Memorandum
City of Lawrence
Planning Department
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TO: |
David Corliss Debbie Van Saun |
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FROM: |
Planning Staff |
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C: |
Jane Eldredge Tim Herndon |
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Date: |
May 31, 2006 |
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RE: |
Findings of Fact for Mercato Rezonings from the May 9, 2006 City Commission Meeting
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Please include the following item on the City Commission consent agenda for consideration at the June 6, 2006 meeting:
MERCATO REZONINGS
APPROVAL OF FINDINGS OF FACT FOR
CITY COMMISSION MEETING OF MAY 9, 2006
On May 9, 2006 the City Commission approved the Mercato rezonings:
Z-03-05-06 45.31 acres from A (Agriculture) to PCD-2 (Planned Commercial Development) District;
Z-03-05-06 31.12 acres from A (Agriculture) to RO-1A (Residence-Office) District;
Z-01-10-05 25.82 acres from A (Agriculture) to RS-2 (Single-family Residential) District;
Z-01-11-05 7.63 acres from A (Agriculture) to RM-D (Duplex Residential) District; and
Z-01-12-05 12.77 acres from A (Agriculture) to RM-2 (Multiple-family residential) District;
all subject to conditions, and subject to the proposed findings of fact to be provided for approval on a future agenda.
The findings of fact presented below were consolidated from the Mercato rezoning staff reports and minutes of the City Commission and Planning Commission meetings.
I. ZONING AND USES OF PROPERTY NEARBY
Most of the properties nearby are currently zoned A (Agriculture) with agriculture uses and undeveloped land. Conditionally approved RS-2 (Single-family Residential) District and RM-1 (Multiple-family Residential) District zoned Oregon Trail Subdivision is located to the east across the proposed extension of George Williams Way. Proposed Northgate Planned Commercial Development is located to the south across W. 6th Street.
II. CHARACTER OF THE AREA
The subject property is located at the northeast corner of the intersection of K-10 Highway and W.6th Street (U.S. Highway 40). It is located within an area which by annexation agreement, was to retain its Douglas County zoning (A Agricultural) until development was proposed. Properties to the north, west and south are largely undeveloped at this time. Properties to the east contain a conditionally approved Oregon Trail Preliminary Plat, an existing church, a vacant parcel, and a future city water tower site.
The proposed Mercato development site is within the Nodal Plan for W. 6th Street and K-10 Highway that was approved by the City of Lawrence on November 11, 2003.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
A to PCD-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 in the City since 2001. The PCD zoning designations, based on the W. 6th Street/K-10 Nodal Plan, Northwest Area Plan and Horizon 2020 is appropriate on this corner of the W. 6th Street/K-10.
A Preliminary Development Plan approved by both the Planning Commission and City Commission, and a Final Development Plan which conforms to the approved Preliminary Development Plan is required prior to development of the PCD-2 area. This Development Plan for the commercial component of Mercato would include restrictions as indicated for a Community Center under 400,000 square feet (Chapter 6, pages 7 and 8 of Horizon 2020) and the Nodal Plan for this intersection (Nodal Plan for the Intersection of W. 6th Street and K-10 Highway). Based upon the amount of acreage requested for this PCD-2 area, the Mercato Development Plan may need to include mixed-uses; which could include a mixture of commercial retail, office, bank, and residential. Residential units are allowed uses within a Planned Commercial Development, as approved by the Planning Commission and City Commission. The maximum density of residential within a PCD-2 is 35 dwelling units/net acre. Any residential component may be further restricted based upon traffic, utilities, or other concerns which would be identified at the time of Preliminary Development Plan review.
A to RO-1A
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 in the city since 2001. The requested residential office/zoning is consistent with the recommendation for office use in the Nodal Plan.
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 in the city since 2001. The requested residential zoning is consistent with the recommendation for low density residential use in the Nodal Plan and would convert to RS-7 in the new zoning code.
A to RM-D
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 in the city since 2001. The requested residential zoning is consistent with the recommendation for medium density residential use in the Nodal Plan.
A to RM-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 in the City since 2001.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The subject property has been zoned A (Agricultural) District since 1966 when the County Zoning Regulations were adopted. The larger 105 acre parcel was annexed into the City in 2001 and retained its County zoning. An annexation request [A-01-02-05] for the northwest 17 acre parcel is being considered in conjunction with this application, and was recommended for conditional approval by the Planning Commission at their October 2005 meeting. The property is undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Removal of the agricultural zoning restrictions and rezoning to Lawrence City Zoning Districts, in conjunction with a Preliminary Development Plan/Preliminary Plat would not produce a detrimental affect upon nearby property and beyond. Development of this property will assist with the extension of George Williams Way and Overland Drive. W. 6th Street access to the existing K-10 frontage road is required to be removed, when internal access is provided as part of the development of the adjoining property. Development of the property will be reviewed and restrictions placed upon the commercial retail component of the development in accordance with CC400 in Chapter 6 of Horizon 2020 and the approved Nodal Plan for W. 6th Street and K-10 Highway.
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
Agricultural uses are generally short term uses for property within growth corridors of the City. The rezoning of a portion of the site to the proposed planned commercial and residential development category where public sewers and improvements can be provided would be consistent with the CC400 (under 400,000 Square Feet Community Commercial Center) node designated in Horizon 2020.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The requested rezonings are consistent with Horizon 2020 and the approved Nodal Plan for W. 6th Street and K-10 Highway.
The rezonings are conditioned upon the approval and filing of a final plat at the Register of Deeds Office. The PCD-2 rezoning is also conditioned upon the submittal and approval of a Preliminary Development Plan. The Preliminary Development Plan will need to follow the proposed commercial design guidelines as recommended by the Planning Commission.
Action Request. Planning Department staff request approval from the City Commission of the Findings of Fact for the Mercato Rezonings as presented in this memorandum.