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ZON2011-00016 AND CON2011-00023 - COUNTY ZONE CHANGE FROM SF-20 SINGLE-FAMILY RESIDENTIAL (SF-20) TO RR RURAL RESIDENTIAL (RR) WITH A CONDITIONAL USE FOR BOARDING KENNELS, AN ACCESSORY APARTMENT, ANIMAL CARE, LIMITED AND A LARGER SIGN; GENERALLY LOCATED ON THE SOUTH SIDE OF U.S. 54 HIGHWAY AND MIDWAY BETWEEN 151ST AND 167TH STREETS WEST. DISTRICT 3.
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change and the Conditional Use; and authorize the Chairman to sign the resolutions.
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Background: The described site is zoned SF-20 Single-family Residential (SF-20). The site is currently developed with an existing home, a managers residence and the High Halo dog and cat boarding kennel. The kennel has been in existence prior to the adoption of County wide zoning in 1984 and is considered a legal non conforming use. The applicant is requesting a County Conditional Use to expand the existing boarding kennel business by adding: 1) additional indoor kennels and outdoor runs; 2) an Animal Care, Limited facility; 3) an Accessory Apartment for the current managers residence, as well as it being relocated in the future, and; 4) a larger sign. Animal care, limited, requires RR Rural Residential (RR) zoning, thus the associated zone change request from SF-20 to RR. The County permits 8-square feet of signage by-right; however, with this Conditional Use request, a larger sign may be approved. Because of the signs location along U.S. 54 highway, the applicant will need to check with K-DOT to ensure the State has no restrictions on the proposed sign. Because the site is located in the City of Goddards Area of Zoning Influence the request was considered by the Goddard Planning Commission, prior to the Wichita Sedgwick County Metropolitan Area Planning Commission (MAPC) meeting.
The proposed zoning and Conditional Use would increase the site from 6-acres to 8.77-acres, double the number of dog boarding kennels with attached runs (from 100 to 200) and double the number of cat kennels (from 20 to 40). The kennel will be/is open Monday - Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 12:00 p.m. It will be/is closed on Sundays and holidays.
Proposed development would mirror materials and architectural types used in the current development; a residential styled kennel building with at least 3/12 pitched gable roofs with roof overhangs extending partially over the attached, individual, chain-link, concrete floor outdoor runs. Currently there are two of these kennel buildings (50 dogs per kennel building), both attached to a reception - office building, which in turn is attached to a single-family residence and attached garage. Looking at the current development from U.S. 54, it resembles one large single-family residence, with a gravel parking area. The kennels are partially screened from U.S. 54 (north side) by the attached residence-office and some solid PVC fencing. The site plan shows the additional kennel buildings attached to the proposed animal care clinic, all of which will be attached to the current complex, thus extending solid screening, primarily by buildings, as seen from U.S. 54 highway.
The current kennels and the proposed expansion partially meet the current Unified Zoning Code (UZC, Art.III, Sec.III-D, 6-k) kennel requirements of:
(a) A minimum of a 5-acre site for a boarding kennel; the applicant has provided an 8.77-acre site.
(b) Outdoor kennels/runs must be located at least 200 feet from any dwelling unit, other than the owners, and 50 feet from contiguous property lines; the existing kennel and proposed expansion meets these standards.
(c) Kennels must be located 600 feet or more from contiguous property lines or provide screening. The existing and proposed kennels are less than 600 feet on the north, west and south sides, thus requiring screening. Partial solid screening is provided along the north/U.S. 54 side by the already noted attached residence-office and solid PVC fencing. A mature hedge row provides seasonal screen on the west side and mature trees provide partial screening on the east side.
The existing kennel is located approximately 140 feet from the western property line and approximately 380 feet from the eastern property line. The new kennels proposed to be attached to the proposed vet clinic will be within 280 feet of the eastern property line, but no closer to the west property line than the existing kennels. The existing kennel is located approximately 340 feet from the nearest property line north of U.S. 54. The new kennels proposed to be attached to the proposed vet clinic will be within approximately 300 feet of the northern property line, but no closer to the south property line than existing kennels. The existing and proposed kennel is located over 1,100 from the southern property line.
A mixture of mostly SF-20 and some SF-5 Single-Family Residential (SF-5) zoned manufactured home parks, single-family residences, and the new Goddard public school site are abutting or adjacent to the subject site. A portion of one manufactured home park has an interior area of MH Manufactured Home (MH) zoning. SF-20 and RR zoned agricultural and undeveloped lands also abut or are adjacent to the site. Undeveloped LC Limited Commercial (LC, CUP DP-241) land is located northwest of the site, across U.S. 54 highway.
Analysis: At the Goddard Planning Commission meeting held July 14, 2011, the Planning Commission voted unanimously (5-0) to recommend approval of the requested zone change and Conditional Use as recommended by MAPD staff; see attached resolutions. No citizens spoke in opposition at the Goddard Planning Commission meeting. At the MAPC meeting held July 21, 2011, the MAPC voted unanimously (9-0) to recommend approval of the requested zone change and Conditional Use as recommended by MAPD staff. No citizens spoke in opposition at the public hearings, and there have not been any protest petitions filed.
Alternatives: 1. Adopt the findings of the Metropolitan Area Planning Commission, approve the
zone change and the Conditional Use; and authorize the Chairman to sign the
resolutions (requires a simple majority)
2. Return such recommendation to the MAPC with a statement specifying the basis
for the BOCCs failure to approve or disapprove (requires a simple majority vote).
3. Deny the zone change and override the MAPCs recommendation (requires a
two-third majority vote).
Financial Considerations: If the request is approved, there are not any direct financial considerations for the County.
Legal Considerations: Approved as to form and signed by County Counselors Office The City and County are authorized by K.S.A. 12-741, et seq. to adopt a joint zoning code. The City and County have done so, and in that code have provided for the zoning of properties by approval of a zone change and a Conditional Use (Sec. V-C and Sec. V-D of the Unified Zoning Code).
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: High Halo Kennels, c/o Mildred L. Dodd and Rhonda Stanhope (owner/applicant)
Multimedia Presentation: Powerpoint