PLANNING COMMISSION REPORT
Regular Agenda – Public Hearing Item
PC Staff Report
3/25/13
ITEM NO. 4: CS TO RS5; 9,750 square feet; 306 Elm Street (DDW)
Z-13-00061: Consider a request to rezone approximately 9,750 square feet, from CS (Commercial Strip) District to RS5 (Single-Dwelling Residential) District, located at 306 Elm Street. Patience, LLC and Keljon of Lawrence, LLC, property owners of record. Initiated by the Lawrence-Douglas County Planning Commission on February 19, 2013.
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STAFF RECOMMENDATION: Staff recommends approval of the rezoning request for approximately 9,750 square feet, from CS (Commercial Strip) 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. |
KEY POINTS
· The intent of this proposal is to rezone the property to RS5 to make it a conforming use.
· The property is platted.
· A portion of the property is located within the environs of the Union Pacific Depot, which is listed on the State Historic Register.
· There have recently been similar rezoning cases in North Lawrence that rezoned properties from industrial to residential.
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 property is developed with single-family uses to the north and east. There are commercial uses to the west and northwest. The Kansas River is south of the subject property.
CONFORMANCE WITH HORIZON 2020
§ The proposed rezoning request from CS (Commercial Strip) 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.
· This project requires review under the State Preservation Law K.S.A. 75-2724 as it is located in the environs of the Union Pacific Depot listed in the Register of Historic Kansas Places. The property has historically been used as residential property and rezoning to a residential zoning district will have no adverse effect on the listed property. This rezoning will be administratively approved by the HRA and will be confirmed by the HRC on April 18, 2013. See DR-13-00074.
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 single-family use since approximately 1870. A structure was recently demolished and there is a new single-dwelling structure being constructed on the property. The industrial zoning and the legal non-conforming status may make it difficult to insure, refinance or sell the property in the future. The zoning change to single-dwelling residential district reflects the actual use of the property and makes the use conforming under the Land Development Code.
GENERAL INFORMATION
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Current Zoning and Land Use:
Surrounding Zoning and Land Use: |
CS (Commercial Strip) District; single-family residence.
To the north: -- CS (Commercial Strip) District; single-dwelling residences.
To the east: RS5 (Single-Dwelling Residential) District; single-dwelling residence.
To the south: OS (Open Space) District; Kansas River levee.
To the west: CS (Commercial Strip) District and OS (Open Space) District; commercial building and Kansas River levee.
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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 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.
2. ZONING AND LAND USES OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
Staff Finding -- The area contains a mixture of residential and nonresidential uses, and the Kansas River. Single-family residences are located north and east of the subject property on CS and RS5 zoned property. Commercial businesses are located further west and northwest of the subject property, on CS and IG (General Industrial) District zoned property.
3. 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 another single-family home to the east.
Staff Finding – The area contains a mixture of residential and nonresidential uses, but the immediate area is primarily single-family residential 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 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". Rezoning to RS5 will help to maintain the residential character of the neighborhood.
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.
5. 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 commercial uses. According to the Land Development Code for the City of Lawrence, the purpose of the CS District, in part, is: “primarily intended to provide for existing commercial strip development along the City Major Arterial Streets.”
This part of North Lawrence was platted with small lots which do not easily support commercial land uses. Further, the current zoning does not reflect the existing land use. The property contains an existing single-family dwelling. The property is also adjacent to single-family dwellings.
Staff Finding – The subject property is not suitably zoned given the existing use of the property and the surrounding residential land use.
6. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is zoned CS and has been developed as a residential use since approximately 1870.
7. 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 and east include similar existing single-family homes. The area to the west includes a small commercial building on a very small lot.
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.
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 property would remain non-conforming as zoned for commercial uses. As the property has a long history as a single family use and the immediate surrounding area is predominately single-family homes, encroachment of commercial development allowed by the current zoning would not be appropriate. The residential zoning will insure that the property will remain a single family home, which will minimize any negative impacts on the neighborhood that could occur with potential commercial 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 property for its current and intended land use as a single family home.
9. PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the rezoning to the RS5 District as it is an appropriate zoning district for the subject property. The single-family zoning district matches the existing, and long-term, use of the property. Therefore, this is an appropriate zoning district for the property.
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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. |
