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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
03/13/06
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.
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STAFF RECOMMENDATION: Staff recommends denial of rezoning approximately 5.05 acres from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District (with additional allowable uses) and forwarding it to the City Commission with a recommendation for denial based on the findings of fact outlined in the staff report. |
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Reason for Request: |
To allow an expanded range of uses for the site, including several uses in Use Groups 13 and 15.
The applicant states: “To allow an expanded range of uses to facilitate and promote appropriate, sustainable, viable in-fill development at the prominent intersection of arterial streets.” |
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KEY POINTS
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Z-10-30-97: A request to rezone approximately 5.05 acres from RO-1 (Residence-Office) District to PCD-2 (Planned Commercial Development) District. This request was recommended for approval by the Planning Commission on 12/17/97 and approved by the City Commission on 02/17/98 . · Preliminary Development Plan for Stoneridge PCD. This application was recommended for approval by the Planning Commission on 12/17/97 and approved by the City Commission on 01/06/98. · Final Development Plan for Stoneridge PCD. This application was approved by the Planning Commission on 04/22/98. As the project did not commence within 18 months of approval, final approval was deemed null and void. · Also on the March 13, 2006 Planning Commission agenda is PDP-01-03-06: Preliminary Development Plan for Miracon Plaza; northeast corner of Wakarusa Drive and Clinton Parkway. · City Commission approval is required. If approved, the rezoning ordinance will need to be placed on a City Commission agenda twice and published in a local newspaper.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
PCD-2 (Planned Commercial Development) District with limited uses; undeveloped land.
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Surrounding Zoning and Land Use:
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RO-1 (Residence-Office) District to the north; residential duplexes.
PRD-2 (Planned Residential) District to the south; multi-family residences.
RS-2 (Single-family Residential) District to the east; single-family residences.
PCD-2 (Planned Commercial) District to the west; commercial uses. |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
Staff Finding – The project area is surrounded by the RO-1 (Residence-Office), PRD-2 (Planned Residential), RS-2 (Single-family Residential), and PCD-2 (Planned Commercial) zoning. Single-family, multi-family, and commercial uses surround the subject property. A future fire station is under construction to the northwest of the subject area.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located on the northeast corner of Clinton Parkway and Wakarusa Drive. The area is characterized by a mix of residential and commercial uses.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned PCD-2 (Planned Commercial) District with limited uses. Planned Commercial Districts are “…intended to encourage commercial development in a planned manner consistent with the adopted comprehensive plan of the City and compatible with nearby or adjacent residential areas.” This existing zoning was approved by the City Commission on February 17, 1998, subject to the following conditions:
1. Restriction of uses to PCD-1 uses plus the addition of Use Group 15, Athletic Club, but excluding a pawn shop and Use Groups 13 and 14.
2. Limiting square footage to 12,700 square feet of commercial/retail use, with the balance of the project to be office use.
The applicant proposes to rezone the property to the PCD-2 (Planned Commercial) District with additional allowable commercial uses. The subject zoning request includes several uses in Use Groups 13 and 15, while the previous PCD-2 zoning excluded Use Groups 13, 14, and 15 (with the allowance of athletic clubs).
Applicant’s Response – “Presently the site is restricted to a short list of allowable uses which have proven unsuitable to foster development at this historically vacant, unmaintained yet highly traveled urban location.”
Staff Finding – The applicant proposes to rezone the subject property to allow for uses within Use Group 13 and additional uses within Use Group 15. As Horizon 2020 does not recommend expanding commercial uses beyond the existing commercially zoned property at the intersection of Clinton Parkway and Wakarusa Drive, the allowance of additional commercial uses for the subject project would not be in conformance with the recommendations of Horizon 2020.
While the site’s current PCD-2 zoning does allow for a limited amount of commercial/retail space (12,700 square feet), it is more suitable than the proposed rezoning. The site’s current zoning designation does not include Use Groups 13 (Automotive Services; Retail Sales; Other), 14 (Retail – Wholesale Sales and Services), or the majority of uses in Use Group 15 (Amusement, Recreational and Cultural Facilities). Athletic clubs, which are an allowable use within Use Group 15, are allowed under the current PCD-2 zoning.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The project area is undeveloped, and has included PCD-2 zoning with limited uses since 1998. The associated final development plan expired without action in October, 1999.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response – “The establishment of proposed land uses (see attached use list) will not detrimentally affect nearby properties due to existing, extraordinary separation by a major drainageway and stormwater impoundment area, as well as by proposed landscaping and architectural treatment.”
Staff Finding – As the subject application proposes rezoning property to allow for more intense commercial uses than currently applicable to the property, approval of the request may detrimentally affect nearby property. Residential uses are located to the north, east, and south of the subject property. The associated Preliminary Development Plan includes office space, a convenience store with drive-through car wash and five pump islands, drive-through banking services, a restaurant, and other unidentified commercial uses. According to the Traffic Impact Study for this project, these uses are projected to generate 6,857 trips (two-way volume) during a 24-hour period of a typical Saturday, and 4,942 trips during a 24-hour period on a typical weekday. Conversely, the uses approved with the previously approved Final Development Plan were projected to generate 853 vehicles per day (two-way volume) during a 24-hour period on a typical Saturday, and 1,123 vehicles per day (two-way volume) during a 24-hour period on a typical weekday. As Use Group 13 (Automotive Service; Retail Sales; Other) is not allowed under the site’s current zoning designation, the previously approved Final Development Plan did not include the types of auto-oriented uses included with the proposed Preliminary Development Plan.
The plan also calls for substantial grading to occur within the drainage easement, which would result in a significant loss of existing trees. With additional landscaping separating the project from adjacent residences and a revised development plan and rezoning request to include less intense commercial uses, negative impacts of development on the surrounding residential properties could be mitigated.
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
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Applicant’s Response – “Public health, safety and welfare will be protected by well-designed stormwater, traffic, buffering and aesthetic elements, while appropriate and needed services will become available to the surrounding neighborhood.”
Staff Finding – The applicant states that approval of the rezoning request and development plan will provide needed services to the surrounding neighborhood. However, the plan does not include pedestrian access to the site from adjacent residential areas, nor does it include neighborhood commercial uses, such as a barber shop or book store. Additionally, the plan includes a convenience store, one of which currently exists at the southwest corner of the intersection. The project provides no specific gain to public health, safety, or welfare. With denial of the request, the hardship to the developer is that the associated Preliminary Development Plan would need to be revised to include uses currently allowed within the parameters of the existing PCD-2 zoning.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The project is not in compliance with the following Horizon 2020 goals and policies related to Neighborhood Commercial Centers:
CHAPTER SIX – COMMERCIAL LAND USE
Neighborhood Commercial Centers
· “The typical nodal development concept for Neighborhood Commercial Centers includes commercial on only one corner or an arterial/collector street intersection or arterial/arterial street intersection. The remaining corners are appropriate for a variety of other land uses, including office, public facilities and high density residential.”
· “The surrounding residential area shall be provided adequate buffering from the commercial uses through transitional zoning or lower-intensity developments.”
· “A Neighborhood Commercial Center provides for the sale of goods and services at the neighborhood level. Neighborhood Commercial Centers shall contain no more than a total of 100,000 gross square feet of commercial space with the exception of [centers] that include a grocery store.” (page 6-4)
COMMERCIAL LAND USE GOALS AND POLICIES
GOAL 3: Criteria for Commercial Development (page 6-28)
Policy 3.4: Criteria for Neighborhood Commercial Centers
B. “Limit the commercial uses in neighborhood centers to one corner of the intersection.”
G. “Locate office, public, semi-public, parks and recreation or medium- and higher-density residential developments on remaining corners of intersection to avoid excessive concentrations of commercial traffic and unnecessary duplication of commercial services.” (page 6-30)
Applicant’s Response – “The proposal occurs at arterial intersections with no direct vehicular access to abutting residential area; access is limited to the arterial street. Transition in land uses and buffering are provided via significant open space separation and proposed landscaping.”
Staff Finding – Expansion of allowable commercial uses for the site on the northeast corner of Wakarusa Drive and Clinton Parkway is inconsistent with Horizon 2020 goals and policies related to Neighborhood Commercial Centers. Specifically, the southwest and northwest corners include commercial development, while the comprehensive plan states that commercial development should be limited to one corner of the intersection. Horizon 2020 also states that duplication of services should be avoided. However, the subject proposal includes a convenience store, while the southwest corner of the intersection currently includes such a use.
Additionally, while a substantial drainage easement separates the project area from the surrounding residential properties to the north and northeast, the proposal includes substantial grading and tree loss within the easement. The plan does not include adequate landscape buffering to mitigate negative impacts, and less intense uses should be located along the edges abutting residential development. As the site’s developable area is limited, it is preferable for the rezoning request to include less intense uses than are currently being requested in order to protect abutting residential properties.
The project is also not in conformance with the recommended maximum gross square footage of commercial space for Neighborhood Commercial Centers, which is 100,000 gross square feet. The following chart outlines existing commercial space at the intersection of Wakarusa Drive and Clinton Parkway. Office uses are not included in the calculations listed below.
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Location |
Zoning |
Existing Commercial GSF |
Land Use |
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Northwest corner |
PCD-2 District |
Nursery – 10,965 GSF Wakarusa Center – 75,539 GSF |
Commercial uses |
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Northeast corner |
PCD-2 District (with limited uses) |
None – undeveloped
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Undeveloped land |
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Southwest corner |
PCD-2 District |
14,470 GSF |
Commercial uses |
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Southeast corner |
PRD-2 District |
None – 54 dwelling units |
Multi-family residences |
The intersection of Wakarusa Drive and Clinton Parkway currently includes approximately 100,974 gross square feet of commercial space. The Miracon Plaza Preliminary Development Plan proposes 18,866 gross square feet of commercial space and 8,758 gross square feet of office space. With the addition of the proposed development plan, the amount of commercial space for the intersection will total approximately 119,840 gross square feet, which is 19,840 gross square feet more than the maximum 100,000 gross square feet of commercial space recommended for the intersection.
SUMMARY
The application does not conform with the goals and policies of Horizon 2020 and, therefore, staff recommends denial of the rezoning application for Miracon Plaza.