PC minutes
ITEM NO. 11A: ZONING OVERLAY DISTRICT; BETWEEN 8TH
& 9TH STREETS AND NEW JERSEY & DELAWARE STREETS (LBZ)
Z-12-80-05: Establishment of a Zoning Overlay District for the
8th and Penn Neighborhood Redevelopment Zone. The property is
generally described as being located between 8th & 9th Streets and
PC Minutes
ITEM NO. 11B: M-2 TO C-5; 0.541 ACRE & M-3 TO C-5;
4.0 ACRES; BETWEEN 8TH & 9TH STREETS AND NEW JERSEY
& DELAWARE STREETS (LAP)
Z-01-01-06: A request to rezone a tract of land approximately 0.541
acre from M-2 (General Industrial) District to C-5 (Limited Commercial) District,
and 4.0 acres from M-3 (Intensive Industrial) District to C-5 (Limited
Commercial) District. The property is
generally described as being located between 8th & 9th
Streets and
PC Minutes
ITEM NO. 11C: PRELIMINARY PLAT FOR 8TH &
PP-01-04-06: Preliminary Plat for 8th &
PC Minutes
ITEM NO. 11D: FINAL PLAT FOR 8TH &
PF-01-03-06: Final Plat for 8th &
STAFF PRESENTATION
Ms. Zollner, Historic Resources Administrator, began the
presentation by explaining the applicant’s intent to create a mixed-use
development encompassing residential, office and limited retail uses. As part of this development, a portion of the
subject area was also proposed as a new historic district within the City of
Ms. Zollner described the nomination process and the
criteria the district must meet to obtain a national listing. She said that placement on the National Register
would make the district eligible for tax credits to assist with rehabilitation
efforts proposed in the overall development.
These included a return to original brick streets in some areas and
several building renovations, all within the identified boundaries of the
proposed historic district.
Ms. Zollner said her department and the East Lawrence
Neighborhood Association were excited about this opportunity preserve the
buildings, neighborhood pattern and character of
Ms. Zollner showed photographs of the major structures in
the proposed UCO, noting the characteristic grid street patterns, sidewalk
placement and sizable industrial core of the neighborhood. She said some buildings would retain their
industrial use with the proposed redevelopment, but some were no longer
suitable for intensive industrial uses.
The applicant was working with Staff to protect and conserve these
buildings by rehabilitating them (possibly with tax credits) for modern uses
that would entail minor interior changes and minimal exterior modifications.
Ms.
Leininger introduced the portion of the development proposal covered by Item
10. This was a proposed amendment to
Chapter 6 of the Comprehensive Plan that would establish the Mixed-Use
Redevelopment Center to address mixed-use developments like the one proposed in
Items 11A-11D. The development proposed in these items was used as a base-line
for creating guidelines to be adopted as part of the Mixed-Use Redevelopment
Center amendment. These guidelines
included:
Ms. Leininger responded to questioning that the 6 acre cap
was based on the current 5 acre cap set by the Zoning Ordinance stating the
minimum area required for an Urban Conservation Overlay District. This was increased to 6 acres to allow some
flexibility when considering a variety of developments.
Burress suggested the 6 acre cap might be too restrictive
and asked if the Commission might consider not stating a specific size limit
for the overlay districts.
It was discussed that, while PCD zoning might be applied
for some kinds of mixed use development, the UCO was specifically designed for
this use and was considered by Staff to provide the highest chances for
success.
Ms. Pool introduced the rezoning and plats that made up
Items 11B-11D. Ms. Pool identified the zoning
and uses of surrounding properties and showed the boundaries of the project
area. She explained the proposed C-5
zoning was necessary to accommodate a mix of uses and would be less intense than
the general and intensive industrial zonings currently in place. It was discussed that C-5 zoning would
regulate only the uses, while the associated Design Guidelines would establish
other elements such as parking, setbacks, density, etc. She noted the applicant proposed a density of
32 dwelling units per acre. This is more
dense than the RM-2 District, but less dense than the RM-3 District.
Ms. Pool noted
that the plat applications include the area to be rezoned to the C-5 District,
in addition to an M-3 zoned property to the east of the proposed
Other
points were clarified:
APPLICANT
PRESENTATION
Stan Meyers, Bartlett & West Engineers, introduced
other members of the development team.
Mr. Meyers said that, as part of the plat process, the development team
had completed studies for drainage, sanitary sewer and traffic impact, all of
which were reviewed and approved by Staff.
There was discussion about a letter submitted by Bill
Penny, Penny’s Concrete, Inc., about changes to existing area streets that he
believed may hamper his existing business in the area. Specifically, Mr. Penny asked if street-side
parking would reduce turning radii for heavy truck traffic at
It was established that Mr. Penny’s concerns should be
noted when public improvement plans were submitted for the proposed
development. Each site plan would then
also be designed with his concerns in mind.
Mr. Harris spoke also about the bus company in the area,
saying there was a consistent problem of busses parked on
Mr. Harris said this proposal started in 2001, at the same
time as the Hobbs-Taylor loft development.
He said these were the only two “truly mixed use projects proposed or
built in the city.” Mr. Harris said he
hoped to utilize semi-public improvements, mainly parking, to create a
live-work-play concept similar to the lofts.
He added that the Hobbs-Taylor lofts were overbuilt for parking and he
hoped to make better use of land in this second project.
Mr. Harris described the four zones making up the overall
development proposal:
Zone One – Historic District
The Poehler building will house the only residential use in
Zone One, and living units will be contained only on the 3rd & 4th
floors. These will also be the only
rental units in the entire development.
These units will become owner-occupied in the long-term, but renting was
the only way to guarantee meeting the tax credit stipulation that the
properties be held under the same ownership for 5 years. The rest of the Poehler building and the
other buildings in Zone One will contain a variety of office and retail uses.
Zone Two – Public Right-of-Way
The proposal currently included returning a section of
This development proposed to create off-street parking on
both sides of
Zone Three – Limited Commercial
This zone seemed to be generating the most public
interest. It involved developing new
mixed-use and residential buildings along the west side of
Two corner buildings at 8th &
Zone Three also included three phases of row housing with
associated covered parking. The
applicant had met with the neighborhood several times, taking their input or
lack of input into consideration in forming a material selection board for the
units in this zone.
Zone Four – Limited Commercial
This zone encompassed existing commercial areas to the east
and north.
Mr. Harris also spoke about the intent to share parking
between residents (night) and office and commercial uses (day) – an idea his
team had seen work successfully in
Ed Tato,
Mr. Harris provided details about each type of housing
proposed, including the rental units in the Poehler building and the row
houses. He then responded to several
questions:
There was discussion about pedestrian-friendly and common
open space elements built into the proposal.
It was noted that a large park-like common open space was not planned
but several smaller open spaces were included.
Community events could be held off the sheltered area along extended
There was
discussion about the suggestion that the proposed
Bo Harris expressed concern about Staff’s recommended
changes to the proposed parking standards.
He said the design currently shown was consistent with similar types of
development in other communities and was fitting for the kinds of uses they
wanted to encourage.
The applicant was also concerned about Staff’s
recommendation for a larger greenspace setback than was current proposed. The plat showed a 3’ greenspace setback for
parking areas along the street, but Staff recommended an increase to 8’. Ms. Stogsdill explained this recommendation
was on behalf of the Parks & Recreation department, which required a
minimum of 8’ to accommodate trees.
Ermeling said she would like to see additional limitations
in lighting design to minimize impacts, such as fully-shielded lighting and
height restrictions. Bo Harris said he
would be amenable to considering these stipulations, but reminded the
Commission that lighting in Zone One must also retain its historic
character. It was verified that the
Planning Commission would not review the site plan for this development, so
conditions about lighting would need to be applied to the Design Guidelines.
Burress said the Design Guideline language for the overlay
district did not seem very strong; using “recommended” and “not recommended”
instead of “shall (not)” or “will (not).”
It was discussed that the language left some flexibility to apply to a
variety of buildings and situations. Ms. Zollner said this language was modeled
after the language of the Secretary of the Interior’s Standards, which had been
upheld by the Supreme Court.
As the Commission entered the public hearing for Items 10
and 11A – 11B, the public was asked to refrain from excessive repetition, and
the Chair suggested that audience members might show their support and
agreement for a speaker by raising their hand following his/her testimony.
PUBLIC COMMENT – Item
10 only
Janet Good spoke on behalf of the East Lawrence Neighborhood
Association, saying the neighborhood was pleased the City was ready to put
mixed-use zoning in place, since that had been the neighborhood character for a
long time. The ELNA hoped this project
would lead the way for other developments fulfilling the goals the City said it
wanted to pursue but had previously taken no steps to achieve: walkable neighborhoods, mixed uses, creative
greenspace, and other elements of the New Urbanism concept.
Burress asked if the ELNA shared his concern about impacts
of new development/redevelopment on the existing neighborhood. He felt the proposed design guidelines were
not specific enough about traffic impacts.
There was discussion about whether stronger/additional text was
needed. Staff noted that the policies of
Chapter 6 of Horizon 2020 would still
be applicable to the overlay district.
COMMISSION DISCUSSION
Krebs addressed the 6-acre size limit for mixed-use
redevelopment centers, saying this may have been included in response to
comments at the Study Session. She
clarified that her size concerns were relative to commercial uses only. More than one Commissioner was concerned that
a 6-acre max for the entire district might be too restrictive, but not so much
concern was expressed about limiting retail uses to 25% of the net area. It was suggested that they remove the acreage
limitation, while adding a specific square footage limitation for retail uses,
regardless of the size of the overall district.
Haase said that applying arbitrary numbers without a retail impact
analysis for each proposed development was “not the direction we’ve been
going.”
Staff clarified that this proposal was an entirely new kind
of commercial center from the ones currently listed in the Comprehensive Plan –
somewhere between the existing neighborhood commercial center and
inner-neighborhood commercial center. Criteria
for reviewing this new (to Lawrence) commercial concept and developing an
amendment to the Comprehensive Plan for mixed-use redevelopment centers were
based on criteria for existing commercial centers in Chapter 6. The guidelines also replicated language from
Goal 4 in Chapter 6 about transportation considerations.
Lawson said trying to microtune the document at this point
was unproductive. He said everyone
should understand that this was exploratory and changes would likely be needed
in the future. Other Commissioners
agreed that “field testing” would provide valuable information needed for
making the best modifications.
ACTION TAKEN
Motioned by Lawson, seconded by Harris to approve the
Comprehensive Plan Amendment to Chapter 6 of Horizon 2020 as presented by Staff and forward it to the City
Commission and Board of County Commissioners with a recommendation for
approval.
Motion carried unanimously, 9-0.
PUBLIC COMMENT – Items 11A &
11B
Owen Lehmann,
Mr. Lehmann said
Mr. Lehmann clarified that he had serious concerns about an
overlay district that included land the applicant did not own. He asked the Commission to reject the overlay
district and to make the applicant submit a revised plan for only the
properties he (the applicant) owned.
Erin Adamson,
Ms. Adamson said she supported mixed use development, but
felt the proposed west side density was too high for this part of the
neighborhood. She asked the Commission
to defer the west side rezoning until the applicant and neighborhood could
discuss this element.
Janet Good, ELNA, echoed the previous comments that Zone One was an
excellent concept that was a long time coming.
But she also agreed that the row housing element, while mentioned by the
applicant early in the development process, had been vague until only
recently. She said the neighborhood had
not had sufficient time to discuss Zone Three, and listed specific concerns
with parking, density, and the cost of the infrastructure.
Ms. Good also noted that the guidelines appeared to allow
telecommunications towers in Zone One.
She suggested this was an odd, modern ingredient for a historic
district. It was discussed that cell
towers must be allowed in all zoning districts per federal law, but this area
was a topographic low point in
Ms. Good said the proposed Design Guidelines did address
many of the neighborhood’s concerns about setbacks, etc. However, the ELNA wanted to register their
significant concerns about some of the allowable uses in C-5 zoning, such as
bars, nightclubs, liquor stores, loan shops, pawn shops, drive ups and
drive-throughs.
Ms. Good stated that the proposal didn’t include enough
greenspace or open space. She also commented on the proposed shared parking,
saying many area residents were elderly, worked odd hours, or were otherwise
not vacating their parking spots in the typical
KT Walsh, 732
Ms. Walsh expressed concern about the proposed design
guidelines, saying this document would regulate minutiae that would have
significant impacts on existing residents.
She said this had not been a serious concern until hearing tonight that
the guideline language was stronger than it had seemed (Re: recommended/not
recommended).
Krebs
outlined for the public the revised parking standards recommended by Staff for
this development:
Haase
added that a recent publication from the Urban Land Institute provided testing
data showing that shared parking does work in mixed-use developments.
Phil Collison, 933
Beth Rowlands,
David Evans, 923
Pete Laufer,
Dayna Carlton, 937
Ms. Carlton expanded on the history of the Haskell Loop,
saying the reason the west side of
Ed Tato, 1016
Judy Romero,
Nickie Proudfoot, 820
Godfred Beard,
Allona Winner, 825
APPLICANT CLOSING
COMMENTS
Bo Harris asked to state for the record that the boards
used for tonight’s presentation were the same ones used in previous
neighborhood meetings, public meetings and community picnics. These had all been discussed with the public
at great length and many changes had been made in response to input received at
those venues. He respectfully suggested
that anyone with serious concerns about the development would have been and had
been involved in the process a long time before this point. He expressed frustration at this level of
“late interest at a time when delays are more expensive.” He had not seen over
50% of the people at tonight’s meeting at any of the previous neighborhood
meetings.
Bo Harris addressed the two main issues raised in the
public hearing: density and
traffic. He said an expanded traffic
impact study had been completed, encompassing boundaries recommended by City
Staff. The City had expressed no
opposition to the study’s finding that the area streets were capable of
handling the traffic generated by this project.
The applicant had every intention of including an
affordable housing element in the development, even though the details of that
agreement had not yet been finalized.
The acquisition costs on the west side of
Finally, Bo
Harris discussed existing conditions that would be replaced by the project,
resulting in a much better neighborhood for everyone:
Bo Harris agreed that some details were not yet determined
(ex. garage design), but these would be settled at the proper time and in
accordance with City standards.
STAFF CLOSING COMMENTS
Staff had
no additional comments.
COMMISSION DISCUSSION
It was established that Staff had pursued multiple options
for restricting certain uses out of the proposed C-5 zoning, but had been
unsuccessful in finding any way to do this that could be supported by the
City’s legal department.
In response to a comment from the public asking that the
overlay district be subject to the “55% Rule” for restaurant uses, Staff
explained that this regulation was specifically applicable to the Downtown
area’s C-3 zoning.
Hunter Harris responded to questioning that the applicant
was in complete agreement with the neighborhood about the undesirability of
“noxious uses.” He said the inclusion of
these uses would be completely against the kind of development the applicant
was spending millions of dollars to achieve.
Burress said that, unfortunately, the Commission must consider rezoning
not based on what the applicant intended, but rather on what uses were
appropriate for the area. Ms. Stogsdill
pointed out that the C-5 zoning would not be “unfettered”, but would be
somewhat limited by the overlay district design guidelines.
There was discussion about the possibility of conditioning
zoning. Ermeling said that she had
pursued this issue with Planning and Legal Staff, and she was convinced that
this was not a possibility. Haase
expressed frustration at having no mechanism “to get where we all want to
go.” He encouraged Staff to continue
investigating the creation of this much-needed tool.
Krebs asked if there was a way to make the affordable
housing element a requirement of the proposal.
Ms. Zollner agreed to continue researching the precedent of this kind of
condition as part of the design guidelines.
It was suggested that the Commission could communicate this desire to
the City Commission, recommending a note on the site plan. It was additionally suggested that the applicant
could create covenants requiring an affordable housing component, but noted
that the City could not be involved in the adoption or enforcement of
covenants.
It was verified that Staff agreed with the applicant that
the proposed density was appropriate for the area, provided adequate parking
was provided as outlined in the Staff memo.
Several points were mentioned:
Haase expanded on the information published by the Urban
Land Institute on shared parking. Staff
was directed to gather information about shared parking from the ULI materials
and Smart Code data to present when the City Commission heard this item, with
the possible result of changing Staff’s recommendation to revise the
applicant’s proposed parking standards.
Ms. Stogsdill pointed out that Staff’s recommended increase in required
parking was still significantly lower than required by the current City Code.
Haase pointed out that this was the first time he had seen
a proposal mixing socio-economic levels within the same development. Most affordable housing projects involved a
large section of isolated units. He
appreciated the applicant’s attempt to follow a model that was favored
nationwide and reflected the ideals of the neighborhood.
Burress asked if placing this density (54 units) across the
street from existing, much lower density (12 units), created its own kind of
isolation. Ermeling suggested that housing
types might be utilized to minimize this disparity.
Krebs suggested that the Commission state for the record
that they encourage the City Commission to condition the site plan to include
an affordable housing element.
There was discussion about the provision of common open
space. It was noted that the applicant
was providing small patches of open space throughout the development, and
suggested it was unreasonable to ask for a park-like setting in an area this
small. Additionally,
ACTION TAKEN
Motioned
by Ermeling, seconded by Erickson to approve the Zoning Overlay District as
presented by Staff, with additional conditions as follows:
o
A
note should be added stating that all external lighting will be shielded to
prevent off-site glare.
o
Staff
shall explore the shared parking concept before the City Commission hearing to
see if the Smart Code formula is appropriate for use in this project; and
o
Minimum
3-foot greenspace setback for parking lots from lot lines.
o
Staff
shall research a method by which to limit certain noxious uses from the
allowable uses within the C-5 zoning district prior to the City Commission
meeting.
DISCUSSION ON THE MOTION
The Commission discussed the 3’ parking lot landscaping
setback, with Staff reiterating the Parks Department statement that they would
not plant trees in anything less than 8’ of public right-of-way. Within the development, the applicant is allowed
to plant trees in an area smaller than 3’ wide, as long as the regulated amount
of landscaping was maintained.
Haase explained he had a long history of voting in favor of
neighborhood concerns. However, in this
case he would support the project because he strongly believed the development
would be a significant benefit to
ACTIONS TAKEN
Item 11A – Overlay
District
Motion on the floor was to approve the Zoning Overlay
District and forward it to the City Commission with a recommendation for
approval, based on the findings of fact presented in the body of the Staff
Report and subject to the following revised conditions:
1. The “Lot Area and Yard Regulations”
table on page 12 should be revised to show a comparison of the table on page
6-2 of the proposed Land Development Code with the requirements of the Design
Guidelines.
2. 16-foot lot width minimum should be
clarified. (page 12)
3. A minimum lot area per lot of 1,872
square feet may need to be added if the justification for a 16-foot lot width
minimum is to allow for individual sale of rowhouses. (page 12)
4. A minimum lot area per dwelling
unit of 1,360 square feet per unit should be added. (page 12)
5. No setbacks, but language should be
included which states that, during the site plan review process, City
6. No lot depth, as
Landscaping
7. The number of required street trees
should comply with the minimum number required per City standards. (page 57)
8. The preferred street tree list
should be included in the document as an appendix.
9. Modify the tree well section to
meet current city standards. (page 58)
Parking
Requirements
10. Staff was directed by the Planning
Commission to develop a memo refining the project’s parking utilizing the
shared parking calculations in the Smart Code prior to consideration of the
Design Guidelines by the City Commission on
11. Estimates of square footage of
non-residential uses should be included for the purposes of estimating the
number of parking spaces need for commercial/office uses.
Lighting
12. A note should be included stating: “In order
to limit lighting impacts on adjacent residential property owners, low bollard
lighting will be utilized in parking areas adjacent to residential properties.
Standard pole parking lot lighting will not be utilized in these areas.” (pages
13, 18, 64, 68, and 73)
13. A note should be added stating that
all external lighting will be fully shielded to prevent off-site glare. Light fixtures should be non-reflective, with
non-swivel heads mounted at a 45 degree angle so as to contain the light within
the project boundaries.
Screening
14. Screening for ground and
roof-mounted mechanical equipment shall be in accordance with City standards
(landscaping or architectural treatment compatible with building architecture).
(page 46)
15. Additional landscape screening may
be required by City staff if deemed necessary to lessen impact of parking,
lighting, or noise on neighboring residential properties.
Sidewalk
Width
16. Minimum 5-foot sidewalk width for
all public sidewalks. (page 56)
Development
Review Process
17. A section should be included which
outlines the development review process for redevelopment/development of lots
within the Urban Conservation Overlay District. Site plan applications and,
when applicable, replat and/or rezone applications, which are in accordance
with City standards applicable at the time, are required for redevelopment or
development within the UCO District. Site plans will undergo Historic Resources
Commission review in addition to the standard site plan review.
18. Regarding the cited Section numbers
for the City’s existing Zoning Regulations, a note should be included next to
each Section number stating: “or subsequent applicable City standards”, as the
stated Section numbers will not be applicable with Zoning Regulations other
than those in use today.
Motion carried unanimously, 9-0.
Item 11B - Rezoning
There was additional discussion about the lack of ability
to restrict uses. The neighborhood and
applicant agreed about what uses were not suitable in this area but the
Commission had no way to regulate this.
Burress asked how essential
It was established that the Commission could condition the
final plat that the applicant must file covenants with the Register of Deeds,
but enforcement of these covenants was not within the City’s purview. Staff was directed to look for ways to
restrict uses in cases such as this, because it was assumed that similar
complications would arise as mixed-use development became more popular with the
development community. Hunter Harris
said the applicant was willing to place use restrictions on the development
that homeowners and commercial property owners would retain under a Landowner’s
Association.
It was suggested that the Commission might revisit the
overlay district if a mechanism was found to regulate use restrictions. Staff expressed concern at the legal
implications of changing a given approval.
ACTIONS TAKEN
Item 11B - Rezoning
Motioned by Lawson, seconded by Eichhorn to approve the
rezoning of 0.541 acres from M-2 to C-5 and 4.0 acres from M-3 to C-5 and
forward it to the City Commission with a recommendation for approval, based on
the findings of fact presented in the body of the Staff Report and subject to
the following conditions:
1. Filing of the final plat at the
Register of Deed’s Office.
Motion
carried 8-1, with Haase, Lawson, Eichhorn,
11C – Preliminary
Plat
Motioned by Haase, seconded by Ermeling to approve the
Preliminary Plat for 8th &
a.
Notation
of the construction of new sidewalks along the eastern and western sides of
b.
Provision
of pedestrian easements along one side of
c.
Notation
of a future transit stop on the west side of
d.
Notation
of project gross acreage and acreage within each zoning district within the
Site Summary.
Motion carried unanimously, 9-0.
Item 11D – Final Plat
Motioned by Ermeling, seconded by Lawson to approve the
Final Plat for 8th &
Motion
carried unanimously, 9-0.
DISCUSSION ON THE
ACTION
Ermeling encouraged members of the public to submit any
suggestions about possible amendments to the UCO design guidelines prior to
City Commission consideration.