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PLANNING COMMISSION REPORT SUMMARY Regular Agenda - Public-Hearing Item
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PC Staff Report
01/25/06
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ITEM NO. 14:
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RS-2 TO RM-D; 8.19 ACRES; NORTH OF HARVARD ROAD & EAST OF GEORGE WILLIAMS WAY (SLD) |
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Z-12-78-05: A request to rezone a tract of land approximately 8.19 acres from RS-2 (Single-Family Residential) District to RM-D (Duplex Residential) District. The property is generally described as being located north of Harvard Road and east of George Williams Way. Submitted by Paul Werner Architects for Harvard, LC, property owner of record.
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STAFF RECOMMENDATION: Staff recommends denial of the 8.19 acres from RS-2 to RM-D (Duplex Residential) District and forwarding it to the City Commission with a recommendation for denial based on the findings of fact found in the body of the staff report. |
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Reason for Request: |
“Proposed to allow for a mix of housing types in the immediate area. Provision will allow Developer to offer a variety of housing types and allow more entry level priced structures” [See Attached] |
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KEY POINT Property is platted as Green Tree Subdivision. If approved, no additional actions will be taken. Subdivision plat will accommodate duplex development based on size of lots. |
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA · Development around the subject property has begun with an expectation of single-family detached development. Property owners in area have made decisions based on recent previous actions for this area. SUITABILITY OF SUBJECT PROPERTY FOR USES TO WHICH IT HAS BEEN RESTRICTED · The developer changed direction from an RM development to an RS development as described in the history section of this report. CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed request is not in conformance with the Comprehensive Plan. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Z-10-31-03; A to RM-1 (Multiple-Family Residence) District [approved, withdrawn by applicant for substitution by Z-04-15-04] · Z-4-15-04; A to RS-2 (Single-Family Residence) District [revised request to replace Z-10-31-03] · Preliminary and Final Plat of Green Tree Subdivision recorded · Revised Green Tree Subdivision approved to reduce lot size for area to the east of the subject property to accommodate smaller lots, detached single-family development. · Z-06-35-05 (RS-2 to RM-D) request for 26.7 acres unanimously denied by the Planning Commission on July 27, 2005 |
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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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RS-2 (Single-Family Residence) District; platted residential subdivision known as Green Tree Subdivision. |
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Surrounding Zoning and Land Use: |
RS-1 (Single-Family Residence) District along the south property line; City park property (undeveloped). Elementary school to the southwest
RS-2 (Single-Family Residence) District to the west, south and north; single-family residential development.
RM-1 (Multiple-Family Residence) District to the west (west of George Williams Way). Undeveloped property. |
History:
Previous zoning applications have been considered for this property. The general area has been anticipated for residential development since the early 1980’s. The area to the west, known as Diamondhead, located on the west side of George Williams Way, was platted as an integrated residential, multi-family and office/commercial development. This project included an area along George Williams Way zoned for RM-1 (Multiple-Family Residence) District. The area has been platted for individual lots known as The Cove. Lot development of The Cove is anticipated for duplex development. As part of Horizon 2020, Transportation 2020 and Transportation 2025 the collector street network was established for the remaining undeveloped areas between the SLT and the platted areas generally located west of Congressional Drive.
The initial development request for this property was made in October 2003 for RM-1 (Multiple-Family Residence) District. There was no subdivision plat associated with the rezoning request at that time. The Planning Commission recommended approval of the request subject to the recording of a final plat prior to publication of the zoning ordinance. On Tuesday, December 9, 2003, the Lawrence City Commission as part of the regular agenda voted unanimously to indefinitely table the zoning. The City Commission directed that a subdivision plat must be provided prior to consideration of the rezoning.
A series of actions confirming single-family residential development began in April 2004 and are detailed below. The most recent actions related to this property were the denial of a request for 27 acres of duplex development in July 2005 and the platting of property to allow for smaller single-family lots per Green Tree Subdivision #2. Additional development actions taken to the west of George Williams Way not listed include rezoning for duplex and single-family development for the Langston Heights development abutting the Diamondhead property and K-10 Highway.
1. April 2004; A revised zoning request was submitted for single-family residential development [Z-04-15-04; A to RS-2 (Single-Family Residence) District)] for the subject property known as Green Tree Subdivision.
2. June 15, 2004; The City Commission approved the RS-2 (Single-Family Residence) District.
3. June 16, 2004; Preliminary Plat (Green Tree Subdivision) submitted for single-family residential development for the July 2004 Planning Commission.
4. August 2004; Final Plat (Green Tree Subdivision) submitted for Planning Commission, City Commission approved October 2004.
5. August 2004; new zoning request for 19 acres (Stoneridge North) submitted for September Planning Commission.
6. September 2004; Preliminary Plat (Stoneridge North) submitted for October Planning Commission.
7. November 2004; Final Plat (Stoneridge North) submitted for December Planning Commission. Approved in January 2005 by City Commission.
8. July 2005; revised zoning request for entire 26.7 acres of Green Tree Subdivision considered and unanimously denied by the Planning Commission [Z-06-35-05 A to RM-D (Duplex Residential) District].
9. September 2005; Revised Preliminary and Final Plats of Green Tree Subdivision No. 2 considered for portion of original area; approved by the Planning Commission.
10. November 2005; Final Plat (Green Tree Subdivision #2) approved by the City Commission.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding –The subject property is surrounded by single-family residential zoning to the east, north and south (east side of George Williams Way). The area is developing with single-family lots. The area to the west is undeveloped, but platted for both single-family and multi-family development on individual lots.
II. CHARACTER OF THE AREA
The subject property is part of a developing low-density residential neighborhood dominated by single-family detached homes on individual lots. As part of the subdivision plat review process, a direct street connection was required with the proposed development to the north. Direct access to George Williams Way was prohibited. Multiple land use decisions have been made by City staff, planning staff and city commissions as well as individual property owners based on an expectation of housing type since the RS-2 (Single-Family Residence) District was approved for the subdivision known as Green Tree Subdivision.
Staff Finding –The character of the area is a low-density, single family residential neighborhood. The area west of George Williams Way is planned as a mixed development including multiple types of residential development.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The suitability of the subject property assesses the existing and intended conditions related to the subject property. Staff found in 2003 that the then A (Agricultural) District was not suitable. The report stated:
Z-10-31-03: “The current A (Agricultural) District zoning designation is inappropriate since the property has been annexed into the City of Lawrence. Prior to annexation, this area was located within the Urban Growth Area and had been planned and anticipated for urban development for many years. The limited accessibility, proximity, and anticipated traffic on George Williams Way[1], reduce the appropriateness of low-density residential development for this property.”
It was anticipated that a direct access to George Williams Way would be included in the development of the subject property rather than from the south (Harvard Road as was approved per the subdivision plat). The rezoning request was approved by both the Planning Commission and the City Commission subject to platting. This request was revised in 2004 per Z-04-15-04 [A (Agricultural) District to RS-2 (Single-Family Residence) District]. Staff again concluded that the agricultural district was not appropriate. The proposed single-family development supported the emerging pattern of the area. The proposed request represents a smaller area than included in the July 2005 request to rezone the subdivision to RM-D consideration; however, the development pattern is clearly established for this area based on the previous subdivision approval for the area.
This area has for the past year been portrayed as a single-family subdivision. Staff has noted that other uses may be proposed along W. 6th Street and to the west of George Williams Way.
Staff Finding –The subdivision layout and land use requests in the immediate area have conveyed a continuation of established low-density, single-family detached development pattern for this neighborhood. Development around the subject property has begun with an expectation of single-family detached development for the subject property. Property owners have made decisions based on recent previous actions for this area.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is undeveloped (with the exception of initial public infrastructure installation such as streets and utilities) and has been zoned for single family residential development since December 26, 2004 (Ordinance 7799).
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
As discussed above several recent land use decisions have been approved based on an assumption that the subject property will be developed for single-family detached housing. Deviation from this land use pattern impacts property owner expectations for the neighborhood.
Numerous opportunities for duplex development and other multi-family housing options exist within a close proximity to the subject property such as the Collister property located along W. 6th Street and within the Diamondhead property on the west side of George Williams Way, Longleaf and Ironwood to the south and areas along Wakarusa. Multi-family development is also provided for along W. 6th Street as part of the Stoneridge East development approved by the Planning Commission in June 2005 (same applicant).
The orientation of the subdivision appears to be out of place for multi-family development. The orientation of the subdivision as a duplex development would anticipate an additional connection to George Williams Way. Duplex development is predominantly used in today’s code as a buffer use between higher-density development and lower-density single-family housing. An example of this transition can be found in the Langston Heights Development to the west abutting the Diamondhead development and K-10 Highway. While this proposed district responds to the transitional uses from west to east, it does not satisfy the transitional relationship from north to south. The subject property has more orientation, integration, and connectivity to the subdivisions on the east side of George Williams Way. Staff recommends this property be retained as a single-family detached residential area.
Staff Finding – New property owners express a reliance on stated development intentions. Land use decisions for this area are very recent. The approved and recorded subdivision plat is designed for single-family detached homes. George Williams Way, a collector street, functions as an identifiable boundary between the predominantly single-family detached portion of the neighborhood east of GWW and the mixed use development to the west.
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
Staff Finding – The property has been planned and platted for single-family development. If the request is denied the applicant still retains the ability to develop the property with single family homes. Approval would double the density and traffic generated[2] from the area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The Plan anticipates that low-density residential development will “continue to be the predominate land use in the City.” The most common method to assure compatibility is to extend or continue a particular zoning district. The approved and published RS-2 (Single-Family Residence) District expanded the low-density residential district in this area and was found to be consistent with the generalized land use expectation for residential development in 2004 per Z-4-15-04 and reaffirmed this decision in July 2005 per Z-06-35-05]. A subdivision plat for single-family residential development was approved and recorded as the Green Tree Subdivision in October 2004 as a requirement of the zoning.
If approved, the result will be to sandwich a small pocket of duplex development along the east side of George Williams Way.
Staff Finding – The proposed request is not in conformance with Horizon 2020.