PUBLIC HEARING ITEM:
ITEM NO. 14: A TO PRD-2; 25.214 ACRES; NORTH OF 6TH STREET AND WEST OF FOLKS ROAD (BPD/BH)
SUMMARY
Z-06-20-03: A request to rezone a tract of land (approximately 25.214 acres) from A (Agricultural) District to PRD-2 (Planned Residential) District. The property is generally described as being located at the northwest corner of West Sixth Street and Folks Road. Carolena Ltd. and Henrysflower LLC are the property owners of record. Initiated by the City Commission on June 3, 2003 by Ordinance No. 7651, Section 3. This item was deferred by the Planning Commission at its July 23, 2003 meeting. This item was tabled by the Planning Commission at its October 1, 2003 (an extension of the September 24, 2003) meeting. This item was deferred by the Planning Commission at its January 28, 2004 meeting.
This rezoning request is part of a larger proposal that includes two other rezoning requests (Z-06-18-03 and Z-06-19-03). These rezoning requests are predicated on an area plan for the West 6th Street/Wakarusa Drive intersection area that was developed in response to City Commission direction. All three rezoning requests are on this month’s Planning Commission agenda. The Area Plan was recommended for approved by the Planning Commission at its October 1, 2003 (an extension of the September 24, 2003) meeting and approved by the City Commission at its December 2, 2003 meeting.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District; cultivated cropland.
Surrounding Zoning and Land Use: RS-1 (Single-Family Residential) District to the north and northwest; public/institutional (Free State High School Complex).
RO-1B (Residential-Office) District to the north; multiple-family residential (garden apartments).
PRD-1 (Planned Residential Development) to the northeast; single-family residential.
PRD-2 to the east; multiple-family residential (garden apartments).
RO-1B District to the east and southeast; developing office (bank), undeveloped.
O-1 (Office) District to the south; undeveloped.
RO-1A District to the south; multiple-family residential (garden apartments).
PCD-2 to the south and southwest; commercial, office.
A District to the west with a pending rezoning to PCD-2 (Z-06-19-03) with restrictions; cultivated cropland.
Reason for Request: Initiated by the Lawrence City Commission on June 3, 2003.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The subject property is located at the northwest corner of West 6th Street and Folks Road. The property is bounded by Overland Drive to the north, Folks Road to the east, West 6th Street to the south, and Champion Lane (right-of-way) to the west. The property is within the incorporated city limits of the City of Lawrence.
There is a wide variety of land uses and zoning patterns surrounding the subject property. Development patterns around the property occurs in various stages ranging from undeveloped lands to the east and south and cultivated cropland to the west to commercial and office development to the south and southwest and single- and multiple-family residential development to the north, northeast, east, and south. Public and institutional uses are located to the north and northwest of the property.
Zoning patterns around the property include RS-1 to the north and northwest; RO-1B to the north; PRD-1 to the northeast; PRD-2 to the east; RO-1B to the east and southeast; O-1 to the south; RO-1A to the south; PCD-2 to the south and southwest; and A to the west with a pending rezoning to PCD-2 (Z-06-19-03) with restrictions.
II. CHARACTER OF THE AREA
The subject property is within the City limits and is surrounding on three sides by urban development. Located across Overland Drive to the north and northwest is the Free State High School complex. Residential development is located to the north, northeast, and east across Overland Drive and Folks Road. Housing types range from single-family dwelling units to garden apartments. East of the subject property, across Folks Road, is a developing bank building and areas of undeveloped land.
Single-family dwellings are also located to the southeast, across West 6th Street. Located across West 6th Street immediately to the south is undeveloped land which is planned for offices. Directly south of the office development an area plan has been approved (June 2003) for single-family and multiple-family residential development. In addition to the proposed residential development, there are existing apartments and single-family residences found in this area.
Located to the south and southwest across West 6th Street is a variety of commercial and office uses including a bank, fast food restaurant, auto service center, video rental store, supermarket, and a shopping center offering a variety of goods and services. The area to the west across Champion Lane (right-of-way) is currently cultivated cropland. This area is pending a rezoning (Z-06-19-03) which would allow the development of non-retail commercial uses, office uses, medium- to high-density residential development, and/or public/institutional uses to occur.
Staff Finding - The subject property is surrounded by a variety of uses at urban development intensity. These uses include residential, commercial, office, and public/institutional development. Those areas that do remain undeveloped are quickly developing or are planned to be developed in the near future.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property lies in the path of urban expansion of the City. Its current zoning designation (Agriculture) is a remnant of the annexation of this area by the City in 1995. With the County zoning designation, the property is not prepared for urban levels of development that are anticipated in this area. With improvements to City services in and around the area, current restrictions to agriculture and low-density residential development are not suitable or appropriate for the future development of this area.
Staff Finding - The subject property is located inside the corporate limits and may still be used for agricultural purposes. As urban development continues to surround the subject property, the ability to viably continue the agricultural uses on the property diminishes. More intensive urban development is appropriate at this location.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property has been zoned A (Agricultural) District since 1966. It was annexed into the City in 1995.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Rezoning of the 25.214 acres to PRD-2 will increase the potential for new development of medium- to high-density residential living areas, up to a density of 15 units per acre. A PRD-2 designation also has the potential for new non-residential development including religious, cultural, educational, and recreational uses. Approved development plans are also required of new development within PRD-2 districts. A PRD-2 designation also thwarts stripping new commercial development along West 6th Street. Policies in Horizon 2020 support eliminating strip commercial development along City arterials (in this instance West 6th Street).
The rezoning of the subject property to PRD-2 will also serve as a buffer to the existing residential neighborhoods to the north, northeast, and east from the existing and potential commercial activities south of West 6th Street and from the West 6th Street/Wakarusa Drive intersection (which is designated as a Community Commercial Center). It is anticipated that the northwest corner of West 6th Street/Wakarusa Drive will develop into a commercial shopping center. The northeast corner is anticipated to develop with non-retail, commercial uses. The development of both corners will be more intensive than what currently exists.
Staff Finding - Rezoning of the approximately 25.214 acres to PRD-2 will not detrimentally effect nearby property. A PRD-2 designation will serve as a buffer from a principal arterial street and more intensive existing commercial developments to the south, southwest, and west. It also provides a transition between these uses and the less-intensive residential developments to the north, northeast, and east.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Evaluation of this criterion weighs the benefits to the community-at-large versus the benefits to the owners of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public's health, safety and welfare.
Typically, property within the city limits that is zoned for residential uses has a higher value than incorporated agricultural land. Rezoning the subject property from A to PRD-2 will better facilitate the development of the subject property and not place a hardship on the individual landowner.
Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner or the general public.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County. An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan.
In the Commercial Land Use chapter of Horizon 2020, Policy 2.3 – High-Density Residential Development as Transitional Use recommends considering “the use of higher-density residential development as a transitional land use between commercial developments and the surrounding low-density residential neighborhoods” (pg 104). Policy 2.5 – Office, Research, and Semi-Public Development as Transitional Use encourages “using low-intensity office, research and semi-public development as a transition between commercial development and low-density residential neighborhood” (pg105).
The subject property is also in the planning area defined in the Northwest Plan, which was adopted by the Planning Commission and City Commission. The Northwest Plan identifies medium-density residential development appropriate for the plan area, up to a density of 15 units per acre. It is the intent of the Northwest Plan to “step-down” density as it progresses north of West 6th Street (pg. 6). The Northwest Plan Proposed Land Uses Map shows the area of the subject property that is west of Folks Road to be appropriate for office and institutional uses (pg 7).
The subject property is also within the planning area defined in the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive, which has been approved by both the Planning and City Commissions. This Plan identifies medium- to high-density residential development most appropriate for the subject property. It also recommends mixed office/residential development and public/institutional uses appropriate for the intersection corner. The Area Plan also recommends that no building permits be issued for the Area Plan study area until improvements to West 6th Street (west of Folks Road) have been substantially complete. This recommendation is directed at minimizing traffic impacts as a result of building construction being completed prior to the improvements to West 6th Street.
Staff Finding - The rezoning request is in conformance with the long-range comprehensive plans for the subject property. These plans include Horizon 2020, the Northwest Plan, and the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive. The rezoning request helps facilitate the implementation of all three plans.
STAFF REVIEW
This rezoning request is part of a larger proposal for recommending land uses in the West 6th Street/Wakarusa Drive intersection area which extends north of West 6th Street from Congressional Drive to Folks Road. At present, no specific development proposal for the subject property (the northwest corner of the West 6th Street/Folks Road intersection) has been submitted to the Planning Office (although staff has had preliminary discussions with the property owners’ representatives for development of the subject property). The rezoning of the subject property to PRD-2 encourages compatibility of future uses with existing ones. The rezoning of the subject property is appropriate for an increasingly urbanizing area. The rezoning of the subject property is not likely to cause detrimental effects to surrounding neighborhoods or individual property owners.
The rezoning request of the subject property is in conformance with the City’s comprehensive plan, Horizon 2020 and the Northwest Plan, an area plan for four square miles of northwest Lawrence. The rezoning request is also consistent with the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive. The rezoning of the subject property to PRD-2 will facilitate the development of the property as a buffer and transitional area between the more-intensive commercial areas to the south and west and the less-intensive residential areas to the north and east.
In meeting with the property owners’ representatives, Planning staff also considered a designation of POD-2 (Planned Office Development) for the subject property. The owners’ representatives indicated there was more interest in a mixed office-residential development for the subject property as opposed to a strictly residential development. Under a POD-2 designation, residential development is still limited to medium-density, up to 15 units per acre. POD-2 also requires a minimum of fifty percent (50%) of the total building square footage be proposed for office uses. It is Planning staff’s opinion that a POD-2 designation would be appropriate and such a designation is consistent with the long-range plans for the subject property (Horizon 2020, the Northwest Plan, and the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive). Rezoning to POD-2 would require initiation by the Planning Commission as POD-2 is more intensive than PRD-2 based on the Lesser Change Table.
STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning request of approximately 25.214 acres from A (Agricultural) District to PRD-2 (Planned Residential Development) based upon the findings of fact presented in this staff report, and forwarding of this rezoning to the City Commission with a recommendation for approval subject to the following conditions: