PUBLIC HEARING ITEM:
ITEM NO. 10A: A TO RS-2; 0.9997 ACRE; EAST SIDE OF FOLKS ROAD (EXTENDED), SOUTH OF W. SIXTH STREET (PGP)
Z-07-30-04: A request to rezone a tract of land approximately 0.9997 acre from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located on the east side of Folks Road, south of W. Sixth Street. Submitted by The Peridian Group for Eric L. and Colleen Hodge, property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District, Existing single-family house and outbuilding.
Surrounding Zoning and Land Use:
North – A (Agricultural) District, Single-family residence.
East – RS-2 (Single-Family Residence) District, developed single-family homes.
South – Pending RS-2 (Single-Family Residence) District, Vacant.
West – A (Agricultural) District, undergoing development as part of Oakley Court – PRD-2 & pending PRD-2 (Planned Residential) District.
Reason for Request: Applicant desires to rezone an unplatted parcel which has retained the County designation of Agriculture.
The applicant has recently submitted a rezoning request for their adjacent parcel to the south, which is approximately one acre and is vacant. The adjacent rezoning [Z-06-22-04] was recommended for approval by the Planning Commission on July 28, 2004 and approved to RS-2 by the City Commission on August 23, 2004, subject to:
I. ZONING AND USES OF PROPERTY NEARBY
The subject property is adjacent primarily to residential uses and residential zonings.
The property to the north contains an existing house and is zoned A (Agricultural). The properties to the east are zoned RS-2 (Single-family Residential) District and have been developed with single-family homes. The property to the south is owned by the applicant and was recently conditionally approved to RS-2 (Single-family Residential). To the west is the proposed extension of the Folks Road collector street (80’ wide right-of-way required). Across the proposed street extension, is the Oakley Court Planned Residential Development.
Staff Finding - The property is surrounded by a variety of zonings, including A, RS-2, and PRD-2. The surrounding land uses are residential (single-family, multi-family and some undeveloped parcels).
II. CHARACTER OF THE AREA
The one acre property contains a single-family house and outbuilding. The site is fairly level with a less than 5% slope towards the southeast. When originally annexed into the city, the subject property and the majority of the surrounding areas were not rezoned to a City zoning category. This property still retains the county A (Agriculture) District designation. Existing property owners were permitted to initiate rezoning on their own time schedule.
To the north are parcels with a single-family residence that have also retained the County A (Agricultural) District designation.
To the east and further south are developed single-family residential homes in an RS-2 (Single-Family Residence) District.
The western property line is located along a section line and the proposed extension of Folks Road (80’ wide right-of-way collector). To the west, across the proposed road extension, is the conditionally approved Oakley Addition Planned Residential Development which will have single-family homes and an apartment complex.
Staff Finding - The subject property is located in an area which by annexation agreement, was to retain its Douglas County zoning (A Agricultural) until development was proposed. Property to the east and south are developed single-family homes. Property to the west is in transition to residential use. Properties to the north have retained their county zoning (A Agricultural). The property is located along the east side of a proposed extension of a collector street, Folks Road.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property was annexed into the City in March of 1997 and retained its County zoning designation of A (Agricultural District). The Code states that territory to be annexed into the City will retain its County zoning designation, but that a rezoning request shall be initiated by the property owner or the city. A rezoning was never requested, and the property has retained the County zoning designation. The A (Agricultural) District is no longer appropriate for land incorporated into Lawrence. The property is not suitable for prolonged agricultural use.
Access/Public Improvements
This property has not been platted. The owner has submitted a Preliminary Plat for this parcel and their contiguous parcel to the south. The plat will address access, right-of-way dedication and public improvements for the property.
The property must be zoned to a City zoning category. The proposed RS-2 zoning provides for an appropriate land use of the property that is in conformance with the surrounding residential uses. In staff’s opinion, the property is suitable for the proposed uses.
Staff Finding – In staff’s opinion, the property is no longer suitable to the agricultural uses to which it has been restricted. The RS-2 zoning is appropriate for the property and conforms with the adjacent RS-2 zoning to east and proposed for the south.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding The subject property has been zoned A (Agricultural) District since 1966 when the County Zoning Regulations were adopted. The property was annexed into the City in March of 1997 and retained its County zoning. The property contains an existing single-family house and an outbuilding.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Removal of the restrictions and rezoning to RS-2 (subject to the proposed preliminary plat) will not detrimentally affect nearby property.
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
The property must be rezoned to be in compliance with the City’s Zoning Ordinance. The property is currently zoned for agricultural uses. Agricultural uses are inappropriate in the long-term for this property.
The proposed rezoning to RS-2, in combination with a provision for public improvements to the extension of the Folks Road, will provide a relative gain to the public health, safety, and welfare by integrating this undeveloped land into the fabric of the street corridor and neighborhoods in the area and provide for improved traffic circulation.
The hardship imposed upon the property owner is that development of the property for more intense uses than exist today will likely require the dedication of part of the 80’ wide collector street along the western side of the property. The County zoning designation of A (Agricultural) District is not appropriate for the annexed property.
Staff Finding – Agricultural uses are inappropriate for property within growth corridors of the City. The rezoning of a portion of the site to RS-2 provides a relative gain to the public health, safety, and welfare by extending the Folks Road collector.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
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.
Residential Land Use
Strategies: Residential Development
The principal strategies for approaching residential land use areas are:
Low-Density Residential Development
“Low-density residential development, reflecting a density of 6 or fewer dwelling units per acre, would continue to be the predominant land use in the City. While this classification includes densities that would encompass duplex and some townhome housing, emphasis is placed on single-family detached development. While existing single-family neighborhoods are essentially built-up, several vacant parcels are scattered throughout the existing community where new low-density residential development should occur in the future. In general, new development should be of a scale and character, including building type, the same as and compatible with, existing or planned homes in the immediate area. New low-density residential areas are located generally in the southern and western portions of the community and in the urban growth area.”
Residential Land Use Policy 3.3c states, “Infill development should conform to lot size, housing type, scale and general architectural style of the area in which it is proposed.”
Growth Management
Growth Management Policy 1.1a states, “Site layout and design of developments should be planned with attention to natural topography and drainage; adjacent land uses; access; and service availability”.
Oakley Area Plan
The rezoning request would also be consistent with the adopted Oakley Area Plan.
Staff Finding – The proposed request is consistent with the Residential and Growth Management Goals and Policies of the City’s Comprehensive Plan, Horizon 2020. The RS-2 zoning classification is consistent with the Land Use Goals and Policies of Horizon 2020.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of one acre property from the Douglas County designation of A (Agriculture) District to the City of Lawrence designation of RS-2 (Single-Family Residence) District based upon the findings of fact presented in the body of the Staff Report and forwarding this request to the City Commission with a recommendation for approval, subject to the following condition: