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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
PC Staff Report
10/24/05
ITEM NO 7B: PRD-2 TO PCD-2; 8.23 ACRES; NORTHEAST CORNER OF W. 6TH STREET & WAKARUSA DRIVE (PGP)
Z-03-17-05: A request to rezone a tract of land approximately 8.23 acres from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial 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.
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STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 8.23 acres from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial 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:
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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 (New Urbanism). |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CONFORMANCE WITH THE COMPREHENSIVE PLAN · To be in conformance with the comprehensive and area plan, the rezoning of this portion of the property needs to have restrictions consistent with the adjacent PCD-2 area.
RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE · The rezoning will not destroy the value of the subject property or impose a hardship on the landowner or the general public. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING Copy of Planning Commission minutes of April 27, 2005 is located at 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: RS-1 (Single-Family Residential) District to the north; Existing across Overland Drive – Free State High School.
PRD-2 (Planned Residential Development) District to the east; Undeveloped used for agricultural crop production.
PCD-2 (Planned Commercial Development) District to the south; Across W. 6th Street, existing commercial retail.
PCD-2 (Planned Commercial Development) District to the west; Undeveloped used for agricultural crop production.
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 north of W. 6th Street, east of the Champion Lane right-of-way. The property is bounded by Overland Drive to the north, West 6th Street to the south, Champion Lane (right-of-way) to the west, and PRD-2 undeveloped property to the east. 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 east and west, to commercial and office development to the south. Public and institutional uses are located to the north and northwest of the property. Multiple-family residential is located to the north and northeast of the property.
Zoning patterns around the property include RS-1 to the north; PRD-2 to the east; PCD-2 to the south and southwest; and PCD-2 (Z-06-19-03) with restrictions to the west.
II. CHARACTER OF THE NEIGHBORHOOD
The subject property is within the City limits. Located across Overland Drive to the north and northwest is the Free State High School complex. The requested rezoning is within the 43 acre Bauer Farm Planned Unit Development, which is being heard in conjunction with this application.
Located to the south and southwest across West 6th Street is a variety of commercial and office uses including a bank, fast food restaurant, auto service center, video rental store, supermarket, and a shopping center offering a variety of goods and services. The area to the west across Champion Lane (right-of-way) is currently cultivated cropland and was approved in 2003 to PCD-2 with restrictions.
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 use these 8.23 acres for community theater, bank, and restaurant uses.
The rezoning request seeks to place a PCD-2 (Planned Residential 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 major arterial, W. 6th Street. The request would continue the adjoining PCD-2 zoning to the west onto this portion of the property.
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.
Staff Finding - In staff’s opinion, the property is suitable to either the existing PRD-2 or to a proposed PCD-2 designation, subject to restrictions which would be the same as the adjoining PCD-2 District within Bauer Farm. The PCD-2 designation is a better fit for the functions of the proposed community theater.
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 PCD-2 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 commercial uses has a higher value than property zoned for residential use. Rezoning the subject property from PRD-2 to PCD-2 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
An evaluation of the conformance of this rezoning request with the City’s Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020 and upon the approved W. 6th Street and Wakarusa Drive Nodal Plan. The following are reference sections of Horizon 2020:
Chapter 6 Commercial Land Use
Community Commercial Center (under 200,000 commercial gross square footage): CC200 (Chapter 6 – Page 6)
West 6th Street and Wakarusa Drive (6-15 & 16)
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.
Criteria for Community Commercial Centers (under 200,000 square feet) (6-32)
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.
AREA PLAN - W. 6th/WAKARUSA DRIVE
The following is an except from An Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive, (page 19)
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 – To be in conformance with the comprehensive and area plan, the rezoning of this portion of the property needs to have restrictions consistent with the adjacent PCD-2 area.
The adopted plan for the area (An Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive) places limitations on the amount and recommended location of commercial space. The proposed mixed residential/commercial aspect of the Bauer Farm Development Plan provides a tradeoff for allowing some commercial use on the east side of Champion Lane.
STAFF REVIEW
The adopted plan for the area uses Champion Lane right-of-way as a stopping point for the commercial zoning and as a separation between the recommended residential and commercial uses for this undeveloped area. The area plan did not envision or take into account a New Urbanism, mixed-use commercial/office/residential, approach to this property.
The mixed-use commercial/residential nature of the west half of the development plan and the proposed community theater use (which is allowed in residential subject to an approved Use Permit upon Review) would provide some justification for the expansion of mixed-use commercial/office/residential into the previously zoned Planned Residential Development area on the east side of Champion Lane.
This rezoning request has been submitted in conjunction with the Bauer Farm Planned Unit Development. Attention needs to be taken in the design and approval of the development plan, to ensure that the W. 6th Street/Wakarusa Drive Commercial Center does not become, nor have the appearance of, a commercial strip along W. 6th Street.
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 the adjacent PCD-2 area should also be required for this proposed PCD-2 rezoning. A copy of the prior PCD-2 rezoning, Ordinance No. 7756, is attached. The existing PCD-2 restrictions require that building permits can not be issued until the W. 6th Street Project is substantially completed, no one building shall be larger than 50,000 gross square feet, and that there will be no more than 62,000 gross square feet of retail commercial space for the northeast corner of W. 6th Street/Wakarusa Drive.
Attachment “A” Ordinance No. 7756.