Title
CON2013-04 CONDITIONAL USE TO PERMIT A CHURCH OR PLACE OF WORSHIP AND A CEMETERY ON PROPERTY ZONED RR RURAL RESIDENTIAL (“RR”) LOCATED 3/8THS MILE NORTH OF EAST 93RD STREET NORTH, EAST OF NORTH 47TH STREET EAST (OLIVER) (DISTRICT 4).
Presented by: John L. Schlegel, Planning Director.
RECOMMENDED ACTION: Approve the Conditional Use subject to platting within one year and the recommended conditions of approval; adopt the findings of the Metropolitan Area Planning Commission; direct staff to prepare an appropriate resolution after the plat has been approved and authorize the Chairman to sign the resolution.
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Background: The application area is located 2,100 feet north of East 93rd Street North, on the east side of North 47th Street East (Oliver), and contains 39.4 unplatted RR Rural Residential (‘RR”) zoned acres. The property has approximately 1,330 feet of frontage along North 47th Street East. Currently, the application area does not have frontage on any other roads except North 47th Street East. The application area is to be divided into four nearly equal tracts (nine plus acres in size). See the attached site plan for the proposed layout and development of the property. (The attached site plan has been revised to meet Metropolitan Area Planning Commission (“MAPC”) conditions of approval when compared to the site plan presented to MAPC.) The northwestern tract has an existing structure located in the northwest corner of the tract that is planned to be used as a temporary church. A parking lot (with 30 spaces shown) is proposed to be located just south of the temporary church building. South of the parking lot a second structure (approximately 7,200 square feet shown) is proposed to be built that is to become the permanent church. A cemetery (approximately 45,000 square feet shown) is proposed to be located east and southeast of the existing and proposed structures; fifty feet from the southern and eastern lot lines, 300 feet from the northern property line and 426 feet from the western property line. Evergreen landscaping is proposed to be located along the northern and western perimeter of the proposed cemetery. The other three remaining tracts, located to the east, southeast and south of the tract with the proposed church and cemetery are proposed to be future residential sites. Three access points to North 47th Street East are shown on the site plan: one at the southern end of the site; one in the approximate middle of the site and one to the existing building located on the northern end of the site. At the middle access point, a thirty-foot wide access easement is depicted on the site plan. The access easement will provide access to the two proposed tracts located in the eastern-half of the subject property.
In the RR zoning district the minimum building setbacks are as follows: front 30 feet; interior side 20 feet and rear 25 feet. With respect to the front building setback, the applicant is advised that Unified Zoning Code Section III-E.1(3), titled as “Setbacks from major roadways,” requires structures to be located 85 feet from the centerline of a “section line road.” A plat of the property (SUB2013-00014, the Jubilee Presbyterian Church Addition) has been submitted and was approved on April 4, 2013, by the MAPC. The plat’s lots reflect the layout shown on the site plan and include the 100-foot wide drainage reserve running from north to south in the easternmost two lots.
All property surrounding the application area is zoned RR. All of the surrounding properties are used for large lot residential or agricultural purposes. The overall character of the area surrounding the application area is overwhelmingly rural. The City of Kechi city limits are currently located one mile west of the application area.
Among the concerns created by a request for a Conditional Use to permit a church and/or a cemetery in a rural area is the long-term viability of the church and the church’s ability to provide for the long term maintenance of a cemetery. Financing by traditional lending institutions can sometimes be problematic for small congregations. If the church fails, the long-term maintenance responsibility of a cemetery can potentially then fall upon a governmental entity if no other private entity can be found to accept management and maintenance responsibilities. Following the MAPC meeting, the applicant submitted a private covenant tying maintenance responsibility of the cemetery to the owner of Lot 1, the lot on which the church is to be built. (The proposed covenant is attached.) Other potential issues that have to be accounted for are building and fire code requirements for buildings used for public assembly, such as if the building will need to be sprinkled, and if so, can the rural water district provide the necessary volume of water at the needed pressure to operate the fire suppression system, or if an on-site pressurized water storage system will be required. On-site sanitary sewer disposal requirements for public assembly will also need to be addressed. Zoning, sanitation and building code requirements will be addressed either at the time of Conditional Use consideration, and if approved, at the time of platting or building permit review.
Analysis: The Metropolitan Area Planning Commission (MAPC) reviewed the case on April 4, 2013. Two people spoke in opposition with the proposed cemetery drawing most of the comments. The speakers expressed the opinion that a cemetery is a permanent land use when compared to other types of land uses, and they did not want to view the cemetery from their homes. The opinion was also expressed that this was a rural area, and a church, a cemetery and associated parking did not fit in with the residential character of the area. A concern was also expressed that the proposed uses might impact the neighbors’ property taxes. In response to the comments made during the public comment section of the hearing, the applicant offered to: record a covenant that assigns perpetual maintenance of the cemetery to the owner of Lot 1 of the Jubilee Presbyterian Church Addition (E below); install landscaping to screen the cemetery from neighboring properties and the landscape plan is subject to review and approval by the Director of Planning (F below); and the location and maximum size of the cemetery are to be established on the site plan (G below).
The action of the MAPC was to APPROVE the request, subject to staff’s recommendations and the development standards offered by the applicant, as listed below:
A. In addition to the uses permitted by right with the property’s base zoning, a church or place of worship, a cemetery and accessory uses commonly associated with such uses, such as parking or sheds for moving equipment or church vehicles, are permitted by the Conditional Use. The site shall be developed, maintained and operated in substantial compliance with the approved site plan, and in compliance with all other applicable local, state and federal codes, regulations or permitting requirements.
B. All burial plots shall be located outside of building setbacks, easements or rights-of-way.
C. The property shall be platted within one year of final approval.
D. Signage shall be per the County Sign Code.
E. The Conditional Use shall not be effective until a covenant that assigns perpetual maintenance of the cemetery to the owner of Lot 1 of the Jubilee Presbyterian Church Addition has been recorded.
F. Landscaping shall be installed to screen the cemetery. A landscape plan detailing the required screening shall be submitted to the Director of Planning for review and approval.
G. The location of the cemetery shall be identified on the site plan with distances from property lines and the dimensions of the cemetery shall be shown.
H. If the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Director of the Metropolitan Area Building and Construction Department, declare the Conditional Use null and void.
One letter constituting an official protest (C. Sue Stevens) and one unsigned e-mail (Joyce McDaniel) that does not count as an official protest were received. The protest equals 7.02 percent, which does not trigger the supermajority vote requirement. The request may be approved as recommended by the MAPC by a simple majority vote.
Alternatives:
1. Adopt the findings of the Metropolitan Area Planning Commission, approve the Conditional Use, subject to platting within one year and the MAPC recommended conditions of approval; authorize the Chairman to sign the resolution once the plat is recorded and authorize the resolution to be published (requires a simple majority vote).
2. Deny the Conditional Use and override the MAPC’s recommendation (requires a two-thirds 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 development districts, 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, agent.
Multimedia Presentation: Powerpoint.