Memorandum

City of Lawrence

Douglas County

Planning & Development Services

TO:	Planning Commission
FROM:	Mary Miller, Planner
Date:	November 11, 2015
RE:	Item No. 3:  Z-15-00427 – RS7 to IL; 2.96 acres; 1501 Learnard Ave

The Planning Commission deferred taking action on this item at their October meeting to allow members of the Barker Neighborhood time to become more informed about the rezoning request. Staff, representatives from the neighborhood association, and the applicant met on November 10, 2015 to discuss the proposed project and various options for the rezoning. The neighborhood representatives expressed a desire for greater assurance that the agricultural character of the property would not change, even if the ownership of the property changed. The following options were discussed:

1. Register the property on the Historic Register and develop the Sunrise Green project as an Adaptive Reuse.

This option would facilitate the proposed project, but would not require the property to be rezoned. Staff discussed this option earlier with the Historic Resource Administrator. She indicated that listing was not feasible because the property doesn’t meet the criteria for listing in Section 22-403 of the City Code. She could not support the nomination because of the lack of integrity. For listing as a utilitarian structure, it has to be “a particularly fine or unique” structure with a “high level of integrity or architectural significance.”

2. Holding the rezoning until the Urban Agriculture text amendment is complete. If the Urban Agriculture text amendment includes an Urban Agriculture Overlay District, the property could be rezoned to this district.

This would insure the agricultural nature of the property would remain; however, it is unlikely that an Urban Agriculture Overlay (if developed) would permit the variety of uses being proposed on this property. At this time, an Urban Agriculture Overlay District is not being proposed.

3. Change the IL Zoning:

1. In addition to the IL zoning request, request rezoning to the PD (Planned Development Overlay) District.  Uses could still be restricted by the rezoning ordinance but a preliminary and development plan would be required for the project. If ‘Major Changes,’ as defined in Section 20-1304(e) of the Development Code, are proposed to the project, the preliminary development plan would need to be revised and brought to the Planning Commission for a public hearing and to the City Commission for approval. The final development plan would then be revised and processed administratively.

2. Keep the IL zoning but add a condition that any site plans for standard and major projects would require City Commission approval. This condition would provide an additional level of review to insure the property maintains its agricultural character and to insure continued compatibility with the nearby land uses without adding the additional process of a preliminary and final development plan.  This condition was applied to the IL zoning of the former recycling facility at 1146 Haskell, now Struct/Restruct’s construction shop and yard.

Staff recommendation:

If the Planning Commission determines that additional protection is needed, Staff recommends addition of the following condition to the IL rezoning: 

• All site plans submitted for standard or major development projects shall require approval by the City Commission.

In staff’s opinion, both the PD Overlay and the additional condition would provide additional protection but requiring City Commission approval of standard and major site plans would be a more efficient and effective way to maintain the agricultural character of the property and insure continued compatibility with nearby land uses.