PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

11/26/07

ITEM NO. 2B :    RS10 & A TO RM15; 56.44 ACRES; 31ST & OUSDAHL (MKM)

 

Z-10-24B-07: A request to rezone a tract of land approximately 56.44 acres, from RS10 (Single-Dwelling Residential) and County A (Agriculture) to RM15 (Multi-Dwelling Residential). The property is located at 31st & Ousdahl. Submitted by Michael Berry, P.E. Professional Engineering Consultants, for RA & JG Limited Company property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of the rezoning request [Z-10-24B-07] for 56.44 acres from RS10 (Single-dwelling Residential) District and County A (Agricultural) District 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.

 

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

·         A portion of the subject property had been included in earlier rezoning requests to the RM15 (Multi-dwelling Residential) District [Z-09-26-06] and [Z-05-05-07] and UR (Urban Reserve) District [Z-05-06-07]. A history of the applicant’s development proposals for this property is included as Attachment E to these staff reports.

·         Three lots are being created with this plat and Ousdahl and W 33rd Street will be extended through the property.

·         The City Utility Engineer previously approved the applicant’s proposed alternative method of providing sanitary sewer to the site for the northern portion, Lot 1, Block One but a new downstream sanitary sewer analysis was required for the additional property being requested for rezoning to RM15. The development of the southern portion, Lot 1 Block Two and Lot 1 Block Three may require phasing dependent on sanitary sewer capacity.  Phasing will be a requirement of the preliminary plat, if capacity is not currently available for the southern portion of the development.

 

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. The subject property contains agricultural land with wooded areas.

 

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

ANNEXATION

·         Planning Commission recommended approval of annexation request for southern 52 acres into the City [A-05-04-07] on 6/26/07; annexation request was deferred from the City Commission’s 8/14/07 agenda to allow applicant time to revise rezoning and plat proposal. City Commission approval of annexation and publication of annexation ordinance is required.

REZONING

·         Planning Commission approval of rezoning request [Z-10-24A-07] for 6.673 acres from A to OS (Open Space) submitted concurrently with this rezoning request and also being considered at the November Planning Commission meeting.

·         City Commission approval of rezoning requests Z-10-24A-07(A to OS) and Z-10-24B-07 (RS10 and A to RM15).

·         Publication of zoning ordinances.

PLATTING

·         Preliminary Plat was approved by the Planning Commission at the 6/27/07 meeting.

·         Planning Commission approval of the revised preliminary plat of the Exchange at Lawrence, which is being considered by the Planning Commission during its Nov. 26, 2007 meeting.

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

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

DEVELOPMENT

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

·         Funds placed in escrow and transfer of land for the pump station prior to issuance of building permits.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment has been received prior to the printing of this staff report. Public comment received with the previous rezoning request to RM15 is included as Attachment A.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

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

 

Surrounding Zoning and Land Use:

To the north: 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; land outside the Incorporated City Limits; Agricultural uses—row crops and KDOT property purchased as right-of-way for the South Lawrence Trafficway (SLT).

 

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.”

 

Chapter Four contains recommendations regarding growth management.

Policy 1.3(b) recommends that property in Service Area 1 be required to annex prior to development. (page 4-7; Horizon 2020)  An annexation request has been submitted and Planning Commission recommended approval in June of 2007. The annexation request has been deferred from the City Commission’s agenda pending revisions of the rezonings and preliminary plat.

 

Chapter Five contains recommendations regarding Residential Land Use.

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

 

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

 

Chapter Six of Horizon 2020 contains recommendations regarding transitions from commercial properties to low-density residential neighborhoods.

Transitional uses which are recommended in Chapter Six include higher-density residential development (Policy 2.3; page 6-23), low-intensity office, research and semi-public development (Policy 2.5; page 6-23) and medium- to low-intensity recreational facilities such as neighborhood parks, bike/hike trails and natural areas (Policy 2.6; page 6-23).  The proposed use is one of the recommended options for providing a transition from commercial to low-density residential neighborhoods.

 

Staff Finding  --  Zoning the property RM15 is in conformance with the recommendations of the comprehensive plan.

 

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 (Planned Commercial Development) and CS (Commercial Strip)] 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 between the commercial property and the subject 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) uses 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 Attachment B.

 

III.  CHARACTER OF THE AREA

The property 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

This area is shown as ‘office/public use’ on the Future Land Use map in Horizon 2020 (page 3-3). The plan explains that maps are a supportive part of the Comprehensive Plan but the foundation of the plan is the Goals and Policies. (Page 1-5, Horizon 2020) The Goals and Policies of the Comprehensive Plan indicate that higher-density residential development, low-intensity office, research and semi-public development, or parks/open space are acceptable transition land uses between commercial developments and the surrounding low-density residential neighborhoods. (Pages 5-28 and 6-23, Horizon 2020)

 

Land uses plans which were previously adopted for the southern area were considered out of date; therefore, the Planning Commission initiated the drafting of a revised Southern Development Plan. The plan has been considered and approved by both the City and County Commissions however the Commissions preferred differing land uses for a portion of the plan area; therefore the plan has not yet been adopted. The land use in question pertains to land north of W 31st Street, and does not affect the subject property or the adjacent lands.  The revised Southern Development Plan contains a land use map showing medium-density residential land uses in this area. The text of the Plan states that medium-density residential or residential/office uses would be appropriate south of W 31st Street. It also indicates that Traditional Neighborhood Design would be appropriate in this area when it becomes available. The draft Revised Southern Development Plan Land Use Maps are included in Attachment C.

 

Horizon 2020 states that Plans which have been adopted through a Comprehensive Plan process are considered Comprehensive Plan policy and take precedence over other policy found in Horizon 2020, unless specifically stated otherwise in the Plans. (page 14-1; Horizon 2020)  The Revised Southern Development Plan has not been officially adopted to date, but the recommendations for this area have been approved.

 

Staff Finding  --  The proposal is in compliance with recommendations for this particular area in the revised Southern Development Plan which has been recommended for approval, but not yet adopted.

 

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 areas.”

 

The subject property is zoned RS10 (Single-dwelling Residential) and A (Agricultural). Agricultural zoning allows for agricultural uses such as 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. Per the County Zoning Ordinances, 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 and approved for the annexation of the southern portion of the subject property.  Agricultural uses are suitable for the area until a development proposal has been approved.

 

The northern 11 acres of the subject property is within the City limits. When this portion was annexed into the City it was the practice to zone to RS-1, a low-density residential zoning district, as a ‘place-holder’ zoning district similar to the UR (Urban Reserve) District used today. With the adoption of the Land Development Code in 2006, the RS-1 zoning designation converted to RS10. Rezoning of this property in accordance with a development proposal did not occur until 2006 when the applicant submitted their first development proposal for The Exchange.  Low-density residential is not an appropriate land use adjacent to a high intensity commercial district.

 

Staff Finding  --  Agricultural uses on the portion of the property that lies outside the City limits are suitable until a development proposal has been approved and the property is annexed into the City. At that time a more appropriate zoning district must be established. The low-density residential zoning on the northern portion is not suitable in this location as a transitional land use is necessary adjacent to the commercial district to the west. Transitional uses such as medium-density residential, low-intensity offices or parks/open space are appropriate on the subject property.

 

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 is undeveloped and 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 applicant is requesting a rezoning to an appropriate transitional zoning district. The public comment received with the previous application indicated neighborhood concern with the increased traffic generation from the project and its impact on the intersection of Louisiana and W 31st Streets to the east and with the possibility of increased traffic on Louisiana Street into the City. (Previous public comment on this project is included in Attachment A.) The applicant’s traffic impact study indicated that the amount of traffic generated by a multi-dwelling residential development would have less impact on traffic than an office development. One reason given for that was that the peak hour travel times for students vary from that of typical businesses.  Until the future arterial to the east is built the traffic from the development will be steered toward Ousdahl Road. The development will house students and it is anticipated that most of the students would utilize Iowa Street to access the university.  A new park and ride lot has been established west of the intersection of Iowa Street and Clinton Parkway. The university has implemented a new policy restricting vehicular access to the campus, which may increase the use of the park and ride lot.  There may be some additional traffic at the intersection of W 31st and Louisiana Streets and on Louisiana Street, but it is not expected to be a significant increase.

 

The applicant has submitted a drainage study which was approved by the City Stormwater Engineer and will provide three detention ponds on the subject property. Stormwater runoff will not affect neighboring property owners.

 

Staff Finding – The development should serve as a transition from the commercial uses and should have little detrimental impact on neighboring properties. There will be additional traffic on W 31st Street, the intersection of W 31st and Louisiana Streets, and on Louisiana Street but it is not expected to be a significant increase as much of the traffic generated by the residents of the Exchange is anticipated to utilize Iowa..

 

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 the 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 land contiguous to the City.”

 

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.

 

The property would retain its agricultural uses and would serve as open space if the rezoning were denied.  The relative gain to the public health, safety and welfare would be that the traffic generated from the proposed development and the corresponding increase in traffic at the W 31st Street / Louisiana Street intersection would not occur. However, the intersection currently operates at a level of service of ‘F’ and the amount of traffic generated by the proposed development is not anticipated to have a significant impact on the intersection.  The Revised Southern Development Plan recommends medium density residential land use for this area. This rezoning request meets the recommendation of the Plan. Denial of this request would delay development of the area, but future rezoning requests that complied with the Revised Southern Development Plan would be possible.  The gain to the public health, safety and welfare would be a delay in increased traffic at the intersection of W 31st and Louisiana Street.

 

If the rezoning were denied the petitioner would be unable to develop urban uses on the property as proposed.

 

One of the goals of Horizon 2020 is to discourage sprawl by encouraging infill development or development within Service Area 1 of the Urban Growth Area (UGA) prior to other areas outside the City limits.  The subject property is within Service Area 1 of the UGA and the development of medium density residential facility in this area would meet the Growth Management recommendations in Horizon 2020. Approval of the rezoning request would allow development to occur in accordance with Growth Management recommendations in Horizon 2020.

 

Staff Finding  --  Denial of the rezoning request would prevent development of the property, which would eliminate additional traffic generated by the proposed development from impacting the intersection of W 31st Street and Louisiana Street. Approving the rezoning request would benefit the public health and welfare by encouraging development in areas that have been designated for growth in Horizon 2020; thereby not contributing to sprawl.

 

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 and Phase 2 is a multi-dwelling residential development which will be located on the southern portion of the property, south of the extension of W 33rd Street. The City Utilities Engineer has approved the applicant’s plan to construct a temporary pump station to route their sewerage to the southern sewer line as capacity is not available in the northern line. The development of the southern portion, Lot 1 Block Two and Lot 1 Block Three may require phasing dependent on sanitary sewer capacity.  Phasing will be a requirement of the preliminary plat, if capacity is not currently available for the southern portion of the development.

 

This property has been the subject of various rezoning requests and a history is provided in Attachment E. 

 

The Development Code requires that unplatted properties which contain environmentally sensitive features on more than 5% of the property must be developed through the Planned Development or Cluster Subdivision process. The applicant contacted an environmental consulting firm, Terracon, to conduct an environmental assessment of the property. Terracon determined that environmental features are not located on 5% of the property; therefore rezoning to the RM15 is an appropriate rezoning request.  The consultant’s report is included in Attachment D.

 

The rezoning request is in compliance with recommendations in Horizon 2020, and the Revised Southern Development Plan. The development may require phasing if the City Utility Engineer determines that sanitary sewer capacity is not available at this time for the development on Lot 1, Block Two or Lot 1, Block Three. This phasing would be a requirement of the preliminary plat. The rezoning should have minimum negative impact on the surrounding properties. It will provide a suitable transitional land use between the commercial uses on Iowa and the lower density residential uses to the east.  Public comment indicated concern with an expected increase in traffic at the Louisiana / 31st Street intersection and along Louisiana Street into the city. As much of the traffic with this development is expected to utilize Iowa Street to access campus and the travel patterns of students vary from general business traffic, the traffic generated from this development should not increase peak hour traffic at the Louisiana / 31st Street intersection.