PLANNING COMMISSION REPORT SUMMARY

Regular Agenda – Public Hearing Item

PC Staff Report

06/22/05

ITEM NO. 16:           M-1 to RO-2; 1.004 ACRE; 19TH & BULLENE AND BULLENE AND HOMEWOOD (LAP)

 

Z-05-33-05: A request to rezone a tract of land approximately 1.004 acre from M-1 (Research Industrial) District to RO-2 (Residence-Office) District. The property is generally described as being located between E. 19th and Homewood Streets, east of Bullene Avenue. Submitted by Lawrence Habitat for Humanity, applicant, and David, Elsie, Roger, and Richard Hemphill, property owners of record.

 

 

STAFF RECOMMENDATIONS: 

1.  Staff recommends approval of rezoning approximately one acre from the M-1 District to the RO-2 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:

a.      Approval of an applicant-initiated exception to Ordinance No. 7841, which is an Ordinance establishing the Burroughs Creek Area Plan building permit moratorium.

 

2.  Staff recommends that the Planning Commission initiate a rezoning for Lots 8 through 11, and 19 through 21 of Homewood Gardens from the M-1 District to the RO-2 District for the August or September Planning Commission meeting.

 

Reasons for Request:

To develop three single-family homes on undeveloped land and to create compliance for the existing single-family homes.

 

KEY POINTS

  • The intent of the applicant is to develop three single-family homes on undeveloped land within the City of Lawrence.
  • Four single-family homes currently exist on the southern portion of the subject area. The applicant has indicated that the ownership of these homes will remain unchanged.
  • The subject parcel is within the boundaries of the Burroughs Creek Corridor Plan. As such, it is subject to a building permit moratorium for the area that is effective until November, 2005. The applicant has expressed the intent to file a request for an exception to the Ordinance establishing the moratorium with the Office of the City Clerk.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by a mix of residential and light industrial uses. While residential uses abut the property directly to the east and west, light industrial and commercial uses surround the property to the north and south.

CONFORMANCE WITH HORIZON 2020

  • Medium-density development is defined by Horizon 2020 as being seven to 15 dwelling units per acre. As this application includes an area that will include seven units per acre, the area is considered to be medium-density.
  • The rezoning of this area from the M-1 District to the RO-2 District is consistent with several Horizon 2020 policies pertaining to medium-density residential development.

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-02-4-86: M-1 to RM-1; Lots 6, 7, & 22, Block 6, Homewood Gardens [Note: Per Ordinance No. 5713, these three lots were rezoned from the M-1 District to the RO-2 District.]

·         Z-09-42-00: M-1 to RO-2; Lot 23, Block 6, Homewood Gardens

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • Erma Dieker, 931 Homewood, called to say that she is in favor of a Planning Commission-initiated rezoning of her property from the M-1 (Research Industrial) District to a residentially-zoned district.
  • Michael Almon, on behalf of the Burroughs Creek Area Plan Committee, submitted a letter dated June 6, 2005, urging the Planning Commission to initiate a rezoning of the remaining five single-family lots that are zoned M-1 (Research Industrial) District within the subject block. The committee would prefer an RS-2 District designation for these homes.
  • Beth Anne Mansur, on behalf of the Brook Creek Neighborhood Association, submitted a letter dated June 6, 2005, urging the Planning Commission to rezone the subject properties to the RS-2 District. The letter expressed support for the construction of single-family homes on the vacant lots.

 

 

 

PUBLIC HEARING ITEM:

 

PC Staff Report

06/22/05

ITEM NO. 16:           M-1 to RO-2; 1.004 ACRE; 19TH & BULLENE AND BULLENE AND HOMEWOOD (LAP)

SUMMARY

 

Z-05-33-05: A request to rezone a tract of land approximately 1.004 acre from M-1 (Research Industrial) District to RO-2 (Residence-Office) District. The property is generally described as being located between E. 19th and Homewood Streets, east of Bullene Avenue. Submitted by Lawrence Habitat for Humanity, applicant, and David, Elsie, Roger, and Richard Hemphill, property owners of record.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

M-1 (Research Industrial) District; four single-family homes.

 

Surrounding Zoning and Land Use:

 

         

M-2 (General Industrial) District to the north; undeveloped land (approved site for Salvation Army development).

 

C-2 (Neighborhood Shopping) District to the south; City of Lawrence Parks Maintenance Facility.

 

M-1 (Research Industrial) District and RO-2 (Residence-Office) District to the east; single-family homes.

 

M-1 (Research Industrial) District and M-2 (General Industrial) District to the west; single-family home.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly west of the subject parcel is zoned M-1 (Research Industrial) District, while the land to the east is zoned M-1 (Research Industrial) District and RO-2 (Residence-Office) District. The properties to the south are zoned C-2 (Neighborhood Shopping) District, and to the north is the M-2 (General Industrial) District. Single-family homes surround the property to the east and west. To the south is the City of Lawrence Parks Maintenance Facility; while to the north is undeveloped land.

 

Staff Finding – The applicant is proposing to rezone approximately one acre from the M-1 (Research Industrial) District to the RO-2 (Residence-Office) District. The subject property currently includes four single-family homes and open space. The areas surrounding the subject property are zoned M-2 (General Industrial) District, C-2 (Neighborhood Shopping) District, M-1 (Research Industrial) District, and RO-2 (Residence-Office) District. The subject area and the RO-2 District further to the east are separated by five single-family homes that are zoned M-1 (Research Industrial) District. The subject parcel is surrounded by single-family homes, open space, and the City of Lawrence Parks Maintenance Facility.

 

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by single-family homes, open space, and light industrial uses. The parcels surrounding the subject property are zoned for industrial, commercial, and residential uses. The subject property is located within the Lawrence city limits.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The subject property is currently zoned for industrial use. According to the city’s Zoning Regulations, the M-1 (Research Industrial) District is “…designed (a) to provide an industrial park type environment exclusively for, and conducive to, the development and protection of modern administrative facilities and research institutions, all of a non-objectionable type, and (b) to protect nearby residential and commercial areas.”

 

The applicant is proposing to rezone the subject property to the RO-2 (Residence-Office) District, which requires a minimum lot area per dwelling unit of 3,500 square feet. The general purpose of the residence-office district is “…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.” The RO-2 (Residence-Office) District specifically limits residential units to single-family or duplex structures that are located adjacent to or near single-family and restrictive commercial uses.

 

Staff Finding – Residential development surrounds the property to the east and west. The Parks Maintenance Facility is located directly to the south, and open space is located to the north. As the minimum lot size for the M-1 (Research Industrial) District is seven acres, this one-acre area does not meet the minimum lot area needed for industrial development. Additionally, four existing single-family homes exist on the subject property. Based on the proximity of the subject property to several single-family homes, the size of the subject area, and the existing single-family land uses, this one-acre area is not well-suited for the industrial uses to which it has been restricted.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding - The property has been zoned M-1 (Research Industrial) District since the adoption of the 1966 City of Lawrence Zoning Regulations. The subject property includes open space and four single-family homes.

 

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

 

Staff Finding – As this area is abutted by single-family development to the east and the west, the rezoning of this area is not anticipated to detrimentally affect nearby property. Instead, the rezoning should enhance the existing neighborhood and provide compliance to the four existing single-family homes. It is important to note that the requested RO-2 District is more restrictive than the current M-1 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

 

Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.

 

Staff Finding – If the property retains its M-1 (Research Industrial) District designation, it could be developed with any of the following permitted uses, among others: agriculture (animal husbandry or field crops), community facilities and utilities (residential), and research and testing facilities.

 

With the rezoning of this property to the RO-2 District, the applicant intends to build three single-family homes on the vacant portion of the subject area. The developed portion of the subject area includes four single-family homes, which will maintain their current ownership. As such, the rezoning of this area will not only generate conformance for the existing single-family homes, but it will also allow for consistency in use within this block. Granting the rezoning request would allow the property owner to construct three single-family homes for the Lawrence Habitat for Humanity program. Therefore, approval of the rezoning request would provide a relative gain to the public.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located east of Bullene Avenue and west of Haskell Avenue. The following goals and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Medium-Density Residential Land Use

 

GOAL 1:   Criteria for Location of Medium- and Higher-Density Residential Development

“Adopt criteria which will ensure that livability, property values, open space, safety and the general welfare are sustained.”

 

Policy 1.1:  Consider Land Use Relationships

b.      Careful attention shall be given to the transition areas between different housing types and different densities and intensities of use so as to ensure compatibility of uses.

 

Policy 1.5:  Ensure Adequate Infrastructure

“Ensure that medium- and higher-density development occurs in areas which can be adequately and efficiently served by infrastructure facilities.”

 

GOAL 2:  Create a Functional and Aesthetic Living Environment

“Create and maintain medium- and higher-density residential developments that are aesthetically pleasing and functionally efficient and practical.”

 

Policy 2.7:  Provide for a Variety of Housing Types

a.      Intersperse low- to moderate-income housing throughout the city.

 

Staff Finding – The project conforms with several Horizon 2020 policies related to medium- density residential uses. Specifically, the rezoning of this land to a residential district will allow for the development of single-family homes, which will be compatible with the residential land uses to the east and west of the subject property. Because existing development surrounds the project to the east, west, and south, the project will be adequately served by an extension of infrastructure facilities. The project also complies with Horizon 2020 in that it is expected to provide an affordable housing option via the Lawrence Habitat for Humanity program.

 

STAFF REVIEW

The subject property is located west of Haskell Avenue and east of Bullene Avenue. As previously stated, land uses surrounding the property include single-family homes, open space, and the City of Lawrence Parks Maintenance Facility. While the proposed area, which includes four existing and three future single-family homes, is being rezoned to the RO-2 (Residence-Office) District, the single-family homes directly to the east and west of the subject area will maintain the M-1 (Research Industrial) District designation. The rezoning of the subject area will create conformance for the area’s four existing single-family homes and will be consistent with the RO-2 (Residence-Office) District zoning of three single-family homes in the eastern portion of this block.

 

As the subject area currently includes four single-family homes and is surrounded by single-family homes on two sides, staff is supportive of rezoning the area from the M-1 (Research Industrial) District to the RO-2 (Residence-Office) District. It is also important to note that the application conforms with several Horizon 2020 policies.

 

The subject parcels are located within the boundaries of the Burroughs Creek Corridor Plan building permit moratorium area. As such, in order to receive building permits for the project, the applicant will need to apply for and receive an exception from the City Commission to the moratorium prior to the November, 2005 moratorium end date.

 

STAFF RECOMMENDATIONS

1.  Staff recommends approval of rezoning one acre from the M-1 District to the RO-2 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:

a.      Approval of an applicant-initiated exception to Ordinance No. 7841, which is an Ordinance establishing the Burroughs Creek Area Plan building permit moratorium.

 

Additional:

2.  Staff recommends that the Planning Commission initiate a rezoning for Lots 8 through 11, and 19 through 21 of Homewood Gardens from the M-1 District to the RO-2 District for the August or September Planning Commission meeting. (The rezoning process should occur at a later Planning Commission meeting, upon notification of the subject property owners.)