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PLANNING COMMISSION REPORT SUMMARY Regular Agenda -Public Hearing Item
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PDP-01-01-06: Preliminary Development Plan for Lake Pointe PCD. This proposed planned commercial development contains approximately 4.72 acres and proposes retail and office use. The property is generally described as being located at the northwest corner of Clinton Parkway and Lake Pointe Drive. Submitted by Peridian Group for Bristol Groupe and Central National Bank, property owners of record.
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STAFF RECOMMENDATION: Planning staff recommends approval of the Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Execution of an agreement not to protest the formation of a benefit district for Lake Pointe View Drive or Clinton Parkway improvements (to be executed by all property owners within the PCD). 2. A provision added on the face of the preliminary development plan that all property owners of all properties waive their right to approve or disapprove any alterations or modifications to the preliminary development plan per Section 20-1011(f) of the City Code, if that is the intent of the applicants. 3. Note added to the phasing schedule on the plan that both detention basins will be constructed with Phase I of the development. 4. Note added to the plan which identifies responsibility for maintaining the open areas. 5. Provision of a revised Preliminary Development Plan to: . Correct required parking citations to reference parking requirements of a PCD. . Provide pedestrian access to neighborhood to the west and the walkway along Clinton Parkway to the south. . Provide a partially transparent fence along Clinton Parkway and near the west property line of Lot 1, to enhance the aesthetics along Clinton Parkway and to integrate the development with the surrounding area. . Relocate the overhead door for the service bay area to the southeast corner of the building to provide adequate and safe circulation pattern for boat traffic into the boat dealer. . Place a note on the face of the plan that states that the overhead door in the northwest corner of the building is limited to showroom deliveries only and deliveries to this door are restricted to non-business hours.
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Reason for Request: |
Proposed commercial development
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KEY POINTS · This property was platted as 2 lots. It will be replatted as 3 lots with the Final Development Plan/Final Plat. · Property had been zoned for commercial uses when in the unincorporated portion of Douglas County and was rezoned to Planned Commercial Development after annexation into the City. | |
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FACTORS TO CONSIDER · Compliance with Zoning Code and related area plans. · Two waivers are being requested for this proposed development from Section 20-1008(d)(2) which requires a 30 peripheral boundary: · Lot 3; a 6 encroachment into the peripheral boundary setback for an access drive. · Lot 2; a 5 encroachment into the peripheral boundary setback for the parking area.
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Future submission of a Final Development Plan and approval required · Future submission of a Final Plat and approval and recording required. · Public Improvement Plans submission and approval required. · Previous Rezonings: · Z-12-48-03: B3 to C-5, 11.55 acres · Z-12-49-03: B3 to RM-3, 18.93 acres · Z-12-50-03: B3 to RM-1, 20.16 acres · Z-02-06-04: B3 to PCD-2, 11.55 acres
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · None received.
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General information |
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Current Zoning and Land Use: |
PCD-2 (Planned Commercial) District; undeveloped. |
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Surrounding Zoning:
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RM-2 (Multi-family Residence) District to the west; Currently vacant. Single family homes are in the planning stage at this location.
RM-1 (Multi-family Residence) District to the north and east; multi-family residences under construction.
A (Agricultural) District to the south; Property owned by the U.S. Government and the Army Corps of Engineers; open space and parkland. |
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Site Summary |
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Phase |
Lot Area |
Building |
Building |
Open Space |
Parking Summary | ||
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Required |
Provided |
Required |
Provided | ||||
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1 |
Lot 1 54,734 SF |
Boat Dealer |
12,000 |
10,946 SF |
8,744 SF |
20 |
8 |
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2 |
Lot 2 75,715 SF |
Retail and office |
22,300 |
15,143 SF |
19,425 SF |
96 |
96 |
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3 |
Lot 3 75,355 SF |
Bank |
3,450 |
15,071 SF |
44,275 SF |
12 |
27 |
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Total |
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37,750 |
41,160 SF |
113,604 SF |
128 |
131 |
Development History: Lake Pointe PCD
The property has been zoned for County commercial uses since 1977 as B-3 (Limited Business) District. It was annexed in May of 2004 with a condition that it be rezoned to a compatible City classification. The property was rezoned to a PCD-2 (Planned Commercial) District in April of 2004 as part of a combined request that also included multi-family zoning to the north and west. The property was platted as part of the Lake View Addition No.2 in September of 2005.
The property is generally located on the northwest corner of the Clinton Parkway and Lake Pointe Drive intersection. Access to the lots is taken from Lake Pointe Drive and is prohibited from Clinton Parkway. The property is surrounded on the west, north and east by property zoned for multi-family residential uses. The proposed commercial nature of the project has been designed to provide screening to the abutting residential development. To the south, across Clinton Parkway, is open space which is owned by the US Government and the Army Corps of Engineers.
The proposed Preliminary Development Plan for Lake Pointe PCD has been evaluated based upon findings of fact and conclusions per Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence, requiring the consideration of nine items:
1) In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.
The subject property is within an area designated in Horizon 2020 as a potential location for a new Neighborhood Commercial Center. The proposed development is designed to provide land use transition from the commercial area to the abutting residential area to the west.
The Comprehensive Plan lists several design guidelines and Neighborhood Commercial Center criteria including: buildings shall be located adjacent to the public rights-of-way and parking located toward the interior of the development, Neighborhood Commercial Centers shall be located at arterial/collector street intersections and commercial uses must be limited to one corner of the intersection.
In addition, the proposed development is within the boundary of the Western Development Plan, the Clinton Reservoir Mini-Comprehensive Plan and the South Lawrence Trafficway Corridor Land Use Plan. The Clinton Reservoir Area Mini-Comprehensive Plan specifically recommended that this site be developed as a minor commercial center (4 to 10 acres). The South Lawrence Trafficway Corridor Land Use Plan states that this intersection should be developed as a planned commercial development.
Staff Finding The proposed development complies with the general land use provisions found in Horizon 2020, Western Development Plan, South Lawrence Trafficway Corridor Land Use Plan and the Clinton Reservoir Area Mini-Comprehensive Plan with regard to commercial land use, and integration of development with the surrounding area. It does not comply with Horizon 2020 in a few regards. The development area length/width ratio is higher than recommended by the Plan. The arrangement of the buildings and parking is confined by the shallowness of the property. A nodal plan has not been prepared for this area. However, a nodal plan is not necessary for this area since the rezoning to PCD-2 was initiated by the Planning Commission and pre-dates the commercial chapter of the Code, as it stands today.
2) In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development. (The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance]
The proposed development will be served by existing utilities. Any utilities that must be provided will be installed with private financing. The building layout accommodates the shallow shape of the property to utilize the site efficiently. Open space has been coupled with stormwater management to create aesthetically pleasing focal points. Efficient vehicular circulation is provided on site, and access to the neighboring area is taken from the adjacent collector street. Access is prohibited from the adjacent major arterial street.
The placement of the building on Lot 1 may impede traffic flow due to the need to back boat trailers into the garage door entrance. This overhead door must be shown on the plan. An alternative may be possible, but the sites shape restrictions and the layout of the building limit the possibilities. Staff would prefer that the overhead door be located along the southeast corner of the building. This would place the vehicle backing into the garage door out of the main traffic circulation pattern or parking area.
Pedestrian circulation is present but should be more defined and direct. Pedestrian access must be provided to the walkway along Clinton Parkway and to the residential development to the west. There are no historic or natural features within the boundary of the proposed development that are adversely affected.
Staff Finding The proposed Preliminary Development Plan is consistent with the Statement of Objectives of Planned Unit Development with the exception of pedestrian circulation features as listed in Objective (3) concerning pedestrian access and circulation. If approved, Staff recommends revisions to the plan to increase pedestrian access to and from neighboring areas (neighborhood to the west and Clinton Parkway to the south) and pedestrian circulation within the site.
3) The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.
Open space is provided in the detention basins, the drainage swale, along pedestrian walkways and within the peripheral boundary. A note must be provided on the plan which identifies the responsibility for maintaining the open space.
Staff Finding The proposed Preliminary Development Plan exceeds the required open space by 23%. A total of 43% of the total lot area is dedicated to open space for this PCD. The plan must note the party responsible for the maintenance of the open space.
4) Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
The building on Lot 1 is has an overhead door entry. Parking is not planned in the paved area to the north of the building to facilitate backing boat trailers into the building. There is some concern that this may impede traffic flow in this area.
Staff Finding The proposed Preliminary Development Plan provides vehicular circulation with some interruption to the circulation due to building layout. The design of the buildings and the use of detention basins as focal points furthers the amenity of visual enjoyment along Lake Pointe Drive, but does not address the intersection of Lake Pointe Drive and Clinton Parkway or along Clinton Parkway to any strong degree.
5) Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.
The buildings are oriented to front on Lake Pointe Drive with their backs toward Clinton Parkway. Clinton Parkway is a major arterial street and an identified community corridor/gateway. The Preliminary Development Plan shows a 6 tall wood fence with masonry columns along the property line next to the Parkway. There is concern that this is not a suitable treatment for land adjacent to a parkway. The fence is being used to buffer the loading areas and provide security. A partially open fence would be more acceptable for this area, to allow some visibility into the area while still providing security and screening. Adequate landscaping along Clinton Parkway must be provided as well. The fence and landscaping on the west property line must be of such a nature as to buffer the property from the abutting residential area without separating it from it. A partially open fence may be more acceptable in this area as well. The least intensive use is located next to the residential property.
Staff Finding Appropriate, visually pleasing landscaping must be provided as a buffer along Clinton Parkway and the portion of Lot 1 abutting the residential area. A partially open fence style would be preferable, allowing some visibility into the site, along with a landscaped space.
6) In what respects the plan is or is not in conformance with the development standards and criteria of this article. [The general standards are found in Section 20-1006 and Preliminary Development Plan requirements are listed in Section 20-1010]
Section 20-1008(f) of the City Code requires 1 parking space for each 200 square feet of floor area of commercial use, unless a reduction is approved by the planning commission as a part of the plan. Section 20-1209 requires all off-street parking spaces to be located on the same lot as the use served. The proposed building on Lot 1 will have 12,000 square feet; 4,000 of which will be floor area. The off street parking requirement for Lot 1 is 20 spaces. 9 have been provided with this plan.
Section 20-1008 requires a periphery boundary of 30, a front yard setback of 15, side yard setbacks of 20 for detached or semi-detached buildings, and a rear yard setback of 35. The trash dumpster for Lot 1 is located within the peripheral boundary and must be relocated. The parking area on Lot 2 and accessway on Lot 3 encroach on the peripheral boundary setback, and variances are requested as a part of this plan.
Staff Finding The proposed preliminary development plan complies with the general standards in the Zoning Ordinance with some exceptions. The plan does not provide the required number of off-street parking spaces for Lot 1. The plan must be revised to provide the additional parking, or a variance must be obtained. The trash dumpster for Lot 1 is located in the side setback and must be relocated. The Plan does not show the platted easements between the lots. All building entryways must be shown on the plan and any overhead doors must be marked. Parking areas encroach into the peripheral boundary in 2 areas and variances are requested.
7) In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development. [This finding refers to Section 20-1005 of the Zoning Ordinance.]
Staff Finding Staff has reviewed the Preliminary Development Plan with regard to the requirements for a General Planned Unit Development, Planned Commercial Development, and Preliminary Plat Review. It is in compliance with most of the requirements and the items that must be changed have been referred to the applicant.
8) The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan that proposes development over a period of years.
This will be a phased development. Construction on Phase I will begin in May of 2006, Phase II in May of 2007 and Phase III in May of 2008. Grading for the proposed development will be required to form the drainage swale and detention basins and will alter the existing topography of the property. Staff recommends drainage and detention areas be completed in Phase 1 to establish vegetation and reduce site disruption.
Staff Finding - City Code requires that all detention basins in a phased project be constructed in the first phase of construction. The plan must have a note added that the swale and detention basins will be constructed in Phase I.
9) Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.
The Preliminary Plat for this property stated that drainage studies would be required when the individual lots were developed. Two detention basins are being provided along with a drainage swale.
Staff Finding- The drainage study has been provided to the City Engineer for review.
Staff Review and Conclusion
The proposed Preliminary Development Plan conforms to the anticipated land use for this area as stated in the Comprehensive Plan and several area plans. Development of the site will be phased through 3 years. A general schedule has been provided for construction by phase. Staff recommends this element be revised to also show drive circulation and construction of detention ponds in Phase I.
The PCD-2 (Planned Commercial District) allows a wide range of land uses. The zoning was approved without a restriction on land uses or specific use groups. The proposed development shows a specific use for a bank (Phase III) mixed retail stores (Phase II) and a boat dealer (Phase I). Depending on the scope of any Final Development Plan that substantially varies from the Preliminary Development Plan, a new or revised Preliminary Plan may be required. There is no note on the face of the Preliminary Development Plan per Section 20-1011(f) of the City Code that states that individual owners waive the right to protest a change to the development plan. Therefore all property owners within the development must be party to any application that modifies or changes the development plan unless this note is added as part of the process.