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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
5/22/06
ITEM NO. 9: RO-1 TO RM-3; 0.28 ACRE; 640 ARKANSAS (MJL)
Z-04-09-06: A request to rezone a tract of land approximately 0.28 acre from RO-1 (Residence-Office) District to RM-3 (Multiple-Family Residence) District. The property is generally described as being located at 640 Arkansas. Initiated by the Lawrence City Commission on April 11, 2006.
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STAFF RECOMMENDATION: · Staff recommends approval of rezoning approximately .28 acres from the RO-1 District to the RM-3 District and forwarding a recommendation for approval to the City Commission based on the findings in the body of the staff report. |
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Reasons for Request: |
Property owner request because the recently rezoned property would cause a nonconforming structure upon the effective date of the Development Code. |
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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-09-54-05 C-5 to RO-1; 0.34 acre; north of W. 7th Street and east of Arkansas Street [640 Arkansas Street] HOP Plan PC approved 9-0 on 11/14/05; Ord. 7955; Adopted on 1/3/06; published on 1/9/06
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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: |
RO-1 District; (Residence-Office) District; 8-Plex
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Surrounding Zoning and Land Use:
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RM-2 (Multiple-Family Residence) District to the west; apartments
RO-1 District to the north; duplex
C-5 (Limited Commercial) District to the south; motorcycle repair and sales
RS-2 (Single-Family Residence) District to the east; single-family homes
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I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
The property directly north of the subject property is zoned RO-1 District and is developed with duplexes. The property to south of the subject property is zoned C-5 District and developed with a motorcycle repair and sales business. The property to the west of the subject property is zoned RM-2 and is developed with an apartment complex. The properties to the east of the subject property is zoned RS-2 and is developed with single-family homes.
Staff Finding – The request is to rezone approximately .28 acres from the RO-1 District to the RM-3 District. The subject property is currently developed with an 8-plex. The areas surrounding the subject property is zoned RM-2, RS-2, C-5, and RO-1 Districts.
II. CHARACTER OF THE AREA
Staff Finding – The area is characterized by a mix of residential and neighborhood commercial 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 property is currently zoned for residential-office use. According to the City’s Zoning Ordinance, the RO-1 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 residence-office district is “…to provide areas for professional offices, medical and dental clinics and similar types of uses that are compatible with and can be located adjacent to or in combination with single, duplex, or multiple-family residential uses without undue harmful effects to the residential uses.”
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 “…designed to provide areas for medium and high population density.”
Staff Finding – Currently the property is zoned RO-1 District and developed with an 8-plex. The RM-3 District zoning would allow multiple-family residential development, subject to any additional applicable regulation in the Zoning Ordinance.
The RO-1 District converts to the RMO (Multi-Dwelling Residential-Office) District and the RM-3 District converts to the RM32 (Multi-Dwelling Residential) District in the Development Code. The RMO District will allow 4 units on the subject property and the RM32 District will allow 8 units on the subject property. If the subject property is allowed to convert from the RO-1 District to the RMO District upon the effective date of the Development Code, the subject property will become a nonconforming use.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property was previously zoned RM-2 District since the adoption of the Zoning Ordinance and was recently rezoned to the RO-1 District in January 2006 as part of the HOP District Plan recommendations.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding –The RM-3 District is more restrictive than the current zoning. The proposed zoning allows multiple-family residential uses only. The current RO-1 District allows multi-family residential and professional office uses. The proposed zoning would not detrimentally affect the nearby properties however will create a slight break in the transition of uses between the low-density multi-family and the commercial uses. There will be two lots of RO-1 between the low-density multi-family and the commercial.
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 RO-1 District designation, it could redevelop with a residential density of 43 units per acre and/or professional office. However, the RO-1 District will convert to the RMO District and will be limited to 22 dwelling units per acre. The proposed RM-3 District zoning will not affect the density but will no longer offer the option of redevelopment of professional office. The RM-3 District will protect the public health, safety, and welfare better by protecting the existing use and not creating a non-complying property when the Development Code is effective.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The subject property is located north of W. 7th Street, on the west side of Arkansas 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
Policy 3.1: Use Appropriate Transitional Methods (Page 5-25)
Staff Finding – The rezoning conforms to one Horizon 2020 policy related to medium and higher-density residential uses. The proposed zoning would protect the existing multi-family residential use.
The proposed zoning will interrupt the smooth transition from the RM-1 to the RO-1 to the C-5 by leaving the possibility of redevelopment of the two properties to the north of the subject property to possibly redevelop as a professional office uses. This will still be transitional uses but not a completely smooth transition if redevelopment of professional offices occurs.
STAFF REVIEW
The subject property is located south of W. 7th Street, on the west side of Arkansas Street. As previously stated, land uses surrounding the properties include a variety of densities of residential uses and a motorcycle repair and sales shop. The proposed zoning will allow redevelopment as multi-family residential uses subject any applicable regulations in the Zoning Ordinance.
The subject property was rezoned from RM-2 District to RO-1 District earlier this year following the adoption of the HOP District Plan. Staff and the property owner have determined that the RO-1 District will convert to the RMO District in the Development Code. The RO-1 District zoning is appropriate for the current use, under the current ordinance. The RMO District will have a lower density only allowing 4 units on the subject property, making the current use nonconforming. The RM32 District (RM-3 District) would allow the current density and use to remain complying.
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