Planning Commission - Regular Meeting

[Music] Heat. Heat. down. [Music] [Music] Okay.

Again, everyone, we're going to start the meeting. So, if you're going to continue your conversation, please take it out into the hall. I don't care. [Music] Do you care? Don't you care about that? [Music]

Okay, let's call this meeting to table Christian order. The first item of business is roll call. You're going to have to get louder than that. Williams here. True here. Coleman Asia here. Wallace here. Rinky blood here. Next item in business is the approval of minutes of July 10th, 2025. Would we approve them? Second. Any corrections? A motion second to approve as presented. All in favor? I. Those opposed? Any abstensions? I abstain. Thanks.

Under new business, we have a public hearing for a zone change request from SF single family residential to MF4 multif family 4 residential for property Germany located at 6401 South Sunnyside Road. Protect the rights of all parties involved in an order. Create an opportunity for everyone to speak their opinion and present information. The Hazelwood Planning Commission follows a specific procedure in reaching a decision. A copy is available by the door. We now formally open the public hearing to consider proposed zone change from SF single family to MF4 3 and four family residential. Any members of the planning commission have any conflict or interest in this case? No. No.

Members received any written or electronic communication on this matter? No. No.

No. staff, please present. So, the applicant is requesting a zone change from SF single family to MF4 multifamily dual residential for property generally located at 6401 South Sunnyside. The property is just under half an acre and is located at the intersection of 63rd and South Sunnyside, but it only has access to South Sunnyside, which is a paved one-way local road. The property is currently undeveloped and has access to city water and sewer. It was platted in 1951 as lot one block one board's fourth edition to Sedwick County and was later annexed into the city of Hazesville. And at that time of annex annexation, it was designated as parkland on our land use map. The current land use designation is residential and the property was sold to the current property owner by the city of Hazesville in June 2023. The surrounding properties are mostly single family residential. Properties to the north are rural residential and used primarily for agricultural purposes, but do have two single family homes. Properties to the east are zoned SF single family residential and contain a large lot single family dwelling. Properties to the south and west are zoned single family and contain single family dwellings. And properties to the southeast are zoned heavy commercial and contain an auction house, truck and trailer rental and shed sales. Such heavy commercial activities are buffered from the single family dwellings by a tree covered section of the property. The property owner's agent is here to address any questions related to the development of this site, but such proposed development is not a criteria in the consideration of this zone change. This review is only on evaluating the suitability of the property for the MF4 multif family zoning district. Future development could include any use permitted under the MF4 regulations.

Prior to the publication of this staff report, we had not had any public objection to the zone change. But at noon today, I received an email from Deborah Holder, the property owner immediately to the south of this property, who is an objection of the zone change. Her email is included at the end of this staff report and has all of the attachments she sent, which include violations from the city of Witchaw for the applicants properties in Witchaw and some pictures of the property as it stands now. The current zoning SF single family residential allows for low density single family development while the requested zoning and F4 allows for multifamily medium density development. Both districts allow a limited amount of public and civic uses aimed to serve the needs of those living in neighborhoods. The table below in your staff report shows the development standards for each zoning district. And as you can see, the only difference is that the maximum height is 45 ft in single family and it's only 35 ft in MF4. So you can actually build higher in single family than you can in multif family. But the subject property meets all of our standards for development. In the making of this report, staff utilized the golden rules. The first is which the zoning uses and character of the neighborhood. As mentioned before, the p predominant land use of this neighborhood is single family and residential except for those properties to the north that are agriculture and properties to the southeast that are heavy commercial. Golden rule number two is the suitability of the subject site for the uses is which of which it's been restricted which the subject site is currently zoned SF single family and is suitable for lowdensity single family residential development which is appropriate given the context of the surrounding neighborhood. Golden rule number three is the extent to which removal of the restrictions will detrimentally affect nearby property. In your staff report, you'll see a list of uses that are permitted conditionally

or by right in the MF4 district. Those uses are two family, three family, multifamily, daycare, hospital, and nursing facility. While the hospital would not work on this lot because it's not big enough, multifamily, daycare, and nursing facility are all conditional uses as well. and removing the restrictions of SF and increasing to MF4 could detrimentally affect nearby property if special consideration is not taken to ensure development occurs at house scale. If it is taken and development is occurred at house scale to family and three and four family development can integrate seamlessly with the existing neighborhood. House scale development typically means smaller building footprints, lower perceived density, activated building fronts with the building facing the street and front porches, and having parking hidden behind the building. In your staff report, there's some examples of this type of development. The city also has some provisions in our zoning regulations, our parking regulations, and our landscaping regulations that already protect single family development from the potential adverse effects from multif family development. Um, one of those is the landscaping regulations where a buffer of 15 ft for landscaping is required between all two family or single family development and anything three, four or higher. Um that regulation also requires all parking to be screened from the abuing single family or two family development. Um staff does not recommend that any of the uses that were commercial that are not residential that are allowed in MF4 not be allowed on this property because access is only from South Sunnyside which is a paved oneway local street. The width of the street doesn't meet the city's minimum standards for local streets

and has no available on street parking. Thus, establishments would that would generate traffic would detrimentally affect nearby properties and potentially cause issues with public safety. So, non-residential uses would be considered if South Sunnyside was a two-way road, but unfortunately, it's not. Um, the fourth golden rule is the length of time the subject property has been has remained vacantly zoned. It has been undeveloped since it was platted in 1951.

The fifth the fifth golden rule is the relative gain to the public health, safety and welfare is compared to loss in value imposed on the applicant. Staff does foresee a negative effect to public safety as a result of the approval of this zone change because it only has access to South Sunnyside. The applicant did request access to 63rd Street, but that was denied by Cedric County. Um depending on the lo location of the driveway, staff foresees that those exiting the property may be encouraged to drive the wrong way on the oneway road. Um during the site visits for the staff report, staff did not see any current residents going the wrong wrong way down the road.

Is there a way for you to turn up the sound so we can hear? There is not. Ma'am, if you would like to scoot forward to one of these chairs, that might help you a little bit to sit beside where you could hear a little bit better. That will help. I can't hear him when he talks. Golden rule number six is conformance of the requested change to the adopted or recognized comprehensive plan, which it is in conformance to our comprehensive plan. It's in conformance with population objective number three and the housing goal which complain about that

which increase housing diversification within the community and provide a variety of housing choices to future and current populations. It's also in conformance with our land use map because it is designated as residential. Staff also does not expect a negative impact to community facilities for this. And the last golden rule is opposition from neighboring residents in which we had one neighbor um state opposition prior to this meeting. So considering all those golden rules, staff is recommending approval of this zone change but with a protective overlay. Um, we'd only be allowing residential uses, so single family, two family, three and four family, group homes, which is a state statute, and home occupations that don't generate traffic, and also short-term residential rentals. There'll be four site development standards. The principal structure has to face South Sunnyside. It has to have a porch at all the main entrances, and that porch has to be built at the setback line or in front of it. The maximum height of all structures can only be 25 ft or two stories. And the exterior of all structures has to be brick or vinyl. Parking has to be in the back behind the principal structure, but it could also be located in hard surface driveways. And access has to be complete access control has to be dedicated for the north 30 ft of street frontage. There is a secondary recommendation in here. If planning commission would like to recommend a zone change to two family, the only difference in that protective overlay is the exclusion of three and four family. But the agent is here to speak if you have any questions.

Any questions for staff? No. No.

For the applicant's agent, he wish to speak. Josh White K Miller Engineering on the agent for the applicant. Um we agree with all the staff comments including the alternative recommendation. We initially submitted this application for MF4 with the idea of um a site plan that would require MF4 zoning. Since then, the owner has opened it up to developments that would only require two family zoning. We agree with all of the uh recommendations and the protective overlays. Um I can answer any other questions that you guys might have. Any questions?

No questions. Thank you. Okay. Now's the time for any member of the public to speak. Uh you have five minutes. If you are presenting good factual information, this time may be extended. Also, I have quite a few here signed up to speak. Um, if you are going to say the same thing as the two people in front of you and the two people behind you, I would ask that you elect a spokesperson. We can't hear you. Can everybody else hear me? Okay,

we can't hear you. I'm going to ask if you're going to say the same thing as the two people in front of you and the two people behind you, elect one person to speak for you and we'll give that person more time if we need rather than 10 people saying the same thing. I assure you we are listening. I doubt that. Okay. It it would make all of our time a little bit quicker if you're all going to say the same thing. So, if you would like to do that, let us know which of you would like to speak. Otherwise, I'll start rolling through each one of these in the order that I have them sitting here. No thoughts.

All right. Joe Burns. Kaylin, you got time? Yeah, I can keep time. I assume I come up here. Yes. Yeah. Um the uh please start by stating your name and address for us for the minute record.

Joe Burns, 6439 South Senica or 6439 South Sunnyside. Um, I'm not sure what your policy is on this, but one thing I don't understand is I live four houses, five houses down from where this uh zoning is taking place. Not one word was said to me. We live on a one-way street, barely wide enough for one car, and they want to add four more buildings or four more apartments to this. I don't even think the road can handle what's there, but they want to add four more uh buildings to this uh corner with I don't know if these are 1, 2, 3, 4, 5 apartments. Don't know whether they're section 8. Don't know what we're getting. I was thought maybe there'd be something here that says we're going to plan an exit on 63rd, but from what I hear, that's not going to happen. and you're going to dump all the traffic onto a one lane road that is probably about 12 maybe 15 ft wide at best. And I mean that's that's just a guess, but I'm and I'm just curious is do any of you ever been over to that area?

Maybe drive past it, but have you been down the streets, been through the neighborhood?

I know the law enforcement don't get down there much, so I don't know if you do either. But problem is we're dealing with a lot of traffic in a small area. Luckily, we don't have a lot of kids in down there anymore because they're lot too many people come the wrong direction. UPS, FedEx, uh Amazon. None of them know what a one-way sign is because we get them coming the wrong way all the time. So, uh I'm I'm opposed to the idea of putting a multi- uh complex on a corner to congest traffic in a way that is just uh on a road that I don't think's able to handle it. And so that's all I got to say at this time.

Okay. Thank you. Uh for clarification, what was the notification radius? 200 feet to um the west and the east because that's city limits and then 1,000 feet in the north because that's out of city limits and south south was 200 ft. Okay. So just for everybody that that just so you know that's set by state statute that notification range is set by state statute. That's what we follow. It was what 200 200 feet in city limits and 1,000 ft outside of city limits. Okay. Glenda West. Glenda West.

Glenda. That's you. Would you like to speak? I'm She can't hear you. I'm just against it because I'm I live I have the biggest lot close to it. It's going to be right in my backyard. And I just um I don't want all the kids coming over and climbing on my trees. they won't have any place to play or anything on that if they put an apartment there. And I just don't want it to be changed. So, can you state your name for the record? Your name and your address for the record. Glenda West, 100 West Sunflower Drive. Sorry if I cut you off.

Thank you, Glenda. Pauline,

I'm going to talk so you can hear me. I live at 6400 Keystone. My name is Pauline Osman and I have sit in many of these seats from time to time. Four apartments on that property are too much. That means at least four cars and maybe eight. And you have Sunnyside Road that is a half street and it's difficult now. It's not good. Plus the fact that we have had an apartment, well, a rental situation where the owner is away and it has given us nothing but fits, including shootings. So, we're not interested in having that in our community. It's been a single family community for this long and it needs to stay that way.

Thank you, Pauline. Tammy Wicker um or Tommy Wicker. I apologize.

Tommy Wicker. I live at 6415 South Sunnyside immediately south of that property. Um, start with that place has been a park ever since I can remember it. Uh, I've realized it was recently sold. Uh, that came up with conversation after we rebuilt our driveway next door there. And I asked the city at that time if they'd consider selling me that property because I've watched over it and maintained it for more than a decade. Short of mowing the place cuz Hayesville took care of that. It was listed as a park for a very long time. Neighbor kids play there. Uh we use it for overflow parking. Sometimes, as you've heard, we can't park on the street out there. Uh sometimes we have our Fourth of July celebrations and shoot off our fireworks and stuff in that open lot. It's really nice for the neighborhood. I wake up in the morning and have my coffee and look out the window and see the trees and the beautiful open lot. And it's real peaceful there right now. I realize it's probably not going to be soon. That's a damn shame. I wish you guys had considered selling it to me or keeping in the park. Excuse my language, but pretty emotional subject for me right now. Uh I I don't know how to convince you to fix this. You guys are clearly interested in money. Uh it sucks for all of us and it's going to create, you know, as the folks have said, it's a lot more traffic. It's going to be people looking in my driveway, looking in my windows, being next to my house 24/7 when I haven't had nobody there for my entire existence at that property. I just don't know how to explain to you guys how you've steered wrong on this moment here. And I I wish you'd be considered. Please don't please don't do that to us. Thanks.

Uh, Kelly Poe.

My name's Kelly Poe. I live at 6420 South A Street. Um, my landlord is sitting here with me. U, he brought it to my attention that this was happening. I didn't know anything about it until today. I apologize. And most of these people are my friends and neighbors. maybe you. But uh bottom line is I'm considering purchasing the property I I live in right now and that would probably deter me from really sinking some money into that. I just I just don't feel it's it's right for that community. That community is pretty tight. Um some of my neighbors that I uh I visit with quite often aren't here. But, uh, bottom line is I do like that place and I would I would hate that this would be considered cuz it could be detrimental to to my landlord and he's a pretty good guy. U, just just want you all to consider that. Like I said, I am new to this. I just found out today I said I want to go because he's offered the property and this could change my mind towards that. So anyway, that's all I have to say. Thank you, Kelly. Tim Ford.

Well, as Kelly just said, I'm Tim Ford. Um, I own the property over there and have for years, something like that. Um, I've never been to one of these. I don't know how it works. I just know that based on what little bit of information that I was given, which I have to be with him over here is was very vague. Um, you all say that you've been there. So, I have to ask you, if you've truly been there, do you really think that you could put a building there and six, eight cars? I'd have to ask you to really think about that because I could build anything anywhere, but is it really truly accessible? That is a one-way street. And based on what you had said before, uh, that property is going to face Sunnyside. Its entrance is going to be on Sunnyside and the parking is going to be in the rear, which would be at Glenda's back door.

I don't see that kind of access there. I've got a little building experience, little construction knowledge. I may be facitious when I say that. If somebody wants to take me over there and show me, I'd like to see that. I don't know at this point. I'm in neutral. I don't know at this point where I stand on it, but I think you should probably take a look at that and maybe listen to the neighborhood. Um, I've built a built duplex one time and and I think it was on a lot larger than that. So, I don't I don't I just don't see it happening. So, I'd like for you uh to listen to the neighborhood, make your decision based on that. Thank you.

Thank you, Tim. Joe Amos.

Yeah. Joe Amos, 205 East 63rd Street. I'm basically right across the street from that property to the to the east. Okay. The big question I've got is on the infrastructure of the roads and the sewer because I know from conversation with you all over the years that sewer, unless there's been something done that I'm not aware of, uh was already at its limit. And you're talking about putting in a four forlex of some type. That's four families using that sewer and adding to that sewer line. And I just have to question that a little bit. And I think that's something that needs to be on your mind as you're thinking about it. Also, the road itself, you do have the property now to build the road. Uh that's been taken care of. Um so that um the plat that I did gave you that property. So there's no reason for that road to exist the way it exists now. If that became a regular road, this would take all the questioning out of a lot of it because your traffic would be out. Um, and those are the two big things that I have that I I just think that somebody

I'm beating on things. I just think you need to look at that. Uh, the other things that have been brought up, you I don't need to go over that again. So, all right. Thank you. Thank you, Joe. Yeah. Does the applicant wish to rebut anything in the report or public comment? Sure. So, unfortunately with the zone change, the uh the existing street South Sunnyside is out of the scope of of the zone change. Uh Mr. Burns, you mentioned section 8 housing possibly. That has not been the intent of the developer so far. um to my understanding.

So that could change anytime. Uh he is not going to go with that.

Um Mr. Ford, you referenced a site plan uh how something is going to fit in within the site. Um that's something that's going to be addressed afterwards as part of the site plan review process with the city as well as the um and then Mr. Amos, you said the sewer capacity and the road capacity. Those are also things that are outside the scope of this zoning. If you guys have any questions dealing with the zone change, I can answer those or any more questions about the proposed development. Thank you. Okay, public comment is now closed for commission action. The floor is open to commissioner comments.

Yeah. Oh, sorry. Go ahead. Question actually for staff. Um, has staff considered instead of a this proposal moving to a TF2 family zoning instead? That's the second option in the staff report. Yeah, I um considered just doing two family for your guys' recommendation and the protective overlays in there. It's identical to what it would be for MF4. It just doesn't allow that multifamily three and four development.

And is there any um could there be any potential problems with setbacks or anything like that if you have a a forlex up there? considering, you know, parking and all that. Do we have the space to actually do that? What's the Because I' I've lived on a I had the same question. What's the frontage on Sunnyside? The width of the lot? Yeah. 99.5 ft. 15 foot. It

sure is. [Music] What other setbacks around? It has a 30ft building setback line that's been platted, I believe. Um 15 foot on 63rd Street since it's a corner lot. Um 20 ft on the rear and then six feet on the side. Six feet from my garage. It's

awesome. Can't wait. more questions. Brandon or general comment that that does make for questions.

Who else? So, I I hear what you're saying and I have the same concerns. What what I personally am considering is whether or not a duplex for that lot would come close to maintaining the same feel as a single family home. And with the protective overlay of that that could have, you know, a a fenced north or west line and south line. The parking would be in the front rather than the rear because in my opinion, I don't think you've got enough room to get access to the back of that lot where it sits. And I understand what you're saying. I wouldn't want a parking lot behind my house either. Um, but for me it comes down to that's a one-way street and you're right, it's not in good condition. It's not wide enough. And sounds like there is a possibility that in the future that could be widened out to a two-way street if we've got platted across this the other side of Sunny Side. But it's been this way for 75 years and we can't expect that it's going to happen anytime soon. It's a possibility, but it's not something we can count on. Those are those are my concerns. Um the other thing is what what we are considering here today is not even what

this particular developer wants to do. Because if we approve multif family in any form or any kind of zone change and they sell it next week, that next person can do whatever they want with it within that and wouldn't have any kind of reason to come through us unless they were doing something odd. They could put up a 4plex. They could put up a 3plex. They could do whatever within whatever code we write up. We're looking at the ground itself and not a specific use. So that that to me would be concerning. Also,

we're going to have to do if I was one of the neighbors. I don't know if that creates more questions for any of you or more discussion, but that's kind of where I am, sir. The public comment portion is over. So, that we're discussing now. And I I'm I get that you have a question and if I can clarify I I will. But this is the time for us to speak now and the public part is over.

You're talking about that widening sunny side. It looks like the there is an easement on the east side of the road, but the last two lots there don't have any easement. So that would have to be done even to the north to the south. There's two lots that are, you know, butt up to Sunnyside on the south. Uh, which is what 6509 and I don't think the other one has an address, but 6509. That's not in the staff report though, right? Yeah. No, I'm just saying county GIS. Yeah. Yeah. Yeah. Okay.

I spoke to our public works director earlier this week. Um, and he's thought about widening South Sunnyside. Um, but just conceptually, there's not enough rightway. So, it would require rightway acquisition to actually do it, but currently the street is 15 ft wide.

I don't have to acquire that. Okay. Any more discussion? I would entertain a motion. I think a good compromise is if we recommend uh an approval with the amendment to a two family zoning with the protective overlays that were laid out for that.

So that is my motion. Anybody second? I'll second. Would you uh entertain the an addition to that? Sure. One of one of my other concerns is and it seems like the county has it addressed, but if if we're going to go this direction, I want to make sure that it is written in with this property as it moves forward. Yeah, we have complete access control for the first 25 ft. 30 feet. 30 feet on

25 25 ft for the two families. What I might I would also say complete access control to get 63rd because it's not on the face of the plat. So if anything changes at the county, I think that would be something that we would want to require also. So amended. Still seconded. Yes. Have a motion and second to approve duplex two family with complete access control along the entire north side of 63rd and the protective overlays and the protective overlays listed in the staff report. All in favor? I those opposed?

No. uh name. Okay. Um Kaylin, what's the next step for this? It still goes to city council. Okay. They can approve your recommendation of denial or they can override your recommendation of denial or they can send it back to you guys for further review. Okay, everybody catch that? Yep. And the next council meeting that it will be heard at will be most likely October 14th. Okay, that takes care of any notification issues that you guys should have, right? Okay,

if you guys want to all step outside, I'm going to go over your options with you and so that you can hear me better and they can continue. Jesus Christ. [Music] Okay. Item B under new business review of text amendment to the zoning regulations changes to article one title purpose authority and your jurisdiction. Article two interpretation construction and definitions and article seven administration and enforcement. [Applause] Did everyone have a chance to read the violations and enforcement section?

Yes. Yeah. Yeah. Okay.

Um I handed you guys the new table of contents before we started. Um we have the current one in front of you that just lists what everything currently is and then the proposed one. Um, we're going to be consolidating some of our articles and then, um, taking stuff out of some articles and making them their own. Um, like definitions will be its own article. Um, each district will have its own article. So, residential zoning districts, commercial zoning districts, industrial zoning districts. Um, we're adding in a violations and enforcement section, which is what you guys all read earlier. But that's about the gist with the table of contents.

Any questions or discussion? You need us to make a recommendation? No, this is just our review.

Okay. Um, if you guys want to flip to article one in your binders, we've renamed our article one to legal framework because we've consolidated it with article one and article 2. So our title, purpose, authority and jurisdiction are now with our interpretation of and instructions and our interpretation or our interpretation and our construction as well as our vested rights title, purpose, authority, and jurisdiction didn't change much. We just added a bit of legal words um about severability. So if anything is in these regulations is found invalid, the rest of it is still valid. Um and then a provision for how we amend the regulations has also been added. Rules of interpretation is the same. Rule of construction we've added in 300 C, 300D, and 300E. These are our rules for the words in these regulations. So if anything's defined in a different chapter, um we'll go with that definition. If it's not defined in these regulations, if it's defined by state statute, we'll go with that definition. And then for all illustrations, because in the definitions, if you guys reviewed those earlier, we did add some illustrations to our definitions. So if there's a regulatory provision in there, whatever is actually written down is what is interpreted. For vested rights in pre-existing development, we've added 103 C, 103D, 103E, and 103F. These are just rules for existing buildings. And then for 103G, we added in the state statute for vesting of development rights. We already had this, but it was

inaccurate. So, this references the KSA 12764 and the exact wording that is in the state statute. But that's all I have for article one. The majority of article 2 is all new. We've added in the rules and responsibilities for our zoning administrator, the planning commission, and the board of zoning appeals. And we've added in all of the procedures for conditional uses, zone changes, variances, appeals, protests, everything to do with zoning regulations. The procedures have been added in. We had some of this for conditional uses. So that language has been adopted for everything else and altered for how it works in our staff procedures. But we're codifying this. Um we have a bit of concern with some people retiring in the future. Um so if we have everything written down now, hopefully that will ease some transition 5 10 years from now for how the city processes work. Not only for people who work for the city, but for residents reading the regulations, developers reading the reg regulations, anyone who comes into contact with it. and that works with article 11 violations and enforcement. Currently, the only thing we have on violations and enforcement is hidden underneath our administration article in the zoning regulations and it just lists the penalty for what happens if you're in violation of the zoning regulations.

So, we have um drafted the types of violations and the enforcement procedures Any other questions or staff? General discussion?

No. Okay. Item C, review of the planning commission bylaws. I hope you guys are all familiar with these and have read them before. Um, we're not changing anything. This is just our annual. Make sure you read them. Make sure you know the rules.

No approval needed. Nope. It sounds like homework. So, I hope you read it. Uh, no old business or correspondence? No. Uh, next meeting date, September 11th. We have something on the agenda for that already. Yes, we have two things. Item nine. I move we second. I have a motion and a second to adjurnn. All in favor? I. Those opposed? Thank you everybody.