Memorandum

City of Lawrence

Planning Department

 

TO:

Lawrence-Douglas County Planning Commission

FROM:

Planning Staff

CC:

Sheila Stogsdill

Date:

September 27, 2006

RE:

September 27, 2006 Agenda Item No. 14: PDP-08-08-06; Mercato N of Hwy 40 & E of Hwy K-10

 

 

Staff received correspondence from the applicant’s representative and the applicant regarding the conditions of approval. This Memo is a response to that correspondence and includes revised conditions. Attached with this memo are the revised conditions.  The underlined text is added, and the struck-through text is deleted.

 

Condition 1.  The applicant’s representative requested that the streets to be included in the Benefit District be named.

 

The condition has been revised to include the street names.

 

The applicant’s representative asked that the requirement to execute an agreement not to protest the creation of a benefit district for municipal utilities to be removed.

 

The City Utilities Engineer indicated that the Benefit District for the Mercato Development was being redistributed to accommodate the 17 acres that was recently annexed. This area was not part of the original benefit district, but flow is proposed to be pumped to the pump station.  Based on this information, the agreement not to protest the creation of a benefit district for municipal utilities shall remain a condition of approval.

 

Condition 3(b). The applicant’s representative asked that the 2nd sentence be removed from this condition: “A condition of the permit will be that the developer takes financial and physical responsibility for closure of the frontage road.” City cannot determine the conditions that will be imposed on KDOT permits.

 

This language was provided by KDOT in a letter dated February 13, 2006. The complete paragraph from KDOT’s letter reads: “For clarification purposes, KDOT will require that the developer take financial and physical responsibility for closure of the frontage road as a permit condition. Removal of the frontage road connection to US-40 should follow immediately upon completion of Overland Drive to the frontage road, which should be scheduled for Phase 1 of the development. This permit condition should also be reflected in the Plat, Development Plan, or other documents of public record. The remaining portion of the frontage road, and the responsibility for that road, will be given to the City of Lawrence.”  KDOT has recommended that this language be included on plats and development plans and other documents of public record. For this reason the 2nd sentence will not be deleted from this condition; however for clarification it will state that KDOT has requested that this information be provided on the plan.

 

Condition 3(l) Per discussions with City Engineering Staff, reference to Overland Drive is being removed from Condition 3(l). This condition is being revised to the following 2 conditions which will affect the numbering of subsequent conditions:

 

3(l) Staff recommends the submittal of additional TIS data that analyzes turning movements on Mercato Drive. This information will assist Staff in making the determination on the number of lanes required on Mercato Drive.

 

3(m) Execute an Agreement Not to Protest the Formation of a Benefit District for Mercato Drive for future expansion in the event the road is constructed with 2 lanes and the future traffic data demonstrate a need for a middle turning lane or left hand turning lanes.

 

 

Commercial Design Standards and Guidelines Review Conditions:

 

The applicant is concerned that Condition 11, requiring that 1/3 of all plantings must be evergreens is relating to the street trees or trees provided on site.   The City Landscape Supervisor indicated that street trees would be excluded from this requirement, but that all other plantings on site would be included. The condition will be revised to indicate that street trees are excluded. Revised recommendations from the Staff Report and Commercial Design Standards Review follow. The deleted text is struck-through and the added text is underlined.

 

 

STAFF RECOMMENDATION: Planning Staff recommends approval of the Mercato Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1.       Execution of an agreement not to protest the formation of a benefit district for municipal utilities and street improvements to Overland Drive between George Williams Way and the frontage road; George Williams Way from West Sixth Street to Overland Drive; Mercato Drive; and Mercato Way; (to be executed by all property owners within the PCD).

2.       Loading area for Lot 3 Block One may be unworkable. It must be confirmed that adequate room exists for truck traffic and maneuvers without affecting vehicular or pedestrian traffic or the loading area must be relocated.

3.       Provision of a revised Preliminary Development Plan to include:

a.    note stating that all property owners of all properties waive their right to approve or disapprove any alterations or modifications to the preliminary development plan per Section 20-1011(f) of the City Code, if that is the intent of the applicants;

b.    note stating that a ‘Use of Right-of-Way’ permit must be obtained from KDOT before any work may be done within the highway right-of-way. KDOT has requested that the following information be provided on the plan: A condition of the permit will be that the developer takes financial and physical responsibility for closure of the frontage road;

c.     note which identifies ownership and designates responsibility for maintaining the open areas;

d.    a note stating that no other buildings, beyond those specified for retail commercial use in Phase I and II on this plan’s summary table are allowed to be developed with retail commercial uses;

e.    note that additional pedestrian connections to the development on the west will be added when the property to the west has developed;

f.      note 16 must be revised to read: No building permits will be issued until the completion of either George Williams Way or Overland Drive to the subdivision;

g.    note added to the plan identifying the building with more than 40,000 GSF which will be a single store building;

h.    note added that all rough grading will be completed to the degree necessary to facilitate stormwater management and installation of utilities in Phase I.

i.      correct current zoning designations;

j.      the phasing schedule must include a time schedule for applications for final approval of all phases;

k.     revised phasing schedule to show that the detention basin will be constructed with Phase I of the development;

l.      Mercato Drive and Overland Drive must be revised with 3 lanes of traffic with center turn lane. If a revised TIS shows 3 lanes are not warranted, this condition will be removed.

Staff recommends the submittal of additional TIS data that analyzes turning movements on Mercato Drive. This information will assist Staff in making the determination on the number of lanes required on Mercato Drive.

m.  Execute an Agreement Not to Protest the Formation of a Benefit District for Mercato Drive for future expansion in the event the road is constructed with 2 lanes and the future traffic data demonstrate a need for a middle turning lane or left hand turning lanes

n.    Shared access easement between Lots 1 and 2 of Block One, and Lots 2 and 3 of Block Two,  to provide access in the event of property ownership change.

o.    The driveway between Lot 3 Block One, and the shared driveway between Lots 2 and 3, Block Two must be offset;

p.    fire hydrant locations must be added to the plan per Fire Inspector’s requirement;

q.    pedestrian connection from the southern boundary of the development to the walkway along W 6th Street, if possible with the grade change;

r.     open space summary must be revised to reflect the amount of common open space, rather than all pervious surface per lot;

s.     the common open space must be marked on the plan and the total area noted;

t.      Lot 1, Block Two must be reconfigured to remove the parking area and dumpster from the peripheral boundary; and

u.    the 10’ pedestrian/bike path must be extended from its point of exit on George Williams Way southward along the west side of George Williams Way to the W 6th Street and George Williams Way intersection to allow bicyclists to connect to the 10’ path along W 6th Street.

v.     15’ drainage easement located in northwest corner of parking lot in Lot 1, Block One must be removed or relocated, per City Stormwater Engineer’s approval.

 

COMMERCIAL DESIGN STANDARDS & GUIDELINES REVIEW

STAFF RECOMMENDATION

Staff recommends the following conditions of approval be applied to the Mercato Preliminary Development Plan as a result of the Commercial Design Standards and Guideline Review:

1)      The plan must be revised to show the dimensions included in the focal points, entry and intersection features.

2)      All areas proposed for streetscape treatment must be marked on the plan with dimensions listed to equal 60% of the street frontage.    

3)      The plan must show the sidewalk adjacent to the west side of the building on Lot 3 Block One being extended to the center pedestrian path with a notation that it will be extended if possible with the grade change;

4)      The driveways between Lot 3, Block One and the shared drive between Lots 2 and 3, Block Two must be offset to reduce possible vehicle conflicts;

5)      Staff recommends extending the center 10’ pedestrian/bicycle path from its terminus on George Williams Way south  to W 6th Street, to provide connection with the pedestrian/bicycle path on W 6th Street.

6)      The plan must be revised to relocate the access aisle so it is not adjacent to the building, or design features must be provided which will reduce the possibility of vehicle/pedestrian conflict. If the main access aisle is to remain adjacent to the building it must include design features, such as raised surfaces, bulb outs, etc which would accomplish the goals of the Commercial Design Standards.

7)      The applicant will provide a summary of the amount of interior parking lot landscaping provided in Lot 1, Block One and Lot 5, Block Two and Staff will determine the amount of additional interior parking lot landscaping required to meet the goals of the Commercial Design Standards.  The plan must be revised to reflect the additional interior landscaping for Lot 1, Block One in addition to the 15% of interior landscaping required by the Zoning Ordinance.

8)      Staff recommends increasing pedestrian access through the parking lot of Lot 1, Block One by either providing two walkways, with one being in the southern portion of the lot or to provide one more centrally located pedestrian accessway which would line up with the crosswalks across Mercato Drive.

9)      Any portion of the building facades with pedestrian walkways, that does not have an arcade or other similar feature will need to provide an 8’ area for foundation plantings.

10)   The plan must be revised to demarcate the areas set aside as ‘public space’. 21,297 sq. ft. of public open space is required.

11)   A note must be placed on the landscaping plan stating that 1/3 of the plantings must be evergreens. Street Trees are excluded from this requirement.