Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
May 9, 2017
DATE:May 9, 2017
CONTACT PERSON:Bill FianderDOCUMENT #:
SECOND PARTY/SUBJECT:Reser's Fine Foods PROJECT #:PUD16/5A
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by Interim City Manager Doug Gerber amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code, by providing for certain changes in zoning on property located at the northwest intersection of SE Croco Road and SE 6th Street by amending and expanding the boundary of the PUD master plan to include property at 3636 SE 6th Avenue/Street and 347/349 SE Croco Road, currently zoned “RR-1” Residential Reserve District ALL TO “PUD” Planned Unit Development District. (I-1 use group) (PUD16/5A) (Council District No. 3)

 

(Approval allows the applicant to re-locate the waste water pre-treatment and stormwater detention on to property at 3636 SE 6th Avenue/Street.)

POLICY ISSUE:

The purpose of the major amendment is to relocate the waste water pre-treatment facility and stormwater detention pond on to the property at 3636 SE 6th Street. The properties at 347/349 SE Croco are added into the PUD plan as an additional buffer area between the development and residential uses to the north.  No new development is proposed on this property and it will remain open space in the future.   The existing single family residences on both properties located at 3636 SE 6th and 349 SE Croco have current leases allowing the single family residences to remain for 1 and 5 years, respectively.

 

The Governing Body has the following options:

 

1. Approve the Planning Commission’s recommendation. A minimum of 6 votes is required.

2. Amend the Planning Commission’s recommendation. A minimum of  7 votes is required.

3. Refuse to approve the Planning Commission’s recommendation. A minimum of 7 votes is required.

4. Remand to the Planning Commission for further consideration, with a statement specifying the basis for the governing body’s failure to  approve or disapprove. A minimum of 6 votes is required.

STAFF RECOMMENDATION:
Staff is recommending the Governing Body move to adopt the ordinance.
BACKGROUND:

PUD16/5A is an amendment to the Planned Unit Development Master Plan (I-1 uses) to include the property to the west at 3636 SE 6th Street and the property to the north at 347/349 SE Croco Road, currently zoned “RR-1” Residential Reserve District.  The property to the west (3636 SE 6th) was unavailable to the applicant for purchase at the time of their initial PUD application. The property to the north (347/349 SE Croco) was annexed at the time of the initial application, but not included into the initial PUD boundary. 

 

The applicant held a neighborhood information meeting on March 27, 2017 at the Rice Community Center in which 5 citizens attended.  These citizens did not express negative comments.  Planning staff believes the PUD plan, as amended, improves land use compatibility and more effectively mitigates any undesirable consequences.    

 

The PUD amendment improves land use compatibility and on-site circulation with the following revisions:

 

  • Provides a wider truck circulation driveway behind the building, which pulls truck traffic away from Croco where there are more residential uses.
  • Re-locates the waste water pre-treatment building and stormwater detention pond further west so they sit three to four feet lower on the property and closer to the creek than their initial location, which was northwest of the principal building.
  • Adds future open space/green areas around the development for buffer areas between residential zoning and the proposed development site.   

 

This amendment to the Master PUD Plan is consistent with the Land Use and Growth Management Plan 2040. Upon annexation, the subject property (3636 SE 6th Street) will lie within Tier 1 of the Urban Growth Area.  The Land Use and Growth Management Plan 2040 (LUGMP) indicates these areas are the first priority for future growth/urban development and the full suite of urban infrastructure is readily available to the property.  The Comprehensive Plan Amendment case (CPA17/1) approved in January amended the LUGMP and designated the area of the amendment part of the “6th Avenue/Street Mixed Use Employment Corridor."

 

The Planning Commission recommended the rezoning request be approved by a vote of 8-0-0 on April 17, 2017. The Planning Department is recommending approval. All conditions of approval are reflected on the revised PUD plan. 

BUDGETARY IMPACT:
Approval will have no impact on the City's adopted budget.  All road improvements will be paid for by the developer.
SOURCE OF FUNDING:
Not applicable
ATTACHMENTS:
Description
Ordinance
Summary Report
Staff Report
Revised PUD master plan
Aerial Map
Zoning Map
Building Elevations
Landscape Plan - Revised
Applicant Report to City from Neighborhood Meeting
Neighborhood Information Meeting Attendance
Planning Commission Minutes - April 17, 2017