PC Staff Report

11/14/05

ITEM NO. 15:           RO-2 TO C-1; 0.17 ACRE; 1246 HASKELL (LAP)

 

Z-09-60-05: A request to rezone a tract of land approximately 0.17 acre from RO-2 (Residence-Office) District to C-1 (Inner-Neighborhood Commercial) District. The property is generally described as being located at the northeast corner of E. 13^th Street and Haskell Avenue [1246 Haskell]. Submitted by Greg Polk for Janine Colter, contract purchaser. Polk & Polk L.C. are the property owners of record.

 

STAFF RECOMMENDATION:  Staff recommends approval of rezoning approximately 0.17 acre from the RO-2 District to the C-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:

“I would like to move my hair care establishment into the neighborhood closer to many clients… This site will offer older clients a closer parking spot, a shorter walk to the door, and provides a safer environment for my clients and myself. I have many clients from East Lawrence and the Brook Creek neighborhoods.”

 

KEY POINTS The intent of the applicant is to rezone the property to the C-1 District in order to allow for a hair care establishment. An 817-square foot office building exists on the subject site. A 10-foot wide landscape/screening buffer exists along a portion of the site’s northern side and along its entire east side.

GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA The character of the area is residential, and includes commercial uses to the north and east. For many years, this property was a non-conforming commercial use. CONFORMANCE WITH HORIZON 2020 The rezoning of this area from the RO-2 District to C-1 District is consistent with several Horizon 2020 policies pertaining to commercial uses within the City of Lawrence.

ASSOCIATED CASES/OTHER ACTION REQUIRED ·         Approval of the rezoning application by the City Commission.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING A resident at 1232 Almira Avenue called to say that she is in favor of the rezoning because it will be convenient and an asset to the neighborhood.

GENERAL INFORMATION
Current Zoning and Land Use:	RO-2 (Residence-Office) District; existing building.
Surrounding Zoning and Land Use:	RS-2 (Single-family Residential) District in each direction; single-family residences, with a few commercial uses.

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding – The properties in each direction are zoned RS-2 District and include residential uses. The Maple Lane Apartment complex, zoned RM-1 (Multiple-family Residential) District, is located on the southwest corner of E. 13^th Street and Maple Lane. The following non-residential uses are nearby: Achievement Place (1320 Haskell Ave.), an auto shop (1102 E. 13^th Street), and the former East Heights Elementary School (1430 Haskell), which is now utilized by the school district for early childhood education classes. Additionally, The Bargain Center (1146 Haskell Ave.), a non-conforming commercial use, is zoned RS-1 (Single-family Residential) District. Industrial zoning is located across Oregon Street to the west and the Brook Creek Park is located across Laura Avenue and Maple Lane to the east.

 

II.       CHARACTER OF THE AREA

 

Staff Finding – The predominant character of the area is single-family residential. However, multi-family, commercial, and industrial uses exist within two blocks of the subject parcel in each direction.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The subject property is currently zoned RO-2 District. 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.”

 

The applicant is requesting a C-1 District zoning for the subject property. This zoning district is designed “…to serve the day-to-day needs of residents in established, inner residential neighborhoods.” The district is limited in land uses and development intensity to encourage the compatible and harmonious integration of commercial and residential uses on a small, neighborhood scale.”

 

Staff Finding – Residential development surrounds the property in each direction. The property is suitable for an RO-2 district zoning designation because the district allows for office uses that are compatible with residential uses. However, as the C-1 District also allows for commercial uses which are compatible with residential uses on a neighborhood scale, the property is suitable for a C-1 zoning designation. Additionally, the property is located at the corner of a minor arterial and local street, which is an appropriate location for C-1 District zoning. It is important to note that the existing building meets the lot area, lot width at the front building line, lot depth, and setback requirements for structures within the C-1 District.

 

While the applicant intends to utilize the existing building for hair care services, the site would also be able to be utilized for a book store, sit-down restaurant, studio for professional work, and professional offices, among others. A C-1 zoned property at the corner of Haskell Avenue and 13^th Street would serve as a walkable, convenient location for neighborhood services.

 

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

 

The property has been zoned RO-2 District since November, 2002. The property was zoned RS-2 District prior to being rezoned to the RO-2 District and included a non-conforming commercial use for many years.

Staff Finding – Over the past several decades, the property has included such uses as a trolley stop, grocery store, plumbing shop/office, cabinet shop, lawnmower sales/service shop, and a retail film development shop. The property has included intermittent office uses since being rezoned from the RS-2 District to the RO-2 District, and is now vacant. According to past staff research, the property has never been utilized residentially.

 

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

 

Staff Finding – Rezoning the property from the RO-2 District to the C-1 District should not detrimentally affect nearby property. The request is compatible with the past commercial and office uses of the property. The small lot size (7356 square feet) will restrict uses from those requiring high levels of traffic and parking that would typically have a greater potential for impact upon nearby properties. Removal of the restrictions associated with the RO-2 District will allow for a more intense use of the land.

 

A 10-foot wide landscape/screening buffer exists along a portion of the site’s northern side and along its entire east side, which should protect properties along those sides of the subject lot. Landscape materials, a minimum of three feet in height, were approved with SP-08-61-05 on September 20, 2005 by the City Commission. As Section 20-1446 of the Subdivision Regulations states that a solid, view-reducing screen of 4-6 feet in height should be provided along the interior lot lines of C-1 zoned property when the site abuts residentially zoned property, a view-reducing fence will be required to be installed along the property’s northern and eastern edges as a condition of site plan approval.

 

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 RO-2 District designation, it could be developed with any of the following permitted uses, among others: agriculture (animal husbandry or field crops), single-family residential, duplex, mobile home park, community facilities, and professional offices.

 

With the rezoning of this property to the C-1 District, the applicant intends to utilize the existing building for a hair salon. The new salon location will provide a gain to the public welfare by providing convenience for nearby clients, as the applicant has stated that several existing clients live in the East Lawrence and Brook Creek Neighborhoods. This proposed use will involve review and approval of a revised site plan. With the addition of a view-reducing screen a minimum of four feet in height along the property’s northern and eastern sides, the public health, safety, and welfare will be adequately protected. C-1 District uses are designed to fit in with the character of neighborhoods.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The subject property is located east of Haskell Avenue and north of E. 13^th Street. The following goals and associated policies support the rezoning application:

 

COMMERCIAL LAND USE GOALS AND POLICIES

GOAL 2:   Compatible Transition from Commercial Development to Less Intensive Uses (Pg. 6-26)

Policy 2.1:  Use Appropriate Transition Methods (Pg. 6-26)

 

While the subject request is not considered a commercial center, the following policies pertaining to inner-neighborhood commercial centers apply:

 

Goal 3:    Criteria for Commercial Development (Pg. 6-28)

          Policy 3.3:  Criteria for Inner-Neighborhood Commercial Centers (Pg. 6-29)

                 C. Standards for New Inner-Neighborhood Commercial Centers

o        Centers shall not have gas pumps, drive-thru or drive-up facilities.

o        Centers shall have no more than 3,000 gross square feet of commercial space.

• Centers shall be designed as an integral part of the surrounding neighborhood so

that their appearance does not detract from the character of the neighborhood.

 

The 1981 Far East Lawrence Neighborhood Plan (FELNP) is also applicable to the subject parcel. The following goals and policies are applicable:

•  “Evaluate present zoning classifications of land according to the Land Use Plan and recommendations in the Far East Lawrence Plan to determine whether it is desirable for the Planning or City Commission to initiate a change of zoning.”
• “Reduce undesirable effects of adjacent incompatible land uses through buffering.”
• “Provide diversified and convenient non-residential facilities while minimizing adverse impacts on residential areas.”

 

Staff Finding – The project conforms with several Horizon 2020 policies related to commercial uses. Specifically, the subject site includes a 10-foot wide landscape buffer, where feasible, along its northern and eastern sides. The existing building is also located approximately 85 feet from the site’s eastern property line. While the building is located less than 10 feet from the property’s northern property line, the building’s doors are located on its southern side and the parking area is buffered to the north by landscaping. A view-reducing screen (landscaping or fencing) a minimum of four feet in height will be required to be installed along the property’s northern and eastern sides as a condition of site plan approval.

 

Regarding the FELNP, the associated Land Use Plan depicts this area as low-density residential. However, according to past staff research, this property has never been utilized residentially. The rezoning request will meet FELNP recommendations upon installation of additional screening to meet the requirements of screening C-1 properties when adjacent to residential uses. The existing building is located in the far northwest corner, which allows for the least impact to neighboring property owners. Additionally, the C-1 zoning district allows for uses which are compatible with residential uses.

 

STAFF REVIEW

The application conforms with several Horizon 2020 policies related to inner-neighborhood commercial uses, as well as the Far East Lawrence Neighborhood Plan.