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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
11/14/05
ITEM NO. 16: RS-1 TO RM-D; 3.04 ACRES; EAST SIDE OF HASKELL AVENUE, SOUTH OF E. 26TH STREET (PGP)
Z-09-61-05: A request to rezone a tract of land approximately 3.04 acres from RS-1 (Single-Family Residence District) to RM-D (Duplex-Residential District). The property is generally described as being located on the east side of Haskell Avenue, south of E. 26th Street [2620 Haskell Avenue]. Submitted by Larry Wedman for Thorvald and Elaine Holmes, property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning 3.04 acres from the RS-1 District to the lesser change of RS-2 (Single-family Residential) District based on the lesser change table and forwarding the application to the City Commission with a recommendation for approval to RS-2 based on the findings of fact found in the body of the staff report. |
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Applicant’s Reason for Request: |
Refer to conceptual drawing (10 duplex lots). Rezoning to allow for duplexes, with intentions of townhouse/owner-occupied units. |
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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 · Decision by City Commission on this rezoning request [Z-09-61-05] · Preliminary Plat approval by Planning Commission · Final Development Plat approval by Planning Commission · Acceptance of easements and road rights-of-way by City Commission
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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: |
RS-1 District; older single-family home and several outbuildings, proposed to be demolished
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Surrounding Zoning and Land Use:
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RS-1 (Single-family Residential) District to the north and across Haskell Avenue to the west; single-family homes.
RS-2 (Single-family Residential) District to the east and south; single-family homes.
RM-D (Duplex Residential) District at the northeast corner; duplex.
RM-1 (Multiple-family Residential) District to the southwest, single family house.
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I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
Staff Finding – The applicant is proposing to rezone 3.04 acres from the RS-1 (Single-family Residential) District to the RM-D (Duplex Residential) District. The existing single-family home and accessory outbuildings will be removed with the pending development. The areas surrounding the subject property are zoned RS-1 (Single-family Residential) District to the north and across Haskell Avenue to the west; RS-2 to the east and south; RM-D (Duplex Residential) District at the northeast corner; and RM-1 (Multiple-Residential) District at the southwest corner. The subject parcel is surrounded by single-family homes, with 1 duplex residence to the northeast.
II. CHARACTER OF THE AREA
Staff Finding – The character of the area is predominantly single-family residential development. Most of the lots surrounding the subject property are zoned RS-1 or RS-2 (Single-family Residential) Districts. A Duplex-Residential lot is located at the northeast corner of the property and a Multiple-family Residential zoned lot is located at the southwest corner of the property.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “Unplatted 3 acre parcel with original farm house and outbuildings still standing.”
The subject property is currently zoned for Single-family Residential use. According to the Zoning Ordinance for the City of Lawrence, the purpose of the RS Single-family Residence District is “ … 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. In RS zoning districts only, single-family detached dwellings shall be permitted and such dwelling shall be occupied only by families which meet a definition of a family as defined in the code.”
The applicant is proposing to rezone the subject property to the RM-D (Duplex Residential) District, which requires a minimum lot area per dwelling unit of 7,000 square feet. The city’s Zoning Ordinance states, “RMD Districts are designed to provide for duplexes only. Such district is encouraged to be used as a buffer between RM districts and RS districts.
Staff Finding – The area primarily features single-family and some duplex and multi-family uses.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property has been zoned RS-1 (Single-family Residential) District since 1966. The property is developed with a house and several outbuildings.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “None. We already have RM-D adjacent to existing property in 2 locations RS-1 & RS-2 surround rest of property.”
The property is adjacent to an Arterial Street, Haskell Avenue. Therefore all traffic will need to be directed through the existing Ryan Court stub, on E. 26th Street. The applicant has submitted a conceptual duplex-subdivision layout with a Ryan Court cul-de-sac. The proposed duplex land use would be a potential adverse affect impact to homes on the south side due to the limited size of property, and would produce a higher traffic generation on E. 26th Street.
Staff Finding – The subject property is located within the city limits and is primarily adjacent to single-family uses. Approval of a rezoning of this property from the RS-1 (Single-family Residential) District to the RM-D (Single-Family Residential) District would increase the number of potential homes in the area and allow for 20 new dwelling units located on a proposed new cul-de-sac from the extension of Ryan Court. The traffic generation for the two-family structures would be approximately twice that of single-family homes.
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
Applicant’s Response: “Underused property surrounded by developed property.”
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 – A rezoning of this property to the proposed RM-D (Duplex Residential) District would have no direct benefits on the public health, safety, or welfare. The new owner is expected to construct two-family homes, a use more intense than the majority of the surrounding single-family homes. The applicant’s proposed RM-D rezoning may adversely affect its surroundings, as the development will generate additional traffic onto E. 26th Street. Granting the rezoning request would allow the property owner to develop 3.04 acres of land for duplex residential purposes, but would inject residential housing at twice the density of the surrounding single-family homes.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “Horizon 2020 encourages in-fill development within the existing city.”
The subject property is located within the City of Lawrence on the east side of Haskell Avenue. The Horizon 2020 goals and associated policies with low-density residential land use would not be in support of the rezoning application. The medium-density residential land use policy of transitional land use would be supportive of the rezoning application.
RESIDENTIAL LAND USE GOALS AND POLICIES
Low-Density Residential Land Use
GOAL 3: Neighborhood Conservation (Page 5-14)
Policy 3.3: Encourage Compatible Infill Development (Page 5-14)
GOAL 4: Criteria for Location of Low-Density Residential Development (Page 5-16)
Policy 4.2: Protect Areas Planned for Low-Density Development (Page 5-16)
Medium-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 5-24)
Policy 3.2: Medium-Density Residential Development as Transitional Use
Horizon 2020 recommends transitions from arterial streets into neighborhoods.
Staff Finding – The project conforms to medium-density residential land use but does not conform to neighborhood conservation, compatible infill development and protection of areas planned for low-density development. The subject property is located at the edge of an established single-family residential area (single-family residences on three sides; to north, east and south and an Arterial, Haskell Avenue, to the west). The project proposes zoning which is twice the density of adjacent single-family homes with proposed access to be located on E. 26th Street.
STAFF REVIEW
The existing 3.04 acre (approximately 260 feet x 500 feet) property is located at 2620 Haskell Avenue and contains an older single-family residence, several outbuildings and is heavily wooded. The property is currently zoned RS-1 (Single-family Residential) District. The five single-family homes located adjacent to the north are also zoned RS-1 (Single-family Residential) District. The nine single-family homes located adjacent to the east and south are zoned RS-2 (Single-family Residential) District.
At the northwest corner, the property has approximately 54 feet which are adjacent to a duplex which is zoned RM-D (Duplex-Residential) District. At the southwest corner, the property has approximately 100 feet which is adjacent to a single-family residence which is zoned RM-1 (Multiple-family Residential) District.
A review of the Geographic Information System (GIS) indicates that 12 of the 16 surrounding properties appear to be owner-occupied residences (property taxes are mailed to the owners at the residential addresses).
The applicant is requesting to rezone the property for duplex development. Staff requested the applicant provide information for consideration on the reasons why they believed the duplex rezoning was appropriate and necessary for the development of their project. A copy of the letter from the applicant, dated October 25, 2005 is attached.
Staff is concerned that the requested duplex zoning is twice the density of the surrounding (14 of the 16 adjacent lots) which are zoned for and developed as single-family residential use. The proposed density would not conform to the surrounding single-family uses and would create a higher traffic generation for E. 26th Street. Staff would recommend that the rezoning request be approved for the lesser change to RS-2 (Single-family Residential) District.
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ALTERNATIVE: It appears the applicant believes RM-D (Duplex-Residential) zoning is necessary to be able to undertake the expense of the required infrastructure for this infill development. Staff is concerned that only a limited number of single-family entry level housing developments are being submitted. An alternative would be to rezone the property to PRD-2 (Planned Residential Development) which would allow for some flexibility and creativity in the design of the development, which could include mixed-use residential or smaller lot development, or as a possible candidate for RS-5 (Single-family Residential on 5,000 square foot lots) Zoning District when the new zoning ordinances are adopted by the City of Lawrence (anticipated in early 2006).