PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

3/24/08

ITEM NO. 6B: RS7 TO GPI; 4.09 ACRES; 1430 Haskell Ave. (MKM)

Z-01-04-08: A request to rezone a tract of land approximately 4.09 acres, from RS-7 (Single-Dwelling Residential) to GPI (General Public and Institutional). The property is located at 1430 Haskell Ave. Submitted by Landplan Engineering PA, for Lawrence Public Schools USD 497, property owner of record.

STAFF RECOMMENDATION: Staff recommends approval of the rezoning request [Z-01-04-08] for approximately 4.09 acres from RS7 (Single-dwelling Residential) District to GPI (General Public and Institutional Use) 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.

Applicant’s reason for request: “The new development code changed all the school property from RS to GPI. At the time of the rezoning the property was not used as a school but a vacant building. The school district at this time uses the property for the early childhood development.”

KEY POINTS

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

· The property is located within an established residential neighborhood with a variety of lot sizes. There are several parks in the area; Brook Creek Park, Edgewood Park, East Lawrence Recreation Center and the future park along the abandoned rail line are all located within 800 ft of the subject property.

CONFORMANCE WITH HORIZON 2020

§ The proposed rezoning request from RS7 to GPI is consistent with land use recommendations found in Horizon 2020.

ASSOCIATED CASES/OTHER ACTION REQUIRED

§ Approval of rezoning request by the City Commission and publication of ordinance.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· No public comment was received.

GENERAL INFORMATION

Current Zoning and Land Use:	RS7 (Single-dwelling Residential) District; Early Childhood Family Center
Surrounding Zoning and Land Use:	To the north and south: RS7 (Single-dwelling Residential) District; large lot single-dwelling residences. To the east: RS5 (Single-Dwelling Residential) District; established single-family neighborhood; and RM12D (Multi-Dwelling Residential) District; duplexes. To the west: RS7 (Single-Dwelling Residential) District; Single-Dwelling Residences.

I. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

“This school at the time of Horizon 2020 was an elementary school and the only change is to a different type of school use.”

Horizon 2020 discusses educational facilities in Chapter Ten – Community Facilities. “The Plan therefore regards areas shown for the various residential categories as appropriate for many public and semi-public uses, provided access and buffering are considered in their location.” The GPI (General Public and Institutional Use) District was established with the Development Code to accommodate institutional uses occupying significant land areas. The district regulations are designed to offer the institution maximum flexibility for patterns of uses within the district while ensuring that uses and development patterns along the edges of the district are compatible with adjoining land uses. The GPI District is primarily intended to occur along arterial and collector streets. The GPI District is intended to insure that access and buffering are considered in the location of general public and institutional uses and also to allow the zoning map to accurately reflect institutional uses of property.

Staff Finding -- Zoning the property GPI is in conformance with the recommendations of the comprehensive plan.

II.     ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

Staff Finding -- The subject property is located within an established residential neighborhood. The predominate zoning is RS7 and RS5 with a variety of lot sizes ranging from 5,000 sq. ft. to 4.7 acres. There is a small RM12D zoning district with a few duplexes to the east of the property. The block to the west of the school contains single dwelling residences on the east side (RS7 zoning) and apartments on the west side (RM12 zoning).

There are several parks in the immediate area which are zoned OS (Open Space).

III. CHARACTER OF THE NEIGHBORHOOD

The property is located within an established single-family neighborhood which contains a variety of dwelling types and lot sizes as well as ample amounts of nearby open space.

Staff Finding -- The area is a mixed density residential neighborhood with several parks nearby.

IV. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY

This area has been the subject of several area or sector plans. The Far East Lawrence Plan (Brook Creek), adopted in November, 1981 shows the future land use of this property as ‘Public/Quasi Public’. The East Lawrence Neighborhood Revitalization Plan (Brook Creek), adopted 11/2000, contains Primary Neighborhood Goals. Goal 4 is to “Support Neighborhood Institutions & Programs and Preserve, Retain & Improve Existing Activity Centers. East Heights School was listed as one of the East Lawrence Neighborhood Activity Centers and Neighborhood Schools were included in the list of Neighborhood Institutions. (page 12).

The current land use is a early childhood development center which is a public/quasi public land use. The School Board decided to close East Heights Elementary School and the structure was converted to the district’s early childhood development center. The structure retained its role as an activity center and as a neighborhood institution. The current use is compliant with the area plans that have been adopted for East Lawrence.

Staff Finding -- The use is compliant with the land use recommended in the Future Land Use Map in Horizon 2020 as well as the land use recommended in the Far East Lawrence Future Land Use Map and the goals listed in the East Lawrence Revitalization Plan.

V.   SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

Applicant’s response:

“The district regulation is designed to offer the institution maximum flexibility for patterns of uses within the district while ensuring that uses and development patterns are compatible with adjoining land uses.”

The subject property is zoned RS7 (Single-Dwelling Residential) District. Per the Permitted Use Table in Section 20-402 a school requires a Special Use Permit in the residential zoning districts. Schools are permitted by right in the Commercial Zoning Districts and the GPI District. As this is public school property, and commercial uses are not proposed for this property; the GPI (General Public and Institutional Use) District would be the appropriate district.

Staff Finding -- A school requires approval of a Special Use Permit in the Residential Zoning Districts, but is permitted by right in the Commercial and GPI Districts. As the area will continue to be used as a public school the GPI District is the appropriate zoning district.

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

Applicant’s response:

“This property has not been vacant but used as a school starting in 1954 before City Codes were developed.”

Staff Finding – East Heights Elementary School was developed prior to the adoption of the 1966 Zoning Ordinance and has been used as an elementary school until 2002 when it was converted to consolidate the district’s classroom-based early childhood programs.

VII. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

Applicant’s response:

“This zoning change will not be detrimental to the nearby properties. The school use has been there starting in 1954. The surrounding properties were constructed after the school was constructed.”

The rezoning will assign a zoning district in which a public school is a permitted use and will relieve the school of the requirement to obtain a Special Use Permit. The rezoning request is intended to zone the property so the zoning accurately reflects the school use. There is no change proposed to the property associated with this rezoning.

Staff Finding –

This rezoning will assign a zoning district which accurately reflects the existing use of the property. There is no physical change being proposed with this rezoning; therefore the rezoning would have no detrimental impact on surrounding properties.

VIII. THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT OF THE DENIAL OF THE APPLICATION

Applicant’s response:

“The gain to the public is a large tract of land used to educate the youth of the community and the hardship would be this area to develop in residential use and the school district would need to find property somewhere else in the area to develop.”

Evaluation of these criteria includes weighing the benefits to the public versus the benefits of the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare.

Staff Finding -- The benefit to the public health, safety and welfare would be the provision of accurate zoning information regarding the actual use of the property. The hardship to the landowner if the zoning were denied would be that any future improvements to the school would require a Special Use Permit.

STAFF REVIEW

1430 Haskell contains East Heights, the school district’s early childhood development center. This facility was formerly the East Heights Elementary School. The applicant requested rezoning to the GPI District so the zoning would accurately reflect the land use and so that the zoning of all the school properties would be consistent. Currently schools are permitted in the residential district with a Special Use Permit. This property was platted and site planned under the previous Zoning Ordinance. If any additions or modifications are proposed for the site under the present zoning it would be necessary to obtain a Special Use Permit. Rezoning to the GPI District would allow the school to expand or improve their facilities without the need for a Special Use Permit.

The Permitted Use Table in Section 20-403 lists the uses permitted in the non-residential zoning districts. ‘Multi-Dwelling Structures’ and retail sales and service defined as ‘Personal Improvement’ are listed as permitted uses in the GPI District. A text amendment is being initiated to remove these uses from the GPI (General Public and Institutional Use) District. Tom Bracciano, the Division Director of Operations and Facility Planning for the School District, stated that the School District requested the rezoning so all the school properties would be zoned the same and stated that they intend on maintaining the school use of the property.

IX. PROFESSIONAL STAFF RECOMMENDATION

Staff recommends approval of the rezoning request for 1430 Haskell Avenue from RS7 (Single-Dwelling Residential) District to the GPI (General Public and Institutional Use) District so the zoning classification will accurately reflect the land use and the School District’s properties may be consistently zoned.