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PLANNING COMMISSION REPORT SUMMARY Public Hearing Item – Regular Agenda
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PC staff report 11/16/05 |
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ITEM NO. 16A:
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A TO RM-D; 35.835 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
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Z-06-38-05: A request to rezone a tract of land approximately 35.835 acres from A (Agricultural) District to RM-D (Duplex Residential) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the July Planning Commission meeting.
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ITEM NO. 16C: |
A TO RS-2; 37.580 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
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Z-06-40-05: A request to rezone a tract of land approximately 37.580 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the July Planning Commission meeting. |
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STAFF RECOMMENDATIONS:
Z-06-38-05 Staff recommends deferral of 35.835 acres from A (Agricultural) to RM-D (Residential-Duplex) based on the findings of fact found in the body of the staff report.
Z-06-40-05 Staff recommends deferral of 37.580 acres from A (Agricultural) to RS-2 (Single-Family Residence) District based on the findings of fact found in the body of the staff report. |
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Reason for Request: |
Approval of this request will allow for residential development and the extension of city services to this area.
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KEY POINT · Proposed RM-D zoning allows for land use transition between higher intensity uses and conventional detached housing within proposed preliminary plat. · Subject properties are part of a 119-acre development request not yet annexed pending development and approval of an area plan.
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA · Area is undeveloped.
SUITABILITY OF SUBJECT PROPERTY FOR USES TO WHICH IT HAS BEEN RESTRICTED · Upon annexation the agricultural zoning will no longer be appropriate. · Low-density residential development is anticipated to be a predominant land use. · Medium-density residential uses are incorporated into development to allow land use transition and provide alternate residential housing options within a development.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed requests conform with Horizon 2020. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Z-06-38-05; 35.835 acres to RM-D – subject of this report · Z-06-39-05; 12.329 acres to RM-2 – zoning decision subject to City Commission action · Z-06-40-05; 37.58 acres to RS-2– subject of this report · Z-06-41-05; 17.889 acres to M-1– zoning decision subject to City Commission action · Z-06-42-05; 28.833 acres to C-5 – zoning decision subject to City Commission action · PP-06-16-05; Fairfield Farms East Addition · A-12-14-03; Annexation approved 4/13/04 subject to conditions including adoption of an area plan. · Final Plat to be submitted and approved by Planning Commission and acceptance of easements and dedications of road rights-of-way by the City Commission. · Approval of public infrastructure plans by Public Works. · Recordation of Final Plat at the Register of Deeds Office. · Zoning Ordinance approvals by the City Commission and Ordinance publication.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None received. |
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GENERAL INFORMATION |
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Current Zoning and Land Use:
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A (Agricultural) District; undeveloped pasture land. |
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Surrounding Zoning and Land Use (for these requests): |
A (Agricultural) District to the north and south; undeveloped property.
RM-D (Residential-Duplex) District and RS-2 (Single-Family Residence) District to the west, existing residential development and detention pond located on the west side of O’Connell Road.
PCD-2 (Planned Commercial District) to the east; Douglas County Jail located on east side of Franklin Road.
PRD-1 (Planned Residential District) to the south of the proposed RS-2 (Single-Family Residence) District; existing duplex residential development. |
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding –The subject property is undeveloped and included in a larger development proposal know as Fairfield Farms East and formerly part of the Farmland property. The total development is bounded on the north side by E. 23rd Street, O’Connell Road on the west, and Franklin Road on the east side. The southern boundary of the 119-acre development is just south of the E. 26th Street Terrace street alignment (extended), and abuts a 10-acre developed residential use. Property to the west of O’Connell Road and the East of Franklin Road are part of the incorporated city of Lawrence.
II. CHARACTER OF THE AREA
Staff Finding –The character of the area is currently undefined, and is part of a larger development project including residential and non-residential development. The area to the west of O’Connell Road is developing with residential uses (with the exception of a small area located at the southwest corner of O’Connell and E. 23rd Street). The area to the east of Franklin Road is developed with industrial uses. Approval of the RS-2 (Single-Family Residence) District and RM-D (Duplex Residential) District will extend the existing neighborhood boundary to the east of O’Connell Road.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The RS-2 (Single-Family Residence) District and the RM-D (Duplex Residential) Districts represent approximately 60% of the total development known as Fairfield Farms East. The two requests occur on what is the south side of E. 25th Street (extended), a collector street serving the area. Low-density residential development is anticipated to be the predominant land use for new areas. Low-density development is defined as a pattern resulting in less than six dwelling units per acre.
The proposed zoning change must be considered in conjunction with the proposed preliminary plat to establish the boundary relationships between this proposed land use district and the other land uses abutting the periphery of the development.
The primary purpose of the RM-D district is designed to provide for duplexes only. Such district is encouraged to be used as a buffer between RM districts and RS districts. (Section 20-604). In this case the purpose is extended to function as a buffer to other districts as well that border the subject property to the north and east.
Staff Finding – Upon annexation, the current agricultural zoning will not be suitable.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is part of a larger parcel included in this development request. The property is undeveloped and has been zoned since 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Upon annexation, the current agricultural zoning would not be appropriate. Without annexation, the development cannot proceed. The immediate surrounding area is undeveloped, thus direct impacts are non-existent. The subject property is located within the urban growth boundary of the city limits and is anticipated for urbanization as infrastructure is extended to serve this area.
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
The entire 119-acre development is located within the Urban Growth Area and is anticipated for urban development, evidenced by approval of an annexation request subject to conditions prior to publication. The hardship imposed upon the property owners is that development of the property will need to include provisions for additional public infrastructure and service delivery extension considerations that must be fully resolved to facilitate development, including extension of sanitary sewer and water transmission lines for the area.
Staff Finding – The subject property is located within Service Area One of the Urban Growth Area. It is anticipated for urban development as infrastructure is extended to serve the area. Upon annexation, the property must be rezoned to be in compliance with the City’s Zoning Ordinance. Denial of the request will defer development of this area. Urban development can be found on both the east and west boundaries of the subject property.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020. Applicable residential land use recommendations are found in Chapter 5. Principal strategies for approaching residential land use areas include:
• Compatible densities and housing types should be encouraged in residential neighborhoods by providing appropriate transition zones between low density residential land uses and more intensive residential development, and between higher density residential uses and non-residential land uses. (Page 5-1)
The proposed single-family and duplex zoning requests represent two housing types that, combined with the proposed subdivision plat, result in a development pattern providing a land use transition/buffer between higher intensity and non-residential uses, and proposed lower-density single-family residential uses. Specific residential goals and polices applicable to this request are as follows:
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GOAL 4: Criteria for Location of Low-Density Residential Development (Page 5-16) Policy 4.1: Consider Land Use Relationships Policy 4.5: Ensure Adequate Infrastructure Facilities GOAL 5: Create a Functional and Aesthetic Living Environment (Page 5-17) Policy 5.2: Encourage Proper Lot Orientation a. Encourage subdivision design in which residential lots are oriented towards, and take access from the neighborhood of which they are a part. Policy 5.3: Provide for Extra Buffering in Special Circumstances
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GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses (Page 5-19) Ensure transition from low-density residential neighborhoods is compatible with more intensive residential and non-residential land uses. Policy 6.1: Use Appropriate Transitional Methods c. Compatible transition from non-residential or higher-density residential uses to lower-density residential uses should consider: 1. Building Relationships a. A back-to-back relationship is preferable between variable intensities of uses. |
Staff Finding – The proposed request is generally consistent with the Residential and Growth Management Goals and Policies of the City’s Comprehensive Plan, Horizon 2020.
SUMMARY
As noted the subject property is part of a larger development request that includes consideration of a preliminary plat. The purpose of the staff report is to evaluate the proposed land uses in broad terms.
A key issue in the consideration of the development applications related to Fairfield Farms is to address the annexation question and its relationship to timing of development for this initial acreage within the Southeast Area. At this time the conditions of approval related to the annexation are not complete, specifically the approval and adoption of an area plan. The proposed development is premature with regard to area planning considerations.