PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

04/23/07

ITEM NO. 2A:           RS10 TO GPI; 3.62 ACRES; NORTH OF THE NORTHWEST CORNER OF    6TH ST & STONERIDGE DRIVE (extended) (JCR)

 

Z-03-03-07:    A request to rezone a tract of land approximately 3.62 acres, from RS10 (Single-Dwelling Residential) to GPI (General Public and Institutional).  The property is located north of the northwest corner of 6th Street and Stoneridge Drive (extended).  Submitted by Bartlett & West Engineers, Inc., for the City of Lawrence, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 3.62 acres from RS10 (Single-Dwelling Residential) District to  GPI (General Public and Institutional Use) District and forwarding it to the City Commission with a recommendation for approval based upon the findings of fact outlined in the staff report and subject to the following condition:

 

1.      Approval and recordation of a final plat at the Douglas County Register of Deeds.

 

 

Reason for Request:

 

The property is being rezoned to permit the construction of a elevated tank water tower and associated parking lot.

 

KEY POINTS

  • This is a request to rezone to the GPI District.  The GPI District is a Special Purpose Base District.
  • A Special Purpose Base District is defined by the Development Code as a “district that accommodates a narrow or special set of uses for special purposes” including government and public institutional uses.
  • Development in the GPI District on plots of land greater than 10 acres in area shall be reviewed as an Institutional Development Plan, approved as a Special Use Permit. (Sec. 20-1307(c)(2))
  • Development in the GPI District on plots of land less than 10 acres in area shall be reviewed as an administrative site plan. (Sec. 20-1307(c)(1))
  • The subject site is less than 10 acres in area.  Therefore, the development will be reviewed as a site plan. 
  • A site plan application for the proposed water tower and associated parking lot has been submitted for review, but cannot be approved until the proposed rezoning is approved and published and the final plat recorded.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The subject property is undeveloped at this time.  It is surrounded by undeveloped land on three sides.  It is adjacent to St. Margaret’s Episcopal Church on the fourth side.
  • The character of the area is in a state of transition, from a rural undeveloped nature, to developing urban setting.
  • Improvements were recently completed to West 6th Street (Highway 40) south of the subject property.  The improvements will encourage the area to continue to develop into an urban setting.
  • Multi-dwelling residential development is approved, pending conditions, north of the subject site.  Most of the undeveloped property in the vicinity of the subject site is currently subject to active development proposals in various stages of the review process.

 

CONFORMANCE WITH HORIZON 2020

  • Horizon 2020 provides locational criteria for designating appropriate locations for community facility uses.  Public and civic uses, as termed in the Development Code, are considered community facilities.
  • Horizon 2020 suggests that major utilities be preplanned to ensure compatibility with surrounding land uses.  This has been accomplished through the development of the Northwest Area Plan and the Comprehensive Service Plan for annexations in the area.

 

CONFORMANCE WITH OTHER PLANS

  • A Comprehensive Service Plan was completed for a series of annexations in the vicinity of the subject property.  The plan did identify the appropriate location of an elevated water tower in this general area.
  • The Northwest Area Plan designates the subject property as an appropriate location for institutional uses.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Planning Commission approval of PP-03-03-07; Preliminary Plat for Stoneridge Water Tower Addition; also being considered at this meeting. (Item # 2B)

·         City Commission acceptance of dedication of easements and rights-of-way associated with the preliminary plat.

·         City Commission approval of the proposed rezoning.

·         Administrative review, approval and recordation of a final plat.

·         Publication of the zoning ordinance.

·         Administrative review and approval of a site plan permitting development of the proposed water tower and associated parking lot.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

RS-10 (Single-Dwelling Residential District – 10,000 square feet); undeveloped.

 

Surrounding Zoning and Land Use:

 

         

RS-10 (Single-Dwelling Residential District – 10,000 square feet) to the south; undeveloped.

 

RS-10 (Single-Dwelling Residential District – 10,000 square feet) to the west; St. Margaret’s Episcopal Church.

 

UR (Urban Reserve) District to the north; undeveloped currently.  [RM12D (Multi-Dwelling Residential District – Duplex) zoning is pending; Multi-Dwelling Residential planned.]

 

UR (Urban Reserve) District to the east; undeveloped.

Summary of Proposal

The rezoning is requested to permit the construction of an elevated water tower and associated parking lot on the subject property.  The property is located at a higher elevation than the surrounding area which makes it an ideal location for such a use.  The water tower will allow for an increase in available water supply and water pressure in growing areas of northwest Lawrence.

 

The subject property was annexed into the City of Lawrence in 1998 along with St. Margaret’s Episcopal Church, located adjacent to the site.  This annexation predated the series of annexations completed in 2002 which brought into the City much of the area west of Queens Road, north and south of 6th Street.  A Comprehensive Service Plan completed for this series of annexations, discussed provision of water services and planned for the location of an elevated water tower near the present-day location of K-10 and west 6th Street (US Highway 40).  The subject site is approximately ½ mile east of the planned location for the water tower discussed in the Comprehensive Service Plan, but remains in the general vicinity and is located at a high elevation for the area.  Furthermore, the Northwest Area Plan designates the subject property for public and institutional uses. 

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding – The subject property is surrounded by undeveloped land on the north and east on property zoned UR and south on property zoned RS10.  St. Margaret’s Church is located on property to the west on property zoned RS10.  A rezoning to RM12D is pending the filing of an approved final plat for property to the north of the subject site as duplex residential development is planned for this area.  There are currently no active development proposals for the undeveloped properties to the south and east.      

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The subject property is located just north of the northwest corner of 6th Street and Stoneridge Drive (extended), immediately east of St. Margaret’s Church.  The character of the area is currently defined by the predominance of undeveloped, agricultural land as well as the adjacent church.  However, the character of the area is beginning to evolve into a more urban nature with planned residential development north of the site and commercial developments just west of the site at 6th Street and George Williams Way.  In addition to this, residential development is proposed in the vicinity of the subject site south of 6th Street along Stoneridge Drive. 

                                                                                                      

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The subject property is currently zoned RS10.  The applicant is proposing rezoning to GPI to permit the construction of an elevated water tower on the site.  The primary purpose of the GPI district is to accommodate general public and institutional uses.  It is the most appropriate zoning district for a public utility use.  The GPI district permits some residential uses and the regulations of the district are designed to ensure that development patterns within the district are compatible with adjoining land uses.  The district permits few commercial uses, but many public and civic uses, such as major utility services, as defined in the Development Code.

 

Staff Finding – Approval of the rezoning request would restrict the subject property to those uses permitted in the GPI District which include many public and civic uses, limited residential uses, and few commercial or industrial uses.  Because of the high elevation of this property in relation to the surrounding area it is ideally suited for the proposed use.  Both the Northwest Area Plan and the Comprehensive Service Plan for numerous annexations in the area mention this area as an appropriate location for the proposed use.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

The subject property is currently undeveloped and zoned RS10 and has been such since it was annexed in 1998.  The City of Lawrence has owned the property for some time, and as the previously-mentioned plans point out, has been identified as a suitable location for the proposed use.

 

Staff Finding – The subject property is undeveloped and has been zoned RS10 since it was annexed in 1998.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding – With the exception of the adjacent church, the subject property is surrounded entirely by undeveloped land.  Though residential development is planned to the north, the impacts of the proposed use to adjacent property are expected to be minimal.  Traffic generated by the use will be light and will most likely take Stoneridge Drive (extended) to 6th Street rather than a route through adjacent development.  The proposed use will require administrative site plan approval and the location of the proposed elevated tower and other features such as landscaping and screening will be considered at that time so that the development is compatible with surrounding development.  The proposed rezoning will not detrimentally affect nearby properties.

 

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

 

Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.

 

Staff Finding – A rezoning of this property to the GPI district will permit many public and civic uses. The use proposed will provide a direct benefit to the surrounding properties and the greater community through availability of water and increased water pressure.  Denial of this request would permit only the development of a small area of single-dwelling residential uses located between planned duplex development and 6th Street. 

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The project is in conformance with the following Horizon 2020 goals and policies related to Community Facilities:

 

CHAPTER TEN – COMMUNITY FACILITIES


Strategies: Utilities

                Whenever possible, the location of new major utility corridors should be preplanned to               ensure land use compatibility and minimal disruption to existing development areas.                  (Page 10-11)

 

Community Facilities Goals and Policies (Page 10-16)

 

Goal One: Provide Facilities and Services to Meet the Needs of the Community

Policy 1.2:   Identify Suitable Sites

                Cooperate with other agencies in identifying appropriate sites for future community                   facilities. (Page 10-16)

 

Goal Two: Criteria for the Location of Community Facilities

Policy 2.4:   Utilize Locational Criteria for Utility Structures

a.              Choose locations and design sites in a manner which minimizes the impact on adjacent properties. (Page 10-17)

b.              Ensure that new public sites and buildings are well-designed to enhance the appearance and image of the City and unincorporated Douglas County. (Page 10-17)

 

Staff Finding – The subject property is proposed to be rezoned to GPI (General Public and Institutional use) District.  The proposed district would permit a number of community facility or public and civic uses, including major utilities such as an elevated water tower.  Horizon 2020 suggests that such uses are appropriate in locations where access is taken from collector or arterial streets so that traffic generated by the use does not impact surrounding development.  The plan also suggests other locational criteria which the subject site is consistent with.  Additionally, Horizon 2020 suggests that major utilities be preplanned to ensure land use compatibility.  This was accomplished with the Comprehensive Service Plan which identifies that this area as an appropriate location for a future water tower and the Northwest Area Plan which designates the subject property as an appropriate area for institutional uses.