PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

12/14/05

ITEM NO. 26:               C-5 TO RM-3; THREE ACRES; SOUTHEAST INTERSECTION OF W. 7TH STREET AND LYNCH COURT (MJL)        

 

Z-10-76-05:  A request to rezone a tract of land approximately three acres from C-5 (Limited Commercial) District to RM-3 (Multiple-Family Residential) District.  The property is generally described as being located at the southeast intersection of W. 7th Street and Lynch Court (1407, 1411, 1421, and 1431 W. 7th 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 three acres from the C-5 District to the RM-3 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

  • The RM-3 district is consistent with the current use and current density.
  • The RM-3 district allows development of same residential density as the current use.
  • The proposed zoning is consistent with Horizon 2020 policies.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

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

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the C-5 District to the RM-3 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-10-75-05: 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-10-77-05: C-5 to RO-2; .51 acres; southwest corner of Michigan and W. 7th Street

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  •  None Received

GENERAL INFORMATION

Current Zoning and Land Use:         

C-5 District; apartment complex (72 units)

 

Surrounding Zoning and Land Use:

 

         

C-5 District to the north; triplex

 

RS-2 District to the south;  vacant

 

RM-3 District to the west; apartment complex (67 units)

 

C-5 District and RM-D (Duplex Residential) District to the east; vet office, single-family homes and duplexes.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly north of the subject property is zoned C-5 District and is developed with a triplex.  The property to the south of the subject property is zoned RS-2 and is vacant. The property to the west of the subject property is zoned RM-3 and is developed with an apartment complex. The properties to the east of the subject property are zoned C-5 and RM-D.  The property zoned C-5 is developed with a vet office and the properties zoned RM-D are developed with single-family homes and duplexes.

 

Staff Finding – The request is to rezone approximately three acres of property from the C-5 District to the RM-3 District. The subject property is currently developed with an apartment complex.  The areas surrounding the subject property is zoned RS-2 District, C-5 District, RM-D District, and RM-3 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.  As part of the recommendations of the plan, it was recommended to zone property to their current use.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a variety of densities of residential and commercial uses. The parcels directly surrounding the subject property are zoned for a low and high-density residential uses and commercial uses.

 

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, 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 RM-3 District, which requires a minimum lot area of 6,000 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 multiple-family residential district is “…to provide areas for medium and high population density.”

Staff Finding – Currently the property is zoned C-5 and developed with an apartment complex. The RM-3 zoning would allow residential redevelopment up to 43 units per acre, subject to any additional applicable regulation in the Zoning Ordinance.  The RM-3 District is more suitable for this property because of the current use and density.  The RM-3 District will allow the same residential density as the C-5 District while restricting the possibility of redevelopment of high traffic commercial uses.

 

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

 

Staff Finding – The subject property has 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 RM-3 District is the same as far as residential densities (up to 43 units per acre) as the current zoning but does not allow commercial or office uses.  The proposed zoning would allow zoning to the current use and protect the neighborhood from high traffic commercial uses that the current C-5 District allows.  The proposed zoning would not detrimentally affect the nearby properties by maintaining a buffer between high-density residential and lower-density residential uses in the neighborhood.

 

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 RM-3 zoning maintains the same allowed residential density.  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 higher-density and lower-density residential uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located southeast of the intersection of W. 7th Street and Lynch Court.  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)

                    

Staff Finding – The rezoning conforms to Horizon 2020 policies related to medium and higher-density residential uses. The rezoning will help to protect the character of the neighborhood by protecting its current residential uses and act as transition between high and low-density residential uses with a back-to-back relationship.

 

 

STAFF REVIEW

The subject property is located at the southeast intersection of Lynch Ct. and W. 7th Street. As previously stated, land uses surrounding the property include single-family and multiple-family residential. The proposed zoning will be consistent with the current use and allow redevelopment at the current density of residential use, subject any applicable regulations in the Zoning Ordinance. It is important to note that the application conforms to Horizon 2020 policies.