PLANNING COMMISSION REPORT

PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

04/21/08

ITEM NO. 6B: UR TO RM15; 20.92 ACRES; S OF OVERLAND DR BETWEEN STONERIDGE DR & QUEENS RD (MKM)

Z-02-07B-08: A request to rezone a tract of land approximately 20.92 acres from UR (Urban Reserve) to RM15 (Multi-Dwelling Residential). The property is located S of Overland Dr between Stoneridge Dr & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.

1. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request for 20.92 acres from UR (Urban Reserve) 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 land is currently zoned UR to provide a ‘placeholder’ classification for newly annexed land. The current UR zoning classification makes it necessary to zone the property for an intended use.”

KEY POINTS

· This rezoning request is part of a development proposal which includes 6.99 acres of RM12 multi-dwelling development, 7.23 acres of Neighborhood Commercial Development and 5.669 acres of Commercial-Office Development.

· The property is currently unplatted and a Preliminary Plat [PP-10-09-07] was submitted concurrently with this rezoning request.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

· The area is primarily undeveloped, but development proposals have been submitted and Preliminary Plans have been approved for a Community Commercial Center (C400) to the west. A residential subdivision has been platted to the west of the subject property which has not yet been developed.

CONFORMANCE WITH HORIZON 2020

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

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Planning Commission approval of preliminary plat [PP-10-09-07] which was submitted concurrently with this rezoning and is also being considered at the April meeting.

· Planning Commission approval of associated rezonings [Z-02-07A-08: 6.99 acres from UR to RM12; Z-01-07C-08: 7.23 acres from UR to CN2 and Z-01-07D-08, 5.669 acres from UR to CO] which were submitted concurrently with this rezoning and are also being considered at the April meeting.

· City Commission approval of zoning requests and publication of zoning ordinances.

· City Commission acceptance of easements and rights-of-way on the Preliminary Plat.

· Planning Director approval of the Final Plat.

· Submittal and approval of Public Improvement Plans.

· Recording of the Final Plat with the Douglas County Register of Deeds.

· Submittal and administrative review of site plan for multi-family development.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· No public comment has been received prior to printing this Staff Report.

GENERAL INFORMATION

Current Zoning and Land Use:

UR (Urban Reserve) District; crop land and undeveloped woodland which has recently been clearcut.

Surrounding Zoning and Land Use:

To the west:

RM12D (Multi-dwelling Residential) District which is limited to duplex development; This property has been rezoned and platted as the Oregon Trail Addition but has not yet been developed; and

GPI (General Public and Institutional Use) District; City Water Tower is planned for this location.

To the east:

RM12 (Multi-dwelling Residential) District; multi-dwelling residences; and,

UR (Urban Reserve) District; single family homes

To the north:

UR (Urban Reserve) District; A rezoning request to the RM12 (Multi-Dwelling Residential) has been submitted as part of this development proposal

To the south:

UR (Urban Reserve) District; additional property under the same ownership which has a rezoning request to the CN2 (Neighborhood Commercial Center) and the CO (Commercial Office) District. Property was undeveloped woodland which has recently been clearcut.

I. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

“The Comprehensive Plan indicates that medium density residential sites should, ‘….occupy transitional locations between single-family neighborhoods and office/commercial areas.’ (p, 5-5) This proposed RM15 zoning complies by providing the 7 to 15 dwelling units the Comprehensive Plan prescribes. This requested zoning designation also provides the transition between commercial uses to the south and the lower density residential uses to the north.”

The Comprehensive Plan defines residential developments with 7 to 15 units per acre as ‘medium density’. This land use category is recommended for development along major roadways, near high intensity activity areas, and when adjacent to natural amenities in the form of cluster development. Most of the recommended sites occupy transitional locations between single-family neighborhoods and office/commercial areas; or near large open space or natural areas. (pages 5-4 and 5-5).

Horizon 2020 recommends that development proposals be reviewed for compatibility with existing land uses. (Goal 1: Policy 1 Residential Land Use Goals and Policies for Medium- and Higher- Density Residential Land Use ) and that medium density developments be arranged in small clusters as transitions from more intensive land uses, or located at the intersection of major street/roads.

Staff Finding -- The rezoning requested conforms with several Horizon 2020 policies related to the location of medium--density residential development.

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

Property to the west of the subject property is zoned RM12D, for duplex development; GPI, for a City water tower; and RS10, with a church. Property to the north had a development proposal for single family and duplex residences and zonings of RS7 and RM12D approved. The plat, Loges Addition, expired; therefore the zoning remains UR (Urban Reserve) and the land remains in agricultural uses. Further to the north is an area zoned RM12-PD for a proposed development, The Links at Lawrence, with preliminary approval of a multi-dwelling residential development and golf course with density limited to no more than 6 units per acre. Property to the east is zoned RM12 and developed as multi-family residential and existing parcels along Queens Road that are zoned UR. To the south, is property under the same ownership which has commercial rezoning requests being considered concurrently with this rezoning and across W 6^th Street is property zoned PRD with a maximum density of 12 units per acre which has duplex and 8-plex units under construction (Aberdeen on 6^th).

Staff Finding -- The surrounding properties are zoned for residential purposes or have not yet been rezoned for urban development. The properties which have been zoned for multi-dwelling residential development are zoned for a density of 12 units per acre, either as multi-dwelling facilities or as duplex development.

III. CHARACTER OF THE NEIGHBORHOOD

Applicant’s response:

“The subject area is presently undeveloped or only partially developed. The proposed RM15 zoning is surrounding by GPI and RM12D on the west, RM12 on the north, RM12 and UR on the east and proposed CO zoning to the south. This proposed zoning will allow necessary and somewhat unique residential stock to the area, providing and/or complimenting effective transition to the surrounding lower density housing.”

The area is in transition at this time, as several development proposals have been approved for nearby properties. A City water tower is to be constructed on the property to the west. The area is near the intersection of the K10 Bypass and W 6^th St/Hwy 40. A Commercial Community Center has been approved for the north and south corners of this intersection. Commercial developments, Wal-Mart store and Bauer Farms, have been approved for properties to the east. Land retaining its UR (Urban Reserve District) is scattered throughout the area and either contains rural residences or is undeveloped.

Staff Finding -- The area contains W 6^th Street, which is a State Highway, and the intersection of W 6^th and K-10 Bypass. This is a high traffic area which is currently undeveloped, but commercial development has been preliminary approved at the intersection of W 6^th Street and K-10 Bypass and to the east of the subject property. The area is in transition as the development plans continue through the process and development proposals are submitted for the property which retains its UR zoning.

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

Northwest Plan

The subject property is contained within the planning area of the Northwest Plan. The Plan included land within Sections 20, 21, 28, and 29 and the subject property is located in the southeastern portion of Section 29. The Northwest Area Plan recommends a mix of multi-family and office uses in this location The Northwest Plan also recommends a downward grading of land use intensity as development approaches the northern section lines of sections 28 and 29, where the presence of woods and slopes is greatest, and where a very-low density residential land use would best be applied. (figure 2)

“Further south, in the central portions of sections 28 and 29, conventional single family residential is planned. Multiple family residential land uses (duplex through multi-unit apartments) is primarily planned only in the southern portions of sections 28 and 29. Multiple family land use in the context of this plan should be limited to medium density, 15 dwelling units per acre, or lower. Multiple family adjacent to single family land use should be of the lowest density multifamily, such as duplex townhomes. (Page 6, Northwest Area Plan)

The medium density multi-family use would serve as a transition from the recommended office/multi-family use on W 6^th or the requested commercial use and the lower density residential development recommended to the north. Horizon 2020 recommends clustered developments of medium and higher density residential development near high activity areas. The intersection of W 6^th Street and the K-10 Bypass along with the pending Community Commercial Center will make up a ‘high activity’ area. Mercato to the west contains 11.74 acres which is zoned RM24 (24 units per acre) and Oregon Trail, directly to the west of the subject property contains a 10.26 acre multi-dwelling lot which is zoned RM12 (12 units per acre). This rezoning request is for a 20.92 acre area to be zoned RM15. This area is larger than the other medium-density multi-dwelling (non-duplex) developments. The area would provide transition from a residential/office development, as recommended by the Northwest Plan or, if the associated rezoning were approved, a commercial and commercial-office development.

Staff Finding -- The proposal is for multi-dwelling residential uses at a maximum density of 15 units per acre, which is recommended for the southern portion of Section 29 by the Northwest Plan. The size of the multi-family development is larger than others in the area, but would create a variety in lot size and development styles within the area.

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

Applicant’s Response:

“The existing UR zoning/restrictions is/are unsuitable for the proposed uses prescribed or suggested within the Comprehensive Plan.”

The UR (Urban Reserve) District is a special purpose district which the Development Code states is 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. The only principal uses allowed in the UR District are crop agriculture and any lawful uses in existence immediately prior to annexation. Rezoning is necessary for the property to be used in any other manner. As infrastructure and community services are available and a development proposal has been submitted, the UR District is no longer appropriate for this property.

Staff Finding -- The property as zoned would allow for only crop agriculture. Given the proximity to other residential development, Highway 40 or W 6^th Street and the K-10 Bypass, and the submittal of a development proposal the zoning of UR is no longer appropriate.

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

Applicant’s Response:

“The property has remained vacant with the UR zoning classification since the Lawrence Development Code was adopted in July 2006.”

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:

“Because adequately designed perimeter streets will separate the subject land from nearby properties, and because the outlying area is developed or developing in general conformance with the Comprehensive Plan, surrounding properties will not be adversely affected by approving the RM15 zoning for this site.”

The rezoning request would permit multi-dwelling residential development north of W 6^th Street which is in keeping with the established development pattern of the area. The maximum density of this development would be slightly higher than that of the surrounding properties. 15 units per acre would be permitted on the subject property compared to the 12 units per acre on the properties to the east and west. The City Engineer stated that the Traffic Impact Study indicated that a right-turn lane would be required for Stoneridge Drive onto Kelly Drive and a left-turn lane would be required for Queens road onto Kelly Drive.

Staff Finding – The development will not create any detrimental impact to the nearby neighborhood by way of stormwater drainage, or traffic impacts with the installation of the required turn lanes.

VIII. THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT OF THE DENIAL OF THE APPLICATION

Applicant’s Response:

“Increased housing alternatives and services, maintenance of presently undeveloped property and the extension of infrastructure to the subject area will also serve to increase tax revenues, benefiting public health, safety, and welfare. Denial of the application would prohibit said benefit.”

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. If the rezoning request were not approved, the land would remain as agricultural crop-land, pending a revised development proposal. Approval of the rezoning request would provide the intial steps necessary for development. The requested rezoning is compatible with the zonings in the area with the surrounding zonings being low density single-dwelling and medium density multi-dwelling districts. However, the density being requested is higher than that of surrounding properties (15 units per acre compared to 12) and is for a larger area, which may impact the character of the neighborhood and result in higher levels of traffic through the neighborhood than would be generated with lower density development. Compatible transition from medium-density to lower-density residential land uses is recommended by Horizon 2020 and would be provided at the site planning stage. The Engineer has required turn lanes into the development to resolve any impacts associated with the increased traffic.

Staff Finding – Approval of this rezoning request would permit a medium-density development which is larger than other residential developments in the area, or approved in the area, to occur which may impact the surrounding neighborhood visually. Appropriate transitional methods and compatible design would be determined during the site planning phase. If the rezoning is approved turn lanes must be constructed which will reduce the impact of the additional traffic. Denial of this rezoning request would prohibit urban development at this time, pending a revised development proposal.

IX. PROFESSIONAL STAFF RECOMMENDATION

Staff Review

The subject property is located adjacent to property which has been zoned for multi-dwelling residential uses and property which remains zoned UR (Urban Reserve) pending development proposals. The applicant’s response indicated that the rezoning would serve as a transition from the proposed commercial zoning on the southern portion of the property and the adjoining properties. RM15 is a medium-density residential district which is recommended by the Comprehensive Plan as a transitional residential district. However, in Staff’s opinion the rezoning request for the southern portion of the property to the CN2 (Neighborhood Commercial Center) District is not in compliance with the Comprehensive Plans recommendations. The Northwest Plan recommends an Office/Multi-dwelling Mix at this location and recommends that commercial development occur only at specified nodes along W 6^th. The RM15 Zoning District would serve as a transitional zoning between an Office/Multi-dwelling District such as the RMO (Multi-dwelling Residential-Office) District and the lower density development which is recommended to the north by the Comprehensive Plan. Horizon 2020 recommends the integration of higher-density residential development through compatible design.

Figure 1 shows the residential zoning in the area, both existing and pending. The increase in density is indicated by the higher letter in the alphabet and the corresponding darker color.

The predominate residential zoning in the area at this time is the RS7 Zoning District, which allows low density, single-dwelling residences. The red figures in Figure 1 indicate approved Commercial development in the area, and transitional medium density residential zoning has been approved adjacent to these areas. The commercial area near the South Lawrence Trafficway is surrounded by medium and higher densities zonings with the majority being RM12 Zoning and some RM12D (duplex only) districts and a cluster of RM24 Zoning adjacent to the South Lawrence Trafficway, as recommended by the Northwest Plan.

The Northwest Plan recommends ‘grading’ the density of development from more intense along W 6^th Street to low density residential in the north portion of Section 29.

A Rezoning application [Z-10-25A-07] had previously been submitted for this property to rezone 27.90 acres from UR to the RM15 Zoning District. Staff had recommended denial based on the area being included in the RM15 Zoning request and had suggested that a smaller area be zoned RM15 to allow the gradation of zoning intensities from south to north as recommended in the Northwest Plan and to integrate with surrounding lower-density neighborhoods as recommended in Horizon 2020.

The applicant reduced the size of the area being requested for rezoning to the RM15 District from 27.90 to 20.92 acres, a reduction of approximately 22%. An accompanying rezoning request has been submitted for the northern remainder of the property (6.98 acres) to be rezoned to the RM12 District.

Staff Finding -

Based on the compliance with the recommendations in the Northwest Plan and Horizon 2020 and the reduced area being requested for rezoning; Staff recommends approval of the rezoning request.

C***

C

A

A

E

D***

B

B

B

A

A

A

C

C

C

E

C

C

A