PC Minutes 7/23/07 DRAFT
ITEM NO. 4A: PCD-2 TO PCD-2; 25.97 ACRES; NE CORNER OF 6TH ST & WAKARUSA DR (PGP)
Z-06-07-07: A request to rezone a tract of land approximately 25.97 acres from conditionally approved PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District to revise use restrictions. The property is generally described as being located at the northeast corner of W. 6th Street and Wakarusa Drive. Submitted by Landplan Engineering, P.A., for Free State Holdings Inc, Free State Group LLC and Michael Treanor contract purchasers. The property owners are Carolena Ltd. and HenrysFlower LLC.
STAFF PRESENTATION – Items 4A & 4B were heard together
Paul Patterson presented Items 4A & 4B together.
APPLICANT PRESENTATION
Tim Herndon, Landplan Engineering, pointed out that they are not reviewing the Preliminary Development Plan right now, just the rezoning and land use alterations that are tied to the zoning. The applicant agreed with all but one of the five conditions of approval on the Staff Report. The applicant would like to add 10,000 more square feet of commercial retail within the Bauer Farm commercial district. The primary request regarding the planned commercial district is to add to the allowable use list, licensed premises. They would like for a liquor store to be allowed within the Bauer Farm project in order to compete with the other corners of the intersection. Another stipulation that he would like to be removed from the Staff Report is a prior requirement that on residential structures within the planned commercial development that the ground floor be retail or office space. This was due to the fact that there is a limit to square footage retail space on the property. He went on to say that if they cannot put more retail on the ground floor of the residential structures then according to the stipulation the space would have to be used as office space. His argument was that office space is a very soft market in Lawrence. He would like the square footage of the Bauer Farm project to be increased from 62,000 square feet to 72,000. He showed a 1998 page from Horizon 2020 which defined what type of commercial center would exist at 6th & Wakarusa Drive. The 1998 version of Horizon 2020 described a community commercial center as consisting between 10-30 acres and could consist between 100,000-450,000 square feet. The Bauer Farm project would be 26 acres and limited to 62,000 square feet. Mr. Herndon requested the square footage be increased to 72,000. The existing and approved projects combined for the corner of 6th & Wakarusa have an allowable total of 378,000 square feet, leaving a remainder of 72,000 square feet of undeveloped retail. Mr. Herndon talked about the concept of floor area ratio (FAR), and how much of the building can be utilized. He said that that this was important in calculating how much of the site can be used and how much building can be put on a site. He stated that Bauer Farm was going to supply the same infrastructure that all other three corners of the intersection provided with substantially less revenue generators. He argued that even by adding 10,000 more square footage to the Bauer Farm development, the project would still be in conformance with the area plan because it is in total less than the square footage allowed at the intersection.
Commissioner Moore asked when the NE corner of 6th & Wakarusa got locked into the square footage.
Mr. Patterson stated 2003.
Commissioner Moore wondered if the increase in square footage would be in violation of ordinance 7756.
Mr. Patterson stated that the ordinance dealt with the PCD-2 portion restrictions and that was being overridden by the rezoning of the property which was conditionally approved in January 2006. What the applicant is asking for now would replace that.
Commissioner Jennings inquired where the extra 10,000 square feet would be at on the plan.
Mr. Herndon showed on map where the retail would be. The drugstore would like to be moved to the corner section of the project. The 10,000 square feet was from converting a building that was strictly office and other buildings being enlarged. The new plan would eliminate 5,000 square feet of office and added 10,000 square feet of retail on the overall plan.
Commissioner Eichhorn asked if the community theatre was planned space or open space when figuring the FAR.
Mr. Herndon the FAR was strictly related to the retail space and excluded all non-retail space.
Ms. Stogsdill said that she thought Commissioner Eichhorn was trying to ask if they looked at the retail square footage over all the area that is zoned PCD.
Mr. Herndon replied, yes, it includes the land that the theatre will occupy.
Commissioner Eichhorn asked why it was not designated as CC400.
Mr. Patterson stated that the plan says that it is supposed to be a CC200 and the area is grossly overbuilt.
Commissioner Finkeldei inquired that the area plan calls it CC200 but allows 440,000 square feet of space.
Ms. Stogsdill said this was correct.
Commissioner Finkeldei asked if Mr. Herndon’s point of saying that the intersection allowed for more square footage was correct.
Ms. Stogsdill said that if you add up the numbers of the intersection, yes. She was not part of the discussion though and believed that the distinction of calling it a CC200 instead of CC400 was done to reserve the CC400 locations to be regional shopping centers. They did not want to designate it as CC400 and lead someone to believe it will become larger.
Commissioner Eichhorn asked if the 1998 Horizon 2020 plan that Mr. Herndon referred to had been updated.
Ms. Stogsdill replied, yes in 2004.
Commissioner Finkeldei inquired about the history of going to private roads to public roads on the plan.
Mr. Patterson said a planned residential development can have either private or public roads. The applicant would like the internal roads to be dedicated to public.
Commissioner Finkeldei asked how the City felt about that.
Ms. Stogsdill said that the applicant initially proposed the plan with private roads. The City would take over the maintenance of the roads after construction if they were public roads. In the long run, having the roads be public might be better for the community as a whole. Some private roads cannot be maintained in the way they should be.
Commissioner Harkins noted that there was quite a bit of public opposition to additional retail space with the previous Item Wal-Mart and that nobody stayed in the audience to listen to the Bauer Farm project, which is proposed at the same intersection as Wal-Mart.
PUBLIC HEARING
No public comment.
APPLICANT CLOSING COMMENTS
Michael Treanor, Treanor Architects, stated that they previously received hours of public comment on the Bauer Farm project. He said that they are going to have high powered small commercial spaces and that it will make it easier for them if they we have more square feet to work with. They need more flexibility to allow more options within the project.
COMMISSION DISCUSSION
Commissioner Eichhorn asked if the table was out of the comprehensive plan.
Mr. Patterson stated it was out of the area nodal plan for 6th Street & Wakarusa.
Commissioner Eichhorn questioned why there are two sets of plans saying two different things.
Commissioner Finkeldei stated the plans could be determined in conflict and depend on what happens on the other side of the intersection. He said the area plan states there should be 62,000 square feet on the corner and Staff supports that, but he was convinced that 72,000 square feet would be beneficial to the project.
Commissioner Eichhorn said he would be voting for Staff’s recommendation of 62,000 square feet because of the area plan.
Commissioner Harkins said he would vote in favor of the 72,000 square foot plan because he felt that Bauer Farm was an exciting real estate development. He said that standards were close to being adopted that would encourage this type of project and this type of project needs to succeed to encourage this type of project in the future.
Commissioner Hird said usually his inclination is to go with the Staff recommendation but he felt the square footage increase was a reasonable request and he supported that request.
Commissioner Moore agreed that Bauer Farm was an exciting project and he supported the increase in square footage as well.
Commissioner Jennings stated that this project could be a self contained area where the people could live and walk to the services they needed. He felt the more diversity the residents had would provide more options for them.
Commissioner Eichhorn felt the area plan and Staff recommendation should be followed.
Commissioner Jennings said that he was not sure they should make their decision contingent on the NW corner. He went on to say that taking 10,000 square feet off one side of the street and adding to the other may not be the best idea.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Harkins to approve the rezoning of 25.97 acres from PCD-2 (Planned Commercial Development – restricted uses) District to PCD-2 (Planned Commercial Development – with modifications to restricted uses) District, with the following changes: allow multiple family residential use (without restricting the first floor to only office or commercial), allow Licensed Premises use and allow for Liquor, wine and beer sales, for consumption off the premises; based on the findings of fact found in the body of the Staff Report with the exception that condition 5 of the Staff Report be modified to state that there will be no more than 72,000 gross square feet. Also, adding an amendment to the recommendations and findings of fact in the Staff Report, page 10, that staff finding refer to two issues related to square footage. The first issue being in conformance with the comprehensive and area plans. The second issue having to do with the idea of less intensive commercial development at this intersection. The addition of 10,000 square feet of retail commercial space in the PCD-2 portion of the Planned Development with the understanding of 5,000 square feet being split between buildings with only one new additional spot, will not greatly increase the intensity of the commercial development. Although the adopted area plan does state in one section that this intersection be limited to 62,000 gross square feet, another portion of the area plan states that the total intersection could be anywhere between 440,000 – 420,000 square feet, therefore including the additional 10,000 square feet at this intersection would still be less than 420,000 square feet allowed for the area plan. Forwarding a recommendation for approval of these modifications to the City Commission, subject to the following suggested conditions:
Motion carried 7-1 with Commissioner Eichhorn in opposition. Student Commissioner Robb also voting in opposition.