CITY OF LEAVENWORTH PLANNING COMMISSION
COMMISSION CHAMBERS, CITY HALL
100 N 5th Street, Leavenworth, Kansas 66048
REGULAR SESSION
Monday, February 4, 2013
7:00 PM
CALL TO ORDER
The Leavenworth City Planning Commission met Monday, February 4, 2013.
A. Roll Call
Commissioners Present: Commissioners Absent:
Linda BohnsackNone
Mike Bogner
Jay Byrne
John Karrasch
Randy Larkin
Keith Melick
Steve Wood
City Staff Present:
Berrin Nejad, City Planner
Cheryl Bogner, Administrative Assistant
B. Approval of Minutes –December 3, 2012, Regular Meeting. Upon motion by Commissioner Melick and secondedbyCommissioner Wood, the minuteswere unanimously approved 7-0.
OLD BUSINESS:
None
NEW BUSINESS:
Z 2013-01 RECOMMEND APPROVAL
Z-2013-01 Rezone NE Corner 3rd and Seneca
Consider approval of a rezoning request from Central Business District (CBD) to Multiple Family Residential (R-MF) for a vacant lot (Plat of Leavenworth, Block 25, Lots 10-16) on the northeast corner of 3rd and Seneca upon application made by Matt Henderson on behalf of Greenamyre Rentals and Development, Inc.
Chairman Bogner called for the first item on the agenda, and on Ms. Nejad to present the staff report. Ms. Nejad introduced the item: rezoning approval requested in order to build nine (9) three-bedroom townhouses at this location (vacant lots). Ms. Nejad pointed out that other properties in the area are zoned CBD and R1-6. The neighborhood is made up of commercial, single family residential and senior housing (zoned CBD).
The Comprehensive Plan designates the property as commercial and it is also in historic districtandenvirons. Ms. Nejad went on to say the applicant originally requested rezoning to RMX from CBD, however after discussion with the applicant, they decided to go with R-MF (letter of request to change to R-MF is on file). If application for rezoning is approved tonight, it will require BZA approval in certain areas. Ms. Nejad provided various maps and site photographs of the area for review. She noted theapplication was reviewed by DRC on July 19, 2012 in preparation for the project. Utilities are available at this site. Staff received no response from area residents and recommends approval.
Commissioner Larkin asked to confirm the number of townhouses. Ms. Nejad replied the proposed plan has nine townhouses total with two structures and commented the applicant and engineer were in the audience for questions.
Chairman Bogner clarified with Ms. Nejad that the committee was only voting on a recommendation for rezoning and that the project would later be reviewed by the BZA and Preservation Commission. Commissioner Bohnsack asked if DRC would see this project again since the project had changed. Ms. Nejad indicated staff will review the project later on. Preservation Commission would address architectural questions/concerns at a later time.
Commissioner Byrne commented that this request seems contrary to the direction the City has taken as far as expanding the City's business district. Basically, this would be taking away the business zoning. Ms. Nejad confirmed that the project would change from commercial to multi-family residential. She went on to say there have been other proposals for this site previously and nothing has gone forward. For years this property has been vacant and not developable. Commissioner Larkin asked why the property was not developable. Ms. Nejad responded that there are many restrictions on this property; the proposals did not win approval. This is the only option being considered. Chairman Bogner asked if they could tie the zoning change to this development and revert back to CBD if it was not developed.
Chairman Bogner asked for a motion to accept the staff report as is. Commissioner Wood moved that the staff report be recognized;Commissioner Melick seconded it and was unanimously approved.
Chairman Bogner called for any questions. Commissioner Karrasch asked for an overview of the project. Matt Henderson, project engineer, introduced himself and said he is helping with the rezoning project. He noted there are several existing properties in the area functioning as R-MF zoning. He also commented that he and his client aren't there for site plan approval, but rezoning, as they are proposing two - two story structures for a total of nine single-family townhouses. Parking will be internal. The applicant/owner needs nine units for this project to be feasible. Mr. Henderson indicated they would need to come back for variance on the setback and issues later. He noted that zoning makes sence based on other R-MF zoning in the area. Jeremy Greenamyre spoke and acknowledged this iscontrary to the Comprehensive Plan, but said the project fits in better with the surrounding area and is perfect as it isin "between" heights of the neighboringbuildings. Commissioner Karrasch asked why this location was chosen. Mr. Greenamyre responded by saying they own the property and like the locality.
Chairman Bogner asked what conditions changed that affected the initial request for RMX zoning to change to R-MF. Mr. Greenamyre explained that with either zoning request, there were issues: RMX - commercial requirement was an issue, setback was not; R-MF - commercial was not an issue but the setback requirement was; they chose the one that made more sense; to go with a variance for the setback. He also added he already has an inventory of commercial rentals availablein the cityand did not want to add to it.
Commissioner Byrne reiterated that in this incident, this project goes against the City's Comprehensive Plan. He recognized this may be a good use of the site, but the City has a Plan and the burden of proof is on the applicant and did not thinkthe applicant had proven his case. Chairman Bogner commented he felt the same as Commissioner Byrne and questioned the validity of the plan. Ms. Nejad replied the Comprehensive Plan is very important and the City does follow it; it is guidance for us. Commissioner Wood, along with Commissioner Melick, empathized with Mr. Greenamyre and noted he didn't need to increase his commercial rental inventory and that the Comprehensive Plan serves as anoverall guidance. They agreed the area could be developed over the years and then perhaps that will bring the need for commercial development in the area. Commissioner Byrne commented that the Comprehensive Plan is only two years old. He went on to say if the economy picks up, we will never be able to build on that land. Ms. Nejad clarified an earlier comment and noted that once the commission approves the rezoning to multi-family, it will remain that zoning. Chairman Bogner commented that this change could enhance the neighborhood; not lower property values. He also stated that the Comprehensive Plan is only a couple of years old, but maybe they (the committee) didn't get it right and he understands economics changes things. The chairman asked to confirmthere were no responses from the public regarding this application. Ms. Nejad said there were no responses from the public – either for or against the project.
Chairman Bogner asked if there was a motion. Commissioner Melick moved to approve the zoning changes from CBD to R-MF for the NE corner of 3rd and Seneca Street, Lots 10-16, Block 25, Plat of Leavenworth. Commissioner Wood seconded the motion. The motion carried 6-1 (Commissioner Byrne opposed).
Mr. Greenamyre noted that one lot was not zoned and asked for clarification if the motion included all lots. Commissioner Melick repeated the motion saying Lots 10-16, Block 25 to indicate all lots were included in the motion.
DISPOSITION OF REZONING APPLICATION
Motion to Recommend Approval: Commissioner Melick
Second: Commissioner Wood
Aye / Nay / Abstained / AbsentMike Bogner / X
Linda Bohnsack / X
James Byrne / X
Keith Melick / X
Randy Larkin / X
John Karrasch / X
Steve Wood / X
PASSED:6-1
ADJOURNMENT:
With no further business to discuss, the Chairman adjourned the meeting at 7:37 pm
BN:cb
Planning Commission Minutes – February 4, 2013