The Hutchinson City Council is treating a recent zoning case a bit like a yo-yo, sending it up and down and up and down again.
The area in question is at the corner of 23rd Avenue and Lorraine Street. The owner wants to rezone the property from residential to commercial so he can sell it to someone who will develop it. Into what, exactly, remains to be seen.
Planning Commission has twice recommended that the request be denied. City Council hasn’t taken Planning Commission’s recommendation and has twice sent the matter back for reconsideration.
At the original public hearing about the matter, a nearby resident and representatives of the adjacent senior living facility spoke out against the rezone. Among the concerns were increased traffic, light and noise from the car wash being proposed for development at that time.
Now, the car wash is off the table, at least according to the property owner at the most recent council meeting.
That may help with some concerns, but one local resident said at the last council meeting that they were against the rezone for any commercial property. He added that he would keep showing up at meetings to object to the rezone over and over again until it was finally put to bed.
The neighboring property owners have signed a protest petition, so the rezone will require a supermajority 4-1 vote of the City Council.
At the most recent council meeting, there was not a majority who would vote to deny the request, but there was also not a supermajority who would vote to approve it. The main remaining option is to send the matter back for further consideration with a simple majority, which they did.
Now that the property owner no longer requires the zoning to allow a car wash, the hope seems to be that Planning Commission can craft a protective overlay.
The protective overlay is a relatively new tool locally, but it is commonly used in planning and zoning to add additional restrictions to a particular area, often to address neighbors’ concerns.
The protective overlay might allow for some of the neighbors’ concerns to be addressed by allowing only lower-intensity commercial uses such as office buildings.
Unless a new compromise is reached, the case could be stuck in a procedural loop that can last as long as the council is willing to keep the yo-yo going.
Reno County residents may remember the many back-and-forths between the Reno County Planning Commission and the County Commission about renewable energy regulations.
Hopefully, this case doesn’t drag out that long. In our view, it certainly does not need to.
One of the factors to be considered for a rezone is whether the change fits with the current comprehensive plan for the area. The area is planned for high-density residential.
While the requested C-1 zoning would still allow housing to be built, the reason for the rezone is to allow other commercial uses that would not conform to the spirit and intent of the comprehensive plan.
Some of this area is already commercial, but the entire area is not likely to become commercial. The lot is next to a senior living facility and is currently zoned for housing. This is a mixed-use area, one ripe for more multifamily housing, which is badly needed.
A recent housing study showed that Reno County needs to develop hundreds of new units of residential housing in the coming decade in order to meet demand and have the potential for growth. A wide range of housing types is needed, but housing for seniors is a significant need.
The Alley is an anchor attraction for the area. The nearby new YMCA, which is sure to be a beautiful addition, is going to be a facility full of services that people will love to walk to.
There was another parcel rezoned commercial for an office building a short way down 23rd Avenue, but it is still available for development.
It is efficient and productive to locate high-density residential developments next to businesses and other services that people might want and need.
It is time for this yo-yo to come to rest. Fundamentally, the factors that are to be considered by Planning Commission have not changed, and that area is properly zoned as high-density residential.
We encourage Planning Commission to deny the rezone for a third time to honor both the neighbors’ objections and the intent of the comprehensive plan. City Council should accept the recommendation and move on to other critical work of attracting more housing development.
The Hutchinson Tribune Editorial Board