PLANNING COMMISSION REPORT SUMMARY

Public Hearing Item – Regular Agenda

 

PC Staff Report

01/23/06

 

ITEM NO. 6A:

 

I-1 AND A TO RM-2; 12.329 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

 

Z-06-39-05:  A request to rezone a tract of land approximately 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-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 December Planning Commission meeting.

STAFF RECOMMENDATION:

Staff recommends approval of 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-Family Residential) 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 conditions:

 

1. Publication of an annexation ordinance; and

2. Recording of a final Plat.   

 

Reason for Request:

Approval of this request will allow for residential development and the extension of city services to this area.

 

KEY POINT

·         Subject properties are part of a 119-acre development request not yet annexed pending development and approval of an area plan.

·         Subject property abuts arterial street to the north and collector street on the south.

 

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.

·         High-density residential uses are anticipated along major thoroughfares and between higher intensity development and lower density residential developments.

 

CONFORMANCE WITH THE COMPREHENSIVE PLAN

·         The proposed request conforms with Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-06-38-05; 35.835 acres to RM-D – zoning decision subject to City Commission action [approved by PC on 12/12/05;]

·         Z-06-39-05; 12.329 acres to RM-2 – subject of this report

·         Z-06-40-05; 37.58 acres to RS-2– zoning decision subject to City Commission action [approved by PC on 12/12/05;]

·         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. To be reconsidered at an upcoming City Commission meeting to reconsider and revise conditions of approval.

·         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.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Letter from League of Women Voters from December Planning Commission meeting.

 

GENERAL INFORMATION

Current Zoning and Land Use:       

 

I-1 (Limited Industrial) District and A (Agricultural) District; undeveloped pasture land.

Surrounding Zoning and Land Use (for this request):    

A (Agricultural) District to the north and south; undeveloped property.

 

O-1 (Office) District and PRD-2 (Planned Residential District) to the west of O’Connell Road; undeveloped. RM-D (Duplex Residential) District and RS-2 (Single-Family Residence) District to the west of O’Connell Road; developing residential uses.

 

PID-2 (Planned Industrial District) to the east; storage uses and 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

 

The subject property is undeveloped and included in a larger development proposal known 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 east of Franklin Road are part of the incorporated City of Lawrence and include a variety of residential and non-residential land uses. 

 

Staff Finding – The subject property abuts a proposed industrial zoning district to the north and a proposed commercial zoning to the west. A collector street, E. 25th Street, is proposed as a boundary between higher intensity land uses proposed to the north and lower density residential land uses proposed to the south.

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 southwest corner of O’Connell and E. 23rd Street is planned for office and mixed multi-family development. The area to the east of Franklin Road is developed with industrial uses.

 

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

 

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 Preliminary Plat was approved by the Planning Commission in December 2005 subject to conditions.

 

The purpose of the RM Districts is designed to provide areas for medium and high population density.  RM districts will consist mainly of (1) areas containing multi­-family dwellings (including two­-family dwellings) with some single­-family dwellings, (2) areas which contain single­-family and two­-family dwellings, are centrally located, and are appropriate to ultimate multi­-family development, and (3) open areas where future multi­-family development appears desirable.  (Section 20-603). The proposed RM-2 (Multiple-Family Residence) District is considered to be a high-density zoning district which allows up to 21 dwelling units per acre. The property is proposed to abut (back to back relationships are assumed) proposed industrial and commercial uses with direct access to a collector street.

 

Staff Finding – Upon annexation, the current agricultural zoning will not be suitable. The proposed location of multi-family development related to the other associated land uses, within the proposed Fairfield Farms East subdivision, is 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 subject property is located within the Urban Growth Area and is anticipated for urban development.  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.

 

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. The proposed multi-family request represents the addition of housing options within the total development. The proposed request would accommodate high-density development. This density is defined as reflecting an overall pattern of 16 to 21 dwelling units per acre. The plan cautions that high-density residential development should not occur in large concentrations (Page 5-4). Applicable higher-density residential land use recommendations are found in Chapter 5, Pages 5-21 to 5-28. Many of the policies are applicable to the actual site development stage and others address the more global consideration of basic location and access.  

 

Principal strategies for approaching residential land use areas include:

·         A mixture of housing types, styles and economic levels should be encouraged for new residential and infill developments.

•   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)

 

Staff Finding – The proposed request is consistent with the Residential Goals and Policies of the City’s Comprehensive Plan, Horizon 2020. 

 

SUMMARY

As noted the subject property is part of a larger development request included in the Preliminary Plat known as Fairfield Farms East which was approved in December 2005. The property is a relatively small portion of the overall land uses considered for the area. 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. As noted the proposed land uses are consistent with anticipated land use for the general area (see attached memo).