PC Minutes 12/14/05

ITEM NO. 15A:         PRD-2 TO PCD-2; 8.23 ACRES; NORTH OF W. 6TH STREET                                                  BETWEEN WAKARUSA DRIVE AND FOLKS ROAD (PGP)      

 

Z-03-17-05:  A request to rezone a tract of land approximately 8.23 acres from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial Development) District.  The property is generally described as being located north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  (A public hearing was held in October.  Planning Commission deferred action until December.)

 

PC Minutes 12/14/05

ITEM NO. 15B:         PCD-2 TO PCD-2 W/REVISED USE RESTRICTIONS); 18.938                                             ACRES; NORTH OF W. 6TH STREET BETWEEN WAKARUSA DRIVE                                      AND FOLKS ROAD (PGP)          

 

Z-07-48-05:  A request to rezone a tract of land approximately 18.938 acres from 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 north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  (A public hearing was held in October.  Planning Commission deferred action until December.)

 

PC Minutes 12/14/05

ITEM NO. 15C:         PRELIMINARY DEVELOPMENT PLAN FOR BAUER FARM; NORTH                                      OF W. 6TH STREET BETWEEN WAKARUSA DRIVE AND FOLKS                                             ROAD (PGP)

 

PDP-03-02-05:  Preliminary Development Plan for Bauer Farm.  This proposed planned commercial, office, and residential development contains approximately 43.88 acres.  The property is generally described as being located north of W. 6th Street (U.S. Highway 40) between Wakarusa Drive and Folks Road.  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  Consideration will include requests for approval of waivers from various requirements in Article 10 of the Zoning Ordinance.  (A public hearing was held in October.  Planning Commission deferred action until December.)

 

Staff presentation

Items 15A, B, and C were presented together. Paul Patterson presented these items and was present to answer any questions. Staff noted that at the October Planning Commission meeting there was a discussion and hearing, and any action was deferred to this meeting.

 

Applicant presentation

Mr. Treanor gave an overhead presentation on this item and was present, along with Mike Walstedt, Trans Systems, to answer questions.

 

The overhead presentation included slides that demonstrate the concepts and principles, as well as the context, that concern the whole project: downtown slides that demonstrate concepts of New Urbanism and smart growth as places that people want to go, Old East and West Lawrence, the Stapleton project, Seaside Florida, Rosemary Beach Florida, Bradburn Colorado, 151st Street Corridor in Overland Park; the current policy context and difficulties with access management guidelines, context of the site with schools and residence, planning documents, architecture on the project, sketches of the project, variances and waivers for lot sizes, periphery boundary and proposal to reduce that boundary, alleyways and street widths, slides that demonstrate housing that has a relationship with the street.

 

Several points were verified:

  • Mr. Treanor stressed that the project will be very pedestrian-oriented and attempted to fully satisfy all of the concepts of New Urbanism.
  • Bill Ahrens’ chart was adjusted to show the actual sizes that drive-through and sit down restaurants and banks typically have. The chart looks at Ahrens’ chart building by building, and comes up with a range that shows traffic somewhat lower than what was in the original traffic study.
  • The PDP Proposed Conditions submitted from the applicant are attached to the memo that the Commission received at the mid-month meeting.
  • Plans are being developed for additional residential developments on the areas where the hotel and theater would be, should no hotel or theater be constructed.
  • All of the streets, with the exception of Champion Lane, will be private.
  • All of the residences will be built in Phase 1.
  • All of the maintenance of the common green spaces will be handled by the home owners and business owners associations. City zoning codes require levels of maintenance and they seem to function quite well. Typically in the agreements the owner or developer is responsible for deficiencies that occur.
  • Adjacent property owners have all been notified of the project and rezoning requests.
  • Overland Drive is only 32 feet wide and is therefore not wide enough to re-stripe, so turn lanes would be added at intersections.
  • Bauer Farm’s land use was included in KDOT’s model in the original traffic impact study. KDOT did a near-term analysis, the extent was to Overland on the North side, Harvard on the south side, not looking at entire NW area or at future potential improvements such as George Williams Way and 15th Street.
  • The applicant is requesting that the 50 foot setback be removed and that normal setbacks be allowed, and grant a waiver from the 30 and 35 foot setbacks, to a 15 foot and as little as 10 foot setback.
  • The drive-thrus are particular businesses, 1 coffee, 2 food, 2 banks, and the bank volume is low.
  • 20-40% of the traffic is pass-by traffic, with more convenience type uses like banks increases up to the 40-60% range. The number of new trips will be around 25,000. The design capacity for 6th Street is 35,000-40,000 vehicles. The design capacity for Wakarusa would be the same.

 

Mike Walstedt commented that the trip generation tables concern the same site, but have two different approaches: one to look at each site individually and the other to look at it as a shopping center. Mr. Walstedt said that the development doesn’t fit neatly into categories so they are trying to provide different scenarios.

 

Mr. Ahrens noted that changes in the setback requirements would not change the 110-150 foot requirement to make a parkway along 6th Street.

 

Ermeling requested public clarification for the whole project, that the project to no longer be called New Urbanism, or New Suburbanism, or Traditional Neighborhood Design. The applicant responded that the East side is a traditional neighborhood design and the West side is mixed-use.  After additional questions, Mr. Treanor conceded that the proposal was not a pure New Urbanist project, but a hybrid plan that included many New Urbanist design elements.

 

Pubic hearing

Mary Doveton, Director of the Community Theater, stressed how excited they are about the prospect of this project. She commented that they shelved another project because they were so excited about this project. Ms. Doveton noted that the project represents an opportunity for two of the premier architectural firms in Lawrence to work in conjunction.

 

Gwen Klingenberg, with the West Lawrence Neighborhood Association, voiced the concerns of the association, including that the convention center and theater were not listed as commercial, the issue of street traffic, that she was informed that there were 8 drive-thrus and not 5, and that Champion Lane needs a stoplight giving access to West Lawrence in and out of the commercial area. Ms. Klingenberg was also concerned about the walkability impacts on West Lawrence.

 

Commission discussion

Krebs commented that the residential development is good, but that the one remaining concern is the idea of facing the residences onto the public open area. Krebs recognized that there would be no right turn off of 6th Street, and wanted conditions placed upon the area that is currently identified as a hotel or conference center or to make it clear it was not approved for commercial development at this time. Krebs commented that she would like to see the buildings facing the park to be turned a quarter of a turn.

 

Ermeling commented that she would like for the facades for the businesses along 6th Street to not to look like the brands that come in; the architecture should merge into the rest of the development. She asked if there was any way to place apartments above Lots 2 and 3 to break up the line of single-story buildings.

 

Jennings commented that he likes the project and he doesn’t think it is fair to pick at the commercial side of Champion Lane and its looking like two separate projects, because this is not the fault of the applicants who worked with the square footage limitation that the Commission gave them.

 

Haase thought that the commercial use limitations were as high as they can get. He expressed concern about the residential units facing 6th Street. Haase commented that it is absolutely fundamental that the conventional lots be incorporated into the current plan. He wanted to see iteration into how this project can be rearranged to better align with the Commission’s standards.

 

Eichhorn noted that the variances and waivers seemed perfectly adequate. He agreed that some commercial buildings should have residential above.

 

Burress thought that there shouldn’t be any commercial here at all, and that the applicant should not get any more than the already compromised 62,000 square feet. He also did not see the kind of walkability that he had hoped for, and he is concerned about having front steps so close to 6th Street.

 

Harris shared Burress’ concern about the distance of the houses along 6th Street from the road.

 

The applicant noted that 6th Street and Kentucky is the highest traffic count in town, and houses front those streets.

 

Action taken

 

Motioned by Eichhorn, seconded by Harris to approve Item 15A. Ermeling proposed an amendment, seconded by Burress that the Commission amend the uses originally in place and that the Commission have some visual demonstration of what has been proposed tonight by commissioners and based on that particular orientation, there might be flexibility that would allow for a drive-thru or two, might be negotiation room for drive-thrus if we can see a plan. Lawson took exception to this because he thought the applicant ought to at least have the assurance that the zoning will be there.

 

Staff clarified on pg.7-8 of the staff’s recommended uses in addition to those uses originally in place. The applicant clarified that Ermeling’s amendment takes away all drive-thrus. Krebs clarified that the items on pg. 9 would be removed by voting for the amendment. Staff noted that on the October meeting Item 7C pg. 11 has specific uses allowed, with additional uses in October minutes. The applicant clarified what he thinks is on the floor: expanded uses from the October 24 meeting, go back to staff recommended additional uses that were in addition to what was in the ordinance, staff recommended uses would not allow drive-thrus. Amendment would be a middle ground, the left-hand column of additional uses from the October 24th meeting, pg. 9 of the yellow minutes.

 

Amendment fails to carry, 8-2. Burress and Haase voted in favor of amendment.

 

Motioned by Ermeling, seconded by Krebs to add an amendment that excludes liquor, wine, and beer sales off the premises. Burress thought that neighbors need a liquor store in walking distance.

 

Amendment carried, 7-3. Burress, Riordan, and Jennings voted in opposition.

 

 

Motioned by Eichhorn, seconded by Harris to approve the request to rezone a tract of land, generally described as being located north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm), from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial Development) District subject to conditions listed in staff report and amended uses determined at October 24, 2005 meeting.

         

Motion carried, 7-3. Harris, Haase, and Burress voted in opposition.

 

 

Motioned by Lawson, seconded by Jennings to approve the request to rezone a tract of land, generally described as being located north of W. 6th Street between Wakarusa Drive and Folks Road (Bauer Farm), from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District as presented and with the conditions established in Item 7C in October with same use restrictions as in Item 15A.

 

Krebs commented that her interest is to leave that quadrant as a residential development. Staff noted that putting a condition on the development plan itself would address this to make it clear that the Commission wouldn’t allow any other commercial development.

 

The applicant commented that he would like to see the possibility of office or mixed-use or all residential on that site.

 

Motioned by Krebs, seconded by Erickson, to amend Item 15B, with removal of hotel and motel from the acceptable uses.

         

Motion carried, 6-4, with Jennings, Eichhorn, Harris, and Lawson voting in opposition.

 

The Motion on the floor as amended carried, 8-2, with Haase and Burress voting in opposition.

 

Motioned by Krebs, seconded by Lawson to approve the 7 waivers (4 waivers and 3 subdivision design standards) as presented in the staff report and as requested by the applicants.

 

Motion carried, 9-1, with Haase voting in opposition.

 

Motioned by Lawson, seconded by Jennings to accept the final waiver, #4. Burress commented that he is opposed to it as presented by staff; he is willing to accept the waiver but not on public streets.

 

          Motion carried, 8-2, with Haase and Burress voting in opposition.

 

Motioned by Krebs, seconded by Ermeling to approve the Preliminary Development Plan for Bauer Farm, adding to the PDP the proposed conditions that the commissioners received from the applicant at this month’s mid-month meeting (12 items, including a change that drive-thrus be limited to 3) and a  restriction on the use of the area that is currently defined as hotel and convention center to have commercial retail not allowed, giving the applicant the flexibility to consider either office or mixed-use.

 

          Motion carried, 7-3, with Harris, Haase, and Burress voting in opposition.

 

Motion to extend the meeting to 11 p.m.

 

          Motion carried unanimously, 10-0.

 

Meeting extended to 11 p.m.

 

Motioned by Krebs to seek unanimous consent for 1 bank and 3 drive-thrus. No objections,  unanimous consent given. Motion clarified to be 4 drive-thrus, 1 or more of which will be a bank.

 

Motion carried, 7-3, with Harris, Haase, and Burress voting in opposition.