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PLANNING COMMISSION REPORT SUMMARY |
ITEM NO. 16A: A TO RM-1; 12.264 ACRES; NORTH OF W. 6TH STREET (HWY. 40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-46-04: A request to rezone a tract of land approximately 12.264 acres from A (Agricultural) to RM-1 (Multiple-Family Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings, L.C. is the property owner of record.
ITEM NO. 16B: A TO RS-2; 15.679 ACRES; NORTH OF W. 6TH STREET (HWY. 40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-47-04: A request to rezone a tract of land approximately 15.679 acres from A (Agricultural) to RS-2 (Single-Family Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings L.C. is the property owner of record.
ITEM NO. 16C: A TO RM-D; 32.391 ACRES; NORTH OF W. 6TH STREET (HWY. 40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-48-04: A request to rezone a tract of land approximately 32.391 acres from A (Agricultural) to RM-D (Duplex Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings L.C. is the property owner of record.
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STAFF RECOMMENDATION: Approval of the requested rezonings from A (Agricultural) to RS-2 (Single-Family Residence), RM-D (Duplex Residence) and RM-1 (Multiple Family Residential) District and forwarding them to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, all subject to the following condition:
1. Approval and filing of a final plat at the Register of Deeds Office.
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Applicant’s Reason for Request: |
The rezoning will provide an area for normal residential population growth, along with public improvements and associated construction as part of the Oregon Trail Addition Subdivision. |
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KEY POINTS
· The requested rezonings are submitted in conjunction with the Oregon Trail Addition Preliminary Plat [PP-09-22-04]. · This will be the first rezoning for residential purposes in this immediate area. |
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GOLDEN FACTORS TO CONSIDER
ZONING AND USES OF PROPERTY NEARBY · The surrounding property to the north, east, and west have yet to be rezoned from the County’s designation as Agriculture. There is an adjacent church to the south. CHARACTER OF THE AREA · The existing character of the area is undeveloped property. CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed request conforms to land use recommendations found in Horizon 2020. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
· Preliminary Plat – Oregon Trail Addition [PP-09-22-04] · Final Plat approval and recordation of Oregon Trail Addition · Zoning approvals by the City Commission [Z-09-(46,47,48)-04] · Zoning Ordinance approvals by the City Commission and Ordinance publication |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None
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Zoning Map 1
Zoning Map 2
Zoning Map 3
RESUME PUBLIC HEARING:
ITEM NO. 16A: A TO RM-1; 12.264 ACRES; NORTH OF W. 6TH STREET (HWY.40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-46-04: A request to rezone a tract of land approximately 12.264 acres from A (Agricultural) to RM-1 (Multiple-Family Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings, L.C. is the property owner of record.
ITEM NO. 16B: A TO RS-2; 15.679 ACRES; NORTH OF W. 6TH STREET (HWY.40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-47-04: A request to rezone a tract of land approximately 15.679 acres from A (Agricultural) to RS-2 (Single-Family Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings L.C. is the property owner of record.
ITEM NO. 16C: A TO RM-D; 32.391 ACRES; NORTH OF W. 6TH STREET (HWY.40) AND EAST OF GEORGE WILLIAMS WAY (EXTENDED) (PGP)
Z-09-48-04: A request to rezone a tract of land approximately 32.391 acres from A (Agricultural) to RM-D (Duplex Residential) District. The property is generally described as being located north of W. 6th Street (Hwy. 40) and east of George Williams Way (extended). Submitted by Landplan Engineering, P.A., for Bluejacket Ford, LC, contract purchaser. Graycliff Holdings L.C. is the property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District, Existing undeveloped property.
Surrounding Zoning and Land Use:
North, East, West – A (Agricultural) District, Undeveloped.
South – A ( Agricultural) District and RS-1 (Single-Family Residence) District, St. Margaret’s Episcopal Church; undeveloped property at the northeast corner of W. 6th Street and George Williams Way (extended); and undeveloped City property at northwest corner of W. 6th Street & Stoneridge Drive (extended) future water tower site.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding. The subject property is adjacent to a church and to undeveloped land. The property to the north, east and west are zoned A (Agriculture) and is undeveloped land. There are three properties to the south. The majority is zoned RS-1 (Single-Family Residence) and contains a church and a future City water tower site. The other property to the south is zoned A (Agriculture) and is undeveloped.
II. CHARACTER OF THE AREA
The 60 acre property is primarily wooded and undeveloped. The slopes vary in steepness, with an overall slope of approximately 4% towards the north. When originally annexed into the city, the subject property and 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, east and west are large unplatted parcels of land that have also retained the County A (Agricultural) District designation.
To the south is St. Margaret’s Episcopal Church. To the east of the church is an undeveloped site for a future City water tower. To the west of the church is an undeveloped parcel. Highway 40/W. 6th Street is located approximately 600’ south of the requested rezoning area.
The western property line is located along the proposed extension of George Williams Way (Minor Arterial shown in Transportation 2025). A portion of the eastern property line is along the proposed extension of Stoneridge Drive (Collector shown in Transportation 2025). The proposed extension of Overland Drive (also shown as a Collector in Transportation 2025) transects this property from east to west.
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 north, east and south are undeveloped. Property to the south contains an existing church, a future city water tower site and an undeveloped portion of this property which was recently quitclaimed.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “The site is currently in pasture land, which is generally suitable use of the property in the short term. When improvements to US Highway 40 occur, and in the context of existing developments in the area, the proposed zoning will be most suitable.”
The subject property was annexed into the City in 2001 to facilitate the City’s financing of the W.6th Street/U.S. Highway 40 improvement project and retained the 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 property. 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 residential zonings provides for an appropriate land use of the property that may initiate a pattern of residential use within this area. 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 residential zonings are appropriate for the 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 when the County Zoning Regulations were adopted. The property was annexed into the City in 2001 and retained its County zoning. The property is undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “No detrimental effects are expected. The proposed zoning will ensure compatibility with surrounding neighborhoods.”
Staff Finding – Removal of the restrictions and rezoning to residential uses RS-2 (Single-family Residential), RM-D, (Duplex Residential) and RM-1 (Multiple-family Residential), subject to a recording of a final 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
Applicant’s Response: “Higher levels of property improvements and maintenance will occur as a result of the proposed zoning change. No public gain will occur by denial of this application; no identifiable hardship to individual landowners will occur with approval of this application.”
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 residential uses, in combination with a provision for public improvements to the extensions of Stoneridge Drive, Overland Drive and George Williams Way, will provide a relative gain to the public health, safety, and welfare by integrating this undeveloped land into the fabric of the street network identified in Transportation 2025 and provide for the first residential neighborhood in this immediate area.
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 roadways to the property and the dedication of arterials and collectors shown in Transportation 2025 and platting of the contiguously owned lands per Section 21-104. The County zoning designation of A (Agricultural) District is no longer appropriate for this property.
Staff Finding – Agricultural uses are inappropriate for property within growth corridors of the City. The rezoning of a portion of the site to the proposed residential uses provides a relative gain to the public health, safety, and welfare by extensions of Overland Drive, Stoneridge Drive, and George Williams Way.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “The subject project is located in “Service Area 1” and is within the “Urban Growth Area” described in Horizon 2020 Comprehensive Plan. Proposed land use and density, particularly within the context of associated rezoning requests, conforms to the prescribed land use and density (6 or fewer dwelling units per acre).”
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 include:
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.”
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”.
Northwest Area Plan –Adopted by City Commission, Resolution #5868 – January 28, 1997.
The rezoning request would also be consistent with the Northwest Area Plan.
In General “Sections 28 and 29 should be planned as an urbanized area.” – page 4.
“Direct higher intensive land uses toward Sixth Street and the South Lawrence Trafficway but direct lower intensive land uses toward the north of sections 28 and 29. This downward gradation of intensity should apply to all land use categories.” – page 4.
Land Use, “A variety of housing types and costs is encouraged in the southern part of section 28 and 29. Single family residential is encouraged in the central and northern parts of sections 28 and 29.” – page 4.
Residential Land Use, “Further south, in the central portions of sections 28 and 29, conventional single family residential is planned. 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. Multiple family adjacent to single family land use should be the lowest density multifamily, such as duplex town homes. Horizon 2020 goals and policies on appropriate transition methods between different housing types and land use densities and intensities shall apply.” – page 6.
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 residential zoning classifications are consistent with the Land Use Goals and Policies of Horizon 2020.
STAFF SUMMARY The three requested rezonings are submitted in conjunction with the Oregon Trail Addition Preliminary Plat [PP-09-22-04]. Staff has reviewed the Preliminary Plat which will be heard before the Planning Commission in November. The requested 44.55 net acre Preliminary Plat includes the following proposed areas: Z-09-46-04 – A to RS-2 (Single-family Residential) District – 46 single-family lots;Z-09-47-04 – A to RM-D (Duplex Residential) District – 75 duplex lots; andZ-09-48-04 – A to RM-1 (Multiple-family Residential) District – 10.75 acre lot @ maximum of 12.44 dwelling units per acre = maximum of 133 apartment dwelling units. 46 single-family homes + 150 duplex dwelling units + 133 maximum number of apartment dwelling units = total maximum of 329 dwelling units within the Oregon Trail Addition Preliminary Plat. Single-family lots, 46 Dwelling Units/11.95 net acres = density of 3.85 dwelling units per acre.Duplex lots, 150 dwelling units/20.84 net acres = density of 7.20 dwelling units per acre.RM-1, Multiple-family Residential lot = maximum density of 12.44 dwelling units per acre. PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning requests from the Douglas County designation of A (Agriculture) District to the City of Lawrence designation of RS-2 (Single-Family Residence), RM-D (Duplex Residential) and RM-1 (Multiple-family Residential) District based upon the findings of fact presented in the body of the Staff Report and forwarding these requests to the City Commission with a recommendation for approval, all subject to the following condition: