PUBLIC HEARING ITEM:
ITEM NO. 15A: A TO RM-1; 2.73 ACRES; SOUTH OF OVERLAND DRIVE AND EAST OF E 1000 (QUEENS ROAD) (PGP)
Z-03-13-04: A request to rezone approximately 2.73 acres from A (Agricultural) District to RM-1 (Multi-Family Residential) District. The property is generally described as being located south of Overland Drive and east of E 1000 (Queens) Road. Submitted by The Peridian Group, for C.F.M., L.L.C., property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District; Undeveloped.
Surrounding Zoning and Land Use: PRD-2 (Planned Residential Development) District to the north; Undeveloped multiple-family lot.
A (Agricultural) District to the east, south, and west; Undeveloped to the east and west, single-family house to the south.
Reason for Request: Provide for a multiple-family residential development of the property.
CRITERIA FOR EVALUATION
Per Section 20-1809, in the evaluation of a request for the rezoning of a property, the criteria for evaluation shall include, but not be limited to, the following 8 items:
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The property is adjacent to A (Agricultural) Districts and a PRD-2 (Planned Residential) District. The predominant uses of the property nearby will be a mixture of office/multiple-family and single-family residential uses.
II. CHARACTER OF THE AREA
Staff Finding –The property is an undeveloped parcel, approximately 2.3 acres in area (2.7 acres to centerline of roads), located at the southeast corner of Overland Drive and Queens Road. The property is currently heavily wooded with a 9% downward slope from west to east.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “The property is suitable for multi-family development. Property is at intersection of two collector roads.”
The subject property’s has maintained the current zoning designation of A (Agricultural) District since annexation. This is a county designated zoning district that the parcels in this area have maintained until a city zoning designation per the owner’s request. The subject property is no longer suitable for the existing agricultural zoning district. The applicant has also submitted a Preliminary Plat (PP-03-08-04) for the site, which is the next step in the development of the property for the proposed multiple-family use.
Access/Public Improvements
The site is located at the southeast corner of Overland Drive and Queens Road (E 1000 Road). The Traffic Engineer and City Engineer have reviewed the proposed access which was incorporated into the applicant’s preliminary plat.
There are nearby municipal water and sanitary sewer lines which are available to connect with this property.
Staff Finding – In staff’s opinion, the property is no longer suitable for the existing A (Agricultural) use. A rezoning to RM-1 would be consistent with the existing and proposed development in the area.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
In 1966, this area was outside the city limits. The requested rezoning area was previously annexed into the city. Prior to the annexation, the county designated zoning was A (Agricultural) District.
Staff Finding - The property has been zoned A (Agricultural) District since 1966. It was annexed in 2001/2002 in anticipation of W. 6th street improvements.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “None”
Staff Finding – Removal of the restrictions and rezoning to an RM-1 (Multiple-family Residential) District will not detrimentally affect nearby property. Multiple-family development of the property will require a future site plan approval.
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
Applicant’s Response: “No hardship will be imposed. Multi-family development will conform to Park West Subdivision just north of property.”
Staff Finding The rezoning of the site to a multiple-family residential district, would provide a relative gain to the public health, safety, and welfare by providing for a use of the property which will fit into the proposed development of the area and which will provide a housing option for home owners in the community.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “Horizon 2020 calls for medium density residential development.”
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.
Medium-density residential development, reflecting an overall density of 7 to 15 dwelling units per acre, is recommended at selected locations along major roadways, near high-intensity activity areas, and when adjacent to important natural amenities as cluster development. This type of land use may be a likely choice for cluster development where density can be transferred from the natural area to the remainder of the property to creatively retain natural features which will enhance the overall development.
The Northwest Plan, adopted by the Lawrence City Commission on January 28, 1997, identified Section 28 to be planned as an urbanized area, with higher intensive land uses toward 6th Street and lower intensive land uses toward the north of Section 28. This downward gradation of intensity should apply to all land use categories. The subject property is location in the Southwest quarter of Section 28.
Multiple-family residential land uses (duplex through multi-unit apartments) is primarily planned only in the southern portions of Sections 28 and 29. Multiple family land use in the context of this plan should be limited to medium density, 15 dwelling units per acre, or lower.
RM-1 requires a minimum lot area of 3,500 square feet per dwelling unit, which roughly equates to 12 dwelling units per net residential acre.
Staff Finding – The proposed request to RM-1 (Multiple-family Residential) District would be consistent with the policies of the City’s Comprehensive Plan, Horizon 2020 and with the adopted Northwest Plan.
VIII. PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of the 2.7291 acre area from A (Agricultural) District to RM-1 (Residential Multiple-family) District and forwarding the recommendation to the City Commission based on the findings of fact listed in the body of the staff report and subject to the following condition: