PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

5/25/11

 

ITEM NO. 12:     IG TO RS5; .3 acres; 525 and 527 N 7th Street (DDW)

 

Z-3-11-11:  Consider a request to rezone approximately .3 acres, from IG (General Industrial) District to RS5 (Single-Dwelling Residential) District, located at 525 and 527 N 7th Street.  Nieder Properties, Inc, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends:

1.) Approval of the rezoning request for approximately .3 acres, from IG (General Industrial) District to RS5 (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.

2.) If appropriate, the Planning Commission may further direct staff to contact other single family developed property owners in the 500 block of N 7th Street to determine interest in rezoning to RS5.

 

KEY POINTS

·         The intent of the applicant is to rezone the property to RS5 to make it a conforming use and permit the construction of garages.

·         The properties are platted.

·         The properties are located within the AE, 100 Year Flood Zone as of August 5, 2010.

·         In order to construct garages in the future, the property owner will have to replat and obtain floodplain development permits.

 

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 north, south, west and east.  Industrial uses are also located further west of the subject properties.

 

CONFORMANCE WITH HORIZON 2020

§  The proposed rezoning request from IG (General Industrial) District to RS5 (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 written comments received prior to the publishing of this staff report.

 

 

 

Project Summary

The subject parcels have been single-family uses since the late approximately 1945.  The request also includes vacated street right-of-way between the two lots.  The applicant also wishes to construct garages for the two properties.  Further, the industrial zoning and the legal non-conforming status may make it difficult to insure, refinance or sell the properties.  The zoning change to single-dwelling residential district reflects the actual use of the property and makes them conforming uses under the Land Development Code.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

 

Surrounding Zoning and Land Use:

IG (General Industrial) District; two single-family residences.

 

To the north: -- IG (General Industrial) District; single family homes.

 

To the east: IG (General Industrial) District; single family homes and vacant land.

 

To the south: IG (General Industrial) District; single family homes.

 

To the west: IG (General Industrial) District; single family home.

 

 

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 RS5 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 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, nonresidential, and vacant land uses.  Single-family residences are located north, south, east and west of the properties on IG zoned property.  Industrial businesses are located south and further west of the subject properties, also on IG zoned property.

 

Much of the area is encumbered by 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 owner has initiated 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". 

 

Other goals and objectives 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 property is 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 property contains two existing single-family dwellings.  The properties are also surrounded on four 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 property is zoned IG and developed as a residential use since the late 1800’s.

 

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 number of properties zoned RS5 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, west and east include similar existing single-family homes. The area further west includes industrial uses.

 

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 a 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 potential industrial uses.

 

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 their current and intended land use as single family homes.

 

Staff Analysis

Rezoning these properties to the RS5 District will leave other property developed as single family uses along N. 7th Street zoned as IG.  It would be reasonable to suggest that these properties should also be rezoned to remove the non-conforming status.  The Planning Commission may either consider initiating the rezoning or instruct staff to contact the other property owners to see there is an interest in having their property rezoned to residential designations.  This potential additional rezoning should be limited only to those properties that are developed with single-family or other uses appropriate for a single family zoning district.

 

PROFESSIONAL STAFF RECOMMENDATION

Staff recommends approval of the rezoning to the RS5 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 the properties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1. Base Zoning Districts in nearby area. The boundary of the property which is the subject of this rezoning request is outlined in blue.