AGENDA BOARD OF ZONING APPEALS Tuesday, October 17, 2017 5:00 PM City Council Chambers 125 East Avenue B, Hutchinson, Kansas 1. ROLL CALL Macklin Woleslagel Bisbee (Chair) Hamilton Peirce Roberts-Ropp Carr Hornbeck (Vice Chair) Peterson 2. APPROVAL OF MINUTES Meeting of July 18, 2017. 3. CORRESPONDENCE & STAFF REPORTS Motion to accept documents into the official record. 4. PUBLIC HEARINGS a. SUP17-000001, Request for a special use permit for a pole sign in the P/I Public and Institutional District at 1300 N Plum St (Staff Representative: Casey Jones, Senior Planner) Action: Motion to (approve / deny) Staff s recommendation to approve Special Use Permit #SUP17-000001 for a pole sign at 1300 North Plum Street based upon finding that the required factors for special use permit approval are (met / not met) and with the staff-recommended conditions of approval. 5. UPCOMING CASES a. ZV17-000007, Request for a variance from landscaping requirements for multiple family dwellings in the C-5 Downtown District at 00000 W Sherman Ave (Public hearing: 11/7/2017) 6. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.) 7. ANNOUNCEMENTS a. Kansas Planning Conference October 19-20 th, 2017 8. ADJOURNMENT Staff Contacts: Jana McCarron 620-694-2681 Casey Jones 620-694-2667 Amy Allison 620-694-2638 Aaron Barlow 620-259-4198 Charlene Mosier 620-259-4133 Jade D. Shain 620-259-4134
Item 2 BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, JULY 18, 2017 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Board of Zoning Appeals meeting was called to order at 5:23 p.m. with the following members present: Harley Macklin (5/5), Ken Peirce (5/5), Tom Hornbeck (5/5), Valerie Roberts-Ropp (4/5), Janet Hamilton (2/5), Mark Woleslagel (3/5), and Terry Bisbee (4/5). Todd Carr (4/5) and Darryl Peterson (4/5) were absent. Planning Staff present were Jana McCarron, Director of Planning and Development; Casey Jones, Senior Planner; Aaron Barlow, Associate Planner; and Charlene Mosier, Planning Technician. 2. APPROVAL OF MINUTES The minutes of the June 20, 2017 meeting were approved on a motion by Peirce, seconded by Macklin, passed unanimously. 3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Hornbeck, seconded by Woleslagel, passed unanimously. 4. REVOCATION OF SPECIAL USE PERMIT a. 16-SUP-03, Request for Revocation of Special Use Permit #16-SUP-03, based upon failure to comply with the conditions of the Special Use Permit approval. Bisbee asked for the staff presentation. McCarron reviewed Staff s request to revoke Special Use Permit #16-SUP-03 for a bar/tavern use at 1221 E 4th Ave based upon failure of the applicant to meet the required conditions of Special Use Permit approval established by the Board of Zoning Appeals on May 17, 2016. The applicant had one year to install paved parking. McCarron showed photos of the property showing the lack of paved parking. Nine paved parking stalls were required. McCarron said the building was occupied for approximately six months and then occupancy at the building ceased. At the June 20, 2017 meeting, the property owner, Amanda Erickson, Mayfield & Sons, asked for an extension of time to pave the parking area. The City Attorney has determined the Board of Zoning Appeals cannot grant extensions, as the original approval contained the maximum extension authority of the Board; however, revoking the special use permit does not constitute a denial and the applicant would not have to wait a year to reapply for a special use permit for this same property. A new application and fee would be required if the owner does reapply.
BOARD OF ZONING APPEALS MINUTES MEETING OF: TUESDAY, JULY 18, 2017 Staff recommended the Board of Zoning Appeals revoke this special use permit. McCarron stated that, in the future, Staff plans to look at the East 4 th Ave corridor and reuse of these properties because many of them do not have paved parking. Bisbee asked for a motion. Motion by Macklin, seconded by Peirce, to approve Staff s recommendation to Revoke Special Use Permit #16-SUP-03 for a bar/tavern use at 1221 E 4 th Ave, based upon failure to meet the required conditions of special use permit approval established by the Board of Zoning Appeals. The motion passed with the following vote: Yes - Macklin, Hamilton, Woleslagel, Peirce, Hornbeck, Roberts-Ropp, Bisbee. 5. UPCOMING CASES none. 6. OPEN COMMENTS FROM THE AUDIENCE a. There were no comments from the audience. 7. ADMINISTRATIVE APPROVALS none. 8. ANNOUNCEMENTS a. McCarron said the Planning Department is placing infographics on the Hutchison Facebook page. This has been an excellent way to get information to the public on various zoning topics, such as where to park an RV, where to place a fence, and many other items handled in the Planning Department. The Facebook page has received many more hits per week than the City s website for this type of information received in a year. 9. ADJOURNMENT The meeting adjourned 5:33 p.m. Respectfully Submitted, Charlene Mosier, Planning Technician Approved this day of, 2017 Attest: 2
Planning & Development Department 125 E Avenue B Hutchinson KS 67501 620.694.2639 STAFF REPORT Planning Commission Board of Zoning Appeals DATE: October 9, 2017 4.a. Agenda Item #: CASE #: SUP17-000001 PUBLIC HEARING: YES NO MEETING DATE: October 17, 2017 REQUEST Comprehensive Plan Amendment Conditional Use Permit Final Plat Language Amendment Preliminary Plat Study Session Subdivision Variance Zoning Amendment Other Appeal Special Use Permit Variance STAFF STAFF REPRESENTATIVE: Casey Jones, AICP, CFM Senior Planner PROPERTY PHOTO STAFF PROJECT SUMMARY COMP PLAN COMPATIBILITY LOCATION MAP 1300 N Plum St (Existing Sign) RECOMMENDATION: APPLICANT INFORMATION APPLICANT: Luminous Neon, Inc. PO Box 916 Hutchinson, KS 67504 PROPERTY OWNER: Hutchinson Community College 1300 N Plum St Hutchinson, KS 67501 DESIGN PROFESSIONAL: N/A CONCURRENT APPLICATIONS: None APPROVAL DENIAL APPLICATION MATERIALS: The applicant requests a special use permit for a pole sign at 1300 N Plum St that See City website: www.hutchgov.com would be used for on-premises advertising by Hutchinson Community College. The ZONING: college has an existing pole sign, which the applicant proposes to remove to make P/I Public and Institutional District repairs and replace the electronic message center (EMC) with a new EMC and new electrical components. The existing sign is nonconforming. The sign was permitted by variance in 2006 under a prior sign code. The sign code was subsequently COMPREHENSIVE PLAN DESIGNATION: amended and a special use permit is now required for pole signs in the P/I District. Public/Institutional The dimensions and height of the sign will not change. The proposed sign is located on Plum Street in a central location within the community. Goal G.2.2.3.a. of the 2017-2037 Comprehensive Plan is to make key City entrances and corridors attractive and inviting. The Comprehensive Plan does not have specific goals or strategies pertaining to signs such as this. The sign is not in conflict with the Comprehensive Plan. 1300 N Plum St Sign Location Subject Property PROPERTY INFORMATION NOTIFICATIONS & REVIEW SUBDIVISION: Not platted EXISTING LAND USE: Hutchinson Community College SITE IMPROVEMENTS: Propose to replace existing sign SIZE OF PROPERTY: 36.34 acres DEVELOPMENT REVIEW: 9/26/2017 PUBLIC NOTICE PUBLISHED 9/25/2017, Hutchinson News PROPERTY OWNER NOTICE MAILED: 9/22/2017 to 37 owners of 48 surrounding properties NEXT STEPS: Sign permit application, if approved N FOR OFFICE USE ONLY Approved Approved with Conditions Denied Tabled
SUP17-000001 POLE SIGN FOR HUTCHINSON COMMUNITY COLLEGE BZA STAFF REPORT 10/17/2017 HEARING DATE ANALYSIS OF STANDARD FACTORS OF APPROVAL FOR SPECIAL USE PERMIT REQUESTS: Finding Analysis Met Not Met 1. Character of the neighborhood 2. Current zoning and uses of nearby property The neighborhood is characterized by institutional and civic uses, including the Hutchinson Community College campus, the Cosmosphere, and the USD 308 Administration Building. Subdivisions of single family dwellings are located to the north and west of the HCC campus. Location Zoning Use Subject Property P/I Hutchinson Community College; Cosmosphere International Sci-Ed Center and Space Museum North P/I and R-4 Parking Lot for Hutchinson Community College; Single family dwellings South P/I Parking Lot for Cosmosphere International Sci-Ed Center and Space Museum; Single family dwellings East P/I and R-5 Hutchinson YMCA, Hutchinson Sports Arena; Hutchinson High School; Multiple family dwellings West P/I and R-4 Parking Lot for Hutchinson Community College; Single family dwellings 3. Suitability of the property for the proposed use as presently zoned 4. Extent of detrimental effects to nearby properties if the application were approved 5. Length of time the property has remained vacant 6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon the landowner if the application were denied The proposed sign will replace an existing sign of the same size and height which has been at this location for about 11 years. The property is suitable for the proposed sign given its unique use as a college, its large size, lengthy street frontage, and P/I zoning designation. The sign will have no detrimental impacts on nearby properties. The property is not vacant. Health, safety, and welfare: The proposed sign will have no impacts on the public health, safety and welfare. Landowner hardship: If the special use permit were not granted, the landowner would be unable to replace the existing EMC with a new and updated EMC. 7. Conformance of this request to the Comprehensive Plan This request conforms to the Comprehensive Plan, which calls for public and institutional uses on the property. 8. Impact on public facilities and utilities The sign will have no impact on public facilities and utilities. 2
SUP17-000001 POLE SIGN FOR HUTCHINSON COMMUNITY COLLEGE BZA STAFF REPORT 10/17/2017 HEARING DATE SITE PLAN REVIEW FOR SIGNS: Item Standard Provided Met Not Met Permitted sign type A pole sign in the P/I District requires SUP approval. SUP application submitted. One pole sign is permitted per 150 linear feet of street frontage. One One pole sign with EMC is Number of signs EMC is permitted per parcel, and this proposed to replace an permitted parcel has been granted a variance existing pole sign with EMC to have a second EMC sign for the in the same location. Cosmosphere. Setback from front property line Easements In the P/I District, signs must be set back a minimum of 5 feet from the front property line. Cannot be located in a utility, drainage, or access easement 20 feet Not in any easements Maximum height 30 feet 21 feet Maximum size 150 square feet 100 square feet Sign brightness Signs cannot shine directly onto residential property, and illumination shall not exceed 0.3 foot candles at the property line of an adjacent residential use. The sign will be illuminated internally. There are no residential properties adjacent to the proposed sign. Power line clearance The city code requires 8 feet of clearance, and Westar Energy requires 10 feet of clearance, from power lines to meet NESC (National Electric Safety Code) standards. There are no overhead power lines nearby. The sign elevation drawings, site plan, and staff-recommended conditions of approval are provided as exhibits at the end of this report. DRC MEETING: A Development Review Committee meeting was held on September 26, 2017, to discuss this special use permit request. The committee recommended approval of the special use permit. PUBLIC COMMENTS: No comments on this request have been received from the public. 3
SUP17-000001 POLE SIGN FOR HUTCHINSON COMMUNITY COLLEGE BZA STAFF REPORT 10/17/2017 HEARING DATE ZONING MAP COMPREHENSIVE PLAN LAND USE MAP 4
SUP17-000001 POLE SIGN FOR HUTCHINSON COMMUNITY COLLEGE BZA STAFF REPORT 10/17/2017 HEARING DATE PHOTOGRAPHS OF EXISTING SIGN AT 1300 N PLUM ST: EXHIBITS: A. Sign Elevation Drawings for the Existing Sign B. Sign Elevation Drawings for the Proposed Sign C. Site Plan D. Staff-Recommended Conditions of Approval 5
EXISTING SIGN Exhibit A CUSTOMER: HCC NAME: ED BERGER LOCATION: HUTCHINSON, KS 9'-5" 8'-4" DATE: 6/17/16 21'-0" 3" 4'-3 1/2" 5'-0" HUTCHINSON COMMUNITY COLLEGE 6 1/2" SPONSORED BY 1'-4" 11 1/2" 1'-6" DESIGN NO.: RS-22698 ARTIST: MS SCALE: 3/8 = 1 SPECIFICATIONS (2) POWER DRAGON LOGOS TO REPLACE EXISING LOGO IN HALF MOON AREA. PULL FACES, BRING INTO SHOP. REMOVE THE LEARNING TREE LOGO AND APPLY DRAGON LOGO IN IT S PLACE. RE-INSTALL COLORS: PMS 286 BLUE (3630-36 DK BLUE) AND PMS 185C RED (3630-53 CARDINAL RED), WHITE TRANSLUCENT BACKGROUND FONT: CUSTOMER SUPPLIED ARTWORK, CLEARFACE GOTHIC, GILL SANS APPROVED: DATE: 10'-0" 2004 LUMINOUS NEON, INC. This design is the property of LUMINOUS NEON, INC. Rights are transferred to the customer upon completion of order. This design is not to be used in whole or in part without the written permission of the company. The PANTONE (PMS) and/or vinyl colors shown on printed document are a four-color process simulation and may not match PANTONE and vinyl identified spot color standards. Use a PANTONE Color Reference Manual or vinyl swatch book for accurate display of colors. 3'-0"
Exhibit B CUSTOMER: HUTCHINSON COMMUNITY COLLEGE 9'-5" LOCATION: 1300 N. PLUM HUTCHINSON, KS 1'-4" 8'-4" DATE: 9/21/17 DESIGN NO.: TS-24131-1R1 3" 4'-3 1/2" HUTCHINSON COMMUNITY COLLEGE 6 1/2" ARTIST: CP SCALE: 3/8 = 1 SPECIFICATIONS REMOVE AND DISCARD 5' X 9'5", 34MM ELECTRONICS DISPLAY FURNISHED IN 2007 FROM PYLON SIGN ON PLUM STREET. 21' 5' FURNISH AND INSTALL 12MM, 5' X 9'5" FULL COLOR DISPLAY IN SAME POSITON AS PREVIOUS. SPONSORED BY 11 1/2" 1'-6" COLORS: SATIN ALUMINUM PAINT, PMS 286 C BLUE (3630-36 DK BLUE) PMS 185 C RED (3630-53 CARDINAL RED) FONTS: CUSTOMER LOGO, CLEARFACE GOTHIC APPROVED: DATE: 10 2017 LUMINOUS NEON, INC. This design is the property of LUMINOUS NEON, INC. Rights are transferred to the customer upon completion of order. This design is not to be used in whole or in part without the written permission of the company. The PANTONE (PMS) and/or vinyl colors shown on printed document are a four-color process simulation and may not match PANTONE and vinyl identified spot color standards. Use a PANTONE Color Reference Manual or vinyl swatch book for accurate display of colors. 3'
HUTCHINSON COMMUNITY COLLEGE PLUM STREET PYLON SIGN 1300 N PLUM HUTCHINSON, KS 67501 Exhibit C 20 0 LOCATION OF EXISTING PYLON SIGN/ PROPOSED LOCATION OF NEW EMC NOTE: EXISTING SIGN STRUCTURE TO REMAIN. LUMINOUS NEON PROPOSES TO REFURBISH EXISTING SIGNS AND REPLACE THE EXISTING ELECTRONIC MESSAGE CENTER WITH NEWER MESSAGE CENTER. SIGN STRUCTURE TO REMAIN THE SAME. OVER ALL SIGN HEIGHT TO REMAIN 21 0.
Exhibit D SUP17-000001 1300 N PLUM ST REQUEST FOR A POLE SIGN IN THE P/I DISTRICT STAFF-RECOMMENDED CONDITIONS OF APPROVAL 1. This conditional use permit shall only be used for a pole sign at 1300 North Plum Street. 2. All electrical wiring to the sign shall be placed underground. 3. A sign permit shall be obtained prior to installation of the sign. 4. The sign shall be designed and installed according to the approved plans. 5. If the sign is not installed completely by 10/17/2018, this special use permit shall expire automatically. 6. Failure to comply with the special use permit conditions of approval may result in revocation of the special use permit.