PLANNING & DEVELOPMENT STAFF REPORT Rezoning PETITION: APPLICANT: PROPERTY OWNER: TYPE OF REQUEST: SIZE OF TRACT: LOCATION: (#17-22) Rezone from A-PUD (Agri-Business Planned Unit Development) to A-PUD (Agri-Business Planned Unit Development) (#17-23) Rezone from AG (Agricultural District) to A-PUD (Agri-Business Planned Unit Development) Steve Austin 2560 Pillsbury Dr Manhattan, KS 66502 Steve Austin, Jack R & Patsy Austin 2560 Pillsbury Dr Manhattan, KS 66502 Rezone a portion of an unplatted tract of land to expand and amend an existing Agri-Business Planned Unit Development. The subject site is approximately 1.79 acres. Generally located approximately 800 feet north of the intersection of Pillsbury Drive (K-177) and Deep Creek Road, on the west side of Pillsbury Drive; Section 29, Township 10 South, Range 8 East; Manhattan Township.
#17-22 & #17-23 Austin Page 2 BACKGROUND: The Applicant wishes to expand the geographical boundary and amend certain uses of an existing "A-PUD" (Agri-business Planned Unit Development). The area is an approximate ¾-acre portion of a 36-acre parent tract. Currently, the A-PUD is structured to allow the sale of horse/livestock and utility trailers (Austin s Trailers). The applicant wishes to expand the business to include the sale of assembled garden sheds. DESCRIPTION: Physical site characteristics: The subject site is abuts the west right-of-way line of K-177 Highway. The site gently slopes west from the highway toward the remainder of the parent tract. The subject site is not located within the designated 1% or 0.2% annual chance floodplain. General character of the area: Although the site is located in the gateway area of Manhattan, the site and surrounding properties are predominantly agricultural in character. The parent tract, on which the subject site is located, has an active cattle ranching operation. SUITABILITY OF ZONING: Zoning History: The parent tract has undergone several zoning changes over the years. In 1966, it was zoned county zoning designation Zone F (Heavy Industrial) for a quarry. In 1974, Riley County underwent a zoning conversion process and the tract was reclassified as D-2 (Light Industrial) (Pet. #11). In 1977, a small portion of the northeast corner of the parent tract was rezoned from D-2 (Light Industrial) to A-4 (Single Family Residential). In 1979, the quarry operation was abandoned and the tract was successfully rezoned from D-2 (Light Industrial) to G-1 (General Agricultural) (Pet. # 79-36) with the intent of seeking approval for a conditional use. That same year, a conditional use was approved for permitting rodeos, demolition derbys and consignment auctions (Pet #79-42). Most recently, in 2007, a portion of the parent tract (subject site) was rezoned to "A-PUD" (Agri-business Planned Unit Development) to allow for the current business (Austin s Trailers). Current zoning: The site is zoned A-PUD (Agri-Business Planned Unit Development) and AG (Agricultural District). Proposed zoning: The proposed zoning is A-PUD (Agri-Business Planned Unit Development). NORTH SOUTH SURROUNDING ZONING/LAND USE ADJACENT ZONING AG (Agricultural District) and SF-4 (Single Family Residential) R-PUD (Residential Planned Unit Development) Agricultural LAND USE Church, residential, open space EAST D-3 (Heavy Industrial) Bayer Construction WEST D-3 (Heavy Industrial) Residential POTENTIAL IMPACT: Public facilities and services: Streets and bridges: The subject property will continue to have direct access to K-177 via a gravel frontage road (driveway) that runs parallel to the highway, within the west right-of-way of
#17-22 & #17-23 Austin Page 3 K-177. The existing entrance onto the highway is served by a crossover (break in the median) opposite Lafayette Drive. There are no new entrances being proposed with this request. Water and sewer: The subject site will not be served by water or sanitary sewer. Municipal-type systems are not available in the area. Effect on nearby property: The ¾-acre portion of land proposed for rezoning is nearly completely surrounded by the 36-acre parent tract. It is not anticipated that nearby property will be adversely impacted. The subject site will remain in natural vegetation and will cause stormwater drainage issues on surrounding property. Effect on public facilities and services: It is not anticipated that rezoning the subject property will have an adverse impact on public facilities and services. Landscape Plan: All existing natural vegetation (native grasses) will remain. Sign: The existing 12-ft. tri-column sign shall continue to serve to advertise the proposed business. No new signs are proposed. Fire: Riley County Fire District #1 will serve the site. The nearest County Fire Station is the Konza Fire Station (#15), located at 300 Johnson Road. The subject site is located within five (5) road miles of a fire station. Effect on public facilities and services: It is not anticipated that the expansion of the existing development will have an adverse impact on public services. Effect on nearby property: It is the general purpose of zoning to protect the health, safety and welfare of the general public. Regulations must be written with reasonable considerations of the character of the district and its peculiar suitability for particular uses. Furthermore, they must also maintain a view toward conserving the value of buildings and lands and encouraging the efficient and best use of land. The factors that go into the decision to rezone a property appear to be more than the list of concerns stated herein. For example, certain criteria spelled out in the Kansas Supreme Court case Golden vs. Overland Park, 224 K. 591, 584 P. 2d 130, also examine the following: 1. Is the rezoning compatible with the character of the neighborhood? 2. Is the rezoning compatible with the zoning and uses of properties nearby? 3. Will removal of the current restrictions by rezoning detrimentally affect nearby property? 4. Will the gain to the public health, safety and welfare by denying rezoning not be as great as the hardship imposed upon the individual landowner? With the specific use limitations noted on the Preliminary Development Plan, it is not anticipated that the proposed development will have an unreasonable adverse impact on nearby property or areas determined to be environmentally sensitive. CONFORMANCE TO THE LAND USE PLAN: The request was reviewed with the Manhattan Urban Area Comprehensive Plan (2015). According to the Future Land Use Map (southwest), the subject property is projected for lowdensity rural residential (see Figure 1.) The analysis is as follows:
#17-22 & #17-23 Austin Page 4 Site Figure 1. Future Land Use Map Conformance to the Guiding Principles, Goals, and Policies of the Plan CMU 4 Mixed-Use Development: Encourage mixed-use development both vertically and horizontally mixed-use, as appropriate, given the surrounding development context and market demand through the revitalization of aging and/or underutilized centers and corridors as well as part of new commercial/mixed-use centers. Staff analysis: The subject property has been developed for several years as the residential portion of a farmstead. Due to the character, type and location of the existing commercial development in relation to the K-177 corridor, it is not anticipated that expanding an existing agri-business operation will conflict with the existing and projected uses, character or appearance of the area. Therefore, the request to expand and amend the existing A-PUD (Agri-Business Planned Unit Development) zoning district in order to serve the local community is appropriate and consistent with the overall goals of the Plan. DETAILS OF DEVELOPMENT PLAN: List of Permitted Uses: 1. Display and sale of farm and ranch trailers (bumper pull, farm equipment, fifth wheel, ground load type tractor-trailer, grain, horse, livestock, and utility). 2. Display and sale of portable sheds (Ag, lawn& garden, and utility) 14 x24 (maximum), with a maximum of six (6) units on the lot at any given time. List of Permitted Structures: There are no structures associated with this development.
#17-22 & #17-23 Austin Page 5 Use Limitations: 1. Existing topography to remain unchanged, except those areas displaying portable sheds shall consist of all-weather type surfacing. 2. No more than eight (8) portable sheds shall be displayed at any given time. Portable sheds shall be displayed in such a manner as to maintain a minimum of five (5) feet horizontal clearance between structures. 3. No more than four (4) tractor-trailer type trailers shall be displayed at any given time. 4. Existing 12 x12 tri-leg non-illuminated sign shall remain in its current configuration. 5. Parking area shall consist of all-weather type surfacing and be maintained to preserve positive drainage. 6. The display of Conex type shipping/storage containers shall be prohibited. 7. The sale, display or storage of mobile homes shall be prohibited. 8. The storage of items (e.g. trailers, portable sheds, etc.) not intended for sale shall not be permitted. COMMENTS AND CONCERNS: ENVIRONMENTAL HEALTH: The Environmental Health staff has reviewed this plat and found it is in compliance with the Riley County Sanitary Code. COUNTY ENGINEER: The Riley County Engineer has reviewed the request and had no concerns. MANHATTAN TOWNSHIP TRUSTEE: No review received. EMERGENCY MANAGEMENT: The Director of Riley County Emergency Management reviewed the request and had no concerns with the expansion of the PUD. He stated that the PUD gives no authority to build new structures and any present and future structures will need to meet the state minimum fire code. STAFF RECOMMENDATIONS: Staff recommends that the Planning Board forward a recommendation of approval of the request to rezone the proposed property to the Board of County Commissioners, based on the following findings: The proposed zoning and existing uses of the subject property are compatible with those of surrounding properties; Generally conforms to the goals of the Manhattan Urban Area Comprehensive Plan (2015); The rezoning is compatible with the character of the neighborhood; and The requested zoning is a reasonable expansion of an existing zoning designation that allows the commercial sale of products to the local urban and rural community, while maintaining the existing function and appearance of the area.
#17-22 & #17-23 Austin Page 6 POSSIBLE MOTION(S) ACTION NEEDED (for rezoning): A. Move to forward a recommendation of approval to the Board of Commissioners of Riley County to rezone an unplatted tract from AG (Agricultural District) and A-PUD (Agri- Business Planned Unit Development) to A-PUD (Agri-Business Planning Unit Development). B. Move to forward a recommendation of denial to the Board of Commissioners of Riley County to rezone an unplatted tract from AG (Agricultural District) and A-PUD (Agri- Business Planned Unit Development) to A-PUD (Agri-Business Planning Unit Development). C. Move to table the request to rezone the described property to a specific date, indicating the reasons for tabling. REASONS TO CONSIDER REZONING: The rezoning is compatible with the character of the neighborhood. The rezoning is compatible with the zoning and uses of properties nearby. The subject property is not suitable for the uses allowed by the current zoning. Removal of the current restrictions by rezoning will not detrimentally affect nearby property. The subject property has remained vacant as zoned for a substantial time period. The gain to the public health, safety and welfare by denying rezoning is not as great as the hardship imposed upon the individual landowner. The rezoning is consistent with the recommendations of permanent or professional staff. The rezoning conforms to the adopted comprehensive plan. The rezoning will not detrimentally affect the conservation of the natural resources of the County. The rezoning will result in the efficient expenditure of public funds. The rezoning will promote the health, safety, convenience, prosperity and general welfare of the inhabitants of the County. ATTACHMENTS: - Vicinity/site map - Surrounding zoning map - Fire station map - Floodplain map - Preliminary Development Plan Prepared by: Bob Isaac, Planner June 28, 2017
Oak Valle y Dr O a Ln k H dg ill µ VICINITY AND SITE Austin Rezone A-PUD to A-PUD Pillsbury Dr #17-22 Rezone AG to A-PUD #17-23 A-PUD to A-PUD 29-10-8 Legend AG to A-PUD 1000' Buffer Site VICINITY D ee pc re e k Rd FORT RILEY
Pillsbury Dr Oak Valley Dr SF-2 Oak Hill Lndg µ SURROUNDING ZONING SF-4 Austin Rezone A-PUD to A-PUD #17-22 Rezone AG to A-PUD AG PUD D-3 #17-23 29-10-8 Legend 1000' Buffer Site SF-1 Single Family AG Agricultural SF-2 Single Family N-1 Noise Hazard SF-3 Single Family PUD Planned Unit Dev SF-4 Single Family U University SF-5 Single Family City Boundaries B-1 Two Family Fort Riley Deep Creek Rd B-2 Multiple Family B-3 Mobile Home Park C-1 Neighborhood Bus SF-5 C-2 Shopping Dist C-3 General Business C-4 Highway Business D-1 Industrial Park Special Zoning: Conditional Use Designator Lot Special Use Variance D-2 Light Industrial D-3 Heavy Industrial D-4 Business Park
Oak Valley Dr Oak Hill Lndg µ FLOODPLAIN Austin Rezone A-PUD to A-PUD #17-22 1% SITE Rezone AG to A-PUD #17-23 Pillsbury Dr Pillsbury Dr 29-10-8 Legend Deep Creek Rd Floodplain 1% Annual Chance Flood (Unnumbered) 1% Annual Chance Flood (Numbered) Floodway 1% Annual Chance Flood (1'-3' Depth).2% Annual Chance Flood