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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
PC Staff Report
07/23/05
ITEM NO 4B: PRD-2 TO PRD-3; 16.53 ACRES; SOUTHWEST CORNER OF FOLKS ROAD AND OVERLAND DRIVE (PGP)
Z-06-08-07: A request to rezone a tract of land approximately 16.53 acres, from PRD-2 (Planned Commercial Development) to PRD-3 (Planned Commercial Development). The property is located at the southwest corner of Folks Road and Overland Drive. Submitted by Landplan Engineering, Inc. for Free State Holdings Inc, Free State Group LLC and Michael Treanor contract purchasers. The property owners are Carolena Ltd. and HenrysFlower LLC.
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STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 16.53 acres from PRD-2 (Planned Residential Development) District to PRD-3 (Planned Residential Development) and forwarding to the City Commission a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
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Applicant’s Reason for Request: |
To facilitate increased net residential density caused by converting previously proposed access easements to public rights-of-way. |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CONFORMANCE WITH THE COMPREHENSIVE PLAN
RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE
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ASSOCIATED CASES/FUTURE ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None as of the writing of this staff report. |
GENERAL INFORMATION
Current Zoning and Land Use: PRD-2 (Planned Residential Development) District; Undeveloped, unplatted, with a previously approved planned unit development on the property.
Surrounding Zoning and Land Use: GPI (General Public and Institutional use) and RSO (Single-Dwelling Residential-Office) Districts to the north; Across Overland Drive - Lawrence Free State High School and an apartment complex.
PRD (Planned Residential Development) and RSO (Single-Dwelling Residential-Office) District to the east; Across Folks Road existing bank and residences.
RMO (Residential Multi-Dwelling Office) PCD (Planned Commercial Development) and CO (Commercial Office) Districts to the south; Across W. 6th Street, medical office building, apartment complex and retail stores.
Reason for Request: Applicant’s Response -“To facilitate increased net residential density caused by converting formerly proposed access easements to public rights-of-way.”
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The subject property is located at the southwest corner of Folks Road and Overland Drive. The site is within the incorporated city limits of the City of Lawrence.
There is a wide variety of land uses and zoning patterns surrounding the subject property. Development patterns around the property occurs in various stages ranging from undeveloped land to the west to residential and office development to the east and south. Public, institutional, and residential uses are located to the north and northwest of the property.
II. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response, “Subject property is surrounded by major thoroughfares, commercial properties, a high school, and higher density residential dwellings.”
The subject property is within the City limits. Free State High School complex is located across Overland Drive to the north and northwest. The requested rezoning is within the 43 acre Bauer Farm Planned Unit Development, which was conditionally approved by the City Commission on January 10, 2006.
Located in the vicinity is a variety of commercial and office uses including banks, medical office, fast food restaurant, auto service center, video rental store, supermarket, and a shopping center offering a variety of goods and services.
Staff Finding - The subject property is surrounded by a variety of uses at urban development intensity. These uses include commercial, office, and public/institutional development. Those areas that do remain undeveloped are quickly developing or are planned to be developed in the near future.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response, “Subject property is unsuitable to the existing density restriction. See ‘reason for requesting rezoning’, per previous statement.”
Appropriateness of continuing the PRD-2 (Planned Residential Development) Designation.
The PRD-2 (Planned Residential Development) District would still be appropriate for this property. However, as part of the Bauer Farm PUD, the applicant is proposing to dedicate the internal vehicular access ways as public rights-of-way. Per Section 20-1007(A) of the zoning code, residential density in a planned residential development is measured as net residential density. The PRD-2 District is limited to a maximum of 15 dwelling units per net residential acre. The net residential acreage shall be determined by subtracting from the gross development acreage the areas set aside for commercial development, public streets, parks and schools sites, major drainage courses, and other areas not retained for the exclusive use and benefits of the residents in the Planned Residential Development.
The rezoning request seeks to place a PRD-3 (Planned Residential District) zoning district where a PRD-2 (Planned Residential Development) District was previously approved. The property has yet to be developed from the existing agricultural crop production use. The property is surrounding by urban development and is adjacent to a principal arterial - W. 6th Street, and collectors – Folks Road and Overland Drive.
The residential dwellings within the PRD portion are not changing. The residential units are required to be constructed per an approved development plan. The rezoning to PRD-3 to allow for the same amount and location of the previously conditionally approved Bauer Farm Preliminary Development Plan would be appropriate. The PRD-3 District allows for a maximum of 25 dwelling units per net residential acre.
Staff Finding - In staff’s opinion, the property is suitable to either the existing PRD-2 or proposed PRD-3 designation. Development of the property would need to be constructed per an approved development plan for Bauer Farm. The rezoning to PRD-3 with an approved Preliminary Development Plan would be appropriate.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Applicant’s Response: “Property has remained vacant since its unilateral rezoning to PRD-2 in 2005.”
Staff Finding - The subject property was rezoned to PRD-2 in 2003. Prior to 2003, it had been zoned A (Agricultural) District since 1966. It was annexed into the City in 1995.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response, “No change, other than converting easement lines to r.o.w. lines, is proposed; no detrimental affect is anticipated.”
Staff Finding - Removal of the existing PRD-2 restriction and rezoning to PRD-3 with restrictions, would not detrimentally affect nearby 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, “If approved, the public will benefit by a higher-density traditional neighborhood-style development. If denied, the proposed project will be redesigned to a much lower density (conventional sprawl and/or potentially abandoned altogether).”
Evaluation of this criterion weighs the benefits to the community-at-large versus the benefits to the owners of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public's health, safety and welfare.
Typically, property within the City limits that is zoned for higher density residential use has a higher value than property zoned for lower density residential use. Rezoning the subject property from PRD-2 to PRD-3 with restrictions per the development plan will better facilitate the development of the subject property within the context of the proposed Bauer Farm Planned Unit Development and not place a hardship on the individual landowner.
The prior zoning restriction on this property that “no building permit be issued until W. 6th Street Project is substantially completed” is no longer needed as the W. 6th Street Project has been completed.
Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner or the general public.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response, “H2020 calls for residential use in the subject area; no change to formerly-approved land use is proposed.”
Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County. An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan.
Chapter 4 Growth Management,
Strategies: Residential Development
“A mixture of housing types, styles and economic levels should be encouraged for new residential and infill developments.”
AREA PLAN - W. 6th/WAKARUSA DRIVE
The following nodal plan information comes from AN AREA PLAN FOR THE INTERSECTION AREA OF WEST 6TH STREET & WAKARUSA DRIVE. The nodal plan was approved by the Lawrence City Commission on December 2, 2003.
The West 6th Street/Wakarusa Drive study area is anticipated to evolve into one of the more prominent commercial centers of the community. The Lawrence City Commission has directed City staff to ensure new development at this intersection area is appropriate for the surrounding neighborhoods and also within the context of the entire community. The City Commission has also directed City staff to ensure that new development is compatible with existing development located within and adjacent to the intersection area. Any development proposals for this intersection will come under close scrutiny to ensure this direction is abided by. The following land use recommendations regarding the development of the West 6th Street/Wakarusa Drive study area are based on the analysis of the above identified existing conditions and envisioned future of this intersection area. In addition to the recommendations below, it is recommended that no building permits be issued for the study area until the West 6th Street Improvement Project is substantially completed.
The Area West of Folks Road
The area located west of Folks Road (the northwest corner of the West 6th Street/Folks Road intersection) is recommended as most appropriate for medium- to high- density residential development. This area could also serve well as a mixed office-residential development or public/semi-public/institutional use. It is recommended no commercial, retail or otherwise, be located at this intersection as such activity would disrupt the residential character and feel of adjacent land use activities and residential neighborhoods. Commercial activity at this intersection would also expand the commercial center at West 6th Street and Wakarusa Drive from a center into a strip development, which is in conflict with the goals and policies of Horizon 2020 and the Northwest Plan. It is recommended the existing A, Agricultural, zoning designation be rezoned to PRD-2 with the intent of encouraging a mixed-use office-residential development that would be complimentary to existing and future developments and neighborhoods.
Staff Finding - The rezoning to PCD-3 subject to an approved development plan and the platting of the property would be in conformance with Horizon 2020 and the Area Plan for the Intersection of W. 6th Street and Wakarusa Drive. The Area Plan identifies medium to high density residential uses for the area west of Folks Road.
STAFF REVIEW
The requested zoning change from PRD-2 to PRD-3 is the result of a decision by the developer to dedicate to the public, right-of-way for the internal streets, which results in a change in a residential density of 21.4 dwelling units per net residential acre. PRD-2 allows for a maximum of 15 dwelling units per net residential acre. PRD-3 allows for a maximum of 25 dwelling units per net residential acre.
The rezoning of the subject property is appropriate for an increasingly urbanizing area. The rezoning of the subject property to Planned Residential Development-3 is not likely to cause detrimental effects to surrounding neighborhoods or individual property owners.
The rezoning request of the subject property is in conformance with the City’s Comprehensive Plan and Area Plan for the intersection of West 6th Street and Wakarusa Drive.
The rezoning request should be contingent upon the approval of a Preliminary Development Plan and filing of a Final Plat.
As part of condition of approval of the Bauer Farm Preliminary Development Plan, the City Commission directed that a revised Preliminary Development Plan meeting the conditions of approval be brought back before them for their review. The property has not been platted. The Preliminary Development Plan also acts as the Preliminary Plat for the property. A copy of the applicant’s proposed revised Bauer Farm Development Plan has been included in the Planning Commission’s packet for reference.
STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 16.53 acres from PRD-2 (Planned Residential Development) District to PRD-3 (Planned Residential Development) and forwarding to the City Commission a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions: