PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

12/14/05

ITEM NO. 20:               RM-2 TO RO-1A; 1.60 ACRES; BETWEEN W. 7TH AND W. 6TH STREETS EAST OF WISCONSIN STREET (MJL)        

 

Z-10-70-05:  A request to rezone a tract of land approximately 1.60 acre from RM-2 (Multiple-Family Residential) District to RO-1A (Residence-Office) District.  The property is generally described as being located between W. 7th and W. 6th Streets, east of Wisconsin Street (1618-20-22-24, 1610-12-14-16, 1602-04-06-08, and 1617-19-23-25 W. 6th Terrace).  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 1.60 acres from the RM-2 District to the RO-1A 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.

 

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

  • RO-1A District zoning is consistent with the currently developed residential density.
  • The RO-1A zoning allows the same density as the RM-2 District while allowing the development of professional office uses.

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 RM-2 District to the RO-1A District is consistent with several Horizon 2020 residential policies.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-10-68-05: C-5 to RM-2; 3.13 acres; between W. 6th and W. 7th Streets, east of Iowa Street

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

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  •  None Received

GENERAL INFORMATION

Current Zoning and Land Use:         

RM-2 District; 4-plexes

 

Surrounding Zoning and Land Use:

 

         

C-5 District to the north; restaurant, offices

 

RS-2 (Single-Family Residential) District and RM-2 District to the south; Single-family homes and duplexes respectively.

 

RM-2 District and C-5 District to the west; vacant lot

 

RM-2 District and C-4 (General Commercial) District to the east; duplex (RM-2), cleaners, bookstore, office

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The properties directly to the north of the subject properties are zoned C-5 and are developed with a restaurant and offices.  The properties to the south are zoned RS-2 and RM-2.  The property zoned RS-2 is developed with a single-family home and the properties zoned RM-2 are developed with two duplexes. The property to the west of the subject properties is zoned RM-2 and is vacant.  The properties to the east of the subject properties are zoned RM-2 and C-4.  The property zoned C-4 is developed with commercial uses (dry cleaners, bookstore, and office).  The property zoned RM-2 is developed with a duplex.

 

Staff Finding – The request is to rezone approximately 1.60 acres from the RM-2 District to the RO-1A District. The subject properties currently include four 4-plexes. The areas surrounding the subject properties are zoned C-5 District, C-4 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, office uses, and commercial uses. The parcels directly surrounding the subject property are zoned for commercial and residential uses. The subject properties act as an appropriate transition between the commercial uses along W. 6th Street and single-family residential along W. 7th Street.

 

 

 

 

 

 

 

 

 

 

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

 

The subject property is currently zoned for multiple-family residential use. According to the City’s Zoning Ordinance, the RM-2 District, 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.”

 

The request is to rezone the subject property to the RO-1A 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 primarily provide mixed use areas for professional offices, medical, and dental clinics and similar types of uses that are compatible with and can be located adjacent to or in combination  with single, duplex, or multiple-family residential uses without undue harmful effects to the residential uses.”

 

Staff Finding – Currently the properties are zoned RM-2 and developed with four 4-plexes. The RO-1A zoning would allow residential redevelopment up to 21 units per acre and/or professional office uses, subject to any additional applicable regulation in the Zoning Ordinance.  The RO-1A District is more suitable base on its purpose statement than the RO-2 District is for these properties which forms a transition between W. 6th Street commercial and the Hillcrest neighborhood.

 

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

 

Staff Finding - The subject properties have 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 RO-1A District allows the same residential density as RM-2 District in addition to professional office uses.  The proposed zoning would permit appropriate transitions between the commercial along W. 6th Street and the residential on the south side of W. 7th Street.  The proposed zoning 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 -The proposed RO-1A zoning will retain the same maximum density allowed in the current RM-2 zoning but will add additional uses for future redevelopment of profession offices in addition to residential.  Approval of the rezoning request will protect the public health, safety, and welfare by ensuring that high-traffic commercial uses will not filter into the neighborhood but multiple-family residential and/or office will maintain an appropriate transition between the commercial, highway, and residential uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located north of W. 7th Street and east of Wisconsin Street. The following Horizon 2020 goal and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

 

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 medium and higher-density residential uses. These properties act as a transition 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 the commercial uses along W. 6th Street and single-family residential along W. 7th Street. 

 

 

STAFF REVIEW

The subject property is located north of W. 7th Street and east of Wisconsin Street. As previously stated, land uses surrounding the property include single-family homes, a restaurant, office uses, commercial uses, and duplexes. The proposed zoning will be consistent with the current use and will allow redevelopment as a residential use and/or a professional office use, subject any applicable regulations in the Zoning Ordinance. It is important to note that the application conforms to several Horizon 2020 policies.