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PLANNING COMMISSION REPORT SUMMARY Regular Agenda – Public Hearing Item |
PC Staff Report
07/27/05
ITEM NO. 10A: A TO RS-2; 3.973 ACRES; SOUTH OF WAKARUSA AND EAST OF EISENHOWER (LAP)
Z-04-27-05: A request to rezone a tract of land approximately 3.973 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located at the southeast corner of Wakarusa Drive and Eisenhower Drive. Submitted by Paul Werner Architects, for Glenwood, L.C., property owner of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning 3.973 acres from the A District to the RS-2 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.
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Reason for Request: |
To develop 12 single-family lots on 3.973 acres of undeveloped property. |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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ASSOCIATED CASES/OTHER ACTION REQUIRED · PF-11-42-00: Final Plat of Westwood Hills.
· Recording of a final plat prior to publication of the rezoning ordinance.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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PUBLIC HEARING ITEM:
PC Staff Report
07/27/05
ITEM NO. 10A: A TO RS-2; 3.973 ACRES; SOUTH OF WAKARUSA AND EAST OF EISENHOWER (LAP)
Z-04-27-05: A request to rezone a tract of land approximately 3.973 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located at the southeast corner of Wakarusa Drive and Eisenhower Drive. Submitted by Paul Werner Architects, for Glenwood, L.C., property owner of record.
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GENERAL INFORMATION | |
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Current Zoning and Land Use: |
A (Agricultural) District; undeveloped land.
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Surrounding Zoning and Land Use:
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PCD-1 (Planned Commercial) and PRD-1 (Planned Residential) District to the north; single-family homes and undeveloped land.
A (Agricultural) District to the south; undeveloped land (future city park).
A (Agricultural) District to the east; undeveloped land.
RS-2 (Single-family Residential) District to the west; single-family homes. |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
The property directly to the east of the subject parcel is zoned A (Agricultural) District, while the land to the west is zoned RS-2 (Single-family Residential) District. The properties to the south are zoned A (Agricultural) District, and to the north is a PCD-1 (Planned Commercial) District. Single-family homes surround the property to the north and west. To the east and south is undeveloped land. Approximately 30 acres to the south of the subject parcel is proposed as a future city park.
Staff Finding – The applicant is proposing to rezone 3.973 acres from the A (Agriculture) District to the RS-2 (Single-family Residential) District. The subject property is currently undeveloped and includes several tree clusters. The areas surrounding the subject property are zoned RS-2 (Single-family Residential) District, A (Agricultural) District, PCD-1 (Planned Commercial) District, and PRD-1 (Planned Residential) District. The subject parcel is surrounded by single-family homes, parkland, and undeveloped land.
II. CHARACTER OF THE AREA
Staff Finding – The area is characterized by newly developed single-family homes undeveloped land. Most of the parcels surrounding the subject property are zoned for single-family use, while the area to the north of the subject parcel includes planned unit development districts. The subject property is located within the Lawrence city limits.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned for agricultural use. According to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas, the purpose of the Douglas County A (Agricultural) District is “… to provide for a full range of agricultural activities, including processing and sale of agricultural products raised on the premises, and at the same time, to offer protection to agricultural land from the depreciating effect of objectionable, hazardous and unsightly uses.” The A (Agricultural) District is also intended “… for purposes of… the growing of natural crops and grazing, and to prevent untimely scattering of more dense urban development.”
When the subject property was annexed into the city, it retained its county zoning designation of A (Agricultural) District. The Code states that land annexed into the city will retain its county zoning designation, but that a rezoning request should be initiated by the property owner or the city. The A (Agricultural) District is no longer appropriate for land incorporated into Lawrence.
The applicant is proposing to rezone the subject property to the RS-2 (Single-family Residential) District, which requires a minimum lot area per dwelling unit of 7,000 square feet. The purpose of the RS District is stated as such, “RS Districts are designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings.” The district is also “…designed to encourage the provision of single-family detached residences in districts of four permitted densities.”
Staff Finding – Platted residential development surrounds the subject property to the north and west. A portion of the proposed multi-family development to the east of the subject area is platted. A future city park lies to the south of the proposed rezoning. Based on the proximity of the subject property to several single-family homes, it is not well-suited for the agricultural uses to which it has been restricted.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property is unimproved and does not include agricultural uses.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – As this parcel is surrounded to the north and west by single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the RS-2 (Single-family Residential) District should not detrimentally affect nearby 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
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Staff Finding – A rezoning of this property to the RS-2 (Single-family Residential) District would provide little benefit to the public health, safety, or welfare, but is a necessary step in the development of this property. As the new owner is expected to construct single-family homes on a parcel that is surrounded by other single-family homes, as well as future city parkland to the south and future multi-family development to the east, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the property owner to develop 3.973 acres of land for residential purposes.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The subject property is located in the northwest area of Lawrence. The following goals and associated policies support the rezoning application:
RESIDENTIAL LAND USE GOALS AND POLICIES
Low-Density Residential Land Use
GOAL 4: Criteria for Location of Low-Density Residential Development
“Adopt criteria to guide the placement and design of stable, safe and pleasant neighborhoods.”
Policy 4.5: Ensure Adequate Infrastructure Facilities
Encourage the development of housing located to maximize the use of existing infrastructure and minimize the cost of expanding community facilities and services.
Consideration should be given to ensure that the development of the site includes conformance with the following policies:
GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses
Policy 6.1: Use Appropriate Transitional Methods
b. Lower-density residential areas should be screened from higher-density developments. Natural barriers and dense vegetation and/or berms shall be used where possible.
GOAL 5: Create a Functional and Aesthetic Living Environment
Policy 5.1: Preserve and Protect the Environment
“…Natural vegetation and large mature trees in residential areas add greatly to the appearance of the community as a whole and should be maintained…”
Staff Finding – The project conforms with several Horizon 2020 policies related to ensuring access to adequate infrastructure facilities. As existing development surrounds the project to the west and north, the project will be adequately served by an extension of infrastructure facilities. With the submittal of a site plan application for the proposed multi-family development to the east of the subject parcel, a buffer area should be provided between the two types of uses. The single-family and multi-family development should also be compatible in design. Where feasible, the site’s mature trees should be incorporated into the site design and utilized as natural buffer areas between the multi-family and single-family uses.
The Northwest Plan
As the subject parcel is located in the upper portion of Section 28 in the city’s Northwest Plan, the project is also subject to the recommendations outlined in the plan. The plan’s goals and objectives outlined below are relevant to the proposed preliminary plat.
Planning Goals and Objectives
In General: “Direct higher intensive land uses toward Sixth Street and the South Lawrence Trafficway, but direct lower intensive land uses should toward the north of sections 28 and 29.”
Land Use: “…Single-family residential is encouraged in the central and northern parts of sections 28 and 29.
Residential Land Use
“The Northwest Plan recommends a downward grading of land use intensity as development approaches the northern section lines of Sections 28 and 29, where the presence of woods and slopes is the greatest, and where a very-low density residential land use would best be applied.”
The rezoning request is not only in conformance with the above-mentioned planning goals and objectives of the Northwest Plan, but it is also in conformance with the proposed land use map for the Northwest Plan. Development of the multi-family area directly to the east will be reviewed to ensure a proper transition from the single-family residences.
STAFF REVIEW
The subject property is located west of Wakarusa Drive and east of Eisenhower Drive. As previously stated, land uses surrounding the property include single-family homes, undeveloped land, and parkland. The property is adjacent to platted parcels to the north and west, and is within the Lawrence city limits. The subject area has not been platted.
Because the single-family development is surrounded by existing single-family development and parkland, staff is supportive of this rezoning application. In developing multi-family housing to the west of the subject property, it will be important to buffer the multi-family development from the single-family homes, as well as to ensure compatibility in design. It is also important to note that the application conforms with several Horizon 2020 policies related to infrastructure availability, as well as the Northwest Plan.
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone 3.973 acres from the A (Agriculture) District to the RS-2 (Single-family Residential) 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, subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning ordinance.