PUBLIC HEARING ITEM:
ITEM NO. 10A: A TO RS-2; 32.253 ACRES; SOUTH OF W. SIXTH STREET BETWEEN K-10 HIGHWAY AND GEORGE WILLIAMS WAY (EXTENDED) (SLD)
Z-09-29-02: A request to rezone a tract of land approximately 32.253 acres, from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located 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) to the north, east and west, undeveloped property within the existing city limits.
RS-1 (Single-family Residence District) to the south, existing elementary school.
Reason for Request: Proposed single-family residential development
Related Requests: A to RS-2 32.253 acres
· A to RM-1 14.47 acres
· A to RO-2 7.013 acres
· A to RM-2 12.836 acres
· A to PCD-2 32.713 acres
· Preliminary Plat: 99.28 acres
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 south.
II. CHARACTER OF THE AREA
Staff Finding - Currently there is no defining character for this area. Residential development is located to the east and to the south. An elementary school and public park anchor the developing neighborhood. Residential development is anticipated for this area in the future. This application is part of a lager development package that includes commercial and multi-family residential uses as well.
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 anticipated for residential development for many years.
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 a preliminary and final plat 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 area to the north and east are included in another development request on this same agenda and are discussed separately.
The area to the south and west are undeveloped and a specific land use pattern has not been fully defined. Moderate and high-density residential development is discussed in Horizon 2020 as being located primarily along the South Lawrence Trafficway and Eastern Parkway (Page 64). However, the approval of this request would reduce the desirability for that property to be developed intensively. The parcel to the west is landlocked and requires access via adjacent parcels. This can lead to a condition of multi-family traffic through low-density areas.
The area to the south is zoned for single-family uses, but is owned by USD 497. That property may be used for additional school related facilities/community facility uses or may be further subdivided for residential uses. The land use intensity of an elementary school site is consistent with the proposed single-family development.
Staff Finding - Approval of the request will affect the property to the west and reduce the appropriateness for the property to developed at a higher intensity. Development of the subject property requires additional review and restrictions through the subdivision process.
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 integration of a street network west of George Williams Way north of Harvard Road extended that will integrate with the existing boundary streets in the area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 recommends that large-scale new low-density residential development should be located to the west of the City and will continue to be the predominant land use in the City (Page 63). 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. The proposed single-family development area is the initial phase of this development project. Transitioning between the different land uses types and densities are discussed in the review of the preliminary plat to allow for buffering and connectivity throughout the development.
The 45 acres located west of what is known as Diamond Head was also annexed as part of the W. 6th Street annexation. The current zoning is A (Agricultural District), a county zoning designation. In staff’s sector plans for this area, the following were taken into consideration: the proposed development of Diamondhead, the proposed street configuration recommended in the preliminary plat review, and the development of Langston Hughes instead of a second high school. Based on these considerations, the sector plan staff would recommend incorporates this area into the low-density residential development area shown in the center of the sector plan. In keeping with this plan, Staff recommends the appropriate land use for the north portion (approximately 27 acres or the north 1324’) is RS-2 or a similar low-density planned residential development. Staff recommends the Planning commission initiate zoning for this property to RS-2 or PRD-1 to ensure a reasonable and integrated land use pattern of development for the area north of W.15th, west of George Williams Way and south of W. 6th St/US 40 Hwy.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 32.253 acres from A (Agricultural) to RS-2 (Single-family Residence) and forwarding of 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.
Additional Recommendation:
Planning staff recommends that the Planning Commission forward a recommendation
to the City Commission to initiate annexation rezoning of the following property:
· The north 1324’ of the 45-acre parcel immediately west of the subject property.