Memorandum

City of Lawrence

Planning Department

 

To:

David Corliss, City Manager

From:

Lisa Pool and Lynne Zollner, City/County Planning Staff

CC:

Debbie Van Saun, Assistant City Manager

Sheila Stogsdill, Interim Planning Director

Date:

October 17, 2006

RE:

8th and Pennsylvania Streets Redevelopment Project Status Update

 

On August 8, 2006, the Lawrence City Commission voted to approve several elements of the 8th and Pennsylvania Streets Redevelopment Project. Planning staff sent an action letter to the applicant on August 10, 2006, outlining City Commission action and conditions of approval for each planning aspect of the project. On September 29, 2006, City staff met with the applicant to discuss unfulfilled conditions of approval and the next steps of the development process. Below is a status update for the conditions of approval associated with the project’s planning elements, i.e. the Urban Conservation Overlay District and associated Design Guidelines, Preliminary Plat, Final Plat, and C-5 rezoning request, and the Neighborhood Revitalization Act plan for the area.

 

The City Commission voted 4-1 to approve Z-12-80-05: Urban Conservation Overlay District for 8th and Pennsylvania Streets, subject to several conditions for the associated Design Guidelines, which are listed below. The strikethrough notation indicates which conditions have been fulfilled to date:

 

Lot Area and Yard Regulations

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) The applicant has added 1.360, but it should be revised to 1,360 square feet.

5.      No setbacks, but language should be included which states that, during the site plan review process, City planning staff may deem setbacks necessary to mitigate impacts. (page 12)

6.      No lot depth, as Lot 1, Block B exceeds the proposed 120-foot lot depth maximum by 16 feet. (page 12)

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.  The following parking requirements should be utilized: (page 13)

a.      1 space per 250 square feet for food-related uses or 1 space per each 1.5 employees, whichever results in the greater number of required spaces.

b.      1 space per 500 square feet for other non-residential uses or 1 space per each 1.5 employees, whichever results in the greater number of required spaces.

c.      For residential units with 2 bedrooms or more, 2 spaces per unit.

d.      For residential units with less than 2 bedrooms, 1 on or off-street space per residential unit.

e.      Accessible spaces will be provided in accordance with the Americans with Disabilities Act Accessibility Guidelines.

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, include non-reflective, non-swivel heads mounted at a 45-degree angle, and be confined to net acreage.

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.

Draft Land Development Code

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.

 

 

Land Use Allocation

19. As the Design Guidelines include the provision that retail uses should be limited to a maximum of 25% of the net floor area for the UCO District, the guidelines should include a map/table outlining estimates of retail square footages and projected desired percentage of retail uses within the UCO District. This information is needed to track the percentage of utilized and available retail space within the development.

Revisions suggested by K.T. Walsh

20. The Commission directed staff to review the revisions suggested by an East Lawrence resident, K.T. Walsh. If deemed appropriate and not substantive, the suggestions should be incorporated into the guidelines.

 

Additionally, the City Commission voted 4-1 to approve Z-01-01-06: A request to rezone 5.49 acres from M-2 and M-3 to C-5 between 8th and 9th and New Jersey and Delaware Streets, subject to the following conditions:

1.  Filing of the final plat at the Register of Deed’s Office.

2.  Restriction of certain noxious uses.

 

With a 4-1 vote, the City Commission accepted rights-of-ways and easements for PF-01-03-06: Final Plat for the 8th and PA Neighborhood Redevelopment, 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:

    1. 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.

The Lawrence-Douglas County Metropolitan Planning Commission is the ultimate governing body for Preliminary Plats, unless appealed. As such, on March 15, 2006, the Planning Commission approved PP-01-04-06: Preliminary Plat for the 8th and PA Neighborhood Redevelopment, subject to the following conditions:

1.      Revision of the plat to include the following:

a.      Notation of the construction of new sidewalks along the eastern and western sides of Pennsylvania and Delaware Streets and along the southern side of 8th Street. These sidewalks should be a minimum of five feet in width.

b.      Provision of pedestrian easements along one side of Pennsylvania and Delaware Street and along the southern side of 8th Street.

c.      Notation of a future transit stop on the west side of Delaware Street, as noted in the Design Guidelines.

d.      Notation of project gross acreage and acreage within each zoning district within the Site Summary.

 

To move forward with approval of site plans for specific portions of the Overlay District (only those that are pending C-5 rezoning and platting), the Design Guidelines and Preliminary and Final Plats need to be revised by the applicant to meet the conditions of approval. Additionally, recording documentation, fees, agreements not to protest benefit districts, and public improvement plans should be submitted prior to final plat recordation.

 

Regarding the rezoning applications, the Urban Conservation Overlay District and C-5 rezoning ordinances will be placed on the City Commission’s agenda for first and second readings once the Design Guidelines have been revised to meet the conditions of approval and once the final plat has been filed. The details of the parking requirements within the Design Guidelines (condition #10) will be considered by the City Commission when the Urban Conservation Overlay District rezoning ordinance is considered on first reading. Restriction of specific noxious uses from the C-5 District for this project (condition #2) will be considered by the City Commission when the C-5 rezoning ordinance is considered on first reading.

 

The Legal Department is preparing the necessary documents for the Neighborhood Revitalization Act (NRA) implementation.  A draft revitalization plan, referencing the pending land use approvals, has been prepared.  Additionally, a draft developer agreement has been prepared.  A key component to both the plan and the developer agreement is that the NRA property tax rebates to the property owners in the 800 Penn. Development area will only occur as the phases of the redevelopment occur and that the total property tax rebates will not exceed the total amount spent by the developer on the planned improvements for the area:  the extension of Delaware Street; the storm water improvements; the rehabilitation of the 800 block of Pennsylvania to brick; and the construction of the private parking lot off of the new 800 block of Delaware.