PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

11/26/07

ITEM NO. 2A :    A TO OS; 6.673 ACRES; 31ST & OUSDAHL (MKM)

 

Z-10-24A-07: A request to rezone a tract of land approximately 6.673 acres, County A (Agriculture) to OS (Open Space). 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-10-24A-07] for 6.673 acres from County A (Agricultural) District to OS (Open Space) 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 agricultural land being annexed to the City that will remain open space.”

KEY POINTS

·         This property had been included in an earlier rezoning request to the UR (Urban Reserve) District.

·         The property being requested for rezoning contains a tree-lined intermittent stream.

·         The property being requested for rezoning will be designated on the Preliminary Plat as a tract, rather than a lot.

 

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 is agricultural land with wooded areas and a tree-lined stream corridor which is the subject of this rezoning request.

 

CONFORMANCE WITH HORIZON 2020

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

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

ANNEXATION

·         Planning Commission recommended approval of annexation request for 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 for 56.44 acres from A and RS10 to RM15; 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.

·         Approval of the revised preliminary plat of the Exchange at Lawrence, which is being considered by the Planning Commission during its Nov. 26, 20 07 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 land transfer for the pump station site accomplished prior to the issuance of building permits.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment has been received prior to the printing of this staff report.

 

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 November Planning Commission meeting.)

 

 To the west are three zoning districts: 

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

GPI (General Public and Institutional); post office;

PCD [Pine Ridge Plaza] District; 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 City Limits; Agricultural uses—row crops.  (A rezoning request to the RM15 District for 27.01 acres south of the subject property is being considered at the November Planning Commission meeting).

 

I.  CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

  “This tract is inside the Urban Growth Area.”

 

Growth Management Goal 1, Policy 1.3(b) recommends that property in Service Area 1 be required to annex prior to development. 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 Nine of the Comprehensive Plan contains recommendations regarding parks, recreation and open space areas.

 

Goal 4, Chapter Nine, Horizon 2020, Connectivity To, From, and Between Park, Recreation, and Open Space Areas and Facilities

 

Policy 4.4(a) Establish a greenbelt/greenway system along the Kansas River, Wakarusa River and local stream corridors and drainageways to encourage community connectivity and to preserve the natural processes of floodplains, drainageways and wildlife. This stream corridor extends to the property to the east and connects with the wetlands and floodplains.

 

Policy 4.4(b) encourages the integration of natural areas into the open space system to preserve the natural processes of such areas.

 

Goal 6, Chapter Nine, Horizon 2020, Maintain a Balance Between Natural and Built Environments.

 

Policy 6.1(a): Recommends the incorporation of floodplains and drainageways into the park, recreation, and open space system whenever possible to preserve and enhance the hydrological functions.  The tree-lined stream corridor provides hydrological functions and rezoning the property to the Open Space District will help preserve and enhance those features. The vegetated riparian area reduces erosion and helps prevent flooding.

 

Staff Finding  --  Zoning the area containing the wooded stream corridor to the OS (Open Space) District 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, A (Agricultural) zoning to the north with agricultural uses-row crops, 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 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. Holcom 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. The Goals and Policies of the Comprehensive Plan indicate that higher-density residential development or low-intensity office, research and semi-public development are acceptable transition land uses between commercial developments and the surrounding low-density residential neighborhoods. (Page 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 by the Commissions.

 

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 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 states that 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.

 

Staff Finding  --  The A District is intended to provide for a full range of agricultural activities and to prevent the untimely scattering of more dense urban development. As annexation has been requested and a development proposal submitted for this property, the A (Agricultural) District is no longer suitable. The property contains a tree lined stream corridor which will be protected with the OS (Open Space) zoning designation.

 

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

Applicant’s Response:

          “Agricultural land use since at least 1960’s.”

 

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:

“None. Remains open space.”

 

The applicant is requesting that approximately 6.7 acres of land be rezoned to OS (Open Space) District. The 6.7 acres currently contains a tree-lined intermittent stream corridor which is a component of the stormwater management system in the area. The applicant intends to allow this portion of the property to remain undeveloped and the OS zoning designation would accurately reflect, and insure, the open space use of the property.

 

Staff Finding – The rezoning will apply an appropriate zoning classification for the applicant’s intent to keep this portion of the property undeveloped. There will be no detrimental impacts on nearby properties from this rezoning.

 

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.”

 

Per Section 20-1101(d)(2)(iii) unplatted property with more than 5% of the land containing environmentally sensitive features, as defined by Code, must develop as a Planned Development or as a Cluster Subdivision. This property contains a tree-lined stream corridor, but the stream is an intermittent stream; therefore it is not considered an environmentally sensitive feature. The property also contains areas of trees, but the stands of mature trees do not make up more than 5% of the property; therefore it can develop as a standard subdivision.  The applicant intends to preserve the tree-lined stream corridor as a site amenity. Per Section 20-217(a)the Development Code, the OS Districts are intended to “preserve and enhance major open space and recreational areas by protecting the natural amenities they possess and by accommodating development that is compatible with those natural amenities”. The area being rezoned to OS will be designated as Tract A on the plat for the Exchange and will not be a buildable lot. The protection being provided by the rezoning and designation of Tract A will benefit the public health and welfare by preserving a feature that provides environmental and ecological benefits.  If the rezoning was denied, the applicant would request rezoning to the RM15 District which would not provide the protection for the environmentally sensitive features on the property. 

 

Staff Finding  --  Approving the rezoning request would benefit the public health and welfare by protecting a natural feature. Denial of the rezoning request would require the applicant to request a rezoning to the RM15 District with the surrounding portions of the subject 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 construct 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.

 

This property has been the subject of various rezoning requests and a history is provided in Attachment E.  The applicant originally proposed to develop the northern 25 acres of the subject property.  Right-of-way and easement issues in the southeast portion of the subject property were resolved with the Kansas Department of Transportation and the applicant now proposes to develop the entire property. When the rezoning request for the entire property was brought forward, Staff believed the property met the 5% threshold for environmentally sensitive properties that would require it to be developed as a Planned Development or as a Cluster Subdivision. The applicant’s consultant inventoried the property using the definitions of environmentally sensitive lands contained in the Development Code and determined that less than 5% of the property contains environmentally sensitive features. The consultant’s report is included in Attachment D. The applicant indicated that it was their intent to preserve the tree-lined corridor as a site amenity and proposed rezoning the corridor to the OS (Open Space) District to insure development would not occur. They have also indicated this area on the Preliminary Plat as Tract A, which is not a buildable parcel.  The amount of protection being provided for the tree-lined stream corridor exceeds that required by the Development Code and Staff recommends approval of the request.