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PLANNING COMMISSION REPORT SUMMARY Public Hearing Item |
ITEM NO. 8B: C-4 & RS-1 TO C-4; 2.55 ACRES; 1045 E. 23RD STREET (PGP)
Z-09-45-04: A request to rezone a tract of land approximately 2.55 acres from C-4 (General Commercial) District and RS-1 (Single-Family Residence) District to C-4 (General Commercial) District. 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. This staff report has been revised from the December Staff Report to incorporate the RM-D request on the adjacent rezoning for Z-09-44-04.>>
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STAFF RECOMMENDATION: Planning Staff recommends approval of the rezoning of a tract of land from C-4 (General Commercial) District and RS-1 (Single-Family Residence) District to C-4 (General Commercial) 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. Approval and filing of a final plat at the Register of Deeds Office. |
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Applicant’s Reason for Request: |
Development of existing non-conforming mobile home park to office/retail uses. |
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KEY POINTS
Rezoning of 2.55 acre parcel from C-4 (0.73 acre) RS-1 (1.67 acres) and 23rd Street Right-of-Way (0.19 acre), all to C-4 (General Commercial) District zoning.
· MULTIPLE REQUEST DEVELOPMENT PACKAGE: The requested rezoning was submitted in conjunction with a second rezoning (Z-09-44-04) request and the Midyett Offices Preliminary Plat (PP-09-45-04) and Carpenter Addition No. 2 Final Plat [PF-12-40-04]. · Rezoning the 2.55 acre parcel from C-4 and RS-1 will result in a loss of single-family residential zoning for this tract. · Access to commercially zoned properties directed to E. 23rd Street; no access to E. 24th Street from the commercially zoned property. |
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GOLDEN FACTORS TO CONSIDER
ZONING AND USES OF PROPERTY NEARBY · Property surrounding the 2.55 acre subject property represents both commercial and 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 to the east, south and west of the subject property.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · E. 23rd Street -- “Future development and redevelopment shall include parcel consolidation and re-subdivision to establish properly sized and configured commercial sites to encourage a coordinated and unified development pattern.” |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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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.
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PUBLIC HEARING ITEM:
ITEM NO. 8B: C-4 & RS-1 TO C-4; 2.55 ACRES; 1045 E. 23RD STREET (PGP)
SUMMARY
Z-09-45-04: A request to rezone a tract of land approximately 2.55 acres from C-4 (General Commercial) District and RS-1 (Single-Family Residential) District to C-4 (General Commercial) District. 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: C-4 (General Commercial) District and RS-1 (Single-Family Residence) District; mobile home park.
Surrounding Zoning and Land Use: C-4 (General Commercial) District: to the north, undeveloped; to the east, retail use. Also to the east, RS-1 (Single-Family Residence) District; undeveloped.
RS-1 (Single-Family Residence) District to the south; mobile home park.
C-4 (General Commercial) District to the west; retail use. Also to the west, RS-1 (Single-Family Residence) District, single-family home.
Reason for Request: Redevelopment of existing mobile home park to
office/retail uses.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – Property surrounding the 2.55 acre subject property represents both commercial and residential district zoning. Of the 2.55 acres, approximately 65 percent is currently zoned RS-1 (Single-Family Residence) District. Along E. 23rd Street, C-4 (General Commercial) District zoning exists. Zoning along E. 24th Street is both RS-1 (Single-Family Residence) and RM-D (Duplex Residential) Districts.
II. CHARACTER OF THE AREA
The subject property is located on the south side of E. 23rd Street, approximately 500’ east of the Haskell Avenue and E. 23rd Street intersection. The subject property has been in continual use as a legal non-conforming mobile home park for approximately 40 years. As part of the E. 23rd Street commercial corridor, the mobile home park’s existing E. 23rd Street frontage is surrounded by a variety of commercial uses: to the north (undeveloped, but adjacent to future QuikTrip convenience store); east (Kawasaki dealership); and west (Sonic drive-in). As the site continues to the south, land is primarily zoned residential: to the east (undeveloped); south (mobile home park and single-family subdivision); and west (single-family home and Tolar Cabinets, zoned C-4).
Staff Finding - The overall character of the area represents commercial uses fronting on to E. 23rd Street and Haskell Ave., with residential uses or residentially zoned property to the east, south and west of the subject property.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The 2.55 acre subject property is currently zoned both C-4 (0.73 acre) and RS-1 (1.67 acres). The existing non-conforming mobile home use (operating on both C-4 and RS-1 zoned land) is recognized as a legal non-conforming use. Given its non-conforming status, significant modifications to the existing mobile home park (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.
Staff Finding - The subject property is suited for commercial uses on or near E. 23rd Street with low or medium density residential uses along E. 24th Street. 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
As stated, the existing C-4
(General Commercial) District zoning on or near E. 23rd Street is
compatible with surrounding commercial uses along the commercial corridor.
Rezoning the existing RS-1 (Single-Family Residence) area of the 2.55 acre site
to C-4 zoning should not detrimentally affect nearby property as long as an area
of the site provides sufficient buffer between commercial and residential uses.
That issue is addressed in the second rezoning request, Z-09-44-04, which
proposes to rezone the remaining RS-1 (Single-Family Residence) District to
RO-1 (Residence-Office) District RM-D (Duplex-Residential)
District.
Staff Finding – Expansion of commercial zoning and elimination of existing residential zoning on the 2.55 acre subject property will not be detrimental to nearby property as long as a sufficient amount of residential zoning remains as a buffer between the expanded commercial and existing 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 of the subject area may provide relative gains to the community by providing additional commercial and retail opportunities along one of the City’s major commercial corridors. However, given the overall size of the area to be rezoned commercially (1.67 acres combined with an existing 0.73 acre) may impact surrounding residential uses to the south and west of the subject property and compel rezoning of the undeveloped RS-1 (Single-Family Residence) District zoned land immediately east of 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 Six – Commercial Land Use
LAWRENCE - EXISTING COMMERCIAL AREAS
pg. 6-14
· E. 23rd Street (Learnard Street to Harper Street)
“E. 23rd Street is an Existing Strip Commercial area…A substantial amount of property exists between Haskell Avenue and Harper Street that should be redeveloped to geographically balance commercial development occurring in other areas of the community. The area should become more retail and office in orientation. Future development and redevelopment shall include parcel consolidation and re-subdivision to establish properly sized and configured commercial sites to encourage a coordinated and unified development pattern.”
STAFF REVIEW
This request calls for the rezoning of 2.55 acres from C-4 (General Commercial) District, RS-1 (Single-Family Residence) District to C-4 (General Commercial) District. As stated, 65 percent of the existing parcel is zoned RS-1, which will be eliminated with this rezoning. In addition, the proposed C-4 expanded parcel will extend from E. 23rd Street’s existing commercial corridor to almost E. 24th Street, where it will abut residentially zoned land.
The C-4 (General Commercial)
District zoning is clearly appropriate along E. 23rd Street and
should be allowed to extend further south as long as a sufficient amount of
residential zoning remains as a buffer between the expanded commercial and
existing residential zoning districts. As stated, that issue is addressed in the
second rezoning request, Z-09-44-04, which proposes to rezone the remaining 0.68
acre piece of the subject property from RS-1 (Single-Family Residence) District
to RO-1 (Residence-Office) RM-D (Duplex-Residential) District. The
applicant believes this to be an appropriate buffer between commercial and
residential uses. However, with regard to this request, Planning Staff supports
the expansion of the C-4 zoning district on the approximately 2.55 acre subject
property.
STAFF RECOMMENDATION
Approve rezoning of a tract of land from C-4 (General Commercial) District and RS-1 (Single-Family Residence) District to C-4 (General Commercial) District based upon the findings of fact presented in the body of the Staff Report and forwarding of it to the Lawrence City Commission with a recommendation for approval subject to the following condition:
1. Approval and filing of a final plat at the Register of Deeds Office.