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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
12/12/05
ITEM NO. 10A: M-3 TO M-2; 0.1 ACRE; 720 GRANT STREET (LAP)
Z-10-66-05: A request to rezone a tract of land approximately 0.1 acre (4,577 square feet) from M-3 (Intensive Industrial) District to M-2 (General Industrial) District. The property is generally described as being located at 720 Grant Street. This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan. Submitted by the City of Lawrence, property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 0.1 acre from the M-3 District to the M-2 District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, subject to the following condition: 1. Filing of the final plat at the Register of Deed’s Office. |
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Reason for Request: |
To construct Lawrence Pump Station #3 in North Lawrence. |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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ASSOCIATED CASES/OTHER ACTION REQUIRED · UPR-10-11-05: Use Permitted upon Review request for Lawrence Pump Station #3, located at 720 Grant Street. · PF-10-41-05: Final Plat for Lawrence Pump Station #3, a Replat of Lot 1, Block 4 and part of vacated Perry Street of Smith’s Subdivision, and part of Lot 14 in Simpson’s Central Subdivision, 7th Addition in North Lawrence. · UPR-10-09-05: Use Permitted upon Review request for Lawrence Pump Station #1, located at 301 North Street. · UPR-10-10-05: Use Permitted upon Review request for Lawrence Pump Station #2, located at 570 Walnut Street. · City Commission approval is required.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
M-3 (Intensive Industrial) District; undeveloped property.
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Surrounding Zoning and Land Use:
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M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the north and south; single-family homes and light industrial uses.
M-2 (General Industrial) District to the west; single-family homes and undeveloped property.
M-3 and RM-D District to the east; multi-family homes. |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
Staff Finding – The properties to the north and south are zoned M-2 and M-3 Districts, while the properties to the west are zoned M-2 District. M-3 and RM-D Districts exist to the east of the subject area. Light industrial uses, as well as single-family and multi-family uses, surround the property.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located in North Lawrence, northwest of Grant Street. The area is characterized by a mix of residential and light industrial uses.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned for intensive industrial use. The minimum lot area for M-3 properties is 20,000 square feet. According to the city’s Zoning Regulations, the M-3 District “…is designed to accommodate the manufacturing and industrial activities which involve more objectionable influences and hazards.”
The applicant is proposing to rezone the property to the M-2 (General Industrial) District, which requires a minimum lot area of 5,000 square feet. The city’s Zoning Regulations state, “This district is designed to accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of medium intensity. The M-2 District regulations are intended to permit such activities, subject to limitations that will protect nearby residential and commercial districts and will insure that permitted uses are compatible with one another.”
Staff Finding – The parcel on which Lawrence Pump Station #3 is to be located includes M-2 and M-3 District zoning. The subject rezoning application is necessary to provide consistent zoning for the entire parcel. A uniform zoning of M-2 District provides ease in administration of zoning requirements and results in a less intense zoning of the property, which is adjacent to residential uses. Additionally, the subject lot size of 9,761 square feet is substandard for the
M-3 District minimum lot size requirement of 20,000 square feet. However, the lot does meet the M-2 District lot size requirement of 5,000 square feet. The proposed use of a pump station is allowed in all districts with the approval of a UPR application.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property is currently undeveloped and has been zoned M-3 District since the adoption of the Zoning Ordinance in 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – As the subject application proposes rezoning property from an intensive industrial zoning district (M-3 District) to a general industrial district (M-2 District), approval of the request should not detrimentally affect nearby property. The area includes a mixture of residential, commercial, and industrial uses. New site lighting will be shielded to prevent off-site glare and landscaping has been added to soften the appearance of the pump station. Staff recommends additional landscaping be added, however, at the site’s southwesternmost corner and along its eastern edge to further buffer the use from neighboring residential properties. This recommendation is included with the associated UPR application.
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
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Staff Finding – With approval of the rezoning request, the entire parcel will include one zoning designation, which will allow for development of the parcel for a pump station. The gain to the public is an improved sanitary sewer system for a portion of North Lawrence. An M-2 District zoning is preferable to an M-3 zoning for this area due to the adjacency of residences.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
As pump stations are permitted in all zoning districts with an approved UPR application, the plan’s goals and policies related to industrial zoning are not pertinent to the rezoning application. The following Horizon 2020 goals and policies related to community facilities support the rezoning application:
CHAPTER TEN – COMMUNITY FACILITIES
“The nature of public and semi-public uses and the fact that they are permitted in residential areas makes it difficult to identify all appropriate sites. The plan therefore considers areas shown for the various residential categories as appropriate for many public and semi-public uses, provided access and buffering are considered in their location." (page 10-1)
STRATEGIES: UTILITIES
· “Plans should emphasize utility improvements and extensions that provide the highest level of service within existing service areas, particularly public water and wastewater treatment and collection.”
· “The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.” (page 10-10)
COMMUNITY FACILITIES GOALS AND POLICIES
GOAL 1: Provide Facilities and Services to Meet the Needs of the Community (page 10-15)
Policy 1.1: Maintain Existing Facilities
GOAL 2: Criteria for the Location of Community Facilities (page 10-16)
Policy 2.4: Utilize Locational Criteria for Utility Structures
Staff Finding – The development of a pump station on the subject site is consistent with Horizon 2020 goals and policies related to site buffering and adaptive reuse of existing facilities. An existing on-site pump station will be decommissioned with the installation of the new pump station.
STAFF REVIEW
The application conforms with several Horizon 2020 goals and policies related to community facilities.