PUBLIC HEARING ITEM:

 

ITEM NO. 11:           RS-1 TO M-2; 0.87 ACRE; 724 NORTH IOWA STREET (SLD)          

 

SUMMARY

 

Z-07-31-04:  A request to rezone a tract of land approximately 0.87 acre from RS-1 (Single-Family Residential) District to M-2 (General Industrial) District.  The property is located at 724 North Iowa Street.  Submitted by Belot/Hartronft Associates, LLC, for John J. Joyce II, property owner of record.

 

GENERAL INFORMATION
Current Zoning and Land Use:	RS-1 (Single-Family Residence) District; existing single-family residence.
Surrounding Zoning and Land Use:	M-2 (General Industrial) District to the north and west; existing and developing industrial area.   A (Agricultural) District to the south; existing residential homes along N. Iowa Street.   A-1 to the east; existing county residential subdivision developed with single-family homes.
Reason for Request:	Intent is to relocate owner’s construction subcontracting business to this site which is presently located on residential property in the County.

 

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding – The subject property is surrounded by a variety of residential and industrially zoned property. The area on the west side of N. Iowa is designated for industrial uses as well as the area immediately to the north. The remaining areas to the south and east are zoned for or developed with low-density residential uses.

 

II.       CHARACTER OF THE AREA

 

The subject property is located within what is known as the Santa Fe Industrial area and is described in the industrial chapter of Horizon 2020 as follows:

 

“The Santa Fe Industrial Area, located north of I-70 Kansas Turnpike, has developed as a large warehouse and distribution location.  The Plan recommends an expanded role for this area in the future.  The area north of Lakeview Road may alternately develop with more traditional industrial uses.  As additional industrial and employment-related uses develop, impacts on nearby residential development along Riverridge Road will need to be considered.  Additional street improvements may be needed and land use transition areas may need to be established to protect residential uses in the area.”

 

N. Iowa Street is a designed arterial street and provides direct connections between the industrial areas north of Riverridge Road and the surrounding street network. The area on the west side of N. Iowa Street is a developed industrial area characterized by large lots and large single-story buildings for warehouse/distribution activities.

 

There is an area to the south of the subject property zoned RM-D (Duplex Residential) District but platted at a density of 4.2 dwelling units per acre. The area to the east (Miller Acres) is a rural residential subdivision (county plat) that is developed at 1 dwelling unit per acre. The area south of Riverridge Road (Riverridge Addition) is a developed, single-family area zoned RS-2 (Single-Family Residence) District with a density of 4.5 dwelling units per acre. The area is characterized as low-density residential.

 

The development of the area to the south of the subject property was identified as needing for alternative access as part of the subdivision review of Northridge Estates. The approved plat of Northridge Estates established a north/south street (Wrigley Lane) from Riverridge Road to the north property line in anticipation of an internal street extending to the north and then connecting at some eastern point to eliminate direct access to N. Iowa Street. It is anticipated that this street configuration would continue. 

 

Staff Finding – The subject property is located at the boundary between an industrial/low-density residential neighborhood. The area north of Riverridge Road and east of N. Iowa Street is clearly a low-density residential neighborhood. The abutting property to the north marks the boundary of an industrial park area that is intended to include buffering between adjacent uses.

 

If approved, the proposed industrial lot could have temporary access to N. Iowa. Additional access options would need to be evaluated, including access from a local street extending to the south through a residential neighborhood or cross access to the north through the existing industrial park to the north.  The applicant has provided an exhibit showing options for a residential connection via the extension of Wrigley Lane.  The intersection of a local street with an arterial street would require a variance.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The applicant states that the RS-1 (Single-Family Residence) District zoning was applied upon annexation as a type of holding zone. The property abuts N. Iowa Street which is a major arterial and not recommended for direct access for individual residential uses. The property abuts industrial zoning on the north and west (across N. Iowa Street) and conventional residential zoning and existing homes on the south and east. Staff concurs that that the long term use and zoning are not suitable for low-density, single-family residential development.

 

As a residential property, it is conceivable to include this property in the future planning of the remaining parcels immediately south in terms of street access and redevelopment. Long-term access options that do not include direct access to N. Iowa street should be explored if this property is rezoned for industrial uses.

Staff Finding – The proximity of the subject property to N. Iowa Street makes long term, single-family residential uses is undesirable. The RS-1 (Single-Family Residence) District has been used more as a holding district than a representation of the intended or projected land use for this property. Staff concurs that the existing zoning is not suitable.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The area is currently developed with a detached residence that is estimated to be 50 years or more old. The property was annexed in 1981 and has been zoned RS-1 (Single-Family Residence) District since annexation.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Redevelopment of the site will require platting and site planning in accordance with minimum city standards. The area to the east are characterized by large residential lots that are approximately 150’ deep, with typically 50’ rear yards based on the location of residential structures. Redevelopment of the subject property would orient development to N. Iowa Street, thus establishing a back to back land use relationship. The zoning would rely heavily on the use of rear yards between the subject property and the abutting residential uses to buffer/screen them from the industrial use.

 

The industrial development to the north was platted with a required 6’ landscape berm along the lots that abut the residential lots in the Miller Acres Subdivision to the east of the subject property. The landscape berm was not continued across the lot that abuts N. Iowa Street immediately north of the subject property.

 

Staff Finding – Approval of the request would allow for the intensification of the site and greatly expand the allowable uses on the subject property. The property is .87 acres and is 110’ wide by 377’ deep. The subject property exceeds the minimum lot area requirements for the district. The relative size of the lot will impact how large a structure could be built on the property while providing the necessary parking, landscape and setback requirements.

 

VI.       RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

 

Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the subject property owners.  Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety and welfare. The property is currently restricted in use to low-density residential uses but abuts a major arterial street with direct access. If approved, the immediate access will not likely be altered. The property is anticipated to be redeveloped as well as the area to the south as utilities and infrastructure improvements are made to serve the area.

 

Staff Finding – If denied, the applicant will have to seek an alternate location to relocate his existing business currently located in the unincorporated area.

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The applicant noted that the subject property is represented on Map 3-2 of Horizon 2020 as suitable for industrial uses (See attachment). Chapter 7 provides the land use goals and policies associated with industrial and employment-related land use requests. A key strategy for consideration of industrial requests includes recognition that there is a need “to protect, enhance and retain existing industrially-related land use areas serving the community.” The proposed request seeks to expand the existing M-2 (General Industrial) District to the south to incorporate the subject property into the surrounding industrial district.

 

The plan also states a need to “address the needs of existing local employers and industrialists to ensure their retention and to facilitate expansion plans for the future.”  The applicant currently operates a rural type-2 home based business in the county. The current operation is located two lots south of the subject property. The applicant is currently in compliance with the Type 2 Home Occupation regulations of the county but would not be able to expand or increase employment in the future and remain in compliance. Additionally, the home occupation may not be considered as a conforming activity upon annexation.

 

The Comprehensive Plan identifies several types of industrial and employment related land uses as follows:

 

·         Office - a commercial area in which office and service uses predominate. ·         Office Research - an area characterized primarily by businesses involved in technology, research, and scientific-related activities, although it may also include traditional business park uses such as manufacturing as well.  ·         Warehouse and Distribution - an area generally intended for the warehousing and distribution of wholesale goods and supplies. ·         Industrial - an area which includes manufacturing, assembly, processing and similar operations.

 

Zoning and use groups associated with the M-2 (General Industrial) District are characteristic of more intensive warehouse/distribution and more conventional industrial activities. The proposed request is not considered to be the creation of a new industrial district but an expansion of the existing Santa Fe Industrial area as described in Horizon 2020 and stated above.

 

The following goals and policies are provided as justification for the compatibility of the proposed request with the comprehensive plan.  These citations are related to the land use and do not attempt to address the physical design issues which will be considered as part of the site plan and subdivision review processes. Refer to Chapter 7: Industrial and Employment-Related Land use Goals and Policies in Horizon 2020 for the complete text.

 

GOAL 1:         Established Industrial Area Development

                        Allow for the retention, redevelopment and expansion of established industrial areas.

Policy 1.1:    Maintain and Encourage New Development to Occur in Existing Industrial/ Employment-Related Areas

b.       Encourage parcel consolidation to provide infill sites for redevelopment and expansion.

Policy 1.3:    Concentrate Industrial Development

a.       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 (emphasis added).  Annually evaluate current land use and land availability.

b.       Existing industrial areas should be improved and upgraded as needed.  Overall storm water management, vehicular and pedestrian access and site maintenance should be undertaken where necessary.  Encourage partnerships for redevelopment.

GOAL 2:         Compatible Transition from Industrial/Employment-Related Development to Less Intensive Uses

Ensure a compatible transition between industrial and employment-related developments and less intensive land uses.

Policy 2.1:    Use Appropriate Transitional Methods

a.       Encourage industrial, office research and warehouse distribution facilities to have a positive impact on neighboring land uses through the use of natural area separations, broad landscaped yards or other means of buffering.

b.       New industrial, office research and distribution facilities should be designed and developed so that offices, showrooms and similar uses occupy high-visibility locations around park peripheries. 

 

Appropriate transitional methods between “industrial/employment-related developments to less intensive land uses” include the use of physical site design and include orientation of development toward major streets, provision of access from arterial, collector or access/frontage streets, and consolidation of access drives serving two or more uses. The plan also recommends back-to-back relationships augmented with screening to address compatibility as necessary.

 

Policy 2.2:    Locate Less Compatible Uses Toward the Interior of Industrial Areas

Encourage higher intensity and/or less compatible uses to locate in the interior of office research, warehouse distribution and industrial park sites or adjacent to arterial streets rather than adjacent or in close proximity to residential neighborhoods.  A use may be considered less compatible because of height, massing, parking, light, noise, traffic generation or hours of operation.

 

Horizon 2020 suggests other appropriate land uses as effective transitional uses, including Commercial or Office Development (Policy 2.4), higher-density residential development (Policy 2.5) or Parks and Recreation and Open Spaces (Policy 2.6).  If zoned for higher-density residential uses, the area to the south should be incorporated to establish a more plan-able district rather than an isolated parcel of zoning. Similarly, a commercial zone would be an isolated land use.

 

GOAL 3:         Criteria for Location of Industrial or Employment-Related Development

Provide industrial and employment areas to meet the economic needs of the community.

Policy 3.1:    Utilize Locational Criteria for All Industrial or Employment-Related Development

b.       Access to individual building sites within business parks should be from an internal circulation system.  Site access from peripheral arterial and collector streets should be limited to major entrances serving the overall development area.  Industrial traffic and related conditions should not adversely affect other nearby land use areas.

c.       Ensure that new industrial, office research and warehouse distribution developments are concentrated in areas with similar compatible uses.

Policy 3.3:    Adhere to Designated Land Uses

Designate new industrial, office research and warehouse distribution areas to support job creation.  Large-scale industrial and employment-related development should be located in planned parks to help ensure coordination of circulation systems, lot configuration, site layout (building, parking and access facilities) and environmental amenities.

Policy 3.4:    Maintain an Inventory of Industrial Land

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.  Annually evaluate current and approved planned land uses and land availability.  The evaluation should consider, but not be limited to: approved planned development not yet constructed, compatibility with existing nearby development, parcel size and infrastructure service delivery and phasing plans.

GOAL 4:         Transportation Considerations

Promote a multi-modal transportation system which provides or improves access and circulation within and adjacent to industrial areas.

Policy 4.1:    Level of Service

Discourage the expansion of existing or construction of new industrial development in areas where, even with street and traffic signal improvements, the additional traffic generated by such development would result in an unacceptable Level of Service.

Policy 4.4:    Ensure Adequate Ingress and Egress

a.       Limit the principal access for industrial/employment-related centers to arterial, collector or access/frontage roads.

b.       Adequate ingress and egress from industrial/employment-related centers should strive to provide a minimum of two access points.

Policy 4.5:    Limit Access

a.       Minimize curb cuts along arterial and collector streets.

b.       Encourage shared access between adjacent industrial developments.  Plan for coordinated traffic circulation within and adjacent to proposed development areas.

Policy 4.6:    Provide Vehicular Circulation

Encourage vehicular circulation within compatible developments that allows internal access to adjacent industrial buildings and developments.

 

Horizon 2020 provides the following criteria for reviewing new industrial development requests. The plan states that new development should:

·         Limit development to designated areas as indicated on the Future Land Use Map and/or Sector Area Plan Maps.

·         Encourage the formation of unified light industrial corridors through infill development of existing industrial areas.

·         Promote the assembling of small tracts to form larger, more cohesive parcels, encouraging well-planned and orderly clusters of industrial development.

·         Light industrial development should be located on arterial streets.

·         Encourage industrial development to locate on sites having minimal slope to avoid substantial disruption of natural drainage and vegetation.

·         Retain stands of mature trees, natural vegetation and environmentally sensitive areas to act as natural buffers between developments and as site amenities within developments.

 

Staff finds the proposed request consistent with land use recommendations in Horizon 2020.

Staff Finding – Much of the recommended policies address the physical design aspects of siting a building and providing the necessary yards and green space to assure compatibility, especially in transitional areas that abut residential uses. The subject property was clearly designated as part of the Santa Fe Industrial area and is expected to redevelop as an infill project.

 

STAFF REVIEW

 

The subject property has been annexed since 1981 and is currently developed with an unoccupied single-family residence. The applicant also owns the home two properties to the south and operates a business consistent with the County’s Home Occupation limitations. The applicant is seeking to relocate the business to a more suitable property and separate the business and residential activity. 

 

The property is ideally suited for higher intensity uses, given the proximity to an arterial street and is expected to be redeveloped at some point. Ideal access for this property would be a coordinated access easement to the north to connect to Packer Circle. If approved, Staff recommends the applicant initiate contact with the abutting property owner with regard to this issue.

 

The purpose and design of the M-2 (General Industrial) District is to “accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of medium intensity.  The M-2 District regulations are intended to permit such activities, subject to limitations that will protect nearby residential and commercial districts and will insure that permitted uses are compatible with one another.” (Section 20-803). This district requires a minimum lot size of 5,000 SF per lot, compared to the M-1A (Light Industrial) District and the M-3 (Intensive Industrial) District which both required 20,000 SF per lot, or the M-4 (Limited Intensive Industrial) District which requires 87,120 SF per lot. The proposed district also allows a range of uses including:

 

·         Use Group 13 -- Automotive Services and Retail Sales;

·         Use Group 14--  Retail/Wholesale Sales and Services (which also includes contractors offices and shop uses);

·         Use Group 17 -- Manufacturing Low-Nuisances; and

·         Use Group 18 -- Research and Testing (Which are more typically found in an industrial park setting of the M-1 and M-1A Districts); and

·         Use Group 19 Industrial–Medium Nuisance.

 

The proposed district specifically excludes Use Groups 12 and 15 which are more commercial/ retail and recreation oriented uses. The subject property is developed with single family residence which is currently vacant. If approved the existing residential use will cease unless it were to be used for a caretaker use as defined in the accessory uses of the zoning code.

 

Additional review will be required with the site plan and subdivision plat to assure compatibility and to address the specific access options associated with this property.

 

PROFESSIONAL STAFF RECOMMENDATION

 

Staff recommends approval of the proposed rezoning of .87 acres from RS-1 (Single-Family Residence) District to M-2 (General Industrial) District based on the findings of fact presented in the body of the staff report and forwarding a recommendation for approval to the City Commission and subject to the following condition:

 

1. Approval and filing of the final plat at the Register of Deeds Office.