04/25/05
ITEM NO. 10A: C-5 TO PCD-2; .19 ACRE; 3400 & 3434 SOUTH IOWA STREET (SLD)
Z-03-18-05: A request to rezone a tract of land approximately .19 acres from C-5 (Commercial) District to PCD-2 (Planned Commercial Development) District. The property is generally described as being located at 3400 & 3434 South Iowa Street. B G Consultants, Inc., for Schnaer Real Estate Ltd. Partnership, contract purchaser, and Wal-Mart Real Estate Business Trust, property owner of record.
NON-PUBLIC HEARING ITEMS:
04/25/05
ITEM NO 10B: FINAL DEVELOPMENT PLAN FOR CROWN CHEVROLET/TOYOTA; 3400 & 3434 SOUTH IOWA STREET (SLD)
FDP-03-03-05: Final Development Plan for Crown Chevrolet/Toyota. This proposed Planned Commercial Development contains approximately 12.92 acres and is located at 3400 & 3434 South Iowa Street. Submitted by B G Consultants, Inc., for Schnaer Real Estate Ltd. Partnership, contract purchaser, and Wal-Mart Real Estate Business Trust, property owner of record.
04/25/05
ITEM NO. 10C: FINAL PLAT FOR WAL-MART ADDITION NO. 3, A REPLAT OF LOT 1 AND LOT 3 IN WAL-MART ADDITION NO. 2; 3400 & 3434 SOUTH IOWA ST. (SLD)
PF-03-10-05: Final Plat for Wal-Mart Addition No. 3, a replat of Lot 1 and Lot 3 in Wal-Mart Addition No. 2, a replat of Wal-Mart Addition No. 1; Lot 2, M & L Subdivision; Lot 7a, Armstrong’s Subdivision No. 1; and Lot 1, Armstrong’s Subdivision No. 3. This proposed commercial subdivision contains approximately 12.92 acres and is located at 3400 & 3434 South Iowa Street. Submitted by B G Consultants, Inc., for Schnaer Real Estate Ltd. Partnership, contract purchaser, and Wal-Mart Real Estate Business Trust, property owner of record.
Items 10A – 10C were discussed simultaneously.
Ms. Day introduced the items, which all reflected changes being made in the field as the development evolved. Building permits have been issued for a both the Wal-Mart redevelopment and the Chevrolet/Toyota project.
Staff explained a center portion of the development had C-5 zoning, which would allow the development to proceed as proposed. However, it would be ‘cleaner’ to revise the zoning boundaries to follow the lines of the development plan and plat, which had changed during negotiations between Wal-Mart and Crown Toyota.
Staff recommended approval of all three items, with conditions as listed in the Staff Reports.
John Hampton spoke on behalf of the applicants, saying these requests stemmed from a change in plans. The original intent to demolish a portion of the existing building was now modified, and the building was to be left in its current state for the Crown Toyota use. This required revisions to the proposed driveway that in turn required additional land to accommodate the drive. A trade had been achieved with the adjacent Wal-Mart property and the items on tonight’s agenda were intended to reflect that change:
· Reflect new property boundaries;
· Make zoning of all land consistent with the project to which it now belonged;
· Allow retention of the entire Chevrolet building; and
· Allow entryway (no exit) from west into property at front of buildings.
No member of the public spoke on this Item.
The Commission had no additional questions or comments.
Motioned by Lawson, seconded by Angino to approve the rezoning of .19 acres from C-5 to PCD-2 at 3400 & 3434 S. Iowa Street and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Recording of a final plat prior to publication of the rezoning ordinance; and
2. Subject to the following use restrictions as follows:
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; and
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.
Motion carried unanimously, 10-0.
Item 10B
Motioned by Lawson, seconded by Angino to approve the Final Development Plan for Crown Chevrolet/Toyota, subject to the following conditions:
1. Provision of a revised Final Development Plan to include the following notes and changes per the approval of the City Stormwater Engineer:
a. Show proposed contours including elevation labels, storm structures, bottom of water feature, water surface and rim elevations;
b. Removal of General Note 14 and provision of a new note that states: “The water feature shall comply with City Code 19-11 and 9-9. A sanitary sewer connection for discharge from the pond drain or pumps shall be provided per city code.”
c. Provision of a general note that states: “Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. Building permits will not be released for this project until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.”
d. Note building heights on face of drawing; and
e. Location of dumpster enclosure for Chevrolet property per staff approval;
2. Provision of a mylar for recording including revised building elevations;
3. Provision of recording fees made payable to Douglas County Register of Deeds; and
4. Recording of the Final Plat with the Register of Deeds office prior to release of the Final Development Plan for issuance of a building permit.
Motion carried unanimously, 10-0.
Motioned by Lawson, seconded by Angino to approve the Final Plat for Crown Chevrolet/Toyota and forward it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of a revised Final Plat to update the Mayor’s signature block;
2. Execution of the following agreements:
a. Agreement not to protest the formation of a benefit district for street and street intersection improvements for street and sidewalk improvements for 33rd Street and geometric improvements for the intersections of 33rd and S. Iowa Street and the east and west entrance drives from Lot 1 and 33rd Street; and
b. Agreement not to protest the formation of a benefit district for future street and sidewalk improvements for the extension of Ousdahl Road including the intersection of Ousdahl and 33rd Street;
3. Submission and approval of public improvement plans for all public improvements; 33rd Street, 34th Street, sidewalks, sanitary sewer, municipal water, and storm sewer per approval of the Public Works Department prior to issuance of a building permit;
4. Execution of a Temporary Utility Agreement; and
5. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds; and
c. Provision of a master street tree plan.
Motion carried unanimously, 10-0.