PLANNING COMMISSION REPORT

Consent Agenda - Non-Public Hearing Item

PC Staff Report

03/15/06

ITEM NO. 11D:        FINAL PLAT FOR 8TH & PENNSYLVANIA NEIGHBORHOOD                                                 REDEVELOPMENT; BETWEEN 8TH & 9TH STREETS AND NEW                                               JERSEY & DELAWARE STREETS (LAP)         

 

PF-01-03-06: Final Plat for 8th & Pennsylvania Redevelopment. This proposed redevelopment contains approximately 4.541 acres. The property is generally described as being located between 8th & 9th Streets and New Jersey and Delaware Streets. Submitted by Bartlett & West Engineers for Cinco Hombres, LLC & Pennsylvania Street Investors, LLC, property owners of record.

 

STAFF RECOMMENDATION: Staff recommends approval of the final plat for the 8th and Pennsylvania Neighborhood Redevelopment and forwarding it to the City Commission for acceptance of rights-of-way and easements, subject to the following conditions:

  1. Provision of the following fees and recording documentation:
    1. A current copy of a paid property tax receipt.
    2. Recording fees made payable to the Douglas County Register of Deeds.
    3. A completed Master Street Tree Plan in accordance with Section 21-7081.3.
  2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
  3. Submittal of Agreements Not to Protest Improvements to the intersections of 9th and Connecticut Streets and 11th and Delaware Streets.
  4. Submittal of public improvement plans for the extension of Delaware Street, sidewalks along both sides of Pennsylvania and Delaware Streets and along the southern side of 8th Street, reconstruction of Pennsylvania Street to expose original brick, and extension and/or upgrade of sanitary sewer, stormwater, and water mains.
  5. Prior to scheduling of the final plat on an agenda for City Commission acceptance of rights-of-ways and easements, a downstream wastewater analysis will need to be approved by the City’s Utilities Department.
  6. Revision of the plat to include the following:

a.            Pedestrian easements should be shown on the final plat along one side of Pennsylvania and Delaware Streets and along the southern side of 8th Street. These easements are necessary to ensure that sidewalks are constructed with the subject project on both sides of 8th and Pennsylvania Streets and along the southern side of 8th Street. These sidewalks should be a minimum of five feet in width.

 

Applicant’s Reason for Request:

To create a mixed-use redevelopment center in an existing East Lawrence industrial area.

 

KEY POINTS

·         On November 14, 2005, the Lawrence-Douglas County Metropolitan Planning Commission voted to grant permission for concurrent preliminary and final plat submission for the 8th and Pennsylvania Neighborhood Redevelopment project.

·         Once a Horizon 2020 amendment addressing Mixed-Use Redevelopment Centers is adopted, the application will be in conformance with Horizon 2020 policies and recommendations.

·         The associated proposed Urban Conservation Overlay District and Design Guidelines supercede lot area, setback, and other standards for the proposed C-5 zoning district. The Urban Conservation Overlay District and associated Design Guidelines should reduce the need for zoning variances.

·         An associated rezoning request for C-5 zoning is necessary to allow for a mix of uses.

·         The 8th and Penn. Neighborhood Redevelopment Zone includes parcels to the north of 8th Street and additional parcels along the western side of Pennsylvania Street. These areas will need to be rezoned and platted, as applicable, prior to site plan submission for development or redevelopment as part of the Mixed-Use Redevelopment Center. Lot 1, Block B currently includes an industrial building which will retain its industrial zoning.

·         Site plan applications will need to be submitted for review and approval with redevelopment or development of each lot. Site plans must meet seven findings, including compatibility with adjacent land uses and efficiency of traffic flow.

·         The plat is subject to conformance with the East Lawrence Neighborhood Plan and East Lawrence Neighborhood Revitalization Plan.

·         The final plat is in conformance with the preliminary plat for 8th and Pennsylvania Neighborhood Redevelopment.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         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.

·         PP-01-04-06: Preliminary Plat for 8th & Pennsylvania Redevelopment.

·         Z-12-80-05: Urban Conservation Overlay District for 8th & PA. [On February 23, 2006, the Historic Resources Commission recommended approval of the Design Guidelines for the 8th and Penn. Neighborhood Redevelopment Zone. On December 15, 2006, the Historic Resources Commission recommended approval of the Urban Conservation Overlay District for 8th and PA.]

·         CPA-2005-05: Amendment to Horizon 2020, Chapter 6 – to address mixed use development in redevelopment areas.

·         Five buildings within the area to be rezoned have been listed on the State Register of Historic Places are being considered for placement on National Register of Historic Places.

·         Acceptance of easements by the City Commission.

·         Recordation of the final plat at the Register of Deeds Office.

 

GENERAL INFORMATION

Current Zoning and Land Use:

M-2 (General Industrial) and M-3 (Intensive Industrial) Districts; office, residential and industrial uses. [C-5 zoning is being considered for Blocks A and C.]

 

Surrounding Zoning and Land Use:

M-2 (General Industrial) and M-3 (Intensive

 

Industrial) Districts to the north; vacant land and offices.

 

M-2 (General Industrial) District to the south; drinking establishment and bus storage.

 

M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the east; industrial uses and rail lines.

 

M-2 (General Industrial) and RM-2 (Multiple-family Residence) Districts to the west; bus storage and duplex residences.

 

Site Summary

Number of Lots:                 7       

Minimum Lot Area:              0.37 acre               

Maximum Lot Area:             1.88 acres    

Average Lot Area:               0.78 acre               

Gross Area:                       5.7 acres                

Right-Of-Way:                    1.04            

Net Lot Area:                     5.48 acres

 

STAFF REVIEW

The subject property is located in East Lawrence, between 8th and 9th Streets and east of New Jersey Street. The following applications are also being considered with the subject plat application: rezoning from the M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the C-5 (Limited Commercial) District, preliminary plat, Urban Conservation Overlay District (UCD) and Design Guidelines, and Horizon 2020 amendment. The Design Guidelines associated with the Urban Conservation Overlay District will govern the project’s lot area and setback requirements, parking and paving standards, and other elements of the project. The C-5 zoning is needed to allow for a mix of uses, and the comprehensive plan amendment will allow for Mixed-Use Redevelopment Centers. It is important to note that five buildings within the project area have been listed on the State Register of Historic Places and are being considered for listing on the National Register of Historic Places. Once the subject plats, rezoning, Urban Conservation District, and Horizon 2020 amendment have been approved, the applicant will be able to proceed with site plan applications for the platted and C-5 zoned lots. A site plan for a northern portion of Lot 3, Block A and a southern portion of Lot 4, Block A was approved by the City Commission on May 10, 2005. The existing building includes a law office.

 

The areas identified in the subject final plat and associated preliminary plat and rezoning request represent a portion of a larger project for the 8th and Pennsylvania Street area. Additional parcels along the western side of Pennsylvania Street and north of 8th Street will be rezoned and platted, as applicable, in the future. Site plan applications will need to be submitted for development or redevelopment of these properties. Lot 1, Block B will retain its industrial zoning in order to allow for continued industrial use of the property.

 

 

 

Street Rights-of-Way

No new rights-of-way are being dedicated for 8th, Pennsylvania, or 9th Streets. 60 feet of right-of-way are being dedicated for the extension of Delaware Street, which will extend from 8th to 9th Street.

 

Sidewalks will be provided along the eastern and western sides of Pennsylvania and Delaware Streets, as well as along the southern side of 8th Street. Pedestrian easements should be shown on the final plat where sidewalks are not required per City Code. Additional sidewalk portions will need to be provided with site plan or plat applications for parcels north of 8th Street and along the western side of Pennsylvania Street. Internal pedestrian access will be further evaluated with each site plan submittal.

 

Access

The parcels will take access from Pennsylvania Street, Delaware Street (extended), and the associated alleyways. Alleys exist to the east of Lots 1, 2, and 3, Block A, and to the west of Lot 1, Block C. The land use plan in the Design Guidelines indicates that parking for the parcels east of Pennsylvania Street (Block A) will include parking off the alleyway. However, on-street parking will also be available for patrons. Lot 1, Block C will include access to the parking lot from Pennsylvania Street. Regarding development along the western side of Pennsylvania Street, the Design Guidelines state the following: “Parking for commercial, retail and mixed-uses shall be served from a public street in lieu of an alleyway.” (page 67)

 

The Traffic Impact Study indicates that the project may contribute to the need for future improvements to the intersections of 9th and Connecticut Streets and 11th and Delaware Streets. Therefore, as a condition of approval, Agreements Not to Protest Improvements to the intersections of 9th and Connecticut Streets and 11th and Delaware Streets will be required to be submitted.

 

Infrastructure

Water/Stormwater - Municipal water lines exist within the rights-of-way of 8th, 9th, Pennsylvania and extended Delaware Streets. The project will require some waterline relocation, therefore, waterline plans will need to be submitted and approved prior to the project being released for building permits.

 

Storm sewer pipes are located within the rights-of-way of 8th, 9th, and Pennsylvania Streets. The project will not be released for building permits until public improvement plans have been submitted for review and a Stormwater Pollution Prevention Plan (SWP3) has been approved for the project. Construction activity, including soil disturbance or removal of vegetation, should not commence until such approval.

 

Sanitary Sewer - This plat is located within the Kansas River-5 (KR-5) sanitary sewer sub-basin. Sanitary sewer mains exist within the rights-of-way of 8th and Delaware (extended) Streets and the easternmost alleyway. At the time of staff report printing, a downstream wastewater analysis had been submitted to the City Utilities Department, but had not been evaluated for approval. The applicant will need to receive approval of this analysis by the City’s Utilities Department prior to scheduling of the final plat on the City Commission’s agenda for acceptance of easements and rights-of-way.

 

 

 

Easements

Several easements are being added and vacated with the subject plat. 10-foot wide utility easements will be dedicated along the eastern side of Lot 1, Block A, the western side of Lots 4 and 5, Block A, and the southern side of Lot 1, Block B. Existing 10 and 15-foot wide utility easements within the proposed extension of Delaware Street and along the western side of Lot 1, Block B will be vacated with the plat. An existing permanent non-exclusive easement for waterline and sanitary sewer line with right of ingress and egress at the southern edge of Lot 1, Block B will be retained with the project.

 

Summary

Once the conditions of approval have been met, the final plat will conform with the Zoning Ordinance and Subdivision Regulations.