PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

4/21/08

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.

 

STAFF RECOMMENDATION: Staff recommends denial of 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 denial based on the findings of fact found in the body of the staff report .

 

Applicant’s reason for request:        “This land is currently zoned UR to provide a ‘placeholder’ classification for newly annexed land. The current UR zoning classification makes it necessary to zone the property for an intended use.”

 

KEY POINTS

·         This rezoning request is part of a development proposal for 1 lot, 24.21 acres, of multi-dwelling residential development; 2 lots, 7.23 acres of commercial development; and 3 lots, 5.669 acres of commercial-office development.

·         The property is currently unplatted and a Preliminary Plat [PP-10-09-07] was submitted concurrently with this rezoning request.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         The area is primarily undeveloped, but is in transition as development proposals have been submitted for the areas at the nearest intersections to the east and west and have been approved (preliminary approval for the development to the west, final approval for the development to the east).

 

CONFORMANCE WITH HORIZON 2020

§         The proposed rezoning request from UR to CO is not consistent with land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Planning Commission approval of Preliminary Plat [PP-10-09-07] which was submitted concurrently with this rezoning and is also being considered at the April meeting.

·         Planning Commission approval of associated rezonings [Z-02-07A-08: 6.99 acres from UR to RM12; Z-02-07B-08: 20.92 acres from UR to RM15; Z-01-07C-08: 7.23 acres from UR to CN2] which were submitted concurrently with this rezoning and are also being considered at the April meeting.

·         City Commission approval of zoning requests and publication of zoning ordinances.

·         City Commission acceptance of easements and rights-of-way on the Preliminary Plat.

·         Planning Director approval of the Final Plat.

·         Submittal of Public Improvement Plans to Utilities and Public Works Departments.

·         Recording of the Final Plat with the Douglas County Register of Deeds.

·         Submittal and administrative review of site plans for multi-family and commercial developments.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment has been received prior to printing this Staff Report.

 

GENERAL INFORMATION

Current Zoning and Land Use:

 

UR (Urban Reserve) District; agricultural land and undeveloped woodland which has been recently removed.

 

Surrounding Zoning and Land Use:

To the west: 

RS10 (Single-dwelling Residential) District; a church; and

 

GPI (General Public and Institutional Use) District; a site plan for a City water tower has been approved.

 

To the east:

 UR (Urban Reserve) District; single-dwelling homes.

 

To the north:   

UR (Urban Reserve) District; crop land. A rezoning request to the RM15 (Multi-dwelling Residential) District has been submitted with this development proposal for the property immediately to the north.

 

To the south:

PRD (Planned Residential Development) District; Multi-Dwelling development is currently under construction

 

RS7 (Single-dwelling Residential Development) District; undeveloped property which was platted as the Seventh Day Adventist Church Addition.    

 

 

I. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

  “Horizon 2020, defines ‘office’ as ‘a commercial area in which office and service uses predominate.’ (page 7-2) CO zoning would allow offices to occur while at the same time allowing commercial service uses for the offices and the surrounding neighborhoods.

 

This plan also complies with Horizon 2020 where it states, ‘Site access [should be] provided from arterial, collector or access/frontage streets and traffic directed away from surrounding residential areas.’ (age 7-11) This request conforms because it is located at the corners of 6th (arterial) and Stoneridge (collector) and 6th and Queens (collector) which allows the proposed CO zoning to direct traffic onto the appropriate street classifications and away from the surrounding residential streets.”

 

The following statements are recommendations from Horizon 2020 regarding Commercial Development and Neighborhood Commercial Centers and Staff comments, in italics:

 

New Commercial Areas

All new commercial and office development shall occur in accordance with the plan recommendations.  New commercial, retail and related uses shall be developed as a node with shared parking areas, and common access drives.

 

Nodes shall be positioned and oriented to the primary street intersections where they are located, avoiding a ‘strip’ pattern as a result of extension of commercial uses along the streets from where the node originated.

 

Commercial nodes include other important community services and facilities, such as satellite post offices, police, fire and emergency services, religious facilities, community centers and other services and institutions. Inclusion of these uses assists the integration of the commercial area into the overall neighborhood, serving multiple communities and service needs in a single location, and creating physically distinctive use areas apart from traditional commercial areas.  (page 6-20)

 

The uses which are listed as related commercial uses for nodal development are uses which are permitted within the CO District. The Comprehensive Plan recommends locating these uses within the nodal development and discourages the strip development pattern being proposed.

 

Policy 2.5: Office, Research and Semi-Public Development as Transitional Use

Encourage using low-intensity office, research and semi-public development as a transition between commercial development and low-density residential neighborhood.

 

Commercial office uses are recommended for inclusion within commercial nodal developments. Low-intensive offices are recommended as transitions between commercial development and low-density residential neighborhoods. The proposed office development would not serve as a transition, being located between two medium-density residential neighborhoods on each side of W 6th Street.

 

Policy 2.5 A(3) (Transitional Office development shall include…)Site access provided from arterial, collector or access streets, with traffic directed away from surrounding residential areas.

The proposed office development proposes to take access from Kelly Drive, a local street, located adjacent to the surrounding residential area.

 

Policy 3.4 Criteria for Neighborhood Commercial Centers(g), Locate office, public, semi-public, parks and recreation or medium- and higher-density residential developments on remaining corners of intersection to avoid excessive concentrations of commercial traffic and unnecessary duplication of commercial services.  (page 6-32).

 

Office uses are recommended for location on the other corners of a nodal development. In this situation office uses extended linearly between two proposed nodal developments, creating a linear commercial/commercial-office development pattern.

Staff Finding  -- The proposed rezoning request is not in compliance with Horizon 2020 policies and recommendations for the following reasons:

§         the proposed development is designed as a linear strip development rather as a nodal development;

§         office uses are not proposed on the remaining corners of the nodal development or within the nodal development but are planned to extend between one proposed commercial node and another, creating a linear commercial/commercial-office development; and

§         commercial-office uses are being proposed as transitional uses in an area where transition is not needed. (The proposed commercial-office uses are located between medium-density multi-dwelling, residential on the north side of W 6th Street and medium-density multi-dwelling, residential on the south side of W 6th Street)

 

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

Property adjacent to the subject property on the east, west and north are part of this development proposal. The property to the east and west has a CN2 Zoning request and the property to the north has multi-dwelling rezoning requests to the RM12 and RM15 Districts which are also being considered at the April Planning Commission meeting.

 

Property to the west of the property within this development proposal is zoned GPI, for a City water tower; and RS10, with a church. Property to the north had a development proposal for single family and duplex residences and zonings of RS7 and RM12D approved. The plat, Loges Addition, expired; therefore the zoning remains UR (Urban Reserve) and the land remains in agricultural uses. Further to the north is an area zoned RM12-PD for a proposed development, The Links at Lawrence, with preliminary approval of a multi-dwelling residential development and golf course with density limited to no more than 6 units per acre.  Property to the east is zoned RM12 and developed as multi-family residential and existing parcels along Queens Road that are zoned UR. To the south, is property under the same ownership which has commercial rezoning requests being considered concurrently with this rezoning and across W 6th Street is property zoned PRD with a maximum density of 12 units per acre which has duplex and 8-plex units under construction (Aberdeen on 6th).

 

Staff Finding  -- The surrounding properties are zoned for residential purposes or have not yet been rezoned for urban development. The immediate area is mostly undeveloped with the exception of the St. Margaret’s Episcopal Church to the west and the Aberdeen Development, a medium density residential development which is under construction to the south. Construction of a City water tower is pending to the west. Commercial developments are proposed to the west and east.

 

III.  CHARACTER OF THE NEIGHBORHOOD

Applicant’s response: 

“The subject area is presently undeveloped or only partially developed. The proposed CO zoning is surrounded by proposed CN2 to the west, proposed RM15 to the north, proposed CN2 to the east, and PRD and RS7 zoning to the south.

 

CO zoning will allow neighboring residents convenient pedestrian access to offices and service uses, further benefited by numbers existing and/or proposed sidewalks and recreation paths in and around the subject area.”

 

The area contains W 6th Street/Highway 40, which is designated as a principal arterial on the Major Thoroughfares Map; K-10 Bypass, which is designated as a freeway on the Major Thoroughfares Map; Queens Road, which is designated as a major collector on the Major Thoroughfares Map; and Wakarusa Drive, which is designated as a principal arterial on the Major Thoroughfares Map. The area is largely undeveloped at this time, but there are several development proposals pending which have had rezonings and Preliminary Development Plans approved. Figure 1 illustrates the location of existing and proposed commercial development in the area.

 

The immediate area contains primarily residentially zoned property, or property which has not yet been rezoned to an urban zoning district. The subject property is located between two commercial nodes at the intersections of W 6th St and the K-10 Bypass and W 6th St and Wakarusa Dr. Preliminary Development Plans for a Community Commercial Center under 400,000 sq. ft (CC400) have been approved and are pending for the northeast and southeast corners of the intersection of W 6th Street and the K10 Bypass. This node is located approximately 1500 ft. west of the subject property and will contain 400,000 sq. ft. of commercial uses. Final Development Plans have been approved for commercial development at the northwest corner of the intersection of W 6th Street and Wakarusa Drive, approximately 1500 ft. east of the subject property which will contain 127,487 sq. ft. of commercial uses.  Commercial development currently exists on the southwest and southeast corners of the intersection of W 6th Street and Wakarusa Drive. Commercial development [Bauer Farms] has been preliminary approved at the northeast corner of W 6th and Wakarusa Drive.

 

Staff Finding  --  The subject property is located in  a high traffic area along a principal arterial, W 6th Street/40 Hwy with intersecting collector, Queens Road, and arterial streets, George Williams Way and Wakarusa Drive. The area is currently undeveloped for the most part, but preliminary developments plans for a community commercial center at the intersection of W 6th Street and K-10 Bypass and commercial developments at the intersection of W 6th Street and Wakarusa Drive have been approved. The property along W 6th Street between Commercial areas near the K-10 Bypass and Wakarusa Drive is zoned for residential uses or remains in the UR Zoning District pending development proposals.

 

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

The Northwest Plan recommends a multi-family/office mixed development in this area on the future land use map (Figure 2).  

 

Staff Finding -- The proposal is for commercial-office use in this area, not for an office/multi-family mixed development  as recommended in the Northwest Plan and therefore it is not compliant with plans which have been adopted for the area.

 

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

 

Applicant’s Response:

“The existing UR zoning/restrictions is/are unsuitable for the proposed uses prescribed or suggested within the Comprehensive Plan.”

 

The UR (Urban Reserve) District is a special purpose district which the Development Code states is intended to provide a suitable classification for newly annexed land. The district is intended to avoid premature or inappropriate development that is not well served by infrastructure or community services. The only principal uses allowed in the UR District are crop agriculture and any lawful uses in existence immediately prior to annexation. Rezoning is necessary for the property to be used in any other manner.  As infrastructure and community services are available and a development proposal has been submitted, the UR District is no longer appropriate for this property.

 

Staff Finding --  The property as zoned would allow for only crop agriculture. Given the proximity to Highway 40/W 6th Street and the K-10 Bypass, and the submittal of a development proposal the zoning of UR is no longer appropriate.

 

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

Applicant’s Response:

          “The property has remained vacant with the UR zoning classification since the Lawrence Development Code was adopted in July 2006.”

 

Staff Finding – The property has never been developed but has been used for agricultural purposes.

 

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

 

Applicant’s response:

“Because adequately designed perimeter streets will separate the subject land from nearby properties, and because existing and/or proposed pedestrian paths will allow convenient access, surrounding properties will not be adversely affected by approving the CN2 zoning for this site.”

 

The rezoning request would permit commercial/office development in this area along W 6th Street. Concerns have been raised from Neighborhood Associations in the area with previous proposals for commercial development with the amount of traffic anticipated along W 6th and the impact on the streets through their neighborhood.  Rezoning the area as commercial/office would increase the amount of traffic generated, and may have a negative impact on surrounding residential neighborhoods. The City Engineer reviewed the Traffic Impact Study and determined that a dedicated right-turn lane from Stoneridge Drive and a dedicated left-turn lane may from Queens Road into the development would be necessary.

 

The Comprehensive Plan does not recommend commercial office uses along W 6th Street, except in nodal developments. The rezoning would alter the character of the area, which is anticipated based on the recommendations in Horizon 2020.

 

Staff Finding – The development could detrimentally impact nearby properties through an increase in traffic generated from the proposed use and the uses which are anticipated based on recommendations in Horizon 2020. 

 

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 OF THE DENIAL OF THE APPLICATION

 

Applicant’s Response:

       “The ability to provide necessary personal and neighborhood services to a continually growing area populace (approx. 72 acres of multi-family and approx. 41 acres of single-family with ¼ mile) will clearly benefit the public health safety and welfare. Denial of the application would prohibit said benefit”.

 

Evaluation of these criteria includes weighing the benefits to the public versus the benefits to the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare. If the rezoning request were not approved, the land would remain undeveloped, pending a development proposal which is compliant with the recommendations of the Comprehensive Plan.  Approval of the rezoning request may impact the public health, safety and welfare through the increased traffic volumes associated with strip commercial zonings.

 

Approval of commercial development in locations not anticipated by Horizon 2020 results in a departure from the long-range vision for the community and may result in strip commercial development. Departure from adopted plans reduces the ability of property owners to rely on plans when making property investments.

 

Staff Finding –  If the rezoning were not approved, the area could develop as recommended in Horizon 2020 and as anticipated by area residents. The amount of traffic generated by the proposed commercial development along W 6th Street and through the nearby neighborhoods would be greater than with the residential/office use recommended in the Comprehensive Plan. Denying the rezoning request would prohibit development in this area at this time, pending the submittal of a rezoning request which was compliant with the recommendations of Horizon 2020.

 

IX. PROFESSIONAL STAFF RECOMMENDATION

Staff Review

An independent Retail Market Impact Analysis is required per Section 20-1107(a) of the Development Code for any proposed commercial development which could result in over 50,000 sq. ft. or more of additional floor area for retail businesses in the City. As the proposed rezoning and preliminary plat would create an area which could result in over 50,000 sq. ft. of retail floor area, a Retail Market Impact Analysis was required.  The Retail Market Study that was submitted by the applicant has been reviewed by Staff. Staff is of the opinion that the Retail Market Study submitted satisfies the requirements of Section 20-1107 of the Development Code.

 

The location of the commercial and commercial office land use is not compliant with the recommendations in Horizon 2020 or the Northwest Plan. This area was planned as part of the Northwest Plan in 1997. The land use map (figure 2) shows that residential/office uses were recommended at this location.  The text of the Northwest Area Plan provides the following statement regarding commercial development in this area:

 

“The plan reiterates the goal of Horizon 2020 to terminate the lineal (strip) commercial development along West  Sixth Street, west of Monterey Way, by planning commercial land uses only at the intersections of West Sixth Street and Wakarusa Drive and West Sixth Street and the South Lawrence Trafficway.”  (page 8, Northwest Plan)

 

The proposed rezoning does not comply with recommendations of Horizon 2020 or the Northwest Plan; therefore, Staff does not support the rezoning request.  Staff would be supportive of a rezoning request that included a mix of multi-dwelling residential and office, such as the RMO Zoning District.

 

The CO District permits some commercial uses along with office uses, and does not permit residential uses, with the exception of group homes for 11 individuals or more. Uses that are permitted in the CO District in addition to office are listed below:

 

 

Staff Finding

 

The proposed rezoning to the CO District is not compliant with the recommendations in the Comprehensive Plan or the Northwest Plan; therefore Staff recommends denial of the rezoning request. Staff would support a rezoning request that is in conformance with the recommendations in the area and comprehensive plan for a mixed office/multi-dwelling residential development, such as the RMO (Multi-Dwelling Residential-Office) District.

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                     

 
 

Bauer

Farms

PCD
 

Westgate PCD
 

CN*

PCD
 

Wal-Mart PCD
 

Northgate PCD
 

Mercato PCD
 

 

 

 

 

 

 

 


       Figure 1. General locations of commercial development in the area. Mercato, Northgate and Wal-Mart Preliminary Development Plans have been approved, and Colonial Northeast (CN*) is an  established commercial center. Subject property outlined in BLUE.

 

 

 

 

 

 

 

 

 

 

Text Box:

County road

Major street

City park

Commercial

Institutional

Multi-family

Office

Office/m.f. mix

Rural Residential

Single-family
 

X
 

Figure 2. Land Use map from the Northwest Area Plan. Subject property (shown with an X) is recommended for development as Office / multi-family mix.