PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

5/22/06

ITEM NO. 8:              M-2 TO O-1; 4.6 ACRES; WEST OF HASKELL AVENUE & SOUTH OF                                   E. 20TH STREET (2001 HASKELL AVENUE) (MJL)

 

Z-03-07-06:  A request to rezone a tract of land approximately 4.6 acres from M-2 (General Industrial) District to O-1 (Office) District.  The property is generally described as being located west of Haskell Avenue, and south of E. 20th Street (2001 Haskell Avenue).  This item was initiated by the City Commission March 28, 2006.

 

STAFF RECOMMENDATION: 

·         Staff recommends approval of rezoning approximately 4.6 acres from the M-2 District to the O-1 District and forwarding a recommendation for approval to the City Commission based on the findings in the body of the staff report.

 

Reasons for Request:

 

Implementation of the recommendations of the Burroughs Creek Corridor Plan to zone to the existing use.

 

KEY POINTS

  • The O-1 District would create the appropriate transitional zoning between the residential and industrial uses.
  • Horizon 2020 identifies the subject property as medium-density residential.
  • The proposed rezoning would be zoning to the existing use.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

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

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the M-2 District to the O-1 District is consistent with the goal of using compatible transitions between low-density and more intensive land uses.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

None

 

  PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • KT Walsh, Vice President, Independence Inc.-Independence Inc. Board voted unanimously to support the proposed downzoning of our property.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

M-2 (General Industrial) District; Independence Inc.  a rehabilitation center for persons with disabilities

 

Surrounding Zoning and Land Use:

 

         

C-2 (Neighborhood Commercial) District to the north, fire/medical department training facility and park

 

RS-2 (Single-Family Residence) District to the south; church and single-family residences

 

 

M-2 District to the west; old Farmer’s Co-op

 

RM-1 (Multiple-Family residence) to the east; townhomes

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly north of the subject property is zoned C-2 District and is developed with the fire/medical department training facility and a park.  The properties to south of the subject property are zoned RS-2 and developed with a church and single-family homes. The property to the west of the subject property is zoned M-2 District and is developed with the old Farmer’s Co-op.  The property to the east of the subject property is zoned RM-1 and is developed with townhomes.

 

Staff Finding – The request is to rezone approximately 4.6 acres from the M-2 District to the O-1 District. The subject property is currently developed with a rehabilitation facility for persons with disabilities.  The areas surrounding the subject properties are zoned M-2, RS-2, and RM-1 Districts. The proposed zoning would help to incorporate transitions between the single and multi-family residential to the east and south of the subject property and the industrial uses to the west and north.  As part of the Burroughs Creek Corridor Plan recommendations, 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 mix of residential and industrial uses and zoned mainly for residential and industrial uses.

 

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

 

The subject property is currently zoned for industrial use. According to the City’s Zoning Ordinance, the M-2 District requires a minimum lot area of 5,000 square feet. The general purpose of the general industrial district is “…to accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of medium intensity.”

 

The request is to rezone the subject property to the O-1 District which requires a minimum lot area of 5,000 square feet. The general purpose of the office district is “…intended to provide for development of office uses and certain limited service uses which are compatible with offices.”

 

Staff Finding – Currently the property is zoned M-2 District and developed with a rehabilitation facility for persons with disabilities. The O-1 District zoning would allow redevelopment of community facilities, professional offices, and limited services, subject to any additional applicable regulation in the Zoning Ordinance.

 

The property is currently owned and being used by Independence Inc. who assists persons with disabilities in obtaining skills to live independently.  This uses is listed in use group 7, Community Facilities and Utilities-Residential.  This use group is also a permitted in the O-1 District.

 

 

 

 

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

 

Staff Finding - The subject property was not in the city limits upon the adoption of the 1966 City of Lawrence Zoning Ordinance. The property has been zoned M-2 for a long period of time.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding –The O-1 District is more restrictive than the current zoning.  The proposed zoning allows community facilities, professional offices and limited service uses.  The proposed zoning would not detrimentally affect the nearby properties but will help to protect existing residential by creating a buffer between the uses and not allow the possible redevelopment of low nuisance industrial uses. 

 

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 M-2 District designation, it could redevelop with a variety of automotive services, retail sales establishments, research and testing or medium nuisance industrial uses.  The proposed O-1 District zoning will protect the residential uses to the east and south and zone to existing uses. The O-1 District will protect the public health, safety, and welfare better by protecting existing residential and prevent future redevelopment of medium nuisance industrial uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located on the west side of Haskell Ave. between E. 20th and E. 21st 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 6.1:  Use Appropriate Transitional Methods (Page 5-19)

                    

Staff Finding – The rezoning conforms to one Horizon 2020 policy related to low-density residential uses. The proposed zoning would help protect the existing single-family residential uses to the south by creating transitions between low-density residential development and more intensive uses to the north and west. 

 

 

 

 

STAFF REVIEW

The subject property is located on the west side of Haskell Ave. between E. 20th and E. 21st Streets.  As previously stated, land uses surrounding the property include a single and multi-family residential uses and industrial uses. The proposed zoning will allow redevelopment as community facilities, professional office, or limited service uses subject any applicable regulations in the Zoning Ordinance.

 

The subject property is currently owned and developed by Independence Inc., a facility that assists persons with disabilities in obtaining skills to live independently.  Their property will act as a buffer between the industrial uses to the west and north and the residential uses to the south and east.  The board of Independence Inc. is in favor with the proposed rezoning.