Item Coversheet

City of Topeka
Council Action Form
 Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
November 17, 2020
DATE:November 17, 2020
CONTACT PERSON:Bill FianderDOCUMENT #:PUD20/01
SECOND PARTY/SUBJECT:Evergy Inc . - Chris Meyer/PEC - Alex Darby, P.E.PROJECT #:N/A
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, approving a Planned Unit Development (PUD) Master Plan for Evergy Electric Substation located on property south of SE 6th Avenue and lying between SE Golden and SE Highland from “X-1” Mixed Use District to “PUD” Planned Unit Development (X-1 zoning use group plus the addition of an public utility facility type II) all being within the City of Topeka, Shawnee County, Kansas  (PUD20/01) (Council District No. 3)

 

Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes is required of the Governing Body (2) Reject or Amend Planning Commission's recommendation, 7 votes is required of the Governing Body; or (3) Remand back to Planning Commission, 6 votes is required of the Governing Body.

 

(Approval will allow the reconstruction and expansion of an electric substation including tower structures up to 75 feet in height.)

VOTING REQUIREMENTS:

Governing Body Options:

 

  1. Approve the Planning Commission’s recommendation by adopting the ordinance. A minimum of 6 votes is required of the Governing Body.
  2. Amend the Planning Commission’s recommendation by amending the ordinance. A minimum of 7 votes is required is required of the Governing Body.
  3. Refuse to approve the Planning Commission’s recommendation by rejecting the ordinance. A minimum of 7 votes is required of the Governing Body.
  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 of the Governing Body.
POLICY ISSUE:

There has been no indication of opposition or concern about the proposed expansion of the power substation.  Evergy originally applied for a conditional use permit but withdrew and applied for planned unit development zoning to allow one or more towers in the substation to a height of 75 feet, exceeding the height restriction of 62 feet per the zoning code.    

STAFF RECOMMENDATION:

Staff recommends the Governing Body move to adopt the ordinance. 

BACKGROUND:

The request will allow Evergy Inc. to rebuild and expand its electric substation located on property along the south side of SW 6th Avenue between SW Golden and SW Highland.  "Public Utility Facilities, Type II" require a Conditional Use Permit in this X-1 district and in most other zoning districts.  Evergy applied for "PUD" zoning in order to allow heights up to 75 feet, exceeding the 62 foot height limit in the zoning code. 

 

The site has contained an electric substation since 1981 and is a non-conforming use under the current "X-1" zoning.  The substation has to be rebuilt to maintain and improve service in the area.  The modifications necessitate expansion of the substation on to property immediately east containing an automobile repair business, which is also a non-conforming use that has remained since 1977.  

 

The applicant was not required to conduct a neighborhood information meeting due to circumstances of COVID-19, although at direction of the Planning Department the applicant mailed notices to all property owners within 300 feet of the site.   

 

The Planning Commission recommended APPROVAL by a vote of 7-0-0 at the October 19, 2020 public hearing as indicated in the attached minutes.  The Planning Dept. recommended APPROVAL as indicated in the attached staff report.   

BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable
ATTACHMENTS:
Description
Ordinance
Planning Commission Minutes - October 19, 2020
Staff Report - October 19, 2020
Aerial Map
Zoning Map
Master Planned Unit Development Plan Map
Neighborhood Plan Map