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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
07/25/2016
ITEM NO. 3 IBP TO IL; 2.11 acres; 1300 Research Park Drive, Lot 3, Block 3 (BJP)
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Z-16-00215: Consider a request to rezone approximately 2.11 acres from IBP (Industrial/Business Park) District to IL (Limited Industrial) District, located at 1300 Research Park Drive, Lot 3, Block 3. Submitted by Wallace Engineering, for Lydia L. Neu and Robert M. Neu, property owners of record. |
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STAFF RECOMMENDATION: Staff recommends approval of the request to rezone approximately 2.11 acres from IBP (Industrial/Business Park) District to IL (Limited Industrial) District, with use restrictions, and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report subject to the following condition:
1. Permitted uses are limited to those listed below: a. Work/Live Unit b. Cemetery c. College/University d. Day Care Center e. Event Center, Small f. Event Center, Large g. Postal & Parcel Service h. Public Safety i. Funeral and Interment j. Social Service Agency k. Health Care Office, Health Care Clinic l. Active Recreation m. Participant Sports & Recreation, Indoor n. Participant Sports & Recreation, Outdoor o. Passive Recreation p. Nature Preserve/Undeveloped q. Kennel, provided that the use be accessory to the Veterinary use r. Veterinary s. Restaurant, Quality t. Administrative and Professional u. Financial, Insurance & Real Estate v. Payday Advance, Car Title Loan Business w. Office, Other x. Parking Facility, Commercial y. Building Maintenance z. Business Equipment aa. Business Support bb. Construction Sales and Service cc. Maker Space, Limited dd. Maker Space, Intensive ee. Manufacturing & Production, Ltd. ff. Manufacturing & Production, Tech. gg. Research Service hh. Wholesale Storage & Distribution, Light ii. Agriculture, Crop jj. Broadcasting Tower kk. Communications Service Establishment ll. Recycling, Small Collection |
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Reason for Request: |
IBP (current zoning) may not permit the proposed land use (restoration) for the subject site, although this proposed use does generally conform with the established land use pattern in the surrounding IBP-zoned area. Thus, IL zoning [with restrictions] will facilitate the proposed restoration use and similar future uses upon the subject site, while preserving/maintaining the pattern and character within the neighborhood. |
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KEY POINTS · Proposal accommodates the development of a restoration business, which is classified as Construction Sales and Service in Section 20-1718 of the Land Development Code. Construction Sales and Service is permitted in the following districts: CC (Community Commercial) CR (Regional Commercial) CS (Strip Commercial) IL (Limited Industrial) IG (General Commercial) · The subject property is located within Oread West Research Park which is predominantly zoned IBP District. · The rezoning proposal includes restrictions to the uses permitted in the IL District as a means to facilitate compatibility with the industrial/business park setting. Of the proposed permitted uses all are also allowed in the IBP District, with the exception of the Work/Live Unit, Kennel, Building Maintenance, and Construction Sales and Service uses. |
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ASSOCIATED CASES · There are no active cases associated with this application at this time. OTHER ACTION REQUIRED · City Commission approval of rezoning request and adoption/publication of ordinance. · Submittal and approval of a Major Site Plan application. · Submittal of construction plans to Development Services for processing of building permit, which is required prior to construction activity. |
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PLANS AND STUDIES REQURIED · Traffic Study – Not required for rezoning · Downstream Sanitary Sewer Analysis – not required for rezoning · Drainage Study – Not required for rezoning · Retail Market Study – Not applicable to residential request |
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ATTACHMENTS Attachment A: Use Table |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING Staff had one meeting with two adjacent property owners and a member of the Alvamar Development Corporation to discuss the proposed rezoning and receive feedback regarding the potential implications of the proposed use. The comments generally addressed exterior site appearance and compatibility with the surrounding area. The discussion addressed the on-site storage of company vehicles and damaged goods. The meeting participants requested that those items be stored indoors. Staff relayed that compliance with screening and design standards would be reviewed during the site plan process. |
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Project Summary:
The proposed request is for the rezoning of approximately 2.11 acres located in the Oread West Research Park from the IBP District to the IL District. This rezoning would accommodate the relocation and potential expansion of an existing restoration business to this undeveloped site. The Planning Director determined that a restoration business is classified as a Construction Sales and Service use in Section 20-1718 of the Land Development Code. This use is not permitted in the IBP District.
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: The request maintains the land use pattern present in the “Industrial/Business/Research Park” (pp. 7-3, 7-9); provides/promotes “employment opportunities” (p. 7-9); is compatible with “new technology-related industries” by providing support services, when needed, to the immediate and surrounding areas (p. 7-10).
Recommendations in Horizon 2020 are discussed below, with staff comments in red.
Industrial and Employment-Related Land Use (Chapter 7, Horizon 2020)
Policy 1.2: Ensure Compatibility of Development
“Encourage best management practices for site planning and design that include, but are not limited to, building placement and orientation, vehicular and pedestrian circulation patterns, open space, landscaping, lighting, stormwater management, and interfacings with adjacent neighborhoods and development, and appropriate accommodation of the design to the site’s natural features.”
The compatibility of the development will be evaluated during the development process, which will include a site plan application and review. Staff will review the submitted site plan for compliance with the standards of the Land Development Code, which will include compatibility with the arrangement of buildings, off-street parking, lighting, landscaping, pedestrian walkways and sidewalks, ingress and egress, and stormwater drainage. A submitted site plan will also be reviewed with the Community Design Manual to ensure that the Industrial Design Standards are met. The review will ensure that, by meeting the Development Code standards, the development is compatible with the surrounding area.
Policy 1.3: Concentrate Industrial and Employment-Related Development
“Maintain an appropriate supply of industrially zoned land so that site choices are available and infrastructure expansion can occur in an efficient and orderly manner.”
The rezoning request maintains the industrially zoned land in the Oread West Research Park. In addition, the restrictions associated with the rezoning align the proposed IL zoning to the surrounding IBP zoning of the research park. The uses permitted in the IBP District would be maintained with this rezoning, and the uses included in IL District would be business oriented, rather than consumer oriented.
Staff Finding – Rezoning of the subject property to the IL District would be in conformance with Goal 1: Development in Established Industrial and Employment Related Area of Horizon 2020. The proposed rezoning would conform with the Comprehensive Plan.
2. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
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Current Zoning and Land Use: |
IBP (Industrial/Business Park) District; undeveloped. |
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Surrounding Zoning and Land Use: |
IBP (Industrial/Business Park) District in all directions; Day Care Center to the northwest, Manufacturing and Production, Limited and Office to the north, Health Care Office, Health Care Clinic to the east and southeast, undeveloped to the south and west. |
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Figure 1: Surrounding zoning and land use of the subject property. |
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Staff Finding – The subject property is located in the Oread West Research Park. The surrounding properties are zoned IBP District and the subject property is adjacent to industrial and business type land uses, as well as vacant parcels. The proposed rezoning, with the use restrictions, is compatible with the existing zoning and land uses in the area.
3. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response: Business within a quarter-mile radius of the subject site include: dance school; gymnastics venue; tutoring service; plumbing contractor; dentist; financial planner/investment office; software company; Montessori school; two physical therapy offices and a university research office. Approx. 65% developed.
The subject property is located in the Oread West Research Park and is surrounded by existing industrial and business type uses, which include a day care center to the northwest, Microtech Computers, Inc. and an office building to the north, Neu Physical Therapy Center to the east, and TherapyWorks to the southeast. There are also undeveloped parcels located to the south and southwest of the property.
Staff Finding – The subject property is located in the IBP District, which is intended to provide space for low-impact employment and manufacturing uses. The proposed rezoning would permit the development of a Construction Sales and Service use that is not permitted in the IBP District. The rezoning proposes restrictions to the uses permitted in the IL District as a means to align the zoning of the subject property to the surrounding area. Limiting the uses in the IL District would result in a project that is compatible with the character of the area.
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
Staff Finding – The subject property is located within the boundaries of the West Lawrence Neighborhood Association, which does not have any adopted area or sector plan.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Applicant’s Response: The property is not necessarily unsuitable for uses currently allowed, however, a slight-to-moderate expansion of uses on the subject lot will promote continued development within an otherwise very slowly developing area.
The property is currently zoned IBP which permits certain low-impact employment and manufacturing uses in a planned industrial/business parking setting. Below is an analysis of the new uses that would be permitted and the uses that would be restricted with the approval of the rezoning.
NEW USES THAT WOULD BE PERMITTED
A Use Table is provided in Attachment A that shows the uses permitted in the two districts. The rezoning proposes restricting many of the uses normally permitted in the IL District that are not permitted in the IBP District as a means to align the subject property to the surrounding area zoned IBP. Four uses permitted in the IL District (not allowed in the IBP District) are proposed to not be restricted. These uses include Construction Sales and Service, Work/Live Unit, Kennel, and Building Maintenance.
Construction Sales and Service
The Development Code defines Construction Sales and Service as:
“Construction activities and incidental storage on lots other than construction sites. Also includes landscape contractors and landscape maintenance businesses and the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures including the retail sale of paint, fixtures, and hardware, but excludes those uses classified as “Automotive” and/or “Heavy Equipment” use types. Typical uses include home improvement or building material stores, tool and equipment rental or sales, building contracting/construction offices with shops and/or outside storage yards.” (Section 20-1717, emphasis added)
The rezoning would accommodate the relocation and expansion of an existing business, Rainbow International. This business provides restoration services to residential and business properties located in Topeka, Lawrence, and surrounding communities. This business is most like the contractor use described in the Construction Sales and Service definition above.
The Use Table of the Development Code indicates that the Exterior Storage use is permitted in the IBP and IL Districts as an accessory use subject to the standards in Section 20-538. To align the subject property with the surrounding development and the existing business park aesthetics, the Exterior Storage use would be restricted as a principal use; however, it would be permitted as incidental, or accessory, to the principal use. If incidental storage were a component of future development, the location and screening would be evaluated through the site plan review process.
Work/Live Unit
The use is defined in the Code as:
“A space within a building that consists of a dwelling unit which is accessory to a nonresidential use and has direct internal access to the nonresidential use.” (Section 20-1734(8))
The applicant proposes not to restrict this use based on trends seen in modern-day research and industrial applications, and the perceived limited affects this use would have on nearby properties. Any proposal for a Work/Live Unit use would require submittal of a site plan application for administrative review and approval. Staff would review compatibility with the surrounding area and site plan compliance at that time.
Kennel
The use is defined in the Code as:
“Kennel services for dogs, cats, and small animals, including day care and overnight care. Typical uses include boarding kennels and dog training centers.” (Section 20-1710(2))
The Kennel use supplements the Veterinary use, which is a use permitted in the IBP and IL Districts. The Kennel use would allow veterinary clinics to board their patients during the day or overnight. While the this use could also be associated with doggie day care facilities and dog training centers, the rezoning proposes restricting the Kennel use to activities that supplement the Veterinary use. Outdoor day care activities would be excluded from this rezoning.
Building Maintenance
The Code defines this use as:
“Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.” (Section 20-1712)
It is proposed that this use not be restricted given its supplemental nature with the Construction Sales and Service use. Permitting this use may provide an opportunity for the property to be developed with uses that complement each other.
USES THAT WOULD BE RESTRICTED
Below is a list of the uses that are allowed in the IBP District that are not allowed in the IL District. If the rezoning is approved, the following uses would no longer be an option for development.
· Cultural Center Library
· Extended Care Facility, General (permitted with approval of a Special Use Permit)
· Accessory Restaurant (permitted as an accessory use)
· Private Dining Establishment
The uses normally permitted in the IL District that are proposed to be restricted are listed below. Uses shown in blue are permitted with the approval of a Special Use Permit.
