Title
ZON2017-00037 - ZONE CHANGE FROM SF-20 SINGLE FAMILY RESIDENTIAL TO TF-3 TWO-FAMILY RESIDENTIAL ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF WEST 47TH STREET SOUTH AND APPROXIMATELY 500 FEET WEST OF SOUTH MERIDIAN AVENUE (DISTRICT 2).
Presented by: Dale Miller, Director of Planning.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission 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 is requesting a zone change from SF-20 Single-Family Residential (SF-20) to TF-3 Two-Family Residential (TF-3) zoning on approximately 38 unplatted acres located on the south side of West 47th Street South, approximately 500 feet west of South Meridian Avenue. The applicant proposes to build a mix of single family residential residences and duplexes subject to final platting.
Property located north (across West 47th Street South) of the subject site is located in the unincorporated area of Sedgwick County, is zoned SF-20 and is developed with large-lot single family residences. Property located east and south of the subject site is zoned MH Manufactured Housing (MH), and is platted as Southborough Estates or Hidden Creek Addition. The portion of Southborough Estates located east of the application area is developed with a manufactured home park or subdivision; the remaining portion is undeveloped. Land located to the south - Hidden Creek Addition - is undeveloped. Property located west of the site is zoned SF-5 Single-Family Residential (SF-5), and is developed with single family residences (Stonebriar Addition) on lots sizes of approximately 0.18 acre to 0.38 acre.
A platted 72-foot wide drainage dedication is located between most of the application area and the single family residences located to the west (Stonebriar Addition). A 62-foot wide drainage dedication crosses the southwest corner of the application area dividing the application area from the undeveloped land located to the south (Hidden Creek Addition).
The action of the Metropolitan Area Planning Commission (MAPC) on September 21, 2017, was to approve TF-3 zoning for only the eastern 330 feet of the application area, measured from the southeast corner of the application area. When the site is annexed into the City of Wichita, the western 330 feet of the application area will be automatically re-zoned to SF-5.
Multiple persons spoke against the re-zoning at the MAPC hearing. The main issues identified were: additional traffic on West 47th Street South, drainage, rental properties devalue owner-occupied residences and rental properties lead to increased crime. Sixty-six protests were received, which creates a 14.27 percent protest. A protest of less than 20 percent allows the request to be approved as recommended by the MAPC with a three of five vote.
Alternatives: Adopt the findings of the MAPC and approve the zone change for the eastern 330 feet, measured from the southeast corner of the application area; authorize the chairman to sign the resolution, and authorize the resolution to be published (requires a three of five vote); override the recommendation of the MAPC and deny the request by making separate findings (requires a four of five vote) or return the application to the MAPC for re-consideration (three of five vote).
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 in the “Alternatives” section above.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes
Outside Attendees: Kirk Miller, Agent for Superior Homes LLC
Multimedia Presentation: PowerPoint