PLANNING COMMISSION REPORT SUMMARY

Regular Agenda -Public Hearing Item

 

PC Staff Report

01/25/06

ITEM NO 13:

PRELIMINARY DEVELOPMENT PLAN FOR NORTHGATE COMMERCIAL; SOUTH OF W. 6TH STREET BETWEEN GEORGE WILLIAMS WAY (EXTENDED) AND THE SOUTH LAWRENCE TRAFFICWAY/K10 (SLD)

 

PDP-09-08-05:  Revised Preliminary Development Plan for Northgate Commercial (aka: Diamondhead).  This proposed planned commercial development contains approximately 31.005 acres.  The property is generally described as being located south of W. 6th Street between George Williams Way (extended) and the South Lawrence Trafficway/K-10.  The plan proposes 198,714 gross square feet of commercial uses including a convenience store, drug store, bank, and five other retail buildings.  Submitted by Landplan Engineering, P.A., for Diamondhead Limited Partnership, property owner of record.

 

STAFF RECOMMENDATION: Planning staff recommends approval of the revised Preliminary Development Plan, PDP-09-08-05, Northgate PCD, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

1.      Approval and recording of a Final Plat prior to release of a Final Development Plan for issuance of any building permits for any portion of the proposed development;

2.      Execution of an agreement not to protest the formation of a benefit district for future street and intersection improvements for W. 6th Street, George Williams Way and Ken Ridge Drive;

3.      Execution of an agreement not to protest benefit district for traffic signals at W. 6th& George Williams Way

4.      Provision of a note on the face of the Preliminary Development Plan that states:

a.      “Geometric improvements for the intersection of W. 6th Street and George Williams Way shall be constructed with the initial phase of commercial development.”

5.      Provision of a revised Preliminary Development Plan to provide a phasing plan per plan per 20-1010(b) (13) that shows timing of improvements

 

 

Reason for Request:

Proposed commercial development.

KEY POINT

·         Property was rezoned to Planned Commercial Development subject to approval of a Preliminary Development Plan. The zoning approval did not include use or area restrictions.

·         Commercial development has been contemplated throughout the development review process for the area known as Diamondhead since the late 1990’s.

·         The subject property is platted as Lot 1 Block 1 Diamondhead Addition.

·         The Preliminary Development Plan acts as the Preliminary Plat for the property and shows six additional lot divisions.

·         The area is contained within the 6th and K-10 Highway Nodal Plan.

 

FACTORS TO CONSIDER

·         Compliance with Zoning Code and related area plans.

·         There are no waivers or variances identified for this proposed development.

·         The southwest boundary of the PCD is shown to be modified by a future rezoning application.

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-09-33-02; A to PCD-2 (Planned Commercial District) for 32.713 acres approved by the City Commission on 11/19/02 subject to conditions.

·         Adoption of the Nodal Plan for 6th Street and K-10 Highway 11/11/03.

·         Future rezoning application for southwest area (south side of Ken Ridge Drive).

·         Future submission of a Final Plat and approval and recording required.

·         Future submission of Final Development Plan and approval required.

·         Future submission Public improvement plan and approval required.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None received

 

General information

 

Current Zoning and Land Use:

PCD-2 (Planned Commercial Development) pending publication based on approval of a Preliminary Development Plan for the subject property; undeveloped.

 

Surrounding Zoning:

 

 

 

 

 

 

 

A (Agricultural) north side of W. 6th Street; undeveloped property [Mercado].

 

A (Agricultural) to the east; existing rural residence on the east side of George Williams Way [Colistar Property].

 

RM-1 (Residential Multi-Family), RO-2 (Residence-Office) and RM-2 (Residential Multi-Family) Districts to the south; undeveloped areas platted as The Cove and Diamondhead Addition subdivisions.

 

A (Agricultural) District to the west; K-10 Highway Right-of-way and unincorporated Douglas County.

 

Site Summary

 

Phase

Lot

Building

Building
(GSF)

Open Space

Parking  Summary

Required

Provided

Required

Provided

1

1

Lot 1

A (C-Store)

5,220

32,796

76,957

26

39

Lot 1

B (Retail) carwash

11,274

2

Lot 2

C (Bank)

3,354

12,463

28,121

12

18

3

Lot 3

D (Drug store)

12,908

14,223

9,107

45

45

4

Lot 4

E (Retail) grocery

60,200

51,012

45,077

211

213

5

5

5

5

5

5

5

5

5

Lot 5

F (Retail)

G (Retail)

H (Retail)

I (Retail)

J (Retail)

K (Retail)

L (Retail)

5,150

50,562

61,048

166

292

Lot 5

5,150

Lot 5

5,150

Lot 5

5,150

Lot 5

5,150

Lot 5

5,150

Lot 5

5,150

Lot 5 NE

M (Retail) pad site

5,610

Lot 5 NW

N (Retail) pad site

5,610

6

Lot 6

O (Retail)

57,530

109,063

263,178

201

343

Total

 

 

198,714

270,116

483,488

661

950

Per Horizon 2020 for a CC400

·          Community Commercial Centers range from 150,000 to 400,000 GSF

·          No one store shall occupy more than 175,000 GSF

·          The sum of the GSF for all stores between 100,000 and 175,000 shall not exceed 70% of the corner of the intersection [No space exceed 100,000 within proposed development]

 

 

Development History:

The subject property is annexed and was zoned in November 2002 to a Planned Commercial District [Z-09-33-02; A to PCD-2] subject to approval of a Preliminary Development Plan prior to actual publication of the ordinance effecting the map change. The property is platted as part of the Diamondhead Addition subdivision and is currently a single large lot. The development plan, while not previously considered by the Planning Commission, has been revised multiple times to address traffic and intensity concerns so that this “version” of the plan is the most current development proposal for the southeast corner of the 6th and K-10 Highway intersection. If approved, the proposed Preliminary Development Plan will serve as the base document for which all future revisions will be based and compared. The proposed Preliminary Development Plan is for a multi-phased commercial development located on the southwest corner of W. 6th Street and George Williams Way. The proposed commercial nature of the project has been designed to both integrate and provide transition to the abutting residential development to the south. It provides both vehicular and pedestrian connections throughout the development.

 

STAFF ANALYSIS

The subject property is located on the south side of W. 6th Street. It is bounded on the east by George Williams Way, a collector street, and K-10 Highway on the west. Ken Ridge Drive, a local street, abuts the south end of the property and physically separates the commercial and residential uses. Access is prohibited from K-10 Highway and W. 6th Street.

 

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 a designated commercial location per Horizon 2020 a community commercial center (CC400). The proposed development is intended to be nodal and designed to provide land use transition from the commercial area to the abutting less intensive areas to the south and east.

 

In addition the proposed development is within the boundary of the W. 6th Street and K-10 Highway Nodal Plan. The Nodal Plan reiterates the appropriateness of a community commercial development in this general location. The Nodal Plan supports uses including office and office research Park, Institutional and Public Land uses as they related to gateway entrances. The Nodal Plan states: “Another assess the nodal study area provides is the ability to develop commercial land uses that can have controlled access to city arterial or collector streets” (Page 20). The plan further states: “In the development of this nodal plan, these rezoning requests [for the northeast corner and the southeast corner] have been considered to ensure they meet the intent of Horizon 2020 and the Northwest Plan. Both requests meet the intent of the City’s long-range vision for the West 6th Street/K10- nodal study area, however, specific distribution of uses will need to be closely scrutinized to ensure they are appropriate and compatible land use activities both within the nodal study area and with the surrounding neighborhoods” (Page 22).  The Nodal Plan confirms the Community Commercial Center designation for the intersection and refers to limiting the intensity of commercial development to the definitions found in Horizon 2020 (Page 23).

 

Staff Finding - The proposed development complies with the general land use provisions found in both Horizon 2020 and the Nodal Plan with regard to commercial land use, limitation on intensity of use, and integration of land use with the surrounding area.

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]

 

Staff Finding – The proposed development plan has been designed to provide both vehicular and pedestrian connections to the abutting residential area to the south and includes access to the public streets to the north and east where connections to not otherwise conflict with other existing utility easements. The proposed development is consistent with planned utility and infrastructure improvements for the general area. There are no historic or natural features within the boundary of the proposed development that are adversely affected. 

 

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 found throughout the development. Common areas are provided along the pedestrian areas in the front of buildings and are carried forward throughout the development. Open space varies by phase throughout the development and with the exception of Phase III all exceed 20% of the “lot area”.  Phase III (Building D, Drug Store) appears to provides less than 20% open space for that lot. Additional consideration for this phases’ development must be reviewed as part of the Final Development Plan. Overall open space is accommodated for the development as a whole.

 

Staff Finding –The proposed Preliminary Development Plan exceeds the required open space by 15%. A total of 35% of the total lot area is dedicated to open space for this PCD.

 

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.

 

Staff Finding – A significant issue related to this development is the timing of various improvements for the intersection of W. 6th Street and George Williams Way. The proposed Preliminary Development Plan shows that street and intersection improvements are to be phased with the development of the commercial buildings. The policy decision that must be addressed as part of this consideration is -- to what degree must street and intersection improvements be completed as a condition of approval. The interior of the development provides adequate circulation and parking for the proposed uses as a total development and by phase.

 

City staff recommends that all geometric improvements be provided as part of the initial development. This will reduce the impact of multiple intersection construction projects on the surrounding area and access to the site.

 

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.

 

Staff Finding – The proposed development has been designed to work within the surrounding residential context of the area including street and sidewalk connections to make the area accessible. Staff has worked with the applicant to address building façades of the commercial development and will continue to evaluate this element as part of the Final Development Plan process.  The applicant should anticipate gateway and architectural issues and other commercial design elements will be included in the review of any Final Development Plan submitted for this property.

 

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]

 

Staff Finding – The proposed development complies with the general standards found in the Zoning Ordinance as conditioned.

 

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 – The application for the development plan is separate from the zoning consideration that was previously approved by the City Commission in 2002. The property was found to be appropriate for commercial development as part of that initial land use decision.

 

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.

 

As noted this project will be a phased development. The phasing schedule provided for review does not include any timing to improvements or a construction schedule. The Plan notes that Phasing shown is related to improvements identified in the Traffic Study based on intensity of development. Staff recommends that the Preliminary Development Plan be revised to provide an estimated construction schedule per phase. This schedule may be amended from time to time as phases are finalized. Phase I includes the access from George Williams Way and from Ken Ridge Drive in the southeast corner of the development. A secondary access from Ken Ridge Drive is provided in Phase IV.  Grading for the proposed development will be required to shape pad sites and will alter the existing topography of the property. Erosion control is addressed as part of the stormwater review for this development.

 

Staff Finding – The proposed development plan must be revised to include a construction schedule and timing per code. This construction schedule should also outline the required intersection improvements for George Williams Way.

 

9)     Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

 

Staff Finding – The proposed Preliminary Development Plan has been revised to address documentation requirements noted by the City Stormwater Engineer in December of 2005. The development plan will require revisions to existing platted drainage easements resulting from the extension of Ken Ridge Drive to the east. Revised easements are required to relocate detention areas and extend road right-of-way. The subject property and an abutting area to the south (not included in the boundary of the PCD must be replatted to accommodate these infrastructure improvements. Staff recommends that the approval of the Preliminary Development Plan be subject to approval of a final plat to reestablish these easements and the extended right-of-way shown prior to or with the submission of a Final Development Plan for any portion of the subject property.

 

Staff Review and Conclusion

The proposed Preliminary Development Plan conforms with the anticipated land use for the area as a whole. Development of the site is planned to be phased which will allow for market absorption of the retail space, but does not provide a schedule (timing) for this phasing nor does it provide a general construction phase as discussed in the body of the report. Staff recommends this element be revised.

 

The PCD-2 (Planned Commercial District) allows a wide range of land uses found in Use Groups 7. 8, 9, 9A, 11, 12, 13, 14 and 15 (refer to Article 7 of the Zoning Code for a complete list of these Use Groups). The proposed development shows a specific use for a bank (Phase II), a gas convenience store (Phase I), a drug store (Phase III), and an automotive related retail use (also in phase I). The remaining uses are designated as retail and may include retail sales, offices uses, restaurant, grocery, and recreational uses. Depending on the scope of any Final Development Plan that substantially varies from the Preliminary Development Plan, a new or revised Preliminary Development Plan may be required. There is no note of the face of the Preliminary Development Plan that states that individual owners (if any in the future) give up 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 use less this note is added as part of this process. (Staff will confirm this element prior to the public hearing) 

 

In addition to these items the subject property should be replatted to assure consistency in the provision of necessary easements that deviate from the platted lot configuration to that shown on the proposed Preliminary Development Plan. Public improvement plans for infrastructure such as sanitary sewer, storm sewer, water and public streets will be required for development and will be a condition of approval for Final Plat and Final Development Plan approval.