PUBLIC HEARING ITEM:
ITEM NO. 10D: A TO RM-2; 12.836 ACRES; SOUTH OF W. SIXTH STREET AND EAST OF K-10 HIGHWAY (SLD)
Z-09-32-02: A request to rezone a tract of land approximately 12.836 acres, from A (Agricultural) District to RM-2 (Multiple-Family Residence) District. The property is generally described as being located south of W. Sixth Street and east of K-10 Highway. 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 garden apartments building, all of which will be built on terraces orienting southwest. 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 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 of the subject property. The South Lawrence Trafficway (K-10 Highway) borders the property along the west. An elementary school and public park anchor the developing neighborhood to the southeast of this area. This application is part of a larger development package that includes commercial, single-family, and mixed-use development options as well. 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.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The purpose of the RM district is described as follows: “The RM Districts are designated to provide areas for medium and high population density. RM districts will consist mainly of (1) areas containing multi-family dwellings (including two-family dwellings) with some single-family dwellings, (2) areas which contain single-family and two family dwellings, are centrally located, and are appropriate to ultimate multi-family development, and (3) open areas where future multi-family development appears desirable. In addition to general purposes applying to RM and RS District, the regulations for the RM districts are designed to encourage the provision of multiple-family accommodations in districts of four permitted densities” [Section 20-603]. The RM-2 district allows a maximum density of 21 dwelling units per acre.
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 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 subject to the approval of both preliminary and final plats as well as site plan approval. Approval of this request will allow higher-density residential development. Horizon 2020 defines high-density residential development as being between 16 and 21 dwelling units per acre (Pg. 64). It should be noted that there is no high density zoning that exists west of Wakarusa Drive and south of W. 6th Street. The property is bounded on the west by the South Lawrence Traffic Way and on the north by proposed commercial development. The area to the south is anticipated for low-density residential development in the future. This will require that the higher density development be designed with appropriate setbacks and buffer to provide a transition of land use between the low-density area and the higher density development.
Staff Finding - Development requires approval of both a preliminary and final plat, which allows for refinement of the layout and that adds additional review prior to construction. 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. The southeast portion of the development would be adjacent to both single-family and mixed office/residential development if the other rezoning requests are approved.
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 planned and anticipated for urban development since the late 1980’s. The proposed request is consistent with anticipated land use for this area. A significant issue at the plat and site plan stages will be building orientation and the provision of a physical buffer between lower-density residential land uses to the south and east and non-residential uses to the north.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The proposed density of the RM-2 district allows a maximum density of 21 dwelling units per acre. This type of development is considered a high-density residential development. Horizon 2020 defines high-density as reflecting an overall density of 16 to 21 dwelling units per acre. RM-2 allows for a mixed use of housing types within the district but excludes professional office uses. With regard to density, the Plan states:
n High-Density Residential Development
High-density residential development, reflecting an overall density of 16 to 21 dwelling units per acre, is recommended at selected locations near high-intensity activity areas or near existing high-density residential developments.
A variety of locations for high-density residential development are recommended. These include sites primarily along the South Lawrence Trafficway and Eastern Parkway.
Large concentrations of high-density housing are not compatible with the overall character and pattern of development of the City and should not be permitted. As with medium-density housing, a range of densities and housing types should be encouraged. The design and development of all new high-density residential development should be carefully controlled to ensure compatibility with surrounding uses, adequate screening and buffering, an attractive appearance from nearby roadways, and a high-quality living environment. [Page 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). The Plan specifically refers to Figure 9 with regard to the location of appropriately located medium and higher-density residential development. Figure 9 depicts the southeast corner of W. 6th Street and the SLT as a suitable location for intensive residential development.
Specific building orientation and access will require further evaluation of the site plan for this portion of the development. 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
Staff has prepared an exhibit for reference regarding the existing RM-2 zoning in the City of Lawrence. The exhibit demonstrates the established land use zoning pattern for RM-2. There is no area designated for higher-density land uses, essentially west of Monterey Way. It should be noted that much of the RM-2 area historically has developed as single-family detached housing. [Example: proposed RM-2 to RS-2 along W. 8th Street included on this agenda]. Approval of the use will allow the ability to mix land uses in this general area and provide a limited area without encroaching on other low-density development. Specific details regarding access, buffer, screening and building orientation will be critically evaluated as part of the site plan review process. The preliminary plat shows a detention pond located in the southwest corner of the proposed RM-2 parcel. Additionally, there are existing utilities, which will require easements, further reducing the gross acreage and ultimately the intensity of the development.
This property is part of a larger development proposal that includes single-family, commercial and mixed-use developments. 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 12.836 acres from A (Agricultural) to RM-2 (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.