MEETING AGENDA ATCHISON PLANNING COMMISSION/BOARD OF ZONING APPEALS

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1 MEETING AGENDA ATCHISON PLANNING COMMISSION/BOARD OF ZONING APPEALS Wednesday, December 4, 2013, 4:30 p.m. Commission Room, City Hall, 515 Kansas Ave., Atchison, Kansas 1. CALL TO ORDER. Commissioner disclosure of conflicts of interest, disclosure of ex parte communications, or declaration of agenda items from which a Commissioner would abstain from voting. 2. CONSENT AGENDA. A. Minutes of the regular meeting of November 6, 2013, and the special meeting of November 14, Action: Consider approving the minutes of the 11/6/13 and 11/14/13 meetings. 3. PUBLIC HEARING ITEMS. A. A public hearing to consider a City-initiated zoning of all lots within Heritage Hills Plat 3, a subdivision in the Southeast Quarter of Section 26, Township 5 South, Range 20 East, City of Atchison. The proposed zoning district is R-1 Single Family Residential. Action: Consider a recommendation to the City Commission on zoning for property in Heritage Hills Plat 3. B. A public hearing to consider a City-initiated zoning of two (2) parcels owned by Cities Service Gas Co. (Southern Star Central Gas Pipeline, Inc.) located at 7002 Logeman Road in the City of Atchison. The recently annexed property is proposed to be zoned as B-4 General Business district. Action: Consider a recommendation to the City Commission on zoning for property at 7002 Logeman Road. 4. NON-PUBLIC HEARING ITEMS. A. Teleconference with KSU for a comprehensive plan update. 5. OFF AGENDA ITEMS/COMMUNICATIONS. 6. ADJOURNMENT.

2 ATCHISON PLANNING COMMISSION/BOARD OF ZONING APPEALS MEETING CITY HALL, ATCHISON, KANSAS NOVEMBER 6, 2013, 4:30 P.M. MEMBERS PRESENT: Planning Commission Vice Chairman Gary Kearney, Commissioners Melanie Brungardt, Floyd Robinson, and Mike Surritt. Chairman Derek Franklin, Commissioners D.J. Bruce and Melissa Hartman were absent. OTHERS PRESENT: Community Development Director Stefanie Leif, Recording Secretary Kathryn Soph, local media representatives, and Jay Dickson. 1. CALL TO ORDER: Vice Chairman Kearney called the meeting to order at 4:30 p.m. 2. CONSENT AGENDA. A. MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 2013: The minutes of the Oct. 2 nd meeting were approved as presented. 3. PUBLIC HEARING ITEMS. A. A PUBLIC HEARING TO CONSIDER A CITY-INITIATED CHANGE OF ZONING FOR PROPERTY AT 6675 SHERMAN ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL TO I-2 GENERAL INDUSTRIAL DISTRICT: Vice Chairman Kearney opened the public hearing at 4:33 p.m. Jay Dickson, 6626 Sherman Rd., said the business has been operating there for six months and asked why this hearing was being held now instead of six months ago. Ms. Leif explained the property was voluntarily annexed into the City, and zoning regulations require that the property be zoned within six months of annexation. Mr. Dickson expressed concern about his property being annexed. He said he is seeing campers and a lot of traffic going in and out of the property. He had concerns about a reported doomsday group on the property. Commissioner Brungardt said that development may not go through; the group has not bought anything yet. Ms. Leif said any uses going into the property will have to conform to city ordinances. She offered to give Mr. Dickson the contact information for the owner of the property. There being no other comments, the hearing closed at 4:43 p.m. Commissioner Robinson moved to recommend I-2 General Industrial District zoning for the property at 6675 Sherman Rd., seconded by Commissioner Brungardt. The motion carried NON-PUBLIC HEARING ITEMS. Ms. Leif asked to schedule a video conference with KSU students and faculty working on the comprehensive plan update. The Commissioners agreed by consensus to schedule the video conference for Thursday, Nov. 14 th at 4:30 p.m. 6. OFF AGENDA ITEMS/COMMUNICATIONS. None. 7. ADJOURNMENT. The meeting adjourned at 4:46 p.m. Minutes of the 11/06/13 meeting approved by the Atchison Planning Commission.

3 ATCHISON PLANNING COMMISSION/BOARD OF ZONING APPEALS SPECIAL MEETING CITY HALL, ATCHISON, KANSAS NOVEMBER 14, 2013, 4:30 P.M. MEMBERS PRESENT: OTHERS PRESENT: PRESENT VIA CONFERENCE CALL: Planning Commission Chairman Derek Franklin, Commissioners Melanie Brungardt, Floyd Robinson, and Mike Surritt. Commissioners D.J. Bruce, Melissa Hartman, and Gary Kearney were absent. Community Development Director Stefanie Leif, Recording Secretary Kathryn Soph. Dr. Katherine Nesse and students from Kansas State University (KSU). Chairman Franklin opened the meeting at 4:32 p.m. The Planning Commission held a workshop to discuss population projections and responses to the recent community survey. The Commissioners viewed a PowerPoint presentation and a summary of the 514 survey responses from KSU during the discussion. Dr. Nesse presented three population forecast scenarios from the KSU students: the first group estimated a population of 13,500 by the year 2030; the second group s projection was 15,000 with a student population of 2,500; the third projection was 12,000. There was a wide range of opinions expressed by respondents to the community survey. The Planning Commissioners suggested the students look at population decline as a possible scenario, study options to diversify employment, and look into infill housing. The next step is the economic development memo. A video conference was scheduled following public hearings on the December 4 th regular Planning Commission meeting. The meeting adjourned at 5:18 p.m. Minutes of the 11/14/13 meeting approved by the Atchison Planning Commission.

4 Planning Commission Action Report Title: Owner: Address: Type of Review: Heritage Hills Plat 3 Clarifying Zoning for Property Sunrise Homes, Inc. and individual property owners Heritage Hills Plat 3, a subdivision in the Southeast Quarter of Section 26, Township 5 South, Range 20 East, City of Atchison commonly known as Royals Road, Blue Bird Court, and Cardinal Circle Public Hearing on a City-initiated change of zoning from A-1 (General Agricultural District) to R-1 (Single Family Residential District) Public Hearing Notice: Published in The Atchison Globe on November 13, Mailed to property owners within 200 feet inside the City and 1,000 feet outside City boundaries on November 12, Proposed Agenda Date: December 4, 2013 Presented by: Stefanie Leif, AICP, Director of Community Development BACKGROUND: The City is initiating a change of zoning for Heritage Hills Plat 3, a subdivision in the SE Quarter of Section 26, Township 5 South, Range 20 East, City of Atchison. The subdivision is presently approximately 50% built-out and includes the lots on Royals Road, Blue Bird Court, and Cardinal Circle. Pursuant to Section 110, Article I, of the Zoning and Subdivision Regulations, property annexed into the city is temporarily zoned R-1 and should to be rezoned to an appropriate zoning district within six (6) months of the annexation. The property was annexed into the city limits on June 20, 2005 pursuant to Ordinance No (effective June 25, 2005). The property would have been annexed in as temporarily zoned R-1 and should have gone through the public hearing process for permanent zoning designation. Staff research found an application for rezoning to A-1, but it is unclear if an ordinance was approved to permanently rezone the property to A-1. The zoning map has reflected the A-1 zoning designation, but Staff has not located records to verify how or if the property became rezoned to A-1. Thus, the lots were subsequently platted and then issued building permits in accordance with R-1 zoning, not A-1 zoning. As the owner continues to develop the properties, Staff felt it would be best to clarify the zoning and permanently rezone the lots to R-1 in order to establish a record of the zoning. 1

5 The developer, Sunrise Homes, is in agreement with the proposed zoning. Public notice was mailed to the individual owners of the built-out lots. At the time of this staff report, no comments have been received from property owners within the subdivision or surrounding property owners. STANDARDS OF EVALUATION: For the Planning Commission s consideration, Staff has provided a review the following standards of evaluation pertaining to change of zoning requests. Staff comments are in lighter type, and the excerpt from the Code is in bold-faced type. Excerpt from Section 803, Zoning Regulations of the City of Atchison, Kansas 803 AMENDMENT PROCEDURES The following factors will be considered by the Planning Commission in determining the reasonableness for granting rezoning requests: The character of the neighborhood. Staff Analysis: The neighborhood has been platted and developed in accordance with R-1 Single Family zoning, so the neighborhood conforms to the proposed zoning district. The open space directly to the west will remain A-1 zoning. The property to the south is R-3 Multiple Family Residential and R-1. The property to the east, across K-7 highway, and to the north is unincorporated Atchison County The zoning and uses of properties nearby. Staff Analysis: North: unincorporated Atchison County, not zoned West: A-1 General Agriculture, open space and hay ground South: R-3 Multiple Family Residential and R-1 Single Family, townhomes and single family residences East: across K-7 highway, unincorporated Atchison County, not zoned The suitability of the subject property for the uses to which it has been restricted. Staff Analysis: The property will be in conformance with zoning if the proposed zoning district is approved. 2

6 The extent to which removal of the restrictions will detrimentally affect nearby property. Staff Analysis: The nearby property is residential, and the nearby A-1 zoned property has future development potential The length of time the subject property has remained vacant as zoned. Staff Analysis: Not applicable The relative gain to the public health, safety and welfare by the destruction of the value of the property of the person making the rezoning request, as compared to the hardship imposed upon that person. Staff Analysis: This zoning process will clarify the zoning and create conformity for the parcels The recommendations of permanent or professional staff. Staff Analysis: Staff recommends approval of the rezone to allow the property to continue existing uses and allow future development to conform with zoning The conformance of the requested change to the adopted or recognized master plan being utilized by the City. Staff Analysis: The City of Atchison adopted the Comprehensive Development Plan for the Atchison Area on September 7, 2004 with revisions in 2006 and This is the recognized master plan being utilized by the City. The future land use map indicates that the future land use of these parcels is residential and the A-1 property to the west is potential residential. RECOMMENDED ACTION: Motion to recommend to the City Commission approval of the recommended Change of Zoning. 3

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12 November 12, 2013 «Name» «Address» «City» Notice is hereby given that the Atchison Planning Commission will hold a public hearing to consider a City-initiated zoning of all lots within Heritage Hills Plat 3, a subdivision in the Southeast Quarter of Section 26, Township 5 South, Range 20 East, City of Atchison. The proposed zoning district is R-1 Single Family Residential. The subdivision plat for the property is on file at the Community Development Office at City Hall. The Planning Commission will make a recommendation to the City Commission on this matter. Pursuant to of the Zoning and Subdivision Regulations for the City of Atchison, written notice of the public hearing shall be mailed to all owners of property within two hundred feet (200 ) of the property being petitioned for rezoning for areas within the City boundaries, and to all owners of land within one thousand feet (1,000') of the area proposed to be rezoned when such area is less than two hundred feet (200') in distance from the corporate limits. Therefore, you are advised that this public hearing will be held on Wednesday, December 4, 2013 at 4:30 p.m. in the Commission Room, second floor of City Hall at 515 Kansas Avenue, Atchison, Kansas. Interested persons may attend the public hearings or submit written comments to the Community Development Office at City Hall, 515 Kansas Avenue, Atchison, Kansas, or via to communitydevelopment@cityofatchison.com For additional information, please call CITY OF ATCHISON PHONE: KANSAS AVENUE FAX: ATCHISON, KS

13 Property owners notified of hearing on zoning Heritage Hills Plat 3 Name Address City Sunrise Homes Inc. 617 Commercial St. Atchison, KS Caudle-Smart LLC 617 Commercial St. Atchison, KS Kelli D. Baker 1706 Bluebird Ct. Atchison, KS Jeffery D. & Megan E. Schuele 1704 Bluebird Ct. Atchison, KS Thomas E. & Shannon M. Pennington 1702 Bluebird Ct. Atchison, KS Mark Joseph & Julia Zia 1700 Bluebird Ct. Atchison, KS Toby W. & LaChrista J. Pennington 1701 Bluebird Ct. Atchison, KS John J. III & Jennifer M. Cocking 1703 Bluebird Ct. Atchison, KS Travis W. & Megan L. George 1705 Bluebird Ct. Atchison, KS Ticia M. Wilson & Brent M. Donaldson 1707 Bluebird Ct. Atchison, KS Ryan M. & Lisa M. Moody 1709 Bluebird Ct. Atchison, KS Gunther & Elizabeth Fischer Trust th Rd. Atchison, KS Kurtis Genail 9526 State Hwy 7 Atchison, KS Gary E. & Christina L. Noll th Rd. Atchison, KS Emily M. Falk & Jennifer V. Falk 133 Boswell Rd. New Florence, PA Katherina A. Vandeloo 9309 State Hwy 7 Atchison, KS Jeffrey D. Frakes 9243 State Hwy 7 Atchison, KS Jeffrey D. & Sara E. Bell Pratt Rd. Atchison, KS Frances Shufflebarger Trust 701 Kansas St. Oskaloosa, KS John W. & Sandra K. Fresh 1401 Prairie Dr. Atchison, KS Donnie L. & Linda R. Roberts 1503 Prairie Dr. Atchison, KS Marshall B. & Kathleen L. Berry 1505 Prairie Dr. Atchison, KS Travis E. Eichelberger 1507 Prairie Dr. Atchison, KS Lisa R. Hollis attn: Lisa R. Alexander 1509 Prairie Dr. Atchison, KS 66002

14 Planning Commission Action Report Title: Owner: Address: Type of Review: Cities Service Zoning for Recently Annexed Property Cities Service Gas Co. (Southern Star Central Gas Pipeline, Inc.) 7002 Logeman Road (S12, T06, R20E, 6th Principal Meridian, ACRES 3, S400' OF W330' OF NE1/4 LESS ROW - complete legal description on file). Public Hearing on a City-initiated change of zoning from temporary R-1 (Single Family Residential District) to B-4 (General Business District) Public Hearing Notice: Published in The Atchison Globe on November 13, Mailed to property owners within 200 feet inside the City and 1,000 feet outside City boundaries on November 12, Proposed Agenda Date: December 4, 2013 Presented by: Stefanie Leif, AICP, Director of Community Development BACKGROUND: The City is initiating a change of zoning for the recently annexed property at 7002 Logeman Road from temporary R-1 Single Family Residential to B-4 General Business District. The owner, Cities Service Gas Co. (otherwise known as Southern Star Central Gas Pipeline, Inc.) currently utilizes the site as a gas utilities station. Pursuant to Section 110, Article I, of the Zoning and Subdivision Regulations, property annexed into the city is temporarily zoned R-1 and should to be rezoned, if needed, to an appropriate zoning district within six (6) months of the annexation. The City annexed the property on June 18, 2012, pursuant to Ordinance No (effective June 20, 2012). Gas metering stations, gas pipes, mains, and conduits are all permitted uses in the B-4 zoning district. The owner is in agreement with the proposed zoning designation. 1

15 STANDARDS OF EVALUATION: For the Planning Commission s consideration, Staff has provided a review the following standards of evaluation pertaining to change of zoning requests. Staff comments are in lighter type, and the excerpt from the Code is in bold-faced type. Excerpt from Section 803, Zoning Regulations of the City of Atchison, Kansas 803 AMENDMENT PROCEDURES The following factors will be considered by the Planning Commission in determining the reasonableness for granting rezoning requests: The character of the neighborhood. Staff Analysis: The surrounding properties are business zoned with the exception of the property across Logeman Road to the west. These properties are not zoned and are in unincorporated Atchison County The zoning and uses of properties nearby. Staff Analysis: North: B-2 Highway Business, single family and woodworking/cabinetry business West: not zoned, unincorporated Atchison County, single family dwellings South: B-4 General Business, former uses include a church and daycare center, currently vacant and owned by Southern Star East: Across US 73/K-7 highway, B-4, Walmart and vacant commercial lots The suitability of the subject property for the uses to which it has been restricted. Staff Analysis: The temporary zoning upon annexation of R-1 zoning does not fit the parcel due to its current use as a utility facility. Utilities are permitted uses in B-2, 3, and 4, and since the majority of the surrounding lots are B-4 zoned, staff recommends this zoning district The extent to which removal of the restrictions will detrimentally affect nearby property. Staff Analysis: The property is non-conforming in the R-1 zoning district, so the B-4 zoning brings the property into conformance The length of time the subject property has remained vacant as zoned. Staff Analysis: Not applicable. 2

16 The relative gain to the public health, safety and welfare by the destruction of the value of the property of the person making the rezoning request, as compared to the hardship imposed upon that person. Staff Analysis: Not applicable The recommendations of permanent or professional staff. Staff Analysis: Staff recommends approval of the rezone to allow the property to continue existing uses and be in conformance with zoning The conformance of the requested change to the adopted or recognized master plan being utilized by the City. Staff Analysis: The City of Atchison adopted the Comprehensive Development Plan for the Atchison Area on September 7, 2004 with revisions in 2006 and This is the recognized master plan being utilized by the City. The future land use map indicates that the future land use of these parcels is transportation/utilities/community uses. The B-4 zoning allows the utilities use to be continued on the property. RECOMMENDED ACTION: Motion to recommend to the City Commission approval of the recommended Change of Zoning. 3

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25 November 12, 2013 «Name» «Address» «City» Notice is hereby given that the Atchison Planning Commission will hold a public hearing to consider a City-initiated zoning of two (2) parcels owned by Cities Service Gas Co. (Southern Star Central Gas Pipeline, Inc.) located at 7002 Logeman Road in the City of Atchison. The recently annexed property is proposed to be zoned as B-4 General Business district. The legal descriptions are on file at the Community Development Office at City Hall. The Planning Commission will make a recommendation to the City Commission on this matter. Pursuant to of the Zoning and Subdivision Regulations for the City of Atchison, written notice of the public hearing shall be mailed to all owners of property within two hundred feet (200 ) of the property being petitioned for rezoning for areas within the City boundaries, and to all owners of land within one thousand feet (1,000') of the area proposed to be rezoned when such area is less than two hundred feet (200') in distance from the corporate limits. Therefore, you are advised that this public hearing will be held on Wednesday, December 4, 2013 at 4:30 p.m. in the Commission Room, second floor of City Hall at 515 Kansas Avenue, Atchison, Kansas. Interested persons may attend the public hearings or submit written comments to the Community Development Office at City Hall, 515 Kansas Avenue, Atchison, Kansas, or via to communitydevelopment@cityofatchison.com For additional information, please call CITY OF ATCHISON PHONE: KANSAS AVENUE FAX: ATCHISON, KS

26 Property owners notified of hearing on zoning 7002 Logeman Road Name Address City Cities Service Gas Co. P.O. Box 2400 Tulsa, OK Attn: NW Central Pipeline Southern Star Central Gas Pipeline, Inc Hwy 56 Owensboro, KY Michael & Linda Bowen th Rd. Atchison, KS Western Resources Inc. P.O. Box 889 Topeka, KS Thomas D. & Susan A. Marlatt 6910 Phillips Rd. Atchison, KS Steven P. & Patricia A. Marlatt Trust Janice K. Wilson 7112 Logeman Rd. Atchison, KS John P. & Kathryn E. Boos 7068 Logeman Rd. Atchison, KS Adler M. Pruett nd Rd. Atchison, KS Steven D. & Martha J. Wilson 6978 Logeman Rd. Atchison, KS Elias 7 Inc nd Rd. Atchison, KS H. Charles Elias nd Rd. Atchison, KS Timothy G. & Janie A. Pickman 6586 Logeman Rd. Atchison, KS 66002