PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

3/25/13

 

ITEM NO. 2:        UR TO CS; 1.8 acres; 2200 E. 23rd Street (DDW)

 

Z-13-00038:  Consider a request to rezone approximately 1.8 acres, from UR (Urban Reserve) District to CS (Commercial Strip) District, located at 2200 E. 23rd Street.  Gwaltney Properties (Mark Gwaltney), property owner of record. Initiated by the Lawrence City Commission on February 5, 2013.

 

STAFF RECOMMENDATION: Staff recommends approval of the rezoning request for approximately 1.8 acres, from UR (Urban Reserve) District to CS (Commercial Strip) 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.

 

KEY POINTS

·         The intent of this rezoning proposal is to rezone the property to the CS District to reflect the existing use of the property.

·         The property is not platted.

·         The properties west of the subject property are zoned CS (Commercial Strip).

·         The property at 2206 E. 23rd Street is also being proposed for rezoning from the RS10 District to the CS District (Z-13-00039).

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         The surrounding area is developed with a mixture of commercial, industrial and residential land uses.  The immediate area surrounding the property is developed with commercial uses to the north.  There is residential uses and vacant land (planned residential and commercial uses) to the south.  There is vacant land to the north and east.  The former Farmland Industries property is north and east.  It is planned for future employment related uses.

 

CONFORMANCE WITH HORIZON 2020

§  The proposed rezoning request from UR (Urban Reserve) District to CS (Commercial Strip) 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 parcel has been a commercial use since at least 1950.  The property was annexed in the 1970’s and was not assigned a City zoning district at that time.  The property was converted to the UR District in 2006 with the adoption of the Land Development Code.  The UR District is a holding district for properties annexed into Lawrence and does not permit the expansion of commercial uses on the property. The zoning change to the CS District reflects the actual use of the property and makes the use conforming under the Land Development Code.

 

Prior to any new development activity, the property will need to be platted in compliance with the subdivision regulations.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

Surrounding Zoning and Land Use:

UR (Urban Reserve) District; commercial use.

 

To the north: -- IM (Medium Industrial) District; vacant land.

 

To the east: RS10 (Single-Dwelling Residential) District [proposed to CS]; private lodge.

 

To the south: PRD (Planned Residential) District and CO (Commercial Office) District; vacant land.

 

To the west: CS (Commercial Strip) District; commercial.

 

 

REVIEW & DECISION-MAKING CRITERIA

 

1.   CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

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

 

Chapter 6 – Commercial Land Use:  

The Plan’s goal is to strengthen and reinforce the role and function of existing commercial areas within Lawrence and Douglas County and promote economically sound and attractive new commercial development and redevelopment in selected locations. (top of Page 6-1)

 

Rezoning the property to CS would be in conformance with Horizon 2020’s goal to strengthen and reinforce the role and function of existing commercial areas within Lawrence.  The CS District would allow this existing commercial property to remain commercial in the future.

 

Staff Finding -- The proposed rezoning request conforms with Horizon 2020 goals and policies related to strengthening and reinforcing existing commercial areas.

 

2.   ZONING AND LAND USES OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

 

Staff Finding  -- The area contains a mixture of residential, commercial, industrial, and vacant land uses.  Commercial uses are located west of the property on CS zoned property.  Industrial planned vacant land is located north and east of the subject property, on IM and IG (General Industrial) District zoned property.  Future planned residential and future commercial vacant land is located south of the subject property on PRD and CO zoned property.

 

3.   CHARACTER OF THE AREA

 

The immediate character of the area is most recognizable as nonresidential area with commercial uses and planned employment uses.

 

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

 

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

 

Horizon 2020 identifies the area for future nonresidential land uses.  The Farmland Industries Redevelopment Plan designates the area north and east of the property as a future employment center.  Commercial uses adjacent to the employment area can serve to support the future employment area.

 

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

 

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

 

The subject property is zoned UR which limits the use of the property to the use it was at the time of annexation.  As such, the property cannot change uses nor expand without rezoning.  According to the Land Development Code for the City of Lawrence, “The only Principle Uses allowed in the UR District are Crop Agriculture and any lawful use(s) in existence immediately prior to annexation with the exception of billboard signs”.

 

The immediate area surrounding this property is zoned for commercial and industrial land uses.  The area directly west of the subject property is zoned CS.  Permitting additional commercial uses on the subject property is consistent with the surrounding area.

 

Staff Finding – The subject property is not suitably zoned given the existing use of the property and the surrounding existing and planned nonresidential land uses.

 

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

 

Staff Finding – The subject property in not vacant.  The property is zoned UR and has been developed as a commercial use since approximately 1950.

 

7.   EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

 

Approval of the proposed request will result in an increase of allowed commercial uses on the subject property.  The property is an existing commercial use and the immediate area is zoned and planned for nonresidential land uses.  Nearby properties will not be directly affected.

 

Staff Finding – There is no anticipated impact on nearby properties.

 

8.   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 use of the property would remain limited as zoned UR. As the property has a very long history as a commercial use and the immediate surrounding area is nonresidential uses, permitting expanded commercial uses on the property is appropriate.

 

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 property for its current and intended land use as a commercial use.

 

9.   PROFESSIONAL STAFF RECOMMENDATION

 

Staff recommends approval of the rezoning to the CS District as it is an appropriate zoning district for the subject property. The commercial zoning district matches the existing, and long-term, use of the property.  Therefore, this is an appropriate zoning district for the property.

 

 

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.  The property outlined in yellow is also proposed for rezoning (Z-13-00039).