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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
PC Staff Report
07/23/07
ITEM NO. 3: PRELIMINARY DEVELOPMENT PLAN FOR 6TH & WAKARUSA; NW CORNER OF 6TH ST & WAKARUSA DR (LAP)
PDP-06-02-07: Preliminary Development Plan for 6th & Wakarusa, located at the NW corner of 6th Street & Wakarusa Drive, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record.
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STAFF RECOMMENDATION: Staff recommends approval of the revised Preliminary Development Plan for Wal-Mart and forwarding the application to the City Commission with a recommendation for approval, subject to the following conditions: 1. Revision of the plan to include the following: a. Inclusion of details regarding the site’s proposed sanitary sewer main connection to the existing sanitary sewer stub under Congressional Drive. b. City Engineer approval of the curb cut radius for the northernmost curb cut along Congressional Drive. c. Remove reference to the existing Block and Lot numbers and include only the proposed Block and Lot numbers on the relevant pages. d. Note the existing zoning of PRD [Wakarusa Place] (formerly PRD-2) for Lot 2A, Block 2. e. Show at least one 8-foot wide van accessible access aisle within each grouping of ADA spaces. |
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Applicant’s Reason for Request: |
“Approval of the attached Preliminary Development Plan. The rezoning has been applied for in a separate application and is currently tabled. After the finding of substantial change, we will be requesting that the rezoning be taken off of the table and be reconsidered.”
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KEY POINTS · The Planning Commission determined that the subject Preliminary Development Plan demonstrates a substantial change in project scope from the previously-denied Preliminary Development Plan from 2006. · The associated PCD-2 rezoning requests were tabled at the October 24, 2006 City Commission meeting. As these rezoning requests were submitted under the previous Zoning Regulations, the subject Preliminary Development Plan application is being reviewed under the City’s previous Zoning Regulations. · A letter from KDOT and City transportation staff regarding projected future traffic volumes for the W. 6th Street corridor will be distributed to Planning Commissioners prior to the July 23, 2007 Planning Commission meeting.
· The subject project is identified in the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive and the Northwest Plan. · The Preliminary Development Plan has been reviewed for its consistency with the Commercial Design Standards and Guidelines. |
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FACTORS TO CONSIDER
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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GENERAL INFORMATION Current Zoning and Land Use: PRD [Wakarusa Place] and PCD [Wakarusa Place] (formerly PRD-2 and PCD-2) Districts; undeveloped land.
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Surrounding Zoning and Land Use: OS (Open Space) and UR (Urban Reserve) (formerly A) Districts to the north; undeveloped property and 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 UR (Urban Reserve) (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.
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Site Summary
Number of Existing Lots: 3 lots
Number of Proposed Lots: 6 lots
Subject Site Area: 17.98 acres (853,776 s.f.)
Pervious Area: 6.7 acres (291,398 s.f.)
Impervious Area: 11.3 acres (491,601 s.f.)
Parking Required: 429 standard and 9 ADA spaces for Wal-Mart and garden center; 152 standard and 10 ADA spaces for pad sites
Parking Provided: 493 standard and 16 ADA spaces for Wal-Mart and garden center; 196 standard and 10 ADA spaces for pad sites
STAFF ANALYSIS
The City Commission denied a Preliminary Development Plan for the northwest corner of W. 6th Street and Wakarusa Drive on October 26, 2006. On June 25, 2007, the Planning Commission determined that the subject Preliminary Development Plan demonstrates a substantial change in project scope from the previously-denied Preliminary Development Plan of 2006. The Planning Commission’s determination was based on the 12 items listed in the attached affidavit submitted by the applicant. The determination of substantial change is a requirement for Preliminary Development Plan applications when an application for the same property was denied by the City Commission within the preceding 12 months.
The associated PCD-2 rezoning requests were tabled by the City Commission during October 26, 2006 meeting until an alternate Preliminary Development Plan is brought forward. These rezoning requests may be removed from the table when the City Commission also considers the subject Preliminary Development Plan. The PCD-2 zonings include the following space limitations: no one single commercial retail use shall occupy more than 99,990 gross square feet of space, the garden center shall not exceed 6,500 gross square feet, and the total commercial retail space on the subject property shall not exceed 128,000 gross square feet. The applicant proposes the construction of a 99,840-square foot Wal-Mart store and 6,147-square foot garden center, with an additional 21,500 square feet of unidentified commercial space within four pad site buildings. The proposed Preliminary Development Plan is in conformance with the limitations of the proposed PCD-2 zoning. It is important to note that, as the PCD-2 rezoning requests were submitted under the previous Zoning Regulations, the subject Preliminary Development Plan was reviewed for its conformance with the previous Zoning Regulations.
A rezoning of Block 2, Lot 2A from PRD [Wakarusa Place] to OS (Open Space) is also being considered by the Planning Commission on July 23, 2007. The lot will include open-air detention, which will serve several lots within the project vicinity. If the OS rezoning application is approved, a site plan application will need to be submitted and approved for the detention area. Detention easements will also need to be recorded and vacated for this lot, either by separate instrument or via a replat.
The proposed Preliminary Development Plan 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 - This project was reviewed for its conformity with Horizon 2020, the Northwest Plan, and the Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive.
Horizon 2020
The proposed commercial and office development is situated at the intersection of W. 6th Street and Wakarusa Drive, which is designated as a Community Commercial Center (CC200) in Horizon 2020. CC200 Centers are limited to 200,000 square feet of commercial gross square footage. Regarding the subject intersection, page 6-15 of Horizon 2020 states the following, “…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.” Horizon 2020 states that 400,000 square feet of commercial space have been approved for the intersection. Horizon 2020 also states that the properties along the south side of Overland Drive should include not only commercial uses, but also office, community, recreational, and multi-family uses. Two of the three lots bordering the south side of Overland Drive within the project vicinity are not proposed for development at this time, and one of the lots will include a loading area for the Wal-Mart store. Lot 2A, Block 2 of a Lot Split of Lot 2, Block 2, Wakarusa Place Addition is proposed for rezoning to the OS (Open Space) District for an open-air detention area. Lot 1, Block 2, Wakarusa Place Addition is approved for POD (Planned Office Development) zoning pending approval of a development plan. The Future Land Use Map does not include the subject property.
Horizon 2020 also requires a Market Impact Analysis for nodes which exceed 150,000 square feet of commercial building space (pages 6-36 and 6-37). The applicant has submitted such a study, which has been approved by City staff.
The Northwest Plan
The subject site is included within the plan area for The Northwest Plan. Commercial development is noted as a proposed land use for the northwest corner of W. 6th Street and Wakarusa Drive.
Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive
The study area for the area plan is bounded to the west by Congressional Drive; to the north by Overland Drive; to the east by Folks Road; and to the south by W. 6th Street. The plan 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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W. 6th Street and Wakarusa Drive Intersection |
Existing and Proposed Commercial Space |
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Southwest and Southeast corners of intersection |
Existing – 242,922 s.f. (based on Planning Office inventory) |
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Northeast corner of intersection |
Proposed – 62,000 s.f. (request for increase to 72,000 square feet is being considered by the Planning Commission on 7/23/07) |
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Northwest corner of intersection
_________________________ Each corner of the intersection |
Proposed – 127,487 s.f., including a 6,147 s.f. garden center _____________________________________ Total Existing + Total Proposed – 432,409 s.f. |
The application conforms with the recommended amount of commercial space for the northwest corner of the intersection, with 136,000 g.s.f. recommended, and 127,487 g.s.f. proposed. The amount of square footage proposed for the northeast corner of the intersection is addressed in item No. 4A of the July 23, 2007 Planning Commission agenda.
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 Finding - The proposed development complies with the four stated objectives for Planned Unit Developments. Specifically, the subject site will be served by extensions of existing utilities. A Downstream Sanitary Sewer Analysis, Drainage Study, and Traffic Impact Study (T.I.S.) have been reviewed and approved by City Staff. A letter from KDOT and City staff regarding projected future traffic volumes for the W. 6th Street corridor will be distributed to Planning Commissioners prior to the July 23, 2007 Planning Commission meeting. Regarding sanitary sewer service, as a condition of approval, the plan will need to be revised to demonstrate how the site’s sanitary sewer main will connect to the sanitary sewer stub located under Congressional Drive.
The project allows for multi-modal transportation, with the provision of both on and off-site pedestrian connections, bicycle lanes along Overland Drive and W. 6th Street, a 10-foot wide recreation path along Wakarusa Drive, and future transit facilities along Wakarusa Drive and W. 6th Street. The 5-foot wide sidewalk along the west side of Wakarusa Drive will need to be reconstructed to a 10-foot wide recreation path with this project. This pathway will serve as a southward extension of an existing 10-foot wide recreation path along the west side of Wakarusa Drive to the north of Overland Drive.
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 Finding - Section 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 plan includes open space on three sides of the screened loading zone, as well as significant landscaped areas throughout the site. While the open-air detention area located on Lot 2A, Block 2 is not part of the subject Preliminary Development Plan, it is part of the overall project, and adds 1.623 acres of open space to the project. Seating areas will be included for public use to the east of the Wal-Mart building and parking area, as well as within a landscaped area to the south of the Wal-Mart parking lot.
The site includes landscaping in excess of the minimum requirements. 28,938 square feet of interior greenspace are required, and 43,974 square feet are being provided. Additionally, 99 site trees are required, and 116 trees are being provided. This figure excludes the 95 street trees that will also be planted.
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 replat of the subject property will be considered by the Planning Commission once the conditions of approval of the Preliminary Development Plan have been met. A replat is needed to create six lots from three lots and to vacate/dedicate easements.
A Downstream Sanitary Sewer Study, Drainage Study, and Traffic Impact Analysis have been submitted and approved by City Staff. As stated previously, the subject Preliminary Development Plan will need to be revised to demonstrate how the site’s sanitary sewer main will connect with the sanitary sewer stub located under Congressional Drive. Public improvement plans will be submitted as a condition of Final Development Plan approval.
Per the Traffic Engineering Department, Agreements Not to Protest the Formation of a Benefit District for Improvements to the Intersections of Overland/Wakarusa Drives and W. 6th Street/Congressional will be required as a condition of Final Development Plan approval. A new traffic signal will be installed at the intersection of Congressional Drive and W. 6th Street prior to opening day of the Wal-Mart store.
A transit facility will be installed along Wakarusa Drive with the subject project. Additionally, the preservation of right-of-way for the future installation of transit shelter and wheelchair landing pad on 6th Street has been shown on the plan.
Sidewalks are shown throughout the site and are proposed to connect with sidewalks along all abutting streets – W. 6th Street, Wakarusa Drive, Overland Drive, and Congressional Drive. With this project, the existing 5-foot wide sidewalk along the west side of Wakarusa Drive will be reconstructed to a 10-foot wide recreation path. This pathway will serve as a southward extension of an existing 10-foot wide recreation path along the west side of Wakarusa Drive to the north of Overland Drive.
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 - Residential properties are located southwest of the project, across W. 6th Street, and 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 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 with construction of the Wal-Mart store to aid in vehicular flow to and from the site. Agreements Not to Protest the Formation of a Benefit District for Improvements to the Intersections of Overland/Wakarusa Drives and W. 6th Street/Congressional Drive will be required as a condition of Final Development Plan approval. Once improvements occur to the Overland Drive and Wakarusa Drive intersection, pedestrian crossings will be added to aid pedestrians in crossing these roadways.
A loading zone with a berm and vegetation will provide a buffer area between the Wal-Mart store and Overland Drive, a collector street. Lot 2A, Block 2, which is proposed for OS (Open Space) zoning and open-air detention, will provide additional buffering. Lot 1, Block 2 is not proposed for development as part of the subject project. All site lighting will be shielded to prevent off-site glare and landscaping that exceeds City standards will be provided.
As the project is served by an adequate roadway network of principal arterials and collectors, will be buffered to the north by vegetation and berming, and is not adjacent to single-family residences, the subject project should not substantially adversely affect adjacent properties. The associated Preliminary Development Plan has been designed to be in conformance with the requested PCD-2 commercial space size limitations.
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 Preliminary Development Plan complies with the general development standards and plan requirements for a Planned Unit Development. Specifically, the project has direct access to principal arterials and collectors, sidewalks are provided along one side of all public streets abutting the subject property, and any part of the development area not used for development includes landscaping or grass. Site amenities, specifically seating areas and landscaped areas, are shown throughout the project site, particularly for the Wal-Mart property. The seating areas are located to the east of the Wal-Mart building and to the south of the Wal-Mart parking lot. Additional site amenities for the pad site buildings will be provided with the Final Development Plans.
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 Finding - The proposed plan complies with the objectives of Planned Unit Developments, the development standards and regulations for Planned Unit Developments, as well as elements of Horizon 2020.
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 - A note has been included on the plan, outlining the following phasing schedule: Phase 1 – Lot 3A Block 2; Phase 2 – Lot 3B Block 2; Phase 3 – Lot 4C Block 2; Phase 4 – Lot 4B Block 2; and Phase 5 – Lot 4A Block 2. The note continues to state that, due to market conditions, it is possible that any one of these phases may be started or completed earlier or later in the process, or that multiple phases will progress simultaneously. An additional note states the following, “All public infrastructure and site improvements for a particular lot will be done by opening day of the use on that lot.”
9) Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.
Staff Finding - The development’s provision of stormwater detention has been approved by the City’s Stormwater Engineer. Detention will be supplied via an open-air detention area on Lot 2A, Block 2. A site plan application, as well as the dedication and vacation detention easements via separate instrument or a replat, will need to be submitted for the detention area. The appropriate notes regarding stormwater have been included on the Preliminary Development Plan. Public Improvement Plans, including a Stormwater Pollution Prevention Plan, will need to be submitted prior to recordation of the Final Development Plan.
Approval of the associated PCD-2 rezoning requests 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 Wal-Mart store is proposed to comprise 99,840 gross square feet. The requests would also restrict the project’s 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. The project proposes a total of 127,487 square feet of commercial space. The 6,147-square foot garden center is within the limitations of a 6,500-square foot garden center requested with the PCD-2 rezonings.
The site’s existing PCD-2 zoning includes Use Groups 7, 9, 9A, 11, as well as restricted uses in Use Groups 12, 13, 14, and 15 (see associated “Permitted Uses” list). 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 which are permitted per the existing and requested PCD-2 zoning. The Preliminary Development Plan has been designed for conformance with the limitations of the rezoning requests.
No new rights-of-way are being dedicated with the project, as sufficient rights-of-way exist for the abutting roadways.
Access/Parking
Four curb cuts from public streets will be constructed for the project – two off Congressional Drive, one off Overland Drive, and one off Wakarusa Drive. As is noted on the plan with hatch marks, no access is allowed from the centerline of W. 6th Street to 350 feet north along Congressional Drive. Direct access is also prohibited along the entirety of W. 6th Street and Wakarusa Drive along the project’s boundaries, except at the approved private driveway location along Wakarusa Drive. Regarding parking, 581 total spaces are required, and 689 spaces are proposed. 27 accessible and 30 bicycle parking spaces are also provided.
Commercial Design Guidelines
The plan was reviewed for its consistency with the Commercial Design Standards and Guidelines. While some elements of the Commercial Design Guidelines pose design challenges due to the size of the Wal-Mart building and commercial space restrictions, the following items are in conformance with the standards and guidelines:
7. Site amenities and building foundation plantings will be added adjacent to the pad site buildings with the Final Development Plan,
Some of the more significant elements of the design guidelines that have been incorporated into the subject revised plan include the replacement of standard pavement with pervious surfacing for 35 parking spaces; the relocation of three pad site buildings to the outermost edges of the site; the addition of several trees and shrubs, including the relocation of several existing trees on site; and the inclusion of at least 30% native building materials for building exteriors.
SUMMARY
The application generally conforms with the goals and policies of Horizon 2020, the Northwest Plan, and the Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive. The conditions of approval include revisions to the plan.