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PLANNING COMMISSION REPORT SUMMARY PUBLIC HEARING ITEM |
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ITEM NO. 11: ADOPT NEW ZONING MAP, NOVEMBER 11, 2005 EDITION
Z-10-49-04: Pursuant to the provisions of K.S.A. Chapter 12, Article 7 consider making a recommendation on the adoption of a new “Zoning Map, November 11, 2005 Edition” pursuant to the provisions of the proposed “Development Code, November 11, 2005 Edition,” enacting a new Chapter 20 of the Code of the City of Lawrence, Kansas establishing comprehensive zoning regulations and other land use regulations. The proposed “Zoning Map, November 11, 2005 Edition” includes zoning designations for all property located within the corporate limits of the City of Lawrence, Kansas. The proposed “Zoning Map, November 11, 2005 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the proposed “Zoning Map, November 11, 2005 Edition” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The proposed “Zoning Map, November 11, 2005 Edition” is also available at www.lawrenceplanning.org. TA-10-05-04 and Z-10-49-04 are companion and related items for public hearing at the February 22, 2006 meeting. (These items were referred back to the Planning Commission by the City Commission at their meeting on February 1, 2005.)
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STAFF RECOMMENDATION: Staff recommends approval of the zoning map revisions provided for in Section 20-110(e) of the Development Code and the map designation revisions initiated by the Planning Commission for properties shown on Zoning Maps for GPI, OS, U/U-KU, H, UR, and the existing Planned Unit Development designations of PRD, PCD, PID, and the existing PUD overlay districts approved for Alvamar, Deerfield, Four Seasons, Heatherwood, Hills West, Holiday Hills No.7, Holiday Hills No.10, Meadowbrook, and Parkmar.
Staff recommends approval of the zoning map revisions to rezone 12 parcels from CP (Commercial Parking District) to PCD-2 [Westgate]; CS; RM24; and RMO as outlined in the Reference Table of CP Zoned Areas.
Staff recommends approval of the rezoning map revisions to rezone portions of Barker, Breezedale, Brook Creek, Centennial, East Lawrence, North Lawrence, Old West Lawrence, Oread, Pinckney, Sunset Hills, and University Place Neighborhoods from RS-2 (Single-Family Residence District) to RS5 (Single-Family Residential District) as indicated on the attached maps.
Staff recommends approval of the zoning map revisions to rezone 38 existing fraternity/sorority parcels from RD (Residence-Dormitory District) to RMG (Multi-Dwelling Residential – Greek Housing District) as outlined in the Reference Table of RMG properties.
Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission. |
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Reason for Request: |
The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan. A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence. Adoption of this Development Code, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes. |
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KEY POINTS · Section 20-110, Transitional Provisions, includes a subsection (e), Zoning District Names that provides a table for map designation conversions from the current map designations to the new map designations for all the conventional base zoning districts. · Special Purpose Base Districts have no designated conversion and, therefore, were initiated by map by the Planning Commission at their August 2004 meeting. · City, County, and School District lands are the primary public/quasi-public lands that were initiated to the GPI and OS Districts. · Lands annexed into Lawrence that retained their County Zoning designation were initiated to the holding district of UR (Urban Reserve). · Lawrence Memorial Hospital’s master plan was used as the basis for rezoning lands under management by Lawrence Memorial Hospital to the H (Hospital) District. · A U (University) District was created for the two universities in Lawrence; Haskell Indian Nations University, and the University of Kansas. · Execution of the cooperative agreement between the City of Lawrence and the University of Kansas requires the creation of a separate U (University) District tied to the contractual terms of the agreement. This cooperative agreement was signed and became effective on April 7, 2005. · The maps for the special purpose base districts GPI, OS, U/U-KU, H, UR, and the existing Planned Unit Development designations of PRD, PCD, PID, and the existing PUD overlay districts were considered at public hearings in November 2004 and approved by the City Commission on December 14, 2004. · Two revisions to the zoning map not covered in Section 20-110(e) are: 1) the conversion of CP (Commercial Parking) zoned areas to a compatible zoning based on their existing use, and 2) the conversion of RS-2 zoned areas of four square blocks or more in Barker, Breezedale, Brook Creek, Centennial, East Lawrence, North Lawrence, Old West Lawrence, Oread, Pinckney, Sunset Hill and University Place neighborhoods where development patterns are based on lots of 5000 square feet to 6999 square feet. These map designations were considered at public hearings in December 2004 and were approved by the City Commission (with specific revisions to the Oread map) on January 18, 2005. · A new map for the 38 existing fraternity/sorority parcels that are proposed to be rezoned from RD (Residence-Dormitory District) to RMG (Multi-Dwelling Residential – Greek Housing District) is included for public hearing. · Map designations will occur with adoption of the Development Code by the City Commission, and take effect on the effective date determined by the City Commission when the Development Code is approved. |
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RELEVANT GOLDEN FACTOR:
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ASSOCIATED ITEMS ON THIS AGENDA
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
· Staff has responded to questions relative to the status of properties zoned A at the time of map initiation. Several parcels originally shown as converting to OS have been modified to UR. Properties that had pending rezoning ordinances have been rezoned and are now covered by Section 20-110(e). · Staff has also identified several properties that have been approved for rezoning for which ordinances have not yet been published. Those properties that have zoning ordinances published prior to the Development Code effective date will be converted as set out in this report. · Staff has responded to questions relative to the recommendations to rezone portions of RS-2 neighborhoods to the RS5 District.
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Maps associated with this report are located on the Planning Department website: www.lawrence planning.org or are available for public viewing during regular office hours at the Planning Department, first floor, City Hall, 6 E 6th Street.
SUMMARY OF ZONING MAP REVISIONS
The Zoning Map, by State Statute, is a portion of the Zoning Regulations and requires adoption at the time of new Zoning Regulations. The Development Code is written so that existing map designations are converted to new map designations to match the new zoning districts created in the Development Code by virtue of the adoption & approval of the new Zoning Regulations[re: Z-10-49A-04]. However, there are some map designations that are not provided for in Section 20-110(e). These conversions required a separate initiation by the Planning Commission because either, there are no similar districts in the existing regulations or there is no comparable district in the new regulations.
On July 9, 2004, planning staff presented at the Planning Commission mid-month meeting a set of seven map designation conversions that required initiation. The seven map designations were place on the August 25, 2004 agenda, at which time they were initiated for consideration as part of the public hearing and approval process for a new Development Code. The separate map designations that were initiated for public hearing at the November 17, 2004 Planning Commission meeting were:
The separate map designations that were initiated were for public hearing at the December 15, 2004 Planning Commission meeting were:
The additional map initiated for public hearing at the February 22, 2006 Planning Commission meeting is:
Each set of map revisions is briefly summarized below. A map showing the specific areas where the initiated map conversions are located accompanies this staff report. These maps are also posted on the planning department website at www.lawrenceplanning.org.
v City, County and USD 497 owned properties that are appropriately developed with uses permitted in the special purpose base districts of GPI and OS categories in the Development Code. [Z-10-49B-04]
The purpose of the GPI (General Purpose and Institutional) District is to “accommodate institutional uses occupying significant land areas not appropriate in the U or H Districts.” The GPI District is designed for the maximum flexibility for use and patterns of development while assuming compatible edges for adjacent uses.
The purpose of the OS (Open Space) District is to “preserve and enhance major open space and recreational areas by protecting natural amenities.” The OS District accommodates development compatible with natural amenities and may also be used for common open space with residential planned developments and cluster housing projects.
Public lands initiated to GPI include city and county administrative and departmental offices, USD 497 school and administrative buildings, and the two US Post Office buildings. Because of the vast disparity in size of the individual parcels initiated for GPI map designation, staff previously recommended modifications to the Institutional Master Plan and Buffer Area Plan requirements which have been included in the latest draft of the Development Code.
Public lands initiated to OS include city parks, Oak Hill and Memorial Cemeteries, the County Fairgrounds, the Eagle Bend Golf Course and the YSI sports complex. Community buildings are considered accessory uses in the OS district. Typically, all city swimming pools would be rezoned to OS, however the Carl Knox and Lawrence Aquatic Centers have been recommended for GPI zoning, which also permits swimming pools, because of the larger educational institutional campuses they are located on.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v The main campus of Lawrence Memorial Hospital based on the adopted LMH master plan, for conversion to the special purpose base district of H (Hospital) in the Development Code. [Z-10-49C-04]
The Hospital is a major institutional use located in a residential neighborhood. The zoning map should clearly identify this non-residential, institutional use in the neighborhood. The hospital grounds and adjacent property owned by the hospital for future expansion are zoned for residential or residential office use, not institutional uses. The new development code creates a special base zoning district for this type of institutional use, H (Hospital) District.
The hospital, when it was first developed, was a small non-residential use in a developing residential neighborhood. As both uses have grown and matured, the hospital has developed a significant presence in the neighborhood. One of the tenets of the Pinckney Neighborhood Plan was the development of a mutually agreed upon plan for these two uses to co-exist. In the past decade, the hospital has recognized the need for master planning of their campus area. The hospital use is permitted in residentially zoned areas by approval of a special permit, a Use Permitted upon Review (UPR). Although helpful for research, the approval of a UPR does not alter the underlying residential zoning, thus the zoning map does not identify the location of areas where non-residential uses have been approved by special permit. Public notice and awareness of the hospital’s master plan & long-term development plans are beneficial to both the hospital and nearby residential property owners because it allows transitional areas to be given additional care in development/redevelopment.
The adopted Master Plan was approved through UPR-06-07-93 and amended through UPR-09-07-05. The proposed boundary for the new H zoning district is based on this master plan used in conjunction with county ownership records. The adoption and recommendation of the new development code presumes creation of new district boundaries for the current hospital site.
A purpose of the new H (Hospital) District is to add a layer of public awareness of the long-tem plans for development of the hospital in relationship to the borders where transitional land use planning needs to occur. Although medical offices near the hospital may provide related uses, if they are not part of the master plan, they are more appropriately zoned for comparable office uses such as, RMO or RSO, as provided for in the transitional section of the new development code.
Property included in the LMH main campus include parcels on the west side of the 200 & 300 blocks of Maine Street (excluding the ball fields at Woody Park); the east side of the 200 block of Arkansas Street; both sides of the 300 block of Arkansas Street; and the properties along the north side of W. 4th Street between Arkansas & Michigan Streets.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Primary campuses of the University of Kansas and of Haskell Indian Nations University Campus property to the special purpose base district of U (University) in the Development Code. [Z-10-49D-04]
The education & institutional uses of Haskell Indian Nations University and the University of Kansas are unique in their location and mission in the City. Both were originally sited & planned prior to the neighborhoods that now surround them. The size of these institutions means that development within and along their fringes has a significant impact on the adjacent residential neighborhoods. Both campuses have been zoned RS-1 which is not representative of their mission, the uses on their campuses or the allowed uses in a single-family residential district. The designation of a zoning category in the Development Code that identifies the uses on these campuses and the boundaries of these major institutions, particularly the transitional areas (referred to as the Buffer Area) is appropriate land use planning. The U District was developed to apply to both the University of Kansas (main and west) campuses and the Haskell Indian Nations University campus. With the introduction of the “Cooperative Agreement between the City of Lawrence and the University of Kansas”, a subcategory of the U District unique to the University of Kansas is needed. Staff has proposed a map designation that would be unique to the Primary Campus, as defined in Exhibit A of the Cooperative Agreement. This subcategory of the University District is the U-KU (University of Kansas) District.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Properties that retained their county zoning designation upon annexation to the special purpose base district of UR (Urban Reserve) in the Development Code. [Z-10-49E-04]
There are times when areas are annexed into the city and city zoning designations are not immediately sought by property owners or, if the areas are unilaterally annexed, by the city. These areas retain their County zoning designation, which the majority of the time is A (Agricultural) District. Enforcement of zoning regulations on these properties is problematic, as the city does not have an A District. A transitional zoning district that acts as a holding zone until newly annexed property can be rezoned to a designation consistent with the comprehensive plan was determined to be a need the new development code should address. The new code creates the UR (Urban Reserve) District to provide this transitional function.
When property was annexed into the City, after the adoption of Ordinance No. 3500, it was often rezoned at the same time to the least intensive zoning district in the code, RS-1. The prevailing practice was to use this district as a holding zone until a more appropriate zoning, or more appropriate time for rezoning, was petitioned by the property owner. The reality was that many of these areas remained as RS-1 zoned properties for years while adjacent residential area developed around them. When petitions for more intensive land uses were filed for the RS-1 zoned properties, adjoining property owners were resistant to any change that would increase the density or intensity of use near their property. Conflicts between recommended and acceptable land uses, based on the comprehensive plan and on neighborhood expectations, were the result. Reliance on zoning map designations instead of the comprehensive plan fueled the misunderstandings and conflicts created by this informal practice of using RS-1 as a holding zoned.
Rezoning to individual residential, commercial and industrial categories could require significant study and public notice to adjacent property owners. The UR District was created for annexed areas where more specific City zoning is not yet appropriate. There is a timeliness factor involved in the rezoning of all areas in the City to a zoning district within the new code, which makes a lengthy study of individual areas inappropriate at this time. The areas annexed in the City that have retained their County zoning designations are proposed to be rezoned to UR.
The majority of properties that are shown on the UR District map are located on the fringes of the incorporated City limits or are parcels that were annexed in recent years because they were completely surrounded by the incorporated City limits. These properties include parcels both north and south of W. 6th Street which were annexed in 2002 to facilitate financing of the US 40/W. 6th Street improvements now under construction.
Several of parcels along both sides of George Williams Way south of W. 6th Street; along Folks Road south of W. 6th Street; and north of W. 6th Street along Congressional Drive have been approved for rezoning to City designations but ordinances have not yet been published. If these ordinances are published prior to the effective date, these properties will convert to the New Development Code districts according to Section 20-110(e).
The remainder of the properties currently zoned A that are proposed to be rezoned to UR are located along W. 6th Street west of Monterey Way; north of Trail west of Monterey Way; north of Riverridge Road between N. Iowa Street and N. Michigan Street; north of US 24/40 east of US 59; cemeteries adjacent to East Hills Business Park and adjacent K-10 right-of-way; parcels along the south side of W. 31st Street west of Lawrence Avenue; parcels west of Kasold Drive north of W. 31st Street (extended); and W. 27th Street right-of-way east of Wakarusa Drive.
Two parcels located north and south of E. 11th Street at the eastern City limits have retained their county zoning designation I-3 (Heavy Industrial) and are also proposed to be rezoned to UR. The UR District allows the current uses, which are rural residential and agricultural uses, to continue until such time as the property owner chooses to request rezoning to a different City district.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Conversion of existing Planned Unit Developments [PUDs, PRDs, PCDs, and PIDs] to their own individual map designation, as provided for in the Development Code. These map designations represent special purpose base districts designed only to be used for the conversion of existing, approved Planned Unit Developments and not for expansion of such districts after adoption of the Development Code. Associated with these map designations is a table of permitted uses approved for each Planned Unit Development. [Z-10-49F-04]
The Development Code creates unique “carry over” designations for the existing Planned Unit Developments, PRDs, PCDs and PIDs. The purpose in doing this is to provide closure to the current planned unit development process, which creates base zoning districts for each type of Planned District. This process also allows the “grandfathering” of the nine planned unit developments created in the 1960s and 1970s as overlay zoning districts. The Development Code proposes a new Planned District, which is an overlay district. There are no conversions from existing Planned Unit Developments to the proposed Planned District. As PCDs were typically approved with use restrictions, staff has prepared a table of permitted or restricted uses for each of the individually created Planned Unit Development Districts [PUDs, PRDs, PCDs, and PIDs]. This table will be published on the website along with the official zoning map.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Twelve properties currently zoned CP (Commercial Parking District) to be rezoned to the same zoning district as the property that they serve [Z-10-49G-04]
The CP (Commercial Parking) district was created in 1966 when the current zoning ordinance number 3500 was adopted. At that time, the district was known as the C-1 zoning district. In 1979, the C-1 zoning district designation was recreated as a Limited Neighborhood Commercial District and the Commercial Parking district was renamed to CP.
The CP district purpose statement is:
“This district is designed to consist of (1) areas developed for off-street parking purposes in former residential districts to serve adjacent business establishments and (2) open areas which are appropriate for off-street parking development intended to serve non-residential districts located adjacent to residential districts. This district is intended to facilitate the providing of off-street parking facilities adjacent to residential areas and to act as a buffer between these residential areas and nearby commercial and industrial areas.”
The only uses permitted in this district were agricultural field crops,
temporary uses and off-street parking.
The twelve sites zoned CP are shown on the accompanying map. The sites have been assigned numbers for ease of reference. From west, proceeding in a clockwise fashion, the CP zoned areas are listed on the table on the following page. [Through the review process, this group of properties has been reduced to 12. One existing CP district is adjacent to the Community Building (at 11th and Vermont) and is a portion of the same parcel. The entire parcel has been recommended to be rezoned to GPI [General Public & Institutional District].
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Rezoning to RS5 of Central City Subdivisions Zoned RS-2 with Lots between 5,000 and 6,999 square feet in area. [Z-10-49H-04]
Background
In April 1966, Ordinance No. 3500, the current zoning ordinance, created the smallest single-family lot size as 7,000 square feet (re: RS-2 district). Many central city neighborhoods primarily located east of Iowa and north of 19th Street, had lots in existence prior to this date that had lot areas less than this new standard. This discrepancy in zoning and platted lot sizes created many instances of non-conforming lots in the central city area. Non-conformities existed primarily in the inability of these lots to comply with minimum lot dimensions and required minimum setbacks. Where the substandard lot size was coupled with multiple-family zoning densities, neighborhoods experience a shift in residential character from predominately single-family to multiple-family, with an emphasis on student-oriented housing options. When this new code was being developed, an informal coalition of representatives from these central city neighborhoods requested a zoning category that was representative of their smaller lot sizes and one that would recognize the existing, smaller platted lot sizes in these neighborhoods. The RS5 zoning district was created specifically in response to this request for smaller lots in single-family use.
The older platted subdivisions in Lawrence include the Original Townsite and the West Lawrence Addition. These subdivisions cover portions of three neighborhoods in addition to the downtown area. The lot and block layout in these subdivision included alleys (16’ wide) and a standard lot size of 50’ x 117’ in the residential neighborhoods. North Lawrence Additions were also platted with smaller lots but the majority of additions in North Lawrence do not include platted alleys. Older subdivisions in East Lawrence, Brook Creek and along Massachusetts Street were platted with lots less than the minimum lot area for the RS-2 zoning designation they currently have. In these older subdivisions with RS-2 zoning, having a lot less than 7,000 square feet in area creates additional burdens and regulatory reviews for property owners wanting to add on to their houses or wanting to sell off an adjacent undeveloped lot that was originally yard area for some of the bigger, older homes built west of Massachusetts. The Existing Lot of Record provision [section 20-1502 of the existing code] was created to address these substandard lots issues. However, the regulation was poorly worded and is complicated to administer. It discourages infill development, and does not apply to lots with smaller lot areas than 5,600 sq. feet. Many platted lots in the Brook Creek Neighborhood (for instance) have 40’ frontages and lot areas of less than 5,600 sq. feet. This means their only development, expansion or redevelopment option is to petition the Board of Zoning Appeals (BZA) for a variance from the minimum lot size in RS-2. The BZA has not always granted lot area variances for lots smaller than the minimum permitted in the Existing Lot of Record section of the code (re: 5,600 sq. ft. for RS-2 zoned lots). Appeal of a BZA decision is through the court system.
New Development Code Requirements
The new Development Code permits lots in the RS5 District with a minimum of 40’ of lot width and 5,000 square feet of lot area. Generally lots in this district will allow development with front and rear yard setbacks of 20’ and interior side yard setbacks of 5’. The current RS-2 District requires 25’ front & 30’ rear yard setbacks and 60’ wide lots containing at least 7,000 square feet. General Standards for Accessory Structures are outlined in Section 20-533 and apply uniformly to all districts. Many of the existing developed properties in the older parts of the City are not developed in accordance with current RS-2 setbacks. Many of these lots were platted with less width and area. Rezoning to RS5 will make many existing developed lots and structures complying and will permit development or redevelopment without seeking variances from the Board of Zoning Appeals. Rezoning will also facilitate some infill development on lots which previously had been considered too small to meet the Existing Lot of Record definition.
New development on RS5 lots will be required to comply with the development standards created in the Development Code. Standards regarding maximum building coverage, maximum impervious surface coverage, and minimum outdoor area per dwelling unit are all new standards that apply in the RS5 District. New development in the RS7 District will also be required to comply with maximum building coverage and maximum impervious surface coverage; however a minimum outdoor area per dwelling unit is not required in this district.
Land uses permitted in the proposed RS7 and RS5 Districts are similar (detached dwellings and home occupations); however accessory dwellings are not permitted in the RS5 District (and are permitted in the RS7 District). The definition of family (which limits the number of unrelated persons to three in a dwelling unit) applies to all RS zoning districts. Therefore, designation of the identified lots as RS5 rather than RS7 will not change the occupancy permitted in these homes.
Map Summaries
The attached maps provide illustrations of the RS-2 areas within the different neighborhoods that have been proposed to be rezoned to RS5. The lots that contain between 5,000 and 6,999 square feet are individually highlighted in yellow. Staff has recommended rezoning of multiple blocks in neighborhoods that include a predominance of these less than 7,000 square foot lots. Staff has attempted to identify logical zoning district boundaries following the centerline of streets or property lines so as not to create spots of RS5 zoned properties. All lots less than 7,000 square feet are not proposed to be rezoned to RS5. This does result in several existing lots that are less than 7,000 square feet in size which are isolated within areas to be rezoned to RS7.
Barker Neighborhood
The proposed RS5 District includes lots along both sides of 19th Street and both sides of Johnson Avenue between Barker Avenue and Learnard Avenue. The proposed district also includes all of the RS-2 properties between Massachusetts Street and Barker Avenue between 15th Street and 23rd Street.
There are a few scattered lots east of Barker Avenue that have not been included in the proposed district because the majority of lots in these areas are 7,000 square feet or larger.
Breezedale and Park Hill Neighborhoods
The proposed RS5 District includes all of the Breezedale Neighborhood bounded by the lots along the west side of Massachusetts Street south of 23rd Street; lots on the north side of Indian Avenue; and lots on the west side of Barker Avenue. The boundary of this district on the east and south will be the U (University) District which encompasses the HINU property.
A portion of the abutting lots along the east side of Vermont Street in the Park Hill Neighborhood are less than 7,000 square feet in size. The majority of the Park Hill neighborhood conforms to the RS7 District requirements; therefore these lots have not been included in the proposed RS5 District.
Brook Creek Neighborhood
Three areas within this neighborhood are proposed to be included in the RS5 District. These areas encompass most, but not all, of the substandard sized lots in the neighborhood. One area includes the existing RS-2 lots bounded by the lots on the west side of Maple Lane and the east side of Elmwood Street between 13th and 15th Streets; the lots north of 13th Street between the west side of Prairie Avenue to Elmwood Street; and the lots along both sides of the 1500 and 1600 blocks of Cadet Avenue. This area is bounded by Brook Creek Park properties and cemetery properties that will be rezoned to the OS (Open Space) District. This district also includes two areas of Brook Creek Park which will be designated OS.
The second RS5 area within this neighborhood is located north of 19th Street and encompasses lots along both sides of Brook Street, Miller Drive and Maple Lane. It is bounded on the north by Edgewood Park which will be rezoned to the OS District.
The third area is located south of 15th Street and includes properties in the 1500 and 1600 blocks of Harper Street and Powers Street; the 1500 blocks of Craig Court; Wedgewood Drive and Lindenwood Lane; and a portion of the lots in the 1600 blocks of Wedgewood Drive and Lindenwood Lane.
Centennial Neighborhood
The proposed RS5 District encompasses most of the existing RS-2 lots within the neighborhood. This area is generally bounded by 19th Street on the north; Massachusetts Street on the east; 23rd Street on the south; and Louisiana Street on the west. A few scattered lots less than 7,000 square feet in size are located along Alabama Street and Mitchell Street and are not proposed to be rezoned because they appear to be spots within an area of larger lots.
East Lawrence Neighborhood
The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood except for the Hobbs Park property which will be rezoned to the OS District and the New York School property which will be rezoned to the GPI District. There are many other substandard sized lots in the neighborhood; however they are currently zoned RM-1 and RM-2.
North Lawrence Neighborhood
Three areas of North Lawrence are proposed to be rezoned to the RS5 District to provide compliance with lot sizes that have been platted over time. The largest area is generally located between N. 2nd and N. 4th Streets and includes the lots on both sides of Maiden Lane, Funston Avenue, Lyon Street and Pleasant Street. This area also includes the lots on the south side of the 400 block of Lyon Street that are adjacent to lots currently zoned M-2 (General Industrial District).
Another area proposed to be rezoned to RS5 includes the current RS-2 properties on the south side of the 200 block of Lincoln Street and the north side of the 200 block of Perry Street.
The third area proposed to be rezoned RS5 includes existing RS-2 properties on both sides of the 300 and 400 blocks of Elm Street and on the north side of the 500 block of Elm Street.
There are a number of other scattered lots within the North Lawrence neighborhood that are less than 7,000 square feet. These properties have not been proposed for inclusion in the RS5 District because they are adjacent to larger lots or parcels and are typically not the predominant lot size in these blocks. There are many other substandard sized lots in the neighborhood; however they are currently not zoned RS-2.
Old West Lawrence Neighborhood
The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood.
Oread Neighborhood
The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood. This area generally includes lots in the 1500 and 1600 blocks of Ohio Street, Vermont Street and Massachusetts Street. It also includes properties in the 1700 block of Vermont Street. There are many other substandard sized lots in the neighborhood; however they are currently not zoned RS-2. The City Commission, at their meeting on January 18, 2005, specifically excluded the following properties from the Oread area to be rezoned to RS5 based on lot sizes: 1601, 1611 & 1617 Kentucky along the west side of the block; 1501 – 1639 Massachusetts along the west side of these blocks; and 1602 – 1646 Massachusetts along the east side of this block. These exclusions are reflected on the revised RS5 Zoning Map.
Pinckney Neighborhood
Two areas in the neighborhood are proposed to be rezoned RS5. The first area includes lots along the east side of the 200 and 300 blocks of Michigan Street and the west side of the 200 block of Arkansas Street. This area is bounded by the H (Hospital) District on the east side.
The second area includes the majority of lots south 4th Street between Arkansas Street and Tennessee Street. This area also includes lots south of 3rd Street between Alabama Street and the west side of Indiana Street. Areas currently zoned RS-2 that are excepted from this proposed district include Pinckney School and the City’s Traffic Division property (to be rezoned GPI) and larger lots between Indiana Street and Louisiana Street.
Sunset Hills Neighborhood
Several blocks in this neighborhood are contained in the Sunset Hills Estate subdivision that was platted in the early 1950s and contain substandard sized lots. This area is north of 9th Street between Centennial Park on the east and Ludlam Park (located on the north side of 9th at Schwartz Road). The area proposed to be included in the RS5 District encompasses lots along Moundview Drive, Century Drive, Murrow Court, Madeline Lane, Crestline Drive, National Lane, and the west side of Rockledge Road.
University Place Neighborhood
The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood.
Ledger size maps of the areas to be rezoned and tables with property descriptions follows.
v 38 parcels currently zoned RD (Residence-Dormitory District) to be rezoned to RMG (Multi-Dwelling Residential – Greek Housing District) as outlined in the Reference Table of RMG properties [Z-10-49I-04]
One of the concerns identified in the past year related to the potential conversion of existing fraternity and/or sorority houses into apartment dwellings and the potential impact those conversions might have on existing low-density neighborhoods adjacent to the Greek Houses. The Development Code has been amended to create a RMG (Multi-Dwelling Residential – Greek Housing District) which provides for the continued use of these large residential homes in existing neighborhoods. The Development Code provides for the Adaptive Reuse of these homes for alternative uses through a Special Use Permit process. These properties can not be converted to apartment use without first undergoing a rezoning process.
The 38 parcels zoned RD and including Greek Houses are shown on the accompanying map. The sites have been assigned numbers for ease of reference. From west, proceeding in a clockwise fashion, the proposed RMG sites are listed on the table following the map.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
SUMMARY
The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan. A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence. Adoption of this Development Code and the official zoning district map, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes.
CONFORMANCE WITH THE COMPREHENSIVE PLAN
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the zoning map revisions provided for in Section 20-110(e) of the Development Code and the map designation revisions initiated by the Planning Commission for properties shown on Zoning Maps for GPI, OS, U/U-KU, H, UR, and the existing Planned Unit Development designations of PRD, PCD, PID, and the existing PUD overlay districts approved for Alvamar, Deerfield, Four Seasons, Heatherwood, Hills West, Holiday Hills No.7, Holiday Hills No.10, Meadowbrook, and Parkmar.
Staff recommends approval of the zoning map revisions to rezone 12 parcels from CP (Commercial Parking District) to PCD-2 [Westgate]; CS; RM24; and RMO as outlined in the Reference Table of CP Zoned Areas.
Staff recommends approval of the rezoning map revisions to rezone portions of Barker, Breezedale, Brook Creek, Centennial, East Lawrence, North Lawrence, Old West Lawrence, Oread, Pinckney, Sunset Hills, and University Place Neighborhoods from RS-2 (Single-Family Residence District) to RS5 (Single-Family Residential District) as indicated on the attached maps.
Staff recommends approval of the zoning map revisions to rezone 38 existing fraternity/sorority parcels from RD (Residence-Dormitory District) to RMG (Multi-Dwelling Residential – Greek Housing District) as outlined in the Reference Table of RMG properties.
Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission.