PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

11/14/05

ITEM NO. 13:           RO-2 to O-1; 1.52 ACRES; SOUTH OF W. 6TH STREET, BETWEEN MAINE AND ALABAMA STREETS (ML)

 

Z-09-56-05: A request to rezone a tract of land approximately 1.52 acres from RO-2 (Residence-Office District) to O-1 (Office District).  The property is generally described as being located south of W. 6th Street between Maine and Alabama Streets [1015 W. 6th 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 and one half acres from the RO-2 District to the O-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

  • O-1 District zoning will create appropriate transitions from commercial to higher density residential to single-family residential uses.
  • The O-1 District is appropriate for the subject lot based on the current use and location.
  • The O-1 zoning is consistent with the future land use map in Horizon 2020 which identifies this property as office uses.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by commercial uses along a principal arterial with varying densities of residential transitioning into the neighborhoods. There are commercial uses to the north and west, and there is residential to the north and south.

CONFORMANCE WITH HORIZON 2020

  • The rezoning of this area from the RM-1 District to the O-1 District is consistent with several Horizon 2020 residential policies and the future land use map.

 

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-09-54-05: C-5 to RO-1; .34 acres; north of W. 7th Street, 640 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-09-57-05: RM-1 to RS-2; 2.11 acres; south of W. 6th Street between Missouri and Illinois Streets

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  •  None Received

GENERAL INFORMATION

Current Zoning and Land Use:         

RO-2 (Residence-Office) District; credit union

 

Surrounding Zoning and Land Use:

 

         

C-5 (Limited Commercial) District to the north; medical supply store.

 

RM-1 (Multiple-Family Residential) District to the north; single-family homes.

 

C-5 District to the west; restaurants.

 

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

 

RM-1 District to the south; single-family home and duplex

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

The properties directly to the north of the subject property are zone RM-1 District developed with single-family homes on the properties and C-5 District developed with a medical supply store on the property.  The properties to the east are zoned RS-2 District and have single-family homes on the properties.  The properties directly to the south of the subject property are zoned RM-1 District and are developed with a single-family home and a duplex.  The property to the west is zoned C-5 District and developed with a fast food restaurant.  

 

Staff Finding – The request is to rezone approximately 1.52 acres from the RO-2 District to the O-1 District. The subject property currently has a credit union on it. The areas surrounding the subject properties are zoned C-5 District, RM-1 District, and RS-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 that are included in their neighborhood association and located within the study area of the HOP District Plan.  The plan recommended that zoning be updated to reflect the current use.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The area is characterized by a variety auto-orientated commercial uses along W. 6th Street and residential uses to the south of the subject property. 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 residential or office use. According to the City’s Zoning Ordinance, the RO-2 District requires a minimum lot area of 7,000 square feet and requires 3,500 square feet per dwelling unit (12 units per acre) to develop residentially. The general purpose of the residence-office district is “…provide areas for the professional office, 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 with out undue harmful effects to the residential uses.”

 

The request is to rezone the subject property to the O-1 District, which requires a minimum lot size of 5,000 square feet. The general purpose of the office district is “…to provide for development of office uses and certain limited service uses which are compatible with offices.”

 

Staff Finding –W. 6th Street is a highway with auto-oriented commercial businesses and offices located along it.  Currently the property has a credit union on the western portion of it. The proposed zoning allows the current use and would allow the property to redevelop in the future with a variety office and limited service uses.  This property is a transition along W. 6th Street from the single-family residential to the east, to the commercial uses west of this site.

 

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

 

Staff Finding - The west half of the property was zoned C-5 District and the east half of the property was zoned RM-1 District at the adoption of the 1966 City of Lawrence Zoning Regulations.  The eastern half was rezoned from RM-1 District to RO-2 District in May 1985 and the rezoning of the western half was initiated at that time.  The west half of the property was rezoned from C-5 District to RO-2 District in June 1985. 

 

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

 

Staff Finding – As this property has commercial, office, and residential development surrounding it, this rezoning is not anticipated to detrimentally affect the nearby property. The rezoning should enhance the existing neighborhood creating the option of limited services and creates walkability within the neighborhood and be a buffer between the higher intensity commercial uses and nearby the residential uses.  It is important to note that the requested O-1 District will allow the additional possibility of limited commercial uses but will no longer allow residential uses. 

 

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 –With the rezoning of this property to the O-1 District, it will allow for a buffer between the existing commercial and residential uses in the area.  Granting the rezoning request would allow the property owners to redevelop the property in the future as a variety of professional office and neighborhood friendly, limited service 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.

 

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located south of W. 6th Street between Alabama and Maine Streets. Horizon 2020 identifies this property as office on the future land use map.  The following Horizon 2020 goals and associated policies support the rezoning application:

 

COMMERCIAL LAND USE GOALS AND POLICIES

 

GOAL 3:   Compatible Transition from Commercial Development to Less Intensive Land Uses (Page 6-26)

Policy 2.1:  Use Appropriate Transitional Methods (Page 6-26)

Policy 2.5:  Office, Research and Semi-Public Development as Transitional Uses (Page 6-28)

         

Staff Finding – The rezoning conforms to several Horizon 2020 policies related to commercial uses. This property will act as a buffer between the commercial and residential uses.  The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to study the area and recommend rezonings of properties to match the current use.  This will help to unite the commercial and office uses to the existing sites and the residential to the inner portion of the neighborhood, off a major road.

 

 

STAFF REVIEW

The subject property is located south of W. 6th Street between Maine and Alabama Streets. As previously stated, the surrounding properties include single-family homes, duplexes, office and commercial uses. The zoning will be consistent with the current use if rezoned to O-1 District. It is also important to note that the application conforms to several Horizon 2020 policies and is consistent with the future land use map.

 

The subject property is within the historic environs of the Witter S. McCurdy House located at 909 W. 6th Street which is listed on the National Register of Historic Places.  This requires additional review by the Historic Resources Commission for potential impact on the listed property when or if future development of the subject property occurs.