Office of Planning and Development207 N First St | Westmoreland, KS 66549PottCounty.org | 785.457.3551

Planning CommissionStaff Report

Consent Agenda 4A: Re-Plat Horseshoe Creek Subdivision

Background

Horseshoe Creek Subdivision was approved in February, 2015, and is located approximately½ mile north of Rock Creek High School on Flush Rd.

The re-plat is to extend a portion of the existing ingress/egress easement to better reflectthe location of the existing driveway, and to vacate unused utility easements.

Agenda Item 6A: Rezoning Request

Applicant: Taussig LandscapeProperty Owners: Thomas Woodruff, Lisa Killgore-Woodruff, Timothy WoodruffCurrent Zoning: A1 - AgricultureRequested Zoning: CN - Commercial Neighborhood

Background

Applicant is requesting to rezone a seven acre tract located generally at the corner ofAppleyard Rd and US-24 from A1 - Agriculture to CN - Commercial Neighborhood.

Vicinity Map

State Hwy 24

Appleyard

Road

Prairie Fire Lane

Melissa Vue

GrassyKnoll D

rive

State Hwy 24

Tract tobeRezoned

Office of Planning and Development207 N First St | Westmoreland, KS 66549PottCounty.org | 785.457.3551

CN allows uses that are intended to serve the surrounding neighborhoods. Uses such asrestaurants, offices, personal services such as salons, travel agencies, and other similaruses, small-animal vet clinics, nursery and garden sales, and other uses.

A site plan is required for structures built in CN. Site plans must be approved by thePlanning Commission. There are some design requirements within CN such as pavedparking, screening from abutting residential properties, lighting requirements, andappearance and design requirements for the buildings. Some of these requirements can bewaived by the Planning Commission during the site plan approval process.

Analysis

The Planning Commission to consider seven factors when determining the suitability of arezoning request. Below are the seven factors with findings of fact related to each factor.

Character of the neighborhood: The character of the surrounding neighborhood is amixture of suburban residential on two- to three-acre lots and agricultural uses. The tracthas access to a paved road, and US-24 is just north of the seven acre tract.

Zoning and uses of nearby properties: Most of the adjacent properties are zoned A1 -Agriculture. The properties along the west side of the tract are zoned R-1 Single-FamilyResidential, and, while not adjacent, there is a nearby residential subdivision also zoned R-1Single-Family Residential. The uses of the nearby properties are single-family residentialand agricultural uses.

The suitability of the property to which it has been restricted: The property hasalways been zoned A1. However, due to the proximity of the tract to US-24, the paved roadaccess, and the presence of numerous single-family neighborhoods nearby, the tract may nolonger be suitable for agricultural uses.

State Hwy 24

Appleyard

Road

Prairie Fire Lane

Melissa Vue

GrassyKnoll D

rive

State Hwy 24

Tract tobeRezoned

Zoning Map R-1 Single-family

Office of Planning and Development207 N First St | Westmoreland, KS 66549PottCounty.org | 785.457.3551

The extent to which the decision would detrimentally affect nearby property: Thereis likely to be an increase in traffic on Appleyard Rd to US-24 from this request. The usespermitted within the CN zoning are intended to serve nearby residential neighborhoods andnot cause undue disturbances to those neighborhoods.

The length of time the property has remained vacant as zoned: The tract has alwaysbeen vacant.

The relative gain to the public health, safety, and welfare of the public as a resultof denying this request as compared to the hardship imposed upon the individuallandowner: This is to be determined through the public comment phase of the publichearing.

Conformance to the Comprehensive Plan: The tract is covered by the PottawatomieCounty Comprehensive Plan. In the Plan, this tract is designated as “Suburban”. There aretwo land use characters covered by the Suburban designation: Suburban Residential andSuburban Commercial

Suburban Residential is defined as predominantly single-family residential uses with lotstypically between one and half and three acres in size. The designation also notes that“Neighborhood-scale commercial uses are expected to emerge over time and should beencouraged on corner sites or other locations within (or near the edge of) single-familyresidential areas that are best suited to accommodate such uses while ensuringcompatibility with nearby residential uses.”

Suburban Commercial is defined as commercial uses with less site coverage and more greenand open space than typical auto-oriented development. Uses such as retail, offices, andservices are appropriate at scales that take into account the surrounding neighborhood.These uses should be encouraged at high-profile roadway corridors, and the scale andintensity of uses should be limited to ensure compatibility with the surroundingneighborhoods.

State Hwy 24

Appleyard

Road

VineyardRoad

Prairie Fire Lane

Berry Lane

Melissa Vue

Amanda Lane

Firethorn

Point

Liberty Circle

GrassyKnoll D

rive

State Hwy 24

Tract tobeRezoned

Suburban Urban Impact AreaFuture Land Use Map

Office of Planning and Development207 N First St | Westmoreland, KS 66549PottCounty.org | 785.457.3551

Staff Recommendation

Staff recommends that Planning Commission approve the rezoning as requested due to thereasons stated above, notably, the request’s conformance with the Comprehensive Plan. Ifthe tract should be rezoned, a site plan would be required for any building within the zonedarea. As part of the site plan, the building would have to comply with any designrequirements within the CN zoning district.

Actions

1. Approve the rezoning request based on the findings and recommendations presented.

2. Deny the request and state the purposes for that denial

3. Table the request for a later date with specific requests for Staff.

Protest Petition

The Planning Commission is only a recommending body to the Board of CountyCommissioners (BOCC) for rezoning requests. Upon completion of the public hearing withthe Planning Commission, Kansas statutes require a minimum 14 day waiting period beforethe request is considered by the BOCC. The 14 day waiting period allows the propertyowners within the notification area, the opportunity to file a protest petition with the CountyClerk’s Office. If the protest petition is deemed to be valid, it then requires a unanimousdecision by the BOCC in order for the request to be approved.

To be considered a valid protest petition, it must be filed within 14 days from the completionof the public hearing by the Planning Commission, and signed by the owners of record oftwenty percent (20%) or more of any real property proposed to be rezoned, or by theowners of record of twenty percent (20%) or more of the total real property located withinone thousand (1,000) feet of the boundary of the property proposed to be rezoned,excluding streets and public ways.

NORTHEAST CORNER

NORTHWEST QUARTER

(NORTH QUARTER CORNER)

SECTION 32, T8S, R9E

FOUND 5/8" IRON BAR

WITH PLASTIC CAP

FROM PREVIOUS SURVEYS

BY FORCE LAND SURVEYING

SOUTHEAST CORNER

NORTHEAST QUARTER

(EAST QUARTER CORNER)

SECTION 32, T8S, R9E

FOUND 5/8" IRON BAR

OF UNKNOWN ORIGIN

FROM PREVIOUS SURVEYS

BY FORCE LAND SURVEYING

AND OTHERS

SOUTHEAST CORNER

SOUTHWEST QUARTER

(SOUTH QUARTER CORNER)

SECTION 32, T8S, R9E

RESET 5/8" IRON BAR

WITH PLASTIC CAP OVER

1-1/4" IRON BAR FOUND

FROM PREVIOUS SURVEYS

BY FORCE LAND SURVEYING

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NORTHEAST CORNER

NORTHWEST QUARTER

SOUTHWEST QUARTER

SECTION 32, T8S, R9E

SET 5/8" IRON BAR

WITH PLASTIC CAP BY

PROPORTIONATE METHOD

SOUTHEAST CORNER

NORTHWEST QUARTER

SOUTHWEST QUARTER

SECTION 32, T8S, R9E

SET 5/8" IRON BAR WITH

PLASTIC CAP AT INTERSECTION

OF SIXTEENTH SECTION LINES

SOUTHWEST CORNER

NORTHWEST QUARTER

SOUTHWEST QUARTER

SECTION 32, T8S, R9E

SET 5/8" IRON BAR

WITH PLASTIC CAP BY

PROPORTIONATE METHOD

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SOUTHWEST CORNER

SOUTHWEST QUARTER

SECTION 32, T8S, R9E

FOUND ALUMINUM MONUMENT

FROM PREVIOUS SURVEYS

BY FORCE LAND SURVEYING

AND OTHERS

0 200 400 600

SCALE 1" = 200'

NORTHWEST CORNER

SOUTHWEST QUARTER

(WEST QUARTER CORNER)

SECTION 32, T8S, R9E

FOUND STONE FROM

PREVIOUS SURVEYS BY

FORCE LAND SURVEYING

NORTHEAST CORNER

SOUTHWEST QUARTER

(CENTER QUARTER CORNER)

SECTION 32, T8S, R9E

SET 5/8" IRON BAR

WITH PLASTIC CAP AT

INTERSECTION OF

QUARTER SECTION LINES

CO

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#

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(FLU

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)

DESCRIPTION:

THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF

SECTION 32, TOWNSHIP 8 SOUTH, RANGE 9 EAST OF THE SIXTH PRINCIPAL MERIDIAN IN

POTTAWATOMIE COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (CENTER QUARTER

CORNER) OF SAID SECTION 32, SAID CORNER BEING MARKED BY 5/8” IRON BAR WITH A

PLASTIC CAP; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SOUTHWEST

QUARTER OF SAID SECTION 32 ON AN ASSUMED BEARING OF

SOUTH 00 DEGREES 23 MINUTES 25 SECONDS WEST A DISTANCE OF 659.73 FEET TO A POINT

MARKED BY A 5/8” IRON BAR WITH A PLASTIC CAP AT THE SOUTHEAST CORNER OF THE

NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID

SECTION 32; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF THE

NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32 ON A

BEARING OF

NORTH 89 DEGREES 26 MINUTES 20 SECONDS WEST A DISTANCE OF 1322.60 FEET TO A POINT

MARKED BY A 5/8” IRON BAR WITH A PLASTIC CAP AT THE SOUTHWEST CORNER OF THE

NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID

SECTION 32; THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTH HALF OF THE

NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32 ON A

BEARING OF

NORTH 00 DEGREES 32 MINUTES 42 SECONDS EAST A DISTANCE OF 659.90 FEET TO A POINT

MARKED BY A 5/8” IRON BAR WITH A PLASTIC CAP AT THE NORTHWEST CORNER OF THE

NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID

SECTION 32; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTH HALF OF THE

NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32 ON A

BEARING OF

SOUTH 89 DEGREES 25 MINUTES 53 SECONDS EAST A DISTANCE OF 1320.82 FEET TO THE POINT

OF BEGINNING, CONTAINING 20.020 ACRES, SUBJECT TO THE RIGHT OF WAY OF COUNTY

ROAD #8-A (FLUSH ROAD) ON THE EAST SIDE THEREOF AND SUBJECT TO ANY

OTHER EASEMENTS AND RESTRICTIONS OF RECORD.

FOUND ALUMINUM MONUMENT

FROM PREVIOUS SURVEY BY

SLOAN & MEIER SURVEYORS

FOUND 1/2" IRON BAR

AT CENTERLINE OF

POTTAWATOMIE COUNTY

PROJECT No. M83-127(2)

FOUND 1" IRON BAR

CENTERLINE OF

COUNTY ROAD #8-A

(FLUSH ROAD)

GENERAL NOTES

1) THE BASIS OF BEARINGS FOR THIS SURVEY IS ASSUMED. THE EAST LINE OF THE

SOUTHWEST QUARTER OF SECTION 32 IS ASSUMED SOUTH 00 DEGREES 23

MINUTES 25 SECONDS WEST.

2) ALL MEASUREMENTS (BEARINGS AND DISTANCES) ARE MEASURED UNLESS

OTHERWISE NOTED.

3) THIS PROPERTY IS ZONED AR - AGRICULTURE/RESIDENTIAL

4) EACH LOT WILL BE SERVED BY AN INDIVIDUAL SEPTIC SYSTEM AS APPROVED BY

THE POTTAWATOMIE COUNTY SANITARIAN.

5) DETAILS ARE NOT TO SCALE.

6) THIS PLAT IS TO COMBINE ALL UTILITY AND INGRESS/EGRESS EASEMENTS THAT

ARE DESCRIBED IN THREE SEPERATE DOCUMENTS AND TO REMOVE

UNNECESSARY UTILITY EASEMENTS.

POINT OF BEGINNING

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FINAL PLAT

of

HORSESHOE CREEK SUBDIVISION

UNIT TWO

a replat of

HORESHOE CREEK SUBDIVISION

Pottawatomie County, Kansas

POTTAWATOMIE COUNTY PLANNING BOARD

State of Kansas )

) SS:

County of Pottawatomie)

Approved this____________day of ________________________, 2020 A.D.

POTTAWATOMIE COUNTY

PLANNING BOARD

____________________________ ______________________________

Chairman Secretary

Andrew Klein Marci Wood

COUNTY OFFICIALS

___ _____________________________________________________

County Counselor County Zoning Administrator

John Watt Gregg Webster

County Engineer County Planner

Peter Clark Stephan Metzger

______________

County Sanitarian

Scott Schwinn

OWNER’S CERTIFICATE

State of Kansas )

) SS:

County of Pottawatomie)

This is to certify that the undersigned are the owners of the land hereon

described on this plat, and that they have caused the same to be surveyed

and subdivided as indicated thereon, for the uses and purposes herein set

forth, and do hereby acknowledge and adopt the same under the style and

title indicted.

All street right-of-way as shown on this plat are hereby dedicated to the

public. An easement or license to the public to locate, construct and maintain

or authorize the location, construction and maintenance of poles, wires, conduits,

water, gas and sewer pipes or required drainage channels or structures upon the area

marked for easements on this plat is hereby granted.

Given under my hand at_______________________, Kansas this

____________day of __________________________, 2020 A.D.

_________________________________ _____________________________________

Layton A. Thomas Karla M. Thomas

Tyrone D. Wilkens Amy D. Wilkens

CERTIFICATION:

State of Kansas )

) SS:

County of Pottawatomie)

I the undersigned do hereby certify that I am a registered Land Surveyor

in the State of Kansas with the experience and proficiency in land surveying;

that the heretofore described property was surveyed and subdivided by me or under

my supervision, that all subdivision regulations of Pottawatomie County, Kansas,

have been complied with in the preparation of this plat; and that all monuments

shown herein actually exist and their positions are correctly shown to the best

of my knowledge and belief.

Given under my hand and seal at Westmoreland, Kansas this_____________________day

of ____________________________________________, 2020, A.D.

_____________________________

Terry Force, R.L.S. 811

CERTIFICATE OF COUNTY COMMISSION

State of Kansas )

) SS:

County of Pottawatomie)

Approved this________day of _________________________________,2020 A.D.

BOARD OF COUNTY COMMISSIONERS

OF POTTAWATOMIE COUNTY, KANSAS

____________________________

Chairman

Deloyce McKee

____________________________

Vice Chair

Dennis P. Weixelman

Member

Greg Riat

ATTEST:

___________________________

County Clerk

Nancy McCarter

NOTARY CERTIFICATE

State of Kansas )

) SS:

County of Pottawatomie)

BE IT REMEMBERED, That on this_______day of_____________A.D. 2020

Before me, the undersigned, a notary public in and for the County and State aforesaid do hereby certify

that Layton A. Thomas, Karla M. Thomas, Tyrone D. Wilkens And Amy D. Wilkens who are personally known

to me to be the same persons whose names are subscribed to the foregoing instrument as such owners,

appeared before me this day in person and acknowledge the execution and delivery of this plat as a free

and voluntary act for the uses and purposes set forth herein.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal the day and year last

above mentioned.

_____________________________

Term expires Notary Public

_____________________________

Print Name

This survey has been reviewed and approved for filing pursuant to KSA

58-2005 for context only and is in compliance with this Act. No other

Warranties are extended or implied.

Approved:_______________________________________________________

License Number:___________Date:__________________________________

FOUND MONUMENT

(AS INDICATED)

SET

5

8

" IRON BAR WITH PLASTIC

CAP STAMPED 'FORCE LS-811'

UTILITY EASEMENT

BUILDING SETBACK LINE

AND UTILITY EASEMENT

RESTRICTED ACCESS

PRIVATE INGRESS/EGRESS

EASEMENT AND UTILITY

EASEMENT

COMPUTED POINT

LEGEND

DEVELOPER:

Layton A. Thomas and Karla M. Thomas

5955 Flush Road

St. George, Kansas 66535

LS-811

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MAG SPIKE AT

POINT OF INTERSECTION

OF CENTERLINE OF

FLUSH ROAD

Flood Note:

FIRM (Flood Insurance Rate Map) Community - Panel No. 200621 0375E,

Effective Date Dec. 4, 2012, indicates the area being platted is in Flood

Zone “X”, areas determined to be outside the 1% (100 yr.) and 0.2% (500 yr.)

annual chance flood areas.

ROAD RIGHT OF WAY

DEDICATED TO THE

PUBLIC

N 89°26'06" W 340.01'

N 89°26'06" W 525.01'

S 89°26'06" E 339.93'

N 00°33'54" E

40'

N 01°10'50" W

13'

N 84° E

150'

S 85° E

175'

S 82°07'53" E

52.04'

N 00°08'12" E

30'

S 89°26'06" E

150'

INGRESS/EGRESS

EASEMENT FOR

SHARED DRIVEWAY

(PER ORIGINAL PLAT)

10' UTILITY EASEMENT

ESTABLISHED BY PREVIOUS

AGREEMENT DATED

SEPT. 29, 2015

BOOK 712 PAGE 6

EXISTING GRAVEL DRIVE

PROPOSED UNDERGROUND

UTILITY ROUTE

INGRESS/EGRESS

AND UTILITY EASEMENT

BOOK 713 PAGE 120

EXISTING PLATTED

UTILITY EASEMENT

POINT OF BEGINNING

INGRESS/EGRESS

AND UTILITY

EASEMENT

1.29 acres

(SEE DETAIL)

DETAIL

Date

Scale

Sheet No.

Project No.

FO

RCE

L

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URVEYIN

G

PREPARED

BY

TERRY FO

RCE, RLS

342 M

AIN

STREET

WH

EATO

N, KAN

SAS 66521

Phone:

785-396-4480

Em

ail:

tforce@

bluevalley.net

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11/2/2020

1' = 200"

1 OF 1

98647

VICINITY MAP

PROJECT LOCATION