PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

ITEM NO. 9B :    RS-10 & COUNTY A TO RM-15; 24.5 ACRES; 31ST & OUSDAHL (MKM

 

Z-05-05-07:  A request to rezone a tract of land approximately 24.5 acres, from RS-10 (Single-Dwelling Residential) & County A (Agricultural) to RM-15 (Multi-Dwelling Residential). The property is located at 31st & Ousdahl. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of the rezoning request [Z-05-05-07] for 24.5 acres from RS10 (Single-Dwelling Residential) and County A (Agricultural) Districts to RM15 (Multi-Dwelling Residential) 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 condition:

1.      Recording of a final plat prior to publication of the rezoning ordinance

 

Applicant’s reason for request:        “This request is to establish an appropriate zoning district for multi-family dwelling housing at a site with good street and transit system access.”

KEY POINTS

·         The applicant intends to develop this property in two phases. RM15 zoning is being requested for the property within the first phase to allow development of a one-lot multi-dwelling residential subdivision.

·         A portion of the property is outside the Lawrence city limits. An annexation request [A-05-04-07] was submitted concurrently with this rezoning request.

·         The property is currently unplatted and a Preliminary Plat [PP-05-06-07] was submitted concurrently with this rezoning request.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         The area is served by a network of higher classification streets with a principal arterial/highway (Iowa St/59 Hwy) located to the west, an arterial (W 31st Street) passing east and west which connects the highway with collector streets (Louisiana and Haskell Avenue) to the east. The immediate area does not have any local streets. The future land use map shows a minor arterial being extended along the eastern side of the subject property.  The area has a mixture of commercial, agricultural and residential land uses.

 

CONFORMANCE WITH HORIZON 2020

§         The proposed rezoning request from A and RS10 to RM15 is consistent with land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Planning Commission recommendation of approval of annexation request for southern 52 acres into the City [A-05-04-07]; submitted concurrently with this rezoning and being considered at the 6-27-07 Planning Commission meeting.

·         Planning Commission approval of zoning request for 38.6 acres from A to UR [Z-05-05-07], also being considered by the Planning Commission during its 06-06-07 meeting.

·         City Commission approval of zoning requests for RS 10 and A to RM15 and from A to UR [Z-05-05-07  and Z-05-06-07, respectively].

·         Zoning ordinance publication after recordation of final plat.

·         Preliminary plat of the Exchange at Lawrence, which is also being considered by the Planning Commission during its 06/27/07 meeting.

·         Submittal of the preliminary plat to the City Commission’s acceptance of dedication of rights-of-way and easements.

·         Final plat approval and recordation at the Douglas County Register of Deeds.

·         Submittal and administrative review of a site plan for the multi-dwelling development.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         A call from Jeanne Ellermeier of Indian Hills Neighborhood Association expressing concern over the rezoning request being submitted to the Planning Commission before the Southern Development Plan has been adopted.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

 

RS10 (Single-dwelling Residential) and A (Agricultural) Districts; agricultural uses-row crops.

 

Surrounding Zoning and Land Use:

To the north, across 31st Street: RS10 (Single-dwelling Residential) District; Gaslight Village Mobile Home Park.

 

To the west are three zoning districts: 

CS (Commercial Strip) District; a mini-storage facility, and a auto/tire service center

GPI (General Public and Institutional); a post office;

PCD [Pine Ridge Plaza] District; a narrow strip of undeveloped land along Ousdahl Road and beyond that the Pine Ridge Plaza Shopping Center with commercial uses.

 

To the south and east: A (Agricultural) District; this land lies outside the Incorporated City Limits; Agricultural uses—row crops.  A rezoning request for 38.6 acres adjacent to the southern boundary of this property is being considered at the June Planning Commission meeting.

 

 

1.  CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

  “This request is a less intense use than proposed with Horizon 2020, which indicates office uses on this site.”

 

Medium Density Residential Development. (page 5-4)

Medium density (between 7 and 15 units per acre) are recommended as clustered development at selected locations along major roadways, near high-intensity activity areas, and when adjacent to important natural amenities. 

 

“Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office/commercial areas. In addition to providing attractive new housing options within the city, these areas should be designed to help avoid major and abrupt changes in density or use.” (page 5-5, Horizon 2020)

 

Goal 1. Criteria for Location of Medium- and Higher-Density Residential Development.

Policy 1.3 recommends that medium- and higher-density developments be arranged in small clusters as transitions from more intensive land uses, or located at the intersection of major streets/roads. (page 5-23)

 

Policy 1.6 recommends that higher-density residential developments be located adjacent to arterial, access or frontage roads.(page 5-24)

 

Policy 1.7 recommends that a traffic impact study be required for development proposals which increase the amount of medium-and higher-density residential areas beyond areas designated on the Future Land Use Map (page 5-24)

 

Goal 3: Compatible Transition from Medium-Density and Higher-Density Residential Development to both More Intensive and Less Intensive Land Uses.

Policy 3.2 encourages the integration of medium-density residential development with low-density residential areas and more intensive land uses as transitional use. (page 5-28)

 

Goal 4: Transportation Considerations

Policy 4.1 recommends that construction of new medium- or high-density residential development shall not be approved until the surrounding street/road system can provide an acceptable level of service. (page 5-30)

 

Policy 4.4 recommends a minimum of 2 access points for residential developments. (page 5-30)

 

Policy 4.5 recommends that lot access be designed to avoid curb cuts and local street intersections on arterial streets. (page 5-30)

 

Commercial Land Use Policy 2.3 recommends using higher-density residential development as a transitional land use between commercial developments and the surrounding low-density residential neighborhoods.

 

Commercial Land Use Policy 2.5 A  encourages using low-intensity office, research and semi-public development as a transition between commercial development and low-density residential neighborhood.  The Comprehensive Plan recommends higher-density residential development and encourages low-intensity office uses as transitions.

 

Policy 4.1 : construction of new medium- or high-density residential development or the expansion of existing medium- or higher-density residential development shall not be approved until the surrounding street system can provide an acceptable level of service.

 

The Lawrence Future Land Use Map in Horizon 2020 (page 3-4) recommends office uses on the northern portion of this property. (Figure 1) The southern portion of the property is shown in the Lawrence Urban Growth Area Service Areas and Future Land Use Map of Horizon 2020 (page 3-3) as office/public uses with the property to the east as higher density residential. (Figure 2) Horizon 2020 states that the foundation of the plan is the Goals and Policies, while the maps are a supportive part of the plan. (page 1-4)

The use varies from that shown on the future land use maps, but does comply with the information in the text. The proposed rezoning request complies with the transportation goals and policies. The level of service for all roads and intersections which could access the property are C or higher, with the exception of the Louisiana/31st Street intersection which operates at a service level of F in the evening peak hours. The  traffic impact study indicates that this development will not negatively impact the intersection’s level of service.  The development is only allowed access from Ousdahl and the TIS indicates that most of the traffic will utilize the 31st Street/Iowa intersection or the 33rd Street/Iowa intersection rather than the 31st Street/Louisiana Street intersection.

Staff Finding  -- The proposed rezoning request conforms with Horizon 2020 policies related to use of medium- and high-density residential development as transitions between commercial and residential land uses and with the policies related to transportation. The level of service of the surrounding streets which are planned to be utilized by this development is C or higher, with the exception of the 31st Street and Louisiana intersection which operates at a level F in the evening peak hours. The Traffic Impact Study indicates that this development will have little impact on the intersection in the peak hours.

 

II.       ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

Staff Finding  --  There are a variety of zoning districts and uses in this area. Commercial (PCD, CS) zoning to the west and northwest containing intense commercial uses, GPI (General Public and Institutional) zoning to the west containing a post office, a small area of RS7(Single-dwelling Residential) zoning to the east of the commercial property containing a stormwater detention pond. RS10 (Single-dwelling Residential) zoning to the north containing a mobile home park, and to the east and south is land outside the City limits which is zoned for A (agricultural) and is in agricultural production. Approximately 1/3 mile to the east is the floodplain overlay district which contains the Baker Wetlands, agricultural lands and the Wakarusa River.  Photos illustrating the variety of land uses in the area are included in Appendix B.

 

III.  CHARACTER OF THE AREA

The area is located on the southern boundary of the city, near the intersection of W 31st Street and Iowa Street/Hwy 59. The area along Iowa Street/Hwy 59 from W 23rd Street to the W 33rd Street area is  referred to in Horizon 2020 as a ‘regional commercial center’. This area contains the city’s larger commercial uses such as Wal-Mart, Target, Pine Ridge Shopping Center, Best  Buy, Home Depot and several other smaller stores.  Ousdahl Street is the eastern boundary of the commercial development south of W 31st Street.

 

The Baker Wetlands, which is open to the public, is located within a mile to the east. Approximately ½ mile to the west is a recreation pedestrian/bicycle path which circles the western portion of the city. Holcomb Park and Community Center are located within a mile to the northwest. Naismith Valley Park is located within ¼ mile to the north, but there is no direct connection from the subject property to the park.

 

Staff Finding  --  The area has a very mixed character with uses ranging from high-intensity commercial development to medium-density residential with open space located in the area, although not within what is usually regarded as easy walking distance.

 

IV.       PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY

 

Lawrence Trafficway Corridor Land Use Plan, adopted July 1989, recommended land uses based on the future alignment of the South Lawrence Trafficway (SLT).  Regarding the area near the proposed intersection of the SLT and US Highway 59

“…if the undeveloped RS-1 (now RS10) area to the southeast is rezoned, the potential for strip development is present. Some commercial development in the form of highway services would be desirable at this location if the development was carefully phased and planned. This is the southernmost entry into the City of Lawrence and any commercial development at this location should be reviewed to provide for an attractive and well planned area. The area to the southeast zoned RS-1 might be considered for use as a Residence-Office District. A combination of medium to high density residential use and office use would help to control future commercial activity at this intersection.”

 

The Land Use Map (Figure 1, appendix A) shows commercial/office, and residential uses for the area being considered with this rezoning request.

 

Southern Development Plan, adopted January 1994, was for a shorter range than the comprehensive plans. It was intended to cover the foreseeable future of 5 to 7 years. It was developed in response to a request from the City Commission for a plan concentrating on land use issues in an abbreviated format. (page 3)

 

The plan recommended “The graduation of residential intensities of land uses is encouraged as this area develops or redevelops. Medium density residential areas shall be used as buffers between more intensive developments and low density residential areas. Low density residential developments shall be encouraged to develop on the interior of the neighborhood units.” (page 4)

 

The conceptual land use map provided with the plan recommended a Planned Office District for the subject property consisting of offices and residential uses. (Figure 2, Appendix A) A note included with the map stated that it is a conceptual representation of the policies in the plan and is intended only to lend general illustrative support to these policies.

 

The previous plans were both developed in anticipation of the 31st Street Alignment of the SLT.  The fact that the SLT alignment has not yet been determined and the age of these plans must be taken into consideration.

 

Transportation 2025 (T2025) adopted September, 2002 developed a future land use map to estimate future travel demand.  While this map is not a policy guide for determining land uses, it does indicate the future land use being considered during the transportation planning process. The Future Land Use Map shows office and open space development on the subject property. (Figure 3, Appendix A)

 

V.     SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

Applicant’s Response:

“The subject property is currently zoned in both single family residential and agricultural districts. Lower density/single family residential is not a consistent use with the mobile home development to the north or the commercial development to the west. The agricultural district is not suitable for urban use.”

 

In the past, when property was annexed into the City without a rezoning request or development proposal, it had been the City’s policy to rezone the annexed property to RS-1. This zoning change was automatic and was not a result of proposed development or recommendations in Horizon 2020. With the adoption of the Development Code, the RS-1 zoning converted automatically to RS10.  The RS10 zoning classification in place on this property is a ‘place holder’ zoning used for property that had been annexed without an accompanying development plan.

 

According to the Development Code the primary purpose of the RS District is to “accommodate predominantly single detached dwelling units on individual lots.”  The RS10 District allows for low-density residential uses (10,000 sq. ft. minimum lot size required) that are limited to single-family dwellings with a maximum density of 4.36 dwelling units per acre.  The southern portion of the subject property is zoned A which allows for agricultural uses. Permitted uses in the A District include farms, truck gardens, nurseries, hospital or clinic for large or small animals, commercial dog kennel, commercial green house, commercial riding stable, grain storage structures, religious institution, college and school, country club and other similar uses. The County Zoning Ordinances lists the purpose of the A District as “to provide for a full range of agricultural activities, including processing and sale of agricultural products raised on the premises…. and to prevent the untimely scattering of more dense urban development.” A request has been submitted for the annexation of the southern portion of the property. The ‘A’ District would not be a suitable zoning classification for property in the City.

 

Per the Development Code, the RM Districts are intended to “create, maintain and promote higher density housing opportunities in areas with good transportation access”. Horizon 2020 recommends that medium- and higher-density residential development serve as transitions between higher and lower intensity uses. The current low-density residential and agricultural zonings are not suitable for this property. A medium- or high-density residential development would serve as a transition between the commercial development and future, less-intensive uses to the east.

 

Staff Finding  --  The property as zoned would allow for 4.356 dwelling units per acre on the portion zoned ‘RS10’ and one dwelling unit per parcel on the southern portion zoned ‘A’. Given the proximity to high intensity commercial development and the medium-density residential mobile home park, the property is not suitable for the low-density uses to which it is currently restricted.

 

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

Applicant’s Response:

          “The single family zoning district has been vacant since the 1960’s when the property was annexed.”

 

Staff Finding – The subject property has never been developed but has been used for agricultural purposes.

 

VII.  EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

 

Applicant’s response:

“No detrimental affects are anticipated to the nearby properties.”

 

The rezoning request would remove restrictions to allow medium density residential development. This zoning would be compatible with neighboring land uses and would provide a transitional area between the commercial uses to the west and future lower density residential zoning to the east.  W 31st Street and Louisiana St intersection is an area with traffic issues and there is a possibility that the increased traffic may negatively impact this area.

 

The traffic impact study reviewed the traffic expected under the office land use recommended for this area in Horizon 2020’s future/land use map and indicated that the amount of traffic generated from the proposed residential use would be less than that generated by office uses.

 

The drainage study which has been approved by the City Stormwater Engineer shows the stormwater being channeled to a detention pond in the southeast corner of the development. The City Stormwater Engineer indicated that this development would not increase the flooding potential of the lands to the north.

 

A Downstream Sanitary Sewer Analysis has been submitted to the Utilities Department for review and the analysis has been approved for this portion in terms of available capacity in the 24” line south of the subject property.  Connection is still subject to the submittal and approval of sanitary sewer public improvement plans, including those for the proposed temporary pump station.  All public improvements shall be designed and constructed in accordance with the City of Lawrence Department of Utilities Standard Specifications and Design Criteria.

 

A complete Traffic Impact Study (TIS) was submitted to the Public Works Department and Transportation Planner for review and has been approved. The TIS indicates that the proposed development will have minimal impact on the intersections and traffic volume. The TIS pointed out that the 31st Street Corridor Study, which was prepared by the City in 2002, assumed ‘office land use’ for the subject property based on the Land Use Map in Transportation 2025. The TIS computed the amount of traffic generated by the suggested ‘office land use’ as 4552 trips and for the proposed ‘multi-dwelling residential’ land use as 2148 trips. Rezoning this property to multi-dwelling residential would generate less traffic in the area than rezoning to ‘office’ use.

 

Staff Finding – The development will be compatible with the surrounding land uses and will not have detrimental impacts to neighboring properties.   The amount of traffic generated by this development will be more than that allowed under the ‘place holder’ zoning, but less than that generated by the office land use recommended in Horizon 2020.

 

VIII.              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:

       “The gain to health, safety, and welfare is orderly growth of the City in a regulated manner. The hardship to the landowner from denial would be the inability to develop urban uses on the property”.

 

Evaluation of these criteria includes weighing the benefits to the public versus the benefits of the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare. A medium- or high-density residential development at this area would provide transition from the commercial areas to the west and the residential neighborhoods to the northeast.

 

If the rezoning were denied, the applicant could not develop urban uses on the southern property and would need to create large lot single-family homes next to the intense commercial development.

 

Staff Finding – The rezoning would have positive public impact in that it would provide a transition between the commercial and lower-density residential uses. Not approving the rezoning request would prohibit urban development at this area.

 

STAFF REVIEW

The Planning Commission considered this rezoning request at their November, 2006 meeting along with the annexation of the northern 13.3 acres which made up Phase I of the applicant’s development proposal. The minutes of the November Planning Commission meeting are included in Appendix C. The Commission voted to recommend approval of the annexation, but voted 5 to 5 to recommend approval of the rezoning to RM15, which constituted a recommendation for denial. Issues which were raised at the November, 2006 meeting included the fact that the entire property was not being annexed, the age of the area plans which were being considered and the lack of a current development plan, and the traffic concerns expressed by the neighborhoods in the area of W 31st Street and Louisiana Street intersection. The Commission decided to work on the Southern Development Plan and Staff estimated that a plan would be complete in 4 to 6 months.  The applicant’s revised request includes annexation of 52 acres to include both phases of the project. A draft of the Southern Development Plan has been completed and a public hearing held. The plan is scheduled for the Planning Commission July meeting and will be placed on the City Commission for approval a few weeks after the Planning Commission has approved it.  Information and recommendations in the plan have not been included in this staff report as the plan has not yet been adopted. 

 

 The subject property is adjacent to a regional commercial center and across the street from a mobile home park.  Horizon 2020 recommends using office/research or medium- to high-density residential uses as transitions from commercial uses. The proposed rezoning is in compliance with the land use recommendations of Horizon 2020 and is compatible with the character of the area.

 

The property is bounded on the north by a minor arterial, the west by a collector and minor arterial is shown on the future thoroughfares map along the eastern property line.  Horizon 2020 recommends locating medium and higher-density residential uses at the intersection of major streets/roads (Policy 1.3; page 5-23) and that higher-density residential developments be located adjacent to arterial, access or frontage roads (Policy 1.6; page 5-24) This would be a suitable location for a medium-density residential development. The RM15 Zoning District can be developed at a density 15 dwelling units per acre, which Horizon 2020 classifies as ‘medium-density’. The proposal complies with the recommendations in Horizon 2020.