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PLANNING COMMISSION REPORT SUMMARY Public Hearing Item |
PC Staff Report
07/27/05
ITEM NO. 12: RM-1 TO POD-1; 3.2677 ACRES; EAST OF WAKARUSA DRIVE AND NORTH OF HARVARD ROAD (PGP)
Z-06-43-05: A request to rezone a tract of land approximately 3.2677 acres from RM-1 (Multiple-Family Residential) District to POD-1 (with restrictions) (Planned Office Development) District. The property is generally described as being located east of Wakarusa Drive and north of Harvard Road. Submitted by Peridian Group, Inc., for Mustard Seed Christian Fellowship, property owners of record.
On April 27, 2005, the Planning Commission heard a rezoning request for this property, from RM-1 to O-1 (Office) District [Z-12-55-04]. The Planning Commission deferred the item to the June 2005 agenda meeting. A copy of the minutes from the April 27 Planning Commission meeting is attached. The applicant has modified and re-submitted the application with a rezoning request to POD-1 (Planned Office Development) District.
In the previous application, staff had a concern that a rezoning of this property to O-1 (Office) District would allow for the possibility of commercial retail use at this location, following the adoption of the proposed new zoning code.
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STAFF RECOMMENDATION: Planning Staff recommends approval of the rezoning of a tract of land from RM-1 (Multiple-Family Residential) District to POD-1 (Office) District and forwarding it to the City Commission with a recommendation for approval subject to the following conditions: 5. Approval of a Final Development Plan for Office Use. 6. Filing of a replat of the property at the Register of Deeds Office. 7. POD-1 allowed uses per Section 20-1004(d) to include Use Groups 7, 8 and 9; with an exclusion of Financial Institutions in Use Group 9 and exclusion of all of Use Group 9A – Limited Services.
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Applicant’s Reason for Request: |
Rezoning from RM-1 zoning to POD-1 zoning to facilitate redevelopment of an existing Church into office use. |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER
ZONING AND USES OF PROPERTY NEARBY · Property surrounding the 3.27 acre subject rezoning area represents both commercial and residential district zoning.
CHARACTER OF THE AREA · The overall character of the area represents commercial uses fronting on to W. 6th Street, transitioning to Multiple-family Residential, then to Single-family Residential.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · An office use approved through a Development Plan would provide a transitional buffer area, similar to the existing transition provided by the Church. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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PUBLIC HEARING ITEM:
PC Staff Report
07/27/05
Z-06-43-05: A request to rezone a tract of land approximately 3.2677 acres from RM-1 (Multiple-Family Residential) District to POD-1 (with restrictions) (Planned Office Development) District. The property is generally described as being located east of Wakarusa Drive and north of Harvard Road. Submitted by Peridian Group, Inc., for Mustard Seed Christian Fellowship, property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: RM-1 (Multiple-family Residential) District; Existing Church, Church parking lot, and land for expansion.
Surrounding Zoning and Land Use: RM-1 (Multiple-family Residential) District to the east and south; Existing duplexes on individual lots to the east, Pioneer Ridge Retirement Facility to the south.
RS-2 (Single-family Residential) District to the southwest; Existing single-family homes.
PRD-2 (Planned Residential Development) and PCD-2 (Planned Commercial Development) District to the west; Across Wakarusa Drive, existing single-family homes and bank.
PCD-2 (Planned Commercial Development) District to the north, Existing commercial retail center.
Reason for Request: Rezoning from RM-1 to POD-1 zoning to facilitate redevelopment of an existing Church into office use.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The requested rezoning is a 3.27 acre portion of a 9.69 acre lot. The remainder portion of the lot is also zoned RM-1 (Multiple-family Residential) District. The adjacent zonings are RM-1 (Multiple-family Residential), RS-2 (Single-family Residential), PRD-2 (Planned Residential Development) and PCD-2 (Planned Commercial Development) Districts. The adjacent uses are duplex townhouses on individual lots, retirement facility, single-family homes, bank, and commercial retail center.
II. CHARACTER OF THE AREA
Staff Finding - The overall character of the area is commercial uses along W. 6th Street with transition to lesser intensity, multiple-family residential and then single-family residential uses south away from W. 6th Street.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “This property is currently restricted multi-family development, but is in use as a church. An office development at this corner would be a suitable transition zoning because of location and surrounding land use.”
Staff Finding - The subject property is suited for the existing church use located on the 9.69 acre lot. Most new churches attempt to locate on a minimum of 10 acres of property to allow for necessary parking, church related activities, and future church expansion. The undeveloped portion of the lot if determined not to be needed, could be replatted and used for multiple-family residential uses. The property would also be suitable for a conversion to office use through a Planned Office Development.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property has been zoned RM-1 (Multiple-family Residential) District for a number of years. The property has been developed with a Church, Church addition, baseball field, soccer field, and Church parking lot. The area requested to be rezoned only includes the existing Church building and driveway access from Wakarusa Drive, and does not include the parking lot or sport fields.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “None.”
Staff Finding –The conversion of this portion of the property to a Planned Office Development Use would still allow for a transitional buffer area between commercial uses along W. 6th Street and existing residential uses to the south. The request rezoning would not be detrimental to nearby property.
V. 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
Applicant’s Response: “This property is suitable for office development.”
Evaluation of these criteria weighs 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.
Staff Finding A rezoning, subject to an approved Final Development Plan and replat, would allow this Church to relocate to another location, and for the new owner to either continue the use of the existing building as a Church, or redevelop the building to an office use through an approved Planned Office Development and replatting of the property.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “This request conforms to Horizon 2020.”
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on key features, goals, policies and recommendations of the plans.
Horizon 2020, Chapter 6 – Commercial, Page 6-16
W. 6th Street and Wakarusa Drive
The intersection of W. 6th Street and Wakarusa Drive is an existing Community Commercial Center limited to 200,000 square feet of commercial gross square footage (CC200 Center) with a nodal development pattern. While this intersection is designated a CC200 Center, there already exists more commercial gross square footage at the intersection than is recommended for a CC200 Center.
Portions of the intersection of W. 6th Street and Wakarusa Drive are still developing. However, the southern half of the intersection is completely developed and shall not be expanded beyond the existing commercial zoned property. The northern half of the intersection is undeveloped. Commercial development of this portion of the intersection shall not extend beyond Overland Drive (extended) to the north, Congressional Drive (extended) to the west; and Champion Lane (extended) to the east. Development proposal for the northern portions of the intersection shall include not only commercial uses, but also a variety of other uses including office, community, recreational and multi-family uses.
CHAPTER 6, GOAL 2: Compatible Transition from Commercial Development to Less Intensive Uses
Ensure compatible transition from commercial development to residential neighborhoods and other less intensive land uses.
Policy 2.3: Higher-Density Residential Development as Transitional Use
Use higher-density residential development as a transitional land use between commercial developments and the surrounding low-density residential neighborhoods.
Policy 2.5: Office, Research and Semi-Public Development as Transitional Use
A. Encourage using low-intensity office, research and semi-public development as a transition between commercial development and low-density residential neighborhood. The development shall include:
1. Design elements such as height, massing, and scale compatible with the surrounding low-density residential uses;
2. Site design that is compatible with surrounding residential neighborhoods with consideration given to extensive screening, building and parking orientation, and preservation of natural site amenities; and
3. Site access provided from arterial, collector or access streets, with traffic directed away from surrounding residential areas.
Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive – Approved by the Lawrence City Commission on December 2, 2003.
The Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive did not identify any changes or modifications to the existing Community Facility (Public/Semi-Public) use of the Church’s property. The retail commercial square footage on the south side of W. 6th Street was to be limited to the existing 224,000 gross square feet.
Staff Finding The requested rezoning to Planned Office Development District would allow for a similar type of intensity and transitioning of the property and would conform with Horizon 2020 and the Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive.
Per Section 20-1009:
A. Provide a statement regarding why the PUD would be in the public interest.
Applicant’s Response: “The use of POD-1 zoning would allow use restrictions to ensure that this property will redevelop as office use only.”
B. Provide a statement with regard as to why the Planned Unit Development would be consistent with the statement of Objectives for Planned Unit Development as found in Section 20-1002.
Applicant’s Response: “The POD ordinance encourages design innovation and flexibility in order to promote an efficient and aesthetic use of the land.”
POD-1 POTENTIAL USES AND RESTRICTIONS
Per Section 20-1004(d), a POD-1 (Planned Office Development) District is intended to be a non-residential district which can be developed with uses which may buffer more intensive uses from less intensive uses. Uses permitted within the POD-1 District include: uses permitted in
· Use Group 7 - Community Facilities-Public Utilities;
· Use Group 8 - Temporary Uses;
· Use Group 9 - Professional Offices; and
· Use Group 9A - Limited Services.
A listing of the allowed uses within Use Groups 7, 8, 9 and 9A are included as Attachment “C”.
Staff believes that excluding Financial Institutions in Use Group 9 and all of Use Group 9A – Limited Services would be an appropriate restriction as part of the rezoning approval.
20-1004.1 RESTRICTION OF USES AND BUILDING TYPES.
As a condition of approval of a PRD, PCD, PID or POD zoning district, the Planning Commission or City Commission may designate by ordinance or as a note on the face of the development plan, any specific use, structure or building type which shall be restricted and excluded as part of the planned unit development zoning district. (Ord. 6745)
STAFF RECOMMENDATION: Planning Staff recommends approval of the rezoning of a tract of land from RM-1 (Multiple-Family Residential) District to POD-1 (Office) District and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:
5. Approval of a Final Development Plan for Office Use.
6. Filing of a replat of the property at the Register of Deeds Office.
7. POD-1 allowed uses per Section 20-1004(d) to include Use Groups 7, 8 and 9; with an exclusion of Financial Institutions in Use Group 9 and exclusion of all of Use Group 9A – Limited Services.
ATTACHMENT “A” – MINUTES FROM APRIL 27 PLANNING COMMISSION
BEGIN PUBLIC HEARING (APRIL 27, 2005):
04/27/05
ITEM NO. 17: RM-1 TO O-1; 2.69 ACRES; NORTHEAST CORNER OF WAKARUSA DRIVE & HARVARD ROAD (PGP)
Z-12-55-04: A request to rezone a tract of land approximately 2.69 acres from RM-1 (Multiple-Family Residential) District to O-1 (Office) District. The property is generally described as being located east of Wakarusa Drive and north of Harvard Road. Submitted by Peridian Group, Inc., for Mustard Seed Christian Fellowship, property owners of record. This item was deferred from the February Planning Commission meeting by request of the applicant.
Angino abstained.
Mr. Patterson introduced the item by describing the surrounding zonings and uses of the surrounding area. He explained that the O-1 zoning district would convert to CO (Office Commercial) with adoption of the new zoning code. This district would allow office, commercial, restaurant, fast food and retail sales among other uses.
Mr. Patterson explained that the Comprehensive Plan designated that commercial uses would not extend to this area. Staff recommended denial of the rezoning to O-1, since it would allow a variety of commercial/retail uses.
Staff explained in response to questioning that other developments had recently converted proposed office space to residential uses, seeming to indicate that office space was not in high demand. Mr. Patterson said the current zoning code allowed an option, the Planned Office Development, for strictly office uses. Staff did not recommend this option because the City was trying to move away from Planning Unit Developments.
Staff had received a letter expressing concern about traffic impacts, specifically at the intersection of Harvard & Wakarusa. It was clarified that the City Commission had directed a study of the entire Wakarusa corridor, but at this time no traffic control elements were planned.
Mike Keeney, Peridian Group, spoke on behalf of the applicant, saying the subject area was once on the outskirts of the City, but the rest of development had caught up and the church wanted to move farther into the rural area.
Mr. Keeney said buyers were interested in the subject property for office uses because of its location. He added that approving the rezoning would allow the church to maximize property value and provide a use with a higher tax base for the good of the community.
It was verified that POD zoning was not an available option through use of the Lesser Change Table.
Pastor Williams said the church was not intent on moving, but was looking at the possibility and would like to make the property marketable. He said the church had pursued office zoning based on their understanding of a statement by Staff that this may provide a transition between the multi-family and commercial uses.
Pastor Williams explained that the church had activities going on during day and evening hours, every day of the week, so an office use would not make a substantial impact to the existing traffic situation.
No member of the public spoke on this issue.
Mr. Keeney asked to address the traffic concerns raised earlier. He pointed out that the traffic generated by multi-family uses (as currently zoned) would be similar to that generated by an office use.
Staff had no closing comments.
COMMISSION DISCUSSION
It was verified there was no intention to develop the subject property according to its current multi-family zoning.
The Commission discussed with Staff that the new regulations did not have an office-only zoning district and the current POD zoning category did allow limited types of commercial uses.
Mr. Keeney responded to questioning that the applicant had discussed a larger office request but had gotten a negative response from Staff.
The Commission generally agreed that they did not want commercial uses allowed on the subject property.
Motioned by Burress, seconded by Erickson to deny the rezoning request.
The Commission discussed conditioning the zoning to allow no commercial uses. Ms. Finger said new information had recently come to light regarding the Commission’s ability to condition zoning. However, Staff’s understanding of these regulations was incomplete and Ms. Finger was not able to recommend a specific condition at this time.
There was discussion about wording a condition to allow Legal Staff to write specific language. Another suggestion was to table or defer the item to allow Staff to draft language with legal Staff assistance.
Mr. Keeney said the request was not urgent and asked if the applicant could return with a revised request in one month. It was suggested that that the restriction of uses would constitute a significant change to allow a successive petition to be submitted earlier than 12 months.
The Commission advised the applicant that, if a POD request were submitted, it would need to be accompanied by a development plan. Burress said he would also need to see data showing either a demand for office space or evidence that this property was so small that it did not make a significant difference.
The motion on the floor (for denial) was withdrawn with unanimous consent.
Motioned by Burress, seconded by Ermeling to defer the item to the June 2005 agenda meeting.
Motion carried 9-0-1, with Angino abstaining.
ATTACHMENT “B”
PC meeting 06/20/05
MISC. ITEM NO. 1: OLD BUSINESS
Z-12-55-04: A request to rezone a tract of land approximately 2.69 acres from RM-1 (Multiple-Family Residential) District to O-1 (Office) District. The property is generally described as being located east of Wakarusa Drive and north of Harvard Road. Submitted by Peridian Group, Inc., for Mustard Seed Christian Fellowship, property owners of record. This item was deferred from the April Planning Commission meeting.
Misc. Item 1 was deferred prior to the meeting.
ATTACHMENT “C” USE GROUPS PERMITTED IN POD-1 (Planned Office Development) District
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 Lawrence,
State or National Registers of Historic Places or included in the
Lawrence or National Register of Historic Districts
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
Communication Towers
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 8. TEMPORARY USES
(a) Uses of a non-residential nature which need to be located in residential areas on a temporary basis.
(b) Uses of a commercial nature which are temporary and where in duration, traffic generation, or intensity, are allowable in residential neighborhoods or as accessory commercial uses to established commercial operations.
1. Temporary Uses - Non-residential Nature
Automobile parking lot, for special event
Batching plant, asphaltic or Portland cement, concrete, non-commercial
Construction building and/or yard
Earth moving and excavation; depositing construction materials, clay,
earth, gravel, minerals, rock, sand or stone on the ground
Off-street parking and loading
Tract office
All other temporary 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.
2. Temporary Uses - Commercial Nature
Special Events
Temporary outdoor sales area as an accessory use to an established
commercial operation
Licensed transient merchant's temporary structures as defined in Chapter
6, Article 8, of the City Code.
(Ord. 6698)
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) Surgery Center
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 9A. LIMITED SERVICES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.
1. Bank, savings & loan, and trust company
Dry cleaning outlet store
Freestanding automated banking or dispensing facility
Funeral home, mortuary or undertaking establishment
Laboratory, medical or dental
Loan office
Personnel services
Photographic studio
Post Office branch facility
Professional cleaning services
Radio and television studio
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
Studio for professional work or for teaching of
any form of fine arts i.e. photograph, music,
dancing, drama, etc.
Telephone answering service
2. Accessory Uses