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PLANNING COMMISSION REPORT SUMMARY Regular Agenda - Public Hearing Item |
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ITEM NO. 13C: |
A TO RM-2; 4.2 ACRES; SOUTH OF W. 6TH STREET & WEST OF STONECREEK DRIVE (EXTENDED) (SLD) |
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SUMMARY |
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Z-03-21-05: A request to rezone a tract of land approximately 4.2 acres from A (Agricultural) District to RM-2 (Residence-Office) District. The property is generally described as being located south of 6th 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. |
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STAFF RECOMMENDATION: Staff recommends approval of rezoning Z-03-21-05 approximately 4.2 acres from A (Agricultural) District to PRD-2 (Planned Residential District) District and forwarding it to the City Commission with a recommendation for approval based on the lesser change table and 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; and 2. Approval of a preliminary development plan prior to publication of the zoning ordinance. |
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Reason for Request: |
“To provide an appropriate zoning classification for property at what will ultimately be a significant intersection.” |
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KEY POINT
· Property has been annexed and still retains county zoning. · Property is part of an overall development request including medium and low density residential development. |
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GOLDEN FACTORS TO CONSIDER
CHARACTER OF THE AREA
SUITABILITY OF SUBJECT PROEPRTY FOR THE USES TO WHICH IT HAS BEEN RESTRCITED
EXTENT TO WHICH REMOVAL OF RESTRICONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
CONFORMANCE WITH THE COMPREHENSIVE PLAN
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ASSOCIATED CASES/OTHER ACTION REQUIRED
1. Z-03-19-05 A to RS2; 4.9 acres 2. Z-03-20-05 A to RM1; 7.4 acres 3. Z-03-21-05 A to RM2; 4.2 acres 4. PP-01-02-05; preliminary plat 5. Z-01-01-05; A to RS2 (replaced by Z-03-20-05) to be withdrawn 6. Z-01-02-05; A to RO1A (replaced by Z-03-21-05) to be withdrawn 7. Z-01-03-05; A to RM1 (replaced by Z03-19-05 and Z-03-020-05) to be withdrawn
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
Refer to plat for communications regarding proposed development |
PUBLIC HEARING ITEM:
ITEM NO. 13C: A TO RM-2; 4.2 ACRES; SOUTH OF W. 6TH STREET & WEST OF STONECREEK DRIVE (EXTENDED) (SLD)
Z-03-21-05: A request to rezone a tract of land approximately 4.2acres from A (Agricultural) District to RM-2 (Residence-Office) District. The property is generally described as being located south of 6th 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.
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GENERAL INFORMATION |
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Current Zoning and Land Use
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A (Agricultural) District; unimproved land. |
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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 southwest for plat known as Stoneridge North.
RM-1 (Multiple-Family Residence) District proposed to the south and east per Z-3-20-05.
RS-2 (Single-Family Residence) District to the far south and east; developed single-family homes [Fox Chase additions] and church property. |
I. ZONING AND USES OF PROPERTY NEARBY
The subject property is located at the southeast corner of W. 6th Street and Stoneridge Drive. W. 6th Street is an arterial street along the north property line. Stoneridge Drive [extended] is a collector street abutting the west property line. Areas to the north and west are currently zoned for agricultural purposes. The area surrounding the subject property is proposed for medium density residential development.
Staff Finding –The subject property was included as part of the W. 6th Street annexation. Zoning was deferred until development applications were initiated. The subject property is part of a larger development request that includes medium and low density residential development. A single-family subdivision has been approved to the southwest known as Stoneridge North and is pending publication of the RS-2 District. Additional RS-2 zoning is proposed south of the subject property as part of this overall development proposal known as “Foxchase at 6th & Stoneridge.”
II. CHARACTER OF THE AREA
Much of the area south of W. 6th Street is developed or developing with low-density residential development characterized by detached single-family homes. Multi-family zoning districts can be found at the periphery of the neighborhood. Several local and collector streets provide access to the overall area. Upon completion of W. 6th Street, street connections for Stoneridge Drive and Branchwood Drive/Queens Road to the west will be possible. These connections will enhance vehicular circulation within and between the surrounding neighborhood and the community.
Several pockets of multi-family residential uses can be found clustered at the intersections of W. 6th Street and Congressional (Colonial NW) and George Williams Way and Bob Billings Parkway (Long Leaf).
The Collister property is located to the west of the subject property along W. 6th Street. It is developed with a single-family residence that has direct access to W. 6th Street. There are numerous parcels within the overall neighborhood between W. 6th Street and Bob Billings Parkway that are undeveloped and will have an overall impact on the area in the future. The property owner has not expressed any development intentions for this property to date. This has resulted in uncertainty in how this property will relate to other surrounding development in the future.
Staff Finding – The defining character for this neighborhood has been established as a low-density single-family area. The neighborhood is served by an elementary school and public park land located south and west of the subject property. A large office/business park development is located in the southeast portion of the neighborhood. Commercial uses are planned at the northwest corner of the neighborhood, west of George Williams Way. Commercial uses exist to the east at the intersection of W. 6th Street and Wakarusa Drive. Residential development is the predominant land use anticipated for the central core and interior portions of the neighborhood.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
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. The proposed request is for a zoning district that allows multi-family residential development with a maximum density of 21 dwelling units per acre and only minimum design standards.
The purpose of the RM districts is stated in Section 20-603 as follows: “RM Districts are designed to provide areas for medium and high population density. RM districts will consist mainly of (1) areas containing multi-family dwellings (including two-family dwellings) with some single-family dwellings, (2) areas which contain single-family and two-family dwellings, are centrally located, and are appropriate to ultimate multi-family development, and (3) open areas where future multi-family development appears desirable. In addition to the general purposes applying to the RM and RS districts, the regulations for the RM Districts are designed to encourage the provision of multiple-family accommodations in districts of four permitted densities.”
The proposed request is intended to be considered in combination with the proposed RM-1 District request to the south and east. This combination provides a land use transition between W. 6th Street and the single-family development to the south. The current code does not provide for transitional design standards outside of the planned unit development categories.
Land use and density recommendations are components of the suitability question. High density is described as a range of 16 to 21 dwelling units per acre. The proposed request is for the maximum of this range. Horizon 2020 also supports the use of transition and the provision of a variety housing types within a neighborhood. Specific design or performance standards to assure appropriate transitions between high density residential development, and lower density areas only exist in the PUR regulations.
Staff Finding - The
current A (Agricultural) District zoning designation is inappropriate since the
property has been annexed into the City of Lawrence. The proximity to W. 6th Street makes this tract less desirable for low-density residential
development. The ability to mix housing types and transitional land uses
between 6th Street and the low-density detached housing to the south
is beneficial in providing housing choices within an overall neighborhood
concept.
An RM district for this purpose is not the appropriate zoning district. A
planned unit development (PRD-2) is more suitably and ensures the transition needed
between higher and lower intensity land uses.
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. The property is undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – As noted the current agricultural zoning is not appropriate. Approval of the request would expand the types of housing that could be constructed at the north end of the neighborhood. Zoning and subdivision approval are required prior to development. Horizon 2020 recommends a density as a range rather than an ultimate goal. The proposed RM-2 district allows the maximum density of 21 dwelling units per acre. Development concerns can be mitigated through the use of a Planned Residential District that has more detailed development and design requirements.
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 request abuts an arterial street on the north side and a collector street on the west. This area has been anticipated for residential development since the late 1980’s. Higher intensity uses have also been anticipated along the arterial street. The intent of providing a land use transition between higher and lower intensity uses is to protect the integrity of the low-density interior of a neighborhood.
Staff Finding – The RM-2 District is a high-density residential zoning district. Staff concludes there is a sound planning benefit to providing clustered higher-density residential uses near arterials that border a neighborhood. Given restrains of the current zoning code, a more appropriate tool to facilitate that density is the use of a planned unit development at certain locations provides housing choice and limits impact on lower density development centrally located in neighborhood interiors.
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. An alternative is to limit the location and extend of other land uses. The proposed request will abut a low-density residential district along the southeast and southwest property lines.
The proposed request allows for a maximum density of 21 dwelling units per acre. Horizon 2020 addresses high-density development as follows:
High-density residential development, reflecting an overall density of 16 to 21 dwelling units per acre, is recommended at selected locations near high-intensity activity areas or near existing high density residential developments.
A variety of locations for high-density residential development are recommended. These include sites primarily along the SLT and Eastern Parkway.
Large concentrations of high-density housing are not compatible with the overall character and development pattern of the city and should not be permitted. As with medium-density housing, a range of densities and housing types should be encouraged. The design and development of all new high-density residential development should be carefully controlled to ensure compatibility with surrounding uses, adequate screening and buffering, an attractive appearance from nearby roadways, and a high-quality living environment.
Municipal services can be extended to this property. Horizon 2020 further provides recommendations for lot orientation and access which will be discussed as part of the preliminary plat review.
Specific polices address location of high density residential development as follows:
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RESIDENTIAL LAND USE GOALS AND POLICIES Medium- and Higher-Density Residential Land Use |
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Policy 1.3: Identify suitable sites. Medium- and higher-density development should be arranged in small clusters as transitions from more intensive land uses, or located at the intersection of major streets.
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Policy 1.6: Consider Access. (b). Higher-density residential development shall be located adjacent to arterial, access or frontage roads.
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Policy 2.6: Consider Residential Density and Intensity of Use. (a.)The number of dwelling units per acre in any residential category should be viewed as representing a potential density range rather than a guaranteed maximum density. Potential development should be approved based upon consideration of natural features, public facilities, streets and traffic patterns, neighborhood character, and surrounding zoning and land use patterns.
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GOAL 3: Compatible Transition from Medium- and Higher-Density Residential Development to Both More Intensive and Less Intensive Land Uses Ensure transition from medium- and higher-density residential neighborhoods is compatible with non-residential land uses or low-density residential land uses.
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Policy 4.1: Levels of Service The construction of new medium- or high-density residential development or the expansion of existing medium- or higher-density residential development shall not be approved until the surrounding street system can provide an acceptable level of service.
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Policy 4.3: Minimize Traffic Diversion Discourage the diversion of traffic to or from medium- and higher-density residential developments onto local residential streets through low-density residential neighborhoods.
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Policy 4.4: Ensure Adequate Ingress and Egress Adequate ingress and egress for residential developments should strive to provide a minimum of two access points.
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Policy 4.5: Limit Access Lot access and street configurations should be designed to avoid curb cuts and local street intersections on arterial streets and coordinate access with adjacent developments.
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Many of the policies expand on the physical design or building aspects of development and orientation of development. The plan recommends higher density residential development “primarily” along the SLT and Eastern Parkway. The Land Use Map 3-2 does not include any detailed descriptions for this area with regard to land use. The text related to residential land uses does not prohibit higher density development along W. 6th Street.
The critical element is to assure appropriate transitions and building orientations are addressed through the site plan and subdivision processes.
Staff Finding – Higher-density residential land use is request is consistent with Horizon 2020 land use recommendations.
STAFF REVIEW
Key to appropriate location of high-density residential development is integration of the subject property with the surrounding low-density residential developments to the south and east. This integration is reviewed through the subdivision plat and development/site plan process.
Requiring the zoning to be contingent upon final platting reduces the number of errors that result when platted lot lines and zoning boundaries do not coincide. These errors are often not discovered until residents are attempting to refinance a home and are informed that they have multiple zoning districts across their lot. A recommendation that the zoning be contingent upon approval and recording of a final plat is consistent with previous land use approvals.
Staff recommends the use of the lesser change table to amend this request to PRD-2 (Planned Residential District). The lesser change, as described in the staff report, facilitates transitions in residential density while ensuring appropriate neighborhood design elements are addressed. The PRD-2 District has a maximum density of 15 dwelling units per acre. While this is technically in the category of a medium density range, it allows for the development to proceed subject to conditions. The PRD-3 (Planned Residential District) district allows for a maximum of 25 dwelling units per acre and would require a new public hearing and notice.
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PROFESSIONAL STAFF RECOMMENDATION Staff recommends approval of rezoning Z-03-21-05 approximately 4.2 acres from A (Agricultural) District to PRD-2 (Planned Residential District) District and forwarding it to the City Commission with a recommendation for approval based on the lesser change table to PRD-2 (Planned Residential District) and 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; and 2. Approval of a preliminary development plan prior to publication of the zoning ordinance.
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