PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

12/14/05

ITEM NO. 25:               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 (MJL)      

 

Z-10-75-05:  A request to rezone a tract of land approximately 2.02 acres from C-5 (Limited Commercial) District to RO-1A (Residence-Office) District.  The property is generally described as being located at the northwest intersection of Michigan and W. 7th Streets, and south of W. 7th Street between Michigan and Arkansas Streets (615, 639, 645, and 647 Michigan; 705 Arkansas).  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 2.02 acres from the C-5 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 current developed residential uses.
  • The RO-1A zoning allows a density of 21 units per acre in addition to 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 C-5 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-10-70-05: 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-10-76-05: 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:         

C-5 District; western two properties, 5 unit complex, triplex; eastern property, triplex

 

Surrounding Zoning and Land Use:

 

         

C-5 District to the north; apartment (16 units), bar

 

RM-2 District (Multiple-family residential) District and C-5 District to the west; single-family home, apartment complex (26 units), office (vet)

 

RM-2 District and C-5 District to the east; apartment complex (40 units), duplex

 

C-5 District and RS-2 (Single-family residence) District to the south; apartment complex (72 units), single-family home

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly to the north of the two western subject properties is zoned C-5 and is developed with an apartment building.  The property to the south of the two western properties is zoned C-5 and is developed with an apartment complex (proposed to be rezoned to RM-3 District).  The properties to the west of the two western subject properties are zoned C-5 and RM-2.  The abutting property zoned C-5 is developed with an apartment complex (proposed to be rezoned to RO-1) and the property zoned RM-2 is a single-family home (proposed to be rezoned to RO-2).  The property directly east of the two western subject properties is zoned RM-2 and is developed as an apartment complex. 

 

The property to the north of the eastern subject property is zoned C-5 District and is developed with a bar.  The property to south of the eastern subject property is zoned RS-2 and is developed with a single-family home. The property to the west of the eastern property is zoned C-5 and is developed as a vet office (proposed to be rezoned to RO-2). The property to the east of the eastern subject property is zoned C-5 and is developed with a duplex.

 

Staff Finding – The request is to rezone approximately 2.02 acres from the C-5 District to the RO-1A District. The subject properties are currently developed with a five unit complex, and two triplexes.  The areas surrounding the subject properties are zoned C-5 District, RS-2 District, and RM-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 property acts like a transition between lower-density residential and the commercial uses along W. 6th Street and W. 7th Street.

 

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

 

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

 

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 C-5 developed with a five unit complex and two triplexes. The RO-1A zoning would allow residential redevelopment up to 21 units per acre while also allowing professional office uses, subject to any additional applicable regulation in the Zoning Ordinance.  The RO-1A District is more suitable, based on its purpose statement, than the C-5 District is for this property, which forms a transition between the W. 6th and W. 7th Streets commercial uses and the lower-density residential uses to the south.

 

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

 

Staff Finding - The subject properties have been zoned C-5 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 is consistent with the existing development but is more restrictive as far as residential densities than the current zoning.  The proposed zoning allows residential and professional office uses.  The proposed zoning would allow an appropriate transition between the commercial along W. 6th and W. 7th Street and adjacent residential.  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 – If the property retains its C-5 District designation, it could redevelop with a residential density of 43 units per acre and a variety of high-density, auto orientated commercial uses.  The proposed RO-1A zoning will lower the permitted residential density while offering options for future redevelopment of profession offices.  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 a transition between the commercial, highway, and lower-density residential uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located at the northwest intersection of Michigan and W. 7th Streets, and south of W. 7th Street between Michigan and Arkansas Streets. 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 medium and higher-density residential uses. This property will act as transition between commercial and 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 residential along W. 7th Street and the residential uses to the south. 

 

 

 

 

 

STAFF REVIEW

The subject property is located at the northwest intersection of Michigan and W. 7th Streets, and south of W. 7th Street between Michigan and Arkansas Streets. As previously stated, land uses surrounding the property include single-family homes, commercial uses, and multiple-family residential. The proposed zoning will be consistent with the current use and 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.