Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Planning Commission

 

FROM:

Becky Pepper, Planner

 

Date:

August 23, 2017

 

RE:

ITEM NO.  2          REZONING FROM RS5 TO MU; 401 ELM ST (BJP)

 

Z-17-00322: Consider a request to rezone approximately 2500 sq ft from RS5 (Single-Dwelling Residential) District to MU (Mixed Use) District, located at 401 Elm St. Submitted by Margretta O. Farrar-de Vries, property owner of record.

 

Attachment A: Existing Zoning Map

Attachment B: Existing Land Use Map

Attachment C: Zoning Application Materials

 

A request to rezone the property at 401 Elm Street from RS5 (Single-Dwelling Residential) District to MU (Mixed Use) District was submitted by the property owner, Margretta Farrar-de Vries.

 

The intent of the request was to bring noncompliant land uses into compliance with the Land Development Code. The property contains a two-story structure with nonresidential and residential uses. The first floor of the structure contains a woodworking shop and a vacant residential unit. The second floor contains an occupied residential unit. The RS5 District does not permit the Manufacturing & Production, Limited use (woodworking shop), and Duplex use. The property owner has indicated a desire to maintain the woodworking shop, the second floor dwelling, and convert the first floor residential area to retail or some other nonresidential use.

 

Prior to making application, staff advised the owner that the use tables of the Land Development Code indicated that the Manufacturing & Production, Limited use, certain retail uses, and residential uses were permitted in the MU District. Further analysis of the Code, however, revealed that rezoning the property to the MU District requires the property to be designated with a Tertiary Zone and, based on the surrounding residential uses, the Tertiary Zone would not accommodate the Manufacturing & Production, Limited, or retail uses. This will not accommodate the applicant’s desire to zone the property to accommodate all of the uses noted above.  The code analysis is provided below.

 

  1. The standards of the Land Development Code allow for three Development Zones in the MU District, which include Primary, Secondary, and Tertiary. These zones are designated to ensure compatibility with the surrounding existing development and determine the intensity of development that can occur. Section 20-1108(f) of the Code states that “in cases where a rezoning to the MU District is proposed for a site which is surrounded by existing detached residential development, a Tertiary Development Zone shall be required to be designated”. The subject property is surrounded by single-family residential development, therefore the applicable development zone for the subject property is the Tertiary Zone.

 

  1. Section 20-1108(f)(3) states, “Nonresidential uses shall only be permitted in a Tertiary Development Zone if the existing surrounding development contains such nonresidential uses. A Tertiary Development Zone shall only permit a residential use type which exists in surrounding development.” Given the surrounding residential development, and the lack of nonresidential development, the MU standards will not permit the Manufacturing & Production, Limited use on the property even if the rezoning to the MU District were approved. An amendment to the Code would be necessary in order to permit this use on the subject property under the MU zoning.

 

  1. Per Section 20-1108(j)(i), vertical mixed-use structures (structures with nonresidential uses on the ground level, and residential uses above or below) are permitted in the Primary and Secondary Development Zones; however, they are not permitted in the Tertiary Zone. An amendment to the Code would be necessary to permit a vertical mixed-use structure in the Tertiary Zone. 

 

Staff Discussion

Under the current code, and the circumstances of this specific property to only be eligible for the Tertiary Zone of the MU District, there is no zoning district that would accommodate the owner’s desired uses. The MU District would accommodate only the existing single-residential unit given the requirement for the Tertiary Zone. The RSO (Single-Dwelling Residential – Office) District, a supportable district in staff’s opinion, permits the single-family unit and some nonresidential uses but not the Manufacturing & Production, Limited use.

 

Analyzing the request leads staff to believe that the MU standards may benefit from more flexibility in permitting nonresidential uses in the Tertiary Zone with approval of a Special Use Permit. Proposed uses would be considered in the context of their surroundings and conditions could be used to mitigate detrimental impacts.

 

For this particular property, the process to accommodate the desired uses would require that the Planning Commission initiate a text amendment to the code to allow nonresidential uses in the Tertiary Zone by way of a special use permit. If a code amendment is initiated, a Special Use Permit application for the nonresidential uses desired by the property owner could be considered at the same time that the code amendment is processed but the special use permit cannot be approved prior to the code amendments being approved.

 

Staff has discussed these issues with the applicant and the applicant desires staff to pursue amendments to the MU district that would support the desired uses, understanding that the code may not ultimately be amended.

 

Staff Recommendation:

Planning Staff recommends that the rezoning request (Z-17-00322) be deferred to the September Planning Commission meeting and that the Planning Commission initiate a text amendment to the City of Lawrence Land Development Code, Article 11, to permit nonresidential uses in the Tertiary Zone of the MU District.

 

 

 

Attachment A: Existing zoning of the surrounding Area. Subject property outlined in blue.

Attachment B: Existing land use of the surrounding Area. Subject property outlined in blue.