|
PLANNING COMMISSION REPORT SUMMARY Public Hearing Item – Regular Agenda
|
|
|
PC Staff Report 01/23/06 |
|
|
ITEM NO. 6B:
|
I-1 AND A TO M-1; 17.889 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
|
|
Z-06-41-05: A request to rezone a tract of land approximately 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) District to M-1 (Research Industrial) 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 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) to M-1 (Research Industrial) 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 light industrial development within the City and will extend City services to adjacent property.
|
|
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 proposed commercial and multi-family to the east and south. · Comprehensive plan map shows this area as a future mixed use area.
|
|
|
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.
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 – Zoning decision subject to City Commission action · 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– Subject of this report · 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. Reconsidered at an upcoming City Commission agenda 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 None received. |
|
|
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 the 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 commercial and a proposed multi-family land uses to the west and south. The property also abuts a 16 acre property not included in any annexation or development requests at this time (A. Queen property). Industrial uses can also be found on the north side of E. 23rd Street (Farmland property).
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 known as Fairfield Farms West was approved by the Planning Commission on December 12, 2005.
The purpose of the M-1 (Research Industrial) District is to (a) to provide an industrial park type environment exclusively for, and conducive to, the development and protection of modern administrative facilities and research institutions, all of a non-objectionable type, and (b) to protect nearby residential and commercial areas (Section 20-801). The proposed district includes 4.06 acres of detention area along E. 23rd Street and conceptually acknowledges the future right-of-way changes related to Franklin Road and E. 23rd Street thus reducing the total usable area to approximately 6.8 acres (estimated by staff).
Residential uses are not permitted in this district. A range of office-type uses can be found in Use Group 18 that would be compatible with land use transition considerations. The M-1 (Research Industrial) District allows the following Use Groups:
|
USE GROUP 1. AGRICULTURE - ANIMAL HUSBANDRY USE GROUP 2. AGRICULTURE - FIELD CROPS. USE GROUP 7. COMMUNITY FACILITIES AND UTILITIES-RESIDENTIAL USE GROUP 8. TEMPORARY USES. USE GROUP 9 USE GROUP 10. OFF-STREET PARKING. USE GROUP 13. USE GROUP 14. USE GROUP 17. |
|
USE GROUP 18. RESEARCH AND TESTING. Research or testing laboratories and other uses which are not harmful to nearby residential and commercial areas 1. Laboratory, Research or Testing, and ancillary uses 2. Motion Picture Studios, radio and television studios 3. Low volume, limited light manufacturing uses which require regular truck-trailer service or frequent and evident distribution of their product; and which comply with the other standards set forth in the district 4. Office uses of a nature that are primarily for the administrative functions of businesses, companies, corporations, social or philanthropic organizations; specifically excluding uses involving the delivery by the occupant of products on the premises 5. Computer time sharing service bureaus 6. Professional society or association headquarters 7. Mapping, aerial surveying and photogrammetry offices 8. State and Federal Government offices 9. Professional engineering offices 10. Financial institutions; Law offices; Accounting offices; Medical offices; Architecture offices 11. Advertising; design of displays and promotional services 12. Educational training; teaching professional occupations 13. Recycling Uses; Reverse vending machines; Small collection facilities 14. Veterinarian office and incidental boarding, with no open kennel or yard where animals are confined or exercised. 15. Similar Uses. Other uses of a character similar to the function and traffic-generating capacity of the uses listed above. 16. Accessory Uses. |
|
USE GROUP 19. USE
GROUP 21. |
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 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 zoning reflects a small portion of the overall development. The Future Land Use Map 3-1 shows this area as mixed use, however, this term is not defined in the Plan. Mixed use is traditionally considered to include a range of commercial, industrial/employment, and residential uses combined in some fashion that provides direct and indirect connections within a development.
Principal strategies for approaching industrial and employment related land use areas include (Page 7-1):
· Work with developers and industrialists to make available sites, improvements and amenities which best respond to the market demands while meeting community objectives for the type and quality of development.
· Provide employment locations in various parts of the community and encourage bicycle and pedestrian access improvements to employment centers from community neighborhoods.
The plan goes on to define several types of industrial and employment related land uses including office, office research, warehouse and distribution, and industrial. Staff recognizes that the plan does not designate the area south of E. 23rd Street and west of Franklin Road as a new “industrial” area. The proposed zoning district is titled “Research Industrial”. The allowable land uses are consistent with the office and office Research uses described in Chapter 7 of Horizon 2020. These types of uses are appropriately located along gateways to the community and are encouraged to be aesthetically pleasing (address through site specific development requests). The plans states: “A new office research/planned industrial area is recommended south of 23rd Street and east of E1600 Road [O'Connell Youth Ranch Road]. This location would provide a significant new opportunity for office and office research land use (Page 7-4).” Other applicable goals and policies related to this land use type are found in chapter 7 beginning on page 7-7.
Staff Finding – The proposed request is consistent with the Industrial and Employment Related Land Use 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 included consideration of a Preliminary Plat known as Fairfield Farms East. Excluding the area dedicated for drainage purposes, the subject property is a 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 East development 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).