PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

03/15/06

ITEM NO. 11B: M-2 TO C-5; 0.541 ACRE & M-3 TO C-5; 4.0 ACRES; BETWEEN 8^TH & 9^TH STREETS AND NEW JERSEY & DELAWARE STREETS (LAP)

Z-01-01-06: A request to rezone a tract of land approximately 0.541 acre from M-2 (General Industrial) District to C-5 (Limited Commercial) District, and 4.0 acres from M-3 (Intensive Industrial) District to C-5 (Limited Commercial) District. The property is generally described as being located between 8^th & 9^th Streets and New Jersey and Delaware Streets. Submitted by Bartlett & West Engineers for Chico Hombres, LLC & Pennsylvania Street Investors, LLC, property owners of record.

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 0.541 acre from the M-2 District to the C-5 District and approximately 4 acres from the M-3 District to the C-5 District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, subject to the following condition: 1. Filing of the final plat at the Register of Deed’s Office.

Reason for Request:

To create a Mixed-Use Redevelopment Center in an existing East Lawrence industrial area. Applicant’s Response: “Rezoning of existing property near 8^th and Pennsylvania Street for creation of a mixed-use development.”

KEY POINTS

• C-5 zoning is needed to allow for a mix of office, residential, and commercial uses along the eastern side of Pennsylvania Street, between 8^th and 9^th Street, as well as on the southwestern corner of 8^th and Pennsylvania Streets. It is important to note that existing Zoning Regulations do not include a true mixed-use zoning district. Thus, C-5 zoning is being utilized to foster a mix of uses for the subject redevelopment project.
• The associated proposed Urban Conservation Overlay District and Design Guidelines supercede lot area, setback, residential density, maximum commercial space, and other standards for the proposed C-5 zoning district. The Urban Conservation Overlay District and associated Design Guidelines should reduce the need for zoning variances.
• The Design Guidelines propose a maximum residential density of 32 units per acre and maximum retail use coverage of 25% of the net floor area for the Urban Conservation Overlay District. A residential density of 32 units per acre is less density than allowed in the RM-3 District, but more than allowed in the RM-2 District.
• The proposed 8^th and Penn. Neighborhood Redevelopment Zone includes parcels to the north of 8^th Street and additional parcels along the western side of Pennsylvania Street. These areas will need to be rezoned and platted, if applicable, prior to site plan submission for development or redevelopment as part of the Mixed-Use Redevelopment Center.
• Site plan applications will need to be submitted for review and approval with redevelopment or development of each lot being requested for rezoning. Site plans must meet seven findings, including compatibility with adjacent land uses and efficiency of traffic flow.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

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

CONFORMANCE WITH HORIZON 2020

• A proposed text amendment to Chapter 6 of Horizon 2020 accompanies the subject rezoning request. The amended version of Chapter 6 will allow for a Mixed-Use Redevelopment Center. Once the amendment is approved, the rezoning of this area from the M-2 and M-3 Districts to the C-5 District for the purpose of mixed-use development will be consistent with Horizon 2020.
• The Future Land Use Map anticipates office research/industrial/warehouse/distribution for the area.
• The project is also subject to review for compliance with the East Lawrence Neighborhood Revitalization Plan (2000) and East Lawrence Neighborhood Plan (1979).

ASSOCIATED CASES/OTHER ACTION REQUIRED

· PP-01-04-06: 8^th & PA Neighborhood Redevelopment Preliminary Plat.

· PF-01-03-06: 8^th & PA Neighborhood Redevelopment Final Plat.

· Z-12-80-05: Urban Conservation Overlay District for 8^th & PA. [On February 23, 2006, the Historic Resources Commission recommended approval of the Design Guidelines for the 8^th and Penn. Neighborhood Redevelopment Zone. On December 15, 2006, the Historic Resources Commission recommended approval of the Urban Conservation Overlay District for 8^th and PA.]

· CPA-2005-05: Amendment to Horizon 2020, Chapter 6 to address mixed use development in redevelopment areas.

· Five buildings within the area to be rezoned have been listed on the State Register of Historic Places are being considered for placement on National Register of Historic Places.

· City Commission approval is required. If approved, the rezoning ordinance will be placed on a City Commission agenda twice and published in a local newspaper.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

• Several East Lawrence residents are concerned about the residential density along the western side of Pennsylvania Street and traffic generated in the alleyway.

GENERAL INFORMATION
Current Zoning and Land Use:	M-2 (General Industrial) and M-3 (Intensive Industrial) Districts; office, residential, and industrial uses.
Surrounding Zoning and Land Use:	M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the north; vacant land and offices. M-2 (General Industrial) District to the south; drinking establishment and bus storage. M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the east; industrial uses and rail lines. M-2 (General Industrial) and RM-2 (Multiple-family Residence) Districts to the west; bus storage and duplex residences.

I. ZONING AND LAND USES OF SURROUNDING PROPERTIES

Staff Finding – The area to be rezoned is surrounded by the RM-2 (Multiple-family Residence), M-2 (General Industrial), and M-3 (Intensive Industrial) Districts. Multi-family and industrial uses border the subject area.

II. CHARACTER OF THE AREA

Staff Finding – The subject property is located in the East Lawrence neighborhood, between 8^th and 9^th and New Jersey and Delaware Streets. The area is characterized by a mix of residential, commercial, and industrial uses.

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

The subject properties along the eastern side of Pennsylvania Street are currently zoned for intensive industrial use. The minimum lot area for M-3 properties is 20,000 square feet. According to the city’s Zoning Regulations, the M-3 District “…is designed to accommodate the manufacturing and industrial activities which involve more objectionable influences and hazards.”

The subject property on the southwest corner of 8^th and Pennsylvania Street is currently zoned M-2 (General Industrial) District, which requires a minimum lot area of 5,000 square feet. The city’s Zoning Regulations state, “This district is designed to accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of medium intensity. The M-2 District regulations are intended to permit such activities, subject to limitations, that will protect nearby residential and commercial districts and will insure that permitted uses are compatible with one another.”

The applicant proposes to rezone M-2 and M-3 zoned property to the C-5 (Limited Commercial) District, which allows for a mix of multi-family, office, and commercial uses, and limits more intensive industrial development.

Applicant’s Response – “The area is no longer suitable for which it currently is restricted. The area is changing and will be revitalized with this proposed mixed-use development.”

Staff Finding – The subject area to be rezoned includes M-2 and M-3 District zoning. Rezoning of the area to the C-5 (Limited Commercial) District is necessary to allow for a mix of uses, including multi-family, office, and commercial uses. Additionally, C-5 zoning results in a cohesive and less intensive zoning designation for the subject area, which is located near residences in the East Lawrence neighborhood. The lot area and setback standards outlined in the associated Design Guidelines will supercede those of the standard C-5 District. The Design Guidelines propose no lot area minimum or rear or side yard setbacks. The minimum lot width at the front building line is proposed as 16 feet, the maximum lot depth is proposed as 120 feet, and the maximum front yard setback is proposed as 15 feet. The minimum lot width of 16 feet will need to be clarified by the applicant as part of the review of the Design Guidelines. Residential density, amount of allowable commercial space, paving standards, and parking standards are also governed by the associated Design Guidelines.

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

Staff Finding – The project area includes several buildings dating to the 1880s and 1900s. The parcel slated for rezoning on the southwest corner of 8^th and Pennsylvania Streets is vacant, while the eastern side of Pennsylvania Street includes existing buildings which are occupied by industrial, residential, and office uses. The area has included M-2 and M-3 zoning since the adoption of the 1966 Zoning Ordinance.

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

Applicant’s Response – “The removal of these restrictions will not detrimentally affect nearby properties at all.”

Staff Finding – As the subject application proposes rezoning property from an intensive industrial zoning district (M-3 District) and general industrial district (M-2 District) to a limited commercial district (C-5 District), the proposed rezoning request would result in a less intense zoning for the area. The rezoning request will allow for industrially zoned property to be redeveloped with a mix of uses that will serve the surrounding neighborhood and community. By utilizing landscape and use buffering, the request should not detrimentally affect nearby property. The intended use for Lot 1, Block C, which is currently vacant, is a three-story mixed-use building with 3600 square feet of retail on the first floor and 12 residential units on the remaining two floors. This lot is separated from three duplexes to the west by a 16-foot wide alleyway.

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.

Applicant’s Response – “The relative gain will be through a productive use of now mostly vacant property, which will benefit the local surrounding neighborhood and the entire community in general.”

Staff Finding – With approval of the rezoning request, the applicant will be able to proceed with a mixed-use redevelopment project in an industrial area of the East Lawrence neighborhood. The gain to the public is redevelopment of underutilized industrial buildings to allow for a walkable, mixed-use area. Rezoning of property from the M-2 and M-3 Districts to the C-5 District results in a less intense zoning district for the area.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Horizon 2020 does not currently include recommendations or policies pertaining to redevelopment of areas into mixed-use centers. However, a request to amend Chapter 6 to include Mixed-Use Redevelopment Centers accompanies the rezoning, plat, and overlay district requests. While the Future Land Use Map anticipates office research/industrial/warehouse/distribution for the area, this map was partially based on existing land uses. As the subject area to be rezoned is surrounded by rail lines and industrial and multi-family uses, it is appropriate for a mixed use zoning designation.

CHAPTER SIX – COMMERCIAL LAND USE

“Encourage infill development and/or redevelopment of existing commercial areas with an emphasis on Downtown Lawrence and existing commercial gateways. Sensitivity in the form of site layout and design considerations shall be given to important architectural or historical elements in the review of development proposals." (page 6-1)

COMMERCIAL LAND USE GOALS AND POLICIES

Mixed-Use Redevelopment Center

“Mixed-use redevelopment centers shall include a mix of uses designed to maintain the character of the surrounding neighborhood and achieve integration with adjacent land uses… Neighborhood integration shall also be accomplished by providing transitions through alleyways and natural buffers, and by ensuring existing structures are incorporated into the new center where possible.”

Policy 1.3: Assure Compatibility of Development (page 6-22)

A. “Encourage new development and redevelopment to consider horizontal and vertical proportions, building forms, roof types, and exterior materials and details existing in the surrounding area.”

Policy 1.4: Redevelopment of Existing Commercial Areas (page 6-23)

A. “Existing commercial areas should be improved and upgraded… Overall stormwater management, vehicular and pedestrian access, and site maintenance shall be undertaken.”

B. “Upgrade the image and appearance of existing developments with new lighting, landscaping, signage and pedestrian access.”

East Lawrence Neighborhood Revitalization Plan (adopted in 2000)

Action Strategies (page 1)

2. “Preserve and conserve existing physical neighborhood landmarks.”

3. “Protect and enhance neighborhood greenspace, streetscapes and other physical assets.”

6. “Protect and strengthen the viability of neighborhood businesses.”

“One of the main qualities that makes the East Lawrence Neighborhood unique among Lawrence’s neighborhoods is the variety of land uses contained within the neighborhood…” (page 3)

East Lawrence Neighborhood Plan (adopted in 1979)

“The land use plan designates most of the neighborhood low density residential as indicated on the future land use map… the present single-family residences in East Lawrence are providing irreplaceable housing for low-income housing.” (page 4-3)

Applicant’s Response – “The Horizon 2020 comprehensive plan is being amended to include this development along with the current rezoning and platting process.”

Staff Finding – The development of a Mixed-Use Redevelopment Center on the subject site is consistent with Horizon 2020 goals and policies related to existing commercial areas and Mixed-Use Redevelopment Centers. Specifically, the center will include a mix of uses designed to foster integration with the surrounding neighborhood. Commercial, office, and residential uses will be located within existing historic structures on the east side of Pennsylvania Street, while a new mixed-use building will be located on the southwest corner of 8^th and Pennsylvania Streets. The building is proposed to include 3600 square feet of retail space on the first floor, and 12 residential units on the remaining two floors. An alleyway will separate the mixed-use building from several duplex residences along the eastern side of New Jersey Street.

Regarding the East Lawrence Neighborhood Revitalization Plan and East Lawrence Neighborhood Plan, the rezoning request is in conformance with several recommendations of both plans. However, the East Lawrence Land Use Plan of 1979 recommends industrial and medium-density uses for the proposed project area. As this plan was adopted in 1979 without updates and was largely based on existing uses, staff supports a deviation from this plan. It is important to note that the rezoning request will allow for the area to be redeveloped with a mix of uses intended to create a viable, walkable center for the neighborhood and community. As an Urban Conservation Overlay District application and listing of five properties on the State and National Registers of Historic Places accompany the rezoning, platting, and comprehensive plan applications, the project seeks to preserve the historic integrity of the site’s existing historic buildings and will integrate them into the Mixed-Use Redevelopment Center.

STAFF REVIEW

With the adoption of an amendment to Chapter 6 of Horizon 2020 to include Mixed-Use Redevelopment Centers, the application will conform with the comprehensive plan.