PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

 

ITEM NO. 5 :       IG TO RS7;  .6 acres; 315 Perry Street, 309 Perry Street, and 528 N 3rd Street (DDW)

 

Z-12-18-10:  Consider a request to rezone approximately .6 acres, from IG (General Industrial) District to RS7 (Single-Dwelling Residential) District, located at 315 Perry Street, 309 Perry Street and 528 N. 3rd Street.  Robert Geddings, Pete Neuhaus, and Lindsey Redman, property owners of record.  Initiated by the Lawrence-Douglas County Planning Commission on December 13, 2010.

 

STAFF RECOMMENDATION: Staff recommends:

Approval of the rezoning request for approximately .6 acres, from IG (General Industrial) District to RS7 (Single-Dwelling Residential) 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.

 

 

REASON FOR REQUEST

The subject parcels are single-family uses in an industrial zoning district.  Single-family uses are not permitted in the industrial zoning district.  The request is to change the zoning to reflect the actual use of the properties and make them conforming uses under the Land Development Code.

 

The Planning Commission initiated the rezoning of these properties after staff contacted the property owners to gauge their interest in rezoning to a residential district.  The Commission had originally directed staff to contact those properties as part of the approval process for 302 Perry Street when it was rezoned from an industrial district to a residential district in August, 2010.  Staff also contacted 312 Perry Street, but was unable to secure approval from the property owner at this time. 

 

KEY POINTS

·         The Planning Commission initiated this action to rezone the properties to RS7 to make them a conforming use.  The property owners agree to the rezoning.

·         The properties are platted.

·         The properties are within Zone X, Protected by Levee as of August 5, 2010.  The properties are not located within the regulatory floodplain.

·         The south side of the 200 block of Perry Street was rezoned from IG to RS7 in 2005 (Z-05-34-05).

·         302 Perry Street was rezoned to from IG to RS7 on August 10, 2010 (Z-5-6-10).

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         The surrounding area is developed with a mixture of residential and nonresidential land uses.  The immediate area surrounding the properties is developed with single-family uses to the west, north and south.  An adult day care use is located east of the subject properties.

 

CONFORMANCE WITH HORIZON 2020

§  The proposed rezoning request from IG (General Industrial) District to RS7 (Single-Dwelling Residential) District is consistent with land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         City Commission approval of the rezoning request and publication of ordinance.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment received prior to printing.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

 

Surrounding Zoning and Land Use:

IG (General Industrial) District; single family homes.

 

 

To the north: RS7 (Single-Dwelling Residential) District; single family homes.

 

To the east: IG (General Industrial) District; adult day care use – approved through SP-9-42-09.

 

To the south: RS7 (Single-Dwelling Residential) District and IG (General Industrial) District; single family homes.

 

To the west: RS5 (Single-Dwelling Residential) District; single family homes.

 

 

Project Summary

The subject properties are single-family uses.  The properties are residential uses in an industrial district, and as such, are not conforming uses under today’s regulations.  The Planning Commission initiated the rezoning of these properties in order to make the properties conforming uses.  The property owners agree with this request.  The south side of the 200 block of Perry Street was rezoned from IG to RS7 in 2005 to eliminate the non-conforming use status of those properties. 302 Perry Street was rezoned to from IG to RS7 on August 10, 2010 for the same reason.

 

REVIEW & DECISION-MAKING CRITERIA

 

CONFORMANCE WITH THE COMPREHENSIVE PLAN

The following section of Horizon 2020 relates to this rezoning request (staff comments are in italics):

 

Chapter 5 – Residential Land Use:  

Goal 3: Neighborhood Conservation:

The character and appearance of existing low-density residential neighborhoods should be protected and improvements made where necessary to maintain the values of property and enhance the quality of life. (Page 5-15)

 

Rezoning the property to RS7 would be in conformance with the Neighborhood Conservation goal in Horizon 2020.

 

Policy 3.2: Protect Existing Housing Stock:

(b) Preserve existing dwellings. (Page 5-15)

 

Staff Finding -- The proposed rezoning request conforms with the Horizon 2020 goals and policies related to neighborhood conservation.

 

ZONING AND LAND USES OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

 

Staff Finding  -- The area contains a mixture of residential and nonresidential land uses. Single-family residences are located west of the subject properties on RS5 zoned property, and north and south on RS7 zoned property. An adult day care use that has received site plan approval is located east of the properties on IG zoned property and there is one residential property zoned IG south of the subject properties.

 

The subject properties are not encumbered by any portion of the regulatory floodplain.

 

CHARACTER OF THE AREA

The immediate character of the area is most recognizable as residential with single-family homes on individual lots. The subject property abuts other single-family homes.

 

Staff Finding – The area contains a mixture of residential and nonresidential uses, but the immediate area is primarily single-family residential uses.

 

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

 

Horizon 2020 identifies future plans for the general area as appropriate for low density residential uses. A neighborhood plan was completed for North Lawrence in 1981 and an area wide drainage study was completed in January 2006.

 

In Chapter 3 of the North Lawrence Neighborhood Plan, General Goal C. is "To solicit and encourage the participation of North Lawrence residents and property owners in the planning, development, and maintenance of the neighborhood".  The property owners have agreed to the initiating of this rezoning which will help to maintain the residential character of the neighborhood.

 

In the same chapter, Residential Objective B. states "Encourage the preservation of the structurally sound older housing stock".  Staff has found that the nonconforming status has resulted in barriers to refinancing or selling homes in the industrial district.

 

Other goals and objects listed in the North Lawrence Neighborhood Plan also support this application.

 

Staff Finding – Approval of the request is consistent with land use plans for the area.

 

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

 

The subject properties are currently zoned for industrial uses.  According to the Land Development Code for the City of Lawrence, the purpose of the IG (General Industrial) District is “primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. The District is generally incompatible with residential areas and low-intensity commercial areas.”

 

This part of North Lawrence was platted with small lots which do not easily support industrial land uses.  Further, the current zoning does not reflect the existing land use.  The properties are existing single-family dwellings.  The properties are also surrounded on three sides by single-family dwellings.

 

Staff Finding – The subject properties are not suitably zoned given the existing use of the properties and the surrounding residential land use.

 

LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The subject properties are zoned IG and have been developed as residential uses since 1900-1920.

 

EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

Approval of the proposed request will result in a reduction of allowed uses and increase the boundary of the RS7 district within the overall neighborhood area, which restricts land use to single-family homes on individual lots. Nearby property will not be directly affected. If approved, redevelopment of abutting lots with nonresidential zoning may be required to address screening of residential lots in the future. The uses to the north, south and west include similar existing single-family homes. The immediate property to the east is an adult day care use on IG zoned property.

 

Staff Finding – The impact on nearby property is one of perspective given the surrounding residential uses. Approval of the proposed change would be beneficial for those properties currently used for single-family housing in the immediate area. The proposed change provides the ability to obtain reasonable home insurance and will act as protection against encroachment of non-residential activities in the immediate area. Regulations added as a result of this rezoning would include the review and regulations applicable to any parcels used as rental housing.

 

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

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.

 

If the rezoning were denied, the properties would remain non-conforming as zoned for industrial uses. As the properties have a very long history as single family uses and the immediate surrounding area is predominately single-family homes, encroachment of industrial development allowed by the current zoning would not be appropriate. The residential zoning will insure that the properties will remain single family homes, which will minimize any negative impacts on the neighborhood that could occur with the industrial zoning.

 

Staff Finding – There would be no gain to the public and there would be a hardship to the landowner in the denial of the rezoning request. The rezoning request will assign an appropriate land use designation to the properties for the current and intended land use as a single family home.

 

Staff Analysis

Rezoning this property will result in the property to the south (312 Perry Street) being the only residential use left in the 300 block of Perry Street zoned as IG.  Staff has contacted an agent for that property to see if the owner has an interest in having the property rezoned.  At this time, the property owner is considering the rezoning request.  Staff will bring that request forward if the property owner agrees to move forward.

 

Upon rezoning to the RS7 District, 315 Perry Street will become nonconforming to the minimum lot area, lot width, and setback requirements of the RS7 District (similar to its current status in IG), but will become a conforming use.

 

PROFESSIONAL STAFF RECOMMENDATION

Staff recommends approval of the rezoning to the RS7 District as it is an appropriate zoning district for the subject properties. The single-family zoning district matches the existing, and long-term, use of the properties.  Therefore, this is an appropriate zoning district for these properties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1. Base Zoning Districts in nearby area. The block rezoned to the RS-7 District in 2005, and 302 Perry rezoned to RS7 in 2010 are outlined in yellow.  The properties which are the subject of this rezoning request are outlined in blue.