ITEM NO 9:               A-1 TO RS-1; ONE ACRE; 810 N. MINNESOTA (SMS)

 

Z-01-13-05:  A request to rezone a tract of land approximately one acre from A-1 (Suburban Residential) District to RS-1 (Single-Family Residential) District.  The property is generally described as being located at 810 N. Minnesota (E 1338 Road).  Submitted by Landplan Engineering, P.A., for Wanda Shoemaker, property owner of record.

 

 

STAFF RECOMMENDATION:  Staff recommends approval of the rezoning of approximately one acre from A-1 (Suburban Home Residential) District to RS-1 (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.

 

 

Applicant’s Reason for Request:

Compliance with city code due to recent annexation and infill residential development

 

KEY POINT Intent of request is for single-family residential development. ·         Property has recently been annexed into the City of Lawrence and County zoning designation is no longer appropriate.

 

GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA The character for this area is a developed rural residential subdivision. CONFORMANCE WITH THE COMPREHENSIVE PLAN The proposed district is consistent with the definition of a low-density residential land use.

ASSOCIATED CASES/OTHER ACTION REQUIRED Annexation of property [Lot 4, Wells Acres] was approved by City Commission in November 2004 Lot split [LS-01-01-05] to create two lots has been submitted for administrative approval.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING  Staff has received a few calls from recipients of notice letters.  No concerns have been expressed.

 

PUBLIC HEARING ITEM:

 

ITEM NO. 9:                          A-1 TO RS-1; ONE ACRE; 810 N. MINNESOTA (SMS)

 

SUMMARY

 

Z-01-13-05:  A request to rezone a tract of land approximately one acre from A-1 (Suburban Residential) District to RS-1 (Single-Family Residential) District.  The property is generally described as being located at 810 N. Minnesota (E 1338 Road).  Submitted by Landplan Engineering, P.A., for Wanda Shoemaker, property owner of record.

 

 

GENERAL INFORMATION

Current Zoning and Land Use:         A-1 (Suburban Home) District; platted undeveloped residential property.

Surrounding Zoning and Land Use:   A-1 (Suburban Home) District to the north and west; existing single-family residential uses in Wells Acres subdivision                                                       RS-2 (Single-Family Residence) District to the east and south; residential development in Northfield Addition and Wells Acres

Reason for Request:                     To allow for compliance with city code and infill development.

 

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding – The subject property is a platted lot in a county subdivision, Wells Acres.  This subdivision was developed in the early 1960s and together with Miller Acres has residences developed on one acre lots.  These subdivisions are almost completely surrounded by property in the City of Lawrence.  This parcel previously had a home developed on it, but it is now undeveloped.  The property was annexed into the City in November 2004 and the property owner has requested sanitary sewer service to develop two new home sites.

 

 

II.       CHARACTER OF THE AREA

 

The area is characterized as an existing County residential neighborhood with predominantly one acre lots.  Northfield Addition directly to the east of this property was developed in the late 1990s and includes lots that range from 7,000 sq. ft. to almost one acre in size.  The majority of the lots to the east range in size between 8,500 sq. ft. to 12,000 sq. ft.  Sanitary sewer was extended along the east side of the subject property when the Northfield Addition was developed.  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 part of an existing county residential neighborhood which is surrounded by the City of Lawrence on two sides.

 

 

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

 

The subject property was annexed into the City in November 2004 and retained its County zoning designation of A-1 (Suburban Home 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. 

 

The property must be zoned to a City zoning category.  The proposed RS-1 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 – Due to the recent annexation of this property into the City of Lawrence, the existing County zoning designation is no longer suitable.  The RS-1 zoning is appropriate for the property and is compatible with the adjacent RS-2 zoning to east and south.

 

 

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

 

Staff Finding – Wells Acres was subdivided in 1963 and has been zoned for low-density single-family residential development in the unincorporated portion of Douglas County since the County adopted zoning regulations in 1966.  The property was developed with a residence that has recently been damaged and removed.

 

 

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

 

Staff Finding – Removal of the restrictions and rezoning to RS-1 will not detrimentally affect nearby property and will provide an opportunity for low-density infill residential development.

 

 

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 property must be rezoned to be in compliance with the City’s Zoning Ordinance.  The property is currently zoned for low-density residential uses.  The proposed RS-1 zoning district permits redevelopment of the property with compatible low-density residential uses.  The hardship imposed upon the property owner by denial would be the inability to comply with City regulations after annexation.

 

 

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:

• Infill residential development should be considered prior to annexation of new residential areas.
• The character and appearance of existing residential neighborhoods should be protected and enhanced. Infill development, rehabilitation or reconstruction should reflect architectural qualities and style of existing neighborhoods.

 

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”.

 

Staff Finding – The proposed RS-1 (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 subject property is less than one acre (36,960 sq. ft.) in size and therefore, can not be rezoned to RS-A, the City equivalent district of the A-1 County District.  As properties within Wells and Miller Acres annex into the City when sanitary sewer is available, additional infill development will be anticipated.  The property owner has submitted a lot split to the Planning Office which proposes the creation of two lots each containing 18,480 sq. ft.  The property does not contain quite enough area to create two lots in the RS-E (Single-Family Residence – Estate) category which requires a minimum of 20,000 sq. ft.  The RS-1 District permits lots with a minimum of 10,000 sq. ft. and represents a transition between the A-1 lots and the smaller lots permitted in the adjacent RS-2 District (7,000 sq. ft. minimum).

 

The proposed RS-1 District will permit some additional residential development without significantly changing the character of the area for the remaining portions of Wells Acres.

 

PROFESSIONAL STAFF RECOMMENDATION

 

Staff recommends approval of the rezoning of approximately one acre from A-1 (Suburban Home Residential) District to RS-1 (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.