PC Minutes 4/21/08  DRAFT

ITEM NO. 6A      UR TO RM12; 6.99 ACRES; S OF OVERLAND DR BETWEEN STONERIDGE DR & QUEENS RD (MKM)

 

Z-02-07A-08: A request to rezone a tract of land approximately 6.99 acres from UR (Urban Reserve) to RM12 (Multi-Dwelling Residential). The property is located S of Overland Dr between Stoneridge Dr & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.  

 

ITEM NO. 6B      UR TO RM15; 20.92 ACRES; S OF OVERLAND DR BETWEEN STONERIDGE DR & QUEENS RD (MKM)

 

Z-02-07B-08: A request to rezone a tract of land approximately 20.92 acres from UR (Urban Reserve) to RM15 (Multi-Dwelling Residential). The property is located S of Overland Dr between Stoneridge Dr & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.  

 

ITEM NO. 6C      UR TO CN2; 7.23 ACRES; NE CORNER OF 6TH ST & STONERIDGE AND NW CORNER OF 6TH ST & QUEENS RD (MKM)

 

Z-02-07C-08: A request to rezone a tract of land approximately 7.23 acres from UR (Urban Reserve) to CN2 (Neighborhood Shopping Center). 2.6 acres located in the NE corner of 6th St & Stoneridge and 4.55 acres located in the NW corner of 6th St & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.  

 

ITEM NO. 6D      UR TO CO; 5.669 ACRES; N OF 6TH ST BETWEEN STONERIDGE DR & QUEENS RD (MKM)

 

Z-02-07D-08: A request to rezone a tract of land approximately 5.669 acres from UR (Urban Reserve) to CO (Office Commercial). The property is located N of 6th St between Stoneridge Dr & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.

 

ITEM NO. 6E       PRELIMINARY PLAT FOR CREEKSTONE; STONERIDGE DR TO QUEENS RD & 6TH ST TO OVERLAND DR (MKM)

 

PP-10-09-07: Revised Preliminary Plat for Creekstone, Stoneridge Dr to Queens Rd & 6th St to Overland Dr, a  6 lot subdivision containing 34.864 acres. Submitted by Landplan Engineering, for Pear Tree Village LC, property owner of record.

 

STAFF PRESENTATION

Ms. Mary Miller presented items 6A-6E together.

 

APPLICANT PRESENTATION

Mr. Pat Kelly, developer of property, gave a brief history of himself and his background. Introduced Mark Anderson, Mike Finegold, Joy Rhea, and Phil Struble, who were also present.

 

Mr. Phil Struble, Landplan Engineering, discussed the RM12 rezoning. He felt that they needed to go to more density, not less, but the RM12 will provide transitions to projects that went into with less density than Horizon 2020 allowed. He stated the cost of infrastructure makes more density necessary. He emphasized the walk-ability of the project. He asked that condition 10 on the Preliminary Plat Staff Report be stricken or include the option that the turn lanes can be financed through a benefit district. He would like to proceed with the Preliminary Plat even if the rezonings are deferred/denied.

 

Mr. Mark Anderson, said there were no other properties in the area that had land with special assessments equal to $4 a square foot. He said the plans need to work in economic reality and that these improvements are critical for the City.

 

Mr. Mike Finegold, assisted Mr. Kelly in purchasing the property, stated that they met with Planning Staff in the beginning and were encouraged to use mixed use development.

 

PUBLIC HEARING

Mr. Alan Cowles, West Lawrence Neighborhood Association, objected to the strip mall rezoning for item 6C. He did not feel it fit the area plan. He mentioned promises that had been made when additional commercial property was added to the 6th & Wakarusa area.

 

COMMISSION DISCUSSION

Commissioner Moore asked where the line between RM12 to RM15 originated from.

 

Ms. Miller said the size of RM15 was so much larger than the other areas zoned for medium density in the area and the Northwest Area Plan recommends reducing the density from W 6th Street to the north so the RM15 area was reduced and an area with lesser density was provided to the north.

 

Commissioner Carter asked why Mr. Cowles referred to a strip mall.

 

Ms. Miller said it can be considered strip commercial.

 

Commissioner Eichhorn asked if the Northwest Area Plan was in Horizon 2020.

 

Mr. McCullough said that the Northwest Area Plan needed to be updated but that they still use it as a guide.

 

Commissioner Eichhorn asked if originally the plan was to have CN2 zoning all the way across the project.

 

Mr. McCullough replied yes, as the first design.

 

Commissioner Lawson said the retail impact study acknowledges that it was done but he did not see results.

 

Ms. Miller said there were a few minor errors and that it was reviewed and accepted by Long Range Planner, Amy Miller.

 

Commissioner Lawson asked what it revealed.

 

Mr. Struble said the first design had CN2 zoning across the entire front. CO is not as clear cut as other districts, other than saying that there is capacity for more small commercial retail, there was not much more. The study indicated that there was capacity in the retail market for this development.

 

Commissioner Lawson said that one of the things staff points to is the amount of existing commercial development in that area. He felt that staff was right and asked how many fast food stores and banks does Lawrence need today or in the foreseeable future.

 

Mr. Kelly said that a walkable community was needed and that the community could benefit from this project.

 

Commissioner Eichhorn asked what other options they would have if they developed as a mixed use district.

 

Mr. McCullough said that staff would have to look at it.

 

Mr. Struble said they are focusing on the walkability of the project and that it is not designed to compete with nearby developments such as Mercato or WalMart.

 

Commissioner Eichhorn inquired about private streets and would more density come from a PD.

 

Mr. Struble replied, no. The private street comment came from using standard city note language. They will not be creating private streets with this development.  He was not in favor of PD’s.

 

Commissioner Carter had questions about the long term plan and asked if staff’s opinion had changed.

 

Mr. McCullough said that September was when staff took a harder look at it and that staff opinion is based on Horizon 2020.

 

Commissioner Moore said that if office development was held to the same standard as commercial there would not be any more office development built.

 

Commissioner Finkeldei asked if the nodal concept in Horizon 2020 was at the corners of collector streets and arterials or arterials intersections.

 

Mr. McCullough said they are specifically identified by list and map in Horizon 2020.

 

Commissioner Finkeldei inquired about the designation of the streets.

 

Mr. Struble said the streets are collectors.

 

Ms. Miller said that certain intersections are designated for CN2.

 

Commissioner Finkeldei said that CO and CN2 in the use tables are fairly similar and they both allow retail sales generally. He asked what the difference between retail sales general and retail sales typical was.

 

Ms. Miller read the definitions out loud.

 

Commissioner Finkeldei inquired about the possibility of constructing multiple buildings being per lot.

 

Ms. Miller said that two buildings could probably go on one lot, but they would be small buildings.

 

Commissioner Blaser said that he wished the area on both sides was built out because he thought it would look different. He was not in favor of commercial.

 

Commissioner Finkeldei asked Mr. Struble about the plat request.

 

Mr. Struble said that he would like to proceed with the Preliminary Plat and work on the rezoning later.

 

Commissioner Finkeldei asked staff about their position on moving ahead with the Preliminary Plat.

 

Ms. Miller said that there would be constraints on future development if the zoning was not determined. If different zonings were approved, the southern portion of the plat may need to be reconfigured.

 

Mr. Struble was not worried about that issue and said they were willing to take the risk.

 

ACTION TAKEN ON ITEM 6A

Motioned by Commissioner Lawson, seconded by Commissioner Moore, to approve the rezoning request for 6.99 acres from UR (Urban Reserve) to RM12 (Multi-dwelling Residential) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

 

Unanimously approved 7-0.

 

ACTION TAKEN ON ITEM 6B

Motioned by Commissioner Lawson, seconded by Commissioner Moore, to approve the rezoning request for 20.92 acres from UR (Urban Reserve) to RM15 (Multi-dwelling Residential) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report .

 

Unanimously approved 7-0.

 

ACTION TAKEN ON ITEM 6C

Commissioner Moore said he would not vote to deny the item.

 

Commissioner Eichhorn asked how they would change the code to allow this type of development without it being a strip.

 

Commissioner Lawson felt that 930,000 square feet was an issue. He respected the concerns regarding the developer costs.

 

Commissioner Eichhorn said if support could be found that it was not necessarily a bad place to put it and suggested that perhaps H2020 should be changed to permit this.

 

Commissioner Carter said the market has to take care of itself.

 

Commissioner Eichhorn said that they need to use findings of fact to support their recommendation.

 

Commissioner Finkeldei was trying to understand how Horizon 2020 and the Development Code work together. He said that commercial could be supported there but that it did not comply with Horizon 2020.

Commissioner Eichhorn inquired about limitations in CO.

 

Commissioner Moore did not understand why it was okay to overbuild office.

 

Mr. Struble said they would not be opposed to CO across the whole front of the project.

 

Commissioner Finkeldei asked what was the reason for recommendation of denial of the CO.

 

Mr. McCullough said that CO allows many retail uses by right and the development is arranged in a strip pattern. Staff recommendation was to reduce that.

 

Commissioner Finkeldei said that CO is certainly more limiting than CN2, but still allows commercial uses. He asked if having CO across the whole area would change staff recommendation.

 

Mr. McCullough said that would not change staff recommendation.

 

Commissioner Finkeldei agreed that CN2 does not comply with Horizon 2020 and said that the CO district does not have nodal requirements. He was inclined to support CO across the whole area but not CN2.

 

Commissioner Moore inquired about how this development complies.

 

Commissioner Carter asked if the lesser change table would allow approval of CO.

 

Mr. McCullough replied, no.

 

Mr. John Miller stated that the lesser change table did not include CO. The applicant would have to reapply for CO. The Planning Commission can make a recommendation of approval for CN2.

 

Mr. Struble asked for deferral of the two CN2 commercial parcels but to move ahead with the Preliminary Plat.

 

Mr. McCullough said that there would be a lot of ‘what ifs’ in doing that.

 

Mr. Struble asked if there was a way for them not to bring in a final plat for those phases without the rezoning.

 

Mr. McCullough said that staff could work with that if the Commission desires and recommended that a note be added to the plat that requires zoning to be approved before the final plat can be submitted.

 

Motioned by Commissioner Finkeldei, seconded by Commissioner Carter, to indefinitely defer the  rezoning of approximately 7.23 acres from UR (Urban Reserve) to CN2 (Neighborhood Shopping Center). 2.6 acres located in the NE corner of 6th St & Stoneridge and 4.55 acres located in the NW corner of 6th St & Queens Rd.

 

Unanimously deferred 7-0.

 

ACTION TAKEN ON ITEM 6D

Motioned by Commissioner Finkeldei, seconded by Commissioner Chaney, to approve the rezoning request for 5.669 acres from UR (Urban Reserve) to CO (Commercial-Office) District and forwarding it to the City Commission with a recommendation for approval.

 

Unanimously approved 7-0.

 

ACTION TAKEN ON ITEM 6E

Motioned by Commissioner Finkeldei, seconded by Commissioner Carter, to approve the Preliminary Plat and forward to City Commission with the following revised conditions of approval:

 

1.       Provision of a note on the preliminary plat to acknowledge that the applicant/property owner would be required to execute several agreements at the final plat stage for recording with the final plat, including:

a.      an agreement not to protest the formation of a benefit district for signalization and geometric intersection improvements at Queens Road and W 6th Street;

b.      an agreement not to protest the formation of a benefit district for improvements to Queens Road; and

c.      an agreement not to protest the formation of a benefit district for geometric improvements to Queens Road and Overland Drive.

2.      A note must be placed on the plat stating that building permits for the multi-dwelling development will be restricted to 35 if only one access point is provided and restricted to 100 until 2 remote access points have been established, per the Fire Code.

3.       A note must be placed on the plat stating that the Utilities Department will be notified if the access points are changed from that shown on the plat to allow coordination with utility placement. The applicant must also notify the Public Works Department regarding any change to the proposed access points.

4.       Private streets are permitted only with planned developments. Any proposed streets on Lot 1, Block One must be public and must be shown on a revised plat with dedicated right-of-way and any necessary easements.

5.       Provisions of Financing of Roads, Sewer, Water and other Public Service Notes 1 and 2 must be revised to remove any reference to ‘private’ streets.

6.       Minimum Elevation of Building Openings (MEBO) must be noted for each lot which is adjacent to a drainage easement.

7.       A note must be placed on the plat stating that no building permits will be issued until streets are installed, hydrants are in service and signs are in place.

8.       A concept plan must be submitted which illustrates that the lot size and configuration will permit compliance with the Commercial Design Standards.

9.       Dedicated turn lanes must be shown on the plat, northbound right-turn lane at Stoneridge Drive and Kelly Drive and northbound left-turn lane at Queens Road and Kelly Drive.

10.   Notes must be added to the ‘Provisions of Financing’ notes stating that ‘The northbound right-turn lane on Stoneridge Drive at Kelly Drive will be constructed at the developers expense or through benefit district financing’ and “If Queens Road has been built prior to the construction of Kelly Drive, the developer is responsible for the construction of the northbound left-turn lane on Queens Road at Kelly Drive.” ‘If Queens Road has not yet been built when Kelly Drive is constructed and the City Engineer determines that the road is within the stages of planning and development that an agreement not to protest the formation of a benefit district may be appropriate, an agreement not to protest the formation of a benefit district may be executed.’

11.   Final Plat will not be approved until the rezoning for individual lots has been approved, excluding UR.

 

Unanimously approved 7-0.