Planning Commission

PLANNING COMMISSION MEETING Ottawa City Hall – 101 S. Hickory Street Thursday, September 26, 2024 – Noon 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 26, 2024 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 numbers: 1-312-626-6799; 1-408-638- 0968, 1-699-900-6833, 1-646-876-9923 I. CALL TO ORDER: II. ROLL CALL: Maxwell [ ] Kane [ ] VC-Crowley [ ] Staresinic-Deane [ ] Harris [ ] C-Lantis [ ] III. CONSENT AGENDA: A. September 11, 2024, Meeting Minutes (Pp. 4-5) 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 presentation is for informational purposes only. The Planning Commission will take comments under advisement. Planning Commission Agenda September 26, 2024 Page 1 of 18 VI. PUBLIC HEARINGS: A. Rezone Application Located at 132 South Mulberry Street, Submitted by Vanknight Homes on behalf of the owner Billy Watts. – Zack Martin, City Planner (Pp 6-18) Comments: This application is a request to update the zoning located at 132 S. Mulberry Street from its current zoning I-1 Light Industrial to R-1 Low Density Residential. 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: Kane [ ] Harris [ ] C-Lantis [ ] VC-Crowley [ ] Staresinic-Deane [ ] Maxwell [ ] Recommended Action: Motion to recommend approval of the application for rezoning at 132 S Mulberry Street to the City Commission. Alternative Actions: Motion to recommend denial of the application for rezoning at 132 S Mulberry Street to the City Commission, or Continue deliberation at the next meeting scheduled for October 9, 2024, at 7pm. Motion: Second: Vote: Harris [ ] C-Lantis [ ] VC-Crowley [ ] Staresinic-Deane [ ] Maxwell [ ] Kane [ ] VI. OLD BUSINESS: Planning Commission Agenda September 26, 2024 Page 2 of 18 VII. STAFF COMMENTS: VIII. COMMISSIONER COMMENTS: IX. ANNOUNCEMENTS: 1. October 9, 2024 Planning Commission Meeting at 7pm, City Hall 2. October 31, 2024 Planning Commission Meeting at noon, City Hall X. ADJOURNMENT: Motion: Second: Vote: Planning Commission Agenda September 26, 2024 Page 3 of 18  Agenda DRAFT – UNOFFICIAL UNTIL APPROVED City Planning Commission Meeting Minutes Ottawa, Kansas Minutes of September 11, 2024 7:00 pm C-Lantis called the meeting to order. The City Planning Commission met at 7:00 p.m. on this date with the following members present and participating, member Staresinic-Deane, member Kane, Chair Lantis, and Vice-Chair Crowley. Member Harris was absent. Neighborhood Services staff Director Lucas Neece, Zack Martin, and Ashley Hird were present. III. Consent Agenda: VC Crowley made a motion to approve meeting minutes from the August 29, 2024. Seconded by member Kane. All present voted aye. IV. Declaration: C-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. Public Comments: There were none. VI. Public Hearing: Chair Lantis Opened the public hearing at 7:01pm A. Vacation application at 1015 North Cherry Street, submitted by David Anderson on behalf of Sunrise Estates – Zack Martin, Planner Mr. Martin presented staff findings and recommendations. Chair Lantis closed the public hearing at 7:02 pm. VC-Crowley made a motion to accept the findings as presented, followed by a second by member Kane. All present voted aye. Planning Commission Agenda September 26, 2024 Page 4 of 18  Agenda Member Staresinic-Deane made a motion to recommend approval of the application for vacation at 1015 North Cherry Street to the City Commission, followed by a second by member Maxwell. All present voted aye. Unfinished Business: Staff Comments Director Neece expressed gratitude to the commission about making quorum, and reminded them that there is one open position still remaining to be filled. Commissioner Comments: Announcements: Chair-Lantis announced the next meetings will be held September 26, 2024, at noon and October 9, 2024, at 7pm. Adjournment: Member Kane made a motion to adjourn, followed by a second by member Maxwell. All present voted aye. Respectfully submitted, Ashley Hird Planning Assistant Planning Commission Agenda September 26, 2024 Page 5 of 18  Agenda City of Ottawa Planning Commission Meeting September 26, 2024 TO: Planning Commission SUBJECT: Approval of rezoning application at 132 South Mulberry Street PRESENTED BY: City Planner AGENDA: New Business Application: An application for a rezone at 132 South Mulberry Street from I-1, Light Industrial, to R-1, Low-Density Residential as requested by Slade Vandeventer on behalf of Billy J. Watts. Background: The subject site is an undeveloped 0.26-acre (~11,454 square feet) tract located along the western side of South Mulberry Street. The parcel is surrounded by a mix of vacant and developed parcels, with a mixture of zoning. The east, north, and south are vacant parcels zoned I-1. To the west are two parcels, zoned R-2, on which a church is built. The wider area is generally residential in nature, with several older, built homes, as well as a smattering of industrial or commercial uses, such an existing warehouse at the corner of South Mulberry and East 1st Street. This area has been developed in some capacity for over a century, with maps of the area from 1924 showing existing homes along South Mulberry, an earlier incarnation of the church on South Poplar, and numerous commercial and industrial uses north of East First. The property’s current zoning reflects the history of the neighborhood, as well as the historical reality of industrial areas largely being along rivers and waterways, as well as the access to the Missouri Pacific Railroad that originally ran along East First Street a century ago. The applicant is requesting this rezoning to allow for the construction of a single-family home on the property. This request would be in line with the historic use of the property, and potentially serve as an impetus for a larger rezoning and rehabilitation in the surrounding area. Maps of the area are shown below: Existing WL Residential Development DW 132 S Mulberry Bethany Chapel SL Baptist Church Planning Commission Agenda September 26, 2024 Page 6 of 18  Agenda I-1 Light Industrial R-2 Medium- Density Residential P Public Use 132 S Mulberry Staff Findings: The following factors have been considered in relation to this proposal and related staff findings are below: 1. Whether the change in classification would be consistent with the intent and purposes of these regulations. The intent of the R-1 District is to provide primarily for one-family dwellings with accommodation for two- and three-family dwellings and related residential uses such as churches and certain public uses which tend to be located at the edge of higher density, and more centrally located residential areas. The district is intended to accommodate a low population density for specified types of dwelling units on large to medium sized lots with emphasis on adequate open space around buildings. Staff Finding: The proposed use of a single-family home will be consistent with the intent and purpose of the proposed rezone. The subject lot, as well as the surrounding lots, are of a size that is consistent with the intent of the R-1 district and would allow for plenty of open space. The proposed rezoning conforms to the intent zoning district in that it is located on the edge of higher-density and centrally located residential areas to the west. 2. The character and condition of the surrounding neighborhood and its effect on the proposed change; The area immediately surrounding the subject site is comprised of a mixture of uses, including residential, public use, and some commercial. Ages of buildings vary, with homes having the widest range, with some new builds, as well as the relatively newer church building. These developments are largely on the neighboring blocks, as there is one residential use on South Mulberry, and a warehouse use at the corner of South Mulberry and East First. Staff Finding: As stated, the surrounding area is largely residential in use, despite the large areas of zoning for industrial in the area. This area has historically been residential in use, with city fire maps showing dwellings on lots along South Mulberry since at least 1924. The request for this property to be rezoned to allow for what is a historical use in the area is an appropriate one. 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; Planning Commission Agenda September 26, 2024 Page 7 of 18  Agenda This condition is applicable on a case-by-case basis. Staff Finding: Due to the zoning of the property as industrial, residential development is not permitted. This, in addition to the size of the existing lots, make the development of parcels difficult given the current zoning and those requirements. The ongoing demand for additional housing within Ottawa also reflects changing conditions in the wider community that support this consideration. 4. The current zoning and use of nearby properties, and the effect on existing nearby land uses upon such a change in classification; The surrounding zoning is a mix of R-2 and I-1, with P located to the southeast, and uses that are primarily residential in nature. Staff Finding: The proposed R-1 zoning would not have a significant impact on existing nearby land uses. As noted, the surrounding area is primarily residential in nature, if not always reflected in the zoning. Some uses, such as the ECKANS warehouse and city water facility farther down East First Street, reflect some industrial or commercial usage, but are atypical for those blocks. 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; The proposed rezoning would allow for low-density residential uses including those allowed by right in the surrounding districts. Staff Finding: The proposed uses would be compatible with the surrounding properties. As stated, the proposed uses would be a home, which is the same use as properties in the surrounding area. 6. The suitability of the applicant’s property for the uses to which it has been restricted; (Below) Staff Finding: The site is suitable for the proposed development. As note, this area has historically been residential in use, if not always in zoning. The parcels along this street reflect residential dimensions, and the surrounding uses and context support this proposed use. 7. The length of time the subject property has remained vacant or undeveloped as zoned; This consideration is applicable on a case-by-case basis. Staff Finding: Staff was not able to determine the length of vacancy at time of review. 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; (Below) Planning Commission Agenda September 26, 2024 Page 8 of 18  Agenda Staff Finding: The property has access to all existing city utilities and services and the rezoning would not impact that access. 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. Applicable in a case-by-case basis. Staff Finding: This area is unique within Ottawa. It was historically African American and has been residential in use for over a century but zoned or intended for industrial uses for well over 50 years. This can reflect several things, including attempting to maximize industrial uses along a then extant railroad near the river, exclusionary zoning, a combination of these things, or other factors. The area to the north of East First is still zoned I-1, and has more consistent commercial and light industrial use, especially closer to Main Street. The areas immediately to the north of East First at South Mulberry are largely undeveloped, many parcels lacking access to developed right-of-way. There are other areas and parcels of R-1 available throughout Ottawa, however this application serves as an opportunity to stimulate development in an area that otherwise would continue to remain largely vacant due to that current zoning and historic context. 10. Whether the proposed amendment would be in conformance to and further enhance the implementation of the City’s Comprehensive Plan. Applicable on a case-by-case basis. Staff Finding: The City’s current Comprehensive Plan has a stated goal of a variety of types and affordability of housing options. This proposed rezoning would address that goal in allowing additional housing be built. 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; (Below) Staff Finding: Staff did not determine there would be any gain or loss in the public health, safety, or general welfare that would be created by this change. 12. Such other factors as the Planning Commission may deem relevant from the facts and evidence presented in the application; Applicable on a case-by-case basis. Staff Finding: Staff notes that neighboring property owner, Louis Nunez Junior, did vocalize general opposition to the proposed rezoning in a discussion with Director Neece. 13. Recommendation of professional staff; Planning Commission Agenda September 26, 2024 Page 9 of 18  Agenda (Below) Staff Finding: Staff recommends that the application to a rezoning to R-1, Low-Density Residential, be approved. The applicant’s proposed project would address a need within the community, and the proposed rezoning is suitable for the context and history of the surrounding area. Recommendation/Actions: It is recommended the Planning Commission deliberate approval of the rezoning at 132 South Mulberry Street for the following courses of action: • Take Final Action at the September 26, 2024 Regular Meeting: o “Approve the rezoning request at 132 South Mulberry Street.” • Refer the item to the next regular meeting for continued deliberation and consideration. Attachments: • Rezoning Application o Application Form • Property Overview (GIS) • Floor Plans • Elevations Planning Commission Agenda September 26, 2024 Page 10 of 18  Agenda Planning Commission Agenda September 26, 2024 Page 11 of 18  Agenda Planning Commission Agenda September 26, 2024 Page 12 of 18  Agenda Planning Commission Agenda September 26, 2024 Page 13 of 18  Agenda Planning Commission Agenda September 26, 2024 Page 14 of 18  Agenda Planning Commission Agenda September 26, 2024 Page 15 of 18  Agenda 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 Planning Commission Agenda THIS MAP IS NOT TO BE USED FOR NAVIGATION September 26, 2024 Page 16 of 18 Planning Commission Agenda September 26, 2024 Page 17 of 18 Planning Commission Agenda September 26, 2024 Page 18 of 18