PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

10/26/05

ITEM NO. 8:              M-2 TO RS-2; 1.35 ACRES; 200 Block of Perry Street (SLD)

 

Z-05-34-05:  A request to rezone a tract of land approximately 1.35 acres from M-2 to RS -2; located on the south side of the 200 block of Perry Street.  Requested by the North Lawrence Neighborhood Association and initiated by the Planning Commission at their July 25, 2005, meeting.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning 1.35 acres from M-2 to RS-2 and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

 

 

Reason for Request:

 

Requested by the North Lawrence Improvement Association and initiated by the Lawrence Douglas County Metropolitan Planning Commission.

 

KEY POINTS

  • Request was made by Neighborhood Association and initiated by the Planning Commission in May of 2005.
  • The current zoning does not reflect the existing residential land use.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • Land uses are a mix of residential and non-residential in the 200 and 300 block of Perry Street.

 

CONFORMANCE WITH HORIZON 2020

  • Proposed change conforms with recommended land use policies

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         No other actions associated with request.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • Denise Copp; 302 Perry; phone call in favor of request and inquiring about process
  • Glen Sohl; 242 Perry; phone call opposed to change – purchased property as investment for redevelopment
  • Bob Moody; 241 Maple Street; opposed to inclusion of his property in proposed request.
  • Randy Ham; partner in recent purchase of 242 Perry contacted staff regarding options for redevelopment of property.

 

 

GENERAL INFORMATION

Current Zoning and Land Use:         

M-2 (General Industrial) District; existing residential homes on individual lots.

 

Surrounding Zoning and Land Use:

 

         

M-2 (General Industrial) District and RS-2 (Single-Family Residence) District to the north; existing homes and an automotive repair use on the north side of Perry.

 

M-2 (General Industrial) District to the east; existing single family homes.

M-3 (Intensive Industrial) District to the south; existing residential homes and railroad right-of-way.

 

M-2 (General Industrial) District to the west existing rail road right-of-way on the south side of Perry

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding –The subject property is currently zoned M-2 (General Industrial) District. The surrounding area includes both M-2 (General Industrial) District and RS-2 (Single-Family Residence) District zoning. The land uses include residential homes on individual lots and an automotive use to the northwest and a warehouse to the southeast.

 

II.       CHARACTER OF THE AREA

 

The subject property is located within the North Lawrence Neighborhood. The subject property consists of multiple lots along the south side of Perry Street. Industrial uses can be found through out the neighborhood and within the immediate vicinity of the subject property. The character of the North Lawrence neighborhood is described in the 1981 neighborhood plan as “…unusual for any urban setting. Industrial, commercial and residential land uses exist adjacent to each other and frequently are inconsistent with zoning.”  

 

The south side of Perry Street is not encumbered by any portion of the regulatory floodplain.

 

Staff Finding – The immediate character of the area is most recognizable as residential with single-family homes on individual lots. The subject property abuts other single-family homes and railroad right-of-way to the south.

 

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

 

The subject property is currently zoned for industrial uses. According to the Zoning Regulations for the City of Lawrence, the purpose of the M-2 (General Industrial) District is to “… accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of medium intensity. The M-2 District regulations are intended to permit such activities, subject to limitations that will protect nearby residential and commercial districts and ill insure that permitted uses are compatible with one another.” 

 

The proposed RS-2 (Single-family Residential) District requires a minimum lot area per dwelling unit of 7,000 square feet. The minimum lot area may be reduced in some instances to 5,600 per section 20-1502 which addressed Existing lots of record. The city’s Zoning Regulations state, “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…”

 

 

Staff Finding – The subject property is not suitably zoned given the existing and surrounding residential land use.

 

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

 

Staff Finding –The subject property is zoned M-2 and is developed with existing single-family residential uses. The subject properties have been developed as residential properties since the 1900’s according to the appraiser’s office.

 

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

 

Approval of the proposed request will result in a reduction of allowed uses and increase the boundary of the RS-2 district within the overall neighborhood area. If approved land use would be restricted to single-family homes on individual lots. Nearby property will not be directly affected. If approved, redevelopment of abutting lots may be required to address screening of residential lots in the future. The uses to the north, south and east include similar existing single-family homes. The area to the south also includes railroad right-of-way including tracks and vehicular access.

 

The development of an industrial use on any single lot within the subject property boundary would be unfeasible because of the required M-2 building setbacks. Redevelopment would require assembling multiple properties to accommodate a building wider than 20’, adequate access, parking, landscaping, and other required site improvements depending on the use.

 

Staff Finding – The impact on nearby property is one of perspective given the surrounding residential uses. Approval of the proposed change would be beneficial for those properties currently used for single-family housing in the immediate area. The proposed change provides the ability to obtain reasonable home insurance and will act as protection against encroachment of non-residential activities in the immediate area. Regulations added as a result of this rezoning would include the review and regulations applicable to any parcels used as rental housing through the inspection process.

 

 

 

 

 

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.

 

As noted the existing residences are non-conforming uses in the M-2 zoning district. They are defined in Section 21-2002.13. Changes and modifications to these residential homes are therefore subject to additional review by the City Commission prior to issuance of building permits. The most frequent question asked with regard to non-conforming uses is the ability to reconstruct if the building is damaged beyond 50%. Residential non-conforming uses are expressly allowed to reconstruct per Section 20-1307 subject to density and floodplain limitations of the original structure and building setback and parking requirements of the district are met.  This applies regardless of the underlying zoning designation.

 

This down zoning was made by the North Lawrence Neighborhood Association in response to concerns about how property can be redeveloped in the future that is currently built with single-family homes but is zoned for industrial uses (refer to petition and letter dated May 17). In addition to the petition received, staff and the North Lawrence Neighborhood Association have attempted to contact the other (remaining) property owners regarding this request (see table of addresses).  

 

Staff Finding – Approval of the request will allow for better administration of the zoning code as they apply to the residential land uses. The residential property owners will benefit from being reclassified from non-conforming to conform land uses within the rezoning district.   As a conforming use, they will not be subject to extra-ordinary review of typical residential improvements in the future. Abutting properties to the north, which are existing conforming residential uses, will not be affected by the change. The residential uses to the east, which are also non-conforming, will not be affected by the proposed change. The area to the south includes a mixture of residential and railroad right-of-way and may be affected through requirements of screening if redeveloped in the future. The public benefit is the enhancement of the neighborhood’s residential stability. Approval of this request will not realistically diminish the available industrial land inventory as these properties are not dimensionally adequate to be redeveloped for industrial uses on individual basis.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located within the North Lawrence Neighborhood. Horizon 2020 notes that the Union Pacific Railroad Corridor includes a development pattern that is somewhat fragmented with interspersed residential and commercial land uses [Page 7-3]. The Plan states “Many industrially zoned sites have been developed with residential structures or represent vacant lots originally divided for residential purposes.”

 

The plan identifies Locust Street, Maple Street and Lincoln Street west of 7th Street as serving as “industrial collector streets”. The subject properties are located on Perry Street which functions as a local street. Approval of the request will not alter the travel patterns or access for the non-residential uses in the surrounding area. The northwest end of the 200 block is developed with a commercial rather than industrial land use. The North Lawrence Neighborhood developed historically as a mixed use neighborhood with residential and non-residential uses sharing adjoining property lines. This is a defining characteristic of the neighborhood. The subject properties are not identified as a new industrial area in Horizon 2020.

 

 The Union Pacific Railroad Corridor, as noted in Horizon 2020 represents opportunities for business owners to establish smaller industrial operations within the community. Development of industrial operations requires the assemblage of multiple parcels even for small developments to address building, setback and parking requirements of the M-2 (General Industrial) District. While the property is zoned for industrial uses the development of the individual lots is inconsistent with this zoning classification. The subject property is an established residential development not an industrial one.

 

Horizon 2020 provides policies regarding retention of established industrial development, maintaining a supply of industrially zoned land that allow for a range of site choices, and the use of appropriate transition methods [Industrial Polices Pages 7-7 to 7-10].   

 

Horizon 2020 provides specific residential land use recommendations for North Lawrence with regard to infill development and for areas laying east of 8th Street [Page 5-7]. The proposed change does not represent a new development or redevelopment proposal. The applicable residential policies related to the request are found in Chapter 5 – Goal 3 Neighborhood Conservation [Page 5-14]. The primary residential goal with respect to this issue states: “the character and appearance of existing low-density residential neighborhoods should be protected and improvements made where necessary to maintain the values of properties and enhance the quality of life.”  Approval of the request will encourage the preservation of existing dwelling units by removing the obstacles to home ownership including the ability to obtain insurance and eliminating the review requirements related to non-conforming uses.

 

Staff Finding – Approval of the request is consistent with the land use policies found in Horizon 2020.  

 

STAFF REVIEW

The following tables and maps are included as supplemental information regarding the land use and surrounding areas.

Summary of petition and follow-up calls by staff

Address

Built

Land Use

Zoning

Owner

Petition

200 Perry

Vacant

Residence

M-2

Union Pacific Railroad

No comment received

218 Perry

1900

Residence

M-2

Regan Capps

Included in petition

Favors request

222 Perry

1900

Residence

M-2

Carol Luff

No comment

226 Perry

1900

Residence

M-2

Justin Cudnik

Included in Petition

Favors Request

230 Perry

1900

Residence

M-2

Nathan & Laura Rightmeier

Included in Petition

Favors Request

232 Perry

1890

Residence

M-2

James & Amy Gill

Not included in petition

Favored inclusion in request

242 Perry

1880

remodeled in 1952

?

M-2

Glen Sohl & Randy Ham (recent purchasers)

Not included in Petition

Opposed to inclusion in request.

201 Perry

1948

Commercial

M-2

Adrian & Kimly Burns

Not included in Petition

No comment

231 Perry

1920

Residence

RS-2

Duane & Mary Elston

Included in Petition

Favors Request

233 Perry

1920

remodeled in 1997

Residence

RS-2

Dorian Heironimus

Included in Petition

Favors Request

237 Perry

1935

Residence

RS-2

Donna Thompson

Included in Petition

Favors Request

241 Perry

1900

Residence

RS-2

Virginia Nelson

Included in Petition

Favors Request

200 Maple

No data

?

M-3

John Krum

No comment

235 Maple

No data

Residence

M-3

Antonia Davison

Included in Petition

Favors Request

241 Maple

No data

Residence

M-3

Robert & Patricia Moody

Opposed to inclusion of property in request

302 Perry

No data

Residence

M-2

Denise Copp

Included in Petition

Favors Request

312 Perry

No data

Residence

M-2

Rachel Hopkins

No comment

528 N. 3rd

No data

Residence

M-2

Martha Turner

No comment

Expressed interest in inclusion of request

309 Perry

No data

Residence

M-2

Peter & Rose Neuhaus

Favors Request

Expressed interest in inclusion of request

315 Perry

No data

Residence

M-2

Robert Geddings

Not included in Petition

Opposed to inclusion of property in request

 

 

Area of Petition

 

 

 

 

Typical Lot Dimensions and Setback Requirements

 

 

 

 

 

 

 

 

 

 

 

Existing Land Use as of October 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing Zoning