PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

07/26/06

ITEM NO. 9:              PRELIMINARY DEVELOPMENT PLAN FOR MIRACON PLAZA;                                             NORTHEAST CORNER OF WAKARUSA DRIVE & CLINTON                                                   PARKWAY (LAP)

 

PDP-01-03-06: Revised Preliminary Development Plan for Miracon Plaza. This proposed planned commercial development contains approximate 5.05 acres and proposes a convenience store, commercial/office building, 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. This item was deferred from the March Planning Commission meeting.

 

STAFF RECOMMENDATION: Staff recommends approval of the revised Preliminary Development Plan for Miracon Plaza and forwarding the application to the City Commission with a recommendation for approval, subject to the following conditions:

1.      Submittal and approval of a Downstream Sanitary Sewer Analysis.

2.      Submittal of a waterline depth survey to the City Utilities Department, as the 24-inch waterline along Wakarusa Drive may need to be lowered or relocated due to the widening of the roadway.

3.      Revision of the plan to include the following:

a)     On sheet 2, replacement of “10’ u/e and a/e” with “10’ u/e and p/e”.

b)     A note, stating that the detention pond will be privately-owned and maintained. The developer is responsible for establishing ownership and maintenance of the detention area via individual owner maintenance.

c)      Retention of right-of-way near the main curb cut off Wakarusa Drive for a future transit shelter and pad.

d)     Redesign of the median within Wakarusa Drive to lengthen the median and provision of a northbound left-turn lane onto Wakarusa Court.

e)     Site furnishings at retail entryways.

f)       The height of all retaining walls.

g)     A note, stating An Agreement Not to Protest the Formation of a Benefit District for the construction of traffic signals and intersection improvements at Wakarusa Drive and Wakarusa Court is required as a condition of Final Development Plan approval.

h)     Revision of General Note #25 to correct the spelling of “easement”.

i)        A note, stating that all site and public infrastructure improvements will be completed prior to occupancy of the first completed building.

 

 

Reason for Request:

To develop a 23,300 gross square foot commercial project on the northeast corner of Wakarusa Drive and Clinton Parkway.

 

 

KEY POINTS

·        A rezoning of this property from the PCD-2 District to the PCD-2 District with additional uses was denied by the City Commission on May 2, 2006. The associated Preliminary Development Plan was deferred from the March 13, 2006 Planning Commission meeting to allow for a revised plan which meets the parameters of the site’s existing PCD-2 zoning.

·        The subject plan has been designed within the parameters of the site’s existing PCD-2 zoning.

·        The Preliminary Development Plan has been reviewed for consistency with the Commercial Design Guidelines.

 

 

FACTORS TO CONSIDER

  • The project is generally compliant with the purpose and intent of Planned Unit Developments (Section 10-1001).

 

 

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.

·         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). This application was recommended for denial by the Planning Commission on 3/13/06 and denied by the City Commission on 5/2/06.

  • Approval of the Preliminary Development Plan by the City Commission is required.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • A letter of support was submitted by Bryan Sanders, neighbor.
  • A letter of support was submitted by Amy Peuser, owner of Clinton Parkway Nursery.
  • A letter of support was submitted by Wayne Osness, general partner of Parkway 6000.

 

GENERAL INFORMATION

Current Zoning and Land Use:           PUD (Planned Development) (formerly PCD-2) District with limited uses; undeveloped land.

 

Surrounding Zoning and Land Use:    RMO (Multi-Dwelling Residential-Office) (formerly RO-1) District to the north; residential duplexes.

 

PUD (Planned Development) (formerly PRD-2 and PCD-2) District to the south and west; multi-family residences and commercial uses, respectively.

 

RS7 (Single-Dwelling Residential) (formerly RS-2) District to the east; single-family residences.

 

Site Summary

Number of Lots:                 3 Lots

Site Area:                          5.05 acres (219,791 s.f.)

Pervious Area:                    2.59 acres (112,718 s.f.)

Impervious Area:                2.46 acres (107,073 s.f.)

Parking Required:                81 spaces

Parking Provided:                 131 spaces

 

STAFF ANALYSIS

The proposed project is located the northeast corner of Wakarusa Drive and Clinton Parkway. The applicant proposes the construction of 23,300 gross square feet of commercial and office space, with 12,700 square feet of dedicated commercial space. The proposal includes a convenience store with four pump islands, two-story office/commercial building with drive-through bank bays and unidentified drive-through service, and restaurant.

 

A previous Preliminary Development Plan for this site was deferred from the March 13, 2006 Planning Commission meeting to allow for a revised plan which meets the parameters of the site’s existing PCD-2 zoning. The previous plan differed from the subject development plan in that it included a single-bay car wash, an additional pump island, and an additional 6,166 gross square feet of commercial space.

 

The proposed Preliminary Development Plan for Miracon Plaza has been evaluated based upon the following findings of fact and conclusions outlined in Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence:

 

1)     In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.

 

Staff Finding The proposed commercial and office development is situated at the intersection of Wakarusa Drive and Clinton Parkway, which is designated as a Neighborhood Commercial Center. Regarding such centers, the Comprehensive Plan states the following, “Commercial development shall not … extend into the surrounding lower density residential portion of the neighborhood.” Horizon 2020 also states that adequate buffering for surrounding less-intensive uses should be provided. The subject development plan conforms with these recommendations in that the development does not extend into surrounding residential areas and includes adequate buffering to the north and east. Buffering is accomplished via a minimum 100-foot wide drainage easement and existing and proposed landscaping.

 

Regarding the subject intersection, Horizon 2020 does not recommend expanding commercial uses beyond the existing commercially zoned property. The development plan is in conformance with its existing PUD (formerly PCD-2) zoning and includes not only commercial uses, but also office uses.

 

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 1002 of the Zoning Ordinance.]

 

Staff FindingThe proposed development complies with the four stated objectives for planned unit developments. Specifically, the subject site is considered infill development and will be served by extensions of existing utilities. As a condition of approval, a Downstream Sanitary Sewer Study will need to be submitted and approved by the City Utilities Department. Additionally, a depth study will need to be conducted for the 24-inch waterline along Wakarusa Drive to determine whether the line needs to be relocated or lowered due to the widening of the roadway. The property, which is uniquely shaped and poses topographical challenges, has been designed to maximize land area while also maintaining adequate vehicular flow.

 

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.

 

Staff FindingSection 20-1008 of the City’s Zoning Regulations encourages applicants of Planned Commercial Developments to set aside 20% of the land area devoted to commercial uses for open air and recreational uses. The site includes a substantial drainage easement and landscaping in excess of the minimum requirements. 5,586 square feet of interior greenspace are required, while 15,029 square feet are being provided. Additionally, 38 site trees are required, and 113 trees are being provided. This figure excludes the 28 required street trees that will also be planted. In addition to the new trees that will be planted, trees along the southern edge and when feasible elsewhere will be retained with the project.

 

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 note has been included on the Preliminary Development Plan, stating a revised final plat of the property will be submitted, which will include new and relocated utility and drainage easements. As the existing site includes a single lot, the re-plat is also necessary to create three proposed lots from one lot. The convenience store is included in Lot 1, the commercial/office building is included in Lot 2, and the restaurant is included in Lot 3.

 

A Downstream Sanitary Sewer Study has not been submitted for this project. However, final approval of the Preliminary Development Plan is contingent on the submission and approval of a wastewater analysis by the City Utilities Department. Regarding waterlines, a depth study should be conducted for the 24-inch waterline along Wakarusa Drive to determine whether the line needs to be relocated or lowered due to the cutting associated with the widening of the roadway.

 

An Agreement Not to Protest the Formation of a Benefit District for the construction of traffic signals and intersection improvements at Wakarusa Drive and Wakarusa Court is required as a condition of Final Development Plan approval. As a condition of approval for the subject development plan, the median within Wakarusa Drive should be extended and a northbound left-turn lane should be added.

 

Per the recommendation of the City’s Transit Administrator, right-of-way along Wakarusa Drive should be set aside in order to allow for a future transit shelter and pad. As a condition of approval, this future transit stop should be noted on the plan, along with the associated right-of-way.

 

Sidewalks are shown throughout the site and are proposed to connect with the sidewalk along Wakarusa Drive. The sidewalk along Wakarusa Drive is proposed for reconstruction in order to meet city standards for a 6-foot wide sidewalk along an arterial.

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 Due to the existing minimum 100-foot wide drainage easement, proposed vegetation, and existing vegetation to remain, residential uses located to the north and east should be properly buffered from the project. Additionally, the project proposes to locate the fuel pumps and other drive-thorough services away from the rear of the property and subsequent residential properties. While the project is proposed to generate additional traffic, Wakarusa Drive and Clinton Parkway are principal arterials.

 

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 of the Zoning Ordinance and Preliminary Development Plan requirements are listed in Section 20-1010.]

 

Staff Finding - The proposed development plan complies with the general development standards and plan requirements for a planned unit development. Specifically, the project meets density and dimensional standards for the site’s PUD (formerly PCD-2) zoning.

 

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 FindingThe proposed plan complies with the development standards and criteria for a planned unit development. Specifically, the plan conforms with the “Statement of Objectives for Planned Unit Developments”, elements of Horizon 2020, and density and dimensional standards for planned unit development projects.

 

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.

 

Staff Finding All site and public infrastructure improvements should be completed prior to occupancy of the first completed building. A note should be included on the plan, stating that such improvements will be completed prior to occupancy.

 

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

 

Staff FindingThe proposed development has been approved by the City’s Stormwater Engineer. As a condition of approval, a note should be included on the plan, stating that the detention pond will be privately-owned and maintained. The developer is responsible for establishing ownership and maintenance of the detention area via individual owner maintenance.

 

Staff Review

A final development plan, which included 51,630 gross square feet of commercial/office uses, was approved for the subject site in 1998. However, as no action was taken on the development plan within 18 months of its approval, the plan was deemed null and void. A rezoning to PCD-2 District with limited uses was also approved in 1998. The subject Preliminary Development Plan has been designed within the confines of the existing PUD (formerly PCD-2) zoning for the property.

 

Use Restrictions

The site’s PUD (formerly PCD-2) zoning allows for a limited amount of commercial/retail space (12,700 square feet), and does not allow for uses within 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 PUD (formerly PCD-2) zoning. Use Group 12 is an allowable use group, which includes food convenience store with gasoline sales and banks. Use Group 11 includes restaurants.

 

Rights-of-Way

No new rights-of-way are being dedicated for Wakarusa Drive or Clinton Parkway, as the existing rights-of-way are sufficient to meet the minimum requirement for principal arterials within the city limits. However, per the recommendation of the City’s Transit Administrator, Wakarusa Drive right-of-way should be preserved for a future transit stop. Changes to Wakarusa Drive include the widening of the roadway, addition of a left-turn lane onto Wakarusa Court, reconstruction of the median and reconstruction of the sidewalk abutting the subject property to a minimum of six feet wide.

 

Access/Parking

Two access points will be constructed for the project – the northern access point will accommodate right-out only turns, while the center access point includes full access with an island. Regarding parking, 81 total spaces are required, and 131 spaces are proposed. Six accessible and 18 bicycle parking spaces are also be provided.

 

Commercial Design Guidelines

The plan was reviewed for its consistency with the Commercial Design Guidelines. As these guidelines have not yet been adopted by the City Commission, staff cannot require the applicant to include these elements in the plan. However, the following elements, among others, have been incorporated into the subject plan: the 3,850-square foot restaurant has been placed at the corner of Wakarusa Drive and Clinton Parkway in a manner that frames the intersection and includes landscaping, walkways across aisle drives have been defined in four locations, site furnishings will be provided at retail entrances, landscaping is provided along internal pedestrian walkways, an adequate number of street trees has been provided, and landscaped islands comprise at least 160 square feet each. The site furnishings the applicant has agreed to provide should be noted on the plan as a condition of approval. Also, although pedestrian routes crossing access aisles have been noted in four locations, additional opportunities exist for demarcation of pedestrian routes.

 

The following items are under consideration by the applicant: including native building materials for at least 30% of each building exterior, providing exterior building materials within 9 inches of finished grade, designing downspouts as an architectural feature of the building, providing irrigation for landscaped areas, and providing weather protection within 30 feet of customer entryways.

 

The applicant considers the following elements as impractical or not suitable: terracing retaining walls which exceed five feet in height, adding pedestrian-scaled lighting along walkways, adding a focal point within a 200-foot radius of the intersection, providing internal walkways which are a minimum of 8-feet wide, utilizing permeable surfacing for at least 50% of the parking spaces which exceed the minimum requirement, including buildings along 60% of the street frontage, and preservation of at least 20% of existing trees.

 

While several elements of the Commercial Design Guidelines pose challenges due to site limitations of topography and size, according to staff, the following elements could be incorporated into the plan: irrigation for landscaped areas, pedestrian-scaled lighting along walkways, a focal point within 200 feet of the intersection, weather protection within 30 feet of customer entryways, preservation of 20% of existing trees, delineation of additional pedestrian routes across drive aisles, design of downspouts as an architectural feature of the building, and native building materials for 30% of each building exterior.

 

The application generally conforms with the goals and policies of Horizon 2020 and, therefore, staff recommends approval of the project.