Title
ZON2013-00007 - ZONE CHANGE FROM SF-20 SINGLE-FAMILY RESIDENTIAL ("SF-20") TO LI LIMITED INDUSTRIAL ("LI"), WITH PO-275 PROTECTIVE OVERLAY ("PO"); GENERALLY LOCATED SOUTH OF 42ND STREET SOUTH, ON THE EAST SIDE OF WEST STREET. (DISTRICT 2).
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 ("LI"), subject to the provisions of PO-275 Protective Overlay ("PO"), authorize the Chairman to sign the resolution and authorize the resolution to be published.
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Background: The applicants are requesting LI Limited Industrial ("LI") zoning on the platted, Single-Family Residential ("SF-20") zoned 2.75-acres located south of 42nd Street South, on the east side of West Street; Lot 1, Block A, Meek First Addition. The site currently has a manufactured home with a detached garage/accessory building and a small shed located on it. The site is located within the south-most end of an extensive area of mostly LI zoned land beginning at Kellogg Avenue/US 54 Highway (north end), east from the Big Ditch, past West Street to Meridian and Pawnee Avenues at its widest point and ending at 47th Street South. A LI zoned property used to store/display portable storage units abuts the south and east sides of the site; ZON2007-00052/Protective Overlay-198 ("PO"). Further south there is a small GC General Commercial ("GC") zoned self-storage development and a MH Manufactured Housing ("MH") zoned manufactured home park. A LI zoned equipment sales and rental business abuts and is adjacent to north side of the site; ZON2012-00034/PO-271. LI zoned manufacturing, office-warehouses, farmland, vacant land, and Sedgwick County's West Side Public Works Yard are located west of the site, across West Street.
Analysis: At the Metropolitan Area Planning Commission (MAPC) meeting held May 1, 2013, the MAPC voted (12-0) to recommend approval of the requested zone change subject to the following provisions of PO-275:
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; kennel, boarding/breeding/training; night club in the city; pawn shop; secondhand store; sexually oriented business in the city or the county; tattooing and body piercing facility (city); tavern and drinking establishment; asphalt or concrete plant, limited and general and grain storage.
2. Screening shall be per Unified Zoning Code; however, any fences or walls shall be constructed of a consistent pattern and color.
3. 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; no required off-street parking space or loading area shall be utilized for storage; and items stored outdoors shall be screened from view from West Street or any residentially zoned property.
4. 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 West Street and any residentially zoned property.
5. All signs shall be limited to signs that would be allowed in the "LC" Limited Commercial zoning district; no off-site, billboard or portable signs shall be permitted except for off-site signs advertising uses located within this tract that shall be allowed to have signage placed on signs fronting West Street.
No one was present at the MAPC to speak against the request. No protests to the request have been received by staff.
Alternatives: Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission, approve the zone change to LI Limited Industrial ("LI"), subject to the provisions of PO-275 Protective Overlay ("PO"), 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