PLANNING COMMISSION REPORT SUMMARY

Public Hearing Item

PC Staff Report

06/22/05

ITEM NO. 13A:

A TO RS-2; 4.9 ACRES; SOUTH OF W. 6^TH STREET & WEST OF STONECREEK DRIVE (EXTENDED) (SLD)

SUMMARY

Z-03-19-05: A request to rezone a tract of land approximately 4.9 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located south of 6^th Street and west of Stonecreek Drive (extended). Submitted by Landplan Engineering, PA, for MS Construction Co., Inc., and Alvamar, Inc., property owners of record. This item was deferred by the applicant from the 3/23/05 Planning Commission meeting.

STAFF RECOMMENDATION:

Staff recommends approval of the 4.9 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.

Reason for Request:

“To provide buffer between single-family neighborhood and multi-family property.”

KEY POINT

· Property has been annexed

· Property is adjacent to existing and approved single-family zoning on two sides.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

The character for this area is developing with low density single-family homes.

CONFORMANCE WITH THE COMPREHENSIVE PLAN

The proposed district is consistent with the land use recommendations found in Horizon 2020.

ASSOCIATED CASES/OTHER ACTION REQUIRED

1. Z-03-20-05 A to RM1; 7.4 acres

2. Z-03-21-05 A to RM2; 4.2 acres

3. PP-01-02-05; preliminary plat

4. Z-01-01-05; A to RS2 (replaced by Z-03-20-05) to be withdrawn

5. Z-01-02-05; A to RO1A (replaced by Z-03-21-05) to be withdrawn

6. Z-01-03-05; A to RM1 (replaced by Z03-19-05 and Z-03-020-05) to be withdrawn

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Refer to plat for communications regarding proposed development

PUBLIC HEARING ITEM:

PC Staff Report

06/22/05

ITEM NO. 13A:

A TO RS-2; 4.9 ACRES; SOUTH OF W. 6^TH STREET & WEST OF STONECREEK DRIVE (EXTENDED) (SLD)

SUMMARY

GENERAL INFORMATION
Current Zoning and Land Use:	A (Agricultural) District; unimproved land.
Surrounding Zoning and Land Use:	A (Agricultural) District to the north and west; undeveloped [Collister property to the west includes single-family residence]. Pending publication of RS-2 (Single-Family Residence) District to the west for plat known as Stoneridge North. Proposed RM-1 (Multiple-Family Residence) District to the north per Z-03-20-05; undeveloped. RS-2 (Single-Family Residence) District to the south and east; developed single-family homes [Fox Chase additions]
Applicant’s Reason for Request:	“To provide buffer between single-family neighborhood and multi-family property.”

I. ZONING AND USES OF PROPERTY NEARBY

Staff Finding - The surrounding area is zoned for and developing with residential uses. This area was annexed as part of the W. 6^th Street annexation project but was not rezoned to a comparable city zoning designation. The immediate surrounding area to the north and west is undeveloped with the exception of an existing residence to the northwest on what is known as the Collister property and is accessed from W. 6^th Street.

II. CHARACTER OF THE AREA

Staff Finding – The defining character for this area has been established as a low-density, single-family, residential neighborhood. The neighborhood is anchored with an elementary school and public park land located south and west of the subject property. The subject property is adjacent to designated collector street Stoneridge Drive which includes a planned collector street intersection with W. 6^th Street in the future. 6^th Street marks the northern boundary of the West Lawrence Neighborhood west of Queens Road.

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. Approval of the request will facilitate the necessary steps in development of the remaining portions of the undeveloped neighborhood.

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.

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

Staff Finding - 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.

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 in the developing neighborhood.

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

Development of the property for single-family land use will require additional attention to the proximity of individual lots which abut the collector street and how the subject property will interact or transition to the north (based on multi-family land use requests). The development pattern to the immediate east and west is set. Staff recommends that rezoning be conditioned upon the approval of a final plat to assure compatibility with the Comprehensive Plan and with the existing neighborhood character.

The proposed request represents a portion of the overall development concept for that area south of 6^th Street and east of Stoneridge Drive. The proposed development package includes multiple zonings. Staff has found that requiring the zoning to be contingent upon final platting reduces the errors that result when platted lot lines occur after zoning boundaries are set. The recommendation that the zoning be contingent upon approval and recording of a final plat is consistent with previous recommendations on land use requests.

PROFESSIONAL STAFF RECOMMENDATION

1. Recording of a final plat prior to publication of the rezoning ordinance.