Memorandum

City of Lawrence

Planning and Development Services Department

 

TO:

Thomas M. Markus, City Manager

FROM:

Planning Staff

DATE:

April 12, 2016

RE:

Addendum to Staff Memo on RS5 Zoning History in North Lawrence, dated July 28, 2015

 

Background

At the August 18, 2015 City Commission Meeting the Commission received a request from the North Lawrence Improvement Association to review the RS5 zoned areas in the North Lawrence neighborhood (Regular Agenda Item 7).  Ted Boyle, President of North Lawrence Improvement Association, focused on the following issues during his presentation:

1) Consider a moratorium on further development or possible rezoning of the RS5 areas to another single-family district that requires a larger lot size such as the RS7 District, which exists in much of the rest of the neighborhood;

2) The impact upon the storm water system and the neighborhood caused from allowing residential development on these small lots; and,

3) The development standards for RS5 zoning allows too much building coverage, pavement and structure height which is not consistent with the residential development patterns found in North Lawrence. 

 

Following discussion, the item was deferred for city staff to look into these identified concerns and prepare a response memo.

 

1.    Consider rezoning RS5 areas to RS7:

In staff’s opinion, it is not appropriate to rezone the existing RS5 zoned areas in North Lawrence to another single-dwelling residential district that uses a larger lot size standard than the RS5 District because it unnecessarily creates a large number of nonconforming lots.  When the Development Code was adopted in 2006, several new single-dwelling residential districts were included to offer more options for small lot residential development.  It was done with intent to fix an identified need for the Development Code to offer more low density residential zoning options than before.  The new single-dwelling residential districts establish smaller minimum lot size requirements, which are more compatible with platted lot sizes found in the City’s Original Townsite and other older platted areas in the City. 

 

One reason for creating these smaller lot-size single-dwelling residential zoning districts was aimed at reducing the overall number of nonconforming lots and noncompliant structures that were found to exist under the old Zoning Ordinance.  The RS5 areas in North Lawrence were identified to contain platted lots that do not meet the 7,000 square feet minimum lot area standard required in the RS7 District. 

If these RS5 lots are rezoned to RS7, it will result in the creation of a large number of nonconforming lots and potentially many noncompliant structures.  In recent years, it has become more difficult for home buyers to secure financing from lending institutions on property that is not compliant with local zoning codes.  Rezoning to RS7 would create obstacles for property owners looking to find financing for property improvements or limit their ability to sell and convey property to another owner.  In staff’s opinion, this is a major reason why it is not reasonable or prudent to rezone the existing RS5 areas in North Lawrence.

 

The attached map reflects all of the currently zoned RS5 areas in the city.  This district is gaining in popularity as an affordable option to accommodate housing in Lawrence.  It is a predominant lot size in much of the original townsite areas and one that is being considered in the East Lawrence Neighborhood in an effort to match current uses to an appropriate zoning district.  RS5 has been used most recently in the Langston Heights development near Langston Hughes elementary school and appears to be in demand as a housing product.

 

2.    Impact of RS5 Zoning on the City’s Storm Sewer System

In North Lawrence, there are 215 platted lots with RS5 zoning.  Approximately 92% of those lots are developed properties - detached residential homes with some accessory structures.  Some of the lots have the principal dwelling structure built across another adjoining lot line, therefore combining the two lots into one development parcel.  Staff estimates there are approximately 14-17 undeveloped platted lots in the RS5 zoned areas that potentially are available for residential development.  The effect upon the City’s storm sewer system from an additional 14-17 new homes being built on these remaining undeveloped RS5 lots is expected to be negligible and not alter how storm water is currently handled by the existing storm sewer system.

 

A prevailing neighborhood concern is standing water in drainage ditches along many of the North Lawrence streets and on private property following a storm event.  A large area in the northeast portion of the neighborhood has historically been identified on the community’s FEMA Flood Hazard Maps as a 100-year flood hazard area.  Residential development on property within a mapped 100-year flood hazard area is permitted subject to the City’s Floodplain Management Regulations, which require residential structures to be elevated a minimum of 2 feet above the base flood elevation for the property.  Most of the areas in North Lawrence where this floodplain management elevation requirement applies are zoned RS7 District.

 

An outcome of this code requirement is a residential structure sitting on an elevated mound higher than the surrounding land.  When a storm event occurs, storm water drains away from the dwelling onto the land nearby.  Depending on how the lot can be graded, the storm water drains into the storm drainage system along the street.  In other cases, it remains on the property in shallow pools or perhaps an adjacent property where it eventually is absorbed into the ground or evaporates.

 

New FEMA Flood Hazard Area Maps for the community replaced the 2010 DFIRM maps, effective September 2, 2015.  Some of the previously mapped 100-year flood hazard areas in North Lawrence receded on the new 2015 DFIRM map.  Areas previously shown in the 100-year flood hazard area are now classified Zone X, Protected by Levee.  The City’s Floodplain Management Regulations do not apply to properties classified as Zone X, Protected by Levee.  An impact of this change is that the neighborhood will not get much more of the mounded home development pattern they have seen over the past several decades. 

 

Given that the topography in North Lawrence is relatively flat and that RS5 lots are small compared to lots developed in zoning districts that permit larger lots, it may be appropriate to consider adopting a requirement for grading plans to be submitted with all new residential building permit applications in RS5 zoned areas (city-wide).  A grading plan is a document that shows proposed contours in relationship to the property lines and structures so that a review of slope, drainage swales, and other methods used to convey storm water can be made by the City’s Stormwater Engineer.  If produced by an engineer, costs to complete a drainage plan could be as much as $1,500 to $3,000.  Because of this, Staff would recommend that an engineer not be required to design the plan, which would reduce costs significantly.  Instead, a plot plan reflecting a list of required plot plan elements would be required during the building permit process to reflect how storm water would be addressed.

 

Currently, storm water drainage plans are required for new commercial, office, industrial and multiple-family development projects requiring city site plan approval.  Drainage studies and public improvement plans are also a requirement when land is being subdivided into development lots for all land use types. This is helpful for new subdivisions but is not as helpful for RS5 lots in older areas of the city.

 

Matt Bond, City Stormwater Engineer, supports requiring a grading plan with residential building permit applications on RS5 zoned lots, citing that it will help to highlight potential localized drainage problems and would require a builder to consider from the beginning of a project how they will provide for storm water runoff on the property to convey it to the city’s storm water collection system instead of leaving the impacts of storm water runoff as an afterthought.  Implementing a requirement for filing a drainage plan with a residential building permit application will require an amendment to the city’s code.

 

While the RS5 district permits lot sizes as small as 5,000 square feet, the Land Development Code does include an RS3 district which permits lots as small as 3,000 square feet.  Staff is of the opinion that if a grading plan requirement is established for RS5 zoned properties, then consideration should be given to also requiring it for RS3 zoned properties.  Currently, there is no property zoned RS3 in the city.

    

3.    RS5 Zoning District Standards Allow Too Much Development on the Small Lots

Another concern that has been voiced about recent development on RS5 lots in North Lawrence has to do with the density and dimensional code standards allowing too much building coverage and impervious cover on these small lots.  Overbuilding the lot creates more water runoff; and, the massing and scale of the site development may not be compatible with the development pattern of the surrounding area. The recent construction of a new single-family residence and accessory structure on the property at 437 Elm Street has been an example the neighborhood association and an adjacent neighbor have used to illustrate this concern (picture below).

 

http://lawrenceks.org/assets/agendas/cc/2015/08-18-15/pl_north_lawrence_rs5_zoning_staff_memo_files/image004.jpg

 

Section 20-601(a) in the Development Code provides the density and dimensional standards for all residential zoning districts in the following table:

 

 

The RS5 District has a minimum lot area requirement of 5,000 square feet and a minimum lot width of 40 feet. Building setbacks are as follows: front - 20 feet; rear – 20/25 feet depending on whether it is a single frontage or double frontage lot; side (exterior) – 20/10 feet depending on if it is a rear-to-side or rear-to-rear yard building orientation; and, side (interior) – 5 feet.  The maximum building cover is limited to no greater than 50 percent of the site area; and, the maximum impervious cover (includes buildings and paved areas) is restricted to no more than 75 percent of the site.

 

The building cover and impervious cover maximums in the RS5 District are higher than what is permitted in the RS7 (Single-Dwelling Residential) District.  It may be worth taking a closer look at these two standards to see if they need to be reduced to match the RS7 District, which is a 45 and 70 percent building and impervious site coverage; however, changing these standards would likely create non-conforming conditions for newer developments in the RS5 zoned areas.

 

With respect to the recent residential development at 437 Elm Street, staff reviewed the building permit record and found the site improvements built on this lot are less than the maximum potential building and impervious cover allowed in the RS5 District.  The lot in question is a single platted lot measuring 25 feet in width by 110 feet in length with a total lot area of 2,750 square feet.  The lot width and lot area are less than the minimum standards required in the RS5 District.  However, the lot was created before the City’s first zoning ordinance or Development Code, thus qualifying the lot as a legal nonconforming lot consistent with the provisions found in Section 20-1504 of the Development Code. 

 

Section 20-1504(c), “Dimensional Standards,” address the development standards for nonconforming lots.  The new development at 437 Elm Street met these standards as well as the standards of the base RS5 zoning district.  The plot plan filed with the building permit application shows a two-story residence having a 20 feet front setback, 46 feet rear setback, and 5 feet interior side setbacks.  The following table summarizes the RS5 standards applied to the lot at 437 Elm Street in comparison to what was actually built on the lot.

 

Code Analysis of New Single-Dwelling Residential Home, 437 Elm Street

Standard Allowed in Development Code

Actual Site Development Percent

Maximum Building Cover – 1,375 s.f. (50% of Total Lot Area – 2,750 s.f.)

Building Cover – 1,202 s.f. (43.7% of Total Lot Area)

Maximum Impervious Cover – 2,062 s.f. (75% of Total Lot Area – 2,750 s.f.)

Impervious Cover – 1,602 s.f. (58.2% of Total Lot Area)

 

The plan also shows a detached accessory garage and carport structure located to the rear of the lot near the alley.  This structure is code compliant with the setback and size standards for accessory structures, which are found in Section 20-533 of the Development Code. 

 

In staff’s opinion, there are no appreciable differences between the RS5 and RS7 density and dimensional standards and these standards appear to accommodate reasonable development on RS5 lots.  If the standards change, houses would likely get smaller in footprint and taller, which was cited as a neighborhood concern.  Even so, if the City Commission believes the RS5 standards are unreasonable, a text amendment to the Land Development Code could be pursued, though it would apply to RS5 districts throughout the city.

 

Conclusions

1.    There are no sound planning reasons to rezone the RS5 areas in North Lawrence to a larger lot single-family residential district such as the RS7 District.  The development pattern is of an RS5 nature; only approximately 14-17 lots, which are scattered throughout the North Lawrence RS5 areas, are potentially developable for new residential homes; and downzoning the RS5 areas to the RS7 district will create nonconforming conditions for many of the existing developed properties. 

 

2.    The impact upon the City’s storm water infrastructure by the addition of approximately 14-17 new homes on the estimated number of undeveloped RS5 zoned lots is negligible.  However, there are good planning reasons to consider requiring a grading plan with residential building permit applications for RS5 and RS3 zoned areas.  A grading plan will help to highlight potential localized drainage problems that might exist.  It also requires the builder to address the issue at the start of the planning process instead of leaving the impacts of storm water runoff as an afterthought.

 

3.    The building cover and impervious cover maximums in the RS5 District are higher than what is allowed in the RS7 (Single-Dwelling Residential) District but serve the RS5 areas well, in Staff’s opinion.

 

Staff Recommendation

For the reasons stated in this memo, staff recommends the following:

1.    Maintain the existing RS5 zoning in North Lawrence.

2.    Initiate a code amendment to require that a storm water grading plan be submitted in conjunction with development projects for all RS5 and RS3 zoned properties.

3.    Maintain current density and dimensional standards for the RS5 District.

 

Action

Direct staff as appropriate.