Title
CON2014-00019 - AN AMENDMENT TO CONDITIONAL USE CU-346, TO EXTEND THE OPERATIONAL TIME OF A SAND AND GRAVEL EXTRACTION AND REMOVAL FACILITY BY 25-YEARS ON SF-20 SINGLE-FAMILY RESIDENTIAL ZONED PROPERTY, GENERALLY LOCATED ON THE NORTH SIDE OF 53RD STREET NORTH, AT THE END OF HOOVER ROAD AND THE WEST SIDE OF THE ARKANSAS RIVER . (DISTRICT 4)
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission (MAPC), approve the Conditional Use subject to the conditions recommended by the MAPC, and authorize the Chairman to sign the resolution.
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Background: The applicant is requesting an amendment to CU-346, a Conditional Use to permit "mining or quarrying," which on this site means the extraction and removal of sand and gravel from the site. Condition "X" of CU-346 states that," All sand and gravel extraction shall be completed within 25-years after approval of this Conditional Use permit by the Board of County Commissioners" (BoCC). CU-346 was approved by the BoCC October 23, 1991, thus it will end October 23, 2016. Condition "X" also states that an extension of the operational time can be granted by the BoCC after a public hearing by the MAPC, thus the BoCC's consideration of this request. The proposed amendment also includes: changing the operational plan, which will increase the size of the operational sand pit lake (from 113.7-acres to 122.1-acres) in two phases, and; changing the post operation plan for the site, by reducing the number of single-family residential lots.
Reasons given for the proposed extension includes: the recent economic recession slowing the demands for the sand and gravel extracted from the site, thus not allowing the Conditional Use to be more fully realized, and; the owners studying the possibility of extracting more materials from the site with additional equipment.
The SF-20 Single-Family Residential (SF-20) zoned site is located on the north side of 53rd Street North, at the end of Hoover Road, where it intersects 53rd Street North. The site runs from the Arkansas River on its east side to about a ΒΌ-mile past the Hoover Road - 53rd Street North intersection on its west side. The Arkansas River also abuts the north side of the site. SF-20 and RR Rural Residential (RR) zoned active sand/gravel extraction and removal operations, low density large tract and suburban scale single-family residences, single-family residences built around sand pits lakes, agricultural lands, and inactive sand pits either abut or are adjacent to the west, northwest, southeast, south and southwest sides of the site. The Arkansas River is the reason this area is dotted with so many active sand and gravel extraction and removal operations. Subsequently, when these sand and gravel removal and extraction operations end single-family residential development have been built around the remaining sand pit lakes. The site is also located over the Equus Beds.
Analysis: At the Metropolitan Area Planning Commission (MAPC) meeting held June 19, 2014, the MAPC voted (10-0) to recommend approval of the requested amendment Conditional Use CU-346 subject to the following conditions:
1. The amended CU-346's 25-year sand and gravel excavation and removal period shall begin October 23, 2016, and end October 23, 2041.
2. The amended operational plan shall increase the size of the operational sand pit lake (from 113.7-acres to 122.1-acres) in two phases; Phase 1 and Phase 2. The amended post operational plan for the site, shall reduce the number of single-family residential lots
3. All other supplementary conditions of CU-346 shall remain in effect, unless updated in regards to the current supplemental use regulations for mining or quarrying, updating zoning references, or County departments.
4. If the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void.
A citizen was present at the MAPC to speak against the request. However, no valid protests to the request have been received by staff.
Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission (MAPC), approve the Conditional Use subject to the conditions recommended by the MAPC, and authorize the Chairman to sign the resolution (Simple majority vote required); or
2. Deny the application, by making alternative findings, and override the MAPC recommendation (Two-thirds majority vote required); or
3. Return the case to the MAPC for further consideration with a statement specifying the basis for the BoCC's failure to approve or deny the application. (Simple majority vote required.)
Financial Considerations: There are not any additional financial considerations to the County associated with this application.
Legal Considerations: Approved as to form and signed by County Counselor's Office: The City and County are authorized by K.S.A. 12-741, et seq. to adopt and amend a comprehensive plan, joint zoning code and official zoning map. The City and County have done so, and in that code have provided for the zoning of properties, including overlay districts, planned unit developments, protective overlays, conditional uses and community unit plans.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Ruggles and Bohm, c/o Chris Bohm (Agent)
Multimedia Presentation: PowerPoint