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PLANNING COMMISSION REPORT SUMMARY Regular Agenda – Public Hearing Item |
PC Staff Report
07/27/05
ITEM NO. 10B: A TO RM-1; 11.165 ACRES; SOUTH OF WAKARUSA AND EAST OF EISENHOWER (LAP)
Z-04-28-05: A request to rezone a tract of land approximately 11.165 acres from A (Agricultural) District to RM-1 (Multiple-Family Residential) District. The property is generally described as being located west of Wakarusa Drive and east of 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 11.165 acres from the A District to the RM-1 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 multi-family housing on 11.165 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
· 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. 10B: A TO RM-1; 11.165 ACRES; SOUTH OF WAKARUSA AND EAST OF EISENHOWER (LAP)
Z-04-28-05: A request to rezone a tract of land approximately 11.165 acres from A (Agricultural) District to RM-1 (Multiple-Family Residential) District. The property is generally described as being located west of Wakarusa Drive and east of 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).
RS-1 (Single-family Residential) District and RS-2 (Single-family Residential) District to the east; single-family homes.
A (Agricultural) District to the west; undeveloped land. |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
The property directly west of the subject parcel is zoned A (Agricultural) District, while the land to the east is zoned RS-1 and 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, east, and west. To the south is undeveloped land, which is proposed as a future city park.
Staff Finding – The applicant is proposing to rezone 11.165 acres from the A (Agriculture) District to the RM-1 (Multiple-family Residential) District. The subject property is currently undeveloped and includes several tree masses. The areas surrounding the subject property are zoned RS-1 (Single-family Residential) District, 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, undeveloped land, and parkland.
II. CHARACTER OF THE AREA
Staff Finding – The area is characterized by newly developed single-family homes and parkland. 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 RM-1 (Multiple-family Residential) District, which requires a minimum lot area per dwelling unit of 3,500 square feet. The general purpose of the multiple family residential districts is “…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 area appropriate to ultimate multi-family development, and (3) open areas where future multi-family development appears desirable.”
Staff Finding – Platted residential development surrounds the subject property to the north, east and west. A future city park lies to the south of the proposed rezoning. The area features single-family uses and undeveloped land. Based on the proximity of the subject property to several suburban 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 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 multi-family parcel would be separated from existing single-family development by a principal arterial to the north and east and Eisenhower Drive to the west, approval of a rezoning of this property from the A (Agricultural) District to the RM-1 (Multiple-family Residential) District should not detrimentally affect nearby properties. Twelve single-family homes are proposed directly to the west of the mutli-family development. Careful consideration will be given to ensure the multi-family portion is sufficiently buffered from the 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
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 RM-1 (Multiple-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 multi-family housing on a parcel that is abutted by a principal arterial and future city park, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the property owner to develop 11.165 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
Medium- and Higher-Density Residential Land Use
GOAL 1: Criteria for Location of Medium- and Higher-Density Residential Development
“Adopt criteria which will ensure that livability, property values, open space, safety and the general welfare are sustained.”
Policy 1.1: Consider Land Use Relationships
b. Careful attention shall be given to the transition areas between different housing types and different densities and intensities of use so as to ensure compatibility of uses.
Policy 1.5: Ensure Adequate Infrastructure
“Ensure that medium- and higher-density development occurs in areas which can be adequately and efficiently served by infrastructure facilities.”
GOAL 2: Create a Functional and Aesthetic Living Environment
“Create and maintain medium- and higher-density residential developments that are aesthetically pleasing and functionally efficient and practical.”
Policy 2.7: Provide for a Variety of Housing Types
a. Intersperse low- to moderate-income housing throughout the city.
Staff Finding – The project conforms with several Horizon 2020 policies related to medium density residential uses. Specifically, as existing development surrounds the project to the east, west, and north, the project will be adequately served by an extension of infrastructure facilities. The project also complies with Horizon 2020 in that it is expected to provide a moderate-income housing option through its multi-family design. With the submittal of a site plan application for this site, a buffer area should be provided between the multi-family development and the pending single-family development directly to the west. The single-family and multi-family development should also be compatible in design.
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
“…Multiple-family residential land uses (duplex through multi-unit apartments) are primarily planned only in the southern portions of Sections 28 and 29.”
The estimated maximum density of the proposed multi-family development is 12 units per acre, which Horizon 2020 identifies as medium-density development. While the rezoning request is seemingly not in conformance with the aforementioned objectives of the Northwest Plan, the rezoning of a portion of the multi-family area to PRD-2 (Planned Residential) District (with a potential maximum density of 15 dwelling units/acre) was previously approved by the City Commission. However, this rezoning was not published because a preliminary development plan for the site was not submitted. Multi-family development is also appropriate for this site due to the adjacency of a principal arterial, Wakarusa Drive. Development of the multi-family area will be reviewed to ensure a proper transition from the single-family area to the west.
STAFF REVIEW
The subject property is located southwest of Wakarusa Drive and east of Eisenhower Drive. As previously stated, land uses surrounding the property include single-family homes and open space. The property is contiguous with platted parcels to the north, east, and west, is within the Lawrence city limits, and is buffered from existing single-family residential uses by Wakarusa and Eisenhower Drives. As the eastern portion of the subject parcel was previously approved with the final plat of Westwood Hills, this portion is being replatted with the subject application.
Because the multi-family development would be buffered from existing single-family development by roadways and vegetation, staff is supportive of this rezoning application. In developing multi-family housing in this area, it will be important to buffer the pending single-family development to the east of the project vicinity, as well as to ensure compatibility in design. It is also important to note that the application conforms with several Horizon 2020 policies.
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone 11.165 acres from the A (Agriculture) District to the RM-1 (Multiple-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.