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PUD2015-00006 - COUNTY PLANNED UNIT DEVELOPMENT (PUD #49) ZONING REQUEST ON GC GENERAL COMMERCIAL AND SF-20 SINGLE-FAMILY RESIDENTIAL ZONED PROPERTY GENERALLY LOCATED NORTH OF US HIGHWAY- 54 AND ON THE EAST SIDE OF 135TH STREET WEST. (DISTRICT 3)
Presented by: Dale Miller, Director, Metropolitan Area Planning Department.
RECOMMENDED ACTION: Adopt the recommendation of the Metropolitan Area Planning Commission (MAPC) and approve the requested PUD zoning.
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Background: The applicant proposes to change the unplatted 40-acre Sedgwick County site's GC General Commercial (GC) zoned south half and its SF20 Single Family Residential (SF-20) zoned north half to PUD Planned Unit Development zoning; PUD #49, the 135th & Kellogg Event Center. The GC and SF-20 zoned Sedgwick County site is located approximately 750-feet north of US Highway-54/Kellogg Avenue on the east side of 135th Street West. The proposed PUD will be rented out for corporate or professional events, life cycle and other special events. Examples of these events include seminars, meetings, lectures, retreats, birthdays, anniversaries, weddings, reunions, charitable events, fundraisers, art shows, holiday festivals, photography shoots and similar events. These events will be scheduled on an as need basis every day of the year, but not repeated on a weekly basis and not be open to the general public. The applicant also proposes "outdoor entertainment and recreation," including water related activities on the proposed expanded pond, with volleyball courts, and an area for inflatables. The outdoor entertainment and recreation area will be open to the general public. The serving and consumption of alcoholic liquor or cereal malt beverages (drinks) on the site is an option for all of the proposed activities. Live music or DJ music for dances for the events are also options. Indoor and outdoor preparation of food for the activities are an option as is a concession stand.
The PUD zoning district is a special zoning district that is intended to encourage innovative land planning and design. Any use may be permitted within the PUD zoning district, provided that it is consistent with the purposes of the Unified Zoning Code (UZC) and the approved PUD plan. A PUD allows consideration of the applicant's event center with the options of providing the serving and consumption of alcoholic liquor or cereal malt beverages and live music or DJ music for dances, as well as some uses permitted by right in the GC zoning district.
The UZC defines an "event center in the city" as premises that are frequently rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled; UZC Sec.II-B.4.m. However, the UZC does not have a definition of an event center in the county, therefore the applicant's request for an event center is not permitted. The proposed PUD zoning allows consideration of an event center in the county. The proposed days of availability are seven (7) days a week, all year. The event center is proposed to be available: Sunday - Thursday, 8 a.m. to 12 p.m.; Friday - Saturday 8 a.m. to 1 a.m. The event center will be rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled. A maximum of 350 people attending an event is proposed. Based on one parking space per two people (night club parking standards), 175 parking spaces will need to be provided.
The UZC's definition of a "nightclub in the county" is an establishment located in the unincorporated area of the County that provides entertainment, which may include the provision of dancing by employees or patrons, and which may or may not serve food or that provides entertainment as defined in the County's Adult Entertainment Code (UZC, "sexually oriented business") so long as such establishment is in compliance with the Adult Entertainment Code. The term nightclub in the county shall not include any establishment in the unincorporated area of the County in which alcoholic liquor or cereal malt beverage of any kind is sold, used, consumed or possessed by any person at any time on the premises of the establishment; UZC Sec.II-B.9.c. The applicant does not propose a sexually oriented business in the county. The applicant proposes to provide live music or DJ music for dances located in the event center buildings as options for the scheduled events. The applicant also proposes low volume music that will not be a nuisance for weddings. The site's SF-20 zoning does not permit consideration of a nightclub in the county. The site's GC zoning does permit a night club in the county, but no alcoholic liquor or cereal malt beverage of any kind be sold, used, consumed or possessed by any person. The site's GC zoning is not typical for property located within the county, but instead reflects the site's and the neighboring properties close proximity to Wichita and US-54/Kellogg Street.
The UZC defines a "tavern and drinking establishment" as an establishment engaged in the preparation and retail sale of alcoholic liquor or cereal malt beverage for consumption on the premises that derives in a six-month period less than fifty percent (50%) of its gross revenues from the sale of food and beverages for consumption on the premises. For the purposes of this code, the term tavern and drinking establishment shall include Class B Club; UZC Sec.II-B.13.b. The applicant proposes the serving and consumption of alcoholic liquor or cereal malt beverages (drinks) on the site as an option for the events. The site's SF-20 zoning does not permit consideration of a tavern and drinking establishment in the county. The site's GC zoned portion allows consideration of tavern and drinking establishment as a Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 300 feet of a "church or place of worship," "public park," "public or private school" or "residential zoning district." The site abuts SF-20 zoning on its north and east sides and is located within 90-feet of SF-5 Single-Family Residential (SF-5) zoning on its west side. The proposed PUD zoning serves the same purpose as a Conditional Use for this activity. The applicant proposes that the site will not operate as a tavern or nightclub, nor will it operate as a Class A or Class B club.
The UZC defines outdoor entertainment and recreation as a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, pitch and putt facilities, tennis courts and amusement rides; UZC Sec.II-B.11.b. The applicant has not prohibited "recreational marine facility," which is a facility relating to recreational boating. Typical uses include boat docks, marinas, boathouses and yacht clubs; UZC Sec.II-B.8.g. This would allow water related activities on the proposed expanded pond. It can be anticipated that volleyball courts would be included. Outdoor entertainment and recreation is permitted by right in the GC zoning district. The proposed outdoor entertainment and recreation area is proposed to be open to the general public year round from 10 a.m. to 10 p.m. The applicant proposes that the sale of alcoholic liquor or cereal malt beverages for consumption on the premises is permitted to the general public for outdoor entertainment and recreation.
Currently the 40-acre site is developed with what appears to be two, metal agricultural accessory buildings, a dirt and gravel drive that splits to the north and south of the buildings, continuing on the south side to the east side of the property. There is a small pond located on the northeast side of the site. City water is available to the site. There is no sewer available to the site. Current access to the site is off of 135th Street West, a curbed and paved two-lane, two-way arterial with a center turn lane. The site also has access onto Harry Street by a gravel drive located on a long, narrow south extension of the site. Harry Street is a paved two-lane, two-way frontage road at this location.
The PUD shows the existing pond expanding to cover most of the northeast portion of the site. The applicants propose that outdoor events and outdoor recreation and entertainment are placed at least 100-feet away from the site's north side, 200-feet from the site's east side and 250-feet from the site's west side. These sides of the site either abut or are adjacent to SF-20 or SF-5 zoning. Outdoor events and outdoor recreation and entertainment are allowed up to the 35-foot setback on the south side of the site where it abuts GC zoned land. The PUD proposes 35-foot building setbacks. The PUD proposes landscaping per the UZC while incorporating the existing landscaping. The PUD does not provide screening where it abuts residential zoning. The applicant has proposed that security may be provided. Other provisions of the PUD refer to allowing tents as needed for the events, but not for camping.
The site is located in a relatively small, isolated SF-20 and GC zoned portion of Sedgwick County, located north of US-54/Kellogg Avenue with the City of Wichita and city development adjacent to its west, north and east sides. SF-5 zoned single-family residential development and a public golf course, both located in the City of Wichita, are the areas' predominate feature. SF-20 zoned agricultural fields abut the north side of the site; these fields are impacted by a flood zone. The SF-5 zoned Auburn Hills Public Golf Course is located approximately 750-feet further north of the site. Extensive SF-5 single-family residential development (subdivisions mid-2000s) abut and follow the golf course. GC and SF-20 zoned agricultural fields and a farmstead abut the east side of the site; these lands are impacted by a flood zone. The SF-5 zoned Auburn Hills Public Golf Course is located approximately 1,000-feet further east of the site. Extensive SF-5 single-family residential development (subdivisions recorded early-2000s) abut and follow the golf course. Development abutting the south side (located in the county) of the site include a GC zoned retail-warehouse, an antique mall, a self-storage warehouse and agricultural fields. Development located west of the site, across 135th Street West, includes a few SF-5 zoned large tract single-family residences (built 1957, 1968, 1981 and 1998), SF-5 zoned single-family residential development (subdivisions recorded mid-2000s), the Auburn Hills Public Golf Course and a GC zoned Presbyterian Church (built 1996, 1999 and 2004). All development located west of the site, across 135th Street West, is located within the City of Wichita. The requested PUD appears to be the first for this general area.
Analysis: At the Metropolitan Area Planning Commission (MAPC) meeting held December 3, 2015, citizens were present to protest the PUD. Their concerns include, but are not limited to: the traffic generated by the site, loud music; unruly behavior by the guests on the site brought on by the availability of liquor and beer and a negative impact on their property values.
A motion was made by the MAPC to approve PUD #49, subject to Staff's recommended provisions, platting within a year and the following revisions:
(1) Parking shall be provided at the rate of one parking spaces per four people and upon annexation into the City of Wichita parking shall be surfaced per City Standards.
(2) Upon annexation into the City of Wichita the site will conform to the City's noise standards (UZC, Sec.IV-C.6). Outdoor speakers used in conjunction with outdoor entertainment and recreation shall be required to stop all noise generating activities out of doors, outside the hours of 10 AM through 8 PM, between the months of April 1 through September 30.
(3) A landscape plan, including berming along the north and west sides of the site, shall be submitted for review and approval by the Planning Director.
Staff has received valid protests totaling 57.55 per cent of the land area within the 1,000-foot (county land) and 200-foot (land within the Wichita City limits) protest area. Those protests outside the protest area lack protest status and as such are not calculated into the requirement of having four (4) of the five (5) Commissioners vote to override protests.
Alternatives: (1) Adopt the recommendation of the MAPC and approve the requested zone change to PUD #49 (this requires a three-fourths majority, meaning four (4) of the five (5) County Commissioners have to vote to override the protest petitions), subject to platting within a year and direct staff to prepare an appropriate resolution after the plat has been approved and authorize the Chairman to sign the resolution or;
(2) Deny the requested zoning, with the Board of County Commissioners (BoCC) adopting additional or alternative findings in support of the denial, or;
(3) Return the requested zone change (PUD #49) to the MAPC for reconsideration with a statement of the reasons for return (simple majority required; NOTE: upon resubmission to the BoCC, a three-fourths majority of the BoCC will still be required to approve the zone change and override the protest petition).
Financial Considerations: There are not any additional financial considerations to the County associated with this application.
Legal Considerations: The Board of County Commissioners can approve or deny the zoning change request, or else refer the matter back to the MAPC, consistent with the three (3) alternatives listed above and subject to the noted approval requirements for each alternative. K.S.A. 12-757 is the statute that addresses the requested zoning change and also the protest petition.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Cross Road Fellowship Bible Church Inc., (owner) Jennifer Warner (applicant) , Baughman Co., c/o Russ Ewy (agent) and other potential interested parties.
Multimedia Presentation: PowerPoint