Agenda item #6A. 6. Committee and Staff Reports A. Review of Expenditure Report Diana explained that the expenditures for July and August of 2001 were for salaries, postage and contractual services. The Commission reviewed the Expenditure Report for July and August of B. Zoning Administrator s Report Diana explained the Commission had requested that she investigate how the Zoning Regulations could be amended. Article 11 of the Zoning Book explains how this could be done. She explained that notification in the newspaper of a public hearing and an ordinance adopted by the Governing Body would change the regulations. She stated that in September the Subdivision Regulations were scheduled for annual review. The Mayor has requested that when the Commission does not have a case, that they begin making changes to the Zoning Regulations. Diana stated that she talked to Bickley about simplifying the language, but he stated that most of the language was taken from State Statues. She proposed that one to two pages be reviewed at each meeting, compile them and bring them back at the next monthly to assure that everyone is in agreement with the language and then forward the changes to Bickley. Diana presented the Zoning Activity Report for August and September In August there were three permits issued: one new home, one roofing, and one siding. September was the first month that a new home permit had not been issued. There was one roofing permit and one siding permit issued in September. 9

10 Diana requested a meeting date be set for December. The last Tuesday of the month is Christmas Day and she asked to reschedule the meeting so that dates for publication purposes can be determined. It was decided to have the meeting set for Tuesday, December 18 th. C. Annual review of the Zoning Regulations Diana asked the Commission if work could begin on the definitions section of the Zoning Regulations and bring them back to the October meeting. It was suggested that the first to be done was for the zoning books be organized. Diana said at the October meeting she would plan on having the master with her and the Commissioners could get started on this. 7. Plats None 8. Screening Plans None 9. Miscellaneous None Jean Botkin brought to everybody s attention that on the July 31, 2001 minutes on Page 3 under Public Comments that it said to change the zoning and it should say to not change the zoning. Also on Page 2 of the July 31, 2001 minutes under the Call to Order it states Councilman Suellentrop and should say Chairman Suellentrop. Diana stated that we would make those changes. 10. Adjourn Motion JEAN BOTKIN at 8:42 p.m. to adjourn the meeting. Seconded by KATHY HUHMAN. Motion carried 7-0. Respectfully submitted, DATED THIS DAY OF, Pamela M. Gorges, Secretary Richard J. Suellentrop, Chairman 10