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ZON2014-00019 AND CUP2014-00024 - ZONE CHANGE FROM SF-20 SINGLE-FAMILY RESIDENTIAL TO LC LIMITED COMMERCIAL AND THE CREATION OF THE SOCORA WEST COMMERCIAL COMMUNITY UNIT PLAN DP-335 ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF WEST 21ST STREET NORTH AND NORTH FOREST VIEW STREET. (DISTRICT 3).
Presented by: John L. Schlegel, Director, Metropolitan Area Planning Department.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change to Limited Commercial and the creation of the Socora West Commercial Community Unit Plan DP-335, authorize the Chairman to sign the resolution and authorize the resolution to be published.
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Background: The applicant requests creation of the Socora West Commercial Community Unit Plan (CUP) DP-335 on 7.5 platted acres located at the northeast corner of West 21st Street North and North Forest View Street. In addition to the creation of CUP DP-335 the applicant seeks to rezone the 7.5 acres from SF-20 Single-family Residential (SF-20) to LC Limited Commercial (LC). The proposed CUP is to contain two parcels, a 5.02-acre parcel and a 2.51-acre parcel. Proposed uses are those uses permitted by right in the LC district except for those uses typically excluded within a CUP, such as a: sexually oriented business, nightclub, tavern or drinking establishment; see General Provision 15 for the uses permitted and the complete list of prohibited uses. The property is currently vacant except for a vacant church and associated parking. The property is located in Sedgwick County.
A summary of the additional development standards proposed by the applicant is as follows. Maximum building coverage is to be 30 percent; maximum floor area ratio is 35 percent (Parcel 1.B and C and Parcel 2.B and C). The CUP proposes to allow building height up to 45 feet (Parcel 1.G and Parcel 2.G). Absent the proposed CUP standard, the LC zoning district allows building heights up to 80 feet. Building setbacks vary from 35 feet to 15 feet to zero along the proposed floodway reserve (General Provision 4 and the CUP drawing). Signage is to be per city code or as described on the CUP. L.E.D./digital signs, offsite billboard and portable signs are prohibited (General Provision 6.A-G). Exterior lighting is to be shielded and directed downward. All parcels are to share parking lot lighting fixtures, poles, lamps and bases. Light poles associated with a commercial use are limited to 15 feet in height when the light pole is located within 200 feet of residential zoning; otherwise light poles may be 25 feet tall (General Provisions 7 and 8). The applicant is proposing to provide landscaping (General Provision 10). Screening walls are to be constructed along the west, north and east property lines (General Provision 11). Outdoor work areas and trash receptacles and rooftop equipment are to be reasonably screened from ground view (General Provision 12). All buildings within the CUP will share uniform architectural character (General Provision 13). The applicant is proposing two points of access from Forest View Street and two points of access from West 21st Street North.
Land located to the north, south, and west of the application area is zoned SF-20, is either used for farm land or is platted and developed with single-family residences. Land to the east of the subject site is zoned NO Neighborhood Office (NO) subject to Protective Overlay 178, and is used for farm land. In the larger area surrounding subject site there is urban scale development, such as the medical offices located to the southeast of the application area; a YMCA to the west and farther west a Via Christi Hospital. West 21st Street North is a significant arterial that is scheduled to be widened to four lanes when traffic volume warrants the improvements.
Analysis: At the Metropolitan Area Planning Commission (MAPC) meeting held on November 20, 2014. One speaker representing the property owner located north of application area requested a prohibition on sit-down or fast food restaurants. The applicant agreed to prohibit such uses within 200 feet of the site's north and west property lines. The MAPC voted to recommend approval (8-0) of the requested zone change and creation of the Socora Community Unit Plan (CUP) DP-335, as amended, subject to the development standards associated with the CUP and the following conditions:
A. Approval of the zone change and CUP DP-335 shall not be final until the applicant has recorded a document with the Register of Deeds indicating that this tract (referenced as DP-335) includes special conditions of development on this property.
B. If required, the applicant shall submit four revised final copies of the CUP to the Metropolitan Area Planning Department within 60 days after final approval of this case by the Governing Body, or the request shall be considered denied and closed.
C. General Provision 15 is to be modified to state that "sit-down or fast food restaurants are not permitted within 200 feet of the north or west property lines."
No protests have been received. The request may be approved by a simple majority.
Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change to LC Limited Commercial and the creation of the Socora Community Unit Plan DP-335, 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-third 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 not any additional financial considerations to the County associated with this application.
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 and amend a comprehensive plan, joint zoning code and official zoning map. The City and County have done so, and in that code have provided for the zoning of properties, including overlay districts, planned unit developments, protective overlays, conditional uses and community unit plans.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Russ Ewy/Baughman Company (Agent)
Multimedia Presentation: PowerPoint