Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 21, 2022
DATE:June 21, 2022
CONTACT PERSON:Bill Fiander, AICP, Planning and Development DirectorDOCUMENT #:
SECOND PARTY/SUBJECT:City of Topeka Planning CommissionPROJECT #:
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by Interim City Manager William E. Cochran 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 properties located within Downtown Topeka from “M-2” Multiple Family Dwelling District, “C-4” Commercial District, and “O&I-2” Office and Institutional District, “D-1” Downtown District, “I-1” Light Industrial District, “I-2” Heavy Industrial District TO “D-3” Downtown District. (Z22/02) (Council District No. 1)

 

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

 

(Approval would rezone certain properties to "D-3" Downtown Mixed Use District as recommended in the Downtown Master Plan.)

 

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:

Whether to adopt the Planning Commission's recommendation to rezone the properties.

STAFF RECOMMENDATION:

Staff recommends the Governing Body move to adopt the ordinance. 

BACKGROUND:

The Downtown Topeka Master Plan, adopted by the Governing Body on May 4, 2021, recommends implementation of the "D-3" Downtown District to accommodate a mix of higher density residential uses between the downtown core and industrial areas including the Kansas Riverfront. The current range of industrial uses would largely be permitted except for the most intensive industrial uses (Type III manufacturing, salvage yards, etc.). “D-3” does not require setbacks or off-street parking but does incorporate downtown design standards to protect against incompatible design character within a downtown environment.

 

On November 15, 2021, the Topeka Planning Commission initiated re-zoning of all properties as recommended in the Master Plan for "D-1", "D-2", and "D-3" districts. This particular proposal only includes "D-3" zoning. All 61 properties proposed for rezoning would be permitted by right or with conditions. Any new conditions required by D-3, such as screening of outside storage, are only applicable to new or expanded uses. The D-3 rezoning represents the final stage of re-zonings in alignment with the Downtown Master Plan.

 

Prior to action by the Planning Commission for "D-3" properties, two general information meetings and a neighborhood information meeting were held. These meetings helped to refine boundaries of the proposed re-zoning area and identify text changes to the zoning code in response to concerns. The text changes were approved by the Governing Body on February 1, 2022. Additionally, a webpage was created to define the scope of changes, including current zoning maps, proposed zoning maps, frequently asked questions, and a copy of the rezoning presentation given at the neighborhood information meeting.

 

The proposed “D-3” zoning is consistent with the Downtown Master Plan and the Land Use and Growth Management Plan 2040.

 

City of Topeka Planning Staff conducted an in person neighborhood information meeting in the Holiday Conference Room located at 620 SE Madison on April 21, 2022. The meeting was held for individuals within 300 feet of a property being rezoned and the property owners of the properties to be re-zoned. Twenty property owners attended the meeting and presented questions to staff related to the Polk-Quincy Viaduct project, the changes to the matrix, impacts on existing uses, and warehouse specific questions. The resources available online were shared with participants following the meeting.

 

The Planning Commission recommended approval by a vote of 7-0-0 at the close of the May 16, 2022 public hearing. Staff recommends approval per the attached staff report.

BUDGETARY IMPACT:

Approval of the zoning change has no budgetary impact on the City. 

SOURCE OF FUNDING:

Not Applicable.

ATTACHMENTS:
Description
Ordinance
Staff Report May 16, 2022
Planning Commission Rezoning Initiation Minutes November 15, 2021
Aerial Map Z22/02
Zoning map Z22/02
Future Land Use Map Z22/02
Planning Commission Minutes May 16, 2022
Neighborhood Information Summary April 21,2022
D-3 Rezone Property List
Public Comment
FAQs