Memorandum

City of Lawrence

Planning Department

 

TO:

David L. Corliss, City Manager

FROM:

Sheila M. Stogsdill, Assistant Planning Director

CC:

Scott McCullough, Planning & Development Services Director

Date:

September 26, 2007

RE:

Residential building permits in North Lawrence

 

 

Earlier this year, Ted Boyle, NLIA President, expressed concern to the City Commission regarding the impacts of rezoning parts of North Lawrence to the RS5 District with the adoption of the Land Development Code on July 1, 2006.  Mr. Boyle specifically indicated that residents were concerned about the number of demolitions that have occurred and replacement of existing residences with multiple new residences.  Mr. Boyle’s June 27, 2007 letter summarized his previous comments and is attached.

 

Following Mr. Boyle’s comments, Planning staff began reviewing building permit activity in North Lawrence.  Since this effort began, staff has had requests from Commissioner Highberger and Vice-Mayor Dever to review all lot splits, lot consolidations and demolition permits in residential zoning districts since the effective date of the Development Code [July 1, 2006] and to provide a report that looks back at least five years to review residential development in the floodplain areas of North Lawrence.  This memo provides a summary of staff’s review of these issues.  The attached map identifies the Floodplain Overlay District and illustrates the number of demolition permits and new construction permits that have been issued since 2001. 

 

 

RS5 Zoning District

Three specific areas of North Lawrence were rezoned to RS5 based upon the predominance of platted lots that were between 5,000 and 6,999 square feet in size.  Similar areas were identified in many neighborhoods throughout the City in an effort to reduce the number of non-conforming lots where the platted lots were typically less than the 7,000 square foot size required of the former RS-2 (now RS7) District.

 

The three areas that were zoned to RS5 are highlighted in yellow and labeled on the attached map as Area 1 [the 300 blocks of Maiden, Funston, Lyon and Pleasant, together with 400 – 412 Lyon]; Area 2 [212 – 226 Lincoln, 543 – 545 N. 3rd, and 231 – 241 Perry]; and Area 3 [313 – 539 Elm and 310 – 444 Elm].  The Planning Office has not received any new requests for rezoning to the RS5 District in North Lawrence. 

 

 

Permit Activity – January 2006 – June 2007

Permits issued during the 18 month period [January 2006 through June 2007] are depicted by grey and green squares (demolition permits) and grey and green triangles (new residential permits).

 

The map indicates that 7 demolition permits and 24 new residential building permits have been issued in North Lawrence since the beginning of 2006. Five of the new homes have been located on property completely or partially within the Floodplain Plain Overlay District. Only one permit (537 Elm) is located within one of the three rezoned RS5 areas and this permit was issued in March 2006 [prior to the adoption of the Land Development Code].

 

There have been two demolition permits that have resulted in the construction of two new residences where one was removed during this time period.  An existing residence at 242 Perry was demolished in June 2006 and two single-family permits were issued at 242 & 246 Perry during the same month.  This property is zoned RS7 and is directly south of the RS5 Area 2 identified above.  In March 2007, an existing residence at 522 N. 4th Street was demolished and building permits were issued in April 2007 for new residences at 400 & 404 Perry.  This property is zoned RS7.

 

 

 

Non-Conforming Lots

The Land Development Code [20-1504] allows issuance of building permits for single-family residences on non-conforming lots which may be smaller in size than the district requirement if the lots were established prior to the adoption of the City’s first zoning ordinance.  A total of 5 of the 24 permits have been issued on properties less than 7,000 square feet in size, but zoned RS7.  In addition to the permits noted above on Perry Street, a residence has been constructed at 429 Lincoln on a smaller lot containing approximately 6,280 square feet.

 

 

 

Subdivision Activity

No new lot splits have been submitted since July 1, 2006.  A lot split “in process” was recorded in May 2006 which resulted in the construction of a new residence at 531 Lake adjacent to an existing residence at 535 Lake.  Two subdivision plats have been filed at the Register of Deeds in this time period.  MP Addition, filed in July 2006 created three new lots and permits have been issued for each of these lots in the 200 block of N. 9th Street.  The 6th & Walnut Addition was filed in April 2007 and creates two additional lots east of the existing residence located at 602 Walnut Street.  Permits have not yet been issued for these lots.  These subdivisions are both located in the RS7 District.

 

North Lawrence Residential Lot Splits/Plats since July 1, 2006

 

Submitted

Recorded

# of new lots created

Lot Splits

0

0

0

Final Plats

0

2

5

 

 

 

 

Floodplain Development

The City’s Floodplain Regulations, amended in January 2003, include more stringent standards for the subdivision of property in the floodplain.  No new subdivisions in the North Lawrence floodplain have been approved since the adoption of these amended regulations. 

 

As noted above, the building and demolition permits issued since 2001 are shown on the Demo & Building Permits Map.  The majority of residences constructed between 2001 and 2005 [69 of 97] are located in the floodplain.  This construction activity represents the build-out of several subdivisions (Bismarck Gardens No. 2 – 6 and Sidney Addition No. 1 & 2) that were approved between 2000 and 2002.  The majority of these residences are located in the 700 blocks of Lauren, Lake, Hickory and North Streets.  The majority of the lots in these subdivisions are now built on as indicated by the change in development activity in the past two years.  Only 5 permits out of 24 issued in 2006 - 2007 were located within the floodplain.

 

The majority of new residences constructed in 2006 – 2007 are located in the Habitat No. 5 Addition and MP Builders Addition subdivisions which are both located in the southeast portion of North Lawrence that is protected by the levee and not within the FEMA-designated floodplain. 

 

 

Demolition Permits and Replacement Homes

It does not appear that demolition permits issued prior to 2006 resulted in the replacement of one residence with two new residences, although there are properties where an existing residence was replaced with a new residence during this period.  The records indicate three properties that have involved the demolition of an existing residence and construction of a new residence (330 Perry, 766 Lake and 773 Hickory).  Two residences were removed in the 600 block of Locust after the block was rezoned in 2001 to permit townhome development.

 

As noted above, there were two instances since 2006 where an existing residence was demolished and two new residences were constructed in its place.  This activity seems to be a result of the Nonconforming Lots section of the Development Code which provides for infill on existing platted lots that are smaller than the minimum lot area requirements of the district in which they are located.

 

 

Summary

The following table provides a summary of all residential building and demolition permits issued in North Lawrence between January 2001 – June 2007.

 

 

Total Permits Issued

Properties in Floodplain

Year

Building Permit

Demo Permit

Building Permit

Demo Permit

2007

6

3

2

2

2006

18

4

3

1

 

 

 

 

 

2005

11

5

5

3

2004

25

1

18

1

2003

15

1

14

1

2002

25

2

18

1

2001

21

3

14

0

 

 

 

 

 

Totals

121

19

74

9