PLANNING COMMISSION REPORT SUMMARY Public Hearing Item – Regular Agenda
PC staff report 01/23/06
ITEM NO. 6C:	B-1, I-1, & A TO C-5; 28.833 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
Z-06-42-05:  A request to rezone a tract of land approximately 28.833 acres from B-1 (Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) District to C-5 (Limited Commercial) District.  The property is generally described as being located south of E. 23^rd 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 28.833 acres from B-1(Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) to C-5 (Limited Commercial) 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 an arterial street to the north and collector streets to the west and south. Proposed commercial and multi-family are proposed to the east. · 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; 37.580 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 – Subject of this report · 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.
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None received.

GENERAL INFORMATION
Current Zoning and Land Use:	B-1 (Neighborhood Business) District, 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-4 (Heavy Industrial) District; existing Farmland facility.

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. 23^rd 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. 26^th 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 is located in the southeast corner of E. 23^rd Street and O’Connell Road. Multi-family residential development has been proposed on the west side of O’Connell Road, but cannot proceed until construction of sanitary sewer service is provided. The immediate area to the north is the existing Farmland facility. The subject property would about proposed industrial and multi-family development to the east and proposed medium-density 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. 23^rd Street).  The southwest corner of O’Connell and E. 23^rd Street is planned for office and mixed multi-family development. The areas to the east of Franklin Road and north of E. 23^rd Street are 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 knows as Fairfield Farms East was approved by the Planning Commission on December 12, 2005.

The purpose of the C-5 (Limited Commercial) District is “designed to permit and encourage the grouping, in defined areas along highways, of certain retail activities and services intended primarily to serve, and be dependant upon, the motoring public.” (Section 20-706)  This district allows a range of land uses including residential uses. The zoning code includes a zoning district known as C-2 (Neighborhood Shopping) District but is a severely limited with regard to permitted uses (refer to Section 20-709 of the zoning code for a list of permitted uses).

Staff Finding – Upon annexation, the current agricultural zoning will not be suitable. The proposed location of a commercial center at the intersection of an arterial and collector is suitable. The proposed location of commercial development related to the other associated land uses, within the proposed Fairfield Farms East Addition, 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 on the south side of E. 23^rd Street 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.  Annexation of the property was approved subject to conditions including the development and adoption of an area plan. 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 119-acres.

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. Map 6-1 indicates that a future neighborhood commercial node could be located at the intersection of O’Connell Road and E. 23^rd Street.

Principal strategies for approaching commercial related land use areas include (Page 6-1):

· Establish and maintain a system of commercial development nodes at selected intersections which provide for the anticipated neighborhood, community and regional commercial development needs of the community throughout the planning period.

· Require commercial development to occur in "nodes", by avoiding continuous lineal and shallow lot depth commercial development along the city's street corridors and Douglas County roads.

Neighborhood commercial centers are described a occurring on only one corner of an arterial/collector street intersection or arterial/arterial street intersection (Page 6-4). Land uses within a neighborhood center are expected to vary and specifically limit size to prevent one user or tenant dominating the center. Horizon 2020 specifically designates the intersection of E. 23^rd Street and O’Connell Road as a future Neighborhood Center (Page 6-19). Additional goals and policies related to commercial development are found in Chapter 6, pages 6-26 through 6-31.

Staff Finding – The proposed request is consistent with the commercial 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 approved by the Planning Commission in December 2005 as noted. The purpose of the staff report is to evaluate the proposed land uses in broad terms. A site plan will be required for development. Site plans are not subject to Planning Commission review.

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 use is consistent with anticipated land use for the general area (see attached memo).