PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT

Regular Agenda - Public Hearing Item

PC Staff Report

10/24/07

ITEM NO. 21: RSO TO RMO; 3.3 ACRES; SOUTHEAST & SOUTHWEST CORNERS OF ELDRIDGE STREET & W. 6^TH STREET (PGP)

Z-09-22-07: A request to rezone a tract of land approximately 3.3 acres, from RSO (Single-Dwelling Residential-Office) District to RMO (Multiple-Dwelling Residential-Office) District. The properties contain the Summer Tree Townhouse Apartments and are located at the southeast and southwest corners of Eldridge Street and W. 6^th Street (U.S. Highway 40). Submitted by Allen Belot Architect for Summer Tree Townhouses, LLC, property owner of record.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 3.3 acres from RSO (Single-Dwelling Residential-Office) District to RMO (Multi-Dwelling Residential) District and forwarding to the City Commission a recommendation for approval based on the findings of fact as found in the body of the staff report.

Applicant’s Reason for Request:

This development was approved under the previous zoning ordinance and was in compliance with that ordinance. When the new Land Development Code was adopted the ‘automatic’ conversion of the previous zoning, RO-1B, to the new designation, RSO, has made the existing use non-conforming.

KEY POINTS

Existing townhouse apartments on the property were approved and constructed in 1994 [SP-11-66-04] and 1996 [SP-12-92-96], under the RO-1B Zoning District.
RSO District does not allow for multi-dwelling units.
RMO District does allow multi-dwelling units.
The boundary of a zoning district typically goes to the center of the roadway.

GOLDEN FACTORS TO CONSIDER

CONFORMANCE WITH THE COMPREHENSIVE PLAN

The rezoning is in conformance with the Comprehensive Plan.

RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE

The rezoning will not destroy the value of the subject property or impose a hardship on the landowner or the general public.

ASSOCIATED CASES/FUTURE ACTION REQUIRED

Zoning Ordinance and Publication
Site Plan [SP-08-61-07] for a mixed-use office/residential structure on the southwest corner of W. 6^th Street and Eldridge Street.
Minor Subdivision [MS-08-13-07] separating off a 17,853 square foot portion at the southwest corner of W. 6^th Street and Eldridge Street.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

There has been no public comment received as of the writing on this staff report.

W. 6^th and Eldridge Streets, Aerial Spring 2006

GENERAL INFORMATION

Current Zoning and Land Use: RSO (Single-Dwelling Residential Office) Zoning District; Existing townhouse apartment buildings and office use.

Surrounding Zoning and Land Use: PCD (Planned Commercial Development) and RS7 (Single-Dwelling Residential) Districts across W. 6^th Street to the north; existing Church, multi-dwelling residential & office uses.

UR (Urban Reserve to the east and west) District; existing single family homes.

RS7 (Single-Dwelling Residential) District to the southeast; existing single family homes.

RM12D (Multi-Dwelling Duplex Residential) District to the south; existing duplexes.

Per Section 20-1303(g), in reviewing and making decisions on proposed zoning map amendments, review and decision-making bodies shall consider at least the following factors:

(1). CONFORMANCE WITH THE COMPREHENSIVE PLAN;

Applicant’s Response, “Horizon 2020 designates this area to be medium to high density residential. The 2006 Land Development Code indicated that RMO zoning is intended to accommodate mixed uses of low and medium density professional offices with compatible medium and high density residential uses”.

Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County. An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan.

Chapter 5, RESIDENTIAL LAND USE, Strategies Residential Development (page 5-1)

Compatible densities and housing types should be encouraged in residential neighborhoods by providing appropriate transition zones between low density residential land uses and more intensive residential development, and between higher density residential uses and non-residential land uses.

Neighborhood Concepts, Mixed Housing Types (page 5-2)

Different types, styles, sizes, densities, and price ranges should be incorporated. Where possible, rehabilitation of existing structures is encouraged. Live/work opportunities should be explored.

GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses.

Policy 6.2: Higher-Density Residential Development as Transitional Use (page 5-21)

Encourage the integration of higher-density residential development through compatible design with non-residential developments and surrounding low-density residential neighborhoods.

RESIDENTIAL LAND USE GOALS AND POLICIES

MEDIUM- AND HIGHER- DENSITY RESIDENTIAL LAND USE

GOAL 1: Criteria for Location of Medium- and Higher-Density Residential Development

Policy 1.3: Identify Suitable Sites (page 5-22)

Medium- and higher-density developments should be arranged in small clusters as transitions from more intensive land uses, or located at the intersection of major street/roads.

Policy 1.5: Ensure Adequate Infrastructure (page 5-23)

Ensure that medium- and higher-density development occurs in areas which can be adequately and efficiently served by infrastructure facilities.

Policy 1.6: Consider Access (page 5-23)

b. Higher-density residential developments shall be located adjacent to arterial, access or frontage roads.

GOAL 3: Compatible Transition from Medium-Density and Higher-Density Residential Development to both More Intensive and Less Intensive Land Uses

Policy 3.4: Encourage Compatible Infill Development (page 5-28)

Encourage new and existing medium- and higher-density residential development which is compatible in size, architectural design, orientation, and intensity with the surrounding land uses in established areas.

High-Density Residential Development ((Page 5-5)

High-density residential development, reflecting an overall density of 16 to 21 dwelling units per acre, is recommended at selected locations near high-intensity activity areas or near existing high density residential developments.

A variety of locations for high-density residential development are recommended. These include sites primarily along the SLT and Eastern Parkway.

Large concentrations of high-density housing are not compatible with the overall character and development pattern of the city and should not be permitted. As with medium-density housing, a range of densities and housing types should be encouraged. The design and development of all new high-density residential development should be carefully controlled to ensure compatibility with surrounding uses, adequate screening and buffering, an attractive appearance from nearby roadways, and a high-quality living environment.

Staff Finding - The rezoning to RMO would be in conformance with Horizon 2020.

(2) ZONING AND USE OF NEARBY PROPERTY, INCLUDING ANY OVERLAY ZONING;

Staff Finding - The subject property is zoned RSO (Single-Dwelling Residential-Office) District. The property to the south is zoned RMD12 (Multi-Dwelling Duplex Residential) and contains duplexes. The properties to the east and west are zoned UR (Urban Reserve) and each contain a single family house.

Across W. 6^th Street (U.S. Highway 40), the properties are zoned PCD (Planned Commercial Development) and RS7 (Single-Dwelling Residential) Districts and contain a church, multi-dwelling residences and office uses.

(3) CHARACTER OF THE NEIGHBORHOOD;

Applicant’s Response, “Professional offices, banking institutions and commercial to the west, duplexes to the south, single family detached to the east and west, with professional offices beyond to the west.”

Staff Finding - The subject property is located on the south side of a principal arterial (W. 6^th Street/U.S. Highway 40) and is near a variety of uses at urban development intensity. These uses include multi-dwelling residential, duplexes, single family homes, offices and a church.

(4) PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY;

Staff Finding – The majority of this area has already been developed and is not included in an adopted area or sector plan. The applicant proposes to change the zoning district so the existing townhouse apartments would no longer be non-conforming with the zoning district, which was changed by the City’s new Development Code on July 1, 2006.

(5) SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULARIONS;

Applicant’s Response, “The subject property has been developed pretty much as is since 1996.”

Appropriateness of continuing the RSO (Single-Dwelling Residential-Office) Zoning District Designation.

The RSO (Single-Dwelling Residential-Office) District is not an appropriate zoning district for this property, as the existing previously approved multi-dwelling residential townhouse apartments are not a permitted use in this district. The site is located between W. 6^th Street (U.S. Highway 40) and duplexes to the south. The existing multi-dwelling townhouse apartment provides an appropriate buffer between the duplexes to the south and the principal arterial - W. 6^th Street/U.S. Highway40 to the north.

Appropriateness of rezoning to RMO (Multi-Dwelling Residential-Office) Zoning District.

Staff Finding - In staff’s opinion, the property is suitable to be rezoned to RMO (Mult-Dwelling Residential-Office) District as it would bring the previously approved and developed townhouse apartment back into conformance with the zoning district.

(6) LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED;

Staff Finding - The subject property is not vacant but has been developed with an older residence and newer townhouse apartments. The property was rezoned to RSO on July 1, 2006 through the new Development Code. Previously, it had been RO-1B (Residence-Office) District.

(7) THE EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES;

Applicant’s Response, “No change will take place other than to correct a conflict between the previous Zoning Ordinance & the new Land Development Code.”

Staff Finding - Removal of the existing RSO restriction and rezoning to RMO, would have little affect on nearby properties, as the area to be rezoned is already developed with townhouse apartments and office use.

(8) THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENTIAL OF THE APPLICANTION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT OF THE DENIAL OF THE APPLICATION; AND

Applicant’s Response, “There will be no net gain to the public at large with an approval. This zoning change will correct a mistake that was made in the writing of the new Land Development Code which blindly converted three separate zoning categories (densities) into one zoning category without investigating the impact this blanket change would have on existing developments.”

Evaluation of this criterion weighs the benefits to the community-at-large versus the benefits to the owners of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public's health, safety and welfare.

Typically, property within the City limits that is zoned for higher density residential use has a higher value than property zoned for lower density residential use. Rezoning the subject property from RSO to RMO will better facilitate the continual use of the subject property and not place a hardship on the individual landowner.

Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner or the general public

(9) THE RECOMMENDATION OF THE CITY’S PROFESSIONAL STAFF.

The property contains townhouse apartments on the east side of Eldridge and townhouse apartment and an older residence on the west side of Eldridge Street. A site plan for the townhouse apartments on the west side of Eldridge Street [11-96-94] was approved by the City Commission on November 22, 1994. A site plan for the townhouse apartments on the east side of Eldridge Street [SP-12-92-96] was approved by the City Commission on December 12, 1996.

The applicant would like to be able to tear down the older residence located at the southwest corner of W. 6^th and Eldridge Streets and construct a new mixed residential-office building.

The property was rezoned from RO-1B to RSO through the conversion table (Section 20-110(e)) of the Development Code, effective July 1, 2006.

The requested zoning change from RSO to RMO will bring the existing townhouse apartments into conformance with permitted uses in the RMO District. The rezoning to RMO would be appropriate and would conform to the previously approved and constructed townhouse apartments that exist on this property.

The rezoning request of the subject property is in conformance with the City’s Comprehensive Plan. The property has previously been platted in 1993 as Lots 1 & 23 of the Summertree West as Lot 1 of the Summertree West Townhomes addition in 1997.

Per Section 20-1303(i), the zoning map amendment will become effective upon publication of the adopted ordinance.