PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

07/23/07

ITEM NO. 2:        PRD-2 TO OS; 1.623 ACRES; SE CORNER OF CONGRESSIONAL & OVERLAND (LAP)

 

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). The property is located on the SE corner of Congressional and Overland. Submitted by BFA, Inc., for Village Meadow’s LLC, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 1.623 acres from PRD-2 (Planned Residential Development) District to OS (Open Space) District and forwarding a recommendation of approval to the City Commission, based on the findings of fact outlined in the staff report and subject to the following conditions:

1.      Filing of a replat at the Register of Deeds’ Office or filing of a new drainage easement and vacation of existing easements via separate instrument with the site plan application.

 

Applicant’s Reason for Request:

 

“Rezone the current parcel from PRD-2 to OS. Obtain approval of required plans. This rezoning and approval will allow for the quality and quantity of landscaping and screening to be enhanced. This property will be used for greenspace and detention for the neighboring parcels. It will provide a transition area from the PCD and office zoning to the park and residential to the north and west.”

 

KEY POINTS

  • The subject lot is proposed for open-air detention. This open-air detention system will serve the lots bounded by W. 6th Street, Overland Drive, Wakarusa Drive, and Congressional Drive, as well as lots directly west of Congressional Drive.
  • The property is currently owned by Village Meadows, LLC, the owner of the two lots to the west of Congressional Drive. The Village Meadows property is proposed for a retirement community.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The intersection of W. 6th Street and Wakarusa Drive is characterized by a mix of residential, office, and commercial uses.

CONFORMANCE WITH HORIZON 2020

  • The rezoning request generally complies with the commercial recommendations of Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

  • PF-11-39-01: Final Plat of Wakarusa Place Addition [approved by the City Commission on 1/2/02].
  • LS-09-10-05: Lot 2, Block 2, Wakarusa Place Addition [recorded at the Register of Deeds on 10/28/05].
  • FDP-11-14-01: Wakarusa Place; 6th Street & Wakarusa Drive (north of Hwy. 40) [approved by the Planning Commission on 12/19/01; recorded at the Register of Deeds on 4/3/02].
  • Z-8-30-01: A to PRD-2; 20.180 acres at 6th Street and Wakarusa Drive.
  • Z-06-18-03: PCD-2 (with restrictions) to PCD-2 (with restrictions); 19.199 acres at the northwest corner of 6th Street and Wakarusa Drive. [Ordinance approved on 3/16/04].
  • FDP-08-14-05: 6th and Wakarusa multi-family project at the northwest corner of W. 6th Street and Wakarusa Drive for 236 units [withdrawn by applicant in December, 2005].
  • PDP-06-06-06: Preliminary Development Plan for Wal-Mart [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].
  • PDP-06-02-07: Revised Preliminary Development Plan for the northwest corner of 6th and Wakarusa is also being considered by the Planning Commission during its July 23, 2007 meeting [Planning Commission determined substantial change from PDP-06-06-06 on June 25, 2007].

·         City Commission approval of the subject rezoning request is required. If approved, the rezoning ordinance will be placed on the City Commission agenda for first and second readings and published in a local newspaper.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • None received.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

PRD [Wakarusa Place] (formerly PRD-2) District; undeveloped land.

 

Surrounding Zoning and Land Use:

 

         

OS (Open Space) (formerly A) District to the north; City parkland.

 

PCD [6Wak] (formerly PCD-2) directly to the south; site of proposed Wal-Mart building.

 

PRD [Wakarusa Place] (formerly PCD-2) and UR (Urban Reserve) (formerly A) Districts to the east; site of Wal-Mart loading area undeveloped property.

 

PRD [Village Meadows] (formerly PRD-2) District to the west; site of a pending retirement community.

 

I.         CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The Future Land Use Map does not include the subject property. The intersection of W. 6th Street and Wakarusa Drive is designated as a CC – 200 (Community Commercial Center under 200,000 square feet).

 

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)

 

Goal 2: Compatible Transition from Commercial Development to Less Intensive Uses

“Ensure compatible transition from commercial development to residential neighborhoods and other less intensive land uses.”

 

Policy 2.1: Use Appropriate Transition Methods (page 6-26)

Policy 2.2: Locate Less Compatible Uses Toward the Interior of Commercial Areas (page 6-27)

 

Staff Finding – The subject proposal is in conformance with several elements of Horizon 2020 related to transitioning and buffering. Specifically, the associated Preliminary Development Plan depicts the subject lot as an open-air detention area, with landscaping and berming. The subject lot will assist in buffering the Wal-Mart site from properties to the north and northwest.

 

II.       ZONING AND USE OF NEARBY PROPERTY, INCLUDING ANY OVERLAY ZONING

 

Staff Finding – The subject lot is surrounded by OS (Open Space), PCD (Planned Commercial Development), PRD (Planned Residential Development), and UR (Urban Reserve) zoning. City parkland and undeveloped property surround the subject lot. In addition to the buildings proposed as part of the Wal-Mart Preliminary Development Plan, pending projects include a mixed-use project to the east, across Wakarusa Drive, and a retirement community to the west, across Congressional Drive.

                                                                                                      

III.      CHARACTER OF THE NEIGHBORHOOD

 

Staff Finding – The subject property is located on the southeast corner of Congressional Drive and Overland Drive. The project vicinity includes a mix of uses, with several undeveloped properties along the north side of W. 6th Street, and several commercial and multi-family uses along the south side of W. 6th Street.

 

IV.       PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS, INCLUDING THE PROPERTY OR ADJOINING PROPERTY

 

The subject property is 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.

 

Staff Finding – The subject rezoning request conforms with the Northwest Plan and the Area Plan for the Intersection Area of W. 6th Street and Wakarusa Drive in that the lot will include an open-air detention system for the Wal-Mart and pad site buildings, as well as the proposed retirement community to the west.

 

V.        SUITABILITY OF THE SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

 

The subject property is currently zoned PRD [Wakarusa Place] (formerly PRD-2) District. The applicant proposes to rezone the property to the OS (Open Space) District. The OS District is intended “…to preserve and enhance major open space and recreational areas by protecting the natural amenities they possess and by accommodating development that is compatible with those natural amenities. The OS District may also be applied to common open space within residential PDs and Cluster Housing Projects” (Section 20-217 of the Land Development Code).

 

Staff Finding – The applicant proposes to rezone the subject property to open space for an open-air detention system. Open-air detention is permitted in nearly all zoning districts; however, the OS District is the most appropriate zoning district for a lot that will include only vegetation and open-air detention. OS zoning is appropriate for the subject lot, as the OS District permits uses that are compatible with the abutting commercial, residential, and parkland uses.

 

VI.             LENGTH OF TIME THE SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The subject lot is undeveloped, and has included PRD [Wakarusa Place] (formerly PRD-2) zoning since 2001.

 

VII.          THE EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

 

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 of the property, and Free State High School is located northeast. Pending projects include a mixed-use development to the east and a retirement community to the west.

 

Rezoning of the lot to OS (Open Space) ensures that the property will not include uses which yield high traffic generation. The only OS District uses which could potentially yield high traffic generation are “active recreation” and “entertainment and spectator sports, limited”, and these uses are permitted via approval of a Special Use Permit. If an OS District use other than an open-air detention area were proposed in the future, detention would have to be accommodated elsewhere, and a revised site plan and/or Preliminary Development Plan and Final Development Plan would need to be approved.

 

The open-air detention use will assist in buffering the Wal-Mart store from the properties to the north and northwest, and serves as a transition from the commercial uses to the south to the residential and parkland uses to the north.

 

VIII.      THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT

 

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 – Denial of the request to rezone the subject property to the OS District would not provide a tangible benefit to the public health, safety, or welfare. With denial of the request, the provision of detention for several lots would need to be reevaluated, and the proposed Preliminary Development Plan would need to be revised to reflect the new detention area. Granting the rezoning request would allow the property owner to provide open-air detention for all of the buildings included in the subject Preliminary Development Plan and the properties directly west of the Wal-Mart site, across Congressional Drive. The OS District designation would also eliminate the development potential of high traffic-yielding uses for the subject lot.

 

IX.             THE RECOMMENDATION OF THE CITY’S PROFESSIONAL STAFF

 

Staff Finding – 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. Therefore, staff recommends approval of the subject rezoning request. A condition of approval includes the filing of a replat at the Register of Deeds’ Office or filing of a new drainage easement and vacation of existing easements via separate instrument with the site plan application.