REGULAR AGENDA

NON-PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT SUMMARY

ITEM NO. 9C: RS-2 TO PRD-1; 1.903 ACRES; 1535 HASKELL AVENUE (SLD)

Z-12-54-04: A request to rezone a tract of land approximately 1.93 acres from RS-2 (Single-Family Residential) District to PRD-1 (Planned Residential Development) District. The property is described as being located at 1535 Haskell Avenue. Submitted by Allen Belot for Parnell Park Investors.

STAFF RECOMMENDATION: Staff recommends approval of the 1.93 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 of this property wish to rezone in order to develop this site with single-family detached residences as a continuation of a previously preliminary approved residential development.

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 a continuation of 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.

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

1. Zoning Z-08-38-04 approved pending publication (Previous Agenda Item)

2. Final Plat FP-12-38-04 Phase 1 (Current Agenda Item)

3. Final Development Plan FDP-12-18-04 Phase 1 (Current Agenda Item)

4. Revised Preliminary PDP-12-11-04 Phase 2 (Current Agenda Item)

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None received

Insert Map page here:

PUBLIC HEARING ITEM:

ITEM NO. 9C: RS-2 TO PRD-1; 1.903 ACRES; 1535 HASKELL AVENUE (SLD)

SUMMARY

GENERAL INFORMATION

Current Zoning and Land Use: RS-2 (Single-Family Residence) District; existing single-family residence to remain with revised access to interior street as part of development.

Surrounding Zoning and Land Use: RS-2 (Single-Family Residence) District in all directions; Pending PRD-1 (Planned Residential District) to the west and northwest. Existing single-family uses to the north, south, and east

RM-1 (Multiple-Family Residence) District to the southeast, existing multi-family development.

Reason for Request: Development of single-family residential lots.

I. ZONING AND USES OF PROPERTY NEARBY

Staff Finding – The subject property is surrounded by residential and community facility uses in all directions. The subject property is immediately adjacent to an approved (preliminary) residential development and is intended to be incorporated into the development to the northwest. A public park is on the far west side. The Lawrence Boys and Girls Club is located to the southeast of the subject property. Additional community facilities are located on the north side of E. 15^th Street.

II. CHARACTER OF THE AREA

Staff Finding – The subject property is located within the western portion of the Brook Creek Neighborhood (originally called Far East Lawrence). 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 Avenue. It also abuts an arterial street, Haskell Avenue, on the east side.

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 residential districts defined in Section 20-601 and summarized as following: Protection of the residential character by excluding commercial and industrial activities; Encourage an environment for family life by permitting neighborhood facilities; Permit certain appropriate institutions to be located in residential neighborhoods; Preserve openness of the areas and avoid overcrowding by requiring yards and open spaces and; Allowing 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) which 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 proposed zoning district is for a planned unit development. The PRD-1 (Planned Residential District) allows a maximum density of seven (7) dwelling units per acre. 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 shares common property lines with a proposed residential development on a portion of the north and all of the west property lines. It is intended to be an extension of that development (Parnell Park PRD Phase I). 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. The existing zoning has been in place since 1966. The existing residence is proposed to be incorporated with the proposed development and direct access to Haskell Avenue will be removed.

V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Denial of the request would limit the property to its current use as a single-family residence with direct access to an arterial street. 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. The pending development is not reliant on this property for access, open space or density and can exist as an independent 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 ability to incorporate the property and existing structure into the proposed development to the north. 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

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 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 1.9 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 the rezoning ordinance.