PC minutes 11/14/05

ITEM NO. 12:           RM-1 TO RO-1; 0.35 ACRE; NORTH OF W. 7^TH STREET & EAST OF ARKANSAS STREET (MJL)

Z-09-55-05:  A request to rezone a tract of land approximately 0.35 acre from RM-1 (Multiple-Family Residence District) to RO-1 (Residence-Office District).  The property is generally described as being located north of W. 7th Street and east of Arkansas [630-32 Arkansas and 634-36 Arkansas].  Initiated by the City Commission on September 27, 2005 based on recommendations in the HOP District Plan.

Staff provided an introduction to Items 10 – 14 and the commission discussed these items together.

STAFF PRESENTATION

Michelle Leininger described the five different areas within the Old West Lawrence neighborhood that were identified for rezoning following the completion of the HOP District Plan.  The City Commission initiated the rezonings at the request of the Old West Lawrence task force.  The rezonings have been proposed to better match existing land use and zoning designation.  None of the properties will become non-conforming through these rezonings.

Comm. Burress asked staff to comment on the requests from property owners at 640 Arkansas and 622 & 624 Alabama to opt out of the rezoning.  Staff indicated that the property at 640 Arkansas was residentially developed and the rezoning was from C-5 (limited commercial) to RO-1 (residence-office).  The new zoning retains the residential use but allows for potential redevelopment as office.  The RO-1 district is intended to be a transition between the existing RM-2 (multiple-family) and RS-2 (single-family) districts in the vicinity.  The plan recommends that the City downzone to match current use and to create buffers in the neighborhood.

Staff indicated that leaving 622 & 624 Alabama out of the rezoning would allow a higher density than all of the surrounding property (properties would remain RM-1 rather than be rezoned to RS-2).  Leaving these properties out would not be consistent with the plan since they are currently developed with single-family homes and the RS-2 zoning would conform to the existing land use.  Comm. Riordan indicated leaving these properties out might result in spot zoning.

Comm. Krebs asked for clarification that the rezonings would not create any non-conforming uses.  Staff indicated that was the case. 

The commission also discussed the rationale for rezoning property at 1015 W. 6th Street from RO-2 to O-1.  Staff indicated this was the partially developed credit union site which was already developed with an office use.  RO-2 would allow the vacant portion of the site to be developed with duplex residential homes which did not provide sufficient transition between the arterial street and the single-family homes to the south.

PUBLIC HEARING

No member of the public spoke on this item.

ACTION TAKEN

Motioned by Comm. Krebs, seconded by Comm. Harris to recommend approval of rezoning of approximately one-third acre from the RM-1 District to the RO-1 District and forward it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

          Motion carried unanimously, 9-0.