PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

11/14/05

ITEM NO. 11:           C-5 to RO-1; .34 ACRE; NORTH OF W. 7TH STREET, east of Arkansas (ML)

 

            Z-09-54-05:  A request to rezone a tract of land approximately 0.34 acre from C-5 (Limited Commercial District) to RO-1 (Residence-Office District).  The property is generally described as being located north of W. 7th Street and east of Arkansas Street [640 Arkansas Street].  Initiated by the City Commission on September 27, 2005 based on recommendations in the HOP District Plan.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning approximately one-third acre from the C-5 District to the RO-1 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 follow the recommendations of the HOP District Plan to zone property to the current use based on the neighborhood association task force study and recommendation.

 

KEY POINTS

  • RO-1 District zoning will create appropriate transitions from commercial to higher density residential to single-family residential uses.
  • The existing use will be in conformance with the proposed zoning.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by a mix of residential and commercial uses. There are commercial uses directly to the south and southwest, the remaining area is a variety of residential densities.

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the C-5 District to the RO-1 District is consistent with several Horizon 2020 residential policies.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-09-53-05: C-5 to RO-1A; .53 acres; the corner of W. 7th and Arkansas Streets, 700 and 704-704 ˝ Arkansas Street

·         Z-09-55-05: RM-1 to RO-1; .35 acres; north of W. 7th Street, 630-632 Arkansas & 634-636 Arkansas Streets

·         Z-09-56-05: RO-2 to O-1; 1.52 acres; south of W. 6th Street, 1015 W. 6th Street

·         Z-09-57-05: RM-1 to RS-2; 2.11 acres; south of W. 6th Street between Missouri and Illinois Streets

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • Letter dated November 7, 2005 from Doug Brenn, Managing Member, Big Eight Enterprises, LC (Opposition)

 

GENERAL INFORMATION

Current Zoning and Land Use:         

C-5 District; 8-plex

 

Surrounding Zoning and Land Use:

 

         

RM-1 (Multiple-Family Residential) District to the north; duplexes

 

C-5 District to the south; motorcycle repair and sales.

 

RS-2 (Single-Family Residential) District to the east; single-family homes.

 

RM-2 (Multiple-Family Residential) District to the west; 40 apartments

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The property directly to the north of the subject property is zone RM-1 District and developed with a duplex on the property.  The properties to the east are zoned RS-2 District and have single-family homes on the properties.  The property directly to the south of the subject property is zoned C-5 District and has a motorcycle shop on it.  The property to the west is zoned RM-2 District and is developed with an apartment complex.  

 

Staff Finding – The request is to rezone approximately .34 acres from the C-5 District to the RO-1 District. The subject property currently includes apartments. The areas surrounding the subject properties are zoned C-5 District, RM-1 District, RS-2 District, and RM-2 District. As part of the HOP District Plan recommendations, the neighborhoods were to study the relation of the land use and the zoning of the properties identified in the plan which are included in their neighborhood association and located within the study area of the HOP District Plan.  The plan recommended that zoning buffers between uses be utilized, where appropriate.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is a part of the original town site plat and is characterized by a variety of densities of residential uses and neighborhood commercial uses. The parcels surrounding the subject property are zoned for 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 commercial use. According to the City’s Zoning Ordinance, the C-5 District is “…designed to permit and encourage the grouping, in defined areas along highways, of certain retail activities and services intended primarily to service, and be dependent upon, the motoring public.” The minimum lot size for the C-5 District is 15,000 square feet and it requires a minimum lot area of 1,000 square feet per dwelling unit (43 unites per acre) to develop residential.

 

The request is to rezone the subject property to the RO-1 District, which requires a minimum lot area of 6,000 square feet and requires a minimum of 1,000 square feet per dwelling unit (43 units per acre) for residential development. 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.”

 

Staff Finding –At one time, W. 7th Street was the location of Hwy 40 and the C-5 District may have been appropriate.  Currently the property has an 8-plex on it. The proposed zoning would allow the current use and allow the property to redevelop with office and residential uses subject to any other applicable regulations in the Zoning Ordinance.  The majority of the surrounding property is residential.

 

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

 

Staff Finding - The south half of the property has been zoned C-5 District since the adoption of the 1966 City of Lawrence Zoning Ordinance.  The northern half of the property was zoned RM-1 District at the time of the adoption of the zoning regulations and has since been changed to C-5 District to match the southern portion.

 

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

 

Staff Finding – As this property has single-family and multi-family development to the north, east and west, the rezoning of this area is not anticipated to detrimentally affect nearby property. The rezoning should enhance the existing neighborhood by reducing the possibility of commercial uses redeveloping on the property but allowing residential and professional office uses.  It is important to note that the requested RO-1 District is more restrictive than the current C-5 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 C-5 District designation, it could be developed with any of the following permitted uses, among others: retail stores, automotive related services and auto oriented retail.

 

With the rezoning of this property to the RO-1 District, an apartment building will be zoned residentially, instead of commercially.  The rezoning of this area will allow for transitions from commercial to a lower density, multi-family residential.  Granting the rezoning request would allow the property owners to redevelop the property in the future as a variety of densities of residential and professional office uses. Approval of the rezoning request will protect the public health, safety, and welfare by ensuring that appropriate transitions are used between residential and commercial uses.  The RO-1 District has the same lot area per dwelling unit requirement as the C-5 District (1,000 square feet/unit).  Therefore, the existing development will conform with the density requirements of the district.

 

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located south of W. 7th Street and east of Arkansas Street. The following Horizon 2020 goals and associated policies support the rezoning application:

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Medium and Higher Density Residential Land Use

 

GOAL 3:  Compatible Transition from Medium and Higher Density Residential Development to both More Intensive and Less Intensive Land Uses (Page 5-25)

Policy 3.1:  Use Appropriate Transitional Methods (Page 5-25)

Policy 3.2:  Medium Density Residential Development as Transitional Uses (Page 5-26)

         

Staff Finding – The project conforms with several Horizon 2020 policies related to medium and higher-density residential uses. This property will act as a buffer between the commercial and duplex uses and between the high-density residential and low-density residential uses.  The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to study the zoning of the area and propose recommendation for rezoning to match the current use.  The subject properties’ rezonings will allow for the appropriate transitions in the area between commercial uses and low-density residential.  This will help to keep the commercial uses from filtering into the residential areas of the neighborhood.

 

 

STAFF REVIEW

The subject property is located north of W. 7th Street and east of Arkansas Street. As previously stated, land uses surrounding the property include single-family homes, duplexes, apartments, a bar, and a motorcycle shop. Without a residential zoning for the subject area, the property will maintain a commercial zoning with a residential use, while the properties directly east and south will be residentially zoned. The zoning will be consistent with the current use if rezoned to RO-1 District. It is also important to note that the application conforms to several Horizon 2020 policies.