PUBLIC HEARING ITEM:
ITEM NO. 8: A TO RS-2; 26.712 ACRES; NORTH OF HARVARD ROAD (EXTENDED) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (SLD)
Z-04-15-04: A request to rezone a tract of land approximately 26.712 acres from A (Agricultural) District to RS-2 (Single-Family Residence) District. The property is generally described as being located north of Harvard Road (extended) and east of George Williams Way (extended). Submitted by BG Consultants, Inc. for Green Tree L.C., applicant, and Michael D. Stultz, property owner 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 and northeast; undeveloped.
RS-2 (Single-Family Residence) District to the east, and developing single-family Fox Chase residential neighborhood.
Pending publication of RS-1 (Single-Family Residence) District to the southeast to encompass city green space and future park.
RS-1 (Single-Family Residence) District to the southwest; existing elementary school campus.
Pending publication of RM-1 (Multiple-Family Residence) District to the west as part of the Diamondhead development.
Applicant’s Reason for Request: Planned single-family development.
Previous Request: Z-10-31-03 A to RM-1 (Multiple-Family Residence) District approved by both Planning Commission and City Commission subject to approval and recording of a Final Plat. Request withdrawn by applicant upon submission of current request.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The surrounding area is currently zoned for residential purposes to the south, east and west. This area was annexed as part of the W. 6th Street annexation project but was not rezoned to a comparable city zoning designation. Recent land use decisions by the Planning Commission and the City Commission have resulted in anticipated residential development to the southeast and to the west. The immediate surrounding area to the north is undeveloped.
II. CHARACTER OF THE AREA
Staff Finding – The defining character for this area has been established as a low-density single-family neighborhood. The neighborhood is anchored with an elementary school and public park land located south of the subject property. Residential development is the predominant land use anticipated for this area in the future. The subject property is adjacent to designated collector streets; George Williams Way (extended) along the west property line and Harvard Road (extended) along the south property line.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding - The current A (Agricultural) District zoning designation is inappropriate since the property has been annexed into the City of Lawrence. Prior to annexation, this area was located within the Urban Growth Area and had been planned and anticipated for urban 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. The Planning Commission approved a request for RM-1 (Multiple-Family Residence) District for the subject property in 2003 subject to recording of a final plat. The rezoning was never published and never became fully effective.
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 establish a framework for applicable housing type and density. Development requires approval of both a preliminary and final plat, which allows for refinement of the street and lot layout and additional review prior to construction. Housing type would be limited to single-family homes.
Staff Finding - Approval of this request should not result in an isolated development. This property is bounded on the west and south by collector streets. Direct access to George Williams Way should be limited and controlled through the subdivision plat. Relationship and orientation to the public park/open space should be incorporated into the final design of the development. Approval of a final plat to show how lots and streets will provide both transition and connection between the subject property and the surrounding area is recommended as a condition of this zoning request.
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. The proposed request reflects the established land use pattern on the east side of George Williams way.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 recommends that “Compatible densities and housing types should be encouraged in residential neighborhoods by providing appropriate transition zones between low density residential land uses and more intensive residential development and between higher density residential uses and nonresidential uses.” The Plan also anticipates that low density residential development will “continue to be the predominate land use in the City.” The most common method to assure compatibility is to extend or continue a particular zoning district. The proposed request will expand the low-density residential district in this area and is consistent with the generalized land use expectation for residential development.
Municipal services can be extended to this property. The plan further provides recommendations for lot orientation and access which will be discussed as part of the preliminary plat review.
Staff Finding - The proposed request conforms to land use recommendations found in Horizon 2020. Additional detail must be provided through the subdivision plat review process to complete the evaluation of this request.
STAFF REVIEW
The Planning Commission considered and recommended for approval this property for multi-family development in 2003. The previous staff report (Z-10-31-03) found “The limited accessibility, proximity, and anticipated traffic on George Williams Way[1], reduce the appropriateness of low-density residential development for this property.” Development of the property as single-family will require additional attention to the proximity of individual lots which abut the collector street and the projected medium-density development to the west.
Key elements related to appropriate development are: connectivity and integration of the subject property with the surrounding low-density development to the east, and minimization of exposure of residences and access to George Williams Way; these elements are included in a review of the physical development of the site through the subdivision plat process.
The review of a preliminary plat to allow for buffering and connectivity throughout the development is necessary to assure a compatible relationship of the subject property to the surrounding area. The intent of this discussion is to forecast to the neighborhood and the developer the City’s expectations of how the subject property should ultimately be developed. Staff recommends that rezoning be conditioned upon the approval of a final plat to address compatibility with the Comprehensive Plan and with the existing neighborhood character. This is a less critical element given the revised rezoning consideration but none-the-less relevant.
Some of the goals and policies in Horizon 2020 cannot be assessed as to having been met without a plat accompanying a rezoning application. Staff has also found that requiring the zoning to be contingent upon final platting reduces the number of errors that result when platted lot lines and zoning boundaries do not coincide. These errors are often not discovered until developers or residents are attempting to finance a home and are informed that they have multiple zoning districts across their lot; recent examples includes Stonegate Townhomes and Longleaf Subdivisions. The recommendation that the zoning be contingent upon approval and recording of a final plat is consistent with previous land use requests.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 26.712 acres from A (Agricultural) to RS-2 (Single-Family Residence) District and forwarding it to the City Commission with a recommendation for approval based on 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.
[1] George Williams Way is a designated north-south collector street between W. 6th Street and W. 15th Street.