Memorandum

City of Lawrence

Planning Department

To:	Lawrence City Commission
From:	Lisa Pool, Planner II
CC:	Dave Corliss, City Manager Debbie Van Saun, Assistant City Manager Scott McCullough, Planning and Development Services Director Sheila Stogsdill, Assistant Planning Director
Date:	August 7, 2007
RE:	Update on Wal-Mart Applications

The following is a list of applications and Commission actions for the northwest corner of 6^th Street and Wakarusa Drive within the past year:

• PDP-06-06-06: Preliminary Development Plan for the northwest corner of W. 6^th Street and Wakarusa Drive [denied by the City Commission on October 24, 2006].
• 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 use restrictions) [tabled by the City Commission on October 24, 2006].
• 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) [tabled by the City Commission on October 24, 2006].
• Planning Commission determined substantial change of the subject Preliminary Development Plan (PDP-06-02-07) on June 25, 2007 with a 9-0 vote.
• Z-09-25-06: A request to rezone a tract of land approximately 1.623 acres from PRD-2 (Planned Residential Development) to OS (Open Space) [recommended for approval by the Planning Commission on July 23, 2007 with an 8-0 vote].
• PDP-06-02-07: Revised Preliminary Development Plan for the northwest corner of W. 6^th Street and Wakarusa Drive [recommended for approval by the Planning Commission on July 23, 2007 with an 8-0 vote].

During the August 7, 2007 City Commission meeting, the Commission will be considering the Planning Commission’s recommendations of approval for the revised Preliminary Development Plan (PDP-06-02-07) for the northwest corner of W. 6^th Street and Wakarusa and the rezoning of 1.623 acres from PRD-2 (Planned Residential Development) to OS (Open Space) (Z-09-25-06) for the southeast corner of Congressional Drive and Overland Drive. The Planning Commission recommended approval of both applications with 8-0 votes on July 23, 2007.

It is also important to note that, on June 25, 2007, the Planning Commission determined that the revised Preliminary Development Plan is a substantial change in project scope from the Preliminary Development Plan (PDP-06-06-06) that was denied by the City Commission last year. The determination of substantial change is a Code requirement when applications for the same property are denied by the City Commission within the preceding 12 months.

On October 24, 2006, the City Commission tabled two rezoning requests for the northwest corner of 6^th Street and Wakarusa – Z-06-16A-06 and Z-06-16B-06. Both applications include requests to rezone to the PCD-2 (Planned Commercial Development) District, with use restrictions (see attached PCD-2 staff reports). These rezoning requests were tabled by the Commission until an alternate Preliminary Development Plan meeting the public’s concerns is brought forward. As an alternate Preliminary Development Plan is being considered by the City Commission on August 7, 2007, the Commission may remove the PCD-2 rezonings from the table. The Planning Commission recommended approval of the rezonings with a 6-4 vote on August 30, 2006.

While the staff reports for the PCD-2 rezoning requests include the revision of the Retail Market Study as a condition of approval, this condition had been met prior to consideration of the requests by the City Commission in 2006. The following is a current list of conditions of approval for Z-06-16A-06 and Z-06-16B-06:

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.