Title
A COUNTY ZONING CASE TO REZONE PROPERTY FROM RR RURAL RESIDENTIAL TO SF-20 SINGLE-FAMILY RESIDENTIAL LOCATED ON THE WEST SIDE OF SOUTH 151ST STREET WEST AND APPROXIMATELY ONE QUARTER MILE NORTH OF WEST MACARTHUR ROAD (151ST STREET WEST) ZON2018-00052.
Presented by: Dale Miller, Director, MAPD.
RECOMMENDED ACTION: Approve the rezoning as recommended by the Metropolitan Area Planning Commission (MAPC), adopt the findings of the MAPC and authorize the Chairman to sign the prepared resolution.
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Background: The applicant requests the rezoning of the 78.76-acre tract on the west side of South 151st West approximately 1/4 mile north of MacArthur Road from RR Rural Residential (RR) to SF-20 Single-Family Residential (SF-20). The subject property is unplatted and no specific proposed plat has been presented. The agent indicates the owner intends to develop the property in a fashion similar to what was done with Redmond Estates, which is located on the west side of 119th West approximately 1/4 mile south of 31st Street South. Redmond Estates was recorded with the Register of Deeds on April 8, 2004, and covers approximately 78.12 acres. Redmond Estates contains 53 platted lots with a minimum lot size of 1.02 acres.
The subject property is presently used for agricultural purposes and is in crop production. The subject property is located within the territory of Sedgwick County Rural Water District #4. Officials with Rural Water District #4 indicate the applicant has begun the process to have water service extended to the subject property from the existing water line along MacArthur Road. There are no public sewers within this area, so on-site wastewater systems will be required. The specifics of these amenities will be addressed in detail at the time a plat is submitted for approval. The Sedgwick County Onsite Wastewater Code will require at least 1-acre lot sizes and the on-site wastewater systems will be required to be the enhanced/alternative systems only. Further, the Sedgwick County policies for rural development will require the improvement of 151st West north from MacArthur Road at the time of platting.
The surrounding neighborhood is a mostly rural and agricultural. There are some residential uses to the south and east; however most of the property in the area is used agriculturally.
Analysis: The request was heard by the Metropolitan Area Planning Commission (MAPC) on February 21, 2019. MAPC recommended approval of the request by a 12-0 vote as recommended by staff.
The Citizens Advisory Board for District # 3 (CAB) heard this case on February 4, 2019. The CAB recommended approval of the change in zoning by a vote of 9 to 1.
Some area landowners and neighbors spoke at the public hearing and at the CAB meeting, concerned that the drainage would be negatively impacted by the conversion of this farm land into residential property, and that the roads would not accommodate the increase in traffic. One protest petition was filed, which represents 23.17 percent of the notification area making this a validly protested request; therefore, the case will require a three-fourths majority, or 4 of the 5 Commissioners, in order for the request to be approved.
Alternatives:
1. Approve the rezoning as 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 4 of the 5 County Commissioners); or
2. Deny the application, by making alternative findings, and override the MAPC recommendation. (Requires a two-thirds majority, or 4 of the 5 County Commissioners); or
3. 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 or 3 of the 5 County Commissioners).
Financial Considerations: There are no additional financial considerations to the County associated with this application.
Legal Considerations: Authority for this action is pursuant to K.S.A. 12-741, et seq. The potential actions and vote requirements are included within the “Alternatives” portion of this agenda item.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.