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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
1/23/06
ITEM NO. 7: RM-2 TO RS-2; 2.15 ACRES; NORTH OF W. 5TH STREET BETWEEN WISCONSIN & MICHIGAN STREETS (MJL)
Z-10-67-05: A request to rezone a tract of land approximately 2.15 acres from RM-2 (Multiple-Family Residential) District to RS-2 (Single-Family Residential) District. The property is generally described as being located north of W. 5th Street between Wisconsin and Michigan Streets (1620, 1612, 1604, 1512, 1508, and 1500 W. 5th Street; and 446 Florida Street). Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan. This item was deferred by the applicant from the December Planning Commission meeting.
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STAFF RECOMMENDATION: · Staff recommends denial of rezoning approximately 2.15 acres from the RM-2 District to the RS-2 District and forwarding a recommendation for denial to the City Commission based on the findings in the body of the staff report. |
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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. |
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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 · None
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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-2 District; single-family residences, the property at 1512 W. 5th Street has two separate single-family residences on one lot
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Surrounding Zoning and Land Use:
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RM-2 (Multiple-Family Residence) District to the north, west and south; single-family homes, duplexes, apartment complexes
RM-1 (Multiple-Family Residence) District and RM-2 District to the east; apartment complex and single-family home |
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 duplexes and single-family homes. The property to south of the subject property is zoned RM-2 and developed with duplexes and a single-family home. The property to the west of the subject property is zoned RM-2 and is developed with an apartment complex. The property to the east of the subject property is zoned RM-2 and RM-1. The property zoned RM-2 is developed with an apartment complex and the property zoned RM-1 is developed with a single-family home.
Staff Finding – The request is to rezone approximately 2.15 acres from the RM-2 District to the RS-2 District. The subject properties are currently developed with single-family homes. The areas surrounding the subject properties are zoned RM-2 District, and RM-1 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 and incorporate appropriate transitions between uses when possible.
II. CHARACTER OF THE AREA
Staff Finding – The area is characterized by a mix of residential uses and zoned mainly for high-density residential use.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject properties are currently zoned for 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 multiple-family residential district is “…to provide areas for medium and high population density.”
The request is to rezone the subject property to the RS-2 District, which requires a minimum lot area of 7,000 square feet and requires a minimum of 7,000 square feet per dwelling unit for residential development. The general purpose of the single-family residential district is “…designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings.”
Staff Finding – Currently the properties are zoned RM-2 District and developed with single-family homes. The RS-2 District zoning would allow single-family residential redevelopment, subject to any additional applicable regulation in the Zoning Ordinance.
One of the subject properties, 1512 W. 5th Street, has two single-family homes on one lot. By changing the zoning to RS-2 District, a non-conforming use would be created in the middle of the proposed RS-2 District. Access to the second home can be gained from Minnesota Street across an abutting vacant lot under the same ownership. Because this property is under the same ownership and not included in the rezoning request, the rezoning would result in split zoning between the two lots.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property has been zoned RM-2 District 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 RS-2 District is more restrictive than the current zoning. The proposed zoning allows single-family residential uses. The proposed zoning would not detrimentally affect the nearby properties but will protect existing single-family homes.
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-2 District designation, it could redevelop with a residential density of 21 units per acre. The proposed RS-2 District zoning will reduce the permitted residential density to single-family residential only and zone to existing uses. The RS-2 District will protect the public health, safety, and welfare better by protecting existing single-family homes and not creating the opportunity for high traffic, high density 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 north side of W. 5th Street between Wisconsin and Michigan Streets. 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: Neighborhood Conservation (Page 5-14)
Policy 3.2: Protect Existing Housing Stock (Page 5-14)
Staff Finding – The rezoning conforms to one Horizon 2020 policy related to low-density residential uses. The proposed zoning would protect the existing single-family residential uses. The proposed zoning is consistent with the Horizon 2020 future land use map.
The proposed zoning however does not meet the Horizon 2020 goals for compatible transitions between low-density uses and medium and high-density residential uses. It is appropriate to transition from low to medium to high-densities. If this rezoning was approved, there would be no transition from the low-density (RS-2 District) residential zoning to the high-density (RM-2 District) residential zoning to the north, west, and south of the subject properties thus not properly protecting the single-family homes from the high-density surrounding uses.
STAFF REVIEW
The subject property is located on the north side of W. 5th Street between Wisconsin and Michigan Streets. As previously stated, land uses surrounding the properties include a variety of densities of residential uses. The proposed zoning will allow redevelopment as single-family residential uses subject any applicable regulations in the Zoning Ordinance.
Staff worked with the neighborhood task force representatives to study the land use and zonings in their appropriate areas and provided the task force with recommendations on possible rezonings in the neighborhoods. Staff recommendations were to rezone the subject properties, properties to the north of the subject properties, and properties to the east, to the RM-D District, and properties to the south of the subject properties to the RM-1 District. These recommendations took into consideration the existing uses, size of the proposed districts, the relation to the surrounding existing zonings, and how the proposed zonings would transition into the surrounding zonings. However, the neighborhood task force was concerned with the amount of RM-D in staff’s recommendation and elected to only pursue this particular change to try to protect the existing single-family homes.
Staff finds that a zoning to RS-2 District creates an isolated pocket of RS-2 and creates a non-conforming use in the middle of the block. This rezoning alone would not adequately protect the existing use because appropriate transitions between the low-density and high-density uses surrounding the subject properties are not in place. This district would be small and have no relationship to any other single-family or low-density residential districts in the vicinity and would be out of place within the neighborhood.
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