EXHIBIT -A"
CROWN CHEVROLET AND CROWN
PROPOSED PCD-2 ZONING
At the present time, all of the property occupied by Crown Chevrolet and Crown Toyota (hereinafter referred to as -Crown"), owned by Schnaer Real Estate Limited Partnership (hereinafter referred to as -Schnaer"), is zoned C-5. After the proposed exchange of property between Schnaer and Wal-Mart, Crown will occupy the bulk of the former Payless Cashways property, and will retain a portion of the present Crown property. Wal-Mart will receive a portion of the present Crown property and a small portion of the Payless Cashways property. The Payless Cashways property is presently zoned as a Planned Commercial District (PCD) with very specific permitted uses.
Wal-Mart's property is zoned C-5 now, and it is anticipated they will be requesting a zoning change on that small parcel of Payless Cashways property they will receive to conform to their present C-5 zoning.
We understand the City would prefer that Crown/Schnaer seek a zoning change to PCD-2 with broad permitted uses, rather than C-5 zoning for the property they will ultimately occupy and own following the exchange. It is our wish and intent to work with the City in a cooperative effort to accomplish this mutually beneficial development and to that end will follow the recommendations of staff in the hope that proposed zoning can be accomplished with the least possible delay, since time really is of the essence.
With that in mind, we hereby set out the PCD-2 we are requesting, with the expanded uses necessary. It must be understood that a number of variances and waivers will be necessary to accommodate the property under PCD-2 zoning, since a number of requirements under that zoning will be instantly violated by existing conditions (which are not violations under C-5). Additionally, variances and waivers will be necessary to accommodate the planned development, and without those variances and waivers the development can not proceed. If there is some hesitancy or resistance to granting the needed variances and waivers, we will need to apply for C-5 zoning after all.
We will be requesting the following permitted uses under PCD-2 zoning:
(a) All of those permitted uses under Use Group 7 in Section 20-709.5 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(b) All of those permitted uses under Use Group 9 in Section 20-709.7 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(c) All of those permitted uses under Use Group 11 in Section 20-709.9 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of food stores, convenience stores, and restaurants which shall not be permitted.
(d) All of those permitted uses under Use Group 12 in Section 20-709.10 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of bowling alleys; clubs or lodges; department stores; variety stores; food convenience stores; gasoline stations for sale to the public of gasoline; food stores (including retail bakeries); liquor, wine and beer sales; pawnshops; and theatres, which shall not be permitted.
(e) All of those permitted uses under Use Group 13 in Section 20-709.11 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of commercial amusements parks; commercial baseball parks; carnivals or circuses; eating establishments with dancing or entertainment; eating establishments providing only drive-up service or no seating facilities; food convenience stores, including gasoline sales; food locker plant for consumer use; commercial golf driving range; golf pitch and putt or miniature golf course; sex shop; sexually oriented media store; commercial skating rink and drive-in theatre, which shall not be permitted.
(f) All of those permitted uses under Use Group 14 in Section 20-709.12 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of pawnshops, sexually oriented cabarets, and sexually oriented motion picture theatres, which shall not be permitted.
(g) All of those permitted uses under Use Group 15 in Section 20-709.13 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of a bowling alley; game arcade, including video games; a theatre; and outdoor amusement, recreational or cultural facilities.
Respectfully submitted,
Crown Chevrolet and Crown
By Miles
E. Schnaer, Schnaer Real
Estate LP
CROWN CHEVROLET AND
CROWN
MARKET STUDY
The requested rezoning of the existing Payless Cashways property and that portion of the existing Crown property that will remain Crown property, will not significantly change market characteristics at this location or within this commercial region in any detrimental way. The existing Crown property is now being used for automotive sales and service, together with related retail sales, and that is the intended use of the property under the redevelopment.
The proposed redevelopment will, however, enhance Crown's ability to better provide for the service needs of its customers, and will allow Crown to offer a larger inventory from which the buying public may select, both in new and used cars, as well as automotive related retail products and accessories.
This is the area intended for such uses, and certainly growth of existing businesses is encouraged, as competition among the existing automotive sales and service entities continues and flourishes.
With the
assistance of Chevrolet and
New car sales for Crown Toyota is expected to increase from $14,494,644.00 this year, to $20,075,675.00 the year following redevelopment, for an increase of $7,825,080.00 in the first year alone.
Used
Toyota Service increase by $571,230.84 in the first year alone. Toyota Parts increase from $887,140.00 to $1,042,248.00.
New car sales for Crown Chevrolet is expected to increase from $11,551,815.00 to $16,172,541.00 in the first year alone.
Used Chevrolet sales increase from $5,371,618.00 to $7,520,265.00.
Chevrolet service will increase by 7.3%
Chevrolet parts will increase by $558,850.98 in the first year.
Body Shop will increase from $1,389,383.00 to $1,667,259.00
This is a total increase in sales for the three entities from $21,354,037 to $29,009,530.00.
In addition, we anticipate the need for 29 additional employees with a total increase in payroll of $723,840.00 annually.
This, coupled with the anticipated increase in sales tax generated of $1,130,080 represents a substantial financial benefit to the city, as well.
We intend to supplement this document with additional data and reports, and will provide that as soon as received.
Respectfully submitted,
Miles E. Schnaer
Crown Chevrolet, Crown
Schnaer Real Estate Limited Partnership
Permitted Use Groups
USE GROUP 7. COMMUNITY FACILITIES - PUBLIC UTILITIES (a) may appropriately be located in residential areas to provide education, recreation, health, and other essential services and, (b) do not create significant objectionable influences in residential areas.
1. Community Facilities
Adaptive reuse of properties listed
as a landmark on the
Art gallery or museum
Cemetery, columbarium, or mausoleum
Child care center
Child care home - occupant primary provider
Child care home - non-occupant primary provider
Church or other place of worship, including student center
Club or lodge, private, except those whose chief activity is carried on as a business
Community building, public
Golf course, but not including commercially operated driving range, pitch and putt course or miniature golf course
Halfway house or service-oriented rehabilitation center or residence Health center, government operated
Hospital, general, not including animal
Institution for children and aged, nonprofit
Library or museum: public or private, open to public without charge Monastery, convent or similar institution of religious training Mortuary, funeral parlor, or undertaking establishment
Nursing home or rest home
Parish house, nunnery, rectory, etc.
Park, playground, or playfield, public
Private recreation facility (exclusive of family swimming pools and swimming pools that are accessory uses to hotels, motels and apartments)
Rehabilitation center for persons with disabilities
Sanitarium
School, public, parochial, or private, non-profit:
(a) Grades nine and below including kindergarten
(b) Grades ten and above
Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc.
Swimming pool, accessory
Theatre, live (if indoors)
2. Public Utilities
Electrical substation
Gas regulator station
Radio or television transmitter or tower
Sewage disposal plant, private
Telephone exchange, but not including garage, shop, or service Water filtration plant, pumping station, elevated storage or reservoir
3. Similar Uses
All other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses and (2) are not included in any other use group.
4. Accessory Uses
(Ord. 6359; Ord. 6382; Ord. 6489)
USE GROUP 9. PROFESSIONAL OFFICES. Offices for medical, professional and
governmental purposes and accessory use, not including retail sales to the
public, that are of a nature that may be located adjacent to or combined with
residential uses without harmful effects to said residential uses.
1. Medical and Related Offices
Chiropody, chiropractic, dental, electrology, medical, optical, optometric,
osteopathic, including a clinic
2.
Ambulatory (Outpatient)
3. Professional and Governmental Offices
Accounting, architecture, engineering, governmental, insurance sales,
law, real estate and sales and brokerage, motion picture studios
(enclosed)
4. Veterinarian
Office and incidental boarding, with no open kennel or yard where animals are confined or exercised
5. Financial Institutions
6. Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc.
7. Other Offices
All other offices which (1) are similar to the listed uses in function, traffic-generating capacity, effects on other land uses, and (2) are not included in any other use group.
8. Accessory Uses.
(Ord. 6287; Ord. 6770; Ord. 7047 rev.)
USE GROUP 11. INNER NEIGHBORHOOD COMMERCIAL USES. These uses are
limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.
1. Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store
Hair care establishment Laundry, self-serve
Professional Offices (excluding medical and veterinarian offices and clinics)
Quick copy center
Restaurant, not including one with drive-up facilities or service to
automobiles
Retail bakery
Reverse vending machines (recycling)
Shoe repair service
Small collection facilities (recycling)
Studio for professional work or for teaching of any form of fine arts i.e.
photography, music, dancing, drama, etc.
2. Accessory Uses
(Ord. 6578; Ord. 6777)
USE GROUP 12. RETAIL STORES - PERSONAL SERVICES. Certain types of retail stores and service establishments which:
(a) Provide for a wide variety of local consumer and transient needs, and
Have a small service area and are, therefore, not distributed widely throughout the city. Retail Stores and Service Establishments
Altering, pressing, repairing of wearing apparel
Antique sales
Appliance, furniture, home furnishings, sales, rental repair
Art supply sales
Automobile service stations
Bank, savings & loan and trust company
Barber or beauty shop
Bicycle sales, rental, repair
Book sales
Bowling alley
Camera or photographic supply sales Clothing sales
Club or lodge, whose chief activity is carried on as a business
Computer store; sales, service and equipment Confectionery store
Department store
Drug store
Dry cleaning
Eating place, enclosed, without dancing or entertainment and not
providing service in automobiles Florist shop and greenhouse
Food convenience store, including gasoline sales and single-bay auto wash
(Ord. 6205)
Food store, including retail bakery Furrier shop, including storage of furs Garden supply sales
Gift, novelty, souvenir sales
Hardware store and small tool rental, but not including sales of lumber or
industrial hardware
Hat blocking and repair
Hobby supply sales
Ice vending machine
Interior decorating shop
Jewelry sales and repair
Laundry pick-up station
Laundry, self-service only
Licensed premises
Liquor, wine and beer sales, for consumption off the premises
Loan office
Locksmith, key shop
Mail order agency
Music, musical instrument and phonographic record sales
Newsstand
Nursery stock sales
Optical goods, sales
Orthopedic or medical appliance sales Paint and wall paper sales
Pawnshop (Ord. 5033)
Photographic processing
Photographic studio
Post Office
Quick copy or duplicating center Radio and television studio
Sewing machine sales and repair Shoe repair and sales
Sporting goods sales
Surgical and dental supply sales Theatre, indoor commercial
Variety store
Video store, sale or rental of video equipment, movies and games parlor
2. Similar Uses
Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group.
3. Accessory Uses
(Ord. 6578)
USE GROUP 13. AUTOMOTIVE SERVICES; RETAIL SALES; OTHER. Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use.
1. Automotive Services and Retail Sales
Aircraft sales, rental, service
Ambulance service
Amusement park, commercial
Auction room auctioneer
Automobile parking garage
Automobile parts store; tires & accessories
Automobile repair and services
Automobile sales, service, rental (new and used) Automobile service station
Barber and beauty equipment sales
Baseball park, commercial
Blueprinting and similar reproduction processes Boat and marine sales, rental and repair
Bus passenger station
Business machine rental, repair, sales
Car or truck wash
Carnival or circus
Carting, crating, express hauling, moving and storage Caterer
Eating establishment, enclosed, with dancing or entertainment
Eating establishment, providing only drive-up service or no seating facilities
Exterminator, pest
Food convenience store, including gasoline sales Food locker plant, for consumer use
Free standing automated banking or dispensing facility Funeral home, mortuary, or undertaking establishment Garage or parking for common or public utility vehicles Glass sales and cutting shop
Golf driving range, commercial, (pkg. requirement applies to tee area only)
Golf pitch and putt courses, miniature golf course Home improvement center
Hotel
Laboratory, medical or dental
Leather goods, sales and repair
Linen supply, diaper service, uniform supply
Liquids, flammable, underground storage of
Lumber, limited sales
Media Store (Ord. 7226)
Mobile homes, sales and service
Monument sales, including incidental processing Motel
Motorcycle sales, service and rental
Office equipment and supplies, sales and service, rental and repair Pet shop
Photostatting
Plumbing fixture sales
Quick copy or duplicating center
Recording studio
School, commercial or trade, when not involving any danger of fire or
explosion, nor of offensive odor, noise, dust, glare, heat, vibration or
other objectionable factors
Secretarial service
Sex Shop (Ord. 7226)
Sexually Oriented Media Store (Ord. 7226)
Skating rink, commercial
Studio for professional work or for the teaching of any form of fine arts,
photography, music, drama, etc.
Swimming pool, commercial (parking requirements include pool area)
Taxidermist
Telephone answering service
Theatre, drive-in
Trailer sales and rental
Transit vehicle storage and servicing
Truck rental and sales
2. Similar Uses Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group.
3. Manufacturing Uses
Baked goods, candy, delicatessen, and ice cream, all for retail sales on the
premises only
Clothing: custom manufacturing or altering for retail, including custom
dressmaking, millinery, or tailoring
4. Accessory Uses (Ord. 6578)
USE GROUP 14. RETAIL - WHOLESALE SALES AND SERVICES. Consumer and non-consumer type retail and wholesale stores and service establishments and accessory uses that serve a wide area, including the entire city and surrounding trade area.
1. Retail - Wholesale Goods and Services
Automobile body shop
Blacksmith shop
Building materials and lumber yards (parking requirements do not apply to
lumber sheds)
Cold storage plant
Contractor or construction offices and shops Dry cleaning plant, including carpet cleaning Farm equipment sales, service and repair Feed and fertilizer sales
Freight depot, railroad or truck
Hardware, industrial sales
Ice plant
Machine tools, sales, rental, repair
Mini-warehouse facilities
Pawnshop
Sexually Oriented Cabaret (Ord. 7226)
Sexually Oriented Motion Picture Theatre (Ord. 7226) Warehousing establishment
Wholesaling establishment, including storage
2. Similar Uses
Other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses, and (2) are not included in any other use group.
3. Accessory Uses
(Ord. 6768)
USE GROUP 15. AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES. Uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment.
1. Indoor Recreational Amusement or Cultural Facilities
Athletic club
Auditorium
Bowling alley
Field house
Game arcade, including video games
Physical culture center and health services, including spas, gymnasiums, reducing salons, masseur/masseuse, or hot tubs
Skating rink
Swimming pool, commercial Theatre, indoor
2. Outdoor Amusement, Recreational or Cultural Facilities
Baseball park or batting cages, commercial
Golf driving range or putting greens, commercial
Golf, miniature or pitch and putt
Race track
Stadium or amphitheater Swimming pool, commercial
3. Similar Uses
Other uses not specifically mentioned in this or any other use group which are similar in function and traffic-generating capacity to those specifically listed in this use group.
4. Accessory Uses
Uses which meet the requirements of the definition of accessory uses, Sections 20-2002(2) and 20-2002(3).
(Ord. 5658, Sec. IX)