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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
1/23/06
ITEM NO. 8: RM-3 TO RM-1; 2.19 ACRES; 1515 W. 7th STREET (MJL)
Z-12-81-05: A request to rezone a tract of land approximately 2.19 acres from RM-3 (Multiple-Family Residential) District to RM-1 (Multiple-Family Residential) District. The property is generally described as being located south of W. 7th Street, east of Wisconsin Street (1515 W. 7th Street). This item was initiated by the Planning Commission after recommending denial of a previous RM-3 to RM-2 rezoning request at their December 14, 2005, meeting.
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STAFF RECOMMENDATION: · Staff recommends approval of rezoning of approximately 2.19 acres from the RM-3 District to the RM-1 District.
ALTERNATE RECOMMENDATION: · Staff recommends tabling the rezoning of approximately 2.19 acres from RM-3 District to the RM-1 District for 90 days. · Staff recommends the Commission revisit the item after the adoption of the Development Code and propose rezoning from RM32 (RM-3) District to RM15 (Multi-Dwelling Residential—15 dwelling units per acre) District (new district). |
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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.
The property owner has indicated willingness to downzone within the multi-family group only. |
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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 · Z-10-72-05: RM-3 to RM-2; 2.19 acres; south of W. 7th Street, east of Wisconsin Street (Recommended denial by PC; CC denied on 1/10/06)
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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: |
RM-3 District; single-family
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Surrounding Zoning and Land Use:
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RM-2 (Multiple-Family Residence) District to the north; two duplexes, single-family home
RS-2 (Multiple-Family Residence) District to the south; lot single-family home
RS-2 (Single-Family Residence) District to the west; single-family homes.
RM-3 (Multiple-Family Residence) District to the east; apartment complex (67 units) |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
The property directly north of the subject property is zoned RM-2 District and is developed with and two duplexes and a single-family home (proposed to be rezoned to RO-1B). The property to south of the subject property is zoned RM-2 (northeast portion) and is developed with a single-family home (proposed to be rezoned to RS-2). The property to the west of the subject property is zoned RS-2 and is developed with a single-family home. The property to the east of the subject property is zoned RM-3 and is developed with an apartment complex.
Staff Finding – The request is to rezone approximately 2.19 acres from the RM-3 District to the RM-1 District. The subject property is currently developed with a single-family home. The areas surrounding the subject properties are zoned RS-2 District, RM-3 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 incorporate appropriate transitions between uses. The RM-1 District will provide an appropriate transition between the existing uses and still provide the property owner with some redevelopment potential.
Staff has had discussions with the property owner and they are willing to rezone to the proposed new RM15 District when the Development Code is adopted. The RM15 District regulations are comparable to the RM12 (Multi-Dwelling Residential—12 dwelling units per acre) District, the district that the current RM-1 District will become. The differences are the maximum densities per acre: RM15 District has a maximum residential density of 15 unites per acre and the RM12 District has a maximum residential density of 12 units per acre. The two districts have the same permitted uses except the RM15 District allows mobile homes and mobile home parks with special use permits. The RM15 and RM12 Districts are both classified as medium-density residential districts, an appropriate transition between the low-density and high-density residential surrounding the subject property.
II. CHARACTER OF THE AREA
Staff Finding – The area is characterized by a variety of densities of residential use and zoned for a variety of densities of residential use. The subject property is to act like a transition between low-density residential and high-density residential uses.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned for residential use. According to the City’s Zoning Ordinance, the RM-3 District, 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.”
The request is to rezone the subject property to the RM-1 District, which requires a minimum lot area of 7,000 square feet and requires a minimum of 3,500 square feet per dwelling unit (12 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.”
Alternate Future Zoning (RM15 District):
The RM15 District, which requires a minimum lot area of 6,000 square feet and allows 15 units per acre for residential development. The general purpose of the multi-dwelling residential district is “…to accommodate multi-dwelling housing”.
Staff Finding – Currently the property is zoned RM-3 and developed with a single-family home. The RM-1 zoning would allow residential redevelopment up to 12 units per acre, subject to any additional applicable regulation in the Zoning Ordinance.
The RM-1 District is appropriate for this property to form a transition between low-density residential that is abutting the subject property to the west and south and higher-density residential uses to the north and east. The RM-1 District zoning is also consistent in residential density with the proposed zonings across W. 7th Street of RO-1B District. The proposed zoning of property to the north of the subject property would have the same residential density as the RM-1 District but the properties to the north of the subject property would have the ability to redevelop as office uses in addition to the residential uses.
The RM15 District would also be an appropriate transition between low and high-density residential uses allowing residential development of 15 units per acre, medium-density residential.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property has been zoned RM-3 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-1 District is more restrictive as far as residential densities than the current zoning. The proposed zoning allows residential uses. 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 RM-3 District designation, it could redevelop with a residential density of 43 units per acre. The proposed RM-1 zoning will lower the permitted residential density to 12 units per acre and provided an appropriate transition between uses. The RM-1 District will protect the public health, safety, and welfare better by creating appropriate transitions of medium-density residential and not creating the opportunity for high traffic residential development, which could harm the neighborhood, to occur in the future.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The subject property is located on the south side of W. 7th Street west of Florida 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 Horizon 2020 policies related to medium, and higher-density residential uses. The proposed zoning would act as an appropriate transition between the high and low-density residential uses in the area. The proposed zoning is consistent with the Horizon 2020 future land use map.
The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to update the zoning of the area to create appropriate transitions between uses.
STAFF REVIEW
The subject property is located on the south side of W. 7th Street west of Florida Street. As previously stated, land uses surrounding the property include a variety of densities of residential uses. The proposed zoning will allow redevelopment as single-family or medium-density residential uses subject any applicable regulations in the Zoning Ordinance.
Staff finds that a zoning of RM-1 District is an appropriate transitional zoning between the high-density residential property to the east of the subject property and the low-density residential uses to the south and west of the subject property. The RM-1 District zoning is consistent with the residential density of the proposed zoning of the properties across W. 7th Street to the north from the subject property. Horizon 2020 identifies the subject property on the future land use map as a medium-density residential use. The RM-1 District will also create less potential for a large increase in traffic if redevelopment as a multiple-family residential use was to occur.
Staff finds that the RM15 District in the proposed Development Code would also be an appropriate zoning for the same reasons above. The property owner is not in favor of rezoning to the RM-1 District but is willing to rezone to the proposed RM15 District after the adoption of the Development Code.