Mayor and Commissioners:

It has come to our attention that the Planning Commission did not really look at all the concerns about this project stated in the staff reports. The idea of TND/”New Urbanism” projects are something we want to achieve in Lawrence. The surrounding neighborhoods are very happy to have the Community Theater and they would love to see some kind of project, which fit the code and future codes, that would allow for the Community Theater to build here. LAN would like to see the Planning Commission recommendations for Champion Lane to connect to Overland and the Hotel/Convention Center removal from the use groups be accepted.

Traffic has always been the biggest concern of the surrounding neighborhoods and after reading the staff reports the removal of restrictions to the PCD-2 “…which would allow for a greater traffic generation, would increase the potential traffic generation by this property” has not been addressed. Below are staff report findings and quotes from Planning Commission minutes and correspondence. I have tried to pick those items that seem to be the Planning Staff concerns, based on the staff reports, as well as the surrounding neighborhoods concerns.

Staff recommended denial of Item 7C, which requested to expand the allowed uses in the current PCD-2 zoning. Staff offered an alternate recommendation for a limited expansion of allowed uses to include some of the less traffic-intensive uses proposed by the applicant. There was specific concern about the number of drive-thru uses proposed.

Staff identified a number of waivers needed to accommodate the development plan (Item 7D) as proposed:

Waiver from the Subdivision Regulations to allow creation of building lots with less than 4000 square feet. Staff could support this waiver, including the row house portion of the plan where dwelling units might be sold individually.
Waiver from the Subdivision Regulations to reduce internal peripheral boundaries between uses. Staff could support this waiver because the internal boundaries served no purpose.
Waiver from the Subdivision Regulations to reduce outer peripheral boundaries. Staff opposed this waiver because other developments had been required to provide this buffer between themselves and adjacent uses. If this waiver were approve Staff cautioned the Commission to pay close attention to streetscape amenities and the location of common open space.
Waiver from the Subdivision Regulations to reduce residential setbacks. Staff supported this waiver with the understanding that additional building codes would come into play.
Waiver from the Subdivision Regulations to reduce commercial setbacks. Staff supported this waiver, provided appropriate peripheral boundaries were matched.

One variance was also identified, which was not within the Planning Commission’s purview. The variance to reduce/eliminate the 50’ building and parking lot setback along W. 6^th Street would have to be approved by the Board of Zoning Appeals or a Text Amendment must be initiated and adopted to remove this requirement for all developments.

Mr. Patterson said Staff had no objection to the requested exception for off-set streets, but more information was needed about the impact of residential alleys on emergency and utility access.

Mr. Patterson said Staff recommended denial of the preliminary development plan for several reasons:

The proposed development plan contains more commercial retail uses than allowed by the approved nodal plan.
A number of issues remain about streets, traffic and access.
The wastewater capacity matter needs further study.
Additional information is needed about the provision of open space and other elements.
A significant number of waivers would be needed to permit the plan as proposed.
Tandem parking is shown on the development plan. This type of parking has been allowed in developments in the past, but each tandem space counts only as one space toward the parking requirement.
Changes recommended by Staff would require an entirely new development plan design, making the current design moot.

From the Staff Report of Item No. 7C

Appropriateness of modifying the restrictions placed on this PCD-2 (Planned Residential Development) Designation.

The PCD-2 (Planned Commercial Development) District with permitted uses as indicated per Ordinance No. 7756 would still be appropriate for this property. However, as part of the Bauer Farm PUD, the applicant is proposing to use the PCD-2 portions of the property for more intense traffic generating uses including five eating establishments with drive-thru services, two banks with drive-thru services, automotive servicing with a pull thru, and a hotel/convention center.

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

Applicant’s Response, “No detriment to nearby property will occur. This will present a new type of development (New Urbanism) to the Lawrence community.”

Staff Finding - Removal of the existing PCD-2 restriction and rezoning to PCD-2 with modified restrictions which would allow for a greater traffic generation, would increase the potential traffic generation by this property. A revised traffic study that includes the proposed uses would quantify the amount of traffic that the proposed new uses would attract.

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

Applicant’s Response, “No gain to the public will result by denial of the subject request, and no hardship will result by approval.”

Evaluation of this criterion weighs the benefits to the community-at-large versus the benefits to the owners of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public's health, safety and welfare.

Typically, property within the city limits that is zoned for commercial uses has a higher value than property zoned for residential use. Rezoning the subject property from PCD-2 to PCD-2 with additional permitted uses will better facilitate the development of the subject property within the context of the proposed Bauer Farm Planned Unit Development.

The existing restriction that no building permit be issued until W. 6^th Street Project is substantially completed was previously required to ensure that the necessary road infrastructure will be in place to handle the amount of traffic that was to be generated by the subject property. Approval of the requested permitted uses will result in an increase in future traffic at a higher rate than what was anticipated with Ordinance No. 7756.

Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner, but would facilitate the potential for a more successful project for the developer. A change in permitted uses of higher traffic generators, will result in an increase in the future traffic near this location, and along W. 6^th Street.

Require a Market Impact Analysis (6-36 & 37)

The applicant has provided a Market Impact Study for this project. The market study indicates the commercial project can be absorbed into the community within three years from completion, and that it would not result in a community wide retail vacancy rate of greater than eight percent.

The Area East of Wakarusa Drive

The area located east of Wakarusa Drive (the northeast corner of the West 6^th Street/Wakarusa Drive intersection) is recommended as most appropriate for commercial development of a non-retail focus. As three (3) corners of this intersection are likely to develop as retail centers, it is recommended the remaining corner incorporate less-intensive commercial development. This corner is in closest proximity to the high school complex and indoor aquatic center to the north and adjacent residential neighborhoods to the northeast. It is recommended the existing A, Agricultural, zoning designation be rezoned to PCD-2 with restrictions. The restriction being that the development of this corner of the intersection incorporate some kind of recreational commercial use, mixed-use office-residential activity, public or semi-public/institutional use, or other such use or activity that can be demonstrated as having a less intensive impact on traffic patterns and surrounding land use activities and neighborhoods. It is also recommended that up to 62,000 gross square feet would be permissible for retail commercial use if planned as part of an overall development plan incorporating a mix of uses that are designed to be pedestrian-friendly.

Staff Finding – To be in conformance with the comprehensive and area plan, the rezoning of this portion of the property needs to have restrictions consistent with a less intensive commercial development. The permitted uses being that the development of this corner of the intersection incorporate some kind of recreational commercial use, mixed-use office-residential activity, public or semi-public/institutional use, or other such use or activity that can be demonstrated as having a less intensive impact on traffic patterns and surrounding land use activities and neighborhoods. The adopted plan for the area (An Area Plan for the Intersection Area of W. 6^th Street and Wakarusa Drive) places limitations on the amount and recommended location of commercial space.

The rezoning request should be contingent upon the approval of a Preliminary Development Plan and filing of a Final Plat. The same zoning use restrictions that have or will be placed on this portion of the PCD-2 area should also be required on the proposed adjacent PCD-2 rezoning [Z-3-17-05].

Item 7B

The Bauer Farm PUD proposes a community theater, restaurant with a drive-thru, and bank building with four drive-thru lanes on the requested rezoning area. The community theater could be allowed in residential zoning subject to an approved Use Permitted upon Review. Staff directed the applicant to include the community theater in the PCD-2 rezoning, to provide for potential ancillary uses associated with the community theater in the future. Staff is concerned with the increase in traffic generation by the proposed use of drive-thru facilities which were restricted from the prior commercial rezoning PCD-2 portion of Bauer Farm.

The Area West of Folks Road

The area located west of Folks Road (the northwest corner of the West 6^th Street/Folks Road intersection) is recommended as most appropriate for medium- to high- density residential development. This area could also serve well as a mixed office-residential development or public/semi-public/institutional use. It is recommended no commercial, retail or otherwise, be located at this intersection as such activity would disrupt the residential character and feel of adjacent land use activities and residential neighborhoods. Commercial activity at this intersection would also expand the commercial center at West 6^th Street and Wakarusa Drive from a center into a strip development, which is in conflict with the goals and policies of Horizon 2020 and the Northwest Plan. It is recommended the existing A, Agricultural, zoning designation be rezoned to PRD-2 with the intent of encouraging a mixed-use office-residential development that would be complimentary to existing and future developments and neighborhoods.

Minutes

Burress thought that there shouldn’t be any commercial here at all, and that the applicant should not get any more than the already compromised 62,000 square feet. He also did not see the kind of walkability that he had hoped for, and he is concerned about having front steps so close to 6^th Street

The applicant noted that 6^th Street and Kentucky is the highest traffic count in town, and houses front those streets.

Note: The speeds along Kentucky and 6^th are 30 and 35 and the streets are narrower and more trees along them. Studies have shown that these slow traffic.

Ermeling expressed concern that the New Urbanism concept was lost in the transition between residential and commercial sections of the development. She said the proposal had elements of New Urbanism but was not a true example of this development concept. She asked if there were elements that could be redesigned to form a more textbook example of New Urbanism. The applicant said many true New Urbanism elements could not be applied in this development because of retail limitations and the property’s location along an arterial. New Urbanism designs were also limited by the City Code, which was not written to accommodate this new planning style.

Note: It is agreed that this is not a New Urbanism Design, by the Planning Commission as well as the applicant.

Letter from the League of Women Voters

Concerns about the Plan design.

The Plan should not vacate Champion Lane. Vacation of Champion Lane would prevent public transit from entering the interior of the development, defeating one of the purposes of mixed-use development, which is to provide easy accessibility to bus service. The staff has included additional reasons for not vacating Champion Lane. Driveway accesses should not be granted onto 6th Street and would be unnecessary if a frontage road were to give access to the project from Champion Lane.

Note: the surrounding Neighborhoods agree.

Thank you for your time as always:

Gwendolyn Klingenberg

Lawrence Association of Neighborhoods - President