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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
08/30/06
ITEM NO. 22B: PCD-2 to PCD-2; 15.8 ACRES; 6th & WAKARUSA (LAP)
Z-06-16B-06: A request to rezone a tract of land approximately 15.8 acres from PCD-2 (Planned Commercial Development) to PCD-2 (Planned Commercial Development with revised use restrictions). The property is located at 6th Street & Wakarusa. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 15.8 acres from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District (with revised use restrictions) and forwarding it to the City Commission with a recommendation for approval based on the findings of fact outlined in the staff report and subject to the following conditions: 1. The total commercial retail space on the subject property shall not exceed 128,000 gross square feet. 2. The garden center shall not exceed 6,500 square feet. 3. No one single commercial retail use shall occupy more than 99,990 gross square feet of space. 4. Only the permitted uses listed on the attached “Permitted Uses” sheet will be allowed. 5. Filing of a Final Development Plan at the Register of Deeds’ Office. 6. Filing of a Final Plat at the Register of Deeds’ Office. 7. Revision of the Retail Market Study per approval of City staff. |
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Reason for Request: |
To rezone a 15.8-acre piece of property from PCD-2 zoning to PCD-2 zoning with use and revised commercial space restrictions. |
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KEY POINTS · The application was submitted prior to July 1, 2006. Therefore, the project is being reviewed under the City’s previous Zoning Regulations.
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GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
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ASSOCIATED CASES/OTHER ACTION REQUIRED
· Z-06-16A-06: A request to rezone a tract of land approximately 2.21 acres from PRD-2 (Planned Residential Development) to PCD-2 (Planned Commercial Development with revised use restrictions). · City Commission approval is required. If approved, the rezoning ordinance will need to be placed on a City Commission agenda twice and published in a local newspaper.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
PRD [Wakarusa Place] (formerly PRD-2) District; undeveloped land.
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Surrounding Zoning and Land Use:
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OS (Open Space) (formerly A) District to the north; City parkland.
RMO (Multi-Dwelling Residential-Office) (formerly RO-1A) and PCD [Wakarusa Crossing] (formerly PCD-2) Districts to the south; multi-family and commercial uses.
PCD [NE corner 6th & Wak] (formerly PCD-2) and OS (Open Space) (formerly A) Districts to the east; undeveloped property and site of a pending mixed-use development project.
PRD [Village Meadows] (formerly PRD-2) and CO (Office Commercial) (formerly O-1) Districts to the west; site of a pending retirement community. |
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
Staff Finding – The project area is surrounded by OS (Open Space), RMO (Multi-Dwelling Residential-Office), PCD (Planned Commercial Development), PRD (Planned Residential Development) District, and CO (Office Commercial) zoning. City parkland, multi-family and commercial uses, and undeveloped property surround the subject site. Pending projects include a mixed-use project to the east and a retirement community to the west.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located on the northwest corner of W. 6th Street and Wakarusa Drive. The area is characterized by a mix of residential, commercial, and office uses, as well as City parkland and undeveloped property.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is currently zoned PCD [Wakarusa Place] (formerly PCD-2) District. The applicant proposes to rezone the property to the PCD-2 (Planned Commercial) District with use and revised commercial space restrictions. The subject rezoning request includes Use Groups 7, 9, 9A, 11, as well as restricted uses in Use Groups 12, 13, 14, and 15 (see attached “Permitted Uses” list). The list of permitted uses is not being modified from the existing list of permitted PCD-2 uses for the site. The request also includes limits of 128,000 gross square feet of total commercial retail space, 6,500 square feet for a garden center, and 99,990 gross square feet for a single commercial retail use.
Staff Finding – Approval of the rezoning request would restrict a single commercial use to 99,990 gross square feet, which is 19,990 square feet more than permitted per the site’s existing zoning. The request would also restrict the total commercial retail space to 128,000 square feet, which is 26,000 square feet less than allowed per the site’s existing commercial zoning. Allowable uses are not requested for modification with the associated rezoning requests. The proposed Wal-Mart building is permitted with the site’s current PCD-2 zoning, as it is considered a department store. While the uses for the outparcel buildings are not noted on the plan, it is expected that these buildings will include commercial uses that are permitted per the existing and requested PCD-2 zoning. As the rezoning request seeks to reduce, not increase, the amount of commercial space on the subject site, the request is appropriate.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The project area is undeveloped, and has included the existing PCD-2 zoning with use restrictions since 2004, following the adoption of the 2003 Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Residential properties are located to the southwest of the project, across W. 6th Street, and to the northwest, across Overland Drive. City parkland is located directly north, and Free State High School is located northeast of the project. Pending projects include a mixed-use development to the east and a retirement community to the west.
While the commercial project is proposed to generate additional traffic, Wakarusa Drive and W. 6th Street are principal arterials. A traffic signal will be installed at the Congressional Drive and W. 6th Street intersection to aid in vehicular flow to and from the site. An Agreement Not to Protest Improvements to the Intersection of Overland and Wakarusa Drives will be required with the Final Development Plan.
The underground detention area and loading zone proposed to the north of the Wal-Mart store will provide a buffer area between the Wal-Mart store and Overland Drive, a collector street. Lot 2A, Block 2 and Lot 1, Block 2 are not proposed for development as part of the subject project, thus providing opportunities for additional buffering to the north and east. All site lighting will be shielded to prevent off-site glare and landscaping that exceeds City standards will be provided. As the subject intersection corner is designated as appropriate for retail commercial use, the subject project should not substantially adversely affect adjacent properties.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Staff Finding – A rezoning of this property to the PCD-2 District with use and revised commercial space restrictions would not provide a tangible benefit to the public health, safety, or welfare, but is a necessary step in the development of the property. Granting the rezoning request would allow the property owner to develop 15.8 acres of land for commercial purposes. With denial of the request, the project would not be permitted to proceed as shown on the associated Preliminary Development Plan.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The project is in conformance with the following Horizon 2020 goals and policies related to Community Commercial Centers:
CHAPTER SIX – COMMERCIAL LAND USE
Community Commercial Center
“…Any proposal for commercial expansion or redevelopment occurring in an area designated as a CC200 Center shall include a plan for reducing curb cuts, improving pedestrian connections, providing cross access easements to adjacent properties, and creating and/or maintaining buffering for any adjacent non-commercial uses. All corners of CC200 Center intersections should not be devoted to commercial uses…” (pg. 6-6)
W. 6th Street and Wakarusa Drive
“…While this intersection is designated a CC200 Center, there already exists more commercial gross square footage at the intersection than is recommended for a CC200 Center... The northern half of the intersection is undeveloped. Commercial development of this portion of the intersection shall not extend beyond Overland Drive (extended) to the north, Congressional Drive (extended) to the west, and Champion Lane (extended) to the east.” (pgs. 6-15 and 6-16)
Further evaluation is needed of the following Horizon 2020 policy:
Policy 3.11: Require a Market Impact Analysis (page 6-36)
Staff Finding – The subject proposal is in conformance with several elements of Horizon 2020. Specifically, the associated Preliminary Development Plan includes appropriate pedestrian linkages and minimal curb cuts from the adjacent public streets. The Wal-Mart store will be buffered to the north by a loading zone and underground detention area surrounded by a 13-foot tall modular retaining wall with a landscaped berm on the exterior side. Additionally, each developed corner of the W. 6th and Wakarusa Drive intersection includes a mix of uses, with the subject corner proposed to include commercial uses and the northeast corner to include a mixed-use project.
A Retail Market Study has been submitted and reviewed by staff. A revised study did not address all of staff’s original review comments. Therefore, the rezoning request is conditioned upon staff approval of a revised Retail Market Study. A detailed report outlining the inconsistencies of the study with City policy will be provided at the August 30th, 2006 Planning Commission meeting.
The subject property is also located within the study areas of the Northwest Plan and the Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive. The Northwest Plan states that commercial development is noted as a proposed land use for the northwest corner of W. 6th Street and Wakarusa Drive. The Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive states that the subject corner of the intersection is the most appropriate area within the study area for commercial development of a retail focus. It also states that development at the subject intersection should be limited to 420,000 g.s.f. of retail commercial space, with no more than 136,000 g.s.f. of commercial space at the subject corner. The chart below outlines the current and proposed commercial allocation at the intersection:
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Subject Area of W. 6th/Wakarusa Intersection |
Existing/Proposed Commercial Space |
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South side of W. 6th Street |
Existing – 241,425 s.f. |
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Northeast corner of intersection |
Proposed – 62,000 s.f. (Bauer Farm plan not yet approved by the City Commission) |
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Northwest corner of intersection
Each corner of the intersection |
Proposed – 127,632 s.f., including a 6,147 s.f. garden center
Total Proposed – 431,057 s.f. |
While the total proposed commercial space for the W. 6th Street and Wakarusa Drive intersection exceeds the recommended amount of commercial space by 11,057 s.f., it is important to note that the proposed total includes uses that are not typically included in a retail commercial count, i.e. banks. With the exclusion of these uses, the total amount of retail commercial space at the intersection would likely be in conformance with the recommended amount of space. It is also important to note that the total commercial space at the intersection would comprise approximately 424,910 square feet if the Wal-Mart garden center were excluded from the total. This total would exceed the recommended commercial space for the intersection by 4,910 square feet. It is important to note that the application does conform with the recommended amount of commercial space for the northwest corner of the intersection, with 136,000 g.s.f. recommended, and 127,632 s.f. proposed.
SUMMARY
The application generally conforms with the goals and policies of Horizon 2020. As the Retail Market Study is an important component of the conformance of the rezoning request with Horizon 2020, the approval of the subject rezoning request is conditioned upon the approval of the study by City staff. Conditions of approval also include the filing of a final development plan and final plat, the allowance of uses as listed on the attached “Permitted Uses” sheet, as well as limits on the amount of commercial space for the entire development, the size of the garden center, and the size of an individual commercial building.