PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

PC Staff Report

9/22/2014

ITEM NO. 5B      SPECIAL USE PERMIT FOR RHODY DELAHUNTY COMPLEX; 1106 RHODE ISLAND ST (LBZ)

 

SUP-14-00326: Consider a Special Use Permit for Rhody Delahunty Complex for the development of two detached dwelling structures on a single lot in an RM District as required by Section 20-402 of the Land Development Code. The property is located at 1106 Rhode Island Street. Submitted by Hernly Associates on behalf of the City of Lawrence, property owner of record.

STAFF RECOMMENDATION:     Staff recommends approval of SUP-14-00326  for  two detached dwelling structures on a single lot in an RM District as required by Section 20-402 of the Land Development Code based upon the findings presented in the body of the staff report and subject to the following conditions:

 

1.  Execution of a Site Plan Performance Agreement.

 

 

 

Applicant’s Reason for Request:

The proposed project includes two detached dwellings along with a separate office structure on the same lot as part of a historic preservation/rehabilitation project.  This is allowed through the Special Use procedures set out in 20-1306.

 

KEY POINTS

·         The proposed project will rehabilitate the existing structures on the property.

·         The proposed project includes a mix of residential and office uses.

·         Special Use Permit is required for detached dwelling structures in the RM District (20-402).

 

FACTORS TO CONSIDER

·         Procedural requirements of Section 20-1306; Special Use Permits.

·         Character of the Area – The proposed project continues the spacial relationships that characterize the East Lawrence Neighborhood.

·         Conformance with Horizon 2020- The proposed project conforms with the key features of Chapter 3 in the plan as discussed in staff report Z-14-00314.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         City Commission approval and publication of a Special Use Permit ordinance per Section 20-1306(j).

·         City Commission approval of the rezoning and publication of an ordinance rezoning the property.

·         City Commission approval of the Special Use Permit and publication of an ordinance.

·         DR-14-00291 – Design Review for the proposed project approved by the Historic Resources Commission on August 21, 2014.

·         B-14-00323 – Variance requests to allow for the placement of structures and the new parking area on the site approved with conditions by the Board of Zoning Appeals on September 4, 2014.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         Communication from Tenants to Homeowners

 

 

ATTACHMENTS

1.    Area Map

2.    Site Plan


 

 

GENERAL INFORMATION

 

Current Zoning and Land Use:

RM12 (Multi-Dwelling Residential) District; existing residence and barn

Surrounding Zoning and Land Use:

RM12 (Multi-Dwelling Residential) District to the north and south; existing multi-family uses

RS5 (Single-Dwelling Residential) District to the east; existing multi-dwelling residential units and detached residential dwelling uses.

GPI (General Public and Institutional) District to the west; existing Judicial and Law Enforcement Building

 

Summary of Special Use Request

The applicant is requesting a Special Use Permit to allow for two detached residential structures on a single lot as part of a rehabilitation project at 1106 Rhode Island Street.  The property is located within the East Lawrence Neighborhood and is listed as a contributing property to the North Rhode Island Street Historic Residential District, National Register of Historic Places. This application was submitted concurrently with an application for rezoning from RM12 to RMO to allow for the addition of an office use. The proposed project also includes the rehabilitation of the existing structures and construction of a new structure to be placed on the southeast corner of the property.  A parking area will be established to the west of the barn to support the property uses.

 

Review and Decision-Making Criteria (20-1306(i))

NOTE: This review assumes approval of the proposed RMO District.

 

1.         WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE

 

Applicant’s Response: The project includes historic preservation of structures that predate the adopted Development Code.  The uses are compatible and somewhat less intense than the historic use.  The proposed uses are also found in the general area of the project.  Applicable provisions of the Development Code will be met outright or through the appropriate processes.

 

The proposed development includes two detached dwellings and an office building.  The RMO district allows for allows for office and residential uses.  The project complies with the density standards of the RMO district.  Because the property was developed prior to the Development Code, the existing structures do not comply with all of the dimensional standards of 20-601 for the RMO district.  The applicant has requested variances for these existing conditions which the Board of Zoning Appeals approved on September 4, 2014.  In addition, the Board of Zoning Appeals approved a variance request for a reduction in the parking lot setback from the street right-of-way as identified in 20-908(b).

 

Staff Finding – Pending approval and publication of the RMO zoning, the proposed uses conform to the use standards of the RMO District. As conditioned, the proposed development complies with the provisions of the Development Code regarding specific site plan elements.

 

2.        WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS

 

Applicant’s Response: The proposed uses include low-density residential and professional office (architecture).  These uses are found in the existing environs of the site.  Hours of operation of the business will generally be daytime hours and it will not generate significant traffic, noise, odor, dust or other external impacts.

 

The proposed project will rehabilitate the existing structures on site that are character defining structures for the neighborhood.  The new detached dwelling proposed for the southeast corner of the property is compatible in size, scale, massing and materials.  The proposed site design will allow for open space on the northwest corner of the property.  Historically, this has been open space.  The proposed site design continues the spacial relationships of structure to green space found in the neighborhood.

 

The operating characteristics of the residential uses and the professional office use are compatible with the existing uses in the area.  The traffic generated by the uses will be similar to the existing traffic as the office use is limited in size and the residential uses are one, three bedroom unit and one, one bedroom unit. Lighting proposed for the site is will be shielded and will complement the historic character of the property.

 

Staff Finding – The proposed uses are compatible with the existing uses in the neighborhood.  

 

3.        WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED

Applicant’s Response: Given that the current conditions of the subject property for many years have been described as blight, it is more likely that the values of other property would be increased rather than decreased with the proposed improvements.

 

On March 26, 2013, the City of Lawrence exercised the power of eminent domain in the public interest to acquire the property located at 1106 Rhode Island Street for the purpose of rehabilitation. The property had been deemed unsafe and dangerous due to conditions that were considered “injurious to the health, safety, and welfare of the community.”

 

The proposed rehabilitation of the property will improve the neighborhood by returning the property to habitable conditions and removing the blight that has existed. 

 

Staff Finding – The proposed use will not cause substantial diminution in the values of other property in the neighborhood. The rehabilitation of this property will visually enhance the neighborhood by transforming the blighted property into a property that is well preserved.

 

4.        WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTLITY FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT

 

This property will be served by existing municipal water and sanitary sewer. No improvements are required for this infill redevelopment.  Access points to the property exist on Rhode Island Street and 11th Street.   

 

Staff Finding – Adequate public facilities and transportation access exist for this development. The redevelopment of property as infill rather that urban fringe development preserves efficient use of public services. The proposed use does not preclude the ability to service the existing uses in respect to public safety, transportation, and utilities.

 

5.        WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED

 

This development includes two detached dwellings on a single parcel. The project is not designed to provide individual ownership of units. The Special Use Permit, if approved, will be the enforcement document for this site. The property owner will be responsible for maintaining the site consistent with the approved plan.

 

Staff Finding – Adequate assurances of continuing maintenance will be address with the site plan performance agreement.

 

6.       WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT

 

Applicant’s Response: The existing lots are part of the original townsite plat and as such have been developed since 1871 or before.  While the “natural environment” has made some progress on the lots in the last several decades of neglect we believe that the planned improvements will be generally beneficial through careful selection and care of natural elements on the lot that will remain. 

 

The property has been developed at least since 1871.  There are no natural/environmental features on the parcel. 

 

Staff Finding – The proposed use will not cause significant adverse impacts on the natural environment.

 

7.        WHETHER IT IS APPROPPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PERMIT AND, IF SO WHAT THAT TIME PERIOD SHOULD BE.

 

This Special Use Permit is required to accommodate a specific building type (detached dwellings) in the multi-family district. This building type exists in the neighborhood. The proposed redevelopment of the site will rehabilitate an existing detached dwelling that was built c.1871 and will add an additional detached dwelling to the site.   

 

Staff Finding – Staff does not recommend a time limit on the Special Use Permit. 

 

STAFF REVIEW

 

A.   Site Summary

The proposed development includes two detached dwellings and one professional office building. The residential units will be a three bedroom unit and a one bedroom unit.   Surface parking is proposed as part of the project.  The historic open space at the northwest corner of the property will be maintained. The additional proposed impervious surface area is due to the construction of the second detached dwelling and the paved parking areas.

 

 

B.   Access and Parking

Vehicle access to the property is provided from an existing curb cut on 11th Street. The existing curb cut on Rhode Island Street will access three parking spaces.  The new garage will provide two spaces accessed from the alley.  A total of 11 spaces are provided on-site to support the two dwelling units and new office uses. Pedestrian access will be in the form of sidewalks that extend from the public sidewalks on Rhode Island and 11th Street to the structures on site.  Bicycle parking is located to the west of the barn structure that will be converted to the office space. 

 

On-site Parking:

This project includes surface parking only. The parking spaces are arranged to accommodate the number of parking spaces required by code while maintaining as much as possible the historic character of the property including the greenspace in the northwest corner of the property. 

 

C.   Design Standards

The structures located on the property at 1106 Rhode Island Street are listed as contributing structures to the North Rhode Island Street Historic Residential District, National Register of Historic Places. The proposed project is therefore subject to review under the State Preservation Law (K.S.A. 75-2724, as amended).  The design standards that must be used for the proposed project are the Secretary of the Interior’s Standards for Rehabilitation.  On August 21, 2014, the Historic Resources Commission reviewed the proposed project and found that the proposed project meets the standards. 

 

The property is also located in the environs of the English Lutheran Church (1040 New Hampshire), Lawrence Register of Historic Places and is subject to review under Chapter 22 of the City Code. A Certificate of Appropriateness is required for the physical alterations to the exterior of the existing structures and the construction of the proposed detached dwelling.  22-505 lists the standards to be used for review of a Certificate of Appropriateness.  At their meeting on August 21, 2014, the Historic Resources Commission approved the Certificate of Appropriateness for this project.

 

Conclusion

Section 20-402 of the Land Development Code requires a Special Use Permit for detached dwellings in the RMO district.  According to 20-508 of the Development Code,

 

A detached dwelling shall only be permitted to be constructed in an RM or RMO district, after the effective date, by approval of a Special Use Permit.  A detached dwelling may be permitted to be constructed without approval of a Special Use Permit if it is located on its own platted lot, and if the majority of the properties on the block face are constructed as detached dwellings. 

 

The proposed project includes a new detached dwelling on the same lot as an existing detached dwelling and a barn structure that will be rehabilitated into an office.  Therefore, a Special Use Permit is required to allow for the new detached dwelling to be constructed on the lot with the existing structures.