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CON2017-00016 - A COUNTY CONDITIONAL USE REQUEST TO ALLOW A GROUP RESIDENCE, LIMITED ON PROPERTY ZONED RR RURAL RESIDENTIAL (“RR”); GENERALLY LOCATED EAST OF NORTH 143RD STREET EAST ON THE NORTH SIDE OF 45TH STREET NORTH (15408 E. 45TH STREET N.) (DISTRICT 1).
Presented by: Dale Miller, Director of the Metropolitan Area Planning Department.
RECOMMENDED ACTION: Approve the Conditional Use, subject to the conditions recommended by the Metropolitan Area Planning Commission (MAPC), adopt the findings of the MAPC and authorize the Chairman to sign the resolution.
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Background: The applicants are requesting a Conditional Use to operate a Group Residence, Limited at 15408 E. 45th Street North. The property is zoned RR Rural Residential (RR) and is improved with six bedroom, three bath home built in 2001. The group home will provide housing and life skills for women who have been selected from other programs serving abused and exploited women. Hope Ranch for women will house six residents plus house parents.
The property is located between East 143rd Street North and East 159th Street North on 45th Street North. The surrounding properties are zoned RR. The land is predominantly used for agriculture and residences on large acre lots.
The UZC permits consideration of Group Residence Limited as a Conditional Use in the RR zoning district. The site is not located within any Urban Area of Influence.
The Unified Zoning Code (“UZC”) defines “Group Residence” as a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a “Family,” on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children's homes, and emergency shelters for the homeless and for victims of crime, abuse or neglect. The term Group Residence does not include Group Homes or Correctional Placement Residences. “Group Residence, Limited” means a “Group Residence” that is occupied by six to 15 persons, including staff members who reside in the facility. The UZC requires one parking space per bedroom.
Analysis: The case was originally scheduled for the May 18, 2017, Metropolitan Area Planning Commission (MAPC). The applicant requested deferral at the meeting until the June 8, 2017 Metropolitan Area Planning Commission to meet with neighbors and their legal representative. MAPC considered the Conditional Use request at its June 8, 2017, meeting with public comment provided. Multiple property owners within the 1,000-feet notification area spoke both for and against the request at the MAPC meeting on June 8, 2017. The application was approved (12-0) with the following conditions:
The number of the group residents be restricted to family members living on the property and no more than six (6) other individuals.
Non-family members living at the residence be limited to women ages 18 and older.
A resident family member or Hope Ranch staff is present on site at any time there is a non-family member resident present on the property.
A site plan indicating on-site parking shall be submitted to the planning department staff for approval.
The applicant shall obtain all applicable inspections, permits and licenses. The site shall be maintained and operated in general conformance with the approved site plan and conditions of approval.
The owner or the manager of the facility shall comply with all regulations and licensing requirements.
Signs at the property shall meet county sign code.
If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void.
Two property owners have filed valid protest petitions that equal 44.65 percent of the total land area within the protest’s radius; therefore, it will take a three-fourths (four of five) majority vote to approve the request.
Alternatives: Approve the Conditional Use, subject to the conditions recommended by the Metropolitan Area Planning Commission (MAPC), adopt the findings of the MAPC and authorize the Chairman to sign the prepared resolution. (Requires a three-fourths majority vote); or
Deny the application, by making alternative findings, and override the MAPC recommendation. (Two-thirds majority vote required.)
Return the case to the MAPC for further consideration with a statement specifying the basis for the BoCC’s failure to approve or deny the application. (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.
Outside Attendees: Greg Ferris (Agent)
Multimedia Presentation: PowerPoint