|
PLANNING COMMISSION REPORT SUMMARY Public Hearing Item |
ITEM NO. 8A: RS-1 TO RO-1; 0.86 ACRE; A PORTION OF 1045 E. 23RD STREET (PGP)
SUMMARY
Z-09-44-04: A request to rezone a tract of land approximately 0.86 acre from RS-1 (Single-Family Residential) District to RO-1 (Residence-Office) District. The property is a portion of the parcel located at 1045 East 23rd Street (with frontage along E. 24th Street). The property is described as being located at 1045 East 23rd Street. Submitted by Landplan Engineering, P.A., for Larry Midyett, contract purchaser.
<<Note: This item was deferred from the December Planning Commission Meeting at the applicant’s request. The applicant has now requested the rezoning request be modified to the lesser change of RM-D (Duplex-Residential) District. No new public hearing is required for the modification as identified in the Lesser Change Table. This Staff Report has been revised from the December Staff Report to incorporate the RM-D request.>>
|
STAFF RECOMMENDATION: Planning Staff recommends the following:
1.
Planning Commission forward the rezoning request to the Lawrence City Commission with a recommendation for approval of the rezoning from RS-1 (Single-Family Residence) District to RM-D (Duplex-Residential) District based upon the findings of fact presented in the body of the Staff Report and based upon the Lesser Change Table, subject to the following condition:
1. Approval and filing of a final plat at the Register of Deeds Office.
|
|
Applicant’s Reason for Request: |
Future development of southern portion of existing non-conforming mobile home park to duplex residential. |
|
KEY POINTS
Rezoning
of 0.86 acre parcel from RS-1 (Single-Family Residential) District to
· MULTIPLE REQUEST DEVELOPMENT PACKAGE: The requested rezoning was submitted in conjunction with (Z-09-45-04) rezoning request and the Preliminary Plat (PP-09-45-04) and now Carpenter Addition No. 2 Final Plat [PF-12-40-04]. · RO-1 (Residence-Office) District zoning has a maximum density of 43 dwelling units per acre. · RM-D (Duplex-Residential) District has a maximum density of 12.44 dwelling units per acre with a limitation of only one duplex structure per lot. · RO-1 (Residence-Office) District allows for a variety of office and multi-family uses. · RM-D (Duplex-Residential) District, per Section 20-604, is designed to provide for duplexes only. · RS-1 (Single-Family Residence) District zoning has a density of 4.3 dwelling units per acre. |
|
GOLDEN FACTORS TO CONSIDER
ZONING AND USES OF PROPERTY NEARBY · Property surrounding the 0.86 acre subject property represents residential district zoning.
CHARACTER OF THE AREA · The overall character of the area represents commercial uses fronting on to E. 23rd Street and Haskell Avenue with residential uses or residentially zoned property in all four geographic directions from the subject property.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · “Ensure transition from low-density residential neighborhoods is compatible with more intensive residential and nonresidential land uses.” |
|
ASSOCIATED CASES/OTHER ACTION REQUIRED
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
Letter from Home Circle Neighborhood Group, requesting two-month deferral from prior Planning Commission October 2004 meeting of preliminary plat and both rezoning requests. · Reason for deferral request: Time to hold meetings/gather information as to how project will impact surrounding residential uses, including the Hand Subdivision.
|
PUBLIC HEARING ITEM:
ITEM NO. 8A: RS-1 TO RO-1; 0.86 ACRE; A PORTION OF 1045 E. 23RD STREET (PGP)
SUMMARY
Z-09-44-04: A request to rezone a tract of land approximately 0.86 acre from RS-1 (Single-Family Residential) District to RO-1 (Residence-Office) District. The property is a portion of the parcel located at 1045 East 23rd Street (with frontage along E. 24th Street). The property is described as being located at 1045 East 23rd Street. Submitted by Landplan Engineering, P.A., for Larry Midyett, contract purchaser.
GENERAL INFORMATION
Current Zoning and Land Use: RS-1 (Single-Family Residence) District; mobile home park.
Surrounding Zoning and Land Use: RS-1 (Single-Family Residence) District: to the north, mobile home park; to the east, undeveloped; and to the west, single family home.
RM-D (Duplex-Residential) District to the south, residential subdivision.
Reason for Request: Future development of southern portion of existing non-conforming mobile home park to duplex residential.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – Property surrounding the 0.86 acre subject property represents residential district zoning. RS-1 (Single-Family Residence) District surrounds the subject property to the north, east and west. RM-D (Duplex-Residential) District zoning is to the south of the subject property.
II. CHARACTER OF THE AREA
The subject property is located on the north side of E. 24th Street, approximately 450’ east of the Haskell Avenue and E. 24th Street intersection. The subject property has been in continual use as a legal non-conforming mobile home park since 1966 when the RS-1 (Single-Family Residence) District was first designated. The subject property’s frontage along E. 24th Street is surrounded by RS-1 and RM-D zoning district.
Staff Finding - The overall character of the area represents residential uses or residentially zoned property in all four geographic directions from the subject property.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The 0.86 acre subject property is
currently zoned RS-1 (Single-Family Residence) District and has operated as part
of a mobile home park for approximately 40 years. The requested rezoning was
submitted in conjunction with another rezoning (Z-09-45-04) request and the
Midyett Offices Preliminary Plat (PP-09-45-04). Rezoning the 0.86 acre parcel
from RS-1 to RO-1 (Residence-Office) RM-D
(Duplex-Residential) District will introduce the potential for a much
higher density than currently permitted. on any residentially zoned adjacent
parcel. RO-1 allows as much as 43 dwelling units per acre. RM-D
allows 12.44 dwelling units per acre restricted to duplex building types.
The current RS-1 district has a permitted density of 4.3 dwelling units per
acre. Under the RO-1 zoning, a variety of office uses are permitted. Under
the RM-D zoning, residential duplexes are allowed.
With regard to the non-conforming mobile home park, significant modifications (such as the relocation of homes to other parts of the site) will require approval of a UPR (Use Permitted upon Review) and compliance with Section 20-1423 – Mobile Home Park Regulations. Based on a review of Section 20-1423, it does not appear that the current site can meet those regulations; specifically minimum site area of five acres and location and access to arterial or major collector street. Variances through the Board of Zoning Appeals in conjunction with the UPR may be required to modify the existing mobile home park site. The applicant has indicated that significant changes to the remaining portion of the park are not platted. Mobile homes will remain on Lots 2 and 3 until those lots redevelop.
Staff Finding – Given its size and proximity to other residential zoning districts, the subject property is best suited for low or medium density residential uses. Low density is defined as six or fewer dwelling units per acre. Medium density is defined as 7-15 dwelling units per acre.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property has been zoned C-4 (General Commercial) District and RS-1 (Single-Family Residence) District for a number of years.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff
Finding – Rezoning the subject property to RO-1
(Residence-Office) District will allow a much higher dwelling unit density than
currently allowed under the RS-1 zoning. Additionally, the RO-1
(Residence-Office) District will allow for a variety of office-related uses on
the subject property that may or may not be compatible with the surrounding
residential zoning districts. The relatively small site size and proposed
inclusion of a detention basin on this parcel may create challenges in buffering
office uses from the nearby residential uses.
Staff Finding. Rezoning the subject property to RM-D (Duplex-Residential) District will allow for a higher dwelling unit density than currently allowed under the RS-1 zoning. There is a RM-D (Duplex-Residential) District zoning across 24th Street to the south. Additionally, the RM-D (Duplex-Residential) District will allow for duplex residential uses.
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
Evaluation of these criteria weighs the benefits to the community-at-large versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare.
Staff Finding - Denial of the rezoning would not provide a gain to the public health, safety and welfare. The rezoning would assist in the development of the property.
The
increase in density permitted under the RO-1 district zoning coupled with a
variety of permitted uses may negatively impact surrounding residential uses and
residentially zoned land in all four geographic directions from the subject
property.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on key features, goals, policies and recommendations of the plans.
Map 3-2 (pg.
3-4) Lawrence Future Land Use map identifies the subject property as “Office
and/or Commercial,” which allows for a variety of land use types, excluding
residential uses.
Chapter Five – Residential Land Use
RESIDENTIAL LAND USE GOALS AND POLICIES
Low-Density Residential Land Use
GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses
· “Ensure transition from low-density residential neighborhoods is compatible with more intensive residential and nonresidential land uses.”
STAFF REVIEW
This request calls for the
rezoning of 0.86 acre from RS-1 (Single-Family Residence) District to
RO-1 (Residence-Office) 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. But the
RO-1 district also allows for as many as 43 dwelling units per acre; one of the
highest densities allowed in “R” districts in Lawrence.
This request calls for the rezoning of 0.86 acres from RS-1 (Single-Family Residence) District to RM-D (Duplex-Residential) District. The purposed of the RM-D (Duplex-Residential) District is to provide for residential duplex uses. The RM-D District allows for 12.44 dwelling units per acre limited to duplex structures.
In the case of the subject property, E. 24th Street has developed with a variety of use types – from residential to industrial uses all within a few city blocks. But the land uses that surround the subject property are exclusively residential in character and in zoning; from the RM-D zoned Hand Subdivision (developed with single-family homes) across E. 24th Street to the single family homes located to the west of the subject property.
The applicant believes that
RO-1 is an appropriate transitional zoning between the requested C-4 rezoning to
the north and surrounding residential land uses. Planning Staff recognizes the
need to provide an appropriate transitional zoning between these commercial and
residential uses, but believes that RO-1 (Residence-Office) District may
introduce uses and a level of density that would not be compatible with
surrounding residential uses. With 12.45 dwelling units to the acre and a
limited scope of permitted uses, Staff sees the RM-D (Duplex-Residential)
as a more appropriate transitional zoning between the two use types.
In Staff’s opinion, the RM-D (Duplex-Residential) District is an appropriate transitional zoning between the commercial activities along 23rd Street and the residential uses south of the property.
RM-D (Duplex-Residential District) is proposed to convert to RM-12 in the new development code. The City Commission has asked staff to look at the potential of initiating RM-D properties to RS-3 or RS-5 to preserve the duplex limitation.
STAFF RECOMMENDATION: Planning Staff recommends the following:
1.
Planning Commission applies the “Lesser Change Table” to the requested RO-1
(Residence-Office) District zoning and consider RM-1 (Multiple-Family
Residence) District or RM-D (Duplex-Residential)
District as an appropriate transitional zoning
between the expanded C-4
district and existing residential uses.
2.
Planning Commission denies a rezoning of a
tract of land from RS-1 (Single-Family
Residence) District to RO-1
(Residence-Office) District based upon the findings of fact
presented in the body of the
Staff Report and forwarding of it to the Lawrence City
Commission.
Planning Commission forward the rezoning request to the Lawrence City Commission with a recommendation for approval of the rezoning from RS-1 (Single-Family Residence) District to RM-D (Duplex-Residential) District based upon the findings of fact presented in the body of the Staff Report and based upon the Lesser Change Table, subject to the following condition:
1. Approval and filing of a final plat at the Register of Deeds Office.