Title
ZON2013-00040 - ZONE CHANGE FROM SF-20 SINGLE-FAMILY RESIDENTIAL TO LI LIMITED INDUSTRIAL, WITH PROTECTIVE OVERLAY PO-286; GENERALLY LOCATED NORTH OF 37TH STREET NORTH, ON THE SOUTHEAST CORNER OF KANSAS HIGHWAY K-96 AND HOOVER ROAD. (DISTRICT 4).
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change to LI Limited Industrial, subject to platting and the provisions of Protective Overlay PO-286, authorize the Chairman to sign the resolution and authorize the resolution to be published upon the recording of the plat.
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Background: The applicant is requesting LI Limited Industrial zoning on the 75.43-acre, SF-20 Single-Family Residential zoned tract located on the southeast corner of
K-96 and Hoover Road. The subject site has been used as an agricultural field.
The proximity of this portion of the County to the Arkansas River (less than a mile east of the site) has resulted in multiple sand extraction operations (current and spent), resulting in sand pit lakes being located throughout the area. Development and zoning in this area where the City and County abut is a mix of residential, agricultural and industrial uses located in close proximity to each other. A LI-zoned construction and demolition waste landfill, an asphalt/concrete batch plant, a waste transfer station, sand extraction and sand pit lakes are located east of the subject site. SF-20 and SF-5 Single-Family Residential zoned single-family residential development, agricultural fields, sand pit lakes, sand extraction and the private Riverside Airport are located south, west (across Hoover Road) and north (across K-96) of the subject site. The City owned SF-5 zoned solid waste land fill is also located northeast of the site across K-96 highway. Small, undeveloped LC Limited Commercial zoned land is located around the intersections of the area's arterial roads.
The applicant has not provided a specific use for the site if the LI zoning is approved. However, the 35.88-acre property abutting the east side of the site is zoned LI and has a Conditional Use to allow for the future expansion of an existing construction and demolition waste landfill; ZON2007-00001 and CON2007-00002. The existing construction and demolition waste landfill is the 35.98-acre Cornejo construction and demolition waste landfill; ZON2001-00068/CON2001-00063. An LI zoned solid waste transfer station is also abutting the existing construction and demolition waste landfill. There is another 460-acre site located directly north of the site (across K-96) that was approved for a Conditional Use allowing sand extraction; CON2004-00045. Post sand extraction development of CON2004-00045 includes open space, playgrounds and outdoor recreation developed around four lakes. CON2004-00045 also mentions a waste water plant as a possible post sand extraction development, with an amendment to the Conditional Use.
Analysis: At the Metropolitan Area Planning Commission (MAPC) meeting held January 23, 2013, the MAPC voted (12-0) to recommend approval of the requested zone change subject to platting within a year of approval by the governing body and the following provisions of PO-286:
1. All uses permitted by right in the "LI" zoning district except the following uses: correctional facility; correctional placement residence, limited and general; day reporting center; night club in the city/county; sexually oriented business in the city or the county; tavern and drinking establishment; a night club, asphalt or concrete plant, limited and general; and grain storage, recycling processing center, landfill, transfer station, sand extraction.
2. Screening shall be per Unified Zoning Code; however, any fences or walls shall be constructed of a consistent pattern and color.
3. A 35-foot setback will run along the perimeter of the site
4. Storage of merchandise shall be allowed outside an enclosed building only in compliance with the general screening standards of the Unified Zoning Code and the following additional standards: no outdoor storage or work areas shall be permitted in any building setback; and; no required off-street parking space or loading area shall be utilized for storage; and; items stored outdoors shall be screened from view from K-96 and Hoover Road and within a distance of 200 feet from any residential uses or residential zoning adjacent to the south line of the property.
5. Roof-mounted equipment and loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, outdoor storage including portable storage containers, outdoor work areas or similar uses shall be screened from ground level view along K-96, Hoover Road and within a distance of 200 feet from any residential uses or residential zoning adjacent to the south line of the property.
6. All signs shall be limited to signs that would be allowed in the "LC" Limited Commercial zoning district.
No one was present at the MAPC to speak against the request. No protests to the request have been received by staff.
Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change to LI Limited Industrial, subject to platting within a year of approval by the governing body and the provisions of Protective Overlay PO-286, authorize the Chairman to sign the resolution and authorize the resolution to be published upon the recording of the plat (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: N/A
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