PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

12/14/05

ITEM NO. 19:               RM-2 TO RO-1B; 4.41 ACRES; NORTH OF W. 7TH STREET WEST OF WISCONSIN STREET (MJL)

 

Z-10-69-05:  A request to rezone a tract of land approximately 4.41 acres from RM-2 (Multiple-Family Residential) District to RO-1B (Residence-Office) District.  The property is generally described as being located north of W. 7th Street, west of Wisconsin Street (south half of 1803 W. 6th, and 1710 W. 7th).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning approximately 4.41 acres from the RM-2 District to the RO-1B District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

 

Reasons for Request:

 

To follow the recommendations of the HOP District Plan to zone property to the current use based on the neighborhood association task force study and recommendation.

 

KEY POINTS

  • RO-1B District zoning is consistent with the existing uses.
  • The RO-1B zoning would lower the allowed residential density while adding professional office uses to the possible development options.
  • The RO-1B zoning is consistent with transitions between low and medium-density residential land uses recommended in Horizon 2020.
  • The RO-1B zoning would be consistent with the future land use map in Horizon 2020.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

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

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the RM-2 District to the RO-1B District is consistent with several Horizon 2020 residential policies.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-10-68-05: C-5 to RM-2; 3.13 acres; between W. 6th and W. 7th streets, west of Iowa Street

·         Z-10-70-05: RM-2 to RO-1A; 1.60 acres; between W. 7th and W. 6th Streets, east of Wisconsin Street

·         Z-10-71-05: RM-2 to RO-2; 2.27 acres; north of W. 7th Street, west of Florida Street

·         Z-10-72-05: RM-3 to RM-2; 2.19 acres; south of W. 7th Street, east of Wisconsin Street

·         Z-10-73-05: RM-3 to RS-2; .70 acres; north of the intersection of W. 8th Street and Avalon Road

·         Z-10-74-05: C-5 to RO-1; .84 acres; northeast corner of Florida and W. 7th Streets

·         Z-10-75-05: C-5 to RO-1A; 2.02 acres; northwest intersection of Michigan and W. 7th Streets, south of W. 7th Street between Michigan and Arkansas Streets

 

·         Z-10-76-05: C-5 to RM-3; 3 acres; southeast intersection of W. 7th Street and Lynch Court

·         Z-10-77-05: C-5 to RO-2; .51 acres; southwest corner of Michigan and W. 7th Streets

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  •  None Received

GENERAL INFORMATION

Current Zoning and Land Use:         

C-5 District; Eagles Club, north half of 1803 W. 6th St.

 

RM-2 District; Eagles club, south half of 1803 W. 6th St.; vacant, 1710 W. 7th St.

 

Surrounding Zoning and Land Use:

 

         

C-5 District to the north; discount store, auto rental, auto detail shop, motel.

 

RS-2 (Single-Family Residential) District to the south; Single-family homes.

 

RM-2 District and C-5 District to the west; apartment complex

 

RM-2 District to the east; duplex, 4-plex

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The properties directly to the south are zoned RS-2 and are developed with single-family residential homes.  The properties to the north are zoned C-5 and are developed as commercial uses (discount store, rental car, auto detaining and a motel).  The property to the west of the subject properties is zoned RM-2 and C-5 and is developed as an apartment complex.  The properties to the east of the subject properties are developed with a duplex and a 4-plex.

 

Staff Finding – The request is to rezone approximately 4.41 acres from the RM-2 District to the RO-1B District. The subject properties currently include the Eagles Lodge building and a vacant lot. The areas surrounding the subject properties are zoned C-5 District, RM-2 District, and RS-2 District. As part of the HOP District Plan recommendations, the neighborhoods were to study the relationship of land use and zoning of the properties identified in the plan, which are included in the particular neighborhood association, and located within the study area of the HOP District Plan.  The plan recommended that zoning be updated to reflect the current use.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a variety of densities of residential and commercial uses. The parcels directly surrounding the subject property are zoned for commercial and residential uses. The subject properties acts as a transitional area between the single-family residential and the commercial uses along W. 6th Street.

 

 

 

 

 

 

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

 

The subject property is currently zoned for multiple-family residential use. According to the City’s Zoning Ordinance, the RM-2 District, requires a minimum lot area of 6,000 square feet and requires a minimum of 2,000 square feet per dwelling unit (21 units per acre) for residential development. The general purpose of the residence-office district is “…to provide areas for medium and high population density.”

 

The request is to rezone the subject property to the RO-1B District, which requires a minimum lot area of 7,000 square feet and requires a minimum of 3,500 square feet per dwelling unit (12 units per acre) for residential development. The general purpose of the residence-office district is “…to primarily provide mixed use 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.”

 

Staff Finding – Currently the western most of the two properties, the Eagles Club property, is split between the C-5 District and the RM-2 District zonings.  The north half of the property is zoned C-5 District and the south half is zoned RM-2 District.  The vacant property on the eastern side of this request is entirely zoned RM-2 District.  The RO-1B zoning would allow residential redevelopment up to 12 units per acre and/or professional office uses, subject to any additional applicable regulation in the Zoning Ordinance.  The RO-1B zoning is more suitable based on its purpose statement than the RM-2 zoning is for these properties which form a transition between the W. 6th Street commercial and Hillcrest neighborhood uses.

 

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

 

Staff Finding - The north half of the Eagle’s Club property has been zoned C-5 District and the south half has been zoned RM-2 since the adoption of the current zoning ordinance (Ord. 3500) in 1966.  The vacant property has been zoned RM-2 since the adoption of the 1966 City of Lawrence Zoning Ordinance.

 

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

 

Staff Finding –The RO-1B District is more restrictive in the residential density permitted but increases permitted uses to include professional office uses.  The proposed zoning would be an appropriate transition between the commercial development along W. 6th Street and the single-family residential development on the south side of W. 7th Street.  The proposed zoning change would not detrimentally affect the 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 – If the property retains its RM-2 District designation, it has the potential to redevelop with a residential density of 21 units per acre.  The proposed RO-1B zoning will protect the density that could redevelopment by reducing the maximum density.  The proposed rezoning would allow the creation of a reasonable transition in land uses that is not currently assured by the existing zoning.  The proposed zoning does decrease the potential number of units but increases the permitted uses.

 

Approval of the rezoning request will protect the public health, safety, and welfare by ensuring that high-traffic commercial uses will not filter into the neighborhood but that medium density multiple-family residential will maintain an appropriate transition between the commercial, highway, and lower-density residential uses.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located along the north side of W. 7th Street, between Iowa and Wisconsin Streets. The following Horizon 2020 goal and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

GOAL 6:      Compatible Transition from Low-Density Residential Development to More Intensive Land Uses (Page 5-19)

                     Policy 6.2:  Higher-Density Residential development as Transitional Use (5-20)

 

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 (Page 5-25)

                     Policy 3.1:  Use Appropriate Transitional Methods (Page 5-25)

                     Policy 3.2:  Medium-Density Residential Development as Transitional Use (Page 5-26)

 

Staff Finding – The rezoning conforms to several Horizon 2020 policies related to low-density, medium and higher-density residential uses. The subject properties’ rezonings will allow for the development of appropriate transitions in the area between the commercial uses along W. 6th Street and single-family residential along W. 7th Street.  The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to recommend updates to the zoning of the area to match the current use. 

 

 

 

STAFF REVIEW

The subject property is located on the north side of W. 7th Street, between Iowa and Wisconsin Streets. As previously stated, land uses surrounding the property include single-family homes, the Eagles Lodge, a discount store, an auto rental shop, an auto detailing shop, and a motel. The proposed zoning will allow redevelopment at a residential density compatible with adjacent residential land uses and develop additional permitted uses of professional office, subject any applicable regulations in the Zoning Ordinance. It is important to note that the application conforms to several Horizon 2020 policies.