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PLANNING
COMMISSION REPORT Regular Agenda
– Public Hearing Item |
PC Staff
Report
10/24/07
ITEM NO. 16D: A & B-2 TO IL-FP; 26.22 ACRES; E 1500 ROAD &
Z-06-11-07: A request to rezone a tract of land approximately 26.22 acres, from A
(Agricultural) & B-2 (General Business) Districts to IL-FP (Limited
Industrial-Floodplain Overlay) District. The property is located at the intersection
of E 1500 Road and
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STAFF
RECOMMENDATION: Staff recommends approval of rezoning approximately 26.22 acres from
A and B-2 District to IL-FP District and forwarding a recommendation of
approval to the City Commission, based on the findings of fact outlined in
the staff report. |
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Applicant’s Reason for
Request: |
“The
request will bring the subject property into compliance with Section
20-1201(c) of the City of |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020 ·
The request is generally in conformance with the
goals and policies of Horizon 2020,
specifically those related to incorporating floodplain areas into development
projects as open space. ·
The associated Preliminary Plat notes that Tract
A, Block Two, the largest tract proposed for rezoning to the IL-FP District,
is to remain as open space. |
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ASSOCIATED CASES/OTHER ACTION
REQUIRED Annexation
Platting ·
PP-06-07-07: Preliminary Plat for Airport
Business Park No. 1; located at E 1500 and ·
Acceptance of dedication of rights-of-way and
easements (as shown on Preliminary Plat) by City Commission is required. ·
Submittal and administrative approval of final
plat is required. ·
Approval of Public Improvement Plans by the City
Public Works Department and Utilities Department is required prior to
recordation of the final plat. ·
Written certification from the City Engineer
that all required public improvements have been completed or submittal of a
means of ensuring completion of required public improvements listed in
Section 20-811(h)(2) of Article 8 of the Land Development Code is required
prior to recordation of the final plat. Rezonings ·
Z-06-09-07: ·
Z-06-10-07: ·
Approval of rezonings by City Commission and
ordinance publication is required. Site
Planning ·
Submittal and administrative approval of site
plans prior to obtaining building permits. ·
Filing of Notice of Proposed Construction or
Alteration with the Federal Aviation Administration for each proposed
structure in accordance with Federal Regulation Title 14 Part 77 is required
prior to obtaining building permits. ·
Submittal and administrative approval of
floodplain development permits for any development on lots encumbered by the
Floodplain Overlay District prior to obtaining building permits. |
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PUBLIC
COMMENT RECEIVED PRIOR TO PRINTING ·
A meeting was held with City staff, the Grant
Township Board of Trustees, and the public at ·
Several citizens called regarding the project,
requesting information and expressing concern about the impact of the
proposed development on the rural area. ·
Letters and e-mails from Nancy Thellman, Chet
Fitch, Anne Burgess, Jerry Jost, Gwen Klingenberg, Joy Lominska, Sally McGee, Jes Santaularia, and Grant Eichhorn have
been included in the staff report packet. ·
A meeting was held with City staff, the Grant
Township Board of Trustees, the public, and the applicant’s development team
at |
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GENERAL
INFORMATION |
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Current Zoning and Land Use: |
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Surrounding
Zoning and Land Use: |
County B-1 (Neighborhood Business), B-2
(General Business) and A (Agricultural) Districts and Interstate 70 to the
south; hotel, photography studio, and agricultural, rural residential and
interstate uses. County B-1 (Neighborhood Business) County
B-2 (General Business), A (Agricultural), and City GPI (General Public and
Institutional Use) Districts to the east; hotel, photography studio,
agricultural and rural residential uses, and County I-2 (Light Industrial), City OS
(Open Space), County B-2 (General Business), County A (Agricultural), City
RS10 (Single-Dwelling Residential), and City IG (General Industrial) to the
west; industrial, civic, commercial, open space, office, and interstate uses. |
I. CONFORMANCE
WITH THE COMPREHENSIVE PLAN
Applicant’s
Response - “Policy 1.3.2(e) under Goal 1 “Establish Urban Growth Areas” seeks to
protect, conserve, and incorporate environmentally sensitive areas within the
design context of a proposed development.” The property lies within the Urban
Growth Boundary and is consistent with the goals and policies of H2020.”
Staff Finding - The subject rezoning request is specific to rezoning FEMA-designated
floodplain areas and additional areas to the Floodplain Overlay District.
Properties within the Floodplain Overlay District are subject to the Floodplain
Management Regulations, including the submittal of a floodplain development
permit application for proposed development within the overlay district and a limitation
of a maximum of 60% impervious surface coverage per lot.
As the associated Preliminary Plat notes that the largest tract of IL-FP
zoned property, Tract I, is to remain as open space, the project is in
conformance with Horizon 2020.
Several chapters of Horizon 2020
include recommendations regarding integration of floodplains and
environmentally sensitive lands as elements of development projects. Specific
policies and guidelines pertaining to the preservation of floodplain areas are
as follows:
CHAPTER FOUR,
GROWTH MANAGEMENT
GOAL 1: Establish Urban Growth Areas
Policy 1.3.2: Non-residential Land Uses
“Environmentally
sensitive areas within the Urban Growth Area (UGA) should be protected,
conserved and incorporated within the design context of a proposed
development.” (Page 4-8)
CHAPTER SIX,
GOAL 2: Compatible Transition from Commercial Development to Less
Intensive Uses
Policy 2.1.C.3: “Encourage the
integration of… environmentally sensitive areas whenever feasible to buffer
commercial developments from other more or less intensive land uses.” (Page
6-27)
CHAPTER SEVEN,
INDUSTRIAL AND
GOAL 2: Compatible Transition from Industrial/Employment-Related
Development to Less Intensive Uses
Policy 2.1.C.3: “Retain…natural and
environmentally sensitive areas to naturally separate industrial development
from residential land uses.” (Page 7-9)
GOAL 3: Criteria
for Location of Industrial or Employment-Related Development
Policy 3.1.e: “Retain…environmentally sensitive areas to
act as natural buffers between developments and as site amenities within
developments.” (Page 7-11)
CHAPTER NINE, PARK, RECREATION, OPEN SPACE AREAS
AND FACILITIES
GOAL 3: Expand
the Existing Parks, Recreation, and Open Space System
Policy 3.e: “Encourage open space uses in the community’s
privately or publicly owned floodplains and drainageways…” (Page 9-16)
GOAL 5: Park,
Recreation, and Open Space Areas and Facilities as Transitions
Policy 5.2: “Encourage and incorporate open space areas,
especially natural areas, into development to serve as buffers and/or
transitions between incompatible land uses.”
The rezoning
request generally conforms with the goals and policies Horizon 2020.
II. ZONING AND USE OF NEARBY PROPERTY,
INCLUDING ANY OVERLAY ZONING
Staff Finding - The property is surrounded by a variety of
zoning districts, including the following: A (Agricultural), B-1 (Neighborhood
Business), B-2 (General Business), I-2 (Light Industrial), OS (Open Space), GPI
(General Public and Institutional), and IG (General Industrial). Surrounding
land uses also vary, including the following:
III. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response - “At the threshold
of the northern gateway to the City
between
Staff Finding - The property to be
rezoned to the Floodplain Overlay District is located in the northwest,
southwest and southeast corners of the property included in the annexation and
preliminary plat requests. The character of the neighborhood is varied, with
the
Unincorporated
properties that include agricultural and residential uses are located south of
Interstate 70. These properties are zoned I-1 (Limited Industrial) District,
I-2 (Light Industrial) District, A-1 (Suburban Home Residential) District.
IV. PLANS FOR THE AREA OR NEIGHBORHOOD, AS
REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS, INCLUDING THE PROPERTY OR
ADJOINING PROPERTY
A portion of the
subject property is located within the proposed North of North Street Area Plan. At this time, the plan is not
adopted and does not contemplate properties to the north of US 24/40.
Staff Finding – Section 20-1303(l) of the Development Code states that a plan shall be
prepared and adopted prior to review of a petition for map amendment when one
of three criteria have been met. Depending on the size or type of request, a
watershed/sub-basin plan, sector plan, neighborhood plan, special area plan, or
specific issue/district plan may need to be drafted. The three criteria, with
an analysis of the rezoning request relative to each criterion are as follows:
1. “No water or sanitary sewer mains exist or are
planned to serve the proposed site.”
While provision of municipal water and sanitary sewer service are proposed
with the subject project, municipal water and sanitary sewer mains do not
currently exist for the site.
The applicant’s plans for the provision of municipal water is a request
for the City to extend approximately 5,000 feet of 12-inch ductile iron pipe
along 7th Street to connect to the existing water line along Highway
24/40.
The applicant’s plan for the provision of sanitary sewer is a request for
the City to extend a double 6” forcemain approximately 4,900 feet from the
proposed temporary pump station shown on the preliminary plat to the existing
discharge manhole located at
The proposed preliminary plat general notes 16. Provision of Financing
of Roads, Sewer, Water and Other Public Services, submitted by the
applicant is as follows:
a.) The subdivision will have public streets and roads as indicated by
proposed and existing right-of-way. Some private driveways and/or aprons will
be shared throughout the proposed development (at the discretion of the
owner[s]).
b).A water main extension along E. 1500 Road (
c).Sanitary sewer service, via a force main system, from the proposed
Phase A sanitary pump station to an existing manhole at 7th and
d).Purchasers of lots in the subdivision may or may not be subject to
special assessments or other costs or fees to pay for streets, roads,
waterlines and/or wastewater lines. Public financing and/or public/private
financing mechanisms or methods will be subject to City of
e).Provision of proposed or improved streets, water and/or wastewater
service will be per the discretion of the property owner(s) [in the instance of
private financing] and per the cit [in the instance of public financing].
f).The general nature of public improvements proposed for the subdivision
consists of existing roadway upgrades, proposed streets, sanitary sewers and
waterlines to be provided by a combination of funding methods possibly
including, but not limited to, benefit district financing, actual construction
and/or performance bonding. Timing of the installation of such improvements
will be per the discretion of the property owners(s) [in the instance of
private financing] and per the City [in the instance of public financing].
The proposed infrastructure improvements and methods of financing will be
further discussed with the staff report for the preliminary plat.
2. “The request is not consistent with adopted
plans.”
An analysis of the request’s conformance with the Comprehensive Plan is
included in an earlier section (“Conformance with the Comprehensive Plan”) of
the staff report. The rezoning request does not conform with the
The subject property is located in an area which is not served by an area
or neighborhood plan. A North of
North Street Area Plan was drafted several years ago and was put on hold in
2000 in anticipation of completion of the North Lawrence Watershed Drainage
Study. As the drainage study has been completed, an update of the previous
draft of the North of North Street Area
Plan is scheduled to proceed in the near future as resources allow. The North of North Street Area Plan recommends
industrial uses between I-70 and US 24/40. It is important to note that, in
conformance with the recommendations of Horizon
2020, the North of North Street Area
Plan includes a
1.
“In-fill
development is proposed and, at the discretion of the Planning Commission,
additional information is needed specific to unanswered questions or concerns
related to transportation, compatibility or land use(s), or adequacy of
transitions between established and proposed land uses.”
The development project associated with the rezoning request is not
considered to be infill development, as the property is being annexed into the
City of
Conclusion: The plan is consistent with the most recently adopted plans, the North
Lawrence Drainage Study, and recently approved Industrial Chapter. While staff
does not believe the code requires additional levels of planning (sector plan),
staff does support pursuing the North of North Street Area Plan as resources
allow.
V. SUITABILITY OF THE SUBJECT PROPERTY FOR
THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
The subject property is currently zoned A (Agricultural) and B-2 (General
Business) District. The applicant proposes to rezone the property to the
IL-FP (Limited Industrial-Floodplain Overlay) District. The Floodplain
Management Regulations are intended to “… promote the public health, safety,
and general welfare; to minimize those losses described in Sec. 20-1201(a)(2);
to establish or maintain the community’s eligibility for participation in the
National Flood Insurance Program (NFIP)…and to meet the requirements of 44 CFR
60.3(d) and K.A.R. 5-44-4 by…” (Section
20-1201 of the Development Code).
Applicant’s Response – “Although current land uses
correspond to the existing zoning, when viewed in the context of the
Comprehensive Plan and Development Code, the proposed overlay zoning will be
mandatory for this area.”
Staff Finding - The applicant proposes to rezone the subject property to the IL-FP District to comply with the requirements of the Development Code. Article 12, Floodplain Management Regulations, of the Development Code, states that property annexed into the City limits after March 1, 2003, which includes Zone AE as identified on the Federal Insurance Rate Maps, and all adjacent areas inundated by a flood having an elevation of the base flood elevation plus an additional two feet of freeboard, shall be identified as the Floodplain Overlay District. If an approved hydrologic and hydraulic study has been completed, the boundary information provided in that study is utilized to amend the Floodplain Overlay District boundaries. The North Lawrence Drainage Study serves the hydrologic and hydraulic study for the subject property.
As the subject property is currently zoned A (Agricultural) and B-2 (General Business) District, the floodplain overlay district designation is more appropriate for this floodplain area.
VI.
LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED
VACANT AS ZONED
Applicant’s Response -“The property has generally existed in its
current state since the mid-1900s.”
Staff Finding - The subject property
includes agricultural, commercial, and open space uses, and has been zoned A
(Agricultural) District and B-2 (General Business) District since 1966.
VII.
THE EXTENT TO WHICH APPROVING THE REZONING WILL
DETRIMENTALLY AFFECT NEARBY PROPERTIES
Applicant’s
Response - “No
detrimental effect will occur with the approval of this rezoning.”
Staff Finding - Rural residential properties are located in each
direction of the subject area. The
Rezoning the property to the IL-FP (Limited
Industrial-Floodplain Overlay) District subjects the property to the Floodplain
Management Regulations of the Development Code. The Floodplain Management
Regulations include the following purposes “…restrict
or prohibit uses that are dangerous to health, safety, or property in times of flooding
or cause undue increases in flood heights or velocities…allow development in
the floodplain only when the development will not increase the base flood
elevation or flood velocities” (page 12-3).. Rezoning the property to the
IL-FP District should not detrimentally affect nearby properties, as this
district includes additional standards and regulations for development with the
district boundaries. It is important to note that Tract A, Block Two, the area
which includes nearly all the IL-FP property, is shown as open space on the
associated Preliminary Plat.
VIII.
THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND
WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARDSHIP IMPOSED
UPON THE LANDOWNER, IF ANY, AS A RESULT
Evaluation of this criterion includes
weighing the benefits to the public versus the benefit of the owners of the
subject property. Benefits are measured based on anticipated impacts of the
rezoning request on the public health, safety, and welfare.
Applicant’s Response - “Compliance with mandatory flood
hazard reduction policies will occur were this application approved. No known
public gain will occur by the denial of this application.”
Staff Finding – Denial of the request to
rezone the subject property to the IL District with use restrictions would maintain
high quality agricultural land and open space, but would not otherwise maintain
a tangible benefit to the public health, safety, or welfare. Denial would also
result in Code violation for the developer, as the Code states that the subject
property shall include the IL-FP zoning designation and be subject to the
Floodplain Management Regulations.
Granting the rezoning request would establish the parameters of the
Floodplain Overlay District for the subject portion of the development project.
Approval would also permit development of a limited industrial site in a
location designated for such and under the conclusion that additional
industrial sites are needed in order for
IX.
THE RECOMMENDATION OF THE CITY’S PROFESSIONAL
STAFF
Staff Finding – The request to rezone approximately 26.22
acres of property to the IL-FP (Limited Industrial-Floodplain Overlay) District
is in general conformance with Horizon
2020 and the Development Code. Therefore, staff recommends approval of the
rezoning request.