|
PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
PC Staff Report
10/24/05
ITEM NO 7A: PRD-2 TO POD-1; 2.59 ACRES; NORTHEAST CORNER OF W. 6TH STREET & WAKARUSA DRIVE (PGP)
Z-03-16-05: A request to rezone a tract of land approximately 2.59 acres from PRD-2 (Planned Residential Development) District to POD-1 (Planned Office Development) District. The property is generally described as being located north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm). Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.
On April 27, 2005, this item was heard by the Planning Commission and tabled for four months. A copy of the April Planning Commission minutes is included with item 7D, attachment “C” (pages 7D – 26 thru 35).
This Item was deferred from the August/September meetings to the October Planning Commission Meeting to allow Commissioners and the public to hear a presentation on New Urbanism and to meet to allow the applicant to present development philosophy of the project to the Planning Commission. On October 12, the Planning Commission held a mid-month study session with the developer where the requested waivers and philosophy of the project were reviewed.
|
STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 2.59 acres from PRD-2 (Planned Residential Development) District to POD-1 (Planned Office Development) District and forwarding to the City Commission a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
|
|
Applicant’s Reason for Request: |
The proposed multi-use site of offices, residences and commercial sites will allow the development of a key parcel of land to offer a unique environment in the Lawrence community (Smart Growth/New Urbanism). |
|
KEY POINTS
|
|
|
GOLDEN FACTORS TO CONSIDER CONFORMANCE WITH THE COMPREHENSIVE PLAN
RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE
|
|
ASSOCIATED CASES/FUTURE ACTION REQUIRED
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING Copy of Planning Commission minutes of April 27, 2005 are located as Item 7D Attachment “C”. |
GENERAL INFORMATION
Current Zoning and Land Use: PRD-2 (Planned Residential Zoning District); Undeveloped, unplatted, with no previously approved planned unit development on the property.
Surrounding Zoning and Land Use: PRD-2 (Planned Residential Development) District to the north and west; Undeveloped used for agricultural crop production.
RO-1B (Residence-Office) District to the east; Across Folks Road existing bank.
O-1 and pending O-1 (Office) District to the south; Across W. 6th Street, new medical office building under construction and undeveloped parcel.
Reason for Request: Applicant’s Response -“The proposed multi-use site of offices, residences and commercial sites will allow the development of a key parcel of land to offer a unique environment in the Lawrence community (New Urbanism).”
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The subject property is located at the northwest corner of W. 6th Street and Folks Road. The site is within the incorporated city limits of the City of Lawrence.
There is a wide variety of land uses and zoning patterns surrounding the subject property. Development patterns around the property occurs in various stages ranging from undeveloped lands with cultivated cropland to the north and west, to office development to the east and south. Public, institutional, and residential uses are located farther to the north and northwest of the property.
Zoning patterns around the property include PRD-2 (Planned Residential) District to the north and west; RO-1B (Residence-Office) District to the east; and O-1 (Office) District to the south.
II. CHARACTER OF THE NEIGHBORHOOD
The subject property is within the City limits. Free State High School complex is located across Overland Drive to the north and northwest. The requested rezoning is within the 43 acre Bauer Farm Planned Unit Development, which is being considered in conjunction with this application.
Located in the vicinity is a variety of commercial and office uses including banks, medical office, fast food restaurant, auto service center, video rental store, supermarket, and a shopping center offering a variety of goods and services.
Staff Finding - The subject property is surrounded by a variety of uses at urban development intensity. These uses include, commercial, office, and public/institutional development. Those areas that do remain undeveloped are quickly developing or are planned to be developed in the near future.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response, “The property was previously suited to agricultural use, but is now surrounded by development.”
Appropriateness of continuing the PRD-2 (Planned Residential Development) Designation.
The PRD-2 (Planned Residential Development) District would still be appropriate for this property. However, as part of the Bauer Farm PUD, the applicant is proposing to develop the 2.59 acres as office use.
The rezoning request seeks to place a POD-1 (Planned Office District) zoning district where a PRD-2 (Planned Residential Development) District was previously approved. The property has yet to be developed from the existing agricultural crop production use. The property is surrounding by urban development and is adjacent to a principal arterial - W. 6th Street, and collector – Folks Road.
Staff Finding - In staff’s opinion, the property is suitable to either the existing PRD-2 or proposed POD-1 designation.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property was rezoned to PRD-2 in 2003. Prior to 2003, it had been zoned A (Agricultural) District since 1966. It was annexed into the City in 1995.
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 PRD-2 restriction and rezoning to POD-1 with restrictions, would not detrimentally affect 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
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 office uses has a higher value than property zoned for residential use. Rezoning the subject property from PRD-2 to POD-1 with restrictions will better facilitate the development of the subject property within the context of the proposed Bauer Farm Planned Unit Development and not place a hardship on the individual landowner.
The restriction that no building permit be issued until W. 6th Street Project is substantially completed will ensure that the necessary road infrastructure is in place to handle the amount of traffic that will be generated by the subject property. Tying the start of any building construction on the subject property to the substantial completion of W. 6th Street addresses public safety concerns by ensuring that the City street network will not be overburdened by new development that occurs at the intersection of W. 6th Street and Wakarusa Drive.
Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner or the general public.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County. An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan.
Horizon 2020 – Commercial , Page 6-1 Support downtown Lawrence as the Regional/
Commercial/Office/Cultural Center with associated residential uses through the careful analysis of the number, scale, and location of other mixed-use commercial/retail development in the community.
Page 6-4, Commercial Uses, For the purposes of this section of the Plan, the term “commercial” means retail businesses that sell goods and services on-site for which sales tax is collected. This definition does not include offices or similar uses.
Page 6-7, In order to facilitate the orderly development of future commercial nodes, Lawrence shall attempt to complete “nodal plans” for each future commercial center in advance of development proposals.
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 commercially 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 proposals 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.
AREA PLAN - W. 6th/WAKARUSA DRIVE
The following nodal plan information comes from AN AREA PLAN FOR THE INTERSECTION AREA OF WEST 6TH STREET & WAKARUSA DRIVE. The nodal plan was approved by the Lawrence City Commission on December 2, 2003.
The West 6th Street/Wakarusa Drive study area is anticipated to evolve into one of the more prominent commercial centers of the community. The Lawrence City Commission has directed City staff to ensure new development at this intersection area is appropriate for the surrounding neighborhoods and also within the context of the entire community. The City Commission has also directed City staff to ensure that new development is compatible with existing development located within and adjacent to the intersection area. Any development proposals for this intersection will come under close scrutiny to ensure this direction is abided by. The following land use recommendations regarding the development of the West 6th Street/Wakarusa Drive study area are based on the analysis of the above identified existing conditions and envisioned future of this intersection area. In addition to the recommendations below, it is recommended that no building permits be issued for the study area until the West 6th Street Improvement Project is substantially completed.
The Area West of Folks Road
The area located west of Folks Road (the northwest corner of the West 6th 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 6th 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.
Staff Finding - The rezoning to POD-1 would be in conformance with Horizon 2020 and the Area Plan for the Intersection of W. 6th Street and Wakarusa Drive. The Area Plan identifies mixed office-residential use for the area west of Folks Road.
STAFF REVIEW
The rezoning of the subject property is appropriate for an increasingly urbanizing area. The rezoning of the subject property to Planned Office Development is not likely to cause detrimental effects to surrounding neighborhoods or individual property owners.
The rezoning request of the subject property is in conformance with the City’s Comprehensive Plan and Area Plan for the intersection of West 6th Street and Wakarusa Drive. The Bauer Farm Preliminary Development Plan has been submitted in conjunction with this rezoning. The property has not been platted.
The rezoning request should be contingent upon the approval of a Preliminary Development Plan and filing of a Final Plat. The prior PRD-2 zoning condition for this area, “No building permit will be issued until the W. 6th Street Project is substantially completed” should also be required.