PUBLIC HEARING ITEM:

 

 

ITEM NO. 7:        RS-1 TO RS-E; 88 LOTS IN WESTERN HILLS NEIGHBORHOOD (JLT)

 

SUMMARY

 

Z-08-41-04:  A request to rezone property in the Western Hills neighborhood from RS-1 (Single-Family Residence) District to RS-E (Single-Family Residence Estate) District. This item was initiated by the Lawrence City Commission on August 24, 2004 based on a request by the majority of property owners in the Western Hills neighborhood. (A petition of support from property owners to be rezoned is on file at the Planning Office.)

 

Note: Two recent lot splits have resulted in an actual count of 90 lots. The 90 lots are located in the Western Hills Suburban Rancheros (55 lots), Western Hills Suburban Rancheros No. 3 (3 lots), Sloan (9 lots), Lindsey Heights (1 lot), RL (3 lots), Bloom West (6 lots), and Bloom South (4 lots) subdivisions. Within the area requested for rezoning, there are also nine unplatted lots.   

 

The 90 lots are located in an area bound by Monterey Way (east) to Wagon Wheel Road (west), and from Bob Billings Parkway (south) to W. 12^th Street (north).

 

Attachment A:                   Map of proposed rezoning area.  

Attachment B:                   List of property owners who signed petition in support of rezoning.

Attachment C:          Size and address of properties to be rezoned.

Attachment D:          Map of properties to be rezoned (by size).

Attachment E:          Correspondence to date -- September 10, 2004.

Attachment F:          Excerpt of minutes from the August 24, 2004 City Commission meeting.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:                   RS-1 (Single-Family Residence) District; single-family residences and five undeveloped lots.   

 

Reason for Request:                               Rezoning request was initiated by the Lawrence

                                                          City Commission on August 24, 2004.

 

LOT AREA - CURRENT ZONING (RS-1):    10,000 sq. ft. minimum lot area with 10,000 sq. ft. required for each dwelling unit. 

 

LOT AREA - PROPOSED ZONING (RS-E):   20,000 sq. ft. minimum lot area with 20,000 sq. ft required for each dwelling unit.

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding – All property within the area to be rezoned is currently zoned RS-1 (Single-Family Residence) District. Property to the north is zoned RS-1 and RS-2 (Single-Family Residence) Districts. Property to the east and south is zoned both RS-1 and RS-2 (Single-Family Residence) Districts. Property to the west is zoned RM-1 (Multiple-Family Residence) and RS-2 (Single-Family Residence) Districts.

 

 

 

II.       CHARACTER OF THE AREA

 

The subject area, commonly referred to as Western Hills neighborhood, is located in an area bound by Monterey Way (east) to Wagon Wheel Road (west), and from Bob Billings Parkway (south) to W. 12^th Street (north). The 90 lots are located in 7 separate subdivisions: Western Hills Suburban Rancheros (platted in 1965); Western Hills Suburban Rancheros No. 3 (platted in 1966); Sloan (platted in 1965); Lindsey Heights (platted in 1989); RL (platted in 2004); Bloom West (platted in 1986); Bloom South (platted in 1991); and unplatted lots (9 lots) along W. 12^th Street. The unplatted single-family lots along W. 12^th Street were developed in Douglas County ca. 1965. For the most part, the subject area was annexed into the City of Lawrence in 1985 with additional annexations occurring in 1986.

 

The subject area is currently zoned RS-1 (Single-Family Residence) District. Within the past decade, nine large, single-family lots within the area have been subdivided to create two (and three) lots for additional single-family residences. The majority of these divisions occurred after the installation of sanitary sewers in the area, which occurred in 1987 and 2001. Because the majority of lots within the subject area are greater than 30,000 sq. ft. in size, splitting a single lot into two or three separate lots has increased in frequency over the past few years. Examples of lot splits can be found at the intersection of W. 12^th Street and Monterey Way; single lots were replatted and split to create the Lindsey Heights and RL Subdivisions, each with three individual lots.

 

From the 90 lots proposed for rezoning, lots range in size from 10,864 sq. ft. to 191,762 sq. ft. 

with an average lot size of 42,396 sq. ft. Based on the proposed RS-E (Single-Family Residence Estate) District zoning which has a minimum lot area of 20,000 sq. ft., lots within the rezoning area fall into one of three categories:

 

• Lots with less than 20,000 sq. ft. -        9;
• Lots with less than 40,000 sq. ft. -        35; and
• Lots with more than 40,000 sq. ft. -     46.

 

From these numbers, the nine lots at less than 20,000 sq. ft. would be considered “non-complying” by not meeting the minimum lot size in the RS-E (Single-Family Residence Estate) District zoning. The 35 lots that are less than 40,000 sq. ft. meet the 20,000 sq. ft. minimum lot size in the RS-E (Single-Family Residence Estate) District zoning, but are not large enough to be split into two or more lots. The remaining 46 lots with more than 40,000 square feet may potentially split at least once, provided that each lot met the minimum zoning and subdivision regulations as to minimum lot size, width, depth and setback.

 

Staff Finding - The overall character of the area represents single-family homes on large parcels with mature trees and gardens that “read” as unplatted lots, given the large lot sizes and lack of a strong development pattern.

 

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

 

The subject area is currently zoned RS-1 (Single-Family Residence) District which has a 10,000 sq. ft. minimum lot area with 10,000 sq. ft. required for each dwelling unit. Because the majority of the lots within the subject area are greater than 30,000 sq. ft. in size, splitting a single lot into two or three separate lots has increased in frequency over the past few years.  

 

Staff Finding - The subject area is suited for low-density, single-family residential uses.

 

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

 

Staff Finding – The subject area was zoned RS-1 (Single-Family Residence) District when annexed into the City of Lawrence in 1985 with additional annexations occurring in 1986.

 

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

 

As previously noted, the current zoning designation is compatible with the surrounding neighborhood.  However, the removal of the RS-1 (Single-Family Residence) District base zoning and rezoning to RS-E (Single-Family Residence Estate) District will not have a detrimental affect on nearby property. 

 

Staff Finding – The current zoning designation is compatible with the surrounding neighborhood.  Rezoning to RS-E (Single-Family Residence Estate) District will not have a detrimental affect on nearby property.

 

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 these criteria weighs the benefits to the community-at-large versus the benefit of the owners of the subject property.  Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare.

 

Staff Finding - Denial of the rezoning would not provide a gain to the public health, safety and welfare.  The rezoning of the subject area may provide relative gains to the community by restricting splitting of large-size lots into smaller parcels, thereby respecting the character of the original development of this area as “suburban”-size lots within City limits. The requested rezoning can also be perceived as a gain to property owners in the Western Hills neighborhood who want to limit density. However, property owners with lots of less than 40,000 sq. ft. who are currently permitted to split a lot under RS-1 District zoning will not be allowed to split lots with the proposed RS-E (Single-Family Residence Estate) District zoning.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on key features, goals, policies and recommendations of the plans.  The Comprehensive Plan identifies the following strategies, policies, and goals for residential development which are related to existing neighborhoods.

 

Horizon 2020 recognizes the subject property and its immediate area as representative of “Very Low Density Residential/Low Density Residential” uses. Very low-density residential development has a density of one or fewer dwelling units per acre. Low-Density residential development reflects a density of 6 or fewer dwelling units per acre. Both densities correspond with the single-family character of an RS-1 (Single-Family Residence) District or the character of RS-E (Single-Family Residence Estate) District.

 

Horizon 2020 – Chapter Five – Residential Land Use

STRATEGIES:  RESIDENTIAL DEVELOPMENT

 

•        The character and appearance of existing residential neighborhoods should be protected and enhanced.

 

Horizon 2020 also suggests the use of an estate residential zoning category with densities of

one or fewer dwelling units per acre in “sensitive” areas within the Douglas County Urban

Growth Area. As the subject area was annexed into Lawrence City Limits in the mid-1980s, it

stands to reason that the original development of this area reflected estate-sized lots with low-

density development; characteristics that remain today in the Western Hills area.  

 

Staff Finding – The subject area is a fully developed neighborhood in the western portion of Lawrence. Horizon 2020 encourages the protection and enhancement of existing residential neighborhoods. The rezoning application, as proposed, is consistent with Horizon 2020. 

 

STAFF REVIEW

 

The subject area is currently zoned RS-1 (Single-Family Residence) District which has a 10,000 sq. ft. minimum lot area with 10,000 sq. ft. required for each dwelling unit. Because the majority of the lots within the subject area are greater than 30,000 sq. ft. in size, splitting a single lot into two or three separate lots has increased in frequency over the past few years. Section 21-401 of the Code of the City of Lawrence allows for an existing lot to be divided by a lot split into not more than two parts which singularly or combined with an adjoining lot results in two lots which meet the minimum size and area requirements of the zoning district in which the lots are located. The new lots cannot, thereafter, be further subdivided without replatting.

 

From the 90 lots proposed for rezoning, nine lots with less than 20,000 sq. ft. will be classified as “non-complying” with regard to requirements of the RS-E (Single-Family Residence Estate) District zoning: 35 lots with less than 40,000 sq. ft. will not be permitted to split at all; and the remaining 46 lots with more than 40,000 square feet may potentially split at least once, provided that each lot met the minimum zoning and subdivision regulations as to minimum lot size, width, depth and setback. These lot splits could potentially create an additional density of 46 lots and dwelling units to the Western Hills neighborhood. However, many of the existing homes on these larger lots are located in the center of these lots. This placement will further reduce the potential for additional homes in the neighborhood.  

 

Comparison of Lot requirements, RS-1 and RS-E

 

RS-1 District zoning has a 70’ lot width at building line whereas RS-E zoning has a 100’ lot width at building line. While both districts share a 25’ front setback requirement, RS-1 District has an interior side yard setback of 10’ while RS-E has a 20’ side yard setback. On lots of 40,000 sq. ft or larger, the lot’s existing house placement together with lot width and side setbacks may affect how many additional homes could be constructed. If rezoned to RS-E (Single-Family Residence Estate) District, existing homes that do not meet the new setback requirements would become non-complying with regard to that standard.  

 

 

 

STAFF RECOMMENDATION

 

Planning Staff recommends approval of the rezoning of 90 lots from RS-1 (Single-Family Residence) District to RS-E (Single-Family Residence Estate) District based upon the findings of fact presented in the body of the Staff Report and forwarding of it to the Lawrence City Commission with a recommendation for approval.

 

ATTACHMENT A

MAP OF SUBJECT AREA AND SURROUNDING ZONING DISTRICTS

ATTACHMENT B

LIST OF PROPERTY OWNERS WHO HAVE SIGNED A PETITION IN SUPPORT OF THE REZONING REQUEST

 

	Owner	Address
1.	Deborah Nitsch	1121 Wagon Wheel Road
2.	Thomas Tootle	1131 Wagon Wheel Road
3.	Calvin Rice	1200 Wagon Wheel Road
4.	Robert Gruenwald	1210 Wagon Wheel Road
5.	Eric and Edith Eskilson	1220 Wagon Wheel Road
6.	Leslie Rollins	1221 Wagon Wheel Road
7.	David Santee	1310 Wagon Wheel Road
8.	David and Shelly Davis	1311 Wagon Wheel Road
9.	Mary Getter	1320 Wagon Wheel Road
10.	William Conrardi	1321 Wagon Wheel Road
11.	Velta Sitler	1401 Wagon Wheel Road
12.	Robert Johnson	1411 Wagon Wheel Road
13.	Elizabeth Patton	1421 Wagon Wheel Road
14.	Ron Helmick	1151 Monterey Way
15.	Wilford and Constance Hadl	1211 Monterey Way
16.	David and Melanie Klamet	1311 Monterey Way
17.	Nancy Winn	1321 Monterey Way
18.	Richard Bryan	1421 Monterey Way
19.	Raymond Glass	1200 Hacienda Lane
20.	Joyce Williams	1201 Hacienda Lane
21.	John Raney	1211 Hacienda Lane
22.	Dennis and Peggy Pope	1215 Hacienda Lane
23.	Dale and Charlotte Heiserman	1221 Hacienda Lane
24.	John Selk and Christina Jordan	1311 Ranchero Drive
25.	John Humphrey	1320 Ranchero Drive
26.	Sammie Locke	1331 Ranchero Drive
27.	Leanna Carter	1211 Ranchero Court

28.	Michelle Passman	1215 Lake View Court
29.	Danny and Teresa Rew	3910 W. 12th Street
30.	Frederick and JoAnn Lehman	3911 W. 12th Street
31.	Gary and Lois Allan	3920 W. 12th Street
32.	Charles and Janet Mills	3930 W. 12th Street
33.	Steven Hird	4000 W. 12th Street
34.	Jane Johnston	4011 W. 12th Street
35.	Claudia Hooge	4100 W. 12th Street
36.	Carmela Sibley	4101 W. 12th Street
37.	Victor Contoski	4110 W. 12th Street
	Owner	Address
38.	Joan Stern	4111 W. 12th Street
39.	Hugh Conover and Jean Plegge	4120 W. 12th Street
40.	Peggy Johnson	4121 W. 12th Street
41.	Ron Helmick	4130 W. 12th Street
42.	Chris Nyberg	3901 W. 13th Street
43.	Dorothy Frazier	3911 W. 13th Street
44.	Arthur McElhenie	3920 W. 13th Street
45.	Juanita Basinger	3921 W. 13th Street
46.	Ralph and Joy Henley	4010 W. 13th Street
47.	Bruce Passman	4120 W. 13th Street
48.	Stephanie Botteron	4110 W. 13th Street
49.	Thomas Waller	4111 W. 13th Street
50.	Scott Richardson	4121 W. 13th Street
51.	John Keller	4201 W. 13th Street
52.	Linda Lawrence	3907 W. 14th Street
53.	Rodney Oelschlager	3910 W. 14th Street
54.	Gregory and Cathy Thrasher	3911 W. 14th Street
55.	Matilda Emerson	3920 W. 14th Street
56.	Michael Browning	3921 W. 14th Street
57.	Tim Windholz	4001 W. 14th Street
58.	Robert Bloom	4040 W. 14th Street

ATTACHMENT C

SIZE AND ADDRESS OF PROPERTIES TO BE REZONED

 

SQUARE FEET	ACRES	PROPERTY ADDRESS	PIN
Less than 20,000 sq. ft.
10,864	0.249	1207 MONTEREY WAY	023-068-34-0-30-06-001.02-0
11,898	0.273	3905 W 12TH	023-068-34-0-30-06-001.01-0
12,932	0.297	3901 W 12TH	023-068-34-0-30-06-001.00-0
13,741	0.315	4100 W 13TH	023-068-34-0-30-05-013.00-0
14,558	0.334	3907 W 14TH	023-068-34-0-30-07-023.01-0
14,596	0.335	1151 MONTEREY WAY	023-068-34-0-30-01-014.01-0
15,208	0.349	1401 MONTEREY WAY	023-068-34-0-30-07-023.00-0
16,766	0.385	1215 RANCHERO CT	023-068-34-0-30-05-013.01-0
18,673	0.431	4101 W 13TH	023-068-34-0-30-07-006.00-0
Total: 9 lots
Less than 40,000 sq. ft.
20,153	0.463	1215 HACIENDA LN	023-068-34-0-30-05-018.01-0
23,311	0.535	1424 WAGON WHEEL RD	023-068-34-0-30-07-013.02-0
24,098	0.551	1215 RANCHERO DR	023-068-34-0-30-07-006.01-0
29,813	0.684	1321 MONTEREY WAY	023-068-34-0-30-07-028.00-0
30,507	0.700	4010 W 13TH	023-068-34-0-30-05-016.00-0
30,507	0.700	4110 W 13TH	023-068-34-0-30-05-012.00-0
30,819	0.708	3900 W 13TH	023-068-34-0-30-06-007.00-0
33,208	0.762	1200 WAGON WHEEL RD	023-068-34-0-30-05-006.00-0
33,330	0.765	1420 WAGON WHEEL RD	023-068-34-0-30-07-013.01-0
33,607	0.772	1201 HACIENDA LN	023-068-34-0-30-05-001.00-0
35,357	0.812	1211 HACIENDA LN	023-068-34-0-30-05-018.00-0
35,429	0.813	1200 HACIENDA LN	023-068-34-0-30-06-003.00-0
35,454	0.814	3921 W 14TH	023-068-34-0-30-07-025.00-0
35,471	0.814	1131 WAGON WHEEL RD	023-068-34-0-30-02-004.00-0
35,550	0.816	3911 W 14TH	023-068-34-0-30-07-024.00-0
35,860	0.823	4111 W 13TH	023-068-34-0-30-07-007.00-0
36,198	0.831	3920 BOB BILLINGS PKWY	023-068-34-0-30-07-015.00-0
37,017	0.850	4011 W 13TH	023-068-34-0-30-07-005.00-0
37,045	0.850	3910 W 13TH	023-068-34-0-30-06-006.00-0
37,192	0.854	4001 W 13TH	023-068-34-0-30-07-004.00-0
37,240	0.855	3921 W 13TH	023-068-34-0-30-07-003.00-0
37,285	0.856	1310 RANCHERO DR	023-068-34-0-30-07-014.01-0
37,587	0.863	1210 WAGON WHEEL RD	023-068-34-0-30-05-007.00-0
37,587	0.863	1230 WAGON WHEEL RD	023-068-34-0-30-05-009.00-0
37,587	0.863	1220 WAGON WHEEL RD	023-068-34-0-30-05-008.00-0
38,030	0.873	3920 W 13TH	023-068-34-0-30-06-005.00-0
38,071	0.874	4130 W 12TH	023-068-34-0-30-01-005.00-0
38,077	0.874	1421 MONTEREY WAY	023-068-34-0-30-07-021.00-0
38,119	0.875	1411 MONTEREY WAY	023-068-34-0-30-07-022.00-0
38,250	0.878	1311 MONTEREY WAY	023-068-34-0-30-07-029.00-0
38,301	0.879	1121 WAGON WHEEL RD	023-068-34-0-30-02-003.00-0
38,513	0.884	1211 MONTEREY WAY	023-068-34-0-30-06-009.00-0
39,340	0.903	3901 W 13TH	023-068-34-0-30-07-001.00-0
39,851	0.915	4120 W 12TH	023-068-34-0-30-01-006.00-0
39,960	0.917	3910 W 12TH	023-068-34-0-30-01-013.00-0
Total: 35 lots
SQUARE FEET	ACRES	PROPERTY ADDRESS	PIN
Greater than 40,000 sq. ft.
40,437	0.928	4000 W 12TH	023-068-34-0-30-01-010.00-0
40,450	0.929	3930 W 12TH	023-068-34-0-30-01-011.00-0
40,464	0.929	3920 W 12TH	023-068-34-0-30-01-012.00-0
40,499	0.930	4110 W 12TH	023-068-34-0-30-01-007.00-0
40,608	0.932	1221 MONTEREY WAY	023-068-34-0-30-06-008.00-0
41,145	0.945	4100 W 12TH	023-068-34-0-30-01-008.00-0
41,583	0.955	1210 RANCHERO CT	023-068-34-0-30-05-015.00-0
41,583	0.955	1211 RANCHERO CT	023-068-34-0-30-05-014.00-0
41,584	0.955	1210 LAKE VIEW CT	023-068-34-0-30-05-011.00-0
41,672	0.957	3911 W 12TH	023-068-34-0-30-06-002.00-0
41,791	0.959	4010 W 12TH	023-068-34-0-30-01-009.00-0
42,186	0.968	4011 W 12TH	023-068-34-0-30-05-002.00-0
42,320	0.972	1320 RANCHERO DR	023-068-34-0-30-07-014.06-0
42,397	0.973	4000 BLK #2 W 14TH	023-068-34-0-30-07-014.11-0
42,646	0.979	4120 W 13TH	023-068-34-0-30-05-010.00-0
42,834	0.983	1411 WAGON WHEEL RD	023-068-34-0-30-08-022.00-0
42,878	0.984	1401 WAGON WHEEL RD	023-068-34-0-30-08-023.00-0
42,921	0.985	1321 WAGON WHEEL RD	023-068-34-0-30-08-024.00-0
42,966	0.986	1311 WAGON WHEEL RD	023-068-34-0-30-08-025.00-0
43,014	0.987	4121 W 12TH	023-068-34-0-30-05-005.00-0
43,138	0.990	4101 W 12TH	023-068-34-0-30-05-003.00-0
43,200	0.992	4201 W 13TH	023-068-34-0-30-08-001.00-0
44,092	1.012	4111 W 12TH	023-068-34-0-30-05-004.00-0
44,186	1.014	1221 WAGON WHEEL RD	023-068-34-0-30-04-017.00-0
44,757	1.027	1331 RANCHERO DR	023-068-34-0-30-07-014.05-0
46,311	1.063	3911 W 13TH	023-068-34-0-30-07-002.00-0
46,771	1.074	1130 WAGON WHEEL RD	023-068-34-0-30-01-004.00-0
47,152	1.082	1310 WAGON WHEEL RD	023-068-34-0-30-07-009.00-0
47,215	1.084	1221 HACIENDA LN	023-068-34-0-30-05-017.00-0
47,700	1.095	1320 WAGON WHEEL RD	023-068-34-0-30-07-010.00-0
47,700	1.095	1400 WAGON WHEEL RD	023-068-34-0-30-07-011.00-0
47,700	1.095	1410 WAGON WHEEL RD	023-068-34-0-30-07-012.00-0
47,938	1.101	4211 W 13TH	023-068-34-0-30-08-002.00-0
48,247	1.108	4121 W 13TH	023-068-34-0-30-07-008.00-0
50,882	1.168	1421 WAGON WHEEL RD	023-068-34-0-30-08-021.00-0
52,479	1.205	1211 WAGON WHEEL RD	023-068-34-0-30-04-001.00-0
53,097	1.219	3910 W 14TH	023-068-34-0-30-07-027.00-0
53,188	1.221	3920 W 14TH	023-068-34-0-30-07-026.00-0
58,111	1.334	1215 LAKE VIEW CT	023-068-34-0-30-05-010.01-0
61,167	1.404	1311 RANCHERO DR	023-068-34-0-30-07-014.09-0
62,266	1.429	1315 RANCHERO DR	023-068-34-0-30-07-014.10-0
69,781	1.602	1210 HACIENDA LN	023-068-34-0-30-06-004.00-0
69,958	1.606	4001 W 14TH	023-068-34-0-30-07-014.12-0
100,402	2.305	4031 W 14TH	023-068-34-0-30-07-014.08-0
115,083	2.642	1321 RANCHERO DR	023-068-34-0-30-07-014.04-0
191,762	4.402	4040 W 14TH	023-068-34-0-30-07-014.07-0
Total lots: 46

 

ATTACHMENT D

MAP OF PROPERTIES TO BE REZONED (BY SIZE)

 

 

ATTACHMENT E

Correspondence to date 9/10/04

ATTACHMENT F

EXCERPT OF MINUTES FROM THE AUGUST 24, 2004 CITY COMMISSION MEETING

 

Receive report from staff regarding the request from Edward Sloan [Waldeck, Matteuzzi & Sloan, P.C.] representing owners of 58 properties within the Western Hills neighborhood.  Mr. Sloan has requested that the City Commission initiate rezoning of these properties and an additional 30 properties from RS-1 (Single-Family Residence) District to RS-E (Single-Family Residence Estate) District. 

 

Sheila Stogsdill, Assistant Planning Director, said a request was before the Commission to initiate rezoning of the majority of the Western Hills Subdivision.  This was the subdivision that a good portion of the development was originally developed as a county rural subdivision and then was annexed into the city.  At the time that property was annexed, it was standard practice to annex property to RS-1 which, at the time, was the lowest density single-family district.  She said RS-1 allowed development of lots with a minimum lot size of 10,000 sq. ft.   The majority of those properties were originally approximately an acre in size. 

 

She said since this land was annexed, the zoning regulations had been amended and had created two additional low density residential districts; RSE, which was an estate district with a minimum lot size of 20,000 sq. ft., and RSA which was residential agriculture with a one acre minimum. 

 

The request came as a result of a number of lot splits and re-subdivisions of property that had occurred in the last few years and now sanitary sewer was added to this area. 

 

The properties with owners who have petitioned to rezone their property to RSE included 58 out of a boundary that included 88 parcels.  There was a parallel request which would initiate the rezoning of the entire area and schedule that for public hearing.  Before scheduling this issue to come back to the Commission, staff notified all 88 of those property owners about tonight’s agenda item and those property owners would have an opportunity to specifically speak to the initiation.  She said she had conversations with only two recipients of those letters.  One individual had concerns and the other individual was a property owner that was in favor of lower density. 

 

The applicant had a second request that if the Commission initiated those rezonings that the rezoning fees be waived that was paid by those 58 property owners originally.

 

Commissioner Dunfield said out of those 88 properties, how many would be nonconforming if the zoning was initiated.

 

Stogsdill said staff did not know that number specifically, but she believed there were less than five.  She said staff had begun to do that calculation on the properties that had specifically requested rezoning, but had not looked at the rest of those properties.  She said those properties would be looked at in the next month.

 

Mayor Rundle called for public comment.

 

Edward Sloan, Waldeck, Matteuzzi & Sloan, representing the 58 applicants who had made the application for the rezoning of Western Hills Neighborhood, said the City staff report was exactly the points that he was prepared to make.  He said there were 58 out of 88 property owners who had asked for this change.  He said they were requesting that the Commission consider initiating the request for rezoning of all 88 properties.  Of the 58 property owners, they were able to contact an additional two or three residents that opposed the rezoning and the rest of the residents they were unable to get in contact with so they filed the application. 

 

The answer to the non-compliance issue, to the best of his knowledge, it would consist of the lot splits which had been approved and those would be the nonconforming properties inside that district.  He said based on when this annexation occurred and how this property came into the city, the neighborhood and the owners of those properties were very proud of the characteristics of that neighborhood.  Those property owners enjoyed the larger lot size, but what had generated this request was primarily as a result of the lot splits that had been approved.  There was the hope those lot splits would no longer occur in the neighborhood.  He said because of those lot splits, the residents came together as a neighborhood, contacted his office and they put together a petition for the Commission’s consideration.  In the event, the Commission decided not to be the initiator of the request for the rezoning of all those properties the Commission would hear from them next month as to those 58 properties.

 

Christine Howick, Western Hills property owner, spoke against initiating the rezoning.  She had recently purchased her property shortly after it had been annexed by the City.  She said when looking at properties within this neighborhood one of the issues that struck them was that the realtor said that those properties were laid out on the lots and the zoning was adequate to allow subdivision.  When purchasing in this neighborhood it was a possibility that subdivisions would be allowed.  She said this was an item that they looked forward to when selling their home in the future which was the ability to sell to someone who wished to place an additional home on their property. 

 

She said this zoning change would take her property and would disallow her from splitting her property even once.  If the zoning was maintained the way it was, she would be allowed to split her property only once. 

 

She said she listened to people talk about affordable housing and this was one of the issues the Commission had to deal with.  She said the annexation of this parcel into the City made it quite clear that Lawrence came out to them in terms of being a neighborhood and that was anticipated.

 

She said there was an alternative viable option that those property owners had not considered and that was that they could place a covenant upon their deeds.  She encouraged the Commission to not enforce their wishes and their not in my back yard mentality of expansion upon her.               

 

Ron Helmick, property owner in the area, spoke in favor of the rezoning initiation.  He said this was an issue of character in the neighborhood.  He said this petition also included supporting preservation in efforts to limit rural development and smart growth initiatives.  He said this petition fell within those guidelines.  He said their neighborhood valued the character of their large lots for green spaces.  He asked the Commission to initiate the rezoning request for the entire neighborhood based on the vast majority of the petition support.     

 

Vice Mayor Highberger said he did not mind that the Commission initiated this rezoning since it was obviously supported by the majority of the neighborhood.  He said he would reserve his judgment on the actual rezoning itself until after the Planning Commission hearing.

 

He said he was torn on this issue because on one hand this type of development was not something that they could support as a City, just the cost to provide the costs of services.  He said lots of those sizes were high. 

 

Commissioner Schauner echoed Highberger’s comments.  He said the Commission needed to initiate the rezoning and get this matter on to the Planning Commission for their feedback.  He also reserved his judgment on the actual rezoning because the City came to them and they did not ask to be surrounded by City development. 

 

Commissioner Hack agreed with Commissioner Schauner.  She said this was a unique neighborhood and should be protected, but she was willing to listen to Planning Commission input.

 

Moved by Dunfield, seconded by Hack, to concur with Planning Staff’s recommendation to initiate a rezoning form RS-1 (Single-Family Residence District) to RS-E (Single-Family Residence Estate District)  for 88 properties in the Western Hills Neighborhood; conduct a public hearing at the September 22^nd Planning Commission meeting; and waive the filing fee as requested.  Motion carried unanimously.  

 

PUBLIC COMMENT:  None.