Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, October 3, 2024 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. PUBLIC FORUM 4. NEW BUSINESS 4.1. Zone Change: North of 55th St. S. and west of Rock Rd. (R-1 “Single- 3 - 10 Family Residential District” to R-2 "Two-Family Residential District" and B-3 “General Business District") Recommended Motion: Forward a recommendation of approval to the City Council to change the zoning district classification of the subject property from R-1 "Single-Family Residential District" to R-2 "Two- Family Residential District", except for the west 150 feet of the subject property, and B-3 “General Business District" based on the findings of fact and subject to platting the subject property within one year. Agenda Item Report - AIR-24-248 - Pdf 5. ANNOUNCEMENTS 6. ADJOURNMENT Page 1 of 10 Page 2 of 10 New Business Item Subject: Zone Change: North of 55th St. S. and west of Rock Rd. (R-1 “Single-Family Residential District” to R-2 "Two-Family Residential District" and B-3 “General Business District") Meeting: Planning Commission: October 3, 2024 Presented by: Scott Knebel, City Planner BACKGROUND: General Location:  North of 55th St. S. and west of Rock Rd. (Location Map attached). Applicant/Agent:  Property Owner: Abraham A. Yazdani  Agent: Jay Cook, Baughman Company, PA Reason for Request:  Facilitate future development of commercial and two-family residential uses. Background Information:  The 36.43-acre property is an unplatted tract located at the northwest corner of 55th St. S. and Rock Rd. o The City Council approved an annexation request from the property owner on August 27, 2024. o State law prohibits annexations from going into effect within 60 days of an election; therefore, the annexation will become effective on November 6, 2024. o Article 303.H. of the Zoning Regulations authorizes a property owner to request a zone change during the annexation process as long as the ordinance effecting the zone change is not published prior to the annexation becoming effective.  The subject property will be zoned R-1 "Single-Family Residential" upon annexation and is currently used for agriculture.  The original application requested 26.75 acres to be rezoned to the R-2 "Two-Family Residential District" and 9.68 acres to be rezoned to B-3 "General Business District" (Proposed Rezoning Exhibit attached).  After the notice of public hearing was mailed and published, the applicant modified the requested rezoning to reduce the amount of B-3 zoning requested to 5.08 acres and increase the amount of R-2 zoning requested to 31.35 acres (Exhibit A - Yazdani Property attached). Page 3 of 10  o State law permits an applicant to amend a zone change request after the notice of public hearing is mailed and published only if the request decreases the "intensity" of the zoning requested. o Since the zoning regulations define the R-2 district as less "intense" than the B-3 district, the requested amendment to the zone change application is permitted.  The 5.08 acres proposed to zoned B-3 is located immediately at the northwest corner of 55th St. S. and Rock Rd. o The B-3 district is intended to group the more intensive retail merchandising activities of the City into concentrated areas. The uses permitted in this district are intended to serve the shopping needs and activities of the City's residents and the residents of Derby's retail trade area. o Typical uses in the B-3 district include retail, restaurant, convenience store, vehicle repair, office, medical office, and service businesses. o Development in the B-3 district must adhere to the Design Criteria of the Zoning Regulations as determined by the Planning Commission through Site Plan Review.  The 31.35 acres proposed to be zoned R-2 is the remainder of the subject property located west of the portion requested to be rezoned B-3. o The R-2 district is intended to permit medium-density residential uses comprised of single-family and two-family dwellings along with schools, parks, and golf courses.  The subject property is unplatted, so the property will need to be platted prior to the requested zone change becoming effective.  Zone change requests require a public hearing. o Notice of the public hearing was published in the Derby Informer September 11, 2024. o Notices were mailed on September 6, 2024, to neighboring property owners as prescribed by state law. o A sign advertising the public hearing was placed on the property on September 6, 2024. LEGAL CONSIDERATIONS:  Section 1100.C of the Zoning Regulations provides guidelines for matters which may be considered when approving or disapproving a zone change request. The Planning Commission may find that not all factors will be relevant to this zone change request. Matters that are determined by the Planning Commission to be important will be the basis for the Planning Commission's recommendation. In order to properly make a recommendation to the City Council, the Planning Commission must make specific and substantiated findings supporting its recommendation. FINDINGS OF FACT The following are the rezoning factors the Planning Commission must consider, a brief explanation of each factor, and staff's opinion on findings for each factor. 1. CHARACTER OF THE NEIGHBORHOOD: (Factual description of the application area and surrounding property as to general nature, condition, age of structures, etc.) o The subject property is on the northern edge of Derby's developing area. o The neighborhood immediately surrounding the subject property is generally characterized by agricultural uses to the north and east and large-lot residential uses to the west and south. o Though the predominate existing land use in the neighborhood is agriculture, the properties east of Rock Rd., both north and south of 55th St. S., have recently been rezoned to permit the development of 1,610 dwelling units and 650,000 square feet of commercial uses. Page 4 of 10  o The proposed zoning and use of the subject property is consistent with the long-term character of the neighborhood that will develop over time as a mixed-use neighborhood. 2. ZONING AND USES OF PROPERTIES NEARBY:(Factual description of surrounding property as to existing zoning and land uses.) Direction Zoning Classification Land Use(s) RR "Rural Residential" North Agriculture (County zoning) M-PUD "Mixed-Use East Planned Unit Agriculture Development" RR "Rural Residential" Agriculture and large-lot South (County zoning) residential RR "Rural Residential" West Large-lot residential (County zoning) 3. SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED: (How is the property currently zoned and what uses are allowed on the property? Are there uses suitable given surrounding zoning and site criteria? Are the current allowed uses the only ones that might be appropriate for the property?) o The property will be zoned R-1 "Single-Family Residential" upon annexation, which is intended for medium density single-family dwellings. o While the subject property is suitable for the residential uses permitted by the R-1 district, the applicant proposes commercial development along Rock Rd. consistent with the predominate Rock Rd. development pattern, which requires the requested zone change to B-3, and two-family development behind the commercial development consistent with the recently approved development pattern east of Rock Rd., which requires the requested zone change to R-2. o The market for commercial and two-family development along Rock Rd. is strong, with several projects completed within the last year, several projects approved but not yet under construction, and several more going through various stages of zoning approval. o The subject property is proximate to existing developing areas, has suitable topography for development, and is located in an area where infrastructure and services are available to be extended to support the proposed development. 4. EXTENT TO WHICH REMOVAL OF THE RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY:(Can the uses allowed in the requested district be good neighbors to existing development? This is a subjective question. The focus should be on facts, not fears, and should be based on issues that zoning can address [for example: allowed uses, minimum lot size, height, setbacks, traffic generation, landscaping and screening, use limitations, etc.]) o The proposed commercial development will provide screening and buffering as required by the Zoning Regulations from abutting residential and agricultural properties. o Site access and circulation will be determined through the platting and site plan review processes to ensure that traffic from the subject property does not detrimentally affect nearby property. o The specific commercial development standards for the subject property will be determined through site plan review, which is required for all commercial developments. 5. LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED:(Factual information, but its importance may be somewhat subjective. A property may be vacant because the current zoning is unsuitable, but there may be other reasons not related to zoning. Some examples might be a glut of available property of the same zoning district, financing problems, land speculation, fragmented ownership, lack of available public services, or other development problems.) Page 5 of 10  o The subject property is currently zoned RR "Rural Residential" (County zoning) and will be zoned R-1 "Single-Family Residential" upon annexation. o In staff's opinion, this is not a relevant factor. 6. GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE POSSIBLE DIMINUTION IN VALUE OF THE APPLICANT’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED ON THE APPLICANT IF THE REQUEST IS DENIED:(The protection of public health, safety, and welfare is the primary basis for zoning. The relationship between the property owner’s right to use and obtain value from their property and the City’s responsibility to its citizens should be weighed.) o The proposed commercial and two-family development is consistent with existing development patterns along Rock Rd. and will be developed in accordance with the City's development standards that will mitigate potential hazards to public health, safety, and welfare. o If the zone change is disapproved, the value of the applicant's property presumably will be diminished because commercial and two-family development will not be permitted. 7. IMPACT OF THE PROPOSED DEVELOPMENT ON COMMUNITY FACILITIES: (Are water and sewer available for extensions? How are roads impacted? Can other community facilities [for example: police, fire, parks, libraries, and school(s) handle the increased development? Should be based on factual information referencing standards used to make the determination.) o Financial guarantees will be provided through the platting process for the extension and/or expansion of infrastructure to serve the property. o Rock Rd. and 55th St. S. have sufficient capacity to handle increased traffic from the proposed development. Provisions will be made through the platting process to provide any necessary traffic improvements to serve the development. o Existing schools, parks, library, senior center, and other community facilities are sufficient to support the proposed development. o Police and fire have sufficient resources to provide public safety services to the subject property. 8. OPPOSITION OR SUPPORT OF NEIGHBORHOOD RESIDENTS: (Neighborhood support or opposition is just one of the factors to be considered in a decision to approve or deny a zoning request. Other applicable factors should also be considered.) o At the time of this writing, staff has not been contacted by neighborhood residents. o The Planning Commission will need to consider any testimony provided during the public hearing. 9. CONFORMANCE OF THE REQUESTED CHANGE TO THE CITY'S MASTER OR COMPREHENSIVE PLAN: (Does the request agree with the adopted plan recommendations? If not, is the plan out-of-date or are there mitigating circumstances which speak to the nonconformity?) o The subject property is located within boundaries of the 47th-55th Street South Joint Area Plan, which is an element of the Vision Derby 20204 Comprehensive Plan. o The Future Land Use Concept of the 47th-55th Street South Joint Area Plan identifies the subject property as appropriate for "local commercial" and "low density suburban" development.  The "local commercial" land use designation is intended for commercial, office, and personal service uses that do not have a significant regional market draw. The range of uses includes medical or insurance offices, auto repair and service stations, grocery stores, florist shops, restaurants and personal service facilities. On a limited presence basis, these areas may also include mini-storage warehousing and small scale, light manufacturing uses.  The requested B-3 district is consistent with the "local commercial" land use designation. Page 6 of 10   The "low density suburban" land use designation is intended to support development up to approximately 3 units per acre. This category is to accommodate residential development for areas surrounded by or near rural/suburban acreages in which a full range of municipal water, sewers, and other services are not currently available, but may be extended in the long-term future. Development in this category should be limited until municipal services are provided, and should be subject to a "transition" policy addressing development layout, lot sizes, density, and other elements to minimize growth conflicts when located adjacent to suburban acreages with different levels of compactness.  The requested R-2 district is generally consistent with the "low density suburban" land use designation except that the proposed density is greater than recommended, and there is no "transition" zone between the proposed R-2 zoning the large-lot residential uses. 10. RECOMMENDATION OF PROFESSIONAL PLANNING STAFF:(Should be based on the preceding factors, adopted plans and policies, other technical reports [such as, Capital Improvement Plan, facility master plans, etc.] which speak to the topic and staff's best professional judgment.) o Based on the preceding findings, staff recommends approval of the zone change request, except for the west 150 feet of the subject property, which should remain zoned R-1 "Single-Family Residential".  Leaving the west 150 feet of the subject property zoned R-1 will lower the permitted density of development on the subject property and will provide a transition zone from the large-lot residential uses to the west and south, which makes the zone change consistent with the recommendations of the comprehensive plan. RECOMMENDED MOTION:  Forward a recommendation of approval to the City Council to change the zoning district classification of the subject property from R-1 "Single-Family Residential District" to R-2 "Two- Family Residential District", except for the west 150 feet of the subject property, and B-3 “General Business District" based on the findings of fact and subject to platting the subject property within one year. ATTACHMENTS: Location Map Proposed Rezoning Exhibit Exhibit A - Yazdani Property Page 7 of 10  Location Map Zone Change: R-1 “Single-Family Residential” to R-2 “Two- Family Residential” and B-3 “General Business District” Derby City Limits Rock Rd. Greenwood Village SUBJECT PARCELS East Parcel: B-3 West Parcel: R-2 Zoning Proposed Zoning Proposed 55th St. South Rock Rd. Derby City Limits Firefly Estates Sky Ridge Addition Derby City Limits Derby North Middle School Page 8 of 10  P ro p o s e d R -1 (S in g le F a m ily ) to R -2 (Tw o -F a m ily ) A re a P ro p o s e d R -1 (S in g le F a m ily ) to B -3 (G e n e ra l B u s in e s s ) A re a 55th St S Angels Landing St Rock Rd Liberty Ln Amber Ridge St Bellows St Hanscom St W hittier St Sky Ridge St Joel Ln Aden Ct Hickam St Cocos Ct Palisade St Amber Ridge St Liberty Ln Akashi Ct Stari M ost St Palisade St 58th St S Legend Gorda St D e rb y C ity L im it s Zoning Zone "R -1 " S in g le -Fa m ily R e sid e n t ia l "R -1 A " S in g le -Fa m ily/ Z e ro L o t L in e "R -1 B " L o w -D e n sit y S in g le -F a m ily R e s id e n t ia l "R -1 C " S u b u rb a n S in g le -F a m il y R e s id e n t ia l "R -2 " Tw o -Fa m ily R e sid e n tia l Freedom St "R -3 " M u lti-F a m ily R e sid e n t ia l - (1 5 d u /a cre ) "R -4 " M u lti-F a m ily R e sid e n t ia l - (2 5 d u /a cre ) "M H -1 " M a n u fa c tu re d /M o b ile H o m e P a rk "I-1 " I n st itu t io n a l "B -1 " O ff ice B u s in e ss Splitwood W ay Ct Splitw ood W ay St "B -2 " N e ig h b o rh o o d B u sin e s s "B -2 A " B u ck n e r B u sin e ss D ist ric t "B -3 " G e n e ra l B u sin e ss "B -4 " C e n t ra l S h o p p in g W hittier St "B -5 " R e s tric t e d C o m m e rc ia l, W a re h o u sin g , L im it e d M a n u f a ct u rin g "M -1 " I n d u s tria l St "P U D " P la n n e d U n it D e v e lo p m e n t "N R -P U D " N o n -R e s id e n t ia l P la n n e d U n it D e ve lo p m e n t Alise St on e rs P ro p o s e d R e z o n in g E x h ib it Em Page 9 of 10  EXHIBIT "A" YAZDANI PROPERTY DERBY, SEDGWICK COUNTY, KANSAS 0 150 300 Scale: 1" = 300' E:\Projects\Yazdani Property 55th & Rock_24-02-P982\Plat\Drawings\Zoning A_9-24-24.dwg September 24, 2024 BAUGHMAN COMPANY Page 10 of 10 315 Ellis St. Wichita, KS 67211 316-262-7271 BaughmanCo.com