City of Greensburg Planning Commission April 16, 2008 7:30 PM
Location: Temporary Commission Chambers 200 Block South Oak, Greensburg, KS 67054
1. Call to Order 2. Roll Call 3. Approval of Minutes a. April 02, 2008 b. April 09, 2008 4. Public Hearings a. Case # 2008-01-RZ – Fisher b. Case # 2008-01-CU - Koehn 5. Staff Items a. Extraterritorial Jurisdiction 6. Adjournment
City of Greensburg Planning Commission April 16, 2008 7:30 PM
Location: Temporary Commission Chambers 200 Block South Oak, Greensburg, KS 67054 Chairman Alan Myers called the meeting to order at 7:32 pm with the following members present: Alan Myers, Gary Goodman, Dana Maier, and John Colclazier. Mike Swigart was not in attendance. Gary Goodman moved to accept the April 2, 2008 minutes as written. With a second by Dana Maier, motion passed unanimously. John Colclazier made a motion, seconded by Goodman, to approve the April 9, 2008 minutes as written. The motion passed unanimously. Myers called to order the public hearing for Case # 2008-01-RZ. Applicant Northwest Management, LLC/Bobbie Fisher requests a Zoning Map Amendment from R1-B single family residential to RP-2 multifamily residential and a development plan review for property located at 503 South Elm. Mike Gurnee, Planning and Zoning Administrator, explained the request, the documents that were provided to the Commission in their packets (staff report, aerial photo of the property, front elevation of the proposed structure, and ½ of the proposed floor plan), and the surrounding land uses and their regulations. The applicant desires to change this single lot from single family to multi-family in order to develop a 2 Family duplex residential structure. Mr. Gurnee explained that the proposed development plan would give the existing lot a density of 5,250 square feet per housing unit, which is significantly less than the minimum 7,000 square feet current zoning codes require in that area. He said that the entire southwestern area of Greensburg is redeveloping as a large-lot single family neighborhood. Mr. Gurnee then referred to the adopted Comprehensive Master Plan and Future Land Use Map. Both call for lower density housing in the Residential district being discussed. The Plan encourages multi-family residential use in this area only on a case-by-case approval. The staff report also speaks of “spot zoning” (the making of one lot into a zoning district different from surrounding lands) being to the detriment of the area. This is not a good practice, and we recommend that zoning districts should encompass areas much larger than a single lot. Staff feels that this proposal is not in keeping with the adopted comprehensive plan, the proposed structure does not blend with other structures in the surrounding neighborhood, and does not recommend spot zoning. Staff’s recommendation is to deny the request and submitted site development plan. Mr. Gurnee then read letter submitted by neighboring property owners Edward Pooler (502 S. Elm) and Chris Christenson (710 W. Grant). (Originals of these letters can be found in the case file). Both property owners are opposed to the proposed development. Mr. Myers opened the meeting for public comment. The following citizens spoke in opposition to the proposed development: Marclyn Woolsey – 515 S. Elm Niles Hadley – 724 W. Garfield Edward Daubert – 509 S. Elm Geneva Spicer – 622 W. Grant Harlen Yost – 508 S. Elm Cheryl Christenson – 710 W. Grant Haley Kern – 521 S. Elm Gene & Cathy McFall – 711 W. Iowa
The consensus of the concerned citizens was that this form of housing is needed, but that this particular location is not appropriate. Each voiced that he/she would like the area to continue being single-family residential and was strongly opposed to spot zoning and, in this instance, straying from the adopted Comprehensive Plan. Also mentioned were concerns with existing rental houses that had been allowed to move into the area prior to the tornado, continuous sewer problems in the area, and the proposed density of the lot. Several citizens suggested that the Fishers find a more suitable location. David Fisher of Northwest Management was present to represent his wife, Bobbi Fisher, owner of Northwest Management. Mr. Fisher stated that the proposal was to develop affordable housing for the elderly or handicapped that is all ground floor, handicapped accessible, and sized to be adequate living space for a couple or single resident who may not be able to afford a single family home. He would like the lot to have a small yard space so that it can be easily maintained. He stated that he does not desire to own rental properties in Greensburg as he has a number of them in Wichita. His plan is to build the duplex and sell it. Mr. Fisher mentioned that he had lived in the area for a number of years and that after moving, his home was a rental for a year and a half. He feels that there are a lot of misconceptions with duplexes and pointed out that the proposed structure is nearly the same size as the structure he is rebuilding down the street, on an existing foundation. Mr. Fisher went on to explain the most current development and floor plan that he had submitted for review, which had been updated since some residence had reviewed it. The McFalls voiced concerns about future owners and use of the property. Mr. Fisher pointed out that single family homes have turned into rental properties in the past and are not controlled by the Planning Commission. Mrs. Woolsey stated that she feels that approval of this rezoning would open the door for future rezoning of the area and asked the Commission how they could turn one down after approving another. She also voiced concern about the short distance between the proposed structure and the house next door. Mr. Gurnee established that the proposed setbacks fit current zoning regulations and that, if approved, the applicant would be tied to the site plan presented Cathy McFall was concerned about the driveways coming out onto Grant Street, across from the 2 existing driveways of the Christenson’s across the street. She feels that this will create a lot of congestion. Mr. Fisher welcomed the audience and commission to view properties that he manages and rents in Wichita. He stated that they blend in with the residential areas that they are in and are well maintained. The hearing was closed to public comment at 8:05 pm. Dana Maier made a motion to deny the request.
Mr. Colclazier reiterated that this request is not for an apartment, but a duplex, which he stated are 2 distinct living units. He feels that this is a good idea for someone with limited incomes. The owner could live in one end and rent the other. He stated that sewer issues should be brought up with the City and that they had no bearing on this case. He pointed out that houses in the area are close together and on the similar lot sizes. He feels that the only thing to consider is the rezoning, not the building size and lot size. Mr. Goodman seconded the motion stating that denying the motion follows the Comprehensive Plan. The request was denied with a vote of 3-1 (Colclazier voting “No”). Mr. Gurnee explained that this recommendation will go to the City Council on May 5th, following a 2 week protest period. Property owners within 200 feet of the proposed development have the right to sign a protest petition that will go to the City Council. The Council would then have to have a super majority vote to overturn the Commission’s recommendation. Mr. Gurnee offered to assist citizens complete the petition if they so desired. When asked about the review of the development plan, Mr. Gurnee thought that that was not needed at this time. If the City Council were to approve this case, the Commission could review the plan at a later time. Mr. Myers called the public hearing for Case # 2008-01-CU, Richard Koehn for land owner Alan Greiner. Mr. Gurnee reviewed the request with the Commission. Mr. Koehn has applied for a Conditional Use Permit for a single section manufactured housing unit to be placed at 623 North Main Street. If approved, Mr. Koehn would purchase the property and this would become his primary residence. Mr. Gurnee pointed out that there were several single wide units in this area at the time of the storm. He also reminded the Commission that the current zoning codes do not regulate any standards for these units, but that with the approval of a Conditional Use, the Commission can consider any and all standards. He stated that the list of proposed standards the Commission had put together came about after Mr. Koehn had obtained his application. The Commission voted to accept the possible standards the night before Mr. Koehn submitted his application; therefore, a prepared list was not available to him. Richard Koehn was present at the hearing. He stated that this type of unit is all that he feels he can afford at this time. His decision was strictly based on affordability and that with approval of his application he will be able to purchase the property. Mr. Goodman stated that he understood that the proposed unit was a 2007 model. Mr. Koehn confirmed this stating that the unit was owned by Mennonite Disaster and is currently located in Haviland. Rev. Blackburn and his family had lived in the home for approximately 9 months while waiting on their home to be built. Mr. Colclazier asked if he could tell the Commission what the unit looked like. Mr. Koehn stated that the unit has vinyl siding and a shingled, pitched roof.
Gerald Skibbe, 610 N. Sycamore, stated that he welcomed this unit. He stated that Mr. Koehn had kept a nice yard in the past and recognized that there had been single wide units in the area prior to the storm. Mr. Koehn asked what kind of skirting the Commission would want him to have. He was told that was up to the Commission if they approved his application. Mr. Gurnee was asked by the Commission to explain the possible standards that the Commission had on skirting. Mr. Gurnee suggested concrete board, poured concrete, or concrete block. He stated that poured concrete or concrete block would give him a better house. Mr. Goodman said that he is not a fan of single-wide homes, but that this one would set a precedence. Mr. Myers agreed. Mr. Colclazier asked Mr. Skibbe if he would be opposed if other single-wide units came to the area. He confirmed that he would not be opposed to additional units being placed in that area in the future so long as they were newer models, they looked nice, and if the lot size was similar. He stated that singlewides are not for everyone, but are ideal for some. Mr. Goodman made a motion to approve, seconded by Mr. Myers. The motion for approval passed 4-0. This recommendation will go before City Council on May 5 th. Mr. Gurnee handed out information on proposed regulations on wind turbines and solar panels from ENREL. He stated that these were not for discussion tonight, but for the Commission to read. The City Council has called a public hearing for the Planning Commission on May 14 th to get a recommendation on these. These regulations will require changes to the zoning codes. Mr. Gurnee stated that he will have suggested changes to this document to make it easier for property owners. Mr. Gurnee then handed out a draft of Phase II of the Comprehensive plan. BNIM wants to have a large scale community meeting, similar to the one they did in December for Phase I. Mr. Gurnee requested that the Commission call for an official, legal, advertised public hearing for May 14, 2008. Gurnee will supply the Commission with additional information from BNIM as it becomes available. Modifications to the plan can be suggested. Mr. Colclazier voiced concern that May 14th may be too soon. He wants to make sure that the public has all the information about this plan. He also recommends moving the meeting to the school to encourage a large audience at the public hearing. Mr. Gurnee explained again that BNIM wants to hold an informative community meeting prior to May 14 th to allow for citizen involvement, as they did with Phase I. They would like to have that meeting at the school; however, the official, legal public hearing will be held at the Commission’s current meeting location. He reminded the Commission that they and the community were so well informed about Phase I that the public hearing took just a few minutes prior to recommendation of approval.
Gary Goodman made a motion, seconded by Dana Maier to call a public hearing to consider Phase II of the Comprehensive Plan on May 14, 2008 at 7:30 pm. The motion passed 3-1 (Colclazier voting “no.”) When asked about the agenda item “Extraterritorial Jurisdiction,” Mr. Gurnee commented that this would need to be continued. Extraterritorial Jurisdiction will require the City to have new mapping and zoning. The City is going to be remapped in the near future using aerial photography. Mr. Gurnee has had a conversation with City Administrator Steve Hewitt concerning the matter. Mr. Hewitt is checking into having this done at the same time. Mr. Colclazier made a motion to adjourn, seconded by Mr. Maier. The motion passed 4-0 and the meeting adjourned at 8:40 pm. _____________________________________ Secretary Date