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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
PC Staff Report
2/16/06
ITEM NO. 5A: A TO RM-D; 19.5234 ACRES; NORTH OF W. 6TH STREET & WEST OF QUEENS ROAD (PGP)
Z-09-58-05: A request to rezone a tract of land approximately 19.5234 acres from A (Agricultural District) to RM-D (Duplex-Residential District). The property is generally described as being located ¼ mile north of W. 6th Street and west of Queens Road. Submitted by Paul Werner Architects for Michael D. Stultz, property owner of record. Deferred from the November Planning Commission meeting.
ITEM NO. 5B: A TO RS-2; 21.233 ACRES; NORTH OF W. 6TH STREET & WEST OF QUEENS ROAD (PGP)
Note: These two items were deferred from the November Planning Commission Agenda as requested by the applicant, so they could be considered in conjunction with Item 5C the Preliminary Plat for Stultzland [PP-01-01-06].
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STAFF RECOMMENDATION: Approval of the rezonings of 19.5234 acres from A (Agricultural) to RM-D (Duplex-Residential) District [Z-09-59-05] and 21.233 acres from A (Agricultural) to RS-2 (Single-family Residential) District [Z-09-58-05] and forwarding these to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, subject to the following condition for each rezoning:
1. Approval and filing of a final plat at the Register of Deeds Office.
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Applicant’s Request: |
Request to rezone the 19 acres of the southern portion to RM-D and the northern 21 acres to RS-2. A Preliminary Plat has been prepared for this property. |
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KEY POINTS
· The property is undeveloped and unplatted. · The property is within the Northwest Plan, approved by the City Commission on January 7, 1997. · A Preliminary Plat has been submitted in conjunction with these rezoning requests. · There is a proposal to phase the Preliminary Plat, based upon the availability of sanitary sewer for this area. · Development of the property will also require both on-site and off-site dedications and installation of Overland Drive along the south side of the development and transportation improvements, including improvements to Queens Road. |
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GOLDEN FACTORS TO CONSIDER
ZONING AND USES OF PROPERTY NEARBY · The surrounding properties to the north and south have yet to be rezoned from the County’s designation as Agriculture. The property to the west has conditionally approved rezoning [Z-09-(46,47,48)-04] as part of the conditionally approved Oregon Trail Addition Preliminary Plat [PP-12-28-04].
CHARACTER OF THE AREA · This area was annexed into the City in 2001 and is within the northwest growth corridor of Lawrence.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed request conforms to land use recommendations found in Horizon 2020 and the Northwest Plan. · The proposal conforms to the approved Transportation 2025 Plan. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
· Zoning decision by the City Commission [Z-09-(58 & 59)-05]. · Preliminary [PP-01-01-06] and Final Plat approvals by the Planning Commission. · Final Plat easements and dedications of road rights-of-way would need to be accepted 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 No public comment has been received at the time of the writing of this staff report.
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GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District, Existing undeveloped property.
Surrounding Zoning and Land Use: North and South – A (Agricultural) District, existing undeveloped.
West – Pending RS-2 (Single-family Residential) RM-D (Duplex-Residential) and RM-1 (Multiple-family Residential) District approvals within the conditionally approved Oregon Trail Addition Preliminary Plat.
East – PRD-2 (Planned Residential Development), RM-D (Duplex Residential) and RS-2 (Single-family Residential) Districts as part of the Park West Subdivision, existing duplexes, single-family homes and approved townhouse apartments.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding. The area to the north and south are currently zoned A (Agricultural) and is undeveloped. Conditionally approved RS-2, RM-D and RM-1 zoned Oregon Trail Subdivision is located to the west of the property. Across Queens Road to the east is Park West Subdivision, which contains PRD-2, RM-D and RS-2 zoning with existing duplexes, single-family homes, and approved townhouse apartments.
II. CHARACTER OF THE AREA
This requested 40.77 acre Stultzland development is located at the northwest corner of the intersection of Queens Road and Overland Drive in northwest Lawrence. The area is contained within the Northwest Plan which was approved by the Lawrence City Commission in January of 1997.
The 40 acre quarter section is undeveloped. The overall slope is towards the north with an average slope of less than 6%. When originally annexed into the City, the subject property and surrounding areas were not rezoned to a City zoning category. This property still retains the county A (Agricultural) District designation. Existing property owners were permitted to initiate rezoning on their own time schedule.
To the north and south are large unplatted parcels of land that have also retained the County A (Agricultural) District designation. Adjoining to the west is a conditionally approved Oregon Trail Addition Preliminary Plat.
The eastern property line is located along Queens Road (designated a Collector Street shown in Transportation 2025). Across Queens Road is the approved Park West Gardens Final Development Plan (townhouse apartments); duplex and single-family residences within the Park West Subdivision.
The proposed extension of Overland Drive (also designated as a Collector in Transportation 2025) will be located along the south property line.
Staff Finding - The subject property is located in an area which by annexation agreement, was to retain its Douglas County zoning (A Agricultural) until development was proposed. Properties to the north and south are undeveloped. Property to the west has conditionally been approved with the Oregon Trail Addition Preliminary Plat. Property to the east, across Queens Road, includes approved townhouse apartments and existing duplexes and single-family homes.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “The property was previously used for agricultural purposes. Because the City is moving to the Northwest and this parcel is within the Urban Growth Area, it is no longer appropriate for agricultural use.”
The subject property was annexed into the City in 2001 to facilitate the City’s financing of the W.6th Street/U.S. Highway 40 improvement project and retained the County zoning designation of A (Agricultural District). The Code states that territory to be annexed into the City will retain its County zoning designation, but that a rezoning request shall be initiated by the property owner or the city. A rezoning was not requested, and the property has retained the County zoning designation. The A (Agricultural) District is no longer appropriate for development of land incorporated into Lawrence. The property is not suitable for prolonged agricultural use, due to pressures for new development of this area.
For the northwest corner of Overland Drive and Queens Road, the Northwest Plan proposed single-family residential land use.
Access/Public Improvements
This property has not been platted. The owner has submitted the Stultzland Preliminary Plat [PP-01-01-06] for this property. The plat will address access, right-of-way dedication and public improvements for the property. Proposed access would be from improvements to Queens Road and an extension of Overland Drive.
The property must be zoned to a City zoning category for urban residential development. A residential zoning would provide for an appropriate land use of the property. In staff’s opinion, the property is suitable for residential uses.
ITEM 5A – Appropriateness of Duplex Residential Zoning
The property must be zoned to a City zoning category. The RM-D (Duplex-Residential) zoning district is designed to provide for duplexes only. Such district is encouraged to be used as a buffer between RM (Residential Multiple-family) and RS (Residential Single-family). The maximum density of RM-D is 12.44 dwelling units per acre (43,560/3,500). This density falls within the definition of medium density residential (7-15 dwelling units per acre) in Horizon 2020.
The request is for 19.5 gross acres of RM-D zoning. The Northwest Plan proposes single-family residential as the identified use for the northwest corner of Overland Drive and Queens Road. The RM-D and RS-2 zoning districts have the same minimum lot areas and front, side and rear yard setbacks; however the RM-D district has twice the allowed density (minimum of 3,500 square feet per dwelling unit) as the RS-2 (minimum or 7,000 square feet per dwelling unit).
The submitted Stulzland Preliminary Plat is proposing 69 duplex lots (138 Dwelling Units) on the RM-D proposed zoned property, with an approximate net density of 10.04 Dwelling Units per Net Acre. (138 DU/13.74 Net Acres).
Staff Finding Item 5A: A to RM-D
In staff’s opinion, the property is no longer suitable to the agricultural uses to which it has been restricted. Residential uses would be appropriate use for this property, as identified in the proposed land use of the Northwest Plan. Sections 2 and 3 of adopted Resolution No. 5868 (Northwest Plan) state, “By endorsement of the conceptual land use map, the Commission is indicating that the map is a conceptual representation of land use in the area and is intended only to lend general illustrative support for the written recommendations. In recognition of the lawful requirements for the consideration and adoption of zoning and land use regulations, endorsements of the map is for the purpose of establishing general planning guidance and is not intended and shall not be used to pre-judge the merits of future requests for zoning or land use requests by individual property owners in the area.
The City Commission strongly encourages property owners and developers in the plan’s area to follow the spirit and intent of the plan in the planning and development of property. All land use applications in the area shall be reviewed for conformance with the plan.”
ITEM 5B – Appropriateness of Single-Family Residential Zoning
The RS-2 (Single-family Residential) zoning district allows for the following types of land use:
The maximum density of RS-2 is 6.22 Dwelling Units per Acre (43,560/7,000). The submitted Stultzland Preliminary Plat is proposing 73 Single-family lots on the RS-2 proposed zoned property, with an approximate net density of 5.17 dwelling units per acre (73 D.U./14.1124 Net Acres). The RS-2 Zoning request is consistent with the proposed land use identified in the Northwest Plan.
Staff Finding Item 5B: A to RS-2
The property may no longer be suitable for the agricultural uses to which it has been restricted. City zoning designations are appropriate as the land has been annexed and a part of the City since 2001. The requested single-family residential zoning is consistent with the recommendation as proposed in the land use identified for this area in the Northwest Plan.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding The subject property has been zoned A (Agricultural) District since 1966 when the County Zoning Regulations were adopted. The property was annexed into the City in 2001 at which time it retained its County zoning. The property is undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “We do not anticipate any detrimental affects on the nearby property and is in fact recognized by Horizon 2020 that this area will be developed in the near future.”
Wastewater Utilities
The Stultzland development consists of 40.77 acres within the 215 acre Baldwin Creek No.1 Sanitary Sewer Benefit District. The Stultzland development represents 19% of the total Benefit District area.
Per the submitted downstream analysis this development is to be sewered by connecting to the existing Pump Station 10 (AKA pump station No. 45). This pump station was constructed via the Baldwin Creek No.1 Sanitary Sewer Benefit District with a capacity of 1.17 mgd (Million Gallons per Day). Per the submitted downstream analysis the proposed peak sanitary sewer flow from the Stultzland Development is 0.41 mgd. This value was calculated by analyzing development within the Baldwin Creek No.1 Sanitary Sewer Benefit District in excess of the Stultzland area and then attributing flow to each development by percentage of contributing population. This method does not take into account the fact that the inflow and infiltration components of the peak flow are area based. The remainder of this discussion will use a peak flow of 0.46 mgd for the Stultzland property which is calculated by evaluating only the 40.77 acres proposed in this development.
The applicant’s 40.77 acres represents 19% of the total benefit district acreage and thus, is entitled to 19% of the capacity of the pump station constructed to provide wastewater sewer services. The proposed development will need to take into account, and comply with, their allotted portion of the capacity of the existing pump station and the land use and population figures used to design it. If development beyond this allocation 0.22 MGD is contemplated, the handling of the excess capacity would need to comply with the recommendations in accordance with the pending 2006 Northwest Area Update to the 2003 Wastewater Master Plan with regard to its collection and treatment.
This proposed peak flow of 0.46 mgd from the Stultzland development represents 39% of the capacity of Pump Station 10.
Based on this development representing 19% of the Benefit District area, it participated in the construction of 19% of PS10’s capacity. This would amount to 0.22 mgd of the pump station’s capacity. The proposed development is requesting over twice this capacity.
The following note as requested per City Utilities Department, is reflected on the Preliminary Plat, “Note: ‘Phase 1’ shown on this Preliminary Plat reflects land uses and land use area that will not exceed the allocated capacity of Existing Pump Station No. 10 (PS10). ‘Phase 2’ reflects full development of the project, after completion of capital improvements to increase sanitary sewer capacity in accordance with the pending 2006 Northwest Area update to the 2003 Wastewater Master Plan.”
In summary the proposed Phase 1 of the Stultzland development is designed to be within its 19% participation in the pump station capacity (0.22 mgd). A Final Plat for Phase 2 will need to be delayed to conform with a pending 2006 Northwest area update to the 2003 Wastewater Master Plan, to accommodate flows in excess of the existing pump station capacity.
Staff Finding – Removal of the restrictions and rezoning to residential uses RS-2 (Single-family Residential) and RM-D (Duplex Residential), subject to a recording of a final plat would not be detrimental to nearby property, as the Plat has provisions for the necessary infrastructure improvements and impacts required to allow for the development of this property.
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
Applicant’s Response: “By approving the RS-2 request, the City will help us to provide a quality single family neighborhood [Z-09-59-05]. By approving the RM-D request [Z-09-58-05], the City will help us to provide a stair-step transition area between different land uses with differing densities, building types and intensities of use to ensure compatibility of uses.”
The property must be rezoned to be in compliance with the City’s Zoning Ordinance. The property is currently zoned for agricultural uses. Agricultural uses are inappropriate in the long-term for this property, due to the pressure for new development in this area. The area is within the Northwest Plan approved by the City of Lawrence in January, 1997.
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 issues which are not currently resolved, including how wastewater transmission for proposed Phase 2 will be handled and the capacity and improvements of the transportation system which will be needed for the area.
Staff Finding – Agricultural uses are inappropriate long-term, for property within growth corridors of the City. The extension of Overland Drive and improvements to Queens Road would be a relative gain to the public. Additional public infrastructure and service delivery issues are addressed with the proposed phasing of the development, to ensure the project does not diminish the public health, safety, and welfare.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “Our development is well within the planned urban growth area as illustrated in Figure 10. Horizon 2020 encourages the use of a variety of housing types and by providing both single family residential and duplex uses in this area we are providing compatible densities and housing types. This use is also indicated in the Planning Goals and Objectives of the Northwest Plan: “a variety of housing types and costs is encouraged in the southern part of sections 28 & 29” this property is in the southern part of Section 29.”
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.
Residential Land Use
Strategies: Residential Development
The principal strategies for approaching residential land use areas include:
Low-Density Residential Development
“Low-density residential development, reflecting a density of 6 or fewer dwelling units per acre, would continue to be the predominant land use in the City. While this classification includes densities that would encompass duplex and some townhome housing, emphasis is placed on single-family detached development. While existing single-family neighborhoods are essentially built-up, several vacant parcels are scattered throughout the existing community where new low-density residential development should occur in the future. In general, new development should be of a scale and character, including building type, the same as and compatible with, existing or planned homes in the immediate area. New low-density residential areas are located generally in the southern and western portions of the community and in the urban growth area.”
Medium-Density Residential Development
“Medium-density residential development, reflecting an overall density of 7 to 15 dwelling units per acres, is recommended as cluster development at selected locations along major roadways, near high-intensity actively areas, and when adjacent to important natural amenities. This type of land use may be a likely choice for cluster development where density can be transferred from the natural area to the remainder of the property to creatively retain natural features which will enhance the overall development. Medium-density residential areas are intended to promote a mix of housing types within planned development areas. Medium-density areas should include a mix of single-family detached and attached home, cluster homes, townhouses and similar housing types, designed and arranged to create compatible and attractive new residential environments. Extensive concentrations of the same housing type or development pattern should be avoided.”
Northwest Plan–Adopted by City Commission, Resolution #5868 – January 28, 1997.
Land Use Goals and Objectives,
“3. A variety of housing types and costs is encouraged in the southern part of section 28 and 29. Single family residential is encouraged in the central and northern parts of sections 28 and 29.” – Page 4.
“5. Definitions of land use and densities, such as, but not limited to, gross density, net density, very low density residential, low density residential, and medium density residential should conform to Horizon 2020.” – Page 5.
Utilities Goals and Objectives,
“2. Sewers should be installed according to existing sewer plans and policies.” – Page 5.
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.
STAFF SUMMARY The two requested rezonings were submitted in advance of the 40.77 gross acres Stultzland Preliminary Plat [PP-10-28-05]. The 27.86 net acres Preliminary Plat included the following proposed areas: Z-09-58-05 – A to RM-D (Duplex Residential) District –69 duplex-family lots (138 dwelling units)Proposed RM-D Density of 138 D.U./13.74 Net Acres = 10.04 Dwelling Units per Net Acre.
Z-09-59-05 – A to RS-2 (Single-family Residential) District –73 single-family lotsProposed RS-2 Density of 73 D.U./14.11 Net Acres = 5.17 Dwelling Units Per Net Acre.
73 single-family homes + 138 duplex dwelling units = total of 211 dwelling unitsOverall density of Stultzland Plat =211 Dwelling Units/27.86 net acres = 7.58 Dwelling Units per Net Acre. Overall proposed gross density of 211 dwelling units/40.77 gross acres = 5.18 Dwelling Units per Gross Acre. The proposed rezonings generally conform with Horizon 2020. The Stultzland Preliminary Plat will need to comply with approved rezoning for the property and the proposed phasing will need to adequately address downstream wastewater capabilities and transportation infrastructure improvements. Staff is recommending approvals of the requested rezonings of: 19.5234 acres from A (Agricultural) to RM-D (Duplex-Residential) District [Z-09-59-05]; and 21.233 acres from A (Agricultural) to RS-2 (Single-family Residential) District [Z-09-58-05] and forwarding these to the City Commission with a recommendation for approval contingent upon approval and filing of a final plat at the Register of Deeds Office.