PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

1/28/08

ITEM NO. 2: RM24 TO RSO; 4.41 ACRES; NORTH OF W. 7^TH STREET WEST OF WISCONSIN STREET (MJL)

Z-10-69-05: A request to rezone two tracts of land totaling approximately 4.41 acres from RM24 (Multi-Dwelling Residential) to RSO (Single-Dwelling Residential-Office) [Note: the request originally rezoned the tracts 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 St., and 1710 W. 7th St.). Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan. (PC recommended approved 10-0 on 12/14/05; City Commission referred the item back to the Planning Commission 12/4/07)

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 4.41 acres from the RM24 District to the RSO 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 recommendations.

KEY POINTS

• RSO District zoning is consistent with the existing use.
• The RSO zoning would lower the allowed residential density while adding professional office uses for possible development options.
• The RSO zoning is consistent with Horizon 2020 recommendation for transitions between different intensities of residential and commercial.
• The RSO zoning would be consistent with the future land use map in Horizon 2020.
• The RSO District zoning would be consistent with the recommendations of the HOP District Plan and the results of Goal 2 of the recommendations of the plan.

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 RM24 District to the RSO District is consistent with several Horizon 2020 residential policies.

ASSOCIATED CASES/OTHER ACTION REQUIRED

All zoning case related to the HOP District Plan

Z-09-53-05 C-5 to RO-1A: 0.53 acre; southeast corner of W. 7th Street and Arkansas Street [700 Arkansas & 704-704 ½ Arkansas] HOP Plan –published on 1/9/06

Z-09-54-05 C-5 to RO-1; 0.34 acre; north of W. 7th Street and east of Arkansas Street [640 Arkansas Street] HOP Plan –published on 1/9/06

Z-09-55-05 RM-1 to RO-1; 0.35 acre; north of W. 7th Street and east of Arkansas [630-32 Arkansas and 634-36 Arkansas] HOP Plan –published on 1/9/06

Z-09-56-05 RO-2 to O-1; 1.52 acres; south of W. 6th Street between Maine and Alabama Streets [1015 W. 6th Street] HOP Plan –published on 1/9/06

Z-09-57-05 RM-1 to RS-2; 2.11 acres; south of W. 6th Street between Missouri and Illinois Streets [628 Missouri, 621, 623, 616, 622 & 626 Maine, and 619, 623-23 ½ , 622 & 624 Alabama Streets] HOP Plan –published on 1/9/06

Z-10-67-05 RM-1 to RS-2; 2.15 acres north of W. 5^th Street between Wisconsin and Michigan Streets (1620, 1612, 1604, 1512, 1508, 1500 W. 5th Street; 446 Florida Street – CC approved three eastern properties to RS-2 & denied rezoning of western 4 lots to RS-2 [see Z-10-67-05A.]

Z-10-67-05A RM-2 to RS-2; 1.22 acres 1508, 1500 W. 5th Street; 446 Florida Street- published on 4/8/06

Z-10-68-05 C-5 to RM-2; 3.13 acres east of Iowa Street, between W. 6^th and W. 7^th Streets (north half of 2001 & 2021 W. 6^th Street) –published on 2/25/06

Z-10-70-05 RM-2 to RO-1A; 1.60 acres east of Wisconsin Street between W. 7^th and W. 6^th Streets (1618-20-22-24, 1610-12-14-16, 1602-04-06-08, 1617-19+23-25 W. 6^th Terrace) –published on 2/25/06

Z-10-71-05 RM-2 to RO-2; 2.27 acres north of W. 7^th Street, west of Florida Street (1611-13, 1603-05 W. 6^th Terrace; 1416 W. 7^th Street) –published on 2/25/06

Z-10-72-05 RM-3 to RM-2; 2.19 acres south of W. 7^th Street, east of Wisconsin Street (1515 W. 7^th Street) – MJL PC Denied 7-3; initiated RM-1 (approved 10-0) [see Z-12-81-05].

Z-10-73-05 RM-3 to RS-2; .70 acres of a parcel north of the intersection of W. 8^th Street and Avalon Road (1611 W. 8^th Street [NW portion]) –published on 2/25/06

Z-10-74-05 C-5 to RO-1; .84 acres at the northeast corner of Florida and W. 7^th Streets (616, 620, 624 Florida Street) - published on 2/25/06

Z-10-75-05A C-5 to RO-1A; 0.146 acre at the northwest corner of Michigan and W.7^th Streets AND south of W. 7^th Street between Michigan and Arkansas Streets (705 Arkansas) –published on 2/25/06

Z-10-75-05B C-5 to RO-1A; 2.02 acres at the northwest corner of Michigan and W.7^th Streets AND south of W. 7^th Street between Michigan and Arkansas Streets (615, 639, 645, 647 Michigan) – MJL (PC Item No. 25; PC recommended denial of the Michigan Street addresses 10-0 on 12/14/05.)

Z-10-76-05 C-5 to RM-3; 3.0 acres at the southeast corner of W. 7^th Street and Lynch Court (1407, 1411, 1421, 1431, W. 7^th Street) –published on 2/25/06

Z-10-77-05 C-5 to RO-2; .51 acres at the southwest corner of Michigan and W. 7^th Streets (701 Michigan Street) –published on 2/25/06

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

• None Received

GENERAL INFORMATION
Current Zoning and Land Use:	RM24 (Multi-Dwelling Residential) District; south half of 1803 W. 6^th St, Eagles Club; 1710 W. 7^th St, vacant
Surrounding Zoning and Land Use:	CS (Commercial Strip) District to the north; north half of the Eagles Club property, discount store, auto rental, auto detail shop, motel. RS7 (Single-Dwelling Residential) District to the south; Single-family homes. RM24 District to the west; apartment complex RMO (Multi-Dwelling Residential-Office) District to the east; duplex, 4-plex

I. ZONING AND LAND USES OF SURROUNDING PROPERTIES

The properties directly to the south are zoned RS7 and are developed with large lot, single-family residential homes. The properties to the north are zoned CS and are developed with commercial uses (discount store, rental car, auto detaining, and a motel). The property to the west of the subject properties is zoned RM24 and is developed with an apartment complex. The properties to the east of the subject properties are zoned RMO and developed with a duplex and a 4-plex.

Staff Finding – The request is to rezone approximately 4.41 acres from the RM24 District to the RSO District. The subject properties currently include the Eagles Club building and a vacant lot. The areas surrounding the subject properties are zoned CS, RM24, and RS7 Districts.

As part of the HOP District Plan recommendations, the neighborhoods were to set up a task force to study the relationship of land use and zoning of the areas identified in the plan (see Map 1), which are included in the particular neighborhood association, and located within the study area of the HOP District Plan. The plan recommended that the zoning be updated to reflect the current use. The Hillcrest Neighborhood Association studied the area in green in the Map 1 for consistency of land use with zoning. As a result of this study and meeting with property owners, the task force identified properties or portions of properties and recommended zonings as shown on Map 2. The task force requested the City Commission initiate the 10 rezonings, which contained 18 properties, as part of the implementation of the HOP District Plan. Today, 14 of the 18 properties have been rezoned. Two, 615 Michigan St. and 647 W. 7^th St. were denied because it was determined that a more appropriate zoning designation would be available in the Land Development Code, which took effect the following summer (July 2006). The two remaining properties, the subject properties, are the south portion of the Eagle’s Club property and 1710 W. 7^th Street. The Planning Commission held a public hearing on this item on December 14, 2005 and recommended approval 10-0. The property owner filed a lawsuit regarding the City Commission’s action on the site plan for a portion of the subject property. The city’s legal staff advised the CC to hold the zoning request until resolution of the lawsuit. Due to the significant time lag since the PC’s recommendation, the CC has referred the request back for an additional public hearing and recommendation. No final action by the City Commission has been completed.

Map 1

Map 2

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 properties are zoned for commercial and residential uses. The subject properties act as a transitional area between the single-family residential uses along W. 7^th Street and the commercial uses along W. 6^th Street. In the early history of this area, US Hwy 40 was aligned along W. 7^th Street. In the 1950’s it was relocated along the W. 6^th Street alignment thus leaving W. 7^th Street with highway orientated zonings and uses. This area has begun to redevelop. This redevelopment has highlighted incompatibilities between existing development and what is permitted in the current zoning districts. The result was the HOP District Plan which states the purpose of the plan is to “…provide direction for infill and redevelopment of residential and commercial properties while preserving the character of the district, its historic environs for the neighboring historic register district, and properties within the neighborhoods.”

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

The subject properties are currently zoned for multiple-family residential use. According to the Land Development Code, the RM24 District requires a minimum lot area of 6,000 square feet and allows up to 24 dwelling units per acre for residential development. The general purpose of the RM districts are intended “…to create, maintain and promote higher density housing opportunities in areas with good transportation access”.

The request is to rezone the subject properties to the RSO District, which requires a minimum lot area of 5,000 square feet and allows up to 15 dwelling units per acre for residential development and for the development of professional office uses. The primary purpose of the RSO district is “…to accommodate low to medium intensity administrative and professional offices that are compatible with the character of low and medium-density residential neighborhoods. The District is also intended to be used as a transitional Zoning District between higher intensity commercial areas and residential neighborhoods.”

Staff Finding – Currently the western most of the two properties, the Eagles Club, is split between the CS District and the RM24 District zonings. The north half of the property is zoned CS District and the south half, which contains the structure, is zoned RM24 District. The vacant property on the east side of this request is zoned entirely RM24 District. The RSO District zoning would allow development and redevelopment of various community facility uses, residential development up to 15 units per acre, and/or professional office uses, subject to any additional applicable regulation in the Land Development Code. The RSO District zoning is more suitable based on its purpose statement than the RM24 zoning is for these properties which form a transition between the W. 6^th Street commercial uses and Hillcrest neighborhood uses. The existing Eagle’s Club use would be an allowed use under the RSO District with a special use permit. The Eagle’s Club would be grandfathered in as an existing use and would not require a special use permit unless a substantial change is made.

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

Staff Finding - The north half of the Eagles Club property was zoned C-5 District and the south half of the Eagles Club property and the vacant property (1710 W. 7^th St) were zoned RM-2 since the adoption of the 1966 City of Lawrence Zoning Ordinance until the adoption of the current Land Development Code in July 2006. The C-5 District converted to the CS District and the RM-2 District converted to the RM24 District.

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

Staff Finding –The RSO District is more restrictive as far as the residential density permitted but additionally permits professional office uses. The proposed zoning would be an appropriate transition between the commercial development along W. 6^th Street and the single-family residential development on the south side of W. 7^th Street. The proposed zoning change would not detrimentally affect the nearby properties but help to protect them by providing the appropriate transitions of uses.

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 RM24 District designation, there is the potential to redevelop with a residential density of 24 units per acre in the form of multi-dwelling structures. The proposed RSO District zoning will allow a maximum density of 15 dwelling units per acre in the form of single-family, duplex, and attached dwellings with the addition of administrative and professional office uses. The residential and office uses could be combined into one structure providing a variety of uses on one lot. The proposed rezoning would allow the creation of a reasonable transition of 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-density residential uses and the associated traffic will not filter into the neighborhood. The low to medium-density multiple-family residential and office uses will maintain an appropriate transition between the commercial and lower-density residential uses and protect the abutting properties.

VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN

The subject property is located along the north side of W. 7^th 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)

COMMERCIAL LAND USE GOALS AND POLICIES

GOAL 2: Compatible Transition from Commercial Development to Less Intensive Uses (Page 6-27)

Policy 2.5 Office, Research and Semi-Public Development as Transitional Use (Page 6-29)

Staff Finding – The rezoning conforms to several Horizon 2020 policies related to residential and commercial land uses and transitions between more and less intensive land uses. The subject properties’ rezonings will allow for the development of appropriate transitions in the area between the commercial uses along W. 6^th Street and single-family residential along W. 7^th 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. 7^th Street, between Iowa and Wisconsin Streets. As previously stated, land uses surrounding the properties include single-family homes, the Eagles Club, a discount store, an auto rental shop, an auto detailing shop, and a motel. The proposed zoning will allow development and/or redevelopment at a residential density compatible with adjacent residential land uses and additionally develop professional office uses, subject any applicable regulations in the Land Development Code. It is also important to note that the rezoning conforms to several Horizon 2020 policies.

This rezoning request is the result of the implementation of the HOP District Plan. The history on this issue dates back to 2004 when the City Commission denied a site plan for apartments at 1710 W. 7^th Street. This proposal triggered the area neighborhoods (Hillcrest, Old West Lawrence and Pinckney) to request a plan be initiated to study an area of which all three neighborhoods are part of. The plan was specifically requested for the following reasons: a proposed multiple-family development within the area was not included in a neighborhood association, a need for updated zoning, and to protect and enhance the area. The property owner for 1710 W. 7^th Street went on to appeal the denial of the site plan by the City Commission. Staff and the neighborhoods worked to draft the HOP District Plan and on May 10, 2005, the City Commission approved the plan and directed staff to work with the neighborhoods on the implementation of the plan. The implementation section of the plan contains the following:

· GOAL 1: Preserve and improve commercial urban core and adjacent historical residential neighborhoods by encouraging aesthetically appealing redevelopment through design standards.

- Create design guideline task force.

- Establish design guidelines (Commercial and/or Residential).

- Create overlay zone(s).

· GOAL 2: Encourage redevelopment and support compatible mixed-use development.

- Create zoning task force.

- Review identified areas for land use and zoning.

- Conduct meetings with affected property owners (2-5).

- Rezoning(s) based on recommendations.

· GOAL 3: Promote identification of the district as a gateway to downtown and as a medical entryway for community medical services.

- Create identification task force.

- Contact LHM representatives regarding signage.

- Incorporate streetscape items and pedestrian scale items into district

- Promote the district as a medical campus (Cooperation with the Chamber of Commerce).

After the approval of the plan, the neighborhood task forces and planning staff worked together to begin the implementation of Goal 2. The task force from each neighborhood worked to study the identified areas as shown in Map 1 and held property owner meetings. In September 2005 the Old West Neighborhood task force requested initiation of 5 rezonings that included 16 properties. In October 2005, both the Hillcrest and the Pinckney Neighborhood task force requested initiation of rezonings. Hillcrest requested 10 rezonings that included 16 properties or portions of properties, and Pinckney requested 1 rezoning that included 7 properties. Total there were 16 rezonings initiated which included 39 properties or portions of properties. Map 3 shows the status of all of the initiated rezonings. There are two of the rezonings that were split from the original request. The properties shown on Map 4 at the northwest of the intersection of W. 7^th and Michigan Streets (615, 639, 645, and 647 Michigan St.) were denied rezoning because it was felt that the Land Development Code could offer a retail/commercial mix district unavailable in the existing code at that time. These properties were to be revisited after the adoption of the Land Development Code. The properties shown on Map 4 along W. 5^th Street between Wisconsin and Florida Streets were split from the original request and the western 4 properties were denied because of a valid protest petition from 2 of the 4 property owners. One of the properties would become nonconforming and the other the property owner did not wish to rezone.

Map 3

Map 4

The subject properties are the last of the original task force requests and the last step to complete Goal 2 of the recommendations. This request was originally heard by the Planning Commission on December 14, 2005 where it was recommended for approval 10-0. The request was set to go to the City Commission on January 10, 2006 but was removed from the agenda because of pending litigation regarding the site plan denial for 1710 W. 7^th Street. The litigation commenced October 15, 2007 with the property owner not filing an appeal. It has been over two years since the original public hearing on the request. Because the City Commission had not take any action on the PC recommendation, staff requested that the CC refer the item back to the PC because of the amount of time that has passed since the original PC hearing, the city has a new zoning code, both the city and the planning commissions have new commissioners, and it is possible that area property owners have changed. By rehearing this item, it also allowed staff to renotify area property owners regarding the public hearing.