PUBLIC HEARING ITEM:
ITEM NO. 10C: A TO RO-2; 7.013 ACRES; SOUTH OF W. SIXTH STREET AND WEST OF GEORGE WILLIAMS WAY (EXTENDED) (SLD)
Z-09-31-02: A request to rezone a tract of land approximately 7.013 acres, from A (Agricultural) District to RO-2 (Residence-Office) District. The property is generally described as being located south of W. Sixth Street and west of 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).
Reason for Request: “This land is planned to have affordable office condominium building sites.”
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 and residential uses to the far east.
II. CHARACTER OF THE AREA
Staff Finding - Currently there is no defining character for this area. Residential development is located to the far east the subject property. An elementary school and public park anchor the developing neighborhood to the southeast. 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 not located along any existing right-of-way. Proposed local streets would be located along the north boundary line and the east boundary line. Individual lots would also be located along a portion of the south boundary line (refer to preliminary plat). Access can be provided via an internal street connection within the overall development. The specifics of this arrangement will be evaluated as part of the subdivision plat and site plan processes. The RO district is a transition district that allows for mixed residential and office uses between low-density residential areas and higher-intensity land uses.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The purpose of the RO district is described as follows: “The RO District is designed to primarily provide mixed use areas for professional offices, medical and dental clinics and similar types of uses that are compatible with and can be located adjacent to or in combination with single, duplex or multiple-family residential uses without undue harmful effects to the residential uses” [Section 20-606]. The RO-2 District is specifically designed as a “lower density district, where residential uses are restricted to single-family or duplex structures, to be located adjacent to or near single-family and restrictive commercial areas” [Section 20-606(a)(4)].
The review of this request is based on the orientation of the proposed development pattern shown on the Preliminary Plat and the general land use descriptions and recommendations in Horizon 2020. This review must be placed in context with the review of the preliminary plat for the subject property and surrounding rezoning requests.
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. Intensive land uses are anticipated along W. 6th Street and low-density residential uses are anticipated to the south near the elementary school. There is a need for a land use transition in this general area.
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. Approval of this request will allow a mixed office/residential development that will provide a transition of land use intensity between the anticipated commercial development to the north and the proposed residential development to the south.
Development requires approval of both a preliminary and final plat, which allows for refinement of the layout and additional review. The implication of approval of this request relates to the anticipated land use of the adjacent properties. The areas to the north and east are included in another development request on this meetings agenda and are discussed separately. The surrounding area is undeveloped and a specific land use pattern has not been fully defined.
Staff Finding - Approval of this request will allow a mixed office/residential development that will provide a transition of land use intensity between the anticipated commercial development to the north and the proposed residential development to the south. Approval of the request will not affect surrounding property.
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 urban development since the late 1980’s. The proposed request is consistent with anticipated land use for this area. A significant issue will be building orientation and the provision of an actual buffer between residential and non-residential uses.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The proposed density of the RO-2 district would allow density comparable to the RM-D and RM-1 districts, while limiting the housing type to either single-family detached or duplex units. This type of development would be considered as a medium density residential development. Horizon 2020 defines medium density as reflecting an overall density of 7 to 15 dwelling units per acre. It is also a mixed use district that allows a combination of residential and office uses within the same development. With regard to density, the Plan recommends the location of medium-density development 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 request 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 discussed in the review of the preliminary plat to allow for buffering and connectivity throughout the development.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 7.013 acres from A (Agricultural) to RO-2 (Residence-Office District) 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.