PUBLIC HEARING ITEM:

 

ITEM NO.  9A:   C-5 & PCD-2 TO PCD-2; 15.02 ACRES; 3400 IOWA STREET (JLT/BPD)

SUMMARY

 

Z-05-20-04:  A request to rezone a tract of land approximately 15.02 acres from C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District.  The property is described as being located at 3400 Iowa Street.  Submitted by BG Consultants, Inc. for Schnaer Family Real Estate Limited Partnership and Lawrence Cashways, LLC, property owners of record.  A Preliminary Development Plan (PDP-05-04-04) associated with this rezoning request is also before the Planning Commission (Item 9B).

 

GENERAL INFORMATION

 

Current Zoning and Land Use:                       PCD-2 (Planned Commercial Development) District (with use restrictions); site of former Payless Cashways store and materials yard.

 

                                                              C-5 (Limited Commercial) District; site of current new car sales and service, Crown Chevrolet and Crown Toyota.

 

Reason for Request:                                    “To allow in-fill redevelopment of the area that will result in the vacant former Payless (Cashways) building being remodeled and utilized in a  productive manner; to create a new recycling center facility, and to construct an expansion to the existing Wal-Mart  store.”

 

I.  ZONING AND USES OF PROPERTY NEARBY

 

Surrounding Zoning and Land Use:                  C-5 (Limited Commercial) District to the north; site of current new/used car sales and service, Crown Chevrolet and Crown Toyota.

                                                              A (Agricultural) District to the east; farmland, outside of Lawrence City Limits.

                                                              RS-1 (Single-Family Residence) District to the south; undeveloped.

                                                              PCD-2 (Planned Commercial Development) District to the west; variety of commercial uses including hotel, restaurants and multi-screen movie theater.

 

The subject property is located at the southeast corner of Iowa and 34th Streets.  At present, the entire site of the former Payless Cashways is zoned PCD-2 (Planned Commercial Development) District with use restrictions that limit the site to a lumberyard. This request has basically two parts. This rezoning request takes a portion of a C-5 (Limited Commercial) District-zoned lot (site of Crown Chevrolet and Crown Toyota new/used car sales) directly north of Payless Cashways and rezones it to PCD-2. The second part of this request pertains to permitted uses. The rezoning request takes the entire rezoned PCD-2 site from PCD-2 to PCD-2, to allow additional uses currently restricted with the existing PCD-2 zoning.

 

                        Staff Finding Property to the north of the subject property is zoned C-5 (Limited Commercial) District, representing a variety of commercial use types.  Property to the east of the subject property is zoned A (Agricultural) District and is outside of the Lawrence City Limits.  Land to the south of the subject property is zoned RS-1 (Single-Family Residence) District and is undeveloped.                        Property to the west is zoned PCD-2 (Planned Commercial Development) District, representing a variety of commercial uses including hotel, restaurants and multi-screen movie theater.  

 

II.   CHARACTER OF THE AREA

 

The subject property is located near the intersection of Iowa Street and the proposed location of the South Lawrence Trafficway (SLT)/K-10 Highway. Horizon 2020 recognizes South Iowa Street as an existing “Regional Commercial Center.”  The comprehensive plan identifies a regional commercial center as one that provides a great variety and number of general merchandise, apparel, furniture stores and other tenants which serves a population greater than and beyond that of the community. With recent development at the northeast corner of 31st and Iowa Streets and the construction of several big-box retailers in close proximity to the subject property, this commercial corridor has evolved into a regional commercial center serving regional shopping and entertainment needs.

 

The applicants of this rezoning are proposing to limit uses in the planned commercial development. The limited uses are consistent with the types of uses typically found in a regional commercial center (see Exhibit A for a list of requested permitted uses).  

 

Staff Finding – As defined in Horizon 2020, South Iowa Street is recognized as an existing “Regional Commercial Center.”  

 

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

 

Planned Commercial Development Districts are intended to encourage commercial development in a planned manner consistent with the adopted comprehensive plan of the City and compatible with nearby or adjacent residential areas. While these districts typically permit a broad number of commercial uses including Use Group 13 - Automotive Services; Retail Sales, the subject property was restricted to a single permitted use when rezoned in 1993. At that time, a rezoning (Z-9-32-93) and subsequent preliminary and final development plans for Payless Cashways restricted the use of the property to “Retail/Wholesale Sales and Service of Building Materials.”

 

The C-5 (Limited Commercial) District is designed to permit and encourage the grouping, in defined areas along highways, of certain retail activities and services intended primarily to serve, and be dependent upon, the motoring public. In previous rezonings, both Crown Chevrolet and Crown Toyota, and the Wal-Mart sites, were rezoned C-5 (Limited Commercial) District. Use Group 13 – Automotive Services; Retail Sales; Other, is a permitted use in C-5 zoning. 

 

Staff Finding – Use Group 13 – Automotive Services; Retail Sales; Other, are permitted uses in both C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) District zoning.

 

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

 

Staff Finding - The majority of the subject property was rezoned from A (Agricultural) District to PCD-2 with use restricted to a single permitted use in 1993. The former tenant, Payless Cashways vacated the subject property in 2001. The C-5 zoned property to the north of the Payless site was rezoned in 1973.

 

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

 

In addition to this rezoning request, the applicants have submitted a Preliminary Development Plan (PDP-05-04-04) for the redevelopment of the Payless Cashways site in combination with a portion of the Crown Automotive site. A rezoning request (Z-05-21-04) for approximately 2.63 acres from RS-2 (Single-Family Residential) District and PCD-2 (Planned Commercial Development) District to C-5 (Limited Commercial) District will facilitate the expansion of the existing Wal-Mart store to the east and south and relocate the store’s existing recycling center further south onto a portion of the current Payless Cashways site.

 

 Staff Finding – Approval of this rezoning request will not have a detrimental affect on nearby property.  Approval of this rezoning will allow for the redevelopment and expansion of the subject property in a manner that is very similar to the surrounding area.  Removal of the current zoning restrictions will not have a detrimental affect on nearby property.

 

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 these criteria weigh the benefits to the community-at-large versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare.

 

If this rezoning request and the accompanying preliminary development plan are approved, the property owner(s) can redevelop a vacant commercial site and expand an existing retail store.  An important component of the redevelopment proposal is the reconfiguration of access to the subject property from Iowa Street at 34th Street. Currently, this access point is inadequate for traffic queing and creates a traffic safety concern. The proposal presented by the applicants in the Preliminary Development Plan greatly improves the 34th Street access to both the proposed Crown Chevrolet and Crown Toyota, and the Wal-Mart site and provides better traffic movement for the entire site.

 

Staff Finding – Approval of this rezoning request will facilitate the redevelopment of a vacant commercial site and will not reduce the value of the applicants’ property.   Approval of this rezoning and the accompanying preliminary development plan will provide a gain to the public health, safety and welfare by improving the traffic flow in and around the subject property and immediate area.

 

VII.   CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

An evaluation of the conformance of this rezoning request with the comprehensive plan, Horizon 2020 is based on key features, goals, policies and recommendations of the plan. The chapter most relevant to this review is Chapter Six – Commercial Land Use.

 

Chapter Six – Commercial Land Use

STRATEGIES: COMMERCIAL DEVELOPMENT

 

“Encourage infill development and/or redevelopment of existing commercial areas with an emphasis on Downtown Lawrence and existing commercial gateways. Sensitivity in the form of site layout and design considerations shall be given to important architectural or historical elements in the review of development proposals.”

 

The subject property is part of the South Iowa Street Regional Commercial Center. Horizon 2020 defines this regional commercial center as the area between W. 23rd Street and K-10 with approximately 1.3 million square feet of gross commercial space.

 

Chapter Six – Commercial Land Use

STRATEGIES: COMMERCIAL DEVELOPMENT

South Iowa Street (23rd Street to K-10 Highway)

 

“K-10 provides a physical barrier and edge to the commercial corridor (South Iowa Street Corridor) that has developed.  Additional retail commercial uses shall not occur south of the highway

 

In general, development and redevelopment along the Iowa Street segment shall emphasize consolidated access, frontage roads, coordinated site planning and design, and high quality development.”

 

This rezoning request does not propose to extend the commercial uses south of K-10. As stated, this request is part of a larger proposal that will consolidate access points and provides the ability to coordinate the site planning of three existing commercial sites (Wal-Mart, Crown Chevrolet and Crown Toyota, and Payless Cashways).

 

Horizon 2020 recommends that Regional Commercial Centers have no more than 1.5 million gross square feet.  Approval of this proposal will not cause the South Iowa Street Regional Commercial Center to exceed 1.5 million gross square feet. 

 

Staff Finding - This rezoning request is in conformance with the City’s comprehensive land use plan, Horizon 2020.

 

 

STAFF REVIEW

 

The rezoning request, from C-5 and PCD-2 (with a single use permitted) to PCD-2 (with a greater list of permitted uses) and the subsequent Preliminary Development Plan (PDP-05-04-04) will result in the redevelopment of the former Payless Cashways site for Crown Chevrolet and Crown Toyota new and used car sales and service. This rezoning request is part of a larger proposal that includes the expansion of the existing Wal-Mart store. To facilitate this expansion, the existing Crown Chevrolet and Crown

 

Toyota dealership will be relocated to the former Payless Cashways site and a portion of the Crown Automotive site. The expansion of the Wal-Mart store to the south will require the current recycling facility to be relocated to an area that is now part of the Payless Cashways site. 

 

While all three sites are to be redeveloped as a joint project, one site (Wal-Mart) will have conventional zoning (C-5) and the Crown Chevrolet and Crown Toyota site (formerly Payless Cashways) will have a planned unit development zoning (PCD-2). The Crown Chevrolet and Crown Toyota site will require a rezoning approval and approval of a preliminary and final development plan. The rezoning request and the preliminary development plan will be considered by both the Planning Commission and the City Commission.

 

STAFF RECOMMENDATION

 

Planning Staff recommends approval of the rezoning of approximately 15.02 acres from C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District based upon the findings of fact presented in the body of the Staff Report and the forwarding of it to the Lawrence City Commission with a recommendation for approval subject to the following conditions:

 

  1. Approval of a preliminary development plan for the proposed site;
  2. Approval of a replat for the subject property and the adjacent Wal-Mart property;  
  3. Approval of a site plan for the Wal-Mart expansion; and  
  4. Approval of proposed uses and use restrictions to the planned commercial development:

(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.