|
PLANNING COMMISSION REPORT SUMMARY
|
ITEM NO. 11A: RS-2 TO PRD-1; 1503 HASKELL AVENUE (SLD)
Z-08-38-04: A request to rezone a tract of land approximately 5.57 acres from RS-2 (Single-Family Residential) District to PRD-1 (Planned Residential Development) District. The property is described as being located at 1503 Haskell Avenue. Submitted by Allen Belot for Harold C. and Caroline B. Shepard, property owners of record. This item was deferred from the September meeting.
|
STAFF RECOMMENDATION: Staff recommends approval of the 5.57 acres from RS-2 (Single-Family Residence) District to PRD-1 (Planned Residential District) and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Recording of a final plat prior to publication of the rezoning ordinance; and 2. Approval of a preliminary development plan prior to the publication of a rezoning ordinance.
|
|
Applicant’s Reason for Request: |
Owner’s of this property wish to rezone in order to develop this site with affordable single-family detached residences. |
|
KEY POINTS
Intent of request is for single-family residential development on individual lots.
· Development of the property for single-family land is proposed as an infill development and will require a development plan. · Relationship of the proposed development and the surrounding land use patterns and density will be critical in the development of the subject property. · Sufficient proof of ownership of the abandon railroad right-of-way has been appropriately documented according to the Director of Legal Services for this property.
|
|
GOLDEN FACTORS TO CONSIDER
CHARACTER OF THE AREA · The defining character for this area has been established as a low-density, single-family, residential neighborhood that includes small lots with public open space in near proximity. CONFORMANCE WITH THE COMPREHENSIVE PLAN · The proposed request conforms to land use recommendations found in Horizon 2020. |
|
ASSOCIATED CASES/OTHER ACTION REQUIRED
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
|
Insert Map page here:
PUBLIC HEARING ITEM:
ITEM NO. 11A: RS-2 TO PRD-1; 1503 HASKELL AVENUE (SLD)
Z-08-38-04: A request to rezone a tract of land approximately 5.57 acres from RS-2 (Single-Family Residential) District to PRD-1 (Planned Residential Development) District. The property is described as being located at 1503 Haskell Avenue. Submitted by Allen Belot for Harold C. and Caroline B. Shepard, property owners of record. This item was deferred from the September meeting.
GENERAL INFORMATION
Current Zoning and Land Use: RS-2 (Single-Family Residence) District; existing single-family residence to be removed as part of the proposed development.
Surrounding Zoning and Land Use: RS-2 (Single-Family Residence) District in all directions; existing residential and community uses including park, property to the west.
RM-1 (Multiple-Family Residence) District to the northwest, existing multi-family development.
Reason for Request: Development of single-family, owner-occupied residential lots.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is surrounded by residential and community uses in all directions. The Pelathe Indian Center is located on the northwest corner of the intersection; a preschool facility (former East Heights Elementary School) is located on the northeast corner of the intersection. The subject property is immediately adjacent to a public park on the west side. The Lawrence Boys and Girls Club is located to the southeast of the subject property.
II. CHARACTER OF THE AREA
The subject property is located within the western portion of the Brook Creek Neighborhood (originally called Far East Lawrence). The subject property is also adjacent to the East Lawrence Neighborhood (north side of 15th Street) and the Barker Neighborhood (south side of 15th Street) on the west side. These neighborhoods are characterized as having a substantial single-family residential element with some other non-residential uses along specific streets.
There are several parcels along E. 15th Street and Haskell Avenue that are “underdeveloped” in that they are relatively large parcels with only a single residence on each lot. It is not unreasonable to assume that these lots will ultimately be redeveloped at some point in the future.
A temporary use permit was approved earlier this year to address construction activity on the property related to excavation and placement of fill on the property (TUPR-03-07-04). During this activity much of the property was cleared of existing vegetation.
The west property line abuts the previous AT&SF railroad right-of-way. The applicant has provided sufficient documentation to the City’s Director of Legal Services to demonstrate ownership. The proposed development plan includes this area as part of the open space for the proposed development (refer to development plan for more detailed discussion).
Staff Finding – The area is characterized as being moderately developed with a mix of residential and community uses. The subject property is in close proximity to additional multi-family as well as industrial uses to the northwest and south along Haskell Ave.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned for low-density residential uses that are limited to single-family dwellings with a maximum density of six (6) dwelling units per acre. The purpose of the RS-2 (Single-Family Residence) District is defined in Article 6 of the Zoning Regulations. Section 20-601 provides the general purposes for all residential districts as: (a) Protect the residential character of the included areas by excluding commercial and industrial activities; (b) Encourage a suitable environment for family life by permitting such neighborhood facilities as churches, schools, and playgrounds; (c) Permit certain appropriate institutions to be located in residential neighborhoods; (d) Preserve openness of the areas and avoid overcrowding by requiring certain minimum yards, open spaces, and site areas, and; (e) Make available a variety of dwelling types and densities in a variety of locations to serve a wide range of individual requirements. The purpose statements are further defined for the singe-family districts in 20-602 (a). This section states: “RS Districts are designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings. In addition to the general purposes applying to residential districts, the regulations for the RS Districts are designed to encourage the provision of single-family, detached residences in districts of four permitted densities. In RS zoning districts only, single-family detached dwellings shall be permitted and such dwelling shall be occupied only by families which meet a definition of family as defined in this code.” The subject property is developed with an existing single-family detached building. The existing zoning would accommodate additional residential development through the subdivision process at a much reduced scale.
The proposed zoning district is for a planned unit development with a maximum density of seven (7) dwelling units per acre for a PRD-1 (Planned Residential District). The general purposes for a planned unit development are set out in Section 20-1001 (a) as follows: “The regulations for the Planned Unit Development Districts are designed to provide for the growing demand for housing of all types and designs and for necessary supportive commercial facilities conveniently located to such housing.”
Staff Finding - Both the existing and proposed district allow for single-family residential land use of a given density. The subject property is uniquely shaped with a proximity to smaller parcels on the south, a public park on the west and is bounded by a collector street on the north (E. 15th Street) and an arterial street on the east (Haskell Ave.). The existing zoning and land use result in an underdeveloped condition for the subject property. The proposed zoning will allow for infill development that can be tailored in a way to assure compatibility with the existing neighborhood pattern.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is not vacant, but is in fact developed with a single detached residence. A similar development/rezoning request was made in April 1996 for PRD-2 (Planned Residential District). Staff recommended only PRD-1 at the time with the approval of a preliminary development plan. The applicant ultimately withdrew the application. The existing zoning has been in place since 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Denial of the request would substantially limit the ability to consider a flexible design of the proposed development. The existing and proposed zoning districts are comparable in terms of density and both are considered to be low-density. Approval of the request will increase the review criterion that is required prior to development.
It was noted in the 1996 report that “a key goal of the Far East Lawrence Neighborhood Plan is to stabilize the neighborhood with low-density single-family residential land use.” This was to be “accomplished by rezoning several areas from multi-family zoning district to a single-family district, and by preventing the encroachment and expansion of existing commercial and industrial development” (4-24-96 PC staff report).
Staff Finding – Approval of the request is considered to be beneficial given the unique configuration of the subject property and the ability to incorporate specific site design standards into the proposed development. The proposed zoning allows for the Planning Commission to limit the housing type and density within the district.
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
Staff Finding - Approval of the request as a planned unit development would provide the City with greater control over the number and location of access points, provision of open space and coordination and compatibility of development with the surrounding land uses.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The City’s comprehensive plan has been updated since the 1996 consideration of the subject property for planned residential development. Horizon 2020 defines low-density residential development as “reflecting a density of six or fewer dwelling units per acre.” The plan places emphasis on single-family detached development. The plan states:
While existing single-family neighborhoods are essentially built-up, several vacant parcels are scattered throughout the existing community where new low-density residential development should occur in the future. In general, new development should be of a scale and character, including building type, the same as, and compatible with, existing or planned homes in the immediate area. New low-density residential areas are located generally in the southern and western portions of the community and in the urban growth area.
Residential Goals 3, 4 and 5 address specifically the neighborhood conservation and location criteria for low-density development. It should be made clear that staff recommends the continuance of low-density development for the subject property. The prevailing density of the surrounding area is 5.5 to 7 dwelling units to the acre as estimated by staff. The PRD-1 (Planned Residential District) allows for a maximum of seven (7) dwelling units per acre which is consistent with surrounding residential development pattern. The plan states: “The city is made up of many distinct neighborhoods, each with differing physical characteristics. Much of the community's overall image and appearance is related to the unique character of its neighborhoods, and these features should be preserved (Page 74).”
Horizon 2020 supports infill development and address it with the following polices: Policy 3.3: Encourage Compatible Infill Development:
a. Encourage redevelopment and infill as a means of providing a variety of compatible housing types within neighborhoods.
b. Utilize development regulations to ensure compatibility of different housing types within neighborhoods.
c. Infill development should conform to lot size, housing type, scale and general architectural style of the area in which it is proposed.
d. Discourage the conversion of existing single-family residences to multiple-family use unless the existing zoning of the property permits multiple-family development.
e. Discourage concentrations of high-density multiple-family infill within neighborhoods.
f. Maintain the physical form and pattern of existing, established neighborhoods to the extent possible by incorporating the following principles:
1. Building orientation should reflect the predominant neighborhood pattern and existing streetscape;
2. Continuity of vehicular and pedestrian circulation patterns should be considered;
3. Open space patterns and front, side and rear yards characteristic of the neighborhood should be maintained; and
4. Building height should be compatible with the average height of homes in the neighborhood, especially adjacent residences.
Many of these items will be considered as part of the physical site review of the development plan. The proposed request is consistent with the land use intent of the proposed land use recommendations.
Staff Finding – The proposed request conforms with the recommended land use with limitations on building type and density. Staff recommends that approval of the request be subject to the approval of a preliminary development plan.
STAFF REVIEW
The proposed rezoning allows for the maximum review through the public process and allows for the ability to develop smaller lots and address the odd configuration of the subject property. The critical step in the development process is assessment of the physical design of the proposed project. It is not necessary to restrict the density in this case since the surrounding land use pattern is comprised of low-density (less than 6 dwelling units per acre as defined by Horizon 2020).
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 5.57 acres from RS-2 (Single-Family Residence) District to PRD-1 (Planned Residential District) and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning ordinance; and
2. Approval of a preliminary development plan prior to the publication of the rezoning ordinance.