Title
ZON2016-17 - ZONE CHANGE FROM GC GENERAL COMMERCIAL TO RR RURAL RESIDENTIAL ON PROPERTY LOCATED SOUTH OF WEST 39TH STREET SOUTH AND EAST OF LAKE AFTON (DISTRICT 3).
Presented by: Scott Knebel, Metropolitan Area Planning Department.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission (MAPC) and approve the zone change; authorize the Chairman to sign the resolution and authorize the resolution to be published.
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Background: The applicant requests a downzoning from GC General Commercial (GC) zoning to RR Rural Residential (RR) on a 7.44-acre unplatted parcel. The site is located on the south side of West 39th Street South and east of Lake Afton. The site is not within a small city urban growth area. The site was rezoned from RR to GC in 2005 with a Protective Overlay (PO-160) which limits uses on the site to auditorium, restaurant and outdoor recreation. The primary structure on the site was built in 1955. A silo on the site was converted to a climbing wall with additional outdoor recreation features added to the site. The applicants indicate to staff that they have removed the commercial kitchen from the site, they intend to remove the outdoor recreation climbing features and intend to use the site as a single-family residence. The site is on well water and a shared lagoon with property to the south.
All property surrounding the site is also zoned RR. North of the site, across West 39th Street South, is the County firearms training facility. South and east of the site is property owned by Kings Camp Inc. with conditional use CU-332 for a recreational vehicle camp ground. The County Tax Assessor lists the use of the property south and east of the site as “child and youth services.” West of the site is the Lake Afton County Park.
Analysis: The request was heard by the Metropolitan Area Planning Commission (MAPC) on May 5, 2016. The MAPC approved the request (13-0). No citizens spoke at the public hearing. No protests were submitted against this request.
Alternatives:
1. Adopt the findings of the MAPC and approve the zone change. Authorize the Chairman to sign the resolution and authorize the resolution to be published (requires a simple majority vote).
2. Deny the zone change and override the MAPC’s recommendation (requires a two-thirds majority vote).
3. Return such recommendation to the MAPC with a statement specifying the basis for the BOCC’s failure to approve or disapprove (requires a simple majority vote).
Financial Considerations: There are no additional financial considerations to the County associated with this application.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Legal Considerations: The Board of County Commissioners is authorized to consider this zone change pursuant to K.S.A. 12-741 et seq. and Sec. V-C of the Wichita-Sedgwick County Unified Zoning Code. The options and vote requirements are included within the “Alternatives” section above.