PC Staff Report

08/24/05

ITEM NO. 15A:         M-1A TO RS-2; 8 ACRES; NORTH OF 31^ST STREET, SOUTH OF HARPER STREET (EXTENDED) AND EAST OF HASKELL AVENUE (LAP)

 

Z-06-36-05: A request to rezone a tract of land approximately 8 acres from M-1A (Light Industrial) District to RS-2 (Single-Family Residential) District. The property is generally described as being located south of Harper Street and east of Haskell Avenue. Submitted by Landplan Engineering, P.A. for Mary’s Lake Properties, L.L.C., property owner of record.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning 8 acres from the M-1A 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.

 

Reason for Request:

To develop single-family housing on 8 acres of undeveloped property.

 

KEY POINTS The intent of the applicant is to develop single-family housing on 8 acres within the Lawrence city limits. The property is zoned M-1A (Light Industrial) District. Lots 38 and 39 are to be conveyed from the City of Lawrence to Mary’s Lake Properties, L.L.C. via a real estate and sales agreement.

GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA The character of this area is residential, and includes light industrial uses and undeveloped land. The Prairie Park Nature Center is located to the northeast of the subject parcel. CONFORMANCE WITH HORIZON 2020 This area is depicted as Office Research/Industrial/Warehouse/Distribution on the Future Land Use Map. While the rezoning application is not in conformance with the Future Land Use Map, the area is abutted by residential development to the north and open space to the east. Additionally, the application conforms with Horizon 2020 policies related to low-density residential development.

ASSOCIATED CASES/OTHER ACTION REQUIRED The following two associated cases are also listed on the August 24, 2005 Planning Commission agenda: Z-06-37-05: M-1A to RS-2, 2.09 acres; north of 31st Street, south of Harper Street (extended) and west of Haskell Avenue. PP-06-12-05:  A preliminary plat for Mary’s Lake Addition. ·         A final plat of King Industrial Park Subdivision, which was recorded in 1979, included the subject property. ·         Recording of a final plat prior to publication of the rezoning ordinance.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None received.

GENERAL INFORMATION
Current Zoning and Land Use:	M-1A (Light Industrial) District; undeveloped land.
Surrounding Zoning and Land Use:	RS-2 (Single-family Residential) District to the north; single-family homes.   M-1A (Light Industrial) District to the south, east, and west; undeveloped land (proposed for rezoning from M-1A to RS-2), future city parkland, and industrial uses, respectively.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly south, east, and west of the subject parcel is zoned M-1A (Light Industrial) District, while the land to the north is zoned RS-2 (Single-family Residential) District. Industrial uses are located to the west of the subject parcel, while future city parkland is located directly east. Single-family homes are located to the north, and undeveloped land is located directly south.

 

Staff Finding – The applicant is proposing to rezone 8 acres from the M-1A (Light Industrial) District to the RS-2 (Single-family Residential) District. The subject property is currently undeveloped and is heavily wooded. The areas surrounding the subject property are zoned RS-2 (Single-family Residential) District and M-1A (Light Industrial) District. The subject parcel is surrounded by single-family homes, undeveloped land, and light industrial uses. Approximately 2.09 acres directly south of the subject parcel are also being considered for rezoning from the M-1A (Light Industrial) District to the RS-2 (Single-family Residential) District. This area is not being considered with the subject application because it was originally submitted for rezoning from the M-1A (Light Industrial) District to the RO-1A (Residence-Office) District. As the property is not allowed access onto 31^st Street because it is considered a future four-lane major arterial, the applicant has requested to change the rezoning request from the M-1A (Light Industrial) District to the RS-2 (Single-family Residential) District.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a mix of single-family residences, parkland, and light industrial uses. While the area does include several light industrial uses, the area to the north and beyond the parkland to the east includes single-family homes. Prairie Park Nature Center is located northeast of the subject parcel. The subject property is located within the Lawrence city limits. However, the city limits is located just south of 31^st Street as it abuts the property.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The subject property is currently zoned for light industrial uses. According to the city’s Zoning Regulations, the purpose of the M-1A (Light Industrial) District is “… (a) to provide an industrial park type environment to accommodate a wide range of modern administrative facilities, research institutions, manufacturing plants, warehousing and wholesaling activities, and (b) to protect nearby residential and commercial areas.”

 

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 city’s Zoning Regulations state, “RS Districts are designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings. In addition to the general purposes applying to residential districts, the regulations for the RS Districts are designed to encourage the provision of single-family, detached residences in districts of four permitted densities…”

 

Staff Finding – Platted property surrounds the subject area in each direction. Future city parkland lies to the east of the area, while undeveloped property is located directly south. The area features single-family homes, light industrial uses, and parkland. Parkland and single-family homes will abut the subject property on three of its four sides. Therefore, it is suitable for residential uses.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding - The property has been zoned M-1A (Light Industrial) District since 1979. The subject property is unimproved and does not include industrial uses.

 

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

 

Staff Finding – This single-family parcel would be surrounded by single-family development to the north and south, with parkland to the east and industrial uses to the west. Therefore, approval of a rezoning of this property from the M-1A (Light Industrial) District to the RS-2 (Single-Family Residential) District should not detrimentally affect nearby properties. The single-family use of this property is compatible with the residential neighborhoods to the north and south.

 

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 – If the property retains its M-1A (Light Industrial) District designation, it would be able to function with any of the following permitted uses, among others: agriculture (animal husbandry), agriculture (field crops), community facilities and utilities, temporary uses, professional offices, manufacturing (low nuisance), and research and testing.

 

A rezoning of this property to the RS-2 (Single-family Residential) District would provide little benefit to the public health, safety, or welfare. However, as the new owner is expected to construct single-family housing that is surrounded by single-family housing, parkland, and industrial uses, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the property owner to develop 8 acres of land for residential purposes.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located in the southeast area of Lawrence. Consideration should be given to the following Horizon 2020 goals and policies:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

 

GOAL 4:   Criteria for Location of Low-Density Residential Development (Page 5-16)

Policy 4.5:  Ensure Adequate Infrastructure (Page 5-16)

 

GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses (Page 5-19)

          Policy 6.1: Use Appropriate Transitional Methods (Page 5-19)

 

Staff Finding – As existing development surrounds the project to the north and west, the project will be adequately served by an extension of water mains, stormwater enclosures, and streets. While the associated sanitary sewer pump station, Pump Station 22 (PS 22), does not include capacity to serve the development, a replacement pump has been ordered and should be installed in early September. Approval of the preliminary plat is conditioned upon verification of sanitary sewer service. Since industrial uses abut the property on its western side, approval of the preliminary plat will be conditioned upon the addition of a 20-foot landscape easement. Where existing trees and vegetation are not available to serve as a sufficient buffer, the applicant will be required to plant additional trees.

 

The application does not conform to the Future Land Use Map designation of Office Research/Industrial/Warehouse/Distribution. However, this map was developed in part based on the property’s existing industrial zoning. As the subject property is abutted by residential development to the north and future city parkland to the east, the area is appropriate for residential development.

 

STAFF REVIEW

The subject property is located east of Haskell Avenue and north of 31^st Street. As previously stated, land uses surrounding the property include single-family homes, light industrial uses, and parkland. The property will be surrounded by single-family homes to the north and south, and parkland to the east. As the subject parcel was previously approved with the final plat of King Industrial Park Subdivision, it is being replatted with the subject application. It is also important to note that the application conforms with Horizon 2020 in that the subject area is suitable for residential development.