PUBLIC HEARING ITEM:
ITEM NO. 10B: A TO RM-1; 14.467 ACRES; SOUTH OF W. SIXTH STREET BETWEEN K-10 HIGHWAY AND GEORGE WILLIAMS WAY (EXTENDED) (SLD)
Z-09-30-02: A request to rezone a tract of land approximately 14.467 acres, from A (Agricultural) District to RM-1 (Multiple-Family Residence) District. The property is generally described as being located at the south of W. Sixth Street between K-10 Highway and George Williams Way (extended). Submitted by Brian Kubota for Diamond Head Limited Partnership, property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural District); unimproved land.
Surrounding Zoning and Land Use: A (Agricultural District) in all directions, undeveloped property within the existing city limits. (Refer to additional items regarding proposed surrounding zoning).
RS-1 (Single-family Residence District) to the far south, existing elementary school.
Reason for Request: “This land is planed to have two to six unit buildings, all of which will be built to a condominium concept. It is envisioned that part will be for families and another part for empty nesters.”
See Z-09-29-02 and the Preliminary Plat for Diamondhead for a summary of related requests.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - A majority of the area is zoned for agricultural purposes. This area was annexed as part of the W. 6th Street annexation project but was not rezoned to a comparable city zoning designation. The immediately surrounding area is undeveloped with the exception of the elementary school to the far south.
II. CHARACTER OF THE AREA
Staff Finding - Currently there is no defining character for this area. Residential development is located to the far east of the subject property. An elementary school and public park anchor the developing neighborhood. Residential development is anticipated for this area in the future. The subject is adjacent to a designated collector street (George Williams Way). This application is part of a larger development package that includes commercial, single-family, and multi-family residential options as well. The subject property is located along an adjacent collector road to the east and will be bounded by a drainage area on the west. Access can be provided via an internal street connection within the overall development or by limited access to George Williams Way. The specifics of this arrangement will be evaluated as part of the subdivision plat and site plan processes.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding - The current Agricultural district zoning designation is inappropriate since the property has been annexed into the City of Lawrence. This area was previously located within the Urban Growth Area and has been planned and anticipated for urban development for many years. The proximity and anticipated traffic of George Williams Way, a collector street between W. 6th Street and W. 15th Street reduces the appropriateness of low-density residential development for this property. This collector will provide north/south access within and through the adjacent developing neighborhoods.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property is unimproved and has been zoned A (Agricultural) since the adoption of County zoning in 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Approval of this request will add restrictions to development of the property and limit the housing type and density. Development requires approval of both a preliminary and final plat, which allows for refinement of the layout and additional review prior to construction. The area to the north and west are included in another development request on this same agenda and are discussed separately. The surrounding area is undeveloped and a specific land use pattern (through platting and zoning) has not been fully defined.
Staff Finding - Approval of this request will not affect surrounding property. This property is bounded on the east by a public street. The area to the west and south is proposed for single-family uses and includes a physical separation between the proposed multi-family and single-family use by way of a natural drainage area that is being incorporated into the overall development (refer to preliminary plat). It should be noted that direct access to George Williams Way should be limited and controlled through the plat and site plan processes.
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
Staff Finding - This area has been anticipated for residential development since the late 1980’s. The proposed request is consistent with anticipated land use for this area. A significant issue will be the establishment and location of individual curb cuts and building orientation within this property to the surrounding street network in the area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The proposed density of the RM-1 district would allow a maximum development of 12 dwelling units per acre. This type of development is considered medium-density residential development. Horizon 2020 defines medium density as reflecting an overall density of 7 to 15 dwelling units per acre. The plan recommends that this land use should be located along major “roadways, near high-intensity activity areas, and when adjacent to important natural amenities as cluster development”. The plan further recommends that medium density be comprised of a mix of housing types including: “detached, attached homes, cluster homes, townhomes and similar housing types” (Page 63-64).
The plan recommends that compatible transitions from low-density residential development to more intensive land uses be provided (Residential Land Use Goal 6, page 79). This may be accomplished using building relationships, land features and landscaping. The Plan recommends that suitable sites should be identified and specifically “medium- and higher-density developments should be arranged in small clusters as transitions from more intensive land uses or located at the intersection of major streets” (page 81).
Municipal services can be extended to this property. The plan further provides recommendations for lot orientation and access discussed as part of the preliminary plat review.
Staff Finding - The proposed request conforms with the land use recommendations found in Horizon 2020.
STAFF REVIEW
This property is part of a larger development proposal including duplex, multi-family, commercial and mixed-use development. A preliminary plat accompanies these rezoning requests. Transitioning between the different land use types and densities is recommended in Horizon 2020 and discussed in the review of the preliminary plat (same agenda) to allow for buffering and connectivity throughout the development.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 14.47 acres from A (Agricultural) to RM-1 (Multiple-Family Residence) and forwarding it to the City Commission with a recommendation for approval subject to the findings of fact found in the body of the staff report and subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning ordinance.