PUBLIC HEARING ITEM:

 

ITEM NO. 7A: A TO RS-2; 4.07 ACRES; S.W. CORNER OF W. 6TH STREET (HWY 40) & E 1000 ROAD (QUEENS ROAD) JLT

SUMMARY

 

Z-03-14-04: A request to rezone a tract of land approximately 4.07 acres from A (Agricultural) District

to RS-2 (Single-Family Residential) District. The property is generally described as being located south

of W. 6th Street (Highway 40) and west of E 1000 Road (Queens Road/Branchwood Drive extended). 

Submitted by Williams Spurgeon Kuhl & Freshnock Architects, Inc., for Kansas/Nebraska Association of

Seventh Day Adventist Inc, property owner of record.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:         A (Agricultural) District, unplatted, undeveloped.   

 

Reason for Request:            “City has requested zoning change from agriculture to RS- 2.”  

 

I.       ZONING AND USES OF PROPERTY NEARBY

 

Surrounding Zoning and Land Use:             A (Agricultural) District to the north; unplatted, agricultural uses.

 

A (Agricultural) District to the east; unplatted, rural farm residence.

 

RS-2 (Residence Single-Family) District to the south; single-family homes and platted, undeveloped lots.

 

A (Agricultural) District to the west; unplatted, agricultural uses. 

 

The subject property is located at the southwest corner of Queens Road (E1000)/Branchwood Drive

and W. 6th Street. The 4.07 acre lot is currently unplatted and undeveloped. The applicant is requesting

the zoning change to make the property’s zoning compatible with the existing RS-2 (Residence Single-

Family) District to the south and east of the subject property. A small residential subdivision is located

at the intersection of Branchwood and Stonecreek Drives and is zoned PRD-1 (Planned Residential)

District.

 

Staff Finding – Property to the north, east, and west of the subject property is zoned A (Agricultural) District, representing both agricultural and rural farm residential uses. Property to the south is zoned RS-2 (Residence Single-Family) District with single-family homes and undeveloped, platted lots.    

 

II.      CHARACTER OF THE AREA

 

The subject property is located at the fringe of City development along W. 6th Street. The property,

along with a substantial area west of the then Lawrence city limits, was annexed into the City in 2001.

The subject property and its immediate environs represent primarily agricultural lands transitioning to

residential uses or to uses permitted within residential zoning districts, such as a church. The property,

which sits near the top of hill, provides unbroken views of undeveloped, agricultural land to the west

and to the south.       

 

Staff Finding – The subject property has been zoned A (Agricultural) District since Douglas County Zoning Regulations were adopted in 1966.  

 

III.     SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The purpose of the Douglas County A (Agricultural) District is “to provide for a full range of agricultural activities, including processing and sale of agricultural products raised on the premises, and at the same time, to offer protection to agricultural land from the depreciating effect of objectionable, hazardous and unsightly uses.” The A (Agricultural) District is also intended “to prevent untimely scattering of more dense urban development.”

 

In 2001, the subject property was annexed into the City of Lawrence as part of the Northwest

Lawrence Annexation program. Section 20-504 of Chapter 20, Zoning and Planning of the City Code

addresses zoning of newly annexed areas:

 

ZONING OF NEWLY ANNEXED AREAS.

“All territory which may hereafter be included within the zoning jurisdiction of the City of Lawrence shall retain its county zoning district designation upon annexation into the city and shall be subject to the provisions set forth in the Zoning Regulations for Unincorporated Territory in Douglas County, Kansas.  A rezoning request shall be initiated immediately by the property owner or city.”  (Ord. 5709)

 

The applicant is seeking RS-2 (Residence Single-Family) District zoning to allow for a church use on the

subject property, which is permitted in the RS-2 zoning district; the prevailing residential zoning district

in the area surrounding the subject property.    

 

Staff Finding – RS-2 (Residence Single-Family) District is an appropriate zoning district for the subject property.         

 

IV.      LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The subject property has been zoned A (Agricultural) District since 1966.

 

V.       EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

The purpose of the RS Districts is to provide zoning districts where land is presently being used, or

where development appears desirable, for single-family dwellings. In addition to single-family

dwellings, a variety of use types compatible with the primary residential use are also permitted in RS

Districts, when special considerations or standards are met. In this case, a church is a permitted use

when development standards regarding site dimensions and setbacks are met. The subject property is

4.07 acres, which meets the site area requirement.    

 

Staff Finding – Given the dominance of RS-2 zoning in this area and the fact that church is a permitted use (subject to site plan approval), RS-2 zoning is an appropriate zoning district for this parcel.     

 

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

 

Evaluation of these criteria weigh the benefits to the community-at-large versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The request for rezoning is to designate a City zoning district as required by City Code to the subject property annexed into the City of Lawrence three years ago.   

 

Staff Finding - Denial of the rezoning would not be detrimental to the public health, safety and welfare by allowing the existing A (Agricultural) District zoning to remain in place. However, the property must be rezoned to a City of Lawrence zoning district prior to development.

 

VII.    CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan Horizon 2020 is based on key features, goals, policies and recommendations of the plan. Generally, the policies found in Horizon 2020 support a very low to low-density residential development for the subject property as identified on the Figure 9 Inset, Lawrence Future Land Use map found in Horizon 2020.    

 

Staff Finding - The proposed request is consistent with the City's comprehensive plan, Horizon 2020, for low-density residential development.

 

STAFF REVIEW

 

As previously stated, in 2001, the subject property was annexed into the City of Lawrence as part of

the Northwest Lawrence Annexation program. Section 20-504 of the City Code requires property

owners to initiate rezoning requests for newly annexed property. In this case, the request for rezoning

from A (Agricultural) District to RS-2 (Residence Single-Family) District is appropriate for the subject

property as RS-2 is the prevailing residential zoning district in the area surrounding the subject

property. Additionally, Horizon 2020 supports a very low-to low-density residential development for the subject property.  

 

STAFF RECOMMENDATION

 

Planning Staff recommends approval of the rezoning of a tract of land approximately 4.07 from A (Agricultural) District to RS-2 (Single-Family Residential) District based upon the findings of fact presented in the body of the Staff Report.