AGENDA PLANNING COMMISSION Tuesday, October 9, 2018 – 5:30 PM City Council Chambers 125 E Avenue B, Hutchinson, Kansas
1. ROLL CALL
Richardson Vacant Hamilton Wells Carr (Vice Chair) Peterson 2. APPROVAL OF MINUTES – Meeting of September 25, 2018.
Bisbee Roberts-Ropp Hornbeck (Chair)
3. CORRESPONDENCE & STAFF REPORTS – Motion to accept correspondence and staff reports into the official record. 4. PUBLIC HEARINGS a. ZA18-000007 – Rezone Industrial Neighborhood Request to change the zoning designation for properties roughly located from 4th Avenue to Leonard St. and Scott Street to the Drainage Canal from I-3 Heavy Industrial District to C-4 Special Commercial District. (Staff Representative: Aaron Barlow, Associate Planner) Action: Motion to recommend (approval / modification and approval / denial) to the Hutchinson City Council of Zoning Amendment case #ZA18-000007 to rezone properties roughly located from 4th Avenue to Leonard St. and Scott Street to the Drainage Canal from I-3 Heavy Industrial District to C-4 Special Commercial District. b. ZA18-000008 – 2301 E 4th Avenue Rezone Request to change the zoning designation for 2301 E 4th Avenue and 00000 E 4th Avenue from C-4 Special Commercial District to I-3 Heavy Industrial District. (Staff Representative: Amy Allison, Senior Planner) Action:
Motion to recommend (approval / modification and approval / denial) to the Hutchinson City Council of Zoning Amendment case #ZA18-000008 to rezone 2301 E 4th Avenue and 00000 E 4th Avenue from C-4 Special Commercial District to I-3 Heavy Industrial District.
5. OLD BUSINESS – None 6. NEW BUSINESS - None 7. UPCOMING CASES - None 8. ADMINISTRATIVE CASES a. SIT18-000014 New Fuel Center at 725 E 4th Ave (pending revised site plan) b. PL18-000002 Parking Lot Permit for 1203 W 4th Ave 9. COUNCIL ACTION ON CASES - None 10. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 11. ANNOUNCEMENTS 12. ADJOURNMENT
Staff Contacts:
Jim Seitnater Amy Allison Charlene Mosier
620-694-2667 620-694-2638 620-259-4133
Aaron Barlow Jade Shain
620-259-4198 620-259-4134
PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, SEPTEMBER 25, 2018 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B
1. ROLL CALL The Planning Commission meeting was called to order at 5:30 PM with the following members present: ☒Richardson [13/14] ☒ Hamilton [13/14] ☒ Carr (Vice Chair) [12/14] ☒ Wells [11/14] ☒Peterson [12/14]☒Bisbee [13/14] ☒Roberts-Ropp [12/14] ☐Hornbeck [11/14] ☐Vacant Planning Staff present were: Jim Seitnater, Interim Director of Planning & Development; Amy Allison, Senior Planner; Aaron Barlow, Associate Planner; and Jade Shain, Planning Technician. Guests in attendance were Jackson Swearer, Roy Little, Tom Heintzman, Mike Brown, and Richard Guy. 2. APPROVAL OF MINUTES The minutes of the August 14, 2018 meeting were approved on a motion by Hamilton, seconded by Bisbee, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Peterson, seconded by Bisbee, passed unanimously. 4. PUBLIC HEARINGS a. None. 5. OLD BUSINESS a. None. 6. NEW BUSINESS a.
Training
Barlow provided the training for the Planning Commission. The training was a review of modules 1 through 10. The review included the following topics: the purpose of zoning, lot coverage, the gateway corridor overlay district, the role of the Planning Commission, conflict of interest, Conditional Use Permits, and variances.
7.
UPCOMING CASES
a. b. c.
SUP18-000002 Multi-Family Development ZA18-000007 Industrial Neighborhood Rezone to C-4 ZA18-000008 Rezone Two Lots from C-4 to I-3
1
PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, SEPTEMBER 25, 2018 8. ADMINISTRATIVE CASES a) SIT18-0000014 New Fuel Center at 725 E 4th Avenue 9. CITY COUNCIL ON CASES a) ZA18-000001 R-6 Rezone (September 18, 2018) – Passed 10. OPEN COMMENTS FROM AUDIENCE 11. ANNOUNCEMENTS a. None. 13. ADJOURNMENT - The meeting adjourned at 6:15 PM. Respectfully Submitted Jade Shain, Planning Technician Approved this 9th day of October 2018 Attest:
2
Planning
REQUEST
Development Department 125 E Avenue B | Hutchinson KS 67501 620.694.2639
STAFF REPORT
Agenda Item #: ____
Planning Commission
CASE #: ZA18-000007
Board of Zoning Appeals
PUBLIC HEARING: YES NO MEETING DATE: October 9, 2018
DATE: October 1, 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
&
2816 Leonard Avenue
APPLICANT INFORMATION
PROPERTY PHOTO
APPLICANT: Jenny Clark 1211 11th Terrace Hutchinson, KS 67501
STAFF RECOMMENDATION:
The above request is not compatible with the 2017-2037 Comprehensive Plan. The City Manager’s Office has requested that the land use designation of the subject neighborhood remain industrial, representing the City’s long-term plans for industrial development.
DESIGN PROFESSIONAL: Not applicable to this case CONCURRENT APPLICATIONS: None
ZONING: I-3 Heavy Industrial District PROPERTY INFORMATION
A request to rezone properties roughly located within Leonard Avenue, Halstead Street, 4th Avenue and the GVI canal from I-3 Heavy Industrial District to C-4 Special Commercial District. (see subject map).
PROPERTY OWNER: See property owner list (Exhibit A)
APPLICATION MATERIALS: http://www.hutchgov.com/1099/CurrentCase-Materials
DENIAL
PROJECT SUMMARY
APPROVAL WITH CONDITIONS
COMP PLAN COMPATIBILITY
APPROVAL
STAFF REPRESENTATIVE: Aaron Barlow Associate Planner
COMPREHENSIVE PLAN DESIGNATION: Industrial SUBDIVISION: Broadland Subdivision EXISTING LAND USE: Single-family houses, Sunset Motel, a vacant mobile home park, vacant land. SITE IMPROVEMENTS: none
SUBJECT MAP
NOTIFICATIONS & REVIEW
SIZE OF PROPERTIES: Approximately 51 acres DEVELOPMENT REVIEW: 9/24/2018 PUBLIC NOTICE PUBLISHED 9/06/2018, Hutchinson News PROPERTY OWNER NOTICE MAILED: 9/06/2018 to all 45 owners of the 70 properties in the area proposed to be rezoned and within 200 feet of the subject area NEXT STEPS: City Council Mtg: 11/6/2018
FOR OFFICE USE ONLY
Approved Approved with Conditions Denied Tabled
N
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
Analysis of Factors Required for Approval of Zoning Amendment Requests: Factor
Analysis The neighborhood in question contains a mixture of uses ranging from commercial (the Sunset Motel), Industrial (Groendyke Transport, Sonoco Paper Mill and City Beverage Co.), and residential. However, despite their proximity, the uses are clearly separated. The neighborhood was formerly part of the Hutchinson Industrial District #1 before it was annexed by the City in 2004. The area was zoned industrial in anticipation of future development projects. However, since the annexation only City Beverage’s current building has been constructed.
Met | Not Met
1. Character of the neighborhood
Many of the houses in the neighborhood were built over 50 years ago. The conditions of houses in the neighborhood vary from average to uninhabitable (see Exhibit B: Housing Condition Map). Because single-family houses with damage to more than 50% of the building are not permitted to be reconstructed in the I-3 Heavy Industrial District, banks and other lending institutions are not willing to finance loans for purchase or updates in this neighborhood.
Met Not Met
Rezoning the properties in question to C-4 Special Commercial District would allow all the existing uses in the subject area either by right or by Special Use or Conditional Use Permit. Location Subject Properties North
2. Current zoning and uses of nearby property
Zoning Use I-3 Heavy Industrial Single-family houses, Sunset Motel, a District vacant mobile home park, vacant land. I-3 Heavy Industrial Groendyke Transport, Kroger Regional District Office South I-3 Heavy Industrial City Beverage Company, Sonoco District Hutchinson Paper Mill East P/I Public and Institutional Hutchinson Fire Department Fire Training District Center West I-3 Heavy Industrial Cargill Grain Elevator District While there is no adjacent properties zone C-4, Staff feels this factor is met because of precedent set by Planning Commission Approval of case 16-ZA-02, a request to rezone 2700 East 11th Avenue from I-3 Heavy Industrial District to C-3 Outdoor Commercial District.
Met
3. Suitability of the property for the proposed use as presently zoned
No new uses are proposed. However, because single-family houses with damage to more than 50% of the building are not permitted to be reconstructed in the I-3 Heavy Industrial District, residents wishing to sell or maintain their homes have faced difficulty finding financing. The properties’ current zoning of I-3 is not a suitable zoning district for their existing uses. Single-family dwellings, motels, and mobile home parks are all prohibited in the I-3 Industrial District. All of these uses existed before the area in question was annexed by the City. A zoning change is needed to bring these properties into conformance.
Met
4. Extent of detrimental effects to nearby properties if the application were approved
The C-4 Special Commercial District is a more restrictive district than the I-3 Industrial District. No new detrimental impacts to neighboring properties will be introduced with rezone. The detrimental effects of residential uses adjacent to industrial uses, such as screening, will continue whether or not the application is approved.
Met
5. Length of time the property has remained vacant
Many of the properties in the subject neighborhood are either currently vacant or have been vacant for a significant period of time.
Met
2
ZA18-000007 Industrial Neighborhood Zoning Amendment Request 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
Health, safety, and welfare: Because the neighborhood already contains a variety of uses, the proposed change in zoning will not have a significant impact on the public health safety and welfare. Landowner hardship: Because single-family houses with damage to more than 50% of the building are not permitted to be reconstructed in the I-3 Heavy Industrial District, residents in the subject neighborhood wishing to sell or maintain their homes will have difficulty finding financing. The City Manager’s Office has requested that the Comprehensive Plan land use designation remain industrial. This area was originally annexed with plans to develop industrial uses. The proposed change in zoning will not be in conformance with the Comprehensive Plan. However, precedents have been set to rezone industrially property to commercial to allow for the construction of residential uses. The Comprehensive Land Use Map indicates those areas as industrial. Streets
8. Impact on public facilities and utilities
Planning Commission Staff Report October 9, 2018
Alleys Sidewalks Water Sewer Drainage
The proposed rezone would not change the impact on streets in the neighborhood. The impact on the alleys in the subject neighborhood will not change with this zoning change. There are no sidewalks in this area. This change in zoning district will not impact water infrastructure. This change in zoning district will not impact sewer infrastructure. Drainage facilities will not be impacted by this zoning change.
Met
Met Not Met
Met
Development Review Committee Meeting: A Development Review Committee meeting was held on September 24, 2018 to discuss the proposed zoning map amendment. No comments were received.
3
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
Zoning Map:
Comprehensive Plan Land Use Map:
4
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
Photos:
5
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
6
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
7
ZA18-000007 Industrial Neighborhood Zoning Amendment Request
Planning Commission Staff Report October 9, 2018
Legal Description: Lots 1-10 and the West 18 feet of Lot 11 and Lots 28-54, EXCEPT the North 5 feet of Lots 43 & 44, of Block 1; Lots 1-56 of Block 3; Lots 1-56 of Block 4; Lots 1-54 of Block 6; Lots 1-18 and 27-44 of Block 8; Lots 1-56 of Block 9; Lots 1-56 of Block 10; Lots 1-52 of Block 11; Lots 1-54 of Block 12; Broadland, a subdivision of the Northwest Âź of Section 16, Township 23 South, Range 5 West of the 6th P.M., Hutchinson, Kansas. Public Comments: Public notices were sent to all owners of property subject to rezone and to all property owners within 200 feet of the subject neighborhood. One comment was received from Ann Bush of City Beverage Co. Her Comments are included in Exhibit I. Exhibits: A. Property Owner List B. Housing Condition Map C. Subject Property Map D. Current Zoning Map E. Proposed Zoning Map F. Comprehensive Plan Land Use Map G. Table of Land Use Categories H. Public Hearing Notice I. Email from Ann Bush
8
Exhibit A: Properties and Owners ZA18-000007
Property Address 109 N Taylor 2700 E Leonard 00000 E Leonard 2708 E Leonard 00000 E Leonard 00000 E Leonard 00000 E Leonard 2816 E Leonard 00000 E Leonard 101 N Taylor 2805 E 1st Ave 2811 E 1st Ave 2827 E 1st Ave 00000 E Leonard 00000 E Leonard 2828 E Leonard 2820 E 1st Ave 2824 E 1st Ave 2600 E Leonard 2610 E Leonard 00000 E 2nd Ave 00000 E 2nd Ave 2717 E 2nd Ave 2614 E 1st Ave 2702 E 1st Ave 2701 E 1st Ave 00000 E Leonard 00000 E Leonard 2714 E 1st Ave 00000 E 1st Ave 2609 E 3rd Ave 00000 E 3rd Ave 2611 E 3rd Ave 2602 E 2nd Ave 00000 E 2nd Ave 00000 E 1st Ave 2610 E 2nd Ave 00000 E 2nd Ave 2617 E 2nd Ave 00000 E 2nd Ave 2620 E 2nd Ave 2627 E 2nd Ave 2701 E 2nd Ave
Owner Sylvia A French Virginia Lewis Norman S Gordon Betty Crawford Betty Crawford Betty Crawford Bonnie Birkle James Troutt & Jenny Clark Noel Agosto Jose A & Rosalia Villagomez Arlynn Mast Dorothy F Taylor Dorothy F Taylor Dorothy F Taylor Dorothy F Taylor Dorothy F Taylor Jason Glover Darrel E & Deana Zumalt Philip B & Katherine Caudillo Marin & Lois Mast Patricia R. Kilpatrick Donald & Jerry A Hudson Donald & Jerry A Hudson Brenda Otto Steve Baylss Billy J & Sandra L Cross Billy J & Sandra L Cross Billy J & Sandra L Cross Mark Borecky Angel Serbin & Joann Ortiz Gary & Naomi Ullum Gary & Naomi Ullum Gary & Naomi Ullum Juanita Frank & Nickie Saunders Seth & Dorothy Freeman Seth & Dorothy Freeman Karyl Howell & Dovey Moran Karyl D Howell Karyl D Howell Karyl D Howell James F Tippie Roger & Sawana J Shipley Roger & Sawana J Shipley
Mailing Address 546 E 3rd Ave, 67501 2700 E Leonard, 67501 923 E 8th Ave, 67501 2708 E Leonard, 67501 2708 E Leonard, 67501 2708 E Leonard, 67501 7226 Bainbridge Ct, 67226 1211 11th Terrace, 67501 122 W 6th Ave, 67501 101 N Taylor, 67501 9304 W Illinois, 67501 2827 E 1st Ave, 67501 2827 E 1st Ave, 67501 2827 E 1st Ave, 67501 2827 E 1st Ave, 67501 2827 E 1st Ave, 67501 2820 E 1st Ave, 67501 2824 E 1st Ave, 67501 1711 James, 67502 1505 N Lorraine, 67501 105 E 7th, Apt 308, 67505 2717 E 2nd Ave, 67501 2717 E 2nd Ave, 67501 2614 E 1st Ave, 67501 14903 NW 12th St, 67020 2701 E 1st Ave, 67501 2701 E 1st Ave, 67501 2701 E 1st Ave, 67501 319 W 5th Ave, 67501 725 W Sherman Ave, 67501 2611 E 3rd Ave, 67501 2611 E 3rd Ave, 67501 2611 E 3rd Ave, 67501 2602 E 2nd Ave 3211 N Chambers St, 67205 3211 N Chambers St, 67205 2610 E 2nd Ave, 67501 2610 E 2nd Ave, 67501 2610 E 2nd Ave, 67501 2610 E 2nd Ave, 67501 2620 E 2nd Ave, 67501 5704 Mainline Dr, 67501 5704 Mainline Dr, 67501
Exhibit B: Housing Condition Map
COREY
ZA18-000007
4TH
KIRBY
2ND TAYLOR
SCOTT
HALSTEAD
3RD
1ST
1ST
LEONARD P:\GIS\I-3 to C-4 Rezone Project.mxd
Prepared by Planning and Development July 11, 2018 www.hutchgov.com/planning
Purpose: This area has single-family dwellings which are unable to secure financing due to their zoning designation (I-3). The goal is to rezone this area to C-4, and with a CUP, a property owner would be able to secure financing and/or rebuild if the home were destroyed.
2018 Condition
Average
Fair
Poor
Very Poor Uninhabitable
0 62.5125
250
375
Feet 500
N
Exhibit C: Subject Properties
I-3 to C-4 Rezoning Project
4TH
KIRBY
SCOTT
3RD
TAYLOR
2ND
1ST
LEONARD
Prepared by Planning and Development July 11, 2018 www.hutchgov.com/planning
Purpose: This area has single-family dwellings which are unable to secure financing due to their zoning designation (I-3). The goal is to rezone this area to C-4, and with a CUP, a property owner would be able to secure financing and/or rebuild if the home were destroyed.
P:\GIS\I-3 to C-4 Rezone Project.mxd
Legend ZA18000007subj
0 50 100
200
300
Feet 400
N
Exhibit D: Current Zoning
I-3 to C-4 Rezoning Project
6TH CESSNA
DUFFY
BELL
GRAND
6TH
COREY
7TH
SCOTT
SUPERIOR
2ND 1ST
1ST
LEONARD
GRAND
1ST
KIRBY
TOWN
3RD
TAYLOR
3RD
HALSTEAD
CHEMICAL
4TH
TAYLOR
SHERMAN
SHERMAN
SHERMAN A B
Prepared by Planning and Development July 11, 2018 www.hutchgov.com/planning
Purpose: This area has single-family dwellings which are unable to secure financing due to their zoning designation (I-3). The goal is to rezone this area to C-4, and with a CUP, a property owner would be able to secure financing and/or rebuild if the home were destroyed.
Legend Subject Area
Jade Shain
R4
MP
C4
I1
I3
P/I
0 125 250
500
750
Feet 1,000
N
Exhibit E: Proposed Zoning
I-3 to C-4 Rezoning Project
6TH CESSNA
DUFFY
BELL
GRAND
6TH
COREY
7TH
SCOTT
SUPERIOR
2ND 1ST
1ST
LEONARD
GRAND
1ST
KIRBY
TOWN
3RD
TAYLOR
3RD
HALSTEAD
CHEMICAL
4TH
TAYLOR
SHERMAN
SHERMAN
SHERMAN A B
Prepared by Planning and Development July 11, 2018 www.hutchgov.com/planning
Purpose: This area has single-family dwellings which are unable to secure financing due to their zoning designation (I-3). The goal is to rezone this area to C-4, and with a CUP, a property owner would be able to secure financing and/or rebuild if the home were destroyed.
Legend Subject Area
Jade Shain
I3toC4RezoningProject
R4
MP
C4
I1
I3
0 125 250
500
P/I
750
Feet 1,000
N
Exhibit F: Comprehensive Plan Land Use
I-3 to C-4 Rezoning Project
7TH
DUFFY
BELL
GRAND
6TH
COREY
High Density Residential
CESSNA
Public/Institutional Industrial Industrial
SUPERIOR
SCOTT
Industrial
TAYLOR
3RD
HALSTEAD
CHEMICAL
4TH
2ND 1ST
1ST
LEONARD
GRAND
1ST
Public/Institutional
KIRBY
3RD
TOWN
6TH
TAYLOR
SHERMAN
SHERMAN
SHERMAN
A B
Prepared by Planning and Development July 11, 2018 www.hutchgov.com/planning
Purpose: This area has single-family dwellings which are unable to secure financing due to their zoning designation (I-3). The goal is to rezone this area to C-4, and with a CUP, a property owner would be able to secure financing and/or rebuild if the home were destroyed.
P:\GIS\I-3 to C-4 Rezone Project.mxd
Legend ZA18000007subj
R4
MP
C4
I1
I3
P/I
0 125 250
500
750
Feet 1,000
N
Exhibit G Sec. 27-405 Table of Land Use Categories Explanation. The Table of Land Use Categories found in Sec. 27-406 of these regulations is a listing of uses that may be allowed in each of the zoning districts. Land use types are grouped into specific land use categories in the table. The land use categories are later listed in each of the zoning district sections in lieu of specific use types. If a land use category is listed in a specific zoning district section, this does not mean that every use in that land use category is allowed. One must refer to the specific use types in the table to determine whether or not a particular use is permitted within a specific zoning district. The various uses within Sec. 27-406 are classified as: permitted (P); allowed pursuant to meeting established design standards (D); allowed upon approval of a conditional use permit (C); allowed upon approval of a special use permit (S); or not allowed (N). Special use permits are heard and decided by the Board of Zoning Appeals. Conditional use permits are heard by the Planning Commission, who makes a recommendation to the City Council, who in turn makes the final decision. Design standards and those uses listed permitted by right are reviewed administratively by City Staff. The table in Sec. 27-406.D. also lists accessory uses which may be allowed or not allowed in each zoning district. The list of accessory uses can be found at the end of the table. Uses of land not listed in the Table of Land Use Categories are not necessarily excluded. The zoning administrator shall be empowered to make interpretations of land use categorical similarity.
` Sec. 27-406 Table of Land Use Categories. A. Use Table - Residential RESIDENTIAL USE CATEGORY
COMMERCIAL
Design Standards
TA
Specific Use
R-1
INDUSTRIAL / OTHER
R-3
R-4
R-5
R-6
MH
MP
R-2
C-1
C-3
C-2
C-4
C-5
I-1
I-3
C-R
I-2
A-1
E-N
P/I
and Use Restrictions*
RESIDENTIAL HOUSEHOLD
LIVING,
AS
LISTED
BELOW: Accessory dwelling unit
N
D
D
N
D
N
N
N
N
N
N
N
D
N
See 27-406.A.1.
Compact development / economy home
N
N
N
N
D
D
D
N
N
N
N
N
N
N
Cottage court
N
N
D
D
D
D
N
N
N
N
N
N
N
N
See 27-406.A.4.
Live/work unit
N
N
N
N
N
N
N
N
S
D
N
N
S
N
See 27-406.A.5.
Manufactured home (residential design)
D
D
D
D
D
D
N
D
S
N
N
N
S
N
See 27-406.A.6.
Manufactured home (certified)
N
N
N
N
N
N
D
N
N
N
N
N
N
N
See 27-406.A.7.
Multi-unit living
N
N
D
D
D
N
N
D
D
D
N
N
D
D
See 27-406.A.8.
Non-ground floor dwelling (loft)
N
N
N
N
N
N
N
N
S
D
N
N
N
N
See 27-406.A.9.
Single-unit living
D
D
D
D
D
D
N
D
S
D
N
N
S
D
See27- 406.A.10.
Two-unit living
S
S
D
D
D
D
N
D
S
D
N
N
S
N
See 27-406.A.11.
S
S
S
D
D
S
N
D
D
S
N
N
S
N
See 27-406.A.12.
Assisted living
S
S
S
D
D
S
N
S
S
D
N
N
S
S
See 27-406.A.12.
Dormitory, fraternity, sorority
S
S
S
D
S
S
N
N
N
D
N
N
S
N
See 27-406.A.13.
Emergency Shelters
D
D
D
D
D
N
N
P
P
P
N
N
P
D
See 27-406.A.2. & 27-406.A.3.
CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED BY FEDERAL LAW:
C Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements *Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.A.1. through Sec. 27-406.A.13, the provisions of this Section shall prevail.
2
See 27-406.A.14
` B. Use Table – Commercial RESIDENTIAL TA USE CATEGORY Specific Use
R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1
I-3
C-R
I-2
A-I
E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL ADULT ENTERTAINMENT
N
N
N
N
N
N
N
S
N
S
S
N
N
H
H
N
H
N
P
P
P
P
N
N
P
N
D
N
N
N
N
N
N
D
N
N
N
N
D
See 27-406.B.2.
D
N
N
N
N
N
N
N
N
N
N
N
N
See 27-406.B.3.
N
N
D
D
N
P
P
P
P
N
D
D
D
See 27-406.B.4.
Bar/Tavern
N
N
N
N
N
N
N
P
P
N
N
N
P
Class A Club
N
S
S
S
N
P
P
P
P
P
P
D
P
See 27-406.B.5.
Drive-In/Thru restaurant
N
N
N
N
N
N
N
D
D
N
N
D
N
See 27-406.B.6.
Mobile vendor park
N
N
N
N
N
D
D
D
D
D
D
D
D
See 27-406.B.7.
N
N
N
N
N
P
P
P
P
N
N
P
P
Extended care facility
N
N
D
N
N
P
P
P
D
N
N
P
P
Hospital
N
N
N
N
N
N
N
P
D
N
N
P
P
N
N
N
N
N
D
D
P
P
D
D
P
P
See 27-406.B.9.
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
P
See 27-908.E. & See
Principal use
N
N
N
N
N
P
P
P
P
P
P
P
P
27-702.
ANIMAL SERVICES, EXCEPT AS LISTED BELOW: Boarding / Shelter / Veterinary Services and Animal Hospitals Stables
See 27-406.B.1. See 27-901. & Ch 7 of this Code
EATING & DRINKING ESTABLISHMENTS, EXCEPT AS BELOW:
MEDICAL CARE, INCLUDING OFFICE, EXCEPT AS BELOW:
OFFICE, GENERAL
See Ch 18, Alcoholic Liquors & Beverages
See 27-406.B.8.
PARKING FACILITIES:
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1
D=Permitted with Design Requirements
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail. 4
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL (CONTâ&#x20AC;&#x2122;D) PUBLIC, INSTITUTIONAL & CIVIC FACILITIES, EXCEPT AS BELOW: Cemetery Cremation Child or adult day care center / Day care home (not owner occupied only) Day care home (owner occupied only) Detention center Large-scale assembly (>20,000 SF) RECREATIONAL & ENTERTAINMENT FACILITIES, AS LISTED BELOW: Passive recreation and small-scale active recreation (< 1 acre) Active recreation (1+ acres) and athletic fields Stadiums Commercial recreation and entertainment, including movie theatres, drive-in theatres and motorized recreation
D
D
D
D
D
P
P
P
P
P
P
P
P
See 27-406.B.10.
D D
N N
N N
N N
N N
N N
N D
D D
N N
N N
N N
N N
D D
See 27-406.B.11. See 27-406.B.12.
S
S
S
S
N
D
D
D
D
D
D
D
D
See 27-406.B.13. & 27-903
H N S
H N S
H N S
H N S
H N N
H N D
H N D
H C D
H N D
N N N
N C N
H N S
N C D
See 27-903 See 27-406.B.14. See 27-406.B.15.
D
D
D
D
D
P
P
P
P
P
P
P
P
See 27-406.B.16.
D
D
D
D
D
D
D
D
D
N
N
D
P
See 27-406.B.17.
N
N
N
N
N
N
D
D
D
N
N
D
D
See 27-406.B.18.
N
N
N
N
N
N
D
D
D
D
D
D
D
See 27-406.B.19.
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1
D=Permitted with Design Requirements
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
5
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL (CONT’D) See 27-406.B.20. 27-901
REPAIR, EXCEPT VEHICLE REPAIR:
H
H
H
H
N
D
D
D
D
D
D
D
D
RETAIL RENTAL & SALES: Ammunition / Firearms / Gunsmiths Large (> 18,000 SF) Medium (3001 – 18,000 SF) Outdoor retail sales Small (up to 3000 SF)
N N N N N
H N N N N
H N N N N
H N N N D
N N N N N
N N N D P
N N N D P
D D P D P
D D P D P
N N N N D
N N N N D
N N P D P
N N N N D
See 27-406.B.21. See 27-911
TRANSIENT ACCOMMODATIONS Bed & breakfast Recreational Vehicle Park Hotel, Motel, Extended Stay SERVICES (PERSONAL), EXCEPT AS BELOW: Dry cleaner
D N N H N
D N N H N
D N D H N
D N N H N
N N N H N
D N D P N
D N D P P
D C P P P
D N P P P
N C N D N
N N N D N
D N D P P
N N N D N
See 27-406.B.24. See 27-906 See 27-406.B.25.
N P * D
N P * D
N P * D
N P * D
D P * D
D P * D
N P * D
D P * D
D P * D
D P * D
N P * D
See 27-406.B.27.
**
**
**
**
**
**
**
**
**
**
**
**See 27-921
STORAGE, SELF-SERVICE N N UTILITIES, EXCEPT AS BELOW: P P Wind Energy Conversion Systems * * Wireless Communication Facilities (Public ROW) D D Wireless Communication Facilities (Private ** ** property) Key: P= Permitted Use S = Special Use C = Conditional Use
N = Not Permitted
1
D=Permitted with Design Requirements
See 27-406.B.22. See 27-406.B.23.
See 27-406.B.26.
*See 27-923 See 27-406.B.28.
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
6
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
P
P
N
N
P
N
Design Standards & Use Restrictions
COMMERCIAL (CONTâ&#x20AC;&#x2122;D) VEHICLE SALES, SERVICE AND STORAGE, EXCEPT AS NOTED BELOW:
N
N
Boat / RV storage N N Car wash, light-medium duty vehicles N N Fueling station N N Inoperable vehicle storage, accessory use N N Motor vehicle repair (light- medium) N N Truck stop N N Key: P= Permitted Use S = Special Use C = Conditional Use
N
N
N
P
N N N N N N N N N N N N N N N N N N N = Not Permitted
1
P
N N D N D D D D D D D D N D D D D D N N D D D D N N S S S S N N D N D D D=Permitted with Design Requirements
N N See 27-406.B.29. D D See 27-901.J. D D See 27-406.30. D D See 27-406.B.31. S D See 27-406.B.32. N N See 27-406.B.33. H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
7
` C. Use Table â&#x20AC;&#x201C; Industrial & Other RESIDENTIAL TA R-1 R-2
USE CATEGORY Specific Use
R-3 R-4
R-5
R-6
COMMERCIAL
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1 I-2
I-3 A-I
CR EN
P/I
Design Standards & Use Restrictions1
INDUSTRIAL AND OTHER USES AGRICULTURAL USES, EXCEPT AS BELOW: Agricultural chemical manufacture or storage / Agricultural product processing or storage Community gardens Agricultural equipment sales and service Agricultural sales, including onsite product sales
D
D
D
D
D
D
D
D
D
D
D
D
D
See 27-406.C.1.
N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.C.2.
D
D
D
D
D
D
D
D
D
D
D
D
D
See 27-406.C.3.
N
N
N
N
N
N
N
D
N
D
D
N
N
See 27-406.C.4.
D
D
D
D
D
N
N
N
N
N
N
N D
N
See 27-406.C.5.
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
D
P
N
C
See 27-406.C.6. See 27-912
CONTRACTORS, AS DENOTED BELOW: Offices H Storage yards N Wholesale sales N
H N N
H N N
H N N
H N N
D N N
D N N
D D N
D N N
P D D
P D D
D D N
D D N
See 27-406.C.7. See 27-912
N
N
N
N
N
N
N
N
N
N
C
N
N
N
N
N
N
N
N
N
N
N
N
C
N
N
See 27-406.C.8. See 27-912 See 27-406.C.10.
N
N
N
N
N
N
N
D
D
D
D
D
N
See 27-406.C.9.a.
Feedlots RESEARCH AND DEVELOPMENT
HAZARDOUS MATERIALS MANUFACTURING / STORAGE LANDFILL MANUFACTURING: Artisanal
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.C.1. through Sec. 27.406.C.12., the provisions of this Section shall prevail.
RESIDENTIAL TA R-1 R-2
USE CATEGORY Specific Use
R-3 R-4
R-5
COMMERCIAL
R-6
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
INDUSTRIAL AND OTHER USES See 27-406.C.9.b. See 27-912 See 27-406.C.9.c. See 27-912 See 27-406.C.10.
Light
N
N
N
N
N
N
N
N
N
D
D
N
N
Heavy
N
N
N
N
N
N
N
N
N
N
D
N
N
MINING / EXTRACTION
C
C
C
C
C
C
C
C
C
C
C
C
C
Oil/Natural Gas REPAIR (AIRCRAFT, RAILCAR & HEAVY VEHICLE) SALVAGE YARDS, INCLUDING AUTO SALVAGE STORAGE AND WAREHOUSES, EXCEPT SELF-SERVICE, AND AS LISTED BELOW: Outdoor storage (accessory) TRANSPORTATION*
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
S
N
N
See 27-406.C.11.
N
N
N
N
N
N
N
N
N
N
C
N
N
See 27-917
N
N
N
N
N
N
N
D
N
D
D
N
N
See 27-406.C.12.
N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.C.13.
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N S
S S P
N N N
N N N
Multi-modal transfer station Railyard Motor Freight Terminal
*Refer to the A/I Airport Industrial Zoning District for specific regulations pertaining to the airport and related uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.C.1. through Sec. 27.406.C.12., the provisions of this Section shall prevail.
10
` D.
Use Table â&#x20AC;&#x201C; Accessory Uses RESIDENTIAL TA R-1
USE CATEGORY
R-2
R-3 R-4
R-5
R-6
COMMERCIAL
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1 I-2
I-3 A-I
CR EN
P/I
Design Standards & Use Restrictions1
ACCESSORY USES Accessory Structures (Decks, patios, pergolas, gazebos, non-commercial greenhouses, detached garages, sheds, carports and similar structures)
D
D
D
D
D
D
D
D
D
D
D
D
D
See Sec 27-314
N
N
N
N
D
D
D
D
D
D
D
D
See 27-406.D.1.
N
N
N
N
N
N
N
N
D
D
N
D
See 27-406.D.2.
Grain storage bins and grain silos
N D N N D N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.D.3.
Home occupation
N D
D
D
D
D
D
D
D
D
D
D
D
D
Multi-modal shipping containers / portable storage containers
See 27-901. See 27-915
N
N
N
N
N
N
N
D
N
P
P
D
P
Offices
P H H
H
H
H
H
P
P
P
P
P
P
P
P
Collection bins, free-standing Fuel storage tanks; fuel storage and dispensing (non-commercial)
Propane tanks for household utility fuel P P P P P P Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
P P P P P P P D=Permitted with Design Requirements H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail.
12
RESIDENTIAL TA R-1
USE CATEGORY
R-2
R-3 R-4
R-5
COMMERCIAL
R-6
MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
Except R-2.
ACCESSORY USES Storage of farm materials, products and equipment Swimming Pool, Private
P N N P
Large Truck or Trailer Parking
N
N
N
N
N
N
N
N
N
P
P
N
N
P
P
P
P
P
P
P
N
N
N
P
P
N
N
N
N
N
N
D
N
D
D
N
N
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
See 27-916
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail.
13
Exhibit H NOTICE OF PUBLIC HEARING HUTCHINSON PLANNING COMMISSION Notice is hereby given that the Planning Commission of the City of Hutchinson will hold a public hearing at 5:30 p.m., Tuesday, October 9, 2018, or as soon thereafter as a quorum of Commission members can be assembled, at City Hall, 125 East Avenue B, in Hutchinson, Kansas, to consider Case No. ZA18-000007, a request by Jenny Clark, to rezone the following properties from I-3 Heavy Industrial to C-4 Commercial: Lots 1-10 and the West 18 feet of Lot 11 and Lots 28-54, EXCEPT the North 5 feet of Lots 43 & 44, of Block 1; Lots 1-56 of Block 3; Lots 1-56 of Block 4; Lots 1-54 of Block 6; Lots 1-18 and 27-44 of Block 8; Lots 1-56 of Block 9; Lots 1-56 of Block 10; Lots 1-52 of Block 11; Lots 1-54 of Block 12; Broadland, a subdivision of the Northwest Âź of Section 16, Township 23 South, Range 5 West of the 6th P.M., Hutchinson, Kansas. All interested persons may appear at the time and place specified above to give verbal testimony regarding the above proposed action. The above proposal and a complete legal description are available for public inspection at City Hall during regular business hours, as well as on the Cityâ&#x20AC;&#x2122;s website at www.hutchgov.com/planning. Anyone who requires an auxiliary aid or service for effective communication at the Planning Commission meeting or any City program, service, or activity, should contact Amy Allison, Senior Planner, 620-694-2338, amy.allison@hutchgov.com, TDD KS Relay Center 7-11, no later than 48 hours prior to the meeting. Jade Shain, Planning Technician City of Hutchinson
Exhibit I Aaron Barlow From: Sent: To: Subject:
Ann Bush <annbush@citybev.biz> Friday, September 21, 2018 3:16 PM Aaron Barlow Zoning Amendment Vicinity of E4th and N Kirby
Follow Up Flag: Flag Status:
Follow up Flagged
Aaron: Good afternoon. I am the past president of the Hutchinson Industrial District #1, a quasi‐governmental body that dissolved following annexation of our district into the city of Hutchinson. I am also the owner, with my husband Bob, of City Beverage, located near the properties being considered to rezone. As a long‐time HID1 board member and a neighbor in the community, I am concerned with the rezoning of the parcels from industrial to commercial. Over the years, I have gotten a great deal of complaints from the residents in the neighborhood about cardboard trash blowing into their yards. One of the Sonoco plant managers, Jim Kicklighter, told me he had at least 4 residents come by the plant every month with complaints of blowing cardboard. My concern with the change of zoning is that commercial property owners have a different set of expectations regarding the appearance of the neighborhood than industrial property owners have. I fear the city is setting themselves up for more complaints in the future by rezoning. Unfortunately, I am traveling when the zoning hearing is scheduled. As the property owner of City Beverage, I am not opposed to the rezone, but as previously stated, the commercial property owners may be displeased by having grain elevators and a cardboard recycling facility as neighbors. Regards, Ann Bush City Beverage 620‐727‐7081
1
STAFF REPORT
Agenda Item #: ____
Planning Commission
PUBLIC HEARING: YES NO MEETING DATE: October 9, 2018
DATE: October 1, 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
CASE #: ZA18-000008
Board of Zoning Appeals
SUBJECT PROPERTY: 2301 E 4th Avenue
APPLICANT INFORMATION
PROPERTY PHOTO
APPLICANT: Debbie Sorensen D & D Towing
STAFF RECOMMENDATION:
The Comprehensive Plan Land Use Map designates the properties at 2301 E 4th Avenue as Industrial, which is compatible with the proposed zoning designation.
DESIGN PROFESSIONAL: Not applicable to this case CONCURRENT APPLICATIONS: N/A
ZONING: C-4 Special Commercial District PROPERTY INFORMATION
The applicant is requesting a change in zoning designation for the properties located at 2301 E 4th Avenue and 00000 E 4th Avenue from C-4 Special Commercial District to I-3 Heavy Industrial District. This change will allow for uses related to Truck Terminals and Parking.
PROPERTY OWNER: D & D Towing
APPLICATION MATERIALS: http://www.hutchgov.com/1099/CurrentCase-Materials
DENIAL
PROJECT SUMMARY
APPROVAL WITH CONDITIONS
COMP PLAN COMPATIBILITY
APPROVAL
STAFF REPRESENTATIVE: Amy Allison, AICP Senior Planner
COMPREHENSIVE PLAN DESIGNATION: Industrial SUBDIVISION: Grandview Addition EXISTING LAND USE: Vacant Commercial Building, Vacant Lot SITE IMPROVEMENTS: none
LOCATION MAP
NOTIFICATIONS & REVIEW
SIZE OF PROPERTY: 29,520 square feet (two lots)
N Subject Property
DEVELOPMENT REVIEW: 9/26/2018 PUBLIC NOTICE PUBLISHED 9/12/2018, Hutchinson News PROPERTY OWNER NOTICE MAILED: 9/10/2018 to all 8 owners of the 8 properties within 200 feet NEXT STEPS: City Council Mtg: 11/6/2018
FOR OFFICE USE ONLY
Approved Approved with Conditions Denied Tabled
ZA18-000008 Zoning Amendment for 2301 E 4th Avenue
Planning Commission Staff Report October 9, 2018
Analysis of Factors Required for Approval of Zoning Amendment Requests: Factor
Analysis
1. Character of the neighborhood
The property in question is located adjacent to industrial property in a neighborhood with a mixture of industrial and commercial uses. The closest residential use is a mobile home park located to the north of this property. The first mobile home space is located some distance off of 4th Avenue.
2. Current zoning and uses of nearby property
Location Subject Properties North South East West
Met | Not Met
Zoning C-4 Special Commercial District C-4 Special Commercial District I-3 Heavy Industrial District I-3 Heavy Industrial District C-4 Special Commercial District
Met Not Met
Use Vacant Commercial Building and Lot Mobile Home Park, Multi-Family Salvage Yard
Met Not Met
Salvage Yard Vacant Lot and Self-Storage Units
3. Suitability of the property for the proposed use as presently zoned
The applicant plans to use the property for Commercial Truck Parking. The current C4 zoning would not be compatible with the proposed use. The surrounding properties are zoned I-3 which the proposed use is compatible with.
Met
4. Extent of detrimental effects to nearby properties if the application were approved
There would be no anticipated immediate impacts to adjacent property owners if the zoning amendment request is approved. However, the change in zoning would allow heavier industrial uses closer to existing residential uses. Any new developments would have to conform with the City’s regulations but there could be instances where no changes would be required due to the 30% expansion rule.
Met Not Met
5. Length of time the property has remained vacant
The property has been vacant since March of 2018.
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: Because the neighborhood already contains a variety of uses and zoning districts, the proposed change in zoning will not have a significant impact on the public health safety and welfare. Landowner hardship: If the zoning amendment request is denied, the applicant will be unable to use the property for commercial truck parking.
2
Met
ZA18-000008 Zoning Amendment for 2301 E 4th Avenue 7. Conformance of this request to the Comprehensive Plan
According to the 2017‐2037 Comprehensive Plan, the property’s land use designation is Industrial. The current zoning, C-4, is not a compatible zoning district with this designation. The proposed zoning district is compatible.
Streets
8. Impact on public facilities and utilities
Planning Commission Staff Report October 9, 2018
Alleys Sidewalks Water Sewer Drainage
The proposed commercial parking lot would likely increase truck traffic on 4th Avenue. However, 4th Avenue is already used for commercial truck traffic and its designation as an arterial street supports this level of traffic. N/A There is existing sidewalks in this area. This change in zoning district will not impact water infrastructure. This change in zoning district will not impact sewer infrastructure. The existing lot is already paved. Any impact should be offset by stormwater fees.
Met
Met
Development Review Committee Meeting: A Development Review Committee meeting was held on September 26, 2018 to discuss the proposed zoning map amendment. No Comments were received.
3
ZA18-000008 Zoning Amendment for 2301 E 4th Avenue
Planning Commission Staff Report October 9, 2018
Zoning Map:
Comprehensive Plan Land Use Map:
4
ZA18-000008 Zoning Amendment for 2301 E 4th Avenue
Planning Commission Staff Report October 9, 2018
Photos:
5
ZA18-000008 Zoning Amendment for 2301 E 4th Avenue
Planning Commission Staff Report October 9, 2018
Legal Description: The West 100 feet of Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Grandview Addition, Hutchinson, Reno County, Kansas AND Lots 1 through 8, Except the west 100 feet of said Lots and East 10 feet thereof, Block 6, Grandview Addition, Hutchinson, Reno County, Kansas Exhibits: A. Table of Land Use Categories B. Public Hearing Notice
6
Exhibit A Sec. 27-405 Table of Land Use Categories Explanation. The Table of Land Use Categories found in Sec. 27-406 of these regulations is a listing of uses that may be allowed in each of the zoning districts. Land use types are grouped into specific land use categories in the table. The land use categories are later listed in each of the zoning district sections in lieu of specific use types. If a land use category is listed in a specific zoning district section, this does not mean that every use in that land use category is allowed. One must refer to the specific use types in the table to determine whether or not a particular use is permitted within a specific zoning district. The various uses within Sec. 27-406 are classified as: permitted (P); allowed pursuant to meeting established design standards (D); allowed upon approval of a conditional use permit (C); allowed upon approval of a special use permit (S); or not allowed (N). Special use permits are heard and decided by the Board of Zoning Appeals. Conditional use permits are heard by the Planning Commission, who makes a recommendation to the City Council, who in turn makes the final decision. Design standards and those uses listed permitted by right are reviewed administratively by City Staff. The table in Sec. 27-406.D. also lists accessory uses which may be allowed or not allowed in each zoning district. The list of accessory uses can be found at the end of the table. Uses of land not listed in the Table of Land Use Categories are not necessarily excluded. The zoning administrator shall be empowered to make interpretations of land use categorical similarity.
` Sec. 27-406 Table of Land Use Categories. A. Use Table - Residential RESIDENTIAL USE CATEGORY
COMMERCIAL
Design Standards
TA
Specific Use
R-1
INDUSTRIAL / OTHER
R-3
R-4
R-5
R-6
MH
MP
R-2
C-1
C-3
C-2
C-4
C-5
I-1
I-3
C-R
I-2
A-1
E-N
P/I
and Use Restrictions*
RESIDENTIAL HOUSEHOLD
LIVING,
AS
LISTED
BELOW: Accessory dwelling unit
N
D
D
N
D
N
N
N
N
N
N
N
D
N
See 27-406.A.1.
Compact development / economy home
N
N
N
N
D
D
D
N
N
N
N
N
N
N
Cottage court
N
N
D
D
D
D
N
N
N
N
N
N
N
N
See 27-406.A.4.
Live/work unit
N
N
N
N
N
N
N
N
S
D
N
N
S
N
See 27-406.A.5.
Manufactured home (residential design)
D
D
D
D
D
D
N
D
S
N
N
N
S
N
See 27-406.A.6.
Manufactured home (certified)
N
N
N
N
N
N
D
N
N
N
N
N
N
N
See 27-406.A.7.
Multi-unit living
N
N
D
D
D
N
N
D
D
D
N
N
D
D
See 27-406.A.8.
Non-ground floor dwelling (loft)
N
N
N
N
N
N
N
N
S
D
N
N
N
N
See 27-406.A.9.
Single-unit living
D
D
D
D
D
D
N
D
S
D
N
N
S
D
See27- 406.A.10.
Two-unit living
S
S
D
D
D
D
N
D
S
D
N
N
S
N
See 27-406.A.11.
S
S
S
D
D
S
N
D
D
S
N
N
S
N
See 27-406.A.12.
Assisted living
S
S
S
D
D
S
N
S
S
D
N
N
S
S
See 27-406.A.12.
Dormitory, fraternity, sorority
S
S
S
D
S
S
N
N
N
D
N
N
S
N
See 27-406.A.13.
Emergency Shelters
D
D
D
D
D
N
N
P
P
P
N
N
P
D
See 27-406.A.2. & 27-406.A.3.
CONGREGATE LIVING, EXCEPT AS LISTED BELOW OR AS PROTECTED BY FEDERAL LAW:
C Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted D=Permitted with Design Requirements *Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.A.1. through Sec. 27-406.A.13, the provisions of this Section shall prevail.
2
See 27-406.A.14
` B. Use Table â&#x20AC;&#x201C; Commercial RESIDENTIAL TA USE CATEGORY Specific Use
R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1
I-3
C-R
I-2
A-I
E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL ADULT ENTERTAINMENT
N
N
N
N
N
N
N
S
N
S
S
N
N
H
H
N
H
N
P
P
P
P
N
N
P
N
D
N
N
N
N
N
N
D
N
N
N
N
D
See 27-406.B.2.
D
N
N
N
N
N
N
N
N
N
N
N
N
See 27-406.B.3.
N
N
D
D
N
P
P
P
P
N
D
D
D
See 27-406.B.4.
Bar/Tavern
N
N
N
N
N
N
N
P
P
N
N
N
P
Class A Club
N
S
S
S
N
P
P
P
P
P
P
D
P
See 27-406.B.5.
Drive-In/Thru restaurant
N
N
N
N
N
N
N
D
D
N
N
D
N
See 27-406.B.6.
Mobile vendor park
N
N
N
N
N
D
D
D
D
D
D
D
D
See 27-406.B.7.
N
N
N
N
N
P
P
P
P
N
N
P
P
Extended care facility
N
N
D
N
N
P
P
P
D
N
N
P
P
Hospital
N
N
N
N
N
N
N
P
D
N
N
P
P
N
N
N
N
N
D
D
P
P
D
D
P
P
See 27-406.B.9.
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
P
See 27-908.E. & See
Principal use
N
N
N
N
N
P
P
P
P
P
P
P
P
27-702.
ANIMAL SERVICES, EXCEPT AS LISTED BELOW: Boarding / Shelter / Veterinary Services and Animal Hospitals Stables
See 27-406.B.1. See 27-901. & Ch 7 of this Code
EATING & DRINKING ESTABLISHMENTS, EXCEPT AS BELOW:
MEDICAL CARE, INCLUDING OFFICE, EXCEPT AS BELOW:
OFFICE, GENERAL
See Ch 18, Alcoholic Liquors & Beverages
See 27-406.B.8.
PARKING FACILITIES:
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1
D=Permitted with Design Requirements
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail. 4
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL (CONTâ&#x20AC;&#x2122;D) PUBLIC, INSTITUTIONAL & CIVIC FACILITIES, EXCEPT AS BELOW: Cemetery Cremation Child or adult day care center / Day care home (not owner occupied only) Day care home (owner occupied only) Detention center Large-scale assembly (>20,000 SF) RECREATIONAL & ENTERTAINMENT FACILITIES, AS LISTED BELOW: Passive recreation and small-scale active recreation (< 1 acre) Active recreation (1+ acres) and athletic fields Stadiums Commercial recreation and entertainment, including movie theatres, drive-in theatres and motorized recreation
D
D
D
D
D
P
P
P
P
P
P
P
P
See 27-406.B.10.
D D
N N
N N
N N
N N
N N
N D
D D
N N
N N
N N
N N
D D
See 27-406.B.11. See 27-406.B.12.
S
S
S
S
N
D
D
D
D
D
D
D
D
See 27-406.B.13. & 27-903
H N S
H N S
H N S
H N S
H N N
H N D
H N D
H C D
H N D
N N N
N C N
H N S
N C D
See 27-903 See 27-406.B.14. See 27-406.B.15.
D
D
D
D
D
P
P
P
P
P
P
P
P
See 27-406.B.16.
D
D
D
D
D
D
D
D
D
N
N
D
P
See 27-406.B.17.
N
N
N
N
N
N
D
D
D
N
N
D
D
See 27-406.B.18.
N
N
N
N
N
N
D
D
D
D
D
D
D
See 27-406.B.19.
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1
D=Permitted with Design Requirements
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
5
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
COMMERCIAL (CONT’D) See 27-406.B.20. 27-901
REPAIR, EXCEPT VEHICLE REPAIR:
H
H
H
H
N
D
D
D
D
D
D
D
D
RETAIL RENTAL & SALES: Ammunition / Firearms / Gunsmiths Large (> 18,000 SF) Medium (3001 – 18,000 SF) Outdoor retail sales Small (up to 3000 SF)
N N N N N
H N N N N
H N N N N
H N N N D
N N N N N
N N N D P
N N N D P
D D P D P
D D P D P
N N N N D
N N N N D
N N P D P
N N N N D
See 27-406.B.21. See 27-911
TRANSIENT ACCOMMODATIONS Bed & breakfast Recreational Vehicle Park Hotel, Motel, Extended Stay SERVICES (PERSONAL), EXCEPT AS BELOW: Dry cleaner
D N N H N
D N N H N
D N D H N
D N N H N
N N N H N
D N D P N
D N D P P
D C P P P
D N P P P
N C N D N
N N N D N
D N D P P
N N N D N
See 27-406.B.24. See 27-906 See 27-406.B.25.
N P * D
N P * D
N P * D
N P * D
D P * D
D P * D
N P * D
D P * D
D P * D
D P * D
N P * D
See 27-406.B.27.
**
**
**
**
**
**
**
**
**
**
**
**See 27-921
STORAGE, SELF-SERVICE N N UTILITIES, EXCEPT AS BELOW: P P Wind Energy Conversion Systems * * Wireless Communication Facilities (Public ROW) D D Wireless Communication Facilities (Private ** ** property) Key: P= Permitted Use S = Special Use C = Conditional Use
N = Not Permitted
1
D=Permitted with Design Requirements
See 27-406.B.22. See 27-406.B.23.
See 27-406.B.26.
*See 27-923 See 27-406.B.28.
H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
6
RESIDENTIAL
USE CATEGORY Specific Use
TA R-1 R-2
R-3 R-4
R-5
R-6
COMMERCIAL MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
P
P
N
N
P
N
Design Standards & Use Restrictions
COMMERCIAL (CONTâ&#x20AC;&#x2122;D) VEHICLE SALES, SERVICE AND STORAGE, EXCEPT AS NOTED BELOW:
N
N
Boat / RV storage N N Car wash, light-medium duty vehicles N N Fueling station N N Inoperable vehicle storage, accessory use N N Motor vehicle repair (light- medium) N N Truck stop N N Key: P= Permitted Use S = Special Use C = Conditional Use
N
N
N
P
N N N N N N N N N N N N N N N N N N N = Not Permitted
1
P
N N D N D D D D D D D D N D D D D D N N D D D D N N S S S S N N D N D D D=Permitted with Design Requirements
N N See 27-406.B.29. D D See 27-901.J. D D See 27-406.30. D D See 27-406.B.31. S D See 27-406.B.32. N N See 27-406.B.33. H=Home Occupation Only
Where parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27-406.B.1. through Sec. 27-406.B.33. the provisions of this Section shall prevail.
7
` C. Use Table â&#x20AC;&#x201C; Industrial & Other RESIDENTIAL TA R-1 R-2
USE CATEGORY Specific Use
R-3 R-4
R-5
R-6
COMMERCIAL
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1 I-2
I-3 A-I
CR EN
P/I
Design Standards & Use Restrictions1
INDUSTRIAL AND OTHER USES AGRICULTURAL USES, EXCEPT AS BELOW: Agricultural chemical manufacture or storage / Agricultural product processing or storage Community gardens Agricultural equipment sales and service Agricultural sales, including onsite product sales
D
D
D
D
D
D
D
D
D
D
D
D
D
See 27-406.C.1.
N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.C.2.
D
D
D
D
D
D
D
D
D
D
D
D
D
See 27-406.C.3.
N
N
N
N
N
N
N
D
N
D
D
N
N
See 27-406.C.4.
D
D
D
D
D
N
N
N
N
N
N
N D
N
See 27-406.C.5.
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
D
P
N
C
See 27-406.C.6. See 27-912
CONTRACTORS, AS DENOTED BELOW: Offices H Storage yards N Wholesale sales N
H N N
H N N
H N N
H N N
D N N
D N N
D D N
D N N
P D D
P D D
D D N
D D N
See 27-406.C.7. See 27-912
N
N
N
N
N
N
N
N
N
N
C
N
N
N
N
N
N
N
N
N
N
N
N
C
N
N
See 27-406.C.8. See 27-912 See 27-406.C.10.
N
N
N
N
N
N
N
D
D
D
D
D
N
See 27-406.C.9.a.
Feedlots RESEARCH AND DEVELOPMENT
HAZARDOUS MATERIALS MANUFACTURING / STORAGE LANDFILL MANUFACTURING: Artisanal
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.C.1. through Sec. 27.406.C.12., the provisions of this Section shall prevail.
RESIDENTIAL TA R-1 R-2
USE CATEGORY Specific Use
R-3 R-4
R-5
COMMERCIAL
R-6
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
INDUSTRIAL AND OTHER USES See 27-406.C.9.b. See 27-912 See 27-406.C.9.c. See 27-912 See 27-406.C.10.
Light
N
N
N
N
N
N
N
N
N
D
D
N
N
Heavy
N
N
N
N
N
N
N
N
N
N
D
N
N
MINING / EXTRACTION
C
C
C
C
C
C
C
C
C
C
C
C
C
Oil/Natural Gas REPAIR (AIRCRAFT, RAILCAR & HEAVY VEHICLE) SALVAGE YARDS, INCLUDING AUTO SALVAGE STORAGE AND WAREHOUSES, EXCEPT SELF-SERVICE, AND AS LISTED BELOW: Outdoor storage (accessory) TRANSPORTATION*
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
S
N
N
See 27-406.C.11.
N
N
N
N
N
N
N
N
N
N
C
N
N
See 27-917
N
N
N
N
N
N
N
D
N
D
D
N
N
See 27-406.C.12.
N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.C.13.
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N N
N N S
S S P
N N N
N N N
Multi-modal transfer station Railyard Motor Freight Terminal
*Refer to the A/I Airport Industrial Zoning District for specific regulations pertaining to the airport and related uses. Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.C.1. through Sec. 27.406.C.12., the provisions of this Section shall prevail.
10
` D.
Use Table â&#x20AC;&#x201C; Accessory Uses RESIDENTIAL TA R-1
USE CATEGORY
R-2
R-3 R-4
R-5
R-6
COMMERCIAL
MH MP
C-1
C-2
C-3 C-4
INDUSTRIAL / OTHER
C-5
I-1 I-2
I-3 A-I
CR EN
P/I
Design Standards & Use Restrictions1
ACCESSORY USES Accessory Structures (Decks, patios, pergolas, gazebos, non-commercial greenhouses, detached garages, sheds, carports and similar structures)
D
D
D
D
D
D
D
D
D
D
D
D
D
See Sec 27-314
N
N
N
N
D
D
D
D
D
D
D
D
See 27-406.D.1.
N
N
N
N
N
N
N
N
D
D
N
D
See 27-406.D.2.
Grain storage bins and grain silos
N D N N D N
N
N
N
N
N
N
N
N
D
D
N
N
See 27-406.D.3.
Home occupation
N D
D
D
D
D
D
D
D
D
D
D
D
D
Multi-modal shipping containers / portable storage containers
See 27-901. See 27-915
N
N
N
N
N
N
N
D
N
P
P
D
P
Offices
P H H
H
H
H
H
P
P
P
P
P
P
P
P
Collection bins, free-standing Fuel storage tanks; fuel storage and dispensing (non-commercial)
Propane tanks for household utility fuel P P P P P P Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
P P P P P P P D=Permitted with Design Requirements H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail.
12
RESIDENTIAL TA R-1
USE CATEGORY
R-2
R-3 R-4
R-5
COMMERCIAL
R-6
MH MP
C-1
C-2
INDUSTRIAL / OTHER
C-3 C-4
C-5
I-1 I-2
I-3 A-I
C-R E-N
P/I
Design Standards & Use Restrictions1
Except R-2.
ACCESSORY USES Storage of farm materials, products and equipment Swimming Pool, Private
P N N P
Large Truck or Trailer Parking
N
N
N
N
N
N
N
N
N
P
P
N
N
P
P
P
P
P
P
P
N
N
N
P
P
N
N
N
N
N
N
D
N
D
D
N
N
Key: P= Permitted Use S = Special Use C = Conditional Use N = Not Permitted 1Where
D=Permitted with Design Requirements
See 27-916
H=Home Occupation Only
parking, screening and other standards that are established elsewhere in this Article conflict with the standards established in Sec. 27.406.D.1. through Sec. 27.406.D.3, the provisions of this Section shall prevail.
13
Exhibit B NOTICE OF PUBLIC HEARING HUTCHINSON PLANNING COMMISSION Notice is hereby given that the Planning Commission of the City of Hutchinson will hold a public hearing at 5:30 p.m., Tuesday, October 9, 2018, or as soon thereafter as a quorum of Commission members can be assembled, at City Hall, 125 East Avenue B, in Hutchinson, Kansas, to consider Case No. ZA18-000008, a request by Debbie Sorensen, to rezone the property located at 2301 E 4th Avenue from C-4 Special Commercial District to I-3 Heavy Industrial District. All interested persons may appear at the time and place specified above to give verbal testimony regarding the above proposed action. The above proposal and a complete legal description are available for public inspection at City Hall during regular business hours, as well as on the Cityâ&#x20AC;&#x2122;s website at www.hutchgov.com/planning. Anyone who requires an auxiliary aid or service for effective communication at the Planning Commission meeting or any City program, service, or activity, should contact Amy Allison, Senior Planner, 620-694-2338, amy.allison@hutchgov.com, TDD KS Relay Center 7-11, no later than 48 hours prior to the meeting. Jade Shain, Planning Technician City of Hutchinson