PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

12/14/05

ITEM NO. 18:               C-5 TO RM-2; 3.13 ACRES; BETWEEN W. 6TH AND W. 7TH STREETS WEST OF IOWA STREET (MJL)

 

Z-10-68-05:  A request to rezone a tract of land approximately 3.13 acres from C-5 (Limited Commercial) District to RM-2 (Multiple-Family Residential) District.  The property is generally described as being located between W. 6th and W. 7th Streets east of Iowa Street (north half of 2001 and 2021 W. 6th Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning approximately 2.15 acres from the C-5 District to the RM-2 District, excluding Lot 1B (.480 acres of the northwest corner of the subject property), 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.

 

Reasons for Request:

 

To follow the recommendations of the HOP District Plan to zone property to the current use based on the neighborhood association task force study and recommendation.

 

KEY POINTS

  • RM-2 District zoning is consistent with the existing multi-family residential use.
  • The southern half of this property is currently zoned RM-2.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by a mix of residential uses and commercial uses.

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the C-5 District to the RM-2 District is consistent with several Horizon 2020 residential policies.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-10-69-05: RM-2 to RO-1B; 4.41 acres; north of W. 7th Street, west of Wisconsin Street

·         Z-10-70-05: RM-2 to RO-1A; 1.60 acres; between W. 7th and W. 6th Streets, east of Wisconsin Street

·         Z-10-71-05: RM-2 to RO-2; 2.27 acres; north of W. 7th Street, west of Florida Street

·         Z-10-72-05: RM-3 to RM-2; 2.19 acres; south of W. 7th Street, east of Wisconsin Street

·         Z-10-73-05: RM-3 to RS-2; .70 acres; north of the intersection of W. 8th Street and Avalon Road

·         Z-10-74-05: C-5 to RO-1; .84 acres; northeast corner of Florida and W. 7th Streets

·         Z-10-75-05: C-5 to RO-1A; 2.02 acres; northwest intersection of Michigan and W. 7th Streets, south of W. 7th Street between Michigan and Arkansas Streets

·         Z-10-76-05: C-5 to RM-3; 3 acres; southeast intersection of W. 7th Street and Lynch Court

·         Z-10-77-05: C-5 to RO-2; .51 acres; southwest corner of Michigan and W. 7th Streets

·         SP-11-78-95: Highpoint Apartments; SE corner 6th & Iowa

·         LS -12-11-98:  Lot 1, Replat of Lot 49, West Lawrence Addn. (Highpoint Apartments)

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  •  None Received

GENERAL INFORMATION

Current Zoning and Land Use:         

C-5 District; apartments (84 units), north half

 

RM-2 District; apartments (84 units), south half

 

Surrounding Zoning and Land Use:

 

         

C-5 District to the north; vacant property and office uses.

 

RS-2 (Single-Family Residential) District and C-5 District to the south; Single-family homes and a hotel respectively.

 

RS-2 District to the west; right-of-way and Centennial Park

 

C-5 District and RM-2 (Multiple-Family Residence) District to the east; Eagles Club and Dollar General.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The properties directly to the north are zoned C-5 and are vacant property and office uses.  The property to the south is zoned both RS-2 and C-5.  The RS-2 properties are developed with single-family homes.  The C-5 property is developed as the Best Western hotel.  The property to the west of the subject property, across Iowa Street, is zoned RS-2 and is developed as Centennial Park.  The properties to the east of the subject property are zoned C-5 and RM-2 and developed with Dollar General and the Eagles Club.

 

Staff Finding – The request is to rezone approximately 3.13 acres from the C-5 District to the RM-2 District. The subject property currently includes four apartment buildings and a lot identified in a site plan as a future commercial site. Staff is recommending the lot identified for future commercial development be removed from the rezoning request per a request from the property owner and based on the intent of the rezoning to bring properties into conformance with their existing use. The areas surrounding the subject properties are zoned C-5 District, RM-2 District and RS-2 District. As part of the HOP District Plan recommendations, the neighborhoods were to study the relationship of the land use and the zoning of the properties identified in the plan, which are included in the particular neighborhood association and located within the study area of the HOP District Plan.  The plan recommended that zoning be updated to reflect the current use.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a variety of densities of residential uses and commercial uses. The parcels directly surrounding the subject property are zoned for commercial and residential uses. The subject property acts like a transitional area between the single-family residential and the commercial uses along W. 6th Street.

 

 

 

 

 

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The subject property is currently zoned for commercial use. According to the City’s Zoning Ordinance, the C-5 District is “…designed to permit and encourage the grouping, in defined areas along highways, of certain retail activities and services intended primarily to service, and be dependent upon, the motoring public.” The minimum lot size for the C-5 District is 15,000 square feet and the C-5 district requires a minimum of 1,000 square feet per dwelling unit (43 units per acre) for residential development.

 

The request is to rezone the subject property to the RM-2 District, which requires a minimum lot area of 6,000 square feet and requires a minimum of 2,000 square feet per dwelling unit (21 units per acre) for residential development. The general purpose of the residence-office district is “…to provide areas for medium and high population density.”

 

Staff Finding – Currently the property is split; having two zonings.  The north half is zoned C-5 District and the south half is zoned RM-2 District.  The property has residential uses on it (168 units) and the northwest corner has been identified for future commercial use.  This property has an approved site plan dated 4-25-96, and is a relatively new development.  Redevelopment of this property to a different use, excluding the northwest corner, is not expected in the near future. This property, except for the northwest corner, has a very steep slope from W. 6th Street to where the existing structures are developed.  It would be very difficult to redevelop the existing apartments, in the future, as a commercial use because of visibility and access.  The RM-2 zoning would allow residential redevelopment subject to any additional applicable regulation in the Zoning Ordinance. 

 

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

 

Staff Finding - The north half of the property has been zoned C-5 District and the south half has been zoned RM-2 since the adoption of the 1966 City of Lawrence Zoning Ordinance.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding –The RM-2 District is more restrictive that the current C-5 zoning of the north half of the subject property.  These restrictions will be consistent with the remaining southern half of the property.  The use is not proposed to change in the near future and would not detrimentally affect the nearby properties. 

 

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 – If the property retains its C-5 District designation, it could redevelop with any of the following permitted uses, among others: retail stores, and automotive services (auto service shops, drive-thru restaurants).

 

With the rezoning of this property to the RM-2 District, the entire apartment development will be zoned residentially, consistent with the existing use. Approval of the rezoning request, less the northwest corner, will protect the public health, safety, and welfare by ensuring that high-traffic commercial uses will not filter into the neighborhood.  It will maintain an appropriate transitional area between the commercial, highway, and low and medium-density residential uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located south of W. 6th Street and east of Iowa Street. The following Horizon 2020 goal and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

GOAL 6:      Compatible Transition from Low-Density Residential Development to More Intensive Land Uses (Page 5-19)

                     Policy 6.2:  Higher-Density Residential development as Transitional Use (5-20)

 

Medium –and Higher-Density Residential Land Use

GOAL 3:  Compatible Transition from Medium and Higher Density Residential Development to both More Intensive and Less Intensive Land Uses (Page 5-25)

                     Policy 3.1:  Use Appropriate Transitional Methods (Page 5-25)

                     Policy 3.2:  Medium-Density Residential Development as Transitional Use (Page 5-26)

         

Staff Finding – The rezoning conforms to several Horizon 2020 policies related to higher-density residential uses. This property will act as a buffer between the commercial and lower-density residential uses.  The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to update the zoning of the area to match the current use.  The subject properties’ rezonings will allow for the appropriate transitions in the area between uses.  This will help to keep the commercial to the existing sites.

 

 

STAFF REVIEW

The subject property is located south of W. 6th Street and east of Iowa Street. Without a residential zoning for the subject area, the property retain the redevelopment potential for large commercial uses on the 3.13 acres of commercial district zoning.  The split zoning creates uncertainty for the remaining residentially developed south half of the property and the properties directly south that are residentially zoned. The proposed zoning will be consistent with the current use and allows redevelopment as a residential use subject to any applicable regulations in the Zoning Ordinance.  It is reasonable to exclude the .48 acre lot at the northwest corner of the subject property as it was retained for commercial use to serve the apartment complex.  It is important to note that this zoning request conforms to several Horizon 2020 policies.