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PLANNING COMMISSION REPORT SUMMARY |
ITEM NO. 8B: A-1 TO RS-2; 3.6348 ACRES; SOUTHEAST OF LAKE ESTATES SUBDIVISION, NORTHEAST OF 22ND TERRACE (SLD)
Z-10-50-04: A request to rezone a tract of land approximately 3.6348 acres from A-1 (Suburban Home) District to RS-2 (Single-Family Residential) District. The property is generally described as being southeast of Lake Estates Subdivision, between E 920 Road and Lake Alvamar. Submitted by Peridian Group, Inc., for Lake Estates at Alvamar, LLC, applicant. Chris Earl, Mark A. & Marsha G. Buhler, Yankee Tank Investors, and Alvamar, Inc., property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of the rezoning of 3.634 acres from A-1 (Suburban Home Residential) District 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 conditions:
1. Recording of a final plat prior to publication of the rezoning ordinance.
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Applicant’s Reason for Request: |
Residential development |
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KEY POINT Intent of request is for single-family residential development. · Relationship of the proposed development and the surrounding land use patterns and density will be critical in the development of the subject property.
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH THE COMPREHENSIVE PLAN
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING Communications received are attached to annexation report (A-10-05-04) including comments from Doug Garber, Francois Henriquez, George and Judy Paley. |
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PUBLIC HEARING ITEM:
ITEM NO. 8B: A-1 TO RS-2; 3.6348 ACRES; SOUTHEAST OF LAKE ESTATES SUBDIVISION, NORTHEAST OF 22ND TERRACE (SLD)
Z-10-50-04: A request to rezone a tract of land approximately 3.6348 acres from A-1 (Suburban Home) District to RS-2 (Single-Family Residential) District. The property is generally described as being southeast of Lake Estates Subdivision, between E 920 Road and Lake Alvamar. Submitted by Peridian Group, Inc., for Lake Estates at Alvamar, LLC, applicant. Chris Earl, Mark A. & Marsha G. Buhler, Yankee Tank Investors, and Alvamar, Inc., property owners of record.
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GENERAL INFORMATION |
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Current Zoning and Land Use: A-1 (Suburban Home) District; platted undeveloped residential property.
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Surrounding Zoning and Land Use: A-1 (Suburban Home) District in all directions; existing single-family residential uses to the north and west; undeveloped to the south and east proposed RM-D (Duplex Residential) District (see Z-10-51-04)
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Reason for Request: To allow for a transition of uses between the high-density area to the south and existing subdivision to the north. |
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is a platted county subdivision known as Lake Estates No. 6 and includes 8 single-family residential lots and county road right-of-way for access. The lots and road are undeveloped currently. The property is zoned for suburban residential development. The subject property is surrounded by existing residential zoning in all directions. The area to the far east is zoned for a planned residential development consisting of single-family lots. The property is approved for development, but the final plat and development plan have not been recorded.
II. CHARACTER OF THE AREA
The area is characterized as an existing County residential neighborhood. The proposed request is a part of a larger development request. The area between the subject property and Bob Billings Parkway is characterized by large lot residential development. There are approximately 49 lots/tracts in this area. The average lot size is 3.7 acres. This area is also located in the Urban Growth Area and is expected to be annexed and incorporated into the City of Lawrence as services are extended.
Staff Finding – The area is characterized as an existing county residential neighborhood.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned for low-density residential uses that are limited to single-family dwellings with a maximum density of one (1) dwelling unit per acre per the County Zoning Regulations. Because of minimum sanitation requirements the minimum lot size is generally restricted to 3 to 5 acres depending on water availability. Upon annexation the current County Zoning district will not be suitable.
The purpose of the RS-2 (Single-Family Residence) District is defined in Article 6 of the Zoning Regulations. Section 20-601 provides the general purposes for all residential districts as: (a) Protect the residential character of the included areas by excluding commercial and industrial activities; (b) Encourage a suitable environment for family life by permitting such neighborhood facilities as churches, schools, and playgrounds; (c) Permit certain appropriate institutions to be located in residential neighborhoods; (d) Preserve openness of the areas and avoid overcrowding by requiring certain minimum yards, open spaces, and site areas, and; (e) Make available a variety of dwelling types and densities in a variety of locations to serve a wide range of individual requirements.
The purpose statements are further defined for the singe-family districts in 20-602 (a). This section states: “RS Districts are designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings. In addition to the general purposes applying to residential districts, the regulations for the RS Districts are designed to encourage the provision of single-family, detached residences in districts of four permitted densities. In RS zoning districts only, single-family detached dwellings shall be permitted and such dwelling shall be occupied only by families which meet a definition of family as defined in this code.” The existing zoning would accommodate additional residential development through the subdivision process with larger lots to accommodate the topographic elements and result in fewer overall lots.
The subject property was zoned A-1 (Suburban Home) District as part of the development consideration for the Yankee Tank Area in the early to mid-1970’s. The purpose of the A-1 District is to “provide for single family residential development of a suburban character together with appropriate public and semi-public, public recreation facilities and accessory uses normally compatible with residential development of this type, where due to a lack of readily accessible municipal services facilities is desirable to prevent premature uncontrolled residential development. This districted is located to insure development o f land not served by approved public seer facilities will be on a low density basis” (Article 7-1 County zoning Regulations). The comparable city zoning district in terms of minimum area requirements would the RS-A (Single-Family Residence Agriculture District) district, which requires a minimum of one acre per lot.
The proposed zoning district is for a conventional single-family residential development with a maximum density of six (6) dwelling units per acre. This density is generally refined as part of the subdivision plat process and minimum lot sizes.
Staff Finding – Upon annexation the current county residential zoning will not be suitable. There are multiple RS districts that meet the standard for low-density residential development including RS-2 (Single-Family Residence) District, RS-1 (Single-Family Residence) District, RS-E and RS-A (Single-Family Residence Agriculture District). The proposed district is considered to be a low-density residential district and is frequently used as a compatible transfer from rural zoning to urban zoning applications.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property has been zoned for low-density single-family residential development in the unincorporated portion of Douglas County since the early to mid 1970’s. The property was platted in 1994 in the current configuration but was never improved and the local street was not extended into the property.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding –The immediate area to the north and west are developed with single-family homes on large lots. The area to the south is proposed for RM-D (Duplex Residential) District zoning and farther south the area is zoned for multi-family and commercial uses along Lake Point Drive (collector street). Residents have shared concerns about density the development of the area, and traffic circulation with staff over the past several years as other development applications have been considered.
The subject property has been projected as developable for low-density residential uses. The lack of a collector street connection between Bob Billings Parkway and Clinton Parkway will result in some traffic use of the local streets between these two areas from the existing/internal development. The zoning district combined with the plat approval establishes minimum lot sizes and setbacks and expected to mitigate any detrimental effects on adjacent properties.
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 – The subject property is requested for annexation. Upon annexation the current zoning district will not be suitable. The subject property is within the Urban Growth Area, Service Area 1. Approval of development applications including zoning and platting will facilitate extension of public streets and utilities within the Yankee Tank area. The area is anticipated to develop residentially. The designation of a zoning district reflecting the intended development is seen as beneficial to potential property owners to show stability of the neighborhood.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The focus of the review was the need for public facilities as well as to acknowledge additional development review processes. Much of the surrounding area to the southeast is undeveloped, but has been either final platted (not yet recorded) and/or development plan approval ha been granted (not yet recorded).
The residential land use strategies found in Chapter 5 of Horizon 2020 are applicable to the proposed development with an overall sense of integration of the subject property into the existing and planned development pattern.
• Requests for annexation shall be consistent with approved neighborhood plans, area development plans and sector plans.
• Infill residential development should be considered prior to annexation of new residential areas.
• A mixture of housing types, styles and economic levels should be encouraged for new residential and infill developments.
• 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 non-residential land uses.
• The character and appearance of existing residential neighborhoods should be protected and enhanced. Infill development, rehabilitation or reconstruction should reflect architectural qualities and styles of existing neighborhoods.
• Neighborhood plans, area development plans and sector plans should be developed or amended to reflect the Comprehensive Plan's goals and policies for residential development.
• Design, site improvements and infrastructure shall be consistent with adopted neighborhood plans, with the development of a neighborhood concept and with area plans and sector plans.
Building orientation, access buffering and transition will be design elements to consider regardless of the proposed zoning change.
Horizon 2020 discusses both very low-density and low-density residential development. Very low-density is defined as one or fewer dwelling units per acre and may be found in various parts of the UGA to be annexed. “Low-density” is defined as 6 or fewer dwelling units per acre. This density is the prevailing recommended land use for most new and fringe areas of the community. The Yankee Tank area is not expressly discussed in Horizon 2020. The proposed RS-2 (Single-Family Residence) District is a low-density district. If considered in conjunction with the Preliminary Plat, the minimum lot size proposed results in a density of 3.2 units per acre (net, excluding public right-of-way).
Staff Finding – The proposed RS-2 (Single-Family Residence) District is low density residential and is consistent with the land use recommendation of the comprehensive plan – Horizon 2020.
STAFF REVIEW
The challenge of this request is to balance the existing land uses (to the north) with the proposed and future land uses of the surrounding area. A key element to assure compatibility with the surrounding area is the establishment of lots and streets that best serve the area. The lots to the north average 3.7 acres per parcel currently. As the area is annexed, it is reasonable to expect that the larger lots will be divided and recombined to provide a more urban pattern. Density of the new lots is likely to result in a density very close to the RS-E area to the northeast, especially the eastern portion that abuts the major drainage area (west branch of Yankee Tank Lake tributary). The proposed zoning will function adequately to transition between the existing county subdivision designed large lot area to the north and the smaller lot areas to the north. This district should be extended along the length of the abutting property to the east and is addressed in more detail in the staff report for Z-10-51-04.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the rezoning of 3.634 acres from A-1 (Suburban Home Residential) District 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 conditions:
1. Recording of a final plat prior to publication of the rezoning ordinance.