ITEM NO. 8:              M-3 TO C-5: .32 ACRE & .26 ACRE; 642-646 LOCUST & 645 LOCUST STREET (PGP)

 

Z-07-27-04:  A request to rezone two tracts of land; one approximately .32 acre and the second approximately .26 acre from M-3 (Intensive Industrial) District to C-5 (Limited Commercial) District.  The properties are described as being located at 642-646 Locust Street and 645 Locust Street.  Submitted by Paul Werner Architects for D & D Rentals, property owners of record.

 

STAFF PRESENTATION

Mr. Patterson presented the item, a request to rezone the subject property to C-5 (Limited Commercial) to fit the proposed redevelopment.  He described the zoning and uses of the surrounding area, including church, residential, industrial, railroad, and office.

 

The rezoning was requested to accommodate the future redevelopment of currently vacant commercial buildings.  The submitted site plan proposed renovation of three buildings on the east and reconstruction of two buildings on the west with the existing façade.  The property  on the north side of Locust Street was intended for an additional parking lot to meet more of the parking requirement. 

 

Staff found the commercial zoning appropriate for the intended mixed use of the property (restaurant, office, multi-family on the second and possibly first floor) and recommended approval of the request.  However, it was pointed out that redevelopment of the commercial buildings would require a number of variances, including a variance for the minimum lot area.

 

It was noted that the CN-1 zoning district created for the proposed new code would be an even better fit for this development, but this category was not available yet.  Applying C-1 zoning now would ensure the area would transfer to CN-1 zoning when the code was adopted, but C-1 zoning was not appropriate for the area in the meantime.

 

The North Lawrence Improvement Association sent a letter of support stating their desire to bring more restaurants to North Lawrence.  Other letters from area residents expressed concern that the proposed restaurant would have liquor sales, which they felt was inappropriate in such close proximity to the two area churches.

 

APPLICANT PRESENTATION

Paul Werner, Paul Werner Architects, agreed with Staff that C-5 was the most suitable zoning district currently available for the proposed use of the subject property.  He said the entire area was non-conforming to the existing M-3 zoning.

 

Mr. Werner said the applicant understood several variances would be required because of existing building locations and had stated he would not be applying for a liquor license.  The area shown on the current site plan as the restaurant use would be reconfigured with smaller square footage.

 

Mr. Werner responded to questioning that when CN-1 zoning was available it would fit the area, but no one knew for sure how long that would take and development was ready to begin.

 

Mr. Werner pointed out that the subject lots were too small to accommodate the less desirable uses allowed in C-5 zoning.

 

PUBLIC HEARING

Jeff Joseph, secretary of North Lawrence Neighborhood Association (NLIA), said there had never been any formal vote on the issue.  The developer had attended two neighborhood meetings and taken part in a Q & A session, but the neighborhood remained concerned about potential development of the subject area with a restaurant with a bar or other uses with heavy traffic and/or overflow parking in this residential area.

 

Mr. Joseph expressed the neighborhood’s possibility of a bar, and the potential hazard of under-the-influence drivers near the school crossing zone.

 

According to Mr. Joseph, most of the area residents and church members opposed the project, including one resident who said he would move from the area if this request were approved.

 

Mr. Joseph responded to questioning that he understood the nature of uses that were allowed under the current M-3 zoning (slaughterhouse, chemical plant, etc.), but pointed out these uses would not involve a bar.  He said he had suggested law offices for the subject property but was told the area was too loud for that use to be successful.  Mr. Joseph said a “quiet zone” was being considered in North Lawrence near the railroad.

 

APPLICANT CLOSING COMMENTS

Mr. Werner stated again that the applicant did not intend to obtain a liquor license for the subject property.  If this intent changed in the future, the applicant would have to get permission from the City Commission because of the area churches and the neighborhood could state their opposition at that time.

 

Mr. Werner said the applicant thought the residents would be pleased that part of the proposal included additional parking.  He did not know how to address the previous speaker’s contradiction of the NLIA’s support.   A letter signed by the NLIA President was on file with Staff and was part of the record.  

 

STAFF CLOSING COMMENTS

Mr. Patterson pointed out that both N. 7th Street & Locust Street were collector streets and designed to handle the amount of traffic proposed by this development.

 

COMMISSION DISCUSSION

It was established that the Commission could not condition a restriction against liquor sales as part of the rezoning, and restated that the neighbors would have an opportunity to comment if the property owner applied for a liquor license at a future date.

 

Mr. Werner said since the restaurant would not have liquor sales, the size of the restaurant section was being reduced and a different type of restaurant or a different use entirely would take its place.  He was not able to say what the restaurant hours of operation would be.

 

The Commission discussed with Staff the possibility of approving C-5 today with the understanding that the city would initiate CN-1 zoning when it was available.  There was discussion about asking the applicant to defer until the new code was adopted or denying the C-5 application and stating that CN-1 would be considered in the future.  Ms. Finger said Staff anticipated adoption of the new code in January 2005.

 

Mr. Werner said the project would require several variances that could not be requested without the new zoning.  Deferral of the rezoning would delay the entire process.

 

Comm. Lawson asked what concerns the Commission had with approving the C-5 zoning as requested and as supported by Staff.  Comm. Johnson replied that C-5 zoning allowed heavy commercial uses that were inappropriate for the inner-neighborhood classification given to the subject area in HORIZON 2020.  CN-1 would eventually fit much better.  It was noted that leaving the property zoned M-3 was not a suitable option.

 

ACTION TAKEN

Motioned by Comm. Lawson, seconded by Comm. Angino to approve the rezoning of .32 acres at 642-646 Locust Street and .26 acres at 645 Locust Street as presented.

 

DISCUSSION ON THE MOTION

Comm. Johnson asked to clarify that she agreed C-5 was a better match for the area than the existing M-3, but C-2 or C-1 would be better.  In light of this, she could not support the motion to approve the C-5 zoning.

 

Comm. Burress said the concerns expressed by the neighbors (liquor sales, school crossing, traffic) were legitimate but had been addressed by the applicant.  This kind of use was identified by the Comprehensive Plan and the road system was built to accommodate it.  His main concern at this point was that C-5 was not the “absolute best fit”.

 

Comm. Jennings commended the applicant for proposing a project that would improve the appearance and condition of the area.

 

ACTION TAKEN

Motion in the floor was to approve the rezoning of .32 acres at 642-646 Locust Street and .26 acres at 645 Locust Street from M-3 to C-5 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report.

         

          Motion carried 8-2, with Comm.’s Burress, Eichhorn, Angino, Haase, Jennings, Lawson, Krebs and Erickson voting in favor and Comm.’s Johnson and Riordan voting in opposition.  Student Commissioner Brown voted in favor.