PC Minutes 3/13/2006
ITEM NO. 8A: PCD-2 TO PCD-2 (WITH ADDITIONAL ALLOWABLE USES); 5.05 ACRES; NORTHEAST CORNER OF WAKARUSA DRIVE & CLINTON PARKWAY (LAP)
Z-01-02-06: A request to rezone a tract of land approximately 5.05 acres from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District (with additional allowable uses). The property is generally described as being located at the northeast corner of Wakarusa Drive and Clinton Parkway. Submitted by Landplan Engineering, P.A., for Off-Piste, Inc., property owners of record.
PC Minutes 3/13/2006
ITEM NO. 8B: PRELIMINARY DEVELOPMENT PLAN FOR MIRACON PLAZA; NORTHEAST CORNER OF WAKARUSA DRIVE & CLINTON PARKWAY (LAP)
PDP-01-03-06: Preliminary Development Plan for Miracon Plaza. This proposed planned commercial development contains approximate 5.05 acres and proposes a car wash, convenience store, commercial/office buildings, and a restaurant. The property is generally described as being located at the northeast corner of Wakarusa Drive and Clinton Parkway. Submitted by Landplan Engineering, P.A., for Off-Piste, Inc., property owners of record.
Items 8A & 8B were discussed simultaneously.
STAFF PRESENTATION
POOL: This is a rezoning application from PCD-2 to PCD-2 with additional uses. A preliminary development plan for Miracon Plaza is also before you tonight, which seeks to develop approximately 5.05 acres on the northeast corner of Wakarusa Drive and Clinton Parkway. The property is surrounded by RO-1 zoning to the north, RS-2 to the east, PRD-2 to the south, and PCD-2 to the west.
The reason for the request is to allow an expanded range of uses for the site, including several uses in Use Groups 13 and 15. The site’s existing PCD-2 zoning is restricted to PCD-1 uses with athletic clubs from Use Group 15, but excluding Use Groups 13 and 14. The square footage of commercial use is limited to 12,700 square feet. Staff found that the rezoning application is not in conformance with the Horizon 2020 for the following reasons: the allowance of additional commercial uses will result in a plan without proper buffering for the adjacent residential property, a convenience store already exists on the southwest corner of the intersection, and the addition of allowable commercial uses would result in 119,840 gross square feet of commercial space at the intersection, which is 19,840 square feet more than the recommended maximum of 100,000 gross square feet of commercial space for a Neighborhood Commercial Center. While a substantial drainage easement exists along the northern and eastern property lines, significant grading is proposed in the easement, which would reduce the buffering effect.
Therefore, staff is recommending denial of the rezoning and preliminary development plan requests.
If the Planning Commission were to recommend approval of the development plan, staff would need to draft a set of conditions of approval and fully review the plan for its conformance with the Commercial Design Guidelines. Specific changes needed for a future plan would include removal of the northern right-out only turn and additional landscape buffering. Additionally, pedestrian access to the residences surrounding the property would need to be added, an agreement with adjacent property owners regarding off-site grading would need to be submitted, and a downstream sanitary sewer analysis would need to be submitted and approved.
APPLICANT PRESENTATION
TIM HERNDON: Tim Herndon, Landplan Engineering, P.A. I want to start with a little bit of project history. Prior to being rezoned to the PCD-2 District, the property was zoned RO-1. With the nearby residential development, another residential project was not likely. Preliminary and final development plans were approved for the Miracon site in 1998. This project was known as Stoneridge Plaza and included a rezoning of the property from the RO-1 District to the PCD-2 District. This project included 51,630 square feet of floor space with 12,000 square feet of commercial space and 40,000 square feet of office space. 40,000 s.f. of office is not feasible in today’s soft office market.
What we'd like to do today is convert 12,700 s.f. of commercial space to 18,000 square feet of commercial space – an increase of 1/3. We’d also like to reduce the office space to 9,000 square feet. The proposal includes a convenience store with single-bay car wash and five pump islands, two-story office/commercial building with drive-through bank bays and drive-through service, and sit-down restaurant.
This is a 5-acre site with only 60% developable land because of the drainage easement and peripheral setback. The drainage easement creates enough of a buffer with the adjacent residences. I hope that the Planning Commission would understand that a little bit of intensity of use or a little bit of broadening of the allowable use on the property would be suitable. This proposal is head and shoulders aesthetically above the existing developments on the other three corners of this intersection. It is important to note that we have communicated with adjacent property owners and they have no concerns.
Lawson motioned to extend the meeting by 30 minutes. Harris seconded. All Commissioners were in favor.
HERNDON: The distance from the subject project to the back of the single-family homes is 250 feet and 140 feet to the back of rental units. To rebut staff comments, there will be a significant amount of grading within what will be the drainage easement. However, the area is now a dump and includes incidental vegetation. Any development of the site will include grading in this area, which will improve the drainage channel. There is an ample buffer to the east. Regarding the request not being in conformance with the maximum retail space for Neighborhood Commercial Centers as listed in Horizon 2020, 40,000 square feet of the commercial area identified by staff is mini-storage. If we look only at retail at this intersection, there is less than 100,000 square feet. We recognize commercial development already exists on three corners of the intersection. However, Horizon 2020 recommends commercial on only one corner in Neighborhood Commercial Centers, and commercial uses already exist on two corners.
RIORDAN: Could you explain to us why the right-out access point is a good idea?
HERNDON: This curb cut eases the load on the intersection at Wakarusa Court and separates the convenience store traffic from the other traffic on the site. The Traffic Impact Study provides sufficient justification for this curb cut. The project can work without it, but it should have it.
LAWSON: The staff report makes reference to the lack of pedestrian access to the adjoining neighborhood. I presume that's something that could be overcome. Also, could you provide a response to the redundancy of convenience stores at this intersection?
HERNDON: It is not an unnecessary duplication. We are responding to the market and it is good design.
HARRIS: Why are you recommending additional uses? Why can’t you make a project work with the current zoning?
HERNDON: With the previous design, office was the dominating use with commercial as a supporting role. This is not feasible and it is a difficult site to engineer. The current uses don’t allow vehicle-oriented uses – no drive-throughs, no convenience stores, no gas pumps. It allows for things such as book stores and pedestrian-friendly uses.
BURRIS: Are you saying the mini storage should be exempt from the retail count?
HERNDON: Mini storage generates about one trip per month. The traffic volume generation is incomparable to other retail uses.
HAASE: 35 percent of the properties in Lawrence that are zoned for commercial may be in some other use today. My sense is that mini storage is a way to hold land until it can be redeveloped into a more intense use. Shouldn't our concern be the eventual redevelopment of commercially zoned land?
HERNDON: No. There is high demand and low overhead for mini-storage.
BURRESS: Does mini storage make the same profit per square footage as convenience stores? Doesn’t mini storage make a smaller profit?
HERNDON: No.
ERICKSON: Page 6-16 of Horizon 2020 does not recommend expanding commercial uses beyond what already exists at this corner.
PUBLIC COMMENT
No member of the public spoke on this item.
STAFF CLOSING COMMENS
There were no additional comments from Staff.
COMMISSION DISCUSSION
JENNINGS: If the mini storage redeveloped, it would end up with a b-grade commercial use. People want the best price they can find on gasoline. It is about two miles out from this intersection to another gas station. The corner needs an anchor, and this proposal includes good architecture. It can never be pedestrian-friendly. This side of town needs a coffee shop where people gather. The corner would be better with development than without it.
10:30 p.m. - Meeting was extended 15 minutes
KREBS: The site is currently zoned for 12,000+ square feet of commercial space. The applicant could come forward with a different project that includes the current allowable uses.
HAASE: The thing that struck me in the well-prepared staff report is how much asphalt this project would present to Wakarusa Drive. The project wouldn’t meet the Commercial Design Guidelines. I have concerns with approving a project of this nature. I would like to see a design that more closely reflects the Commercial Design Standards. A design with the site’s current allowable uses could be successful.
ERMELING: Design features are important. There needs to be a different approach to the plan that would bring buildings closer to the street. I encourage a resubmittal with a different plan.
BURRESS: I guess I am a square foot fundamentalist. The Horizon 2020 limit on commercial space is fundamental. That’s all we have.
ACTION TAKEN
Item 8A
Motioned by Krebs, seconded by Ermeling to deny the rezoning of 5.05 acres from PDC-2 to PCD-2 (with additional allowable uses) and forward it to the City Commission with a recommendation for denial, based on the findings of fact presented in the body of the Staff Report.
Motion carried 7-3, with Krebs, Ermeling, Burress, Erickson, Haase, Harris and Riordan voting in favor; Eichhorn, Jennings and Lawson voted in opposition.
Item 8B
Motioned by Eichhorn to deny the Preliminary Development Plan.
DISCUSSION ON THE MOTION
The applicant was given an opportunity to comment on the proceedings.
HERNDON: Would you allow a deferral for two months, so we can talk with staff about possible alternatives to this plan? I think the zoning and denial of that is a little bit more appropriate in this context, but if you make us resubmit a new plan application, we've got to do a lot of redundant work. We'd rather be given the chance to hopefully work out an alternative.
There was discussion about Staff’s time frame preference for a potential deferral. Ms. Stogsdill suggested three months would be appropriate for placing the item back on the Commission’s agenda. It was clarified that the applicant could submit revised plans sooner if they were ready.
ACTION TAKEN
Item 8B (con’t)
The motion to deny Item 8B was withdrawn.
Motioned by Ermeling, seconded by Harris to defer Item 8B for up to three months.
Motion carried unanimously, 10-0.