Title
ZON2017-00036 - ZONE CHANGE FROM SF-20 SINGLE FAMLY TO LC LIMITED COMMERICAL, GENERALLY LOCATED ON THE NORTHWEST CORNER 119TH STREET WEST AND 31ST STREET SOUTH (DISTRICT 3).
Presented by: Dale Miller, Director of Planning.
Recommended Action: Adopt the findings of the Metropolitan Area Planning Commission (MAPC) and approve the zone change; authorize the Chairman to sign the resolution and authorize the resolution to be published.
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Background: The applicant seeks to rezone 5.7 acres from SF-20 Single-Family Residential (SF-20) to LC Limited Commercial (LC). The property is located on the northwest corner of the intersection of West 31st Street South and South 119th Street West. The applicant owns the 25 acres abutting the application area to the north and west. The parcel is located in unincorporated Sedgwick County; however, the City of Wichita city limit is located 80 feet to the east, across South 119th Street West, and 172 feet southeast, across the intersection of South 119th Street West and West 31st Street.
The applicant’s intention is to expand the range of uses permit on the property to make it more attractive for development. The SF-20 district permits large lot residential uses and a limited range of public and civic uses, by-right, such as: “church,” “park,” “school” and “utility, minor.” The LC district permits a much wider range of uses: single-family residential, multi-family residential, office and retail uses, by-right.
By code, requests for LC zoning containing six acres or more under unified ownership require Community Unit Plans (CUP) or an associated Protective Overlay (PO) to accompany the zone change request. The applicant’s agent has indicated agreement to the inclusion of a requirement for a PO that will require the submission of a development plan similar to a CUP prior to the issuance of building permits.
The 25 acres located to the north and west, owned by the applicant, is zoned SF-20, and is used for farming. North of the applicant’s larger ownership, 527 feet north of the application area, are two homes zoned SF-20. Land located to the east, across South 119th Street West is also zoned SF-20, but is located within the City of Wichita, is platted as the Sky West 4th Addition and is undeveloped. Land located to the southeast is also located within the City of Wichita, is zoned IP Industrial Park (IP) subject to a PO and is undeveloped. Property located south, across West 31st Street South is in the County, is zoned SF-20 and is farm land. GC General Commercial zoning is located approximately 3,000 feet north of the application area, and is subject to the development standard of CUP DP-312.
Analysis: The request was heard by the County Commission Advisory Board for District 3 (CAB 3) on October 2, 2017. CAB 3 recommended approval of the request (8-0). The request was heard by the Metropolitan Area Planning Commission (MAPC) on September 21, 2017. The MAPC recommended approval of the request (12-0). No protests were submitted against this request.
There were citizens who spoke in opposition to this proposal at both the CAB and MAPC public hearings. However, the citizens expressed some acceptance of the fact that the applicant would be submitting for a Community Unit Plan and Plat prior to the issuance of a building permit and that at that point there would be an opportunity to refine the uses and other specifics of the site.
Alternatives: Adopt the findings of the MAPC and approve the zone change, authorize the Chairman to sign the resolution and authorize the resolution to be published (requires a simple majority vote); override the recommendation of the MAPC and deny or modify the recommendation of the MAPC (requires four out of five votes); or return the application to the MAPC for additional conditions (three out of five).
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.