PC Staff Report

09/28/05

ITEM NO. 19A:         A TO RS-2; 10.281 ACRES; 515 MONTEREY WAY (LAP)

 

Z-07-46-05:  A request to rezone a tract of land approximately 10.281 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located at 515 Monterey Way. Submitted by Paul Werner Architects for Fairway, L.C., property owner of record.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning 10.281 acres from the A District to the RS-2 District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.
Reason for Request:	To develop 41 single-family homes on 10.281 acres.

 

KEY POINTS The intent of the applicant is to develop a single-family neighborhood on 10.281 acres within the Lawrence city limits. This development would be consistent with adjacent properties, as residential lots varying in size from 4,500 to 13,500 square feet exist within the vicinity of the subject property. As the density for this project is 4 units/acre, it is considered to be a low-density residential development according to the standards of Horizon 2020.

GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA The character of this area is residential, and includes single-family homes, multi-family development, and a religious institution. CONFORMANCE WITH HORIZON 2020 The application is in conformance with the Future Land Use Map designation of low- density residential uses for the subject area. The rezoning of this area from the A District to the RS-2 District is consistent with several policies pertaining to low-density residential development.

ASSOCIATED CASES/OTHER ACTION REQUIRED ·         Also listed on the September 28, 2005 Planning Commission agenda is case no. PP-07-17-05: Preliminary Plat for Doolittle Subdivision; east of Seele Way, north of Overland Drive, south of Trail Road, between Eldridge Street & Monterey Way.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None received.

 

GENERAL INFORMATION
Current Zoning and Land Use:	A (Agricultural) District; unoccupied farmstead.
Surrounding Zoning and Land Use:	RS-2 (Single-family Residential) District to the north and west; single-family homes.   RS-2 (Single-family Residential) District to the east; single-family homes and Lawrence Bible Fellowship.   PCD-1 (Planned Commercial) District to the south; multi-family and commercial uses.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding – The applicant is proposing to rezone 10.281 acres from the A (Agriculture) District to the RS-2 (Single-Family Residential) District. Although located within in the city, this property retained its county zoning designation upon annexation. The existing single-family home, associated agricultural buildings, and vegetation will be removed with the pending development. The areas surrounding the subject property are zoned RS-2 (Single-family Residential) District and PCD-1 (Planned Commercial) District. The subject parcel is mostly surrounded by single-family homes, with commercial, multi-family, and religious uses.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a mixture of uses, with the predominant use being single-family residential development. Most of the parcels surrounding the subject property are zoned RS-2 (Single-family Residential) District, while the area to the south of the parcel is zoned PCD-1 (Planned Commercial) District.

 

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 in 1998, 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 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 residential development surrounds the subject property in all directions. The area features single-family, multi-family, commercial, and religious uses. Based on the property being located within the city limits, it is not well-suited for the county A (Agricultural) District.

 

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 property is developed with a house and several outbuildings, including a circa 1850s barn. It is currently unoccupied.

 

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

 

Staff Finding – As the subject property is located within the city limits, adjacent to single-family and multi-family uses, 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. Single-family use of this property would be compatible with the residential neighborhood.

 

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 have no direct benefits on the public health, safety, or welfare. The new owner is expected to construct single-family houses, a use consistent with the residential use of adjacent properties. The rezoning would not adversely affect its surroundings, although development will generate additional traffic onto Eldridge Street. Granting the rezoning request would allow the property owner to develop 10.281 acres of land for residential purposes.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located in the northwest area of Lawrence. The Horizon 2020 following goals and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

 

GOAL 3:  Neighborhood Conservation (Page 5-14)

Policy 3.3:  Encourage Compatible Infill Development (Page 5-14)

 

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

          Policy 4.2:  Protect Areas Planned for Low-Density Development (Page 5-16)

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

 

Staff Finding – The project conforms to several Horizon 2020 policies related to low-density residential uses. Specifically, as the subject property is located within a residential development, the project will provide an infill development that is compatible with its surroundings. Additionally, nearby water mains, stormwater enclosures, and streets are accessible to the site.

 

STAFF REVIEW

Regarding sanitary sewer service, per discussions between the applicant and the city’s Utilities Department, the development’s sanitary sewer flows will be directed via gravity from the development’s location in the Kansas River 2 (KR-2) Basin to the Wakarusa River 3 (WR-3) Basin. This cross-basin boundary flow does not comply with the 2003 Wastewater Master Plan recommendations and therefore is not an accepted sanitary sewer system extension. However, due to downstream capacity concerns with the KR-2 Basin, the location of the proposed subdivision, the magnitude of the proposed flows, and the existing capacity in the WR-3 Basin, this cross-basin request is acceptable to the city’s Utilities Department.