Public Hearing Item
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PLANNING COMMISSION REPORT SUMMARY |
PC staff report
07/27/05
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ITEM NO. 11:
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RS-2 TO RM-D; 26.711 ACRES; NORTH OF HARVARD ROAD AND EAST OF GEORGE WILLIAMS WAY (SLD) |
SUMMARY
Z-06-35-05: A request to rezone a tract of land approximately 26.711 acres from RS-2 (Single-Family Residential) District to RM-D (Duplex Residential) District. The property is generally described as being located north of Harvard and east of George Williams Way. Submitted by Paul Werner Architects for Harvard, L.C, property owner of record.
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STAFF RECOMMENDATION: Staff recommends denial of the 26.711 acres from RS-2 to RM-D (Duplex Residential) District and forwarding it to the City Commission with a recommendation for denial based on the findings of fact found in the body of the staff report. |
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Reason for Request: |
“Due to the lack of owner-occupied duplex housing in this area, along with the proximity to major roadways and the 10 acre park, we believe that this location would be better suited for Residential –Duplex rather than Single-Family.” |
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KEY POINT Property is platted as Green Tree Subdivision. Most recent development applications and neighborhood contact have noted that the subject property will be developed for single-family residence. If approved, no additional actions will be taken. Subdivision plat will accommodate duplex development based on size of lots |
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA · Development around the subject property has begun with an expectation of single-family detached development. Property owners have made decisions based on recent previous actions for this area. SUITABILITY OF SUBJECT PROPERTY FOR USES TO WHICH IT HAS BEEN RESTRICTED · The developer changed direction from an RM development to an RS development as described in the history section of this report. CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed request is not in conformance with the Comprehensive Plan |
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ASSOCIATED CASES/OTHER ACTION REQUIRED Z-10-31-03; A to RM-1 (Multiple-Family Residence) District [approved, withdrawn by application for substitution by Z-04-15-04] Z-4-15-04; A to RS-2 (Single-Family Residence) District [revised request to replace Z-10-31-03] Preliminary and Final Plat of Green Tree Subdivision recorded |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
Letter from Russ Lang included in packet Alan Cowles, West Lawrence Neighborhood Association Tim Herndon, Landplan Engineering inquiring about request |
PUBLIC HEARING ITEM:
PC staff report
07/27/05
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ITEM NO. 11:
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RS-2 TO RM-D; 26.711 ACRES; NORTH OF HARVARD ROAD AND EAST OF GEORGE WILLIAMS WAY (SLD) |
Z-06-35-05: A request to rezone a tract of land approximately 26.711 acres from RS-2 (Single-Family Residential) District to RM-D (Duplex Residential) District. The property is generally described as being located north of Harvard and east of George Williams Way. Submitted by Paul Werner Architects for Harvard, L.C, property owner of record.
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GENERAL INFORMATION | |
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Current Zoning and Land Use:
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RS-2 (Single-Family Residence) District; undeveloped platted residential subdivision |
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Surrounding Zoning and Land Use: |
RS-1 (Single-Family Residence) District along the west and south property lines; City Park property (undeveloped). Elementary school to the south west
RS-2 (Single-Family Residence) District to the west, south and north; single-family residential development.
RM-1 (Multiple-Family Residence) District to the west (west of George Williams Way). Undeveloped, property. |
History:
Two previous zoning applications have been considered for this property. The general area has been anticipated for residential development since the early 1980’s. The area to the west, know as Diamondhead, located on the west side of George Williams Way was platted as an integrated residential, multi-family and office/commercial development. This project included an area along George Williams Way zoned for RM-1 (Multiple-Family Residence) District. The development intent is to plat individual lots with townhome type uses as conveyed on conceptual drawing presented to city staff by the developer. There were no formal plans submitted or conceptually presented for staff for the area east of George Williams Way. As part of Horizon 2020 and Transportation 2020 and Transportation 2025 the collector street network was established for the remaining undeveloped areas between the SLT and the platted areas generally located west of Congressional Drive.
The initial development request was made in October 2003 for RM-1 (Multiple-Family Residence) District. There was no subdivision plat associated with the rezoning request at that time. The Planning Commission recommended approval of the request subject to the recording of a final plat prior to publication of the zoning ordinance. On Tuesday, December 9, 2003, the Lawrence City Commission as part of the regular agenda voted unanimously to indefinitely table the zoning. The City Commission directed that a subdivision plat must be provided prior to consideration of the rezoning.
A series of actions confirming single-family residential development began in April 2004 and are detailed as follows:
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding –The subject property is surrounding by single-family residential zoning to the east, north and south (east side of George Williams Way). The area is developing with single-family lots. The area to the west is undeveloped, but platted for both single-family and multi-family development.
II. CHARACTER OF THE AREA
The subject property is part of a developing low-density residential neighborhood dominated by single-family detached homes. As part of the subdivision plat review process, a direct street connection was required with the proposed development to the north. Direct access to George Williams Way was prohibited. Multiple land use decisions have been made by city staff, planning and city commissions as well as individual property owners based on an expectation of housing type since the RS-2 (Single-Family Residence) District was approved for the subdivision know as Green Tree Subdivision.
Staff Finding –The character of the area is a low-density, single family residential neighborhood. The area west of George Williams Way (Diamondhead) is intended as a mixed development including multiple types of residential development.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The suitability of the subject property assesses the existing and intended conditions related to the subject property. Staff found in 2003 that the then A (Agricultural) district was not suitable. The report stated:
Z-10-31-03: “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 limited accessibility, proximity, and anticipated traffic on George Williams Way[1], reduce the appropriateness of low-density residential development for this property.”
It was anticipated that a direct access to George Williams Way would be included in the development of the subject property rather than from the south (Harvard Road as was approved per the subdivision plat). The rezoning request was approved by both the Planning Commission and the City Commission subject to platting. This request was revised in 2004 per Z-04-15-04. Staff again concluded that the agricultural district was not appropriate. The proposed single-family development supported the emerging pattern of the area.
With additional development to the northeast, the neighborhood has become more active in addressing expectations of the area. This area has for the past year been portrayed as a single-family subdivision. Staff has noted that other uses may be proposed along W. 6th Street and to the west of George Williams Way.
Staff Finding –The subdivision layout and land use requests to the north and east have conveyed a continuation of low-density, single-family detached development for this area. The developer changed direction from an RM development to an RS development as described in the history section of this report. Development around the subject property has begun with an expectation of single-family detached development for the subject property. Property owners have made decisions based on recent previous actions for this area.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is undeveloped and has been zoned for single family residential development since December 26, 2004 (ordinance 7799).
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Additionally opportunities for duplex development exist on the Collister property located along W. 6th Street and within the Diamondhead property on the west side of George Williams Way. An additional option for multi-family development is also provided for along W. 6th Street as part of the 6th & Stoneridge development approved by the Planning Commission in June 2005. The orientation of the subdivision appears to be out of place for multi-family development.
Approval of the request or justification that the RM-1 (Multiple-Family Residence) District to the west is sufficient to support duplex development is insufficient. The orientation of the subdivision as a duplex development would anticipate an additional connection to George Williams Way. Duplex development is predominantly used in today’s code as a buffer use between higher density development and lower density single-family housing. While this district would meet the transitional uses from west to east, it does not satisfy the transitional relationship from north to south. The subject property has more orientation, integration, and connectivity to the subdivisions on the east side of George Williams Way. Staff recommends this property be retained as a single-family detached residential area.
Staff Finding – New property owners express a reliance on stated development intentions. Land use decisions for this area are very recent. The approved and recorded subdivision plat is designed for single-family detached homes. A more direct transition between multi-family and the developing single-family lots to the north and east was note included in the approved subdivision design.
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 has been planned and platted for single-family development. If the request is denied the applicant still retains the ability to develop the property with single family homes. Approval would double the density and traffic generated[2] from the area which may have some negative impacts on new property owners in the area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The Plan 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 approved and published RS-2 (Single-Family Residence) District expanded the low-density residential district in this area and was found to be consistent with the generalized land use expectation for residential development in 2004 per Z-4-15-04. A subdivision plat for single-family residential development was approved and recorded as the Green Tree Subdivision in October 2004 as a requirement of the zoning.
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.
If approved, the result will be to sandwich a small pocket of single-family (Stoneridge North) homes between higher density residential developments with little or no buffering or land use transition.
Staff Finding – The proposed request is not in conformance with Horizon 2020
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends denial of the 26.711 acres from RS-2 to RM-D (Duplex Residential) District and forwarding it to the City Commission with a recommendation for denial based on the findings of fact found in the body of the staff report.