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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
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ITEM NO. 6A: CN1 & RM32 TO PCD-2; .746 ACRES; 618 W 12TH STREET (SLD)
Z-07-13-07: A request to rezone a tract of land approximately .746 acres, from CN1 (Inner Neighborhood Commercial) & RM32 (Multi-Dwelling Residential) to PCD-2 (Planned Commercial Development). The property is located at 618 W. 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record. |
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STAFF RECOMMENDATION: Staff recommends approval of the .746 acres from CN1 (Inner Neighborhood commercial and RM32 (Multi-Dwelling Residential) District to PCD [Oread Inn] Planned Commercial District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:
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Reason for Request: |
Proposed redevelopment of multiple properties for a mixed use commercial development consisting of a 74 room hotel, 11,000 SF of retail space and two floors of condo units or extended stay units.
This application was submitted prior to the adoption of the new development code. There is no comparable base zoning district in the current development code that would accommodate the range of uses proposed for this site. |
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KEY POINT · Subject property has direct connection to main entrance to University area from Oread Avenue. · Subject property includes existing commercial and high-density multi-family uses. · The request is being considered under the pre-2006 zoning code.
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GOLDEN FACTORS TO CONSIDER
SURROUNDING ZONING AND LAND USE · Surrounding zoning includes multi-dwelling zoning that includes a range of housing types including apartments, detached single-family homes, and community type buildings in addition to University buildings and property. · Subject property located within proximity to Hancock Historic district, National Register of Historic Places, Oread Historic district, Register of Historic Kansas Places, and the Jane A. Snow Residence, National Register of Historic Places and the Lawrence Register of Historic Places.
CHARACTER OF THE AREA · Mixed residential and University boundary area. Existing historic district and properties within immediate vicinity of subject property.
CONFORMANCE WITH THE COMPREHENSIVE PLAN · Plan supports redevelopment of property as well as transition and integration of land uses within neighborhoods. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · Letters of support from KU: Office of the Provost Richard Lariviere, and Alumni Association Kevin Corbett (included in September Packet) · League of Women Voters (September communication) · Mark Algren, 3011 Longhorn Drive (included in September Packet) · George Barton, representing The Crossing (included in September Packet) · Pat Kehde, email requesting approval with two less stories to the project · Bev Worster, email regarding building concerns and height · Lawrence Preservation Alliance, Inc. · Letter from Sven Alstrum to Amy Cole, National Trust for Historic Preservation
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Current Zoning and Land Use: CN1 (Inner Neighborhood Commercial) & RM32 (Multi-Dwelling Residential); existing commercial establishments and apartment dwellings |
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Surrounding Zoning and Land Use: The subject property is comprised of several properties. The immediate area is surrounding by RM32 (Multi-Dwelling Residential) in all directions. Uses include apartments, single-family homes as well as a church and University property to the west and south.
Subject property located within proximity to Hancock Historic district, National Register of Historic Places, Oread Historic district, Register of Historic Kansas Places, and the Jane A. Snow Residence, National Register of Historic Places and the Lawrence Register of Historic Places. |
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Site Summary |
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.162 acres |
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618 W. 12 Street [The Crossing] |
.204 acres |
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1142 Indiana [residence/apartment] |
.097 acres |
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1140 Indiana [apartment building] |
.269 acres |
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Total |
.746 acres |
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Per Section 20-1303 (g) Review and Decision – Making Criteria: In reviewing and making decision on proposed zoning map amendment, review and decision making bodies shall consider at least the following factors:
1) CONFORMANCE WITH THE COMPREHENSIVE PLAN
A key feature of Horizon 2020 states: The plan supports infill development and redevelopment which provides a range of residential, commercial, office, industrial and public uses within these parcels, consistent and compatible with the established land use pattern in surrounding areas (Chapter 3). Further the plan encourages the development of neighborhoods in a range of densities to provide a sense of community and to complement and preserve natural features in the area. The plan recognizes the need to transition land uses and to help avoid abrupt changes in density and building type. The plan speaks to the preservation and protection of historic buildings and structures as well.
This rezoning is accompanied by a development plan considered to be an infill/redevelopment project of existing commercial/multifamily properties. A commercial strategy noted in Chapter 6 of Horizon 2020 states: Encourage infill development and/or redevelopment of existing commercial areas with an emphasis on Downtown Lawrence and existing commercial gateways. Sensitivity in the form of site layout and design considerations shall be given to important architectural or historical elements in the review of development proposals.
Mixed-Use redevelopment centers are identified as having characteristics that limit overall size, ground-floor level access, providing multi-modal access for all types of transportation, and pedestrian street orientations. The proposed zoning change will allow the project to be tailored in such a way as to mix uses and address building form and orientation through the development plan approval process.
Staff Finding – The subject property/location is not identified in Horizon 2020 as an existing commercial location regardless of the existing CN1 zoning. The subject property abuts existing designated local streets. The Horizon 2020 does not specify access requirements for planned commercial developments. However the standards of the zoning district are applicable and are addressed later in this report. The proposed project is consistent with redevelopment policies and with establishing mixed use as a redevelopment tool.
2) ZONING AND LAND USES OF NEARBY PROPERTIES
Staff Finding – The subject properties are surrounded by RM32 zoning which is a high-density multi-dwelling zoning district. Existing land uses include residential homes (detached) as well as apartment buildings in the immediate area. The subject property includes existing commercial properties as well as apartments. The existing commercial elements are designated as a neighborhood zoning district – CN1.
3) CHARACTER OF NEIGHBORHOOD
The subject property is located in the Oread Neighborhood. This neighborhood has close proximity to the University and includes a significant amount of high-density zoning. The existing neighborhood is comprised of a range of housing types that include conventional single-dwelling detached homes, homes that have been converted to apartments or boarding houses, as well as traditional apartment buildings. Subject property located within proximity to Hancock Historic district, National Register of Historic Places, Oread Historic district, Register of Historic Kansas Places, and the Jane A. Snow Residence, National Register of Historic Places and the Lawrence Register of Historic Places.
Staff Finding –The neighborhood is described in the 1979 Neighborhood Plan[1] as a prime candidate for housing because of the walkability of the area and proximity to the University. This feature continues to be a desirable trait for University related housing options. However, the neighborhood does not solely function as the University housing provider. Numerous single-dwelling owner-occupied houses can also be found throughout the neighborhood. A portion of the Downtown District (CD) is also located within the Oread Neighborhood. This proposed development has a component of housing, but also complements the University uses.
4) PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
Staff Finding – The existing neighborhood plan did not anticipate any redevelopment project at the level and scope of the proposed request. Horizon 2020, however, contemplates such projects conceptually as mixed use redevelopment as part of the commercial chapter. Approval of the request will expand the footprint of the commercial uses (retail and hotel) beyond the existing commercial boundary and will not provide exclusively neighborhood services. The primary use of the project is a hotel. A key factor of the project has been the stated neighborhood support articulated at the September public hearing that indicates the proposed development can be integrated into the neighborhood.
5) SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The current zoning reflects the existing land uses. The neighborhood commercial zoning was granted in 1985. According to statements in the rezoning staff report, the property had been used for commercial activity for 40 years prior to that consideration. The rezoning at the time was to remove the then non-conforming status of the property. The current zoning does not support the scope of activity proposed for the property as a mixed use redevelopment project.
Staff Finding – Approval of the request will facilitate redevelopment of the subject properties and can be tailored to limit undesirable uses to mitigate neighborhood impacts.
6) LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The subject property is not currently vacant but includes multiple buildings that are proposed to be demolished as part of the redevelopment project.
· RD in 1966 upon adoption of the zoning code
· Commercial and multi-dwelling uses as identified in the 1979 Neighborhood Plan
· Portion of property was rezoned from RD to C-1 in 1985 (Z-07-24-85)
· Property was rezoned to CN1 and RM32 in July 2006 as part of the adoption of the Development Code.
Staff Finding – The subject property is not currently vacant. The property has been used for commercial and multi-dwelling uses since prior to 1966.
7) EXTENT TO WHICH APPROVAING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
The proposed project has evolved from a mixed use commercial/condominium project on a smaller parcel to the proposed hotel, retail commercial and possible condominium development on .74 acres. The proposed zoning district has remained PCD-2 throughout the evolution of the project. Direct inquiries from adjacent property owners have been minimal. The applicant was encouraged to meet with the Oread Neighborhood Association directly to seek input and respond to that input as part of the process prior to public hearing. Staff has attended some but not all of these meetings. Overall, neighborhood comments observed by staff have been positive.
The project is large and will have an increased generation of traffic. Off-street improvements are proposed as part of the project that may result in improvement of circulation as traffic enters and exits the University at the Oread Avenue access to Jayhawk Boulevard. City Staff have indicated that preservation of the pedestrian circulation around the subject property and connection to the public street and sidewalk system will continue to be important elements.
The proposed use includes outdoor patios on multiple sides of the building and a 7th floor roof terrace area. Activities on these aboveground outdoor areas can and will generate noise unless appropriate restrictions are placed on the use and activity. These elements will be discussed further as part of the development plan. Without such controls to address noise, detrimental affects could result on nearby properties.
Staff Finding –Appropriate conditions and restrictions should be added to the development plan to address noise to mitigate impacts on the surrounding area. These conditions will place a time limit on the hours that organized outdoor entertainment shall be allowed and will also address timing of public improvements to coordinate with development construction. These conditions shall be administered through the development plan to assure there are proper mitigations established to provide protections to adjacent property owners.
8) THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT OF DENIAL OF THE APPLICATION
The proposed project is intended as a redevelopment of existing properties. Staff has supported the concept of redevelopment as a mixed use project for this area. The limitation of the existing development code is the lack of a conventional mixed use district that provides standards to guide development. The location has a visual connection to the University area and is surrounding by high-density residential development typically occupied by students attending KU (based on site inspections and staff observations of the area).
Approval of the request will allow a significant reinvestment in property which will benefit the neighborhood positively through property maintenance. It should be recognized that the property is also within the environs of Historic properties and adjacent to the Hancock Historic District to the south and west.
Staff Finding –Neighbors generally review the project as an improvement to encourage reinvestment in the surrounding neighborhood and the community at large.
9) THE RECOMMENDATION OF THE CITY’S PROFESSIONAL STAFF
This project is both large and complex in its structure, height, impact and relationship to the neighborhood as well as code compliance. Staff recommended that the public hearing be opened based on the available data to seek public comment on the proposed project, and then continue the public hearing to the October Planning Commission meeting. The September public hearing included only a small amount of testimony regarding the proposed development. It was noted that the size in height for the project is a concern for the Lawrence Preservation Alliance. Other concerns indicated a restriction of uses would be beneficial. There was not a stated objection to the overall proposed project. Given the neighborhood support as well as basic policy recommendations for redevelopment and mixed use recommendations found in Horizon 2020, staff recommends approval of the proposed development.
Staff Finding – The prevailing support for the proposed redevelopment project is generated from within the immediate neighborhood in which the project will be located. Land use support is provided in the comprehensive plan at a broad level to support redevelopment of existing commercial areas. The location while not immediately adjacent to a collector or arterial street is clearly a high activity area with direct access to the University. The intensity of the use located with proximity to a main entrance of the University is appropriate. This evaluation of zoning is tied directly to the associated Preliminary Development Plan for Oread Inn. Staff recommends the rezoning subject to the approval of a Preliminary Development Plan to assure that necessary conditions are implemented to protect the surrounding neighborhood.
[1] Go to www.lawrenceplanning.org/Maps & Documents/Plans, Studies, Codes and Regulations to view an electronic copy of the Neighborhood Plan.