PUBLIC HEARING ITEM:
ITEM NO. 9A: RS-1 TO M-2; 3.59 ACRES; 601 N. IOWA STREET, WEST OF NORTH IOWA (PGP)
Z-02-02-04: A request to rezone a tract of land approximately 3.59 acres from RS-1 (Single-Family Residential) District to M-2 (General Industrial) District. The property is generally described as being located at 601 N. Iowa Street. Submitted by Paul Werner Architects for Unified School District 497, property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use: RS-1 (Single-Family Residence); formerly Riverside
Elementary School, a public school no longer in use by the School District.
Surrounding Zoning and Land Use: M-2 (General Industrial) District to north, west and south; Developed with industrial uses.
A-(Agriculture) County District and PCD-2
(Planned Commercial) District to east; Developed
with residential and commercial uses.
RMD (Duplex Residential) District to the northeast; Undeveloped.
Reason for Request: Provide for a reuse of the property which would conform to the industrial/commercial uses in the area.
CRITERIA FOR EVALUATION
Per Section 20-1809, in the evaluation of a request for the rezoning of a property, the criteria for evaluation shall include, but not be limited to, the following 8 items:
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The property is adjacent to M-2 (General Industrial), PCD-2 (Planned Commercial), and A (Agriculture) Districts. The predominant uses of the property nearby are industrial and commercial.
II. CHARACTER OF THE AREA
Staff Finding –The property is located north of the Kansas Interstate 70 turnpike at the intersection of a Principal Arterial – N. Iowa Street, and a local street – Kresge Road. The area has a large amount of industrial uses with commercial truck traffic.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “The property is currently zoned RS-1, however the property/school has been vacant and available for several years and no development has taken place. The property is more suited to M-2 zoning, which is consistent with adjacent development.”
The subject property’s current zoning is RS-1 (Single-Family Residence) District. The subject property is no longer suitable for the existing RS-1 use. The applicant has also submitted a Preliminary Plat (PP-02-04-04) for the site, which is the next step in converting the elementary school to an industrial type use.
Access/Public Improvements
The site is located at the southwest corner of N. Iowa Street and Kresge Road. N. Iowa Street is a principal arterial. The Traffic Engineer and City Engineer recommended access be restricted from N. Iowa Street and the property should be limited to access from Kresge Road, a local street in an industrially zoned area.
There are existing municipal water line and sanitary sewer line connections to the property.
Staff Finding – In staff’s opinion, the property is no longer suitable for the existing RS-1 use. A rezoning to M-2 would be consistent with the existing industrial development in the area.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
In 1966, this area was outside the city limits. The requested rezoning area was zoned RS-1 (Single-Family Residence) District when it was annexed into the City. Prior to the annexation, the county designated zoning was A (Agriculture) District.
Staff Finding - The property was zoned RS-1 (Single-Family Residence) District, which was used as a holding zone for newly annexed lands, when it was annexed into the city.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “The proposed changes to the property in no way affect the nearby property owners. The proposed zoning is consistent with adjacent zoning and is consistent with Horizon 2020.”
Staff Finding – Removal of the restrictions and rezoning to an M-2 (General Industrial) District will not detrimentally affect nearby property, as it is predominately within a developed industrial/ commercial area. Reuse of the property will require site plan approval.
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: “There is a gain to the public in general by providing an avenue to reuse the existing structure for a new purpose rather than removing it. Required city services are currently provided at this location. There is no imposition on neighboring property owners by changing the zoning to the proposed M-2 zoning.”
Staff Finding The rezoning of the site to an industrial district of M-2, would provide a relative gain to the public health, safety, and welfare by providing for an adaptive reuse of a property within an industrial/commercial area.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “This eliminates an area of ‘Spot Zoning’ located in the City limits of Lawrence.”
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.
Chapter 7, Industrial Land Use
Goal 1: Established Industrial Area Development
Allow for the redevelopment of established industrial areas.
Goal 3: Criteria for Location of Industrial Development
3.1c Ensure that new industrial developments are concentrated in areas with similar compatible uses.
Staff Finding – The proposed request to M-2 would be consistent with the Industrial and Growth Management and Land Use Goals and Policies of the City’s Comprehensive Plan, Horizon 2020.
VIII. PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of the 3.59 acre area from RS-1 (Single-family Residential) District to M-2 (General Industrial) District and forwarding the recommendation to the City Commission based on the findings of fact listed in the body of the staff report and subject to the following condition:
- Approval of a final plat for the subject property.
Southwest Corner of N. Iowa Street and Kresge Road
February 2003 Aerial