Memorandum

City of Lawrence

Planning and Development Services Department

 

TO:

Diane Stoddard, Interim City Manager

FROM:

Planning Staff

DATE:

July 28, 2015

RE:

RS5 Zoning History in North Lawrence

 

Background

A representative of the North Lawrence Improvement Association recently requested that the City Commission review the RS5 zoned areas in the North Lawrence neighborhood.  The request included consideration of rezoning the areas from RS5 to RS7 or another single-family district.

 

Prior to the adoption of the Land Development Code by the City of Lawrence in July 2006, the vast majority of the residentially developed areas in North Lawrence were zoned RS-2 (Single-Family Residential) District under the terms of the previous Zoning Ordinance and Zoning Districts Map.  The RS-2 District was the smallest lot single-family zoning district offered in the old Zoning Ordinance – requiring a minimum lot area of 7,000 square feet.  Upon adoption of the Development Code, the old zoning districts converted to new code equivalents, which in the case of the RS-2 District is the RS7 (Single-Dwelling Residential) District.

 

Background studies prepared by staff in preparation for the adoption of the Development Code identified a number of areas within older portions of the city that were platted with lots that do not conform with the minimum lot area standards required by the RS-2 (RS7) zoning.  In response to this identified problem and to avoid the perpetuation of nonconforming lots, the Development Code added two new smaller lot single-family residential zoning districts, RS5 and RS3, that can be used for infill development or redevelopment on existing platted lots in older areas of the city where the standard platted lot size is less than 7,000 square feet.

 

Staff analyzed parcel lot size patterns in the RS-2 zoned older portions of the city to identify potential areas that might be suitable for rezoning to the new RS5 zoning concurrent with the adoption of the Development Code.  In North Lawrence, three areas were identified: 1) an area between N. 3rd and N. 4th Street bounded on the north by Maiden Lane and on the south by Pleasant Street; 2) portions of Lincoln Street and Perry Street in the 200 block; and, 3) Elm Street lots along most of the 300 block, all lots in the 400 block, and all lots on the north side of the 500 block.  These three identified areas were approved and zoned to RS5 District with the adoption of the Development Code and the new Zoning Districts Map.

 

Since the adoption of the Development Code in 2006, two applications for RS5 zoning in North Lawrence have been approved by the City: 525 & 527 N. 7th Street -- IG to RS5; and, 306 Elm Street -- CS to RS5.  Both property requests represented existing single-family residential developed properties that were noncompliant with the zoning of the land.  They also did not meet the minimum lot size standards to support a zoning change to the RS7 District. 

 

Map 1 attached to this memo outlines the areas in North Lawrence that are currently zoned RS5 District in a red color.  The map also shows the parcel ownership pattern and approximate location of existing buildings.  The map shows all of the 142 parcels within the RS5 zoned areas are developed with residential homes and accessory buildings. 

 

Some of these parcels correspond with a single platted lot while others represent a combination of several platted lots held under the same ownership.  Map 2 illustrates the location of existing buildings in the RS5 zoned areas of North Lawrence in relation to subdivision plat lot lines.  There are 215 platted lots and a small portion of Block 11 in the Final Plat of North Lawrence and Additions in the RS5 areas.  The map reveals some of the existing buildings extend across adjoining platted lot lines so the potential number of development lots is reduced.  A close inspection of the map reveals approximately 4 or 5 potential development lots out of the 113 total platted lots found in the three RS5 areas located north of the Union Pacific Railway tracks.

 

Along Elm Street, the platted lot size of the 102 lots (25’ x 110’ = 2,750 sq. ft.) is smaller than the lots north of the Union Pacific Railway tracks.  They are smaller in size than the minimum standards for the RS5 District which is found in the residential districts density and dimensional standards table in Section 20-601(a) of the Development Code.  A summary comparison between the RS5 and RS7 District standards is provided in the table below.

 

Lot and Setback Standards Table for RS5 and RS7 Districts

Standard

RS5 District

RS7 District

Min. Lot Area

5,000

7,000

Min. Lot Width

40

60

Min. Lot Frontage

40

40

Min. Front Setback

20

25

Min. Side Exterior Setback

20/10

25/10

Min. Side Interior Setback

5

5

Min. Rear Setback

20/25

30/25

Max. Building Cover

50

45

Max. Impervious Cover

75

70

 

While the lots along Elm Street are smaller in size than the minimum standards of the RS5 District, they are potentially legal nonconforming lots that could be built upon.  Section 20-1504, “Nonconforming Lots,” in the Development Code provides the guiding principles for nonconforming lots.  Map 2 shows there are approximately 10 to 12 potential lots that could be legal nonconforming lots and therefore eligible for development.

 

Discussion

The vast majority of the properties in North Lawrence that are zoned RS5 are developed with single-dwelling residential homes and accessory structures and comply with the RS5 zoning.  Approximately 14 to 17 undeveloped platted lots exist in the areas currently zoned RS5.  Some of those lots are smaller than the minimum standards for the RS5 District, but they could be legal nonconforming lots and therefore eligible for development.  If these undeveloped lots were to be developed with new single-family residential homes, the existing development pattern in those blocks will not be adversely affected nor will it change or alter the long established land use and density patterns found in those areas of the neighborhood. Several photographs of the RS5 area along Elm Street are provided to illustrate the existing development pattern found in the area and show how it is possible for a new residential dwelling at 437 Elm Street to integrate with the existing built environment.

 

Rezoning the RS5 areas to the RS7 district would create nonconforming conditions for many of the parcels.  The effect of creating nonconforming conditions is that these property owners may have difficulty financing mortgages and selling their property without variances being approved.  In effect, rezoning to the RS7 district would create more harm than good in these areas.

 

Conclusions

There are no sound planning reasons to rezone the RS5 areas in North Lawrence to a larger lot single-family residential district such as the RS7 District.  The development pattern is of an RS5 nature; only approximately 14-17 lots, which are scattered throughout the RS5 areas, are potentially developable for new residential homes; and downzoning the RS5 areas to the RS7 district will create nonconforming conditions for many of the existing developed properties. 

 

Action

Direct staff as appropriate.

 

 

 

Typical Street View of Residential Homes in RS5 Zoned Area in North Lawrence


 

Example of Residential Homes on RS5 Lots

New Residential Infill Development on an RS5 Lot – 437 Elm Street