PC Staff Report

08/24/05

ITEM NO. 14:           M-1 to RO-2; .99 ACRE; BETWEEN E. 19^TH & HOMEWOOD STREETS (LAP)

 

Z-07-44-05:  A request to rezone a tract of land approximately .99 acre from M-1 (Research Industrial) District to RO-2 (Residence-Office) District. The property is generally described as being located between E. 19^th and Homewood Streets, east of Bullene Avenue, and commonly known as 927, 931, & 935 Homewood Street, and 934 & 938 E. 19^th Street. Initiated by the Lawrence-Douglas County Planning Commission on June 22, 2005.

 

STAFF RECOMMENDATION:  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.
Reasons for Request:	To create compliance for five existing single-family homes and to allow for consistency in zoning within the block.

 

KEY POINTS RO-2 (Residence-Office) District zoning of single-family homes exists directly to the east and west of the five subject M-1 (Research Industrial) District lots. The RO-2 (Residence-Office) District is appropriate for the subject lots, as each lot includes a single-family home and the E. 19th lots are bordered by a minor arterial.

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 uses and city facilities surround the property to the north and south. CONFORMANCE WITH HORIZON 2020 The rezoning of this area from the M-1 District to the RO-2 District is consistent with several Horizon 2020 residential policies.

ASSOCIATED CASES/OTHER ACTION REQUIRED ·         Z-02-4-86: M-1 to RM-1; Lots 6, 7, & 22, Block 6, Homewood Gardens (approved pending publication). [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. ·         Z-05-33-05: M-1 to RO-2; 1.004 acre; 19th & Bullene and Bullene & Homewood. [Note: In order to avoid spot zoning with the approval of case no. Z-05-33-05, the subject rezoning request was recommended by staff along with a recommendation of approval for the aforementioned case.]

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. Jacob Esselstyn, 934 E. 19th Street, submitted a letter, stating that he is in favor of a Planning-Commission-initiated rezoning of his property from the M-1 (Research Industrial) District to a residence-office district. Dori Lewman, 935 Homewood Street, submitted a letter, stating that she is in favor of a Planning Commission-initiated rezoning of her property to the RO-2 (Residence-Office) District.

 

GENERAL INFORMATION
Current Zoning and Land Use:	M-1 (Research Industrial) District; 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.   RO-2 (Residence-Office) District to the east and west; single-family homes.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The properties directly east and west of the subject property are zoned 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, which has been approved for a Salvation Army complex.

 

Staff Finding – The request is to rezone approximately .99 acre from the M-1 (Research Industrial) District to the RO-2 (Residence-Office) District. The subject property currently includes five legal, non-conforming single-family homes – one home per lot. The areas surrounding the subject property are zoned M-2 (General Industrial) District, C-2 (Neighborhood Shopping) District, and RO-2 (Residence-Office) District. Staff had recommended a Planning Commission-initiated rezoning of the subject five parcels as a separate recommendation associated with case no. Z-05-33-05. The Commission recommended approval of staff’s recommendation. With the approval of the subject case, all of the residential uses within the block will be located within a residential zoning district. If the subject five single-family homes were to maintain the M-1 (Research Industrial) District designation, the single-family homes directly to the east and west would be zoned R-O2 (Research Industrial) District, with a .99-acre of M-1 zoning separating the two RO-2 Districts.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by single-family homes, undeveloped land, 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 minimum lot size for the M-1 (Research Industrial) District is seven acres.

 

The request is 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 the future
Salvation Army complex is located to the north. As the minimum lot size for the M-1 (Research Industrial) District is seven acres, none of the five individual lots meet this minimum lot size requirement. Additionally, single-family homes exist on each of the subject lots. 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 .99-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. Each of the five subject properties includes 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 five existing single-family homes. It is important to note that the requested RO-2 (Residence-Office) District is more restrictive than the current M-1 (Research Industrial) 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 (Residence-Office) District, five single-family homes will be zoned residentially, instead of industrially. 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 and zoning within this block. Granting the rezoning request would allow the property owners to construct a home addition, or demolish and reconstruct a new single-family home, duplex, or office that is compatible with single-family homes, among other options. Approval of the rezoning request will protect the public health, safety, and welfare by ensuring that industrial uses are not allowed to be introduced among the single-family homes on the block.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located east of Bullene Avenue and west of Haskell Avenue. The following Horizon 2020 goals and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

 

GOAL 3:  Neighborhood Conservation (Page 5-14)

Policy 3.5:  Minimize Encroachment of Nonresidential Uses (Page 5-15)

Policy 3.6:  Promote Neighborhood Identity (Page 5-15)

         

Staff Finding – The project conforms with several Horizon 2020 policies related to low-density residential uses. Specifically, the rezoning of this land to a residential district will allow for conformity of the existing single-family homes, as well as create compatibility with the residential land uses and zoning to the east and west of the subject property. The RO-2 (Residence-Office) District designation is appropriate for the area, as it abuts a minor arterial (E. 19th Street), and serves as a transitional area for the M-2 (General Industrial) District to the north.

 

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, undeveloped land, and the City of Lawrence Parks Maintenance Facility. Without a residential zoning for the subject area, the property will maintain an industrial district zoning, while the properties directly east and west will be residentially zoned. The rezoning of the subject area will create conformance for the area’s five existing single-family homes and will be consistent with the RO-2 (Residence-Office) District zoning of the other single-family homes within the block. It is also important to note that the application conforms with several Horizon 2020 policies.

 

As the residents of the five homes located on the .99-acre subject parcel did not initiate the rezoning of their properties from the M-1 (Research Industrial) District to the RO-2 (Residence-Office) District, staff contacted each homeowner regarding the request. Three of the five homeowners have expressed support for the rezoning of their property to the RO-2 District (Erma Dieker at 931 Homewood, Dori Lewman at 935 Homewood, and Jacob Esselstyn at 934 E. 19^th Street), while one owner expressed disapproval of the request (Mildred Sousa at 938 E. 19^th Street), and one owner has not responded to staff’s requests (Christopher Miller RP Trustee at 927 Homewood). While not all property owners are in favor of the rezoning request, staff recommends rezoning all five properties to the RO-2 (Residence-Office) District. By rezoning only a few of the subject lots, the block will include spot zoning, which is contrary to the purpose of the rezoning request.