PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

ITEM NO. 9C : COUNTY A TO UR; 38.6 ACRES; 31ST & OUSDAHL (MKM)

 

Z-05-06-07: A request to rezone a tract of land approximately 38.6 acres, from County A (Agricultural) to UR (Urban Reserve). 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-05-06-07] for 38.6 acres from County A (Agricultural) District to UR (Urban Reserve) 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 reasons for requests:               “This request is to establish an appropriate zoning district for agricultural land being annexed to the City.”

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; UR zoning is being requested for the property within the second phase.

·         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 UR 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 rezoning request for 24.5 acres from RS10 and A to RM15; also being considered at the June Planning Commission meeting.

·         City Commission approval of rezoning requests RS10 and A to RM15 and A to UR [Z-05-05-07 and Z-05-06-07, respectively].

·         Zoning ordinance publication after recordation of final plat.

·         PP-05-06-07; 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:

 

A (Agricultural) Districts; agricultural uses-row crops.

 

Surrounding Zoning and Land Use:

To the north, A (Agricultural) and RS10 (Single-dwelling Residential) Districts; agricultural uses. (Rezoning request to RM15 being considered at the June Planning Commission meeting.)

 

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

 

To the west are three zoning districts: 

PCD [Pine Ridge Plaza] District; Pine Ridge Plaza Shopping Center with commercial uses.

CS (Commercial Strip) District; Wal-Mart.

RS7 (Single-dwelling Residential); lagoon—stormwater detention pond behind Wal-Mart.

 

To the south and east: A (Agricultural) District; this land lies outside the Incorporated City Limits; Agricultural uses—row crops and rural residences.

 

1.  CONFORMANCE WITH THE COMPREHENSIVE PLAN

Growth Management Goal 1, Policy 1.3(b) recommends that property in Service Area 1 be required to annex prior to development.

 

The Comprehensive Plan does not specifically address the UR (Urban Reserve) Zoning District. The Zoning District permits only those uses permitted in the previous agricultural zoning district but is a more appropriate zoning district for property within the city limits.

 

 

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

Staff Finding  --  There are a variety of zoning districts and uses in this area. To the west is CS (Commercial Strip) and PCD (Planned Commercial Development) with the Pine Ridge Shopping Center and Wal-Mart and a narrow strip of RS2 (Single-dwelling Residential) District which contains the stormwater detention pond behind the Wal-Mart building.   Approximately 24 acres of the subject property is zoned A and RS-10 and has a rezoning request to RM15 on the June Planning Commission agenda. This property is currently in agricultural production and if the rezoning is approved would be developed with a medium density multi-dwelling residential development. To the east and south is land outside the City limits which is zoned for agricultural land uses and is in agricultural production with scattered rural residences.  Further north is a mobile home park in a RS10 Zoning District.

 

III.  CHARACTER OF THE AREA

The area is located at 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 33st Street area is 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. Agriculture is the predominate land use to the south and east. A large area of floodplain which contains the Baker Wetlands is located approximately 1500’ east of the property.

 

Staff Finding  --  The surrounding area has a very mixed character including commercial development, medium-density residential, agricultural, and floodplain which includes the Baker Wetlands, which is open to the public.

 

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 residential and agricultural 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 agricultural district. The agricultural district is not suitable for land inside the corporate limits.”

 

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 subject property.

 

The UR, Urban Reserve District, is a Special Purpose Base District primarily intended to provide a suitable classification for newly annexed land. The district is intended to avoid premature or inappropriate development that is not well served by infrastructure or community services. It is also intended for implementation in areas where an adopted neighborhood plan or area development plan is not in place. It permits only very low-intensity development (agricultural uses) until such time that a land use plan and infrastructure and community services are in place.

 

The ‘A’ District would not be a suitable zoning classification for property in the City and as development is not immediately proposed for this property, it should be classified as UR (Urban Reserve) and only agricultural uses would be allowed until a rezoning associated with a proposed development were requested for this property.

 

Staff Finding  --  The property as zoned would allow agricultural uses. The rezoning to UR would allow limited agricultural uses and would be the appropriate zoning for the land when it has been annexed into the city.

 

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

Applicant’s Response:

          “Agricultural land use since at least 1960s”

 

Staff Finding – The 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 change in land use from agriculture.”

 

Staff Finding – The rezoning will apply an appropriate zoning classification for properties located within the city limits, but will not remove any restrictions on the property. Therefore, there will be no detrimental effect on nearby property.

 

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 conform to City Code and annex and contiguous to the City.”

 

Staff Finding –The annexation would maintain orderly growth in that the sanitary line being utilized would be within the City limits. There would be little gain to the community with the annexation of this property.

 

STAFF REVIEW

The subject property is located near a regional commercial center and is located in Service Area 1 of the Urban Growth Area. The Growth Management Policy requires that properties in Service Area 1 be required to annex prior to development. The property is part of a development proposal that will contain two phases. Phase 1 is a multi-dwelling residential development which will be located on the northern portion of the property. The City Utilities Engineer has approved the applicant’s plan to conduct a temporary pump station to route their sewerage to the southern sewer line as capacity is not available in the northern line. The Engineer stated that sewer capacity may not exist for the 2nd phase of the development and will be considered when a development proposal is brought forward.

 

The UR zoning designation is the correct designation for annexed property that does not have a current development proposal. The UR zoning will restrict uses to crop agriculture and any lawful uses in existence immediately prior to annexation.