Planning Commission

PLANNING COMMISSION STUDY SESSION MEETING Ottawa City Hall – 101 S. Hickory Street Thursday, March 30, 2023 – Noon If you need this information in another format or require a reasonable accommodation to attend this meeting, contact the City’s ADA Coordinator at 785-229-3621. Please provide advance notice at least two (2) working days. TYY users please call 711. Accessing Zoom Meeting on March 30, 2023 Copy and paste the following link to your address bar: https://us06web.zoom.us/j/85326363740; The Password is 059146. You may use your phone for audio if you do not have a microphone plugged into your computer. To dial into the meeting please use any of the following phone numbers: 1-312-626-6799; 1-408-638-0968; 1-699-900-6833; 1-646-876-9923. Call to Order: Roll Call: Elmer[ ] Kane[ ] VC-Wenyika[ ] Manes[ ] C-Lantis[ ] Staresinic-Deane[ ] Crowley[ ] Declaration: At this time, I would like to ask the Planning Commission Members to make a declaration of any conflict of interest or of any Ex parte or outside communication that might influence their ability to hear all sides on any item on the agenda so they might come to a fair decision. Minutes: 1. Consider February 23, 2023 Study Session Meeting minutes for approval. Motion: ______________ Second: _____________ Vote: ___________ 2. Consider March 7, 2023 Special Meeting minutes for approval. Motion: ______________ Second: _____________ Vote: ___________ Commissioner Comments: New Business: 1. Partial Vacation of Utility Easement – Slade Vandeventer 2. 901 S. Cherry Rezone – Raymond Love Old Business: Announcements: 1. The next regularly scheduled Planning Commission meeting will be Wednesday, April 12, 2023 at 7 p.m. 2. The next regularly scheduled Planning Commission Study Session meeting will be Thursday, April 27, 2023 at noon. Adjournment: Motion: ______________ Second: _____________ Vote: ___________ 1  DRAFT – UNOFFICIAL UNTIL APPROVED City Planning Commission Study Session Minutes Ottawa, Kansas Minutes of February 23, 2023 C-Lantis called the meeting to order. The City Planning Commission met at 12:00 p.m. on this date with the following members present and participating: C-Lantis, Crowley, Kane, Staresinic-Deane and Member Elmer joined via Zoom. VC-Wenyika and Member Manes were absent. Community Development staff Jenna Hillyer and Betsy Carlson were present. Guest Raymond Love was present. Declaration: C-Lantis asked the Planning Commission members to make a declaration of any conflict of interest or of any Ex parte or outside communication that might influence their ability to hear all sides on any item on the agenda, so they might come to a fair decision. There were none. Consent Agenda: Discuss any changes needed to the February 8, 2023 meeting minutes. Member Kane made a motion to accept the minutes, seconded by member Staresinic-Deane. All voted aye. Commissioner Comments: None New Business: 1. 901 S. Cherry Rezone from R-1 to R-3 – Raymond Love Ms. Hillyer gave a presentation. Mr. Love intends to build student housing for Ottawa University. Member Staresinic-Deane asked how parking would be handled. Ms. Hillyer stated parking would be addressed in the site plan. Mr. Love, applicant, stated parking would not be on-street. An engineering firm did a compaction test on the property also. Member Elmer asked is there is anything the City would have to do regarding utilities to accommodate this type of housing? Ms. Hillyer stated an electric line runs across the property, but public works would know more about the utilities. C-Lantis stated we need to verify if this property is suitable high-density housing. 1 Ms. Hillyer stated it is R-1 with a higher density overlay. Member Elmer asked how many units would be built? Mr. Love stated it will be based on the needs of Ottawa University. Member Elmer stated the additional traffic this will create needs to be considered. Member Kane stated there is a need for this type of housing. C-Lantis asked if the commissioners agree to put the rezone application on the next regular meeting agenda for a public hearing. They all agreed yes. Announcements: 1. The next regularly scheduled Planning Commission meeting will be Wednesday, March 8, 2023 at 7 P.M. 2. The next regularly scheduled Planning Commission study session will be Thursday, March 23, 2023 at 12 P.M. Adjournment: Member Staresinic-Deane made a motion to adjourn the meeting, seconded by Member Kane. The motion was considered, and all voted aye. Respectfully submitted, Betsy Carlson Administrative Assistant II 2  DRAFT – UNOFFICIAL UNTIL APPROVED City Planning Commission Special Meeting Minutes Ottawa, Kansas Minutes of March 7, 2023 C-Lantis called the meeting to order. The City Planning Commission met at 5:30 p.m. on this date with the following members present and participating: C-Lantis, Crowley, Staresinic-Deane, Elmer, and Wenyika. Members Manes and Kane were absent. Community Development staff Jenna Hillyer, Melanie Landis, and Terry Elmer were present. Public Comments: There were no public in attendance. New Business: Workshop was provided by Jim Kaup of Kaup Law Office focused on the regulation of use of land by cities in Kansas. Adjournment: Chair Lantis made a motion at 8:36 pm to adjourn the meeting, seconded by Member Elmer. The motion was considered, and all voted aye. Respectfully submitted, Melanie Landis Interim Community Development Director 1  STAFF MEMO TO: City of Ottawa Planning Commission FROM: Jenna Hillyer MEETING DATE: March 30, 2023, Study Session SUBJECT: Request by Slade Vandeventer, of Van Knight Homes, for partial Vacation of Utility Easement, Simons Subdivision The City of Ottawa has received an application requesting vacation of a platted utility easement at 929-931 E Wilson, Ottawa, KS,929 more particularly described as: SIMONS, S130 E23 LT D E W22 LT F BLK 4 SECTION 25 TOWNSHIP 16 RANGE 19 E, EAST 13th OF LOT F, WEST 7’ OF LOT G A vacation of a utility easement may be approved by either 1) a re-plat of the subdivision or 2) a vacation without a re-plat. In either case, a recommendation from the Planning Commission is required with a decision to vacate (or not vacate) by the City Commission. The owner is requesting the second option. The owner constructed a duplex on the lot and the building encroaches 2’6” into the utility easement. At the time of construction, the owner was unaware of the easement. The structure meets the required residential setbacks. Public Works has reviewed this parcel and proposed partial vacation and have determined there is enough room to access the utilities with this vacation. Staff is circulating the vacation application to other utility providers to determine the presence of any utilities. A complete review by other utility providers is not anticipated prior to the March 30th study session but will be completed before the April 12th, 2023, public hearing. Attachments • Vicinity Map • Exhibit – Easement to be Vacated Page 1 of 4  Vicinity Map 929-931 E Wilson Page 2 of 4 929-931 E Wilson Utility Easement Page 3 of 4 Page 4 of 4  City of Ottawa Community Development Department 101 S. Hickory, P.O. Box 60 785 229-3620 Ottawa, KS 66067 Fax 785 229-3625 CITY PLANNING COMMISSION March 30, 2023 (Study Session) April 12, 2023 (Regular Meeting) STAFF REPORT Applicant: Lark, LLC 333 E 19th St Lawrence, KS 66046 PROPERTY OWNER: Raymond Love 1663 Riley Rd Pomona, KS 66076 LOCATION: 901 S Cherry St Ottawa KS 66067 AREA: 5.7 acres, 248,292 square feet ZONING: R-1, HO-O Low Density Residential, Housing Opportunity Overlay District REQUEST: To consider a request to rezone property from R-1, HO-O Low Density Residential, Housing Opportunity Overlay District to R-3, High Density Residential District at 901 S Cherry Street. SURROUNDING LAND USE: R-1, Low Density Residential, R-2, Medium Density Residential, MP, Mobile Home Park, MHS, Manufactured Home Subdivision Districts. LAND USE PLAN: Ottawa’s current Comprehensive Plan outlines future land uses for all the property in the City. The future land use plan recommends low density land uses at the site. The proposed use is not consistent with that of the future land use plan. FLOODPLAIN: No. EXISTING CONDITIONS: The subject site is a 5.7-acre tract on the east side of S Cherry Street bounded on the north by E 9th Street, on the south by E 10th Street, and on the east by S Burrough Street. The site is currently undeveloped land. The applicant intends to repurpose the site into a mix of student housing and multi- family apartments. The room mix has not been finalized, but at this time the applicant is anticipating accommodations for 30-50 students – some of which will be apartments available to non-students. There will be adequate off-street parking as set forth by regulations which requires 1 off-street parking space for each sleeping room for dormitories and 2 off-street parking spaces per unit in multi-family dwellings. Within current zoning regulations, as zoned, the applicant would not be able to use the lot for multi- family dwelling use or dormitories/ residence halls for students. In order to develop the parcel for the purpose of much needed student housing and apartments, it must be rezoned. Staff completed research on the potential to rezone the property, and following is the initial analysis: Potential rezoning options include: R-2 Residential District – The intent of the R-2 District is to provide for one-, two- or three-family dwellings with some accommodations for four-plus family dwellings as conditional uses and related residential uses and certain public uses. This district allows for a moderate density for these types of dwelling units. Dormitories / residence halls for students attending universities and 4-plus family dwelling units are permitted as a conditional use. R-3 Residential District – The intent of the R-3 District is to provide for a full range of dwelling units, from one-family to apartments and for related residential and certain public uses and related residential uses and certain public uses. This district is located primarily where moderate to high residential density will be compatible with surrounding uses and development patterns. Multifamily dwellings and dormitories / residence halls are permitted by right, provided that intensity of use standards are met and the dormitories provide beds for 30 students maximum. FINDINGS: When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based, using the following guidelines: 1. Whether the change in classification would be consistent with the intent and purpose of these regulations. It is the intent of the residential zoning districts to provide for areas of low, medium and high density residential development including certain public or private uses which are compatible with residential development. Staff Finding: The change in classification is consistent with the intent of the residential zoning districts as the intended use is residential development. However, R-3, High density residential, is inconsistent with the zoning of the surrounding area. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change. The surrounding neighborhood is a mixture of residential uses: Low Density Residential (R-1), Medium Density Residential (R-2), Mobile Home Park (MP), Manufactured Home Subdivision (MHS) Districts. Ottawa University campus and ball field are located two blocks from this location. Staff Finding: This low- medium density residential neighborhood consists of mid-century (average of year-built) housing stock and is bounded by mobile home developments and zones to the east of its location. This proposed zone change is not consistent with current zoning of the surrounding neighborhood though it does provide diversity in housing and uses of the land that are consistent with the planned uses of a residential district.  This is a large tract of land that has never been developed. Until recently this tract was part of the floodplain and unable to be developed as it was intended to be. As it is currently zoned, this tract of land could be developed into a minimum of 30 single family homes. In recent years work has been done to elevate this portion for the block out of the floodplain and is now capable of development. Having been a long-standing green space, developing it in any form will change the current character of the neighborhood. 3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; This factor is addressed in the finding below. Staff Finding: The proposed amendment is made necessary due to changing conditions in the city and the demand for additional multi-family as well as student housing in Ottawa. The current zoning of this tract Low Density Residential (R-1) with the Housing Opportunity Overlay (HO-O) allows for more concentration than R-1 and R-2 standards but in this zoning student housing is not permitted. The need for it and the proximity of this location to the University makes this an ideal location for this student housing project. R-2 and R-3 zoning would permit the development as student housing. 4. The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification. Surrounding properties are zoned low and medium residential. Staff Finding: The rezone to R-3 will not change the overall residential land uses. It will change the intensity of use this neighborhood is accustomed to. 5. Whether every use that would be permitted on the property as reclassified would be compatible with the uses permitted on other property in the immediate vicinity. Uses permitted within the requested R-3 district (which are currently not permitted in the R-1, HO- O Low Density Residential, Housing Opportunity Overlay District) include: - Four or more family dwelling - Dormitories or residence halls for students - Nonprofit institutions of an educational, of universities and theological institutions. philanthropic, or eleemosynary nature. Staff Finding: There is no R-3 zoning in the vicinity, though there are 2 large apartment complexes zoned R-2 nearby at 701 S Poplar, and 745 S Hickory indicating that there is a precedent for R-2 designation with conditional use permits allowing the project to move forward without drastically changing the zoning. 6. The suitability of the applicant’s property for the uses to which it has been restricted. The site to be rezoned is in a low- medium residential area in which the uses of this tract of land for student housing and four or more family dwellings are not permitted. Staff Finding: The amount of buildable space at this location is more than adequate for the developer’s proposal for both housing and for off street parking. The location of this lot makes a desirable site for the use of student housing. 7. The length of time the subject property has remained vacant or undeveloped as zoned. This factor is addressed in the finding below. Staff Finding: Undeveloped land due to prior floodplain designation. 8. Whether adequate sewer and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on the property if it were reclassified. There are facilities adjacent to the subject sites. The applicant is aware that all facilities for new development will have to be designed and constructed in accordance with City policy. Staff Finding: City policy and process for installation of improvements will ensure that facilities to serve the development are adequate. 9. The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development. There are no properties available for this type of use in the near vicinity, and the location of the lot is one of the reasons the applicant wishes to develop it in this manner. Staff Finding: The subject site’s location and surrounding mix of residential uses and underuse of this tract of land does help make the argument that a rezoning may be appropriate at this time. 10. Whether the proposed amendment would be in conformance to and further enhance the implementation of the City's Comprehensive Plan. The Future Land Use plan in the Comprehensive Plan identifies this property as Low-Density Residential. Staff Finding: The proposal is not in conformance with the future land map. However, it does meet Goal 4 in the comprehensive of promoting “Housing Quality and Diversity”. The city of Ottawa is growing in ways that were unforeseen when the comprehensive plan was drafted. There is a larger need for housing than anticipated. If the need for student housing were to be addressed the spaces that students are currently renting could become available to the public, shifting the current use of the housing stock. The zoning and surrounding land use is arguably fitting with this underdeveloped neighborhood and meets the comprehensive plan’s stated goal to improve the availability of multi-family rental properties in the city. 11. Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such reclassification. This factor is addressed in the finding below. Staff Finding: The findings above illustrate that the proposed location is suitable for a high-density residential zone. Staff finds that the rezoning would be a gain to the general welfare of the public and would promote growth in an area that has undeveloped land. Aside from adding more housing to the City, the development of this land would ensure that it is maintained and not return to an overgrown state. Overgrown lots have a history of becoming littered or used as dump sites and in some cases can become contributing factors in increased crime in an area. 12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application. Higher density zoning for this tract and the proposed development would benefit the City, however, staff has concerns about “spot zoning” and believes zoning to R-2 would be adequate to allow for this development with a conditional use permit specifically for student housing. R-3 is an excessive an unnecessary up-zone when R-2 would allow for the same uses with conditional use permits and help maintain the fabric of the neighborhood in the future. As a Housing Opportunity Overlay District, it allows for a denser development than traditional R-1 or R-2. HO-O requires a minimum of 40’ frontage and 90’ depth per lot with this size of lot this tract of land could potentially be developed into more than 30 single-family homes which is comparable to applicants’ proposal for 40-50 beds for dormitories. This change in zoning would not dramatically alter the intention of this neighborhood or the intent of its current zoning. Dormitories require stricter off-street parking regulations of one off-street parking space per bed whereas, Single-family parking standards only require two off-street parking spaces per dwelling. These spaces generally consist of a garage space and a single space in the driveway. This often leads to increased on-street parking situations for single-family dwellings for various reasons. Dormitories would directly address the parking issue by requiring one off-street parking space per bed in a living situation in which not all residents will own a vehicle. 13. The recommendations of professional staff: Staff recommends that 901 S Cherry Street not be approved to rezone as R-3, High Density Residential. Staff recommends Commission approve the rezone to R-2, Medium Density Residential for 901 S Cherry and retain the Housing Opportunity Overlay for future development if the project as envisioned does not proceed. Respectfully submitted, Jenna Hillyer City Planner 901 S Cherry Street Vicinity Map 901 S Cherry Street Zoning Map