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ZON2017-00035 - ZONE CHANGE FROM SF-20 SINGLE FAMILY RESIDENTIAL TO LC LIMITED COMMERCIAL FOR PROPERTY LOCATED ON THE WEST SIDE OF SOUTH BROADWAY APPROXIMATELY 800 FEET NORTH OF EAST 85TH STREET SOUTH (229 EAST NICOLE STREET) (DISTRICT 2).
Presented By: Dale Miller, Director of the 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: This application was filed to rezone the subject property from SF-20 Single Family Residential to LC Limited Commercial. The subject property is located on the west side of South Broadway Avenue approximately 1,700 feet north of East 87th Street South at 229 East Nicole Street. The applicant requests this rezoning to allow for an automobile repair business on site, defined as vehicle repair, limited in the Unified Zoning Code (UZC). This parcel is located in unincorporated Sedgwick County. The applicant for this case is the property owner, who will be renting this location to the operator.
The applicant explains that:
The proposed hours of operation will be 10:00 a.m. to 7:00 p.m. and there will be two employees.
The services on site will only be auto-repair, examples include: brakes, shocks, oil changes, hub bearings, engines, transmissions, radiators, and other minor repairs.
The equipment list will be small: hand tools, engine hoist, jacks, jack stands.
The facility will be a simple two car garage with a bathroom, there is a foundation in place for the bathroom expansion.
Oil and antifreeze will go into a 55 gallon barrel with a lid and will be picked up when full.
The operators of the business have over 30 years of experience in the auto repair business.
The existing character of the nearby neighborhood is residential in nature. South Broadway, to the north and south, does have some uses and zoning of a commercial nature, especially where it intersects with 87th Street South and 79th Street South. There are some existing landscape features (a row of evergreen trees that acts as a type of screening) along the frontage with East Nicole Street, staff is unaware of any additional landscaping or screening that has been proposed at this time. Sec IV-B.2. of the UZC requires screening on the west and south property lines of the subject property where abutting property zoned SF-20 is located. Access to the site will be from East Nicole Street.
The abutting and cross street zoning consists entirely of SF-20 Single Family Residential. The intersection of South Broadway Avenue and East Kirby Street is zoned for Neighborhood Office. Across the street from the intersection of South Broadway Avenue and East 83rd Street South is zoned Rural Residential. Numerous properties located 1,000 feet south of the subject property are zoned LC.
As this is in the Area of Influence of Haysville, staff reached out to the City of Haysville Planning and Zoning Administrator who communicated that the City of Haysville does not object to the proposed zone change.
Analysis: The request was heard by the Metropolitan Area Planning Commission (MAPC) on September 7, 2017. The MAPC recommended approval of the request (9-4). One nearby resident spoke in opposition to this request.
Along the same lines as the resident who spoke at the MAPC meeting, staff has received several calls from nearby property owners that expressed concern over the nature of the use that has been proposed. These concerns were primarily twofold: water quality and impact on adjoining properties. Several of the residents explained that due to the fact that the water supply comes from wells they were concerned about contamination of the water table. Residents indicate a concern that that this use would lead to cars and equipment in the area, as well as general incompatibility with the residential nature of the surrounding area.
Formal protest petitions were filed against this case. The total valid protest percentage of the surrounding area is 4.76%. Though this does not require a super majority to approve the request, it does move the case off of the consent agenda for discussion.
Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change (requires a simple majority vote.)
2. Deny the zoning change request 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.
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.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.