PUBLIC HEARING ITEM:
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 0.32 acre and the second approximately 0.26 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.
GENERAL INFORMATION
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Current Zoning and Land Use: |
M-3 (Intensive Industrial) District; Existing commercial buildings on south and north sides of Locust Street. |
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Surrounding Zoning and Land Use: |
M-3 (Intensive Industrial) District to the north; Active railroad tracks.
C-4 (General Commercial) District to the east across N. 7th Street; Existing Commercial Businesses.
RO-2, (Residence-Office) District to the west on the south side of Locust Street; Existing duplexes on individual lots.
M-3 (Intensive Industrial) District to the west on the north side of Locust Street; Existing industrial warehouse/distribution.
RS-2 (Single-Family Residential) District to the south; Existing adjacent church to the south, single-family homes to the southwest.
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Reason for Request: |
To allow for the redevelopment of a mixed-use commercial project (restaurant, office, residential) within existing vacant commercial buildings and to allow for the conversion of the north side of Locust to accommodate required parking spaces. |
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 are zoned RS-2 (Single-family Residential) and are developed with an adjacent church and beyond are single-family homes. The properties to the east across N. 7th Street are zoned C-4 and developed with commercial businesses. To the north is M-3 (Intensive Industrial) and active railroad tracks. To the west is zoned RO-2 (Residence-Office) and M-3 (Intensive Industrial) Districts and developed with duplexes on individual lots on the south side of Locust Street and an industrial warehouse/distribution on the north side of Locust Street.
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), commercial businesses, a church, an industrial warehouse/distribution and active railroad tracks.
II. CHARACTER OF THE AREA
The property is located in North Lawrence at the crossroads of two collector streets, Locust Street and N. 7th Street. There is a mixture of uses in this area.
A C-4 Commercial zoning district with commercial businesses is located along the east side of N. 7th Street.
There are two churches in the immediate area. A church located adjacent to the south and a church within 200 feet across N. 7th Street.
Taylor Park is one block to the southeast and the Woodlawn Elementary School is one block to the south and two blocks to the west.
To the north are active Union Pacific Railroad Tracks.
The property requested for rezoning has two parts. The part on the south side of Locust Street has five existing one and two-story buildings. The part on the north of Locust Street has two remaining structures which are proposed to be removed. The property is been cleaned up for the anticipated commercial redevelopment.
The Planning Department has received a site plan for the property (SP-08-51-04). There are 5 existing buildings on the south side of Locust Street. The site plan indicates the eastern three buildings (a one-story brick, two-story brick, and two-story brick & stone building) will be rehabilitated. The remaining two wood frame buildings would be reconstructed and replaced while maintaining the front façade along Locust Street. A parking lot with access from N. 7th Street would be provided south of the 5 buildings.
On the north side of Locust Street, the site plan shows the removal of the two existing structures and replacement with landscaping and an additional parking lot to assist with required parking.
Northwest and Southwest Corner of 7th & Locust Street
February 2003 Aerial
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 within the Floodplain Overlay District.
Staff Finding –The area has a mixture of uses and is comprised of businesses within a C-4 General Commercial District, an industrial warehouse/distribution, single-family homes, and duplexes on individual lots, two churches, and active railroad tracks. The area is not 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 due to the size limitations and conflict between potential intensive industrial and existing residential uses. The permitted M-3 Intensive Industrial uses would not be compatible with the surrounding residential uses on this block.
Access/Public Improvements
The property fronts on Locust Street and N. 7th Street, which are collector streets as shown in Transportation 2025. As this property is developed, vehicular access should be provided from the lesser traveled N. 7th Street, rather than establishing a new curb cut on the heavier traveled Locust Street.
Appropriateness of Rezoning to a Commercial Zoning District
A rezoning to a commercial district would be an appropriate land use for this property as it would assist with the redevelopment of the existing commercial buildings and would be more compatible to the adjacent commercial and residential uses than the current M-3 Intensive Industrial District.
Per Section 20-706, “The C-5 Limited Commercial District is designed to permit and encourage the grouping, in defined areas along highways, of certain retail activities and services intended primarily to serve, and be dependent upon, the motoring public.”
The requested C-5 Limited Commercial District would allow for a mixed-use commercial project as proposed by the applicant (restaurant, office and residential multi-family).
The adjacent C-4 General Commercial District does not allow Use Group 4, Residential Multi-family.
The C-1 Inner-Neighborhood District does not allow Use Group 9, Professional Offices.
The C-2 Neighborhood Shopping District would allow for a mixed-use commercial project as proposed by the applicant (restaurant, office, residential multi-family), but normally requires 2 acres of land. In the redevelopment of the property, a number of variance would need to be obtained from the Board of Zoning Appeals. A reduction in the required minimum lot area would need to be one of the requested variances.
To allow for the applicant’s proposed mixed-use commercial redevelopment project, either the requested C-5 Limited Commercial or a C-2 Neighborhood Shopping District could be a suitable zoning designation.
The commercial zoning district at the intersection of N. 7th Street and Locust Street is listed in Horizon 2020 as being an Inner-Neighborhood Commercial Center (Page 6-6, Horizon 2020). Ultimately, consideration should be given for this Inner-Neighborhood Commercial Center to be rezoned to CN1 – Inner Neighborhood Commercial District, under the proposed new zoning ordinance. A mixed-use commercial project (restaurant, office, and multiple dwellings on the 2nd floor) would be allowed in the proposed new CN1-Inner Neighborhood District, however the square footage of the proposed uses may exceed the development standards in the proposed draft zoning code.
Staff Finding – In staff’s opinion, the property is not suitable for the industrial uses to which it has been restricted. A rezoning to a commercial district would be suitable for the property.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property has been zoned M-3 (Intensive Industrial) District since the adoption of the 1966 ordinance. The property has previously been developed with five commercial buildings on the south side of Locust Street and an oil storage/wholesale business on the north side of Locust Street.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
There is an existing C-4 General Commercial District to the east of the property across N. 7th Street. A commercial zoning on the property would be compatible with to this commercial district.
There is an existing church on the south side of the property and another church within 200’ to the east of the property. The applicant is proposing a restaurant as one of the uses of the property. No alcoholic liquor is allowed to be sold or served by a person holding a license or permit from the City, at a place of business or other premises located within 400 feet of any school or church. The distance limitation would not apply if the licensee or license applicant petitions for and receives a waiver of the distance limitation from the City Commission. The City Commission could grant a waiver only following public notice and hearing and a finding that the proximity of the establishment is not adverse to the public welfare or safety. At least thirty (30) days prior to such hearing, the City Clerk would need to give notice of such hearing by first class mail to all churches and schools located within 400 foot of the place of business or premises for which a waiver is sought.
Staff Finding – Removal of the restrictions and rezoning to a Commercial District would not detrimentally affect nearby properties and would be more compatible to the existing commercial uses and adjacent duplex and single-family houses than the existing M-3 Intensive Industrial zoning. Redevelopment would require approval of a site plan which can consider landscaping and buffering to minimize adverse impacts to surrounding properties.
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
A commercial zoning designation would be appropriate at this location. 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 and nearby residential uses, the limited size of the properties, and the site plan requirements of an industrial use.
Rezoning to a commercial district, would provide a relative gain to the public health, safety, and welfare by allowing for potential commercial redevelopment of the existing commercial buildings.
The hardship imposed upon the property owner is the current zoning of M-3 Intensive Industrial does not fit in with the commercial and residential uses of this area. 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.
An additional hardship in the development of this property is the proximity to active railroad tracks, located to the north.
Staff Finding The rezoning of the site to a commercial district, 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 adjacent and nearby residential and commercial land uses. The rehabilitation of the existing vacant commercial buildings to a proposed mixed use (restaurant, office, residential) would be a benefit to the community.
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.
COMMERCIAL LAND USE
Strategies: Commercial Development
The principal strategies for the development and maintenance of commercial land use areas include:
Ø Establish and maintain a system of commercial development nodes at selected intersections which provide for the anticipated neighborhood, community and regional commercial development needs of the community throughout the planning period.
Ø Encourage infill development and/or redevelopment of existing commercial areas with an emphasis on Downtown Lawrence and existing commercial gateways. Sensitivity in the form of site layout and design considerations shall be given to important architectural or historical elements in the review of development proposals.
Inner-Neighborhood Commercial Centers
Typically, an Inner-neighborhood Commercial Center is an existing commercial area within an established neighborhood. The list in Horizon 2020 of existing inner-neighborhood commercial centers includes the intersection of N. 7th Street and Locust Street.
Redevelopment of these existing Inner-Neighborhood Commercial Centers should be facilitated through the use of alternative development standards that allow for reductions in required parking, open space, setbacks, lot dimensions and other requirements that make it difficult to redevelop existing commercial areas.
Inner-Neighborhood Commercial Center uses may include book stores, dry cleaning services, food stores, beauty salons, etc.
Commercial Land Use Goals and Policies
Goal 1. Established Commercial Area Development
Encourage the retention, redevelopment and expansion of the established commercial areas of the community.
Goal 3. Criteria for Commercial Development
Provide regional, community and neighborhood shopping opportunities to meet the commercial and retail needs of the community.
Policy 3.3 Criteria for Inner-Neighborhood Commercial Centers.
A. Encourage redevelopment of existing Inner-Neighborhood Commercial Centers through alternative standards for:
1. Required parking;
2. Open space requirements;
3. Required setbacks; and
4. Required lot size.
Staff Finding – The proposed request to a commercial district would be consistent with the Commercial Goals and Policies of the City’s Comprehensive Plan, Horizon 2020.
PROFESSIONAL STAFF RECOMMENDATION
The applicant has requested a commercial rezoning to C-5 Limited Commercial of the property to allow for a mixed-use commercial redevelopment of the existing vacant commercial buildings on this property. The area is adjacent to a C-4 General Commercial District and at the intersection of N. 7th Street and Locust Street, which has been identified in Horizon 2020 as an Inner-Neighborhood Commercial Center.
The appropriate development of the site has limitations based on the established 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 commercial and residential neighborhood is a primary factor in why commercial zoning, would be an appropriate zoning classification for these two properties.
Planning Staff recommends approval of the rezoning of the two properties from M-3 (Intensive Industrial) District to C-5 (Limited Commercial) District and forwarding the recommendation to the City Commission. The C-5 recommendation is based upon the findings of fact presented in the body of the Staff Report.
ALTERNATIVES
The Planning Commission may determine that a C-2 Neighborhood Shopping Center is more appropriate for this area.
A designation of C-2 Neighborhood Shopping would require a variance for a larger lot size (minimum lot area of 2 acres) that would need to be obtained for the property than a required variance for a C-5 District (minimum lot area of 15,000 square feet).