PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

03/28/07

ITEM NO. 10A:         RS10 and UR to RMO; 7.73 acres; 3015 W. 31st St (JCR)

 

Z-01-02-07:    A request to rezone a tract of land approximately 7.73 acres, from RS10 (Single-Dwelling Residential) and UR (Urban Reserve) to RMO (Multi-Dwelling Residential-Office). The property is located at 3015 W. 31st Street. Submitted by Bartlett & West Engineers, Inc., for Cherry Manor, Inc., property owner of record. This item is related to PP-01-01-07.

 

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 6.72 acres from RS10 (Single-Dwelling Residential) District and 1.01 acres from UR (Urban Reserve) District to  RMO (Multi-Dwelling Residential - Office) District and forwarding it to the City Commission with a recommendation for approval based upon the findings of fact outlined in the staff report and subject to the following condition:

1.      Recordation of an approved final plat at the Register of Deeds.

 

 

Reason for Request:

 

The property is being rezoned to permit the establishment of a 75-bed residential alcohol and drug treatment facility designated as an Extended Care Facility, General (pending publication of ordinance approving TA-12-14-06).  Extended Care Facilities are permitted in the RMO District.

 

KEY POINTS

  • This is a request to rezone to the RMO District.  The RMO District permits Extended Care Facilities, General.  Residential alcohol and drug treatment centers may be designated as Extended Care Facilities, General pending publication of an ordinance approving TA-12-14-06).
  • On February 12, 2007, the City Commission approved and authorized drafting an ordinance for TA-12-14-06.
  • TA-12-14-06 includes an amendment to modify the definition of Extended Care Facilities which would permit drug and alcohol treatment centers, as discussed in greater detail within this report.
  • The previous use, a nursing home known as Lakeview Manor, would also be classified as an Extended Care Facility, General under the Land Development Code.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The previous use was a nursing home known as Lakeview Manor, the proposed use is a 75 bed residential alcohol and drug treatment center.
  • The area is largely undeveloped.  It is populated by a few residential dwellings, religious institutions, undeveloped agricultural land, and is near Cottonwood, Inc. located at 2801 W. 31st Street.
  • Generally, the character of the area is a mixture of scattered residences, undeveloped agricultural land, religious, community and social service institutions.

 

CONFORMANCE WITH HORIZON 2020

  • The proposal generally conforms with Horizon 2020’s goals and policies for residential and office development.
  • The RMO District is intended as a transitional multi-dwelling residential and office district.  Horizon 2020 makes numerous references to providing adequate transition between areas planned for low-density or residential development and higher intensity uses.
  • The subject property is located along 31st Street.  Horizon 2020 states that higher density residential uses and office uses be located along major thoroughfares.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         PP-01-01-07; Preliminary Plat for First Step Facility; also being considered (Item # 10B)

·         Final plat approval and recordation.

·         Publication of the zoning ordinance.

·         Publication of an ordinance for TA-12-14-06.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

RS-10 (Single-Dwelling Residential District – 10,000 square feet) and UR (Urban Reserve) District; vacant nursing home facility.

 

Surrounding Zoning and Land Use:

 

         

RS-10 (Single-Dwelling Residential District – 10,000 square feet) to the east and south; undeveloped and located within City limits.

 

A (Agricultural) District to the northeast; residential dwelling located outside City limits.

 

UR (Urban Reserve) District to the north; residential dwelling located inside City limits.

 

A (Agricultural) District to the west; undeveloped and located outside City limits.

 

 

Summary of Proposal

The proposed use is a residential alcohol and drug treatment facility for women aged 18 and older and their dependent children, aged 12 or younger.  This facility will be operated by Douglas County Citizens Committee on Alcoholism or DCCCA.  Currently, DCCCA operates a similar facility with 25 beds known as First Step House at 345 Florida Street in Lawrence.  This facility suffers from space constraints which make it difficult to allow for program efficiencies necessary to operate economically as an alcohol and drug treatment program. 

 

This rezoning request will permit DCCCA to move the First Step House operations to the subject property, a former nursing home known as Lakeview Manor.  The applicant contends that the proposed use will contain fewer beds than the previous use.  According to documentation provided, the proposed use will consist of 75 beds with 8-10 employees.

 

 

 

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding – The subject property is surrounded by undeveloped agricultural land on the west and south zoned A Agricultural which is located outside the City limits.  A church and two residential dwellings exist to the north and northwest along 31st Street on property zoned UR and CO (Office – Commercial) District.  A residential dwelling and undeveloped property exists to the northeast and east on land zoned RS10.    

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The subject property is located on the south side of 31st Street, just south of its intersection with Lawrence Avenue.  The character of the area is defined by the variety of uses that exist which are mixed between residential, community and service institutions, religious institutions and agricultural uses.

                                                                                                      

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

 

A small portion of the subject property, identified as Tract C is currently zoned UR (Urban Reserve) District, while the remaining portions, identified as Tracts A and B are zoned RS10 (Single-Dwelling Residential) District.  The applicant is proposing rezoning the subject property to RMO (Multi-Dwelling Residential / Office) District.  The primary purpose of the RMO District is to accommodate mixed use development of professional offices that are compatible with medium and high-density residential uses.  The district is intended as a transitional zoning district between higher-intensity commercial areas and residential neighborhoods.  The RMO District permits a number of residential, community facility, medical facility, recreational facility, and office uses.

 

Staff Finding – Approval of the rezoning request would restrict the subject property to those uses permitted in the RMO District which include many of the residential, community facility, medical facility and office uses listed in Article 4 including Extended Care Facilities.  The RMO District is intended to serve as a transitional district between commercial areas and residential neighborhoods. 

 

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

The subject property is currently zoned RS10 (Single-Dwelling Residential) District and UR (Urban Reserve) District.  A vacant structure exists on that portion of the property currently zoned RS10, which was formerly a nursing home.  If the building were to be reused as a nursing home, a rezoning would be required because the former use is not permitted in RS10 according to the Development Code.  A nursing home, like a drug and alcohol treatment center, would be classified as an Extended Care Facility, General.

 

Staff Finding – The subject property has remained vacant for some time and may only be used for single-dwelling residential development under the existing zoning.

 

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

 

Staff Finding – Residential dwellings, religious institutions and community and service institutions exist to the north, northeast and northwest of the subject property with undeveloped agricultural land surrounding the property in all other directions.  The impacts of the proposed use, such as traffic and operating characteristics will not vary substantially from that of the previous use.  The proposed rezoning will not detrimentally affect nearby properties.

 

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 – A rezoning of this property to the RMO District will permit many uses classified as Extended Care Facilities such as drug and alcohol treatment centers, nursing homes or other health care offices. Such uses, including the one proposed, provide a benefit to a segment of the public and allow the property owner and operator of the proposed use to reuse an existing property and provide better service to their clients.  Denial of this request would permit only limited single-dwelling residential development to occur on the site as it would remain zoned RS10.  Furthermore, denial of this rezoning request would not even permit reuse of this site as a nursing home.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The project is in conformance with the following Horizon 2020 goals and policies related to Residential and Office uses:

 

CHAPTER FIVE – RESIDENTIAL LAND USE

 

Medium-Density Residential Development

“Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office commercial areas.  Some sites are recommended near large open space or natural areas…” (Page 5-4)

 

Goal Three: Neighborhood Conservation

“Policy 3.3: Encourage Compatible Infill Development

a.              Encourage redevelopment and infill as a means of providing a variety of compatible housing types within neighborhoods.” (Page 5-14)

 

Goal Six:   Compatible Transition from Low-Density Residential Development to More Intensive Land Uses

“Policy 6.2: Higher-Density Residential Development as Transitional Use

Encourage the integration of higher-density residential development through compatible design and non-residential developments and surrounding low-density residential neighborhoods.”  (Page 5-20)

 

Staff Finding – The subject property is proposed to be rezoned to a mixed use residential/office district.  While the RMO District does not permit industrial uses, the district is intended as a transitional district that permits a variety of housing types and office uses.  The proposed use is a residential drug and alcohol treatment facility.