Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 14, 2017
DATE:November 14, 2017
CONTACT PERSON:Bill FianderDOCUMENT #:Z17/5
SECOND PARTY/SUBJECT:Franklin E. WebbPROJECT #:
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by City Manager Brent Trout, 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 5127 SW Wanamaker Road from “RR-1” Residential Reserve District and “C-2” Commercial District ALL TO “R-1” Single-Family Dwelling District. (Z17/5) (Council District No. 7)

 

Voting Option Requirements: (1)Approve Planning Commission's recommendation 6 votes required (2) Reject or Amend Planning Commission's recommendation 7 votes required; or (3) Remand back to Planning Commission 6 votes required

 

(Approval would allow the property owner to construct one new, single-family residence on the 38-acre parcel.)

VOTING REQUIREMENTS:

The Governing Body has the following options to consider:

 

(1) Adopt the recommendation of the Planning Commission by a majority vote (6) of the Governing Body.

 

(2) Reject or amend the Planning Commission’s recommendation by a two-thirds majority vote (7) of the Governing Body.

 

(3) Return such recommendation to the Planning Commission by majority vote (6) of the Governing body with a statement specifying the basis of the decision to approve or deny the request.

POLICY ISSUE:

The rezoning will enable the property to develop consistent with the availability of infrastructure to the area. The 18-acre zoning change was approved in 2009 for speculative commercial development that never occurred. The property was annexed and rezoned far in advance of having all urban services to support commercial development at the intersection.

 

The request is consistent with the land use policies and principles of the Land Use and Growth Management Plan - 2040.

STAFF RECOMMENDATION:

Staff recommends the Governing Body move to adopt the ordinance.

BACKGROUND:

The request for a zoning change from "RR-1" Residential Reserve District and "C-2" Commercial District all to "R-1" Single Family Dwelling District on a 38-acre property located at 5127 SW Wanamaker Road. 

 

The applicant proposes to demolish the existing residence along with accessory buildings and construct one new, single family residence and continue to use the remaining property as pasture for livestock.  There is no plan in the near term to subdivide the 38-acre property.  A single family residence is not a permitted use under the current C-2 zoning.  Grazing of livestock, and agricultural use, may continue as a legal nonconforming use under the proposed R-1 zoning.   

 

The applicant conducted a Neighborhood Information Meeting on September 26, 2017.  The primary discussion at the meeting centered around the neighborhood's opposition to the previous commercial rezoning requests in 2008.  

 

Other than staff and the applicant no one addressed the Planning Commission at the October 16, 2017 meeting. The Planning Commission and the Planning Department recommend approval.

BUDGETARY IMPACT:
There will be no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable
ATTACHMENTS:
Description
Ordinance
Staff Report
Aerial Map
Zoning Map
Future Land Use Map
Neighborhood Information Meeting Report
Neighborhood Information Meeting Attendance Sheet
Planning Commission Minutes