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ZON2012-00032 and CON2012-00049 - SEDGWICK COUNTY ZONE CHANGE FROM SF-20 SINGLE-FAMILY RESIDENTIAL TO LI LIMITED INDUSTRIAL WITH A CONDITIONAL USE FOR MINING AND QUARRYING (SOIL EXTRACTION) GENERALLY LOCATED ON THE NORTHEAST CORNER OF 31ST STREET SOUTH AND 119TH STREET WEST. (DISTRICT 2)
Presented by: John Schlegel, Planning Director.
RECOMMENDED ACTION: Approve the zone change to LI, subject to platting within one year and the conditions of CON2012-00049; adopt the findings of the Metropolitan Area Planning Commission; direct staff to prepare an appropriate resolution after the plat has been approved and authorize the Chairman to sign the resolution.
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Background: The applicant is requesting LI Limited Industrial ("LI") zoning with a Conditional Use for soil extraction ('mining and quarrying') on the SF-20 Single-Family Residential ("SF-20") zoned unplatted 78-acre tract located on the northeast corner of 119th Street West and 31st Street South. The site currently has a single-family residence located on it surrounded by agricultural fields. The LI zoning district does not permit any residential uses. Approval of the request would make the existing single-family residence a non-conforming use.
The applicant owns another two tracts totaling 216-acres located south (across 31st Street South) and east of the subject site. These properties were approved for IP Industrial Park ("IP") zoning (from SF-20), with a Protective Overlay (PO), contingent on platting; ZON2010-00039, with the unrecorded plats SUB2011-00011 and SUB2011-00012. The applicant also owns the (+/-) 130-acres IP zoned Sky West Addition, located southeast of the site; ZON2005-00018/PO #176 and ZON2006-00043/PO #183. All of these 346-acres appear to be agricultural fields. Per the Unified Zoning Code ("UZC"), the LI zoning district permits consideration of a Conditional Use for soil extraction, which the IP zoning district does not, thus the request for the LI zoning, instead of the IP zoning the applicant has on his other properties. The site is located within the "Hazards Wildlife Attractants Overlay Map." The requested soil extraction can only produce a dry detention system and met the requirements of FAA AC 150/5200-33B Hazardous Wildlife Attractants on or near Airports.
The purpose of the applicant's zoning activity in this area is to be able to offer a large-scale shovel-ready industrial park site in reasonable proximity (1-1/2-mile) to the City's major air transportation hub, Mid-Continent Airport and K-42 state highway.
Part of the area, including the site, is located in the County, is zoned SF-20 and is used for agriculture, although the area also has scattered single-family residences and a suburban scaled single-family residential subdivision; Redmond Estates Addition. However, the area also has a large grouping of LI and IP zoned lands located southwest of Mid-Continent with close access to K-42. Over half of these industrial lands are not developed, and continue to be used for agricultural. The city limits of Wichita are located immediately east and south of the site. The properties located within the city contain industrial zoned lands and some SF-5 Single-Family Residential ("SF-5") zoned single-family residential subdivisions.
Analysis: The Metropolitan Area Planning Commission (MAPC) heard the case on December 20, 2012, and voted unanimously (10-0) to approve the request for LI zoning subject to platting within one year and the following Conditional Use conditions:
1. A building setback of 100 feet shall be provided where the site is abutting or adjacent to residential zoning.
2. Uses shall be restricted to all uses permitted by right in the IP zoning district, plus soil extraction.
3. Development of the site shall be in accordance of an approved site plan.
4. All development standards of Sec.III.D.6.gg (UZC) are applicable to the soil extraction, including the requirements of FAA AC 150/5200-33B Hazardous Wildlife Attractants on or near Airports.
5. The operation schedule for soil extraction shall be Monday - Friday, dawn to dusk, for 5 years. The 5-year period for soil extraction shall begin at the time the final plat is recorded with the Sedgwick County Register of Deeds. If the soil extraction is not finished at the end of the first 5-year permit for soil extraction, another period of less than 5 years shall begin.
6. Access for the soil extraction shall be limited to the south 650 feet of the site's 119th Street frontage.
7. Preferred access shall be provided by local street/roads intersecting with the arterial streets, with points of access not being located directly across from residential streets and driveways, and with provision of left-turn and right-turn lanes at each point of intersection with the major street network, and with final determination at time of platting and paving.
8. 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.
There was no one present at the MAPC hearing to speak against the case; however staff did receive a phone call and letter protesting the case. There has been a valid protest petition filed with the County Clerk that equal a 34.57 percent protest, which triggers a three-fourths majority vote of the County Commission to approve the request.
Alternatives: Alternatives:
1. Approve the zone change to LI, subject to platting within one year and the conditions of Conditional Use CON2012-00049 with a three-fourths majority vote to override the protest; adopt the findings of the Metropolitan Area Planning Commission (MAPC); direct staff to prepare an appropriate resolution after the plat has been approved and authorize the Chairman to sign the resolution, or
2. Return such recommendation to the MAPC with a statement specifying the basis for the County Commission's failure to approve or disapprove, or
3. Deny the zone change and override the MAPC's recommendation with a two-thirds majority vote.
Financial Considerations: Not Applicable
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 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 (Sec. V-C of the Unified Zoning Code).
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Baughman Company, PA, c/o Russ Ewy (agent), 315 Ellis, Wichita, KS 67211
Multimedia Presentation: Powerpoint