PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Planning Commission meeting was called to order at 5:03 p.m. with the following members present: Harley Macklin (12/14), Janet Hamilton (11/14), Ken Peirce (10/14), Tom Hornbeck (13/14), Terry Bisbee (12/14), and Darryl Peterson (12/14). The following members were absent: Todd Carr (11/14), Mark Woleslagel (10/14), and Valery Roberts-Ropp (6/7). Planning Staff present were: Jana McCarron, Director of Planning & Development; Aaron Barlow, Associate Planner; Amy Allison, Housing Program Coordinator; and Jade Shain, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the October 17, 2017 meeting were approved on a motion by Macklin, seconded by Peirce, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Hornbeck, seconded by Hamilton, passed unanimously. 4. PUBLIC HEARINGS a. CUP17-000008 – 712 E 23rd Ave Amend Conditional Use Permit #12-CUP-06 to allow for outdoor lighting of athletic fields and for baseball games to be played at this location. McCarron said the existing #12-CUP-06 allows for practices but not games. The application for CUP17-000008 did not meet the City Code requirements for illumination; therefore, a variance from the illumination requirements is required before the Conditional Use Permit case can be considered. McCarron requested that the Planning Commissioners table CUP17-000008 until the variance request can be heard on December 19, 2017. Bisbee asked for a motion on case #CUP17-000008: Motion by Peterson, seconded by Hamilton and passed unanimously, to TABLE request #CUP17000008 to amend Conditional Use Permit #12-CUP-06 pursuant to obtaining a variance from the City of Hutchinson’s maximum illumination requirements; said variance request to be considered at the December 19, 2017 meeting of the Board of Zoning Appeals. b. CUP17-000009 – 810 E 13th Ave Consider Conditional Use Permit request to allow for installation of four, 80-foot light fixtures at the Don Michael Game Field.
PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
Bisbee asked Planning Staff for their presentation. Aaron Barlow, Associate Planner, provided the staff presentation. The Applicant, Hutchinson Public Schools USD #308, is requesting a Conditional Use Permit for the Don Michael Game field located in the southwest corner of 17th and Severance Street to allow for the installation of four, eighty-foot light fixtures. Barlow said that although the Hutchinson Zoning Regulations do not specifically address stadium lighting, a stadium use does require a Conditional Use Permit in the P/I Public and Institutional District. Additionally, the installation of stadium lighting is an expansion of the stadium use. To lower the impact the lighting will have on surrounding neighborhoods, Staff is recommending, as a condition of approval, to restrict the hours of operation for lighting to no later than 10 p.m. Sunday through Thursday and 11 p.m. on Friday and Saturday. Barlow provided the factors of approval required for a Conditional Use Permit, as follows:
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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
Factor
Analysis
1. Character of the neighborhood
The high school and field are located on the same block as the Hutchinson Sports Arena and Gowans Stadium. The field is separated from residential neighborhoods by collector (Severance) and arterial (17th Avenue) streets. The area has historically been a highactivity area with several public and institutional uses.
2. Current zoning and uses of nearby property
Location Subject Property
Zoning P/I Public and Institutional District
North
I-1 Light Industrial District and R-3 Moderate Density Residential District P/I
South East West
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
Met | Not Met
R-5 High Density Residential District P/I, R-5 and R-4 Residential Neighborhood Conservation District
Met
Use Hutchinson High School, Football Field, Career and Technical Academy and School District Offices 17th Avenue right-of-way, mini storage and residential lots
YMCA, Hutchinson Sports Arena and Kansas Army National Guard Severance Street right-of-way and residential lots Townhomes, Graber Elementary School and Hutchinson Community College
The P/I Public and Institutional District is intended for public, quasi-public, institutional, social, philanthropic organizations and similar uses in one or more buildings or a campus. Special design provisions may be made for parking, playgrounds, outdoor plazas and event areas. The high school football field is already an existing use during the day time. Installing the lights would extend the use into the evening. There is already a lighted field (Gowans Stadium) nearby that is also on the P/I zone. The new stadium lights would impact residential properties located on the north side of 17th Avenue and the East side of Severance Street. However, the impact meets the requirements of the Zoning Regulations and the neighborhood already has several highintensity uses with outdoor lighting including the mini storage facility, the Sports Arena and Gowans Stadium, Hutchinson High School and Hutchinson Community College Campuses and the Cosmosphere. The property has been occupied since at least 1960, when Hutchinson High School moved to its current location.
Met
Met
Met
Met
Health, safety, and welfare: The proposed lighting would allow sporting events to take place later in the evening, lowering the amount of event traffic during peak commuting hours. Landowner hardship: If the request to install stadium lighting is denied, the high school would need to continue hosting football games in the daytime which could impact students and staff during school time. Additionally, community events which take place at the site will continue to compete with the school’s schedule.
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Met
PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
7. Conformance of this request to the Comprehensive Plan
The Comprehensive Plan designates the subject property as “Public/Institutional.” The proposed use conforms to this land use designation. Streets
8.Impact on public facilities and utilities
Alleys Sidewalks Water Sewer Drainage
Installing the outdoor field lights will allow football games to occur later in the evening, reducing traffic congestion during peak commuting hours. However, parking along the south side of 17th Avenue will continue to be an issue. No alleys will be impacted by this request. Existing sidewalk infrastructure will be able to support the increase in pedestrian traffic during non-school hours. The proposed lighting will have no significant impact on water infrastructure. The proposed lighting will have no significant impact on sewer infrastructure. The applicant has not proposed any major drainage infrastructure changes with the proposed use.
Met
Met
Bisbee asked the applicant to speak about the case. Bob Williams, Director of Hutchinson Public Schools Support Services, said the proposed lighting is LED lighting. It is targeted lighting and has limited light spillage beyond the targeted area, he said. Next, Randy Norwood of Hutchinson Public Schools, added that in addition to school sports activities, the YMCA and other groups would benefit from the lighted field. Overall, the lighting is a win-win for the community because it would allow sporting events to occur later in the evening. This would mean students and teachers would miss less class time, and the community of Hutchinson would experience lower levels of traffic at rush hour near the game field. Bisbee asked if anyone in the audience had a comment about the case; nobody stepped forward. Bisbee asked for Staff’s recommendation. Barlow said Staff recommends approval to the City Council with the following conditions: 1. This conditional use permit shall only be used for the installation of four 80-foot light fixtures. 2. All required building and electrical permits shall be obtained prior to any construction. 3. The lighting shall be designed and installed according to the approved plans and must be shaded from adjacent residential properties as required by Section 27-909 of the Hutchinson City Code and as depicted on the approved lighting plan. 4. Hours of operation shall be limited to no later than 10:00 pm Sunday through Thursday and no later than 11:00 pm Friday and Saturday. 5. This conditional use permit shall expire on 5/16/2018, unless a building permit has been obtained and construction has commenced.
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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
6. Failure to comply with the conditional use permit conditions of approval may result in revocation of the conditional use permit. McCarron made a correction for the record: The permit will expire in June of 2018, not May of 2018. Bisbee asked for a motion on case #CUP17-000009: Motion by Hornbeck, seconded by Peterson and passed unanimously, to recommend (approval/denial) to City Council of conditional use permit number CUP17-000009 for the installation of four 80-foot light fixtures at Don Michael Game Field located at the southwest corner of 17th Avenue and Severance Street, based upon a finding that the factors required for approval are (met / not met), and subject to the staff-recommended conditions of approval, as amended. The City Council will consider the CUP request on December 19, 2017. 5. OLD BUSINESS a. Study Session Continued – Sign Code Revisions Bisbee reminded everyone that this is a study session and is not a public hearing. January 2, 2018 will be the public hearing to review the proposed sign code. Bisbee asked Staff to begin the study session. McCarron opened the study session with sign terminology. Next, she said that under the proposed code more signs will be brought into conformance than brought out of conformance. She emphasized several times throughout the duration of the study session that signs brought out of conformance under the proposed code will be allowed to continue. The City will not ask that these signs be removed or replaced. Sign owners would be able to reface their signs so long as they do not become taller or greater in size. McCarron said the proposed code will consider the type of roadway adjacent to the property, not the zoning district, as is the current method under the existing code. McCarron discussed several slides on portions of the proposed code language that was still under disagreement. These slides are included in the minutes in Exhibit A. Actions taken by the Commission are included below. Slide 1: The Commissioners agreed with Staff’s recommendation. Slide 2: The Commissioners agreed with Staff’s recommendation. Slide 3: The Commissioners were divided with Staff’s recommendation.
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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
Slide 4: The Commissioners were divided with Staff’s recommendation. Slide 5: The Commissioners were divided with Staff’s recommendation. Slide 6: The Commissioners agreed with Staff’s recommendation. Slide 7: The Commissioners agreed with Staff’s recommendation. Slide 8: The Commissioners agreed with Staff’s recommendation as long as the word “entire” is removed. Slide 9: The Commissioners agreed with Staff’s recommendation. Slide 10: The Commissioners agreed with Staff’s recommendation. Slide 11: The Commissioners agreed with Staff’s recommendation. Slide 12: The Commissioners agreed with Staff’s recommendation. Slide 13: The Commissioners agreed with Staff’s recommendation. Slide 14: The Commissioners were divided with Staff’s recommendation. Slide 15: The Commissioners agreed with Staff’s recommendation. Slide 16: The Commissioners agreed with Staff’s recommendation. Slide 17: The Commissioners agreed with Staff’s recommendation. Slide 18: The Commissioners agreed with Staff’s recommendation. Slide 19: The Commissioners agreed with Staff’s recommendation. Slide 20: The Commissioners were divided with Staff’s recommendation. Pierce asked for a grace period modification. Slide 21: The Commissioners were divided with Staff’s recommendation. Slide 22: The Commissioners were divided with Staff’s recommendation. Slide 23: The Commissioners agreed with Staff’s recommendation. Slide 24: The Commissioners agreed with Staff’s recommendation. Slide 25: The Commissioners were divided with Staff’s recommendation. Slide 26: The Commissioners agreed with Staff’s recommendation. Slide 27: The Commissioners agreed with Staff’s recommendation. Slide 28: The Commissioners were divided with Staff’s recommendation. Slide 29: The Commissioners agreed with Staff’s recommendation. Slide 30: The Commissioners agreed with Staff’s recommendation. Slide 31: The Commissioners agreed with Staff’s recommendation. Slide 32: The Commissioners agreed with Staff’s recommendation. Slide 33: The Commissioners agreed with Staff’s recommendation. Oral #1: No SUP is required in the C-5 zoning district.
McCarron finished her presentation by saying that Staff will address the divided recommendations at the next meeting, and the Commissioners will be able to determine what the best course of action to take on January 2, 2018 at the Public Hearing. Bisbee asked the Commissioners if they had any additional comments or questions for Staff; there were none. Bisbee asked if anyone in the audience would like to comment on the discussion heard during the study session. In total, five audience members spoke at the podium:
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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
Shawn Wayatt, Chamber of Commerce, praised Planning Staff in their pursuit to engage numerous stakeholders in the process to change the sign code. He expressed concern that the reduced height (a maximum of 25’) is too short, as are the square footage requirements. He encouraged a compromise in height and size. Additionally, he said 2,640 feet is too great a distance between billboard signs and that businesses should be allowed to install more billboard signs closer together. Gabe Goering, Midway Motors, said his business uses streamers and balloons. A maximum of 30 consecutive days for streamers is too restrictive on the business. Cars for sale need balloons because they wave in the wind and catch motorists attention. He said owners who do not maintain their streamers should receive a call from the City, and that the City should not penalize owners that maintain their streamers. Cindy Proett, Luminous Neon, spoke next. She said that the proposed code should have an option for variance requests by sign type, the maximum height and size allotments were too restrictive for arterial roadways and highways, permits issued in error by staff should not be revoked, and the 2,640’ distance requirement for new billboard signs was too much. She handed all the Commissioners a letter outlining the points she made during her speech. Joe Ontjes, Luminous Neon, said that variances by sign type should be included in the proposed code. Tom Sellers, Luminous Neon, spoke next. He said that the proposed code should have an option for variance requests by sign type, the maximum height and size allotments were too restrictive for arterial roadways and highways, permits issued in error by staff should not be revoked, and the 2,640’ distance requirement for new billboard signs was too much. He suggested 1,500’ may be a good distance requirement for new billboard signs. Bisbee said he would like to see a new map that showed a 1,500’ buffer for new signs. Hornbeck suggested we might be able to allow for taller signs along some portions of the arterial roadways. Sellers said that could be an option for consideration. 6.
NEW BUSINESS a. Consideration of Change of Meeting Time for 2018 from 5 PM to 5:30 PM McCarron said the current time is a challenge for many residents and business owners who find it difficult to arrive at City Hall immediately after work. She said that changing the meeting time from 5:00 to 5:30 PM would be friendlier for businesses and residents. The Commissioners agreed with McCarron and said 5:30 PM would be acceptable. However, no vote occurred because the Commissioners felt that those Commissioners absent should be present to give their opinion. McCarron said that the time could be changed as part of the 2018 Resolution of Meeting Dates.
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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, DECEMBER 5, 2017
7. UPCOMING CASES a. Board of Zoning Appeals –ZV17-000008, Variance from §27-909 of the Zoning Regulations pertaining to outdoor illumination for property located at 712 E 23rd Ave 8. ADMINISTRATIVE CASES a. Spring Clean Laundry SIT17-000012 (Lot 1, Block A, Josie Addition) – Site Plan under review b. Medical Office Building Parking Addition SIT17-000016 (2020 N Waldron St) – Site Plan approved 9. CITY COUNCIL ACTION ON CASES a. The Link Comprehensive Plan Map Amendment CPA17-000003 (0 W Sherman Ave) – Approved b. The Link Zoning Amendment ZA17-000010 (0 W Sherman Ave) -- Approved 10. OPEN COMMENTS FROM THE AUDIENCE 11. ANNOUNCEMENTS McCarron updated the Commissioners on current projects Staff is working on: The Table of Land Uses and Infill Regulations. 12. ADJOURNMENT - The meeting adjourned at 8:21 p.m.
Respectfully Submitted, Jade Shain, Planning Technician Approved this 19 day of December, 2017 Attest:
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EXHIBIT A
SLIDE 1 4. Clarify that the off-premises signs (billboards) in the industrial zones do not count toward the sign allotment for the property.
Staff Recommendation Do not concur. Billboards count toward the sign allotment in the current code and are recommended to count in the new code. SLIDE 2 6. Change the nonconforming sign regulations to allow for removal of the sign cabinet or LED structure for repairs/upgrades, as long as the same cabinet is reinstalled.
Staff Recommendation / Steering Group Concur. Revise the nonconforming language so that all nonconforming signs can be replaced as long as they are not increased in height or area. with the current regulations. SLIDE 3 10. Increase the maximum sign area and height for freestanding signs, as follows:
Staff / Steering Group Recommendation
Increase the maximum sign height from 30 ft to 35 ft and maximum sign area from 200 sf to 250 sf for signs located along a state highway, as proposed. Staff does not recommend changes to the arterial standards. SLIDE 4 Luminous Neon 11. Delete paragraphs # 1 and #2 under sign variances, which restrict the types of variances that can be applied for.
Staff / Steering Group Recommendation Revise so that variances can be sought for everything but sign type. Sign type would require a modification of the code. SLIDE 5 Multiple Parties: Luminous Neon, Ideatek, Young Professionals Voice Team and Individuals from Young Professionals 1. Off-premises signs should be allowed in the C-3 & C-4 zoning districts. We see no need for this restriction.
Staff / Steering Group Recommendation
Allow for new billboards in C-4, I-1, I-2 & I-3 Zones with a minimum separation of 2640 feet. SLIDE 6 1. Suggest we allow for individual residences to have “booster” and “watch out for motorcycle” type of signage.
Staff Recommendation Change text for political signs to match Lawrence’s except make certain the date range matches state statute. No other changes recommended. SLIDE 7
Todd Carr 2. Suggest we address residential flags that support entities like “K-State Wildcats” or “Jayhawks”. Staff Recommendation Change the definition of flag from “attachable” to “attached” and establish that a maximum number of flags (2 per lot) be allowed in residential zones and that, in those zones, the maximum size be 24 sq ft per flag. Flags would be exempt in other zones. SLIDE 8 Luminous Neon (Informal Comments) 2. Murals that are visible to the public should be reviewed by the public art design council. Staff Recommendation No changes recommended. SLIDE 9 Luminous Neon (Informal Comments) 3. Consider establishing a coverage limit for window signage.
Staff Recommendation No changes recommended. SLIDE 10 Ideatek (Informal Comments) 1. Please explain the ramifications for existing billboards that are located in commercial districts and have conditional use permits.
Staff Recommendation No changes recommended. This item has been addressed via other changes (aka nonconforming language and allowing for billboards in the C-4 zone). SLIDE 11 Ideatek 2. Increase the maximum allowable size for signs per the table below:
Staff / Steering Group Recommendation See the discussion above. Further changes are not recommended. SLIDE 12 Ideatek 3. We suggest modifying the conditions to clearly permit ongoing maintenance and repair, including temporary removal of a sign face for refurbishment and/or repair. (discussed above) Structure alteration needed for repair should be allowed so long as it does not materially change the size or character of the existing sign.
Staff Recommendation No changes are recommended other than those identified under #6 (Luminous Neon). Revising the nonconforming language has addressed this issue. SLIDE 13 Ideatek 4. Propose the appeal section (ยง27-817(K)(1)) be modified, as follows: Any applicant, property owner or authorized representative may appeal the following decisions/determinations of the Planning and Development Director or designee. Denial of a sign permit. A written order issued pertaining to a sign.
Staff Recommendation No changes are recommended. SLIDE 14 Ideatek 5. Remove sections 1 and 2 entirely from the variance language.
Staff Recommendation See discussion under item #11, Luminous Neon. SLIDE 15 Ideatek 6. The new code does not properly distinguish between static outdoor advertising signs and digital outdoor advertising signs. Any new restriction on billboards should seek to address these differences including: • Static billboards require physical changing and can sit unchanged for long after their useful life (e.g. fading and tearing). • Digital billboards stay fresh and vibrant, and always changing. Ideatek (continued) • Digital billboards help consolidate outdoor marketing needs by serving many more customers with the same footprint as a static billboard. • Digital boards provide emergency management and alert capabilities for the community - evacuation routes, closures, and post-disaster information dissemination which may be otherwise hindered by communication outages. • Staff Recommendation: Billboard and nonconforming sign changes address this
issue. SLIDE 16 Ideatek Forcing the removal of a sign after it is installed due to an error of the city is unreasonable, unfair, and inconsiderate of the sign owner’s new investment. This section, whether intentional or not, erodes the motivation for city staff to be accurate and considerate of the substantial costs related to sign installation ( §27-817(G)(4).
Staff Recommendation No change recommended. SLIDE 17 Ideatek 8. Force majeure events such as acts of God or third party damage that accelerate a replacement of a sign shouldn’t cause an expensive replacement cost above a like-forlike replacement if the sign is already operating under a conditional use permit. (§27814(E))
Staff Recommendation Addressed by billboard and nonconforming sign changes. SLIDE 18 Ken Peirce (Planning Commissioner) 1. Off-Premises Billboards. I may not understand the issue about whether a billboard should be counted as one of the signs allowed on a business frontage, but it seems to
me that if a strip mall owner leases 3 spaces to different retailers and allows a billboard to be erected, and two of the retailers install signs, is the third retailer prevented from having a sign? Why couldn’t a retailer have three small signs, one of which may be under the billboard? In short, why would a billboard installed by the landlord be counted as belonging to a retail tenant on the premises? I do not see the need to downsize billboards. The 300 sq ft billboard should be continued.
Staff Recommendation No changes are recommended. See Luminous Neon #4. SLIDE 19 Ken Peirce (Planning Commissioner) 2. Abandoned and Dilapidated Signs. If a sign is dilapidated and refurbishing is necessary, why limit the % of improvement on a sign being refurbished.
Staff Recommendation See Luminous Neon #6. SLIDE 20 Ken Peirce (Planning Commissioner) 3. Abandoned and Dilapidated Signs. I also believe a grace period of 365 days is way too long for either removal or repair. In either case, 90 days max could be allowed with the City authorized to take the sign down immediately if the landowner hasn’t done it. There should be appeal procedures for either an order to repair or remove. I like the provision allowing the City to recover the cost of removal.
Staff Recommendation No changes recommended. It will take staff this long to make it through all of the signs. SLIDE 21 Ken Peirce (Planning Commissioner) 4. Free standing signs. Sign companies are requesting 200 sf and 30 ft tall signs Doesn’t that fit in with existing signs? When I travel west on 30th and go by Midway Motors, I have to look for the small sign on the east corner of their lot (which we approved). Larger signs are a benefit to retailers.
Staff Recommendation No changes recommended. Nonconforming sign changes address this issue. Most signs will become conforming with the new code. SLIDE 22 Ken Peirce (Planning Commissioner) 5. Sign variances. Since 2011, 4 of 6 requests for variance pertained to height or area, lending credence to the comments about size. Can we be business friendly?
Staff Recommendation See Luminous Neon #11. SLIDE 23 Ken Peirce (Planning Commissioner)
6. Off-premises signs. Why would signs be allowed only in I-1, I-2, I-3, C-1 and C-2? Aren’t there businesses in C-3 & C-4 who would want to advertise?
Staff Recommendation Billboards are off-premises signs. The proposed language in Luminous Neon #6 addresses this concern. SLIDE 24 Ken Peirce (Planning Commissioner) 7. Murals. So long as the murals are “content neutral” that should end the Planning Commission responsibilities. Artistic evaluation should be approved by the Public Art Design Council of Hutchinson.
Staff Recommendation See Luminous Neon #2. Remove the word “entire”. SLIDE 25 Staff Recommended 3. Change the multi-family residential wall signage requirement to allow for one such sign per lot frontage, where a building fronts onto two lots.
Staff Recommendation Change as noted. SLIDE 26 Staff Recommended 4. Clarify that mobile home parks fall within the 3 or more unit section, residential uses.
Staff Recommendation Change as noted. SLIDE 27 Staff Recommended 5. Allow the P/I zone to have larger signage.
Staff Recommendation Change as noted. See Exhibit 5. SLIDE 28 Other Comments 1. Consider request to allow for temporary signage in the public ROWs.
Staff Recommendation This signage is not allowed now and is not proposed to be allowed. If we allow one type of signage (aka real estate or garage sale), we have to allow all types of signs. The ROW would become cluttered with signage, which is a safety concern, as well as visually unappealing. SLIDE 29 Other Comments
2. Allow signage that is presently changeable copy (either manual or rolling letters/numbers) to be converted to an EMC without considering this a change in sign type.
Staff Recommendation Staff supports this request as long as the EMC is no taller or larger than the existing changeable copy sign. SLIDE 30 Other Comments 3. Allow for pennants and streamers as long as they are maintained.
Staff / Steering Group Recommendation Allow for pennants and streamers on a temporary basis only (no more than 30 consecutive days nor 60 days in any calendar year). SLIDE 31 Other Comments 4. Consider adding illumination requirements for electronic message signs, similar to those in the existing regulations, and require that no signage use colors that so closely resemble traffic signage that they could be confused with traffic signals.
Staff / Steering Group Recommendation Modify proposed regulations to require freezing of digital (EMC) signs if there is a malfunction. The remainder is addressed. SLIDE 32 Other Comments SLIDE 33 The commissioners agreed with Staff’s recommendation. ORAL 1 No SUP is required in the C-5 zoning district.