ITEM NO. 5: CONSIDERATION OF THE NEW DEVELOPMENT CODE, NOVEMBER 17, 2004, EDITION THAT REPLACES THE EXISTING ZONING ORDINANCE NO 3500 AND ALL AMENDMENTS SINCE ADOPTION IN 1966(LMF)
The proposed “Zoning Map, November 17, 2004 Edition” includes zoning designations for all property located within the corporate limits of the City of Lawrence, Kansas. The proposed “Zoning Map, November 17, 2004 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the proposed “Zoning Map, November 17, 2004 Edition” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas during regular business hours. The proposed “Zoning Map, November 17, 2004 Edition” is also available at http://www.lawrenceplanning.org/. This item is the second part of the revisions initiated by the Planning Commission on August 25, 2004. 1) Z-10-49G-04: Rezoning of properties currently zoned CP (Commercial Parking) to zoning districts associated with the developments the CP-zoned sites serve, based on the Table of CP Properties, and 2) Z-10-49H-04: Rezoning of various properties in twelve older neighborhoods currently zoned RS-2 to RS5 based on lot sizes (as indicated on the Map of RS5 properties). Maps and ownership tables for these zoning districts were developed based on Planning Commission direction. The RS5 designation is part of the official zoning map and appears on the composite zoning map of all district designations. Initiated by the Planning Commission at their meeting on August 25, 2004. The Planning Commission held public hearing on the first portion of initiated rezonings for the new zoning map on November 17, 2004. The map designations initiated for public hearing at December’s meeting are the CP to related zonings [RM24 (RMO), CC200 and PCD-2 [Westgate];] and specific portions of older neighborhoods from RS-2 to RS5.
The Commission agreed at the beginning of the meeting to move this item to the end of the agenda.
STAFF PRESENTATION – CP (Commercial Parking)
Ms. Stogsdill said the Commission would need to take multiple actions, beginning with consideration of the areas currently zoned CP (Commercial Parking). She explained the new code did not have a comparable zoning classification for converting these properties. Staff had provided a recommended new zoning district for each property, based on zoning of the use each served.
It was clarified that the Commission could take a single action to approve rezoning of all the CP areas as proposed by Staff if no objection was found to any of those recommendations.
PUBLIC HEARING
No member of the public spoke on this item.
COMMISSION DISCUSSION
Chairman Haase referenced the parking lot identified at 303 W. 11th Street. He said this lot served the commercial office use on that corner, not the apartment use designated on Staff’s chart. It was discussed that the proposed zoning classification of RMO could remain, because the office use would be rezoned (with adoption of the new code) to RMO as well. Staff agreed to change the chart to indicate the parking lot served the office instead of the apartments.
ACTION TAKEN
Motioned by Comm. Angino, seconded by Comm. Riordan to approve the rezoning of all lots with CP (Commercial Parking) zoning to the individual zoning classifications recommended in the table provided by Staff.
Motion carried unanimously, 10-0.
STAFF PRESENTATION – RS5 Zoning District
Ms. Stogsdill explained that, when the new code was adopted, areas currently zoned RS-2 would convert to RS7. The new RS7 zoning district carried a minimum lot size requirement of 7,000 square feet, and many neighborhoods and portions of neighborhoods (especially in older parts of Lawrence) would become non-conforming because they did not meet this requirement. Staff proposed the approval of a new zoning classification (RS5) for these areas that carried a lot size requirement of 5,000-6,999 square feet. The materials provided identified broad areas suggested for the new RS5 zoning district.
It was established that the RS5 zoning would allow for some infill development, but not as much as would seem possible looking only at lot sizes. Many of the larger lots in the proposed RS5 areas were already developed with centrally-located structures, and infill development would require the removal or relocation of these homes. Staff provided a map showing actual structure placement to show the few places infill would be possible.
In response to public concerns, Staff had plotted out the proposed RS5 lots in North Lawrence in relation to the floodplain. Looking at this map, it was apparent that only a small number of these lots fell in the floodplain, and none of them would be able to develop (infill) any further.
Staff had also plotted out the lots in the Oread Neighborhood to look at the 1600 Block of Vermont and Kentucky Streets. It was noted that there were larger lots here that had potential for infill, but this area was within the environs of one or more listed historic structures. This added a level of review to any project (demolition and/or construction) proposed in the area.
Ms. Stogsdill said she attempted to address most of the concerns expressed in the letter from Patricia Sinclair in the Staff Report. Specifically, the Staff Report detailed how the RS5 district differed from RS7 and how the regulations regarding unrelated individual residents would apply in all RS districts.
It was clarified that RS5 was a single-family zoning district, so new development, including infill, would be restricted to that use.
The Commission agreed to extend the meeting until the agenda was complete.
Staff was asked to explained the reasoning behind including the 1600 block of Kentucky in the proposed RS5 district, since this “jogged out” the boundary of the district. Ms. Stogsdill noted that those lots were currently zoned RS-2 (would convert to RS7) which did not match the adjacent zoning to the west. If the lots were not zoned to match the new RS5 to the east, they would become a spot zone.
It was discussed the North Lawrence Improvement Association had stated their opposition to the possible infill development the city wanted to encourage. This was historically the neighborhood’s position. It was pointed out that there were only about 4 lots available for infill in North Lawrence and suggested that this was a minimal concern and would not make a significant impact on the areas’ floodplain issues.
ACTION TAKEN
Motioned by Comm. Angino, seconded by Comm. Riordan to approve the rezoning of all the lots identified by Staff from RS-2 to RS5 and forward it to the City Commission with a recommendation for approval.
DISCUSSION ON THE ACTION
Comm. Burress asked for more information related to the concerns of Ms. Sinclair. It was established that Ms. Sinclair’s lot was one that would become non-conforming under RS7 zoning, so she would not be able to rebuild without variances if her home were lost.
It was assumed that concerns about the 1600 Block of Kentucky and Vermont were adequately addressed, since those expressing these concerns had left the meeting after hearing about the additional layer of review (HRC) for any projects in this area.
ACTION TAKEN
Motion on the floor was to approve the rezoning of all the lots identified by Staff from RS-2 to RS5 and forward it to the City Commission with a recommendation for approval.
Motion carried unanimously, 10-0.
DISCUSSION ON THE ACTION
Comm. Burress asked to specifically state for the record why the Commission acted in opposition to the letters from the public:
· Oread – it appears that the number of undeveloped properties is small and the area is subject to additional review by the HRC.
· North Lawrence – the majority of the area is already developed and the RS5 zoning protects property owners, allowing them to rebuild if existing structures are lost