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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
11/14/05
ITEM NO. 14: RM-1 to RS-2; 2.11 ACRES; SOUTH OF W. 6TH STREET, BETWEEN MISSOURI AND ILLINOIS STREETS (ML)
Z-09-57-05: A request to rezone a tract of land approximately 2.11 acres from RM-1 (Multiple-Family Residence District) to RS-2 (Single-Family Residence District). The property is generally described as being located south of W. 6th Street between Missouri and Illinois Streets [628 Missouri, 621, 623, 616, 622 & 626 Maine, and 619, 623-23 ˝, 622 & 624 Alabama Streets]. Initiated by the City Commission on September 27, 2005 based on recommendations in the HOP District Plan.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately two acres from the RM-1 District to the RS-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. | |
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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. |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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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-09-56-05: RO-2 to O-1; 1.52 acres; south of W. 6th Street, 1015 W. 6th Street
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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GENERAL INFORMATION | |
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Current Zoning and Land Use: |
RM-1 District; single-family homes |
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Surrounding Zoning and Land Use:
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RM-1 District to the north and west; single-family homes and a duplex
RS-2 District to the south and east; single-family homes |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
The properties directly to the north of the subject property are zone RM-1 District and have single-family homes and duplexes on the properties. The properties to the south and east are zoned RS-2 District and developed with single-family homes on the properties. The property to the west of the subject property is zoned RM-1 District and is developed a duplex.
Staff Finding – The request is to rezone approximately 2.11 acres from the RM-1 District to the RS-2 District. The subject properties currently have single-family homes on them. The areas surrounding the subject properties are zoned 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 of residential uses, mainly low to medium-density, single-family immediately surrounding the subject properties. The subject properties are 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 Multiple-Family Residential uses. According to the City’s Zoning Ordinance, the RM-1 District requires a minimum lot area of 7,000 square feet and requires 3,500 square feet per dwelling unit (12 units per acre) if developed residentially. The general purpose of the multi-family residential district is to “…provide areas for medium and high population density.”
The request is to rezone the subject property to the RS-2 District, which requires a minimum lot size of 7,000 square feet and 7,000 square feet per dwelling unit. The general purpose of the single-family residential district is that they are “…designed for those areas where the land is presently being used, or where development appears desirable, for single-family dwellings.”
Staff Finding –Currently the properties are developed with single-family homes. The proposed zoning allows single-family residences only. This downzoning would be in character with the recommendations of the HOP District Plan which recommended zoning to the current use.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – These properties have been zoned RM-1 District since the adoption of the 1966 City of Lawrence Zoning Ordinance.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – As this area is abutted by single-family and duplex development to the north, south and the west, the rezoning of this area is not anticipated to detrimentally affect nearby property. The rezoning should enhance the existing neighborhood by protecting the existing single-family homes. It is important to note that the requested RS-2 District is more restrictive than the current RM-1 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 –With the rezoning of this property to the RS-2 District, it will allow for the preservation of single-family homes in the area. Approval of the rezoning request will protect the public health, safety, and welfare by ensuring the density of the neighborhood will not increase.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The subject property is located south of W. 6th Street between Missouri and Illinois Streets. Horizon 2020 identifies these properties as low-density residential uses on the use map. The following Horizon 2020 goals and associated policies support the rezoning application:
RESIDENTIAL LAND USE
GOAL 3: Neighborhood Conservation (Page 5-14)
Policy 3.2: Protect Existing Housing Stock (Page 5-14)
Policy 3.7: Involve Neighborhood Residents (Page 5-15)
Staff Finding – The rezoning conforms to Horizon 2020 policies related to low-density residential land uses. These properties are currently single-family residential homes. By downzoning these properties to RS-2, it will preserve the single-family home character of the area. The process of the HOP District Plan and implementation of the plan has allowed the neighborhood to update the zoning of the area to match the current use. This will help to maintain the higher density residential uses to the north and west of the subject properties as a transitional area.
STAFF REVIEW
The subject property is located south of W. 6th Street between Missouri and Illinois Streets. As previously stated, the surrounding properties include single-family homes and duplexes. The proposed zoning will be consistent with the current use. It is also important to note that the application conforms to 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. 6 th 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.
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