Planning Commission

PLANNING COMMISSION MEETING Ottawa City Hall – 101 S. Hickory Street Wednesday, September 11, 2024 – 7pm If you need this information in another format or require 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 September 11, 2024 Copy and paste the following link to your address bar: https://us06web.zoom.us/j/82596470313; The Password is 949132. 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 numbers: 1-312-626-6799; 1-408-638- 0968, 1-699-900-6833, 1-646-876-9923 I. CALL TO ORDER: II. ROLL CALL: VC-Crowley[ ] Staresinic-Deane[ ] Kane[ ] Harris[ ] C-Lantis[ ] Maxwell[ ] III. CONSENT AGENDA: A. August 29, 2024, Meeting Minutes (Pp 4 - 6) Consent Agenda Approval Motion: Second: Vote: IV. 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. V. PUBLIC COMMENTS: Persons who wish to address the City Planning Commission regarding items on the agenda may do so as that agenda item is called. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any public comment entered via online chat will not be recognized or commented upon. Any Ottawa Planning Commission Agenda September 11, 2024 Page 1 of 25 presentation is for informational purposes only. The Planning Commission will take comments under advisement. VI. PUBLIC HEARINGS: A. Vacation application at 1015 North Cherry Street submitted by David Anderson on behalf of Sunrise Estates– Zack Martin, Planner (Pp 7 - 25) Chair to open public hearing Chair to close public hearing Recommended Action: Motion to accept findings as presented. Alternative Actions: Motion to modify findings as presented, or Motion to deny findings as presented. Motion: Second: Vote: Harris [ ] C-Lantis [ ] VC-Crowley [ ] Staresinic-Deane [ ] Maxwell [ ] Kane [ ] Recommended Action: Motion to recommend approval of the application for vacation at 1015 North Cherry Street to the City Commission. Alternative Actions: Motion to recommend denial of the application for vacation at 1015 North Cherry Street to the City Commission, or Continue deliberation at the next meeting scheduled for September 26, 2024 at noon. Motion: Second: Vote: C-Lantis [ ] VC-Crowley [ ] Staresinic-Deane [ ] Maxwell [ ] Kane [ ] Harris [ ] VII. NEW BUSINESS: Ottawa Planning Commission Agenda September 11, 2024 Page 2 of 25 VIII. UNFINISHED BUSINESS: IV. STAFF COMMENTS: V. COMMISSIONER COMMENTS: VI. ANNOUNCEMENTS: 1. September 26, 2024 Planning Commission Meeting at noon, City Hall 2. October 9, 2024 Planning Commission Meeting at 7pm, City Hall VII. ADJOURNMENT: Motion to adjourn: Second: Vote: Ottawa Planning Commission Agenda September 11, 2024 Page 3 of 25  DRAFT – UNOFFICIAL UNTIL APPROVED City Planning Commission Meeting Minutes Ottawa, Kansas Minutes of August 29, 2024 12:00 pm C-Lantis called the meeting to order. The City Planning Commission met at noon. on this date with the following members present and participating, member Harris, member Staresinic-Deane, Chair Lantis, member Kane, member Maxwell, and Vice-chair Crowley. Neighborhood Services staff Director Lucas Neece, Zack Martin, and Ashley Hird were present. III. Consent Agenda: Member Crowley made a motion to approve the August 14, 2024, meeting minutes followed by a second by member Kane. All present voted aye. IV. Declaration: Chair Lantis asked the Planning Commission members to declare 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 that they might come to a fair decision. There were none. V. New Business A. Rezone Application Located at 132 South Mulberry Street, Submitted by Vanknight homes on behalf of the owner Billy Watts. Mr. Martin gave the first reading presentation of the application and staff comments to the commission. Member Staresinic-Deane wanted to know if the City can take on the rezone of the area instead of the spot zone of one property. There was another property that was denied by the City in the past because it was a “spot zone”. Member Kane mentioned that if the land was zoned to residential that there should be an increase of development of residential homes. Planning Commission would like to verify why the 115 S Mulberry property wasn’t approved to be rezoned. VI. Old Business: Ottawa Planning Commission Agenda September 11, 2024 Page 4 of 25 None. VII. Staff Comments: Director Neece, thanked Planning Commission for making quorum and would like to remind everyone that there is still one seat open. VIII. Commissioner Comments: IX. Announcements: Chair Lantis announced that the next planning commission meetings will be held on September 11, 2024, at 7pm, and September 26, 2024, at noon. X. Adjournment: Member Staresinic-Deane made a motion to adjourn the meeting followed by a second by member Maxwell. All members present voted aye. Respectfully submitted, Ashley Hird Planning Assistant Ottawa Planning Commission Agenda September 11, 2024 Page 5 of 25  City of Ottawa Neighborhood & Community Services Department 101 S. Hickory, P.O. Box 60 785 229-3620 Ottawa, KS 66067 Fax 785 229-3625 PLANNING COMMISSION September 11, 2024 APPLICANT: Sunrise Estates LLC. Contact: David Anderson 9152 Shorewood Drive DeSoto, KS 66018 PROPERTY OWNER: Sunrise Estates, LLC. 9152 Shorewood Drive DeSoto, KS 66018 LOCATION: 1015 N Cherry Street Ottawa KS 66067 AREA: 0.67 acres, ~29,106 square feet CURRENT ZONING: R3 (High-Density Residential) REQUEST: To consider a request for a vacation of existing easements. SURROUNDING LAND North – R3 (High-Density Residential) USE: South – R3 (High-Density Residential) East – R3 (High-Density Residential) West – R2 (Medum-Density Residential) 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 residential at the site. The proposed use is consistent with that of the future land use plan in that it is residential, though not low- density. However, it does conform to existing zoning and addresses a need for housing in the community. FLOODPLAIN: The Floodplain does not impact this site. EXISTING CONDITIONS: The subject site is an undeveloped 0.67-acre tract located near the corner of N Cherry Street and E Wilson. The project is bounded on all sides by existing residential development. The applicant Ottawa Planning Commission Agenda September 11, 2024 Page 6 of 25 is requesting a vacation of existing utility easements, to be relocated, to allow for the development of a four-plex residential use. Recommendation of professional staff: Staff recommends that the vacation of the existing easement as outlined within the exhibits included in this application be approved. Ottawa Planning Commission Agenda September 11, 2024 Page 7 of 25  STAFF MEMO TO: Ottawa Planning Commission FROM: Neighborhood and Community Services MEETING DATE: September 11, 2024 SUBJECT: Vacation of Easements: 1015 N Cherry Street David Anderson, on behalf of Sunrise Estates LLC has applied for a vacation of existing easements at 1015 N Cherry Street to permit the development of a four-plex dwelling, with overhead utilities to be relocated to allow for said development. The subject site is an undeveloped 0.67-acre tract located near the corner of N Cherry Street and E Wilson. The project is bounded on all sides by existing residential development. It is zoned R- 3, High-Density Residential, which allows for the proposed use by right. The proposed use is consistent with that of the future land use plan in that it is residential, though not low-density. However, it does conform to existing zoning and addresses a need for housing in the community. This item is before the Planning Commission again due to an error in the legal description in the adopted ordinance. As such, the item is required to be approved through Commission again to repeal the prior ordinance and adopt the corrected one. The proposed vacation has not changed from what was originally approved by Planning and City Commission, this request is simply to address the error in the adopted ordinance. In addition to review by staff and the Development Review Committee, the following factors have been considered in relation to this proposal and related staff findings may be found below. To recommend approval of the vacation, it is necessary, per Article 12-401, that the Planning Commission also determines that the following conditions have been met. 1. Due and legal notice has been given; Staff Finding: Notice for surrounding properties regarding the September 11, 2024 public hearing was sent out on August 19th. This meets the standards of city regulations and practice, and staff finds it provides ample time for adjacent properties to petition or comment on the proposed vacation. 2. No private rights will be injured or endangered; Staff Finding: Based on staff review, it was determined that there would be no injury or endangerment of private rights by allowing this vacation. Ottawa Planning Commission Agenda September 11, 2024 Page 8 of 25 3. The public will suffer no loss or inconvenience; Staff Finding: Staff did not find that there would be any loss or inconvenience to the public through the permission of this vacation. Recommendation: Staff recommends that the vacation of the existing easement as outlined within the exhibits included in this application be approved. Conditions of Approval: 1. None Attachments: • Application • Public Notice • Vicinity Map • Memo from City Utilities • Existing Utilities GIS Image • Proposed Site Plan • Vacation Exhibit • Revised Ordinance (Reflecting Exhibit) Ottawa Planning Commission Agenda September 11, 2024 Page 9 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 10 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 11 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 12 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 13 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 14 of 25  City of Ottawa Neighborhood and Community Services 101 S. Hickory, P.O. Box 60 785 229-3620 Ottawa, KS 66067 Fax 785 229-3625 August 19, 2024 Dear Property Owner: The Ottawa Planning Commission will hold a Public Hearing on Wednesday, September 11, 2024, beginning at 7:00 p.m., in the Ottawa City Hall Commission Chambers, 101 S Hickory Street. Because your property is located within 200 feet of 1015 N Cherry the following item may be of interest to you: The City of Ottawa has received an application requesting the vacation of existing utility easement over Lot 1, in Sunrise Estates, a replat of Lot 2 in Block 2 of the Riverview Addition, in the City of Ottawa, Franklin County, Kansas. Vacation of easement requests are considered public hearing items, and the public will be given the opportunity to make oral comments on such requests at the meeting. Written comments are welcome and encouraged and may be mailed or emailed to me at zmartin@ottawaks.gov. A complete legal description for this property is available at the City of Ottawa Neighborhood Services Department at City Hall, 101 S Hickory Street, Monday- Friday from 8:00 a.m.- 5:00 p.m. If you have questions relating to this matter, please contact me at 785-229-3620. You may have received a notice for a public hearing for this property held May 30th; due to clerical errors, this new public hearing is being held. PLEASE NOTE: If you have recently transferred ownership of your property in the area of this request, or if such property is under a contract purchase agreement, we ask you to please forward this letter to the new owner for the contract purchaser. Sincerely, Zack Martin City Planner Ottawa Planning Commission Agenda September 11, 2024 Page 16 of 25  Vicinity Map 1015 N Cherry Ottawa Planning Commission Agenda September 11, 2024 Page 17 of 25  Ottawa, KS Legend Water Control Valves Air Release Blowoff Water Hydrants Water Meters Water Valve Right Close Water System Valves <all other values> Butterfly Fire Protection Gate Hydrant Service Water Fittings Water Sampling Stations Water Mains Water Line Point Manhole Lamphole ARV Lift Station Gravity Main Gravity Main Lined Sewer Fitting Service Line Force Main 1 in. = 83ft. Line Point Notes Storm Inlet <all other values> 166.7 0 83.33 166.7 Feet This Cadastral Map is for informational purposes only. It does not purport to represent a property boundary survey of the parcels shown and shall not be Beehive used for conveyances or the establishment of property boundaries. Curb Inlet THIS MAP IS NOT TO BE USED FOR NAVIGATION Ottawa Planning Commission Agenda September 11, 2024 Page 18 of 25  City of Ottawa Utilities Department 101 S. Hickory Street Ottawa, KS 66067 (785) 229-3600 May 22, 2024 RE: 823 E Wilson & 1015 N Cherry Vacation Applications The City of Ottawa Department of Utilities has reviewed the easement vacation application(s) for 823 E Wilson and 1015 N Cherry in Ottawa. The City does not have concerns regarding the vacating of these easements. - 1015 N Cherry: The existing electric utility is to be moved to run north along Cherry Street, then track east along the northern property edge of 1015 N Cherry. - 823 E Wilson: The existing sewer line is located within the existing easement along the west side of the property at a distance greater than the 1’5” requested be vacated by the applicant. Thank you, Ed Thompson Justin Carey Ed Thompson Justin Carey City of Ottawa Utilities Department (785) 229-3600 ethompson@ottawaks.gov jcarey@ottawaks.gov Ottawa Planning Commission Agenda September 11, 2024 Page 19 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 20 of 25  ER RY A LDL. CON INA G N E SED LIC N L IM 1128 PRE PRO F ES KA NSA S V SIO NAL SUR EY OR Payne & Brockway P.A. Civil Engineers & Land Surveyors 426 South Kansas Ave. Olathe, Kansas 66061 Ph: 913.782.4800 Fax: 913.782.0907 www.Payne-Brockway.com Ottawa Planning Commission Agenda September 11, 2024 Page 21 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 22 of 25 Ottawa Planning Commission Agenda September 11, 2024 Page 23 of 25  ORDINANCE NO. AN ORDINANCE VACATING EXISTING UTILITY EASEMENT OVER LOT 1, IN SUNRISE ESTATES, A REPLAT OF LOT 2 IN BLOCK 2 OF THE RIVERVIEW ADDITION, IN THE CITY OF OTTAWA, FRANKLIN COUNTY, KANSAS COMMONLY KNOWN AS 1015 NORTH CHERRY. WHEREAS, Riverview Addition to the City of Ottawa, Kansas was platted in 1886 and created a Lot 2 in Block 2 of that addition; and WHEREAS, Max Pierson and Oletha B. Pierson, husband and wife, granted utility easements to the City of Ottawa in 1967 by instrument recorded in Misc. Book 69, Page 301 at the Franklin County Register of Deeds; and WHEREAS, Lot 2 in Block 2 of the Riverview Addition was replatted as the five lots of Sunrise Estates in 2017; and WHEREAS, at the time of the replat the city had adopted subdivision regulations providing for appropriate notice as described in K.S.A. 12-512b, and thus all prior easements whether established by prior instrument or earlier plats were vacated by the filing of the Sunrise Estates Replat and only those easements shown on the replat remain; and WHEREAS, the owner of Sunrise Estates Lot 1 now desires to vacate a portion of the utility easement on Lot 1 in Sunrise Estates, Ottawa, Franklin County, Kansas. NOW THEREFORE BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: VACATION OF UTILITY EASEMENT within the City Limits. Pursuant to recommendations issued by the City Planning Commission of the City of Ottawa, Kansas, after a public hearing on May 30, 2024, notice of which was duly given; the following described portion of that utility easement, situated within the City of Ottawa, Franklin County, Kansas is hereby vacated and more particularly described: All of that portion of the 20 foot utility easement running from the south line of the 15 foot utility easement running along the north side of Lot 1, south to the north line of the 10 foot utility easement running along the south side of Lot 1, all in Sunrise Estates, A replat of Lot 2, Block 2, Riverview Addition, to the City of Ottawa, Franklin County, Kansas. Section 2: From and after the effective date of this ordinance the ownership of the portion of the utility easement described above, vacated herein, shall revert to the owners of the real estate subservient thereto, according to law. Section 3: Ordinance No. 4135-24 is hereby repealed. Section 4: The City Clerk is authorized to certify a copy of the order and directed to record this ordinance in the office of the Register of Deeds of Franklin County, Kansas, replacing Ordinance No 4135- 24. Ottawa Planning Commission Agenda September 11, 2024 Page 24 of 25 Section 5: This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the Governing Body of the City of Ottawa, Kansas, this day of , 2024. Michael Skidmore, Mayor ATTEST: Melissa Reed, City Clerk Ottawa Planning Commission Agenda September 11, 2024 Page 25 of 25