PUBLIC HEARING ITEM:
ITEM NO. 11: M-3 TO RO-2; 1.01 ACRE; ALL OF THE LOTS EAST OF 508 LOCUST TO N. 6TH STREET (PGP)
Z-02-04-04: A request to rezone a tract of land approximately 1.01 acre from M-3 (Intensive Industrial) District to RO-2 (Residence-Office) District. The property is generally described as being all of the lots along the south side of Locust Street, east of 508 Locust to N. 6th Street, generally known as 512-546 Locust Street. The Planning Commission initiated this rezoning at their January meeting.
GENERAL INFORMATION
Current Zoning and Land Use: M-3(Intensive Industrial) District; Five single-family homes and two vacant parcels.
|
Lot Number (25’ width x 100’depth) |
Address |
Owner |
Use |
Owner’s Approval to RO-2 |
|
231 |
512 Locust |
Stuart Doores |
Single-Family House |
Yes |
|
233 |
514 Locust |
Stuart Doores |
Single-Family House |
Yes |
|
235 |
Vacant |
Evalina Payne
|
Vacant |
Not interested in rezoning at this time |
|
237 |
||||
|
239 |
524 Locust |
Evalina Payne |
Single Family House |
Not interested in rezoning at this time |
|
241 |
||||
|
243 |
||||
|
245 |
Vacant |
Stuart Doores |
Vacant |
Yes |
|
247 |
||||
|
249 |
||||
|
251 |
536 Locust |
Jennifer Johnston Felker |
Single Family House |
Yes |
|
253 |
||||
|
255 |
||||
|
257 |
546 Locust |
Jeffery M. Bailey |
Single Family House |
Has not responded to contacts |
|
259 |
||||
|
261 |
Surrounding Zoning and Land Use: M-3 (Intensive Industrial) District to the north;
Locust Street, Union Pacific Railroad Building.
RO-2 (Residence-Office) District to the east across N. 6th Street; Single-family homes.
C-4, (General Commercial) District to the west; Developed Dance Hall/Nightclub.
RS-2 (Single-Family Residential) District to the
south; Across alleyway, developed single-family
homes.
Reason for Request: To allow for the possibility of infill development which could permit professional offices, medical and dental clinics, and residential single-family and residential duplex uses.
I. ZONING AND USES OF PROPERTY NEARBY
The subject properties are adjacent to residential and commercial uses and to residential, commercial and industrial zoning.
The properties to the south across the alleyway are zoned RS-2 (Single-family Residential) and are developed with single-family homes. The properties to the east across N. 6th Street are zoned RO-2 and developed with residential duplexes on individual lots. To the north is Locust Street and across is zoned M-3 (Intensive Industrial) and contains a Union Pacific Railroad building and active railroad tracks. To the west is zoned C-4 (General Commercial) and is developed with a dance hall/nightclub.
Staff Finding - The property is bordered by: RS-2 (Single-family Residential), RO-2 (Residence-Office), C-4 (General Commercial) and M-3 (Intensive Industrial) zoning districts. The surrounding land uses are residential (detached single-family homes and duplexes on single lots), a commercial dance hall/nightclub and an industrial railroad building.
II. CHARACTER OF THE AREA
The 1.01 acre site contains 7 parcels (16 original 25’ wide by 110’ deep lots). Five single-family houses and 2 vacant parcels.
The area is fairly flat with less than 2% slope. Access to the properties is from Locust Street, N. 6th Street, and an alleyway behind the property to the south.
February 2003 Aerial
The subject block is comprised of single-family homes, three vacant parcels, and two commercially used lots. Woodlawn Elementary school is located in the block south of the site. To the north of Locust Street is a building owned by the Union Pacific Railroad and the Union Pacific railroad tracks.
This area is designated on the Federal Emergency Management Agency’s Flood Insurance Rate Map as Zone X – Shaded: “This area protected from the one percent annual chance (100-year) flood by levee, dike, or other structures subject to possible failure or overtopping during larger floods.” – Map number 20045C0036 C, Effective Date: November 7, 2001. This area is not considered to be within the Floodplain Overlay District.
Staff Finding –The subject block is comprised of single-family homes, three vacant parcels, and two commercially used parcels. The area is not considered to be within the Floodplain Overlay District.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property’s current zoning is M-3 Intensive Industrial. The subject property is not suitable for an intensive industrial district. The permitted M-3 Intensive Industrial uses would not be compatible with the surrounding single-family uses on this block.
Access/Public Improvements
The property fronts on Locust Street, a collector as shown in Transportation 2025. There is an existing 20’ right-of-way alleyway at the rear of the site. As this property is developed, vehicular access could be provided from the alleyway, rather than establishing new curb cuts on Locust Street.
Appropriateness of RO-2 (Residence-Office)
A rezoning to RO-2 (Residence-Office) would be an appropriate land use for this property as it would be compatible with the existing single-family residential uses on this block.
Per Section 20-606, “The RO (Residence-Office) District is designed to primarily provide mixed use areas for professional offices, medical and dental clinics and similar types of uses that are compatible with and can be located adjacent to or in combination with single, duplex, or multiple-family residential uses without undue harmful effects to the residential uses.”
Residential structures in the RO-2 District are limited to single-family and duplex buildings.
Staff Finding – In staff’s opinion, the property is not suitable for the industrial uses to which it has been restricted. A residential office zoning is a transitional zoning that is appropriate with the alleyway access and public improvements shown in the vicinity. A rezoning to RO-2 for these 16 original 25’ wide lots would be compatible with the existing surrounding single-family homes.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The subject property has been zoned M-3 (Intensive Industrial) District since the adoption of the 1966 ordinance. The property has developed with five single family homes and two remaining vacant parcels.
The area bounded by N. 5th to N. 6th/Locust to Elm Street, was subdivided in 1869 as part of the sub-division of the South half of Block (5) Five, City of North Lawrence, Douglas County Kansas.
Staff Finding - The property has been zoned M-3 since the adoption of the 1966 ordinance. Approximately two thirds of the site has been developed with single-family homes and one third of the site remains undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
The block is primarily developed with single-family homes. The southern half of the block is zoned RS-2 (Single-family Residential). Allowing RO-2 zoning to occur on this block would result in zoning which could allow for professional offices, medical and dental clinics and similar types of uses that are compatible with and can be located adjacent to or in combination with single, or duplex residential uses without undue harmful effects to the residential uses
A common use with the RO-2 zoning has been duplexes. The RO-2 zoned area located along the south side of Locust street (across 6th street to the east), resulted in duplexes on individual lots. A check of the ownership of the individual duplex lots show that 13 of the 16 residences (81%) appear to be owner occupied. Development of new residences will need to comply with the lot area requirements in the RO-2 District.
Staff Finding – Removal of the restrictions and rezoning to an RO-2 (Residence-Office) District would not detrimentally affect nearby properties and would be more compatible to the adjacent single-family houses than the existing M-3 Intensive Industrial zoning.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
The property should be rezoned to a residential or residence-office district. The property is currently zoned for intensive industrial uses. Intensive Industrial uses are inappropriate in both the short-term and long-term for this property, due to the adjacent single-family residences, the size of the property, and the site plan requirements of an industrial use.
Rezoning to RO-2, would provide a relative gain to the public health, safety, and welfare by allowing for potential uses which would be more compatible to the adjacent single-family residential uses within this block.
The hardship imposed upon the property owner is the current zoning of M-3 Intensive Industrial does not fit in with the single-family residential uses of this block. Per Section 20-804, the purpose of the M-3 Intensive Industrial District, is “designed to accommodate the manufacturing and industrial activities which involve more objectionable influences and hazards. The M-3 District regulations are designed to encourage the uses of this district by such industries, subject to the minimum regulations necessary for the mutual protection of the permitted uses.”
The M-3 District allows for Use Group 19 – Industrial-Medium Nuisances, and Use Group 20 – Industrial-High Nuisance Uses. Residential Use Groups 3 and 3A (Residential Single-Family Detached and Residential-Duplex) are not permitted in the M-3 District.
An additional hardship in the development of this property is the proximity to railroad tracks, located across Locust Street to the north.
Staff Finding The rezoning of the site to a residential district of RO-2, would provide a relative gain to the public health, safety, and welfare by zoning the property to a use which would be more compatible with the existing surrounding single-family residential land use.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.
Residential Land Use
Strategies: Residential Development
The principal strategies for approaching residential land use areas are:
- Infill residential development should be considered prior to annexation of new residential areas.
- The character and appearance of existing residential neighborhoods should be protected and enhanced. Infill development, rehabilitation or reconstruction should reflect architectural qualities and style of existing neighborhoods.
Medium-Density Residential Development
“Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office/commercial areas. Come site are recommended near large open space or natural areas. In addition to providing attractive new housing options within the City, these areas should be designed to help avoid major and abrupt changes in density or use. Existing and planned medium-density residential development is widely scattered throughout the City.
Residential Land Use Policy 3.3c states, “Infill development should conform to lot size, housing type, scale and general architectural style of the area in which it is proposed.”
Growth Management
Growth Management Policy 1.1a states, “Site layout and design of developments should be planned with attention to natural topography and drainage; adjacent land uses; access; and service availability”.
Staff Finding – The proposed request to RO-2 would be consistent with the Residential and Growth Management Goals and Policies of the City’s Comprehensive Plan, Horizon 2020.
PROFESSIONAL STAFF RECOMMENDATION
The appropriate development of the site has limitations based on the development patterns of this neighborhood and the property’s proximity to the railroad tracks. The noise and vibration from the railroad is a deterrent to development of new residential land uses. The stability and consistency of the surrounding single-family neighborhood is a primary factor in why RO-2 zoning, would be an appropriate zoning classification for these properties.
Evalina Payne, the property owner of the vacant parcel (lots 235 & 237) and the adjacent house at 524 Locust Street (Lots 239, 241 & 243), has stated that at the present time, she is not interested in the rezoning of her property.
Planning Staff recommends approval of the rezoning of the 1.01 acre area from M-3 (Intensive Industrial) District to RO-2 (Residence-Office) District and forwarding the recommendation to the City Commission. The RO-2 recommendation is based upon the findings of fact presented in the body of the Staff report.