PLANNING COMMISSION REPORT

Regular Agenda – Action Item

 

 

PC Staff Report

7/23/08

ITEM NO. 2:  COMPREHENSIVE PLAN AMENDMENT TO HORIZON 2020 CHAPTER 6 (DDW)

 

CPA-2008-10:  Hold public hearing on an applicant requested Comprehensive Plan Amendment (CPA) to Horizon 2020 Chapter 6, Commercial Land Use, to include the southwest corner of Crossgate Drive and Clinton Parkway as a potential location for a new Neighborhood Commercial Center.  Requested by Jane Eldredge, an attorney representing Item #3, a rezoning request to CN-2 for the site.

 

STAFF RECOMMENDATION:  Staff recommends denial of this comprehensive plan amendment to Horizon 2020 to amend Chapter 6 to include the southwest corner of Crossgate Drive and Clinton Parkway as a potential location for a new Neighborhood Commercial Center and recommends forwarding this comprehensive plan amendment to the Lawrence City Commission and the Douglas County Board of County Commissioners with a recommendation for denial.

 

SUMMARY

 

CPA-2007-10:  An applicant requested amendment to Horizon 2020 to include the southwest corner of Crossgate Drive and Clinton Parkway as a potential location for a new Neighborhood Commercial Center in Chapter 6 Commercial Land Use. 

 

STAFF REVIEW

 

The applicant is requesting a rezoning at the southwest corner of Crossgate Drive and Clinton Parkway to construct a Walgreens on an approximately 3-acre lot.  The proposal does not comply with the existing zoning or the land use policies of Horizon 2020 related to commercial development.  Desiring to move forward with the request, staff outlined several process options for their request: 1) seek property in an existing commercial designated area; 2) rezone contrary to Horizon 2020; or; 3) rezone and request a comprehensive plan amendment to allow a review of the merits of the CPA. 

 

Staff’s opinion is that if the rezoning is approved, Horizon 2020 should be revised to reflect the new commercial center.  In the alternative, the Commission could determine that the zoning is justified at this location but that this site does not qualify as a “commercial center” and therefore no CPA is required.

 

Staff reviewed this amendment based upon the comprehensive plan amendment review criteria listed below [identified in Chapter 13 (Implementation) of Horizon 2020].  Staff also provides additional policy review of the request.

 

Included on the last page of this staff report is the proposed amendment to Chapter 6 (Commercial Land Use).  If approved this amendment will be added to the Lawrence – New Commercial Areas section (pg. 6-20) by including “SW Corner Clinton Parkway and Crossgate Drive” to the list of Neighborhood Commercial Centers. 

 

This item, along with Item 3 which proposes rezoning the approximately 3-acre property at the subject corner to the CN-2 District, are action items.

 

COMPREHENSIVE PLAN AMENDMENT REVIEW

 

A.        Does the proposed amendment result from changed circumstances or unforeseen conditions not understood or addressed at the time the Plan was adopted?

 

Applicant’s response: The proposed amendment is a result of the changed circumstances that as a community we are addressing the need to encourage more pedestrian and transit-oriented commercial areas by encouraging neighborhood services that are integrated with residential neighborhoods, such as the traditional neighborhood designs that we are providing.  This amendment addresses the expressed needs to provide walkable neighborhood needs, such as a pharmacy, in a location that is safe and convenient for residents and especially for senior residents.

 

Staff’s response: Staff agrees that development policy is shifting towards Traditional Neighborhood Design (TND) that creates neighborhoods that are compact, walkable, transit-oriented, and provide more mixed land uses.  A recent amendment to Horizon 2020 Chapter 6 provided policy to support Mixed Use Districts and efforts are ongoing to provide policy support for the Lawrence SmartCode, a potential new parallel TND development code for Lawrence. 

 

However, these policies are best addressed by development that provides all of the elements of a traditional neighborhood or mixed use district.  Such developments integrate residential uses with non-residential uses such as commercial, office, civic, educational, and recreational.  Developments that provide only certain elements of traditional neighborhoods, while leaving out others, do not comply with the changing policy.  This proposal is adding a single retail business to a corner.  While there are high density residential uses in the immediate area, the proposal is not providing a mix of uses, nor is it integrating into the surrounding neighborhood.  This is a conventional development that does not comply with current Horizon 2020 policies or TND principles.

 

B.        Does the proposed amendment advance a clear public purpose and is it consistent with the long-range goals and policies of the plan?

 

Applicant’s response: The proposed amendment advances the clear public purpose of providing neighborhood needs at the neighborhood level.

 

Staff’s response: The amendment is in conflict with some of the policies of Chapter 6 regarding Neighborhood Commercial Centers.  The fourth paragraph of pg. 6-20 states: “The Comprehensive Plan does not support increasing the size or number of new Commercial Centers”.  Further, Policy 3.4C states: “New Neighborhood Commercial Centers shall be at least one (1) mile from any existing or new Commercial Center”. 

 

The southwest corner of Clinton Parkway and Crossgate Drive is approximately 1,800 feet from the commercial center at Kasold Drive and Clinton Parkway and approximately 1 mile from the center at Wakarusa and Clinton Parkway.  The commercial center at Kasold Drive and Clinton Parkway has approximately 123,898 square feet of built commercial space.  The center at Wakarusa and Clinton Parkway includes approximately 98,000 square feet of built commercial space with approvals for another approximately 12,575 square feet of additional commercial.  This proposal adds a single commercial use not integrated with the existing commercial center approximately 1,800 feet away.

 

C.        Is the proposed amendment a result of a clear change in public policy?

 

Applicant’s response: It is a result of a clear change in public policy from grouping all commercial businesses in one node to integrating neighborhood uses, such as a pharmacy, into our neighborhoods to provide amenities and a neighborhood identity or place where neighbors meet, as evidenced by our desire for traditional neighborhoods, more walkability, and more pedestrian-friendly environments.

 

Staff’s response:  This policy from pg. 6-2 states: Nodal Development is the antithesis of “Strip Development”. “Strip Development” is characterized by high-intensity, auto-oriented uses, shallow in depth and extending linearly along a street corridor, with little consideration given to access management and site aesthetics. The Nodal Development concept requires the clear termination of commercial development within near proximity of an intersection.  Further, Policy 3.1B states: “Strip Commercial Development: Stop the formation or expansion of Strip Commercial Development by directing new development in a more clustered pattern”.

Public policy has not changed regarding nodal commercial development versus strip commercial development within the conventional zoning framework.  The policy directs stand alone commercial uses to commercial nodes.  In this case, a commercial node exists within approximately 1,800 feet of the corner of the southwest corner of Clinton Parkway and Crossgate Drive.  A new commercial center is not appropriate so close to an existing center.

 

Other Policy Considerations

 

In addition to above, Horizon 2020 Chapter 6 – Commercial spells out additional policy regarding Neighborhood Commercial Centers.  The following policy is found on pg. 6-5: Neighborhood Commercial Centers may contain a variety of commercial uses, including a grocery store, convenience store, and other smaller retail shops and services such as a barbershop or beauty salon. To insure there are a variety of commercial uses and that no one use dominates a Neighborhood Commercial Center, no one store shall occupy an area larger than 40,000 gross square feet. The only exception is a grocery store, which may occupy an area up to 80,000 gross square feet.  

 

The proposal is for a single store of approximately 15,000 square feet, which complies with the second part of the policy which states that no store shall occupy an area larger than 40,000 square feet.  The proposal does not, however, contain a variety of commercial uses typical of a Neighborhood Commercial Center and, therefore, does not act as a center at all, but instead a stand-alone auto-oriented commercial use.

 

Horizon 2020 Chapter 6 – Commercial also provides policy guidance regarding criteria for Neighborhood Commercial Centers.  Policy 3.4 lists a number of criteria.  Those criteria are listed below along with Staff’s interpretation in bold of whether or not this request complies with them.

 

Policy 3.4: Criteria for Neighborhood Commercial Centers

A. Neighborhood Commercial Centers shall be located at the arterial/arterial or arterial/collector street intersections. Compliant – at intersection of arterial/collector.  However, it has not been determined whether access to this use can be provided given the design of Crossgate Drive.

B. Limit the commercial uses in neighborhood centers to one corner of the intersection. Compliant.  However, it is debatable whether this could be considered a “center”.

C. New Neighborhood Commercial Centers shall be at least one (1) mile from any existing or new Commercial Center. Not compliant – approximately 1,800 feet from the commercial center at Kasold and Clinton Parkway.

D. Neighborhood Commercial Centers shall contain no more than 100,000 gross square feet of commercial space with the exception of Neighborhood Commercial Centers that include a grocery store. Neighborhood Commercial Centers with a grocery store of 60,001 or more gross square feet may have up to a total of 125,000 gross square feet of commercial space. Compliant – contains approximately 15,000 square feet.

E. No one commercial use in a Neighborhood Commercial Center shall occupy an area larger than 40,000 gross square feet. The only exception is a grocery store, which may occupy an area up to 80,000 gross square feet. Compliant – the sigle use contains approximately 15,000 square feet.

F. A nodal plan shall be completed before a proposal for a Neighborhood Commercial Center goes before the Planning Commission. Not compliant.

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.  Compliant – remaining corners already have medium and high density residential.

H. Low-density residential uses may be located at the remaining corners of the intersection if sufficient screening measures are provided to offset noise and views of the intersection are provided. Not applicable.

I. Integrate neighborhood commercial centers into the surrounding residential neighborhoods by including pedestrian access, appropriate transitional elements and, if possible, the location of public or semi-public uses or parks and recreation uses adjacent to the commercial development. To be determined with site planning.

J. Neighborhood Commercial Centers shall be designed with pedestrian mobility as a top priority. To be determined with site planning.

1. Pedestrians shall be able to easily walk to all stores in a neighborhood center without using a vehicle.

2. Parking lots shall provide pedestrian accessways to reduce the potential of pedestrian/vehicle conflicts.

K. Façades shall have a variety of textures, colors, shapes, etc. such that the buildings in a Neighborhood Center do not have a single uniform appearance. To be determined with site planning.

L. Neighborhood Centers should have dedicated open space areas that are useable by the Center’s employees and shoppers. To be determined with site planning.

M. Neighborhood Commercial Centers shall not expand into the surrounding portions of the neighborhood. The center at Kasold and Clinton Parkway has clear boundaries.  While it assumed the commercial center at this location will not expand, the potential exists with the vacant land to the west along Clinton Parkway.

N. Any commercial development proposal for a corner in a new Neighborhood Commercial Center shall have a length-to-depth ratio between 1:1 and 3:2. Compliant.

O. Neighborhood Commercial Centers shall develop in a manner that is consistent with the city’s adopted design guidelines. To be determined with site planning.

 

PROFESSIONAL STAFF RECOMMENDATION

 

Staff recommends denial of this comprehensive plan amendment to Horizon 2020 to amend Chapter 6 to include the southwest corner of Crossgate and Clinton Parkway as a potential location for a new Neighborhood Commercial Center and recommends forwarding this comprehensive plan amendment to the Lawrence City Commission and the Douglas County Board of County Commissioners with a recommendation of denial.

 

Findings for recommendation of denial:

1.      Proposal is in conflict with Horizon 2020 policy: “The Comprehensive Plan does not support increasing the size or number of new Commercial Centers”.

2.      Proposal is in conflict with Horizon 2020 policy 3.4C which states: “New Neighborhood Commercial Centers shall be at least one (1) mile from any existing or new Commercial Center”.

3.      Proposal is in conflict with Horizon 2020 policy 3.1B which states: “Strip Commercial Development: Stop the formation or expansion of Strip Commercial Development by directing new development in a more clustered pattern”.

4.      This is a conventional development that does not comply with Horizon 2020 Commercial policies or TND principles.

 

 

Attachments:

·         Proposed new text

·         Letter from Jane Eldredge

·         Neighboring commercial centers map

·         Horizon 2020 Chapter 6, Commercial Land Use

 


Description inserted in Horizon 2020 Text, shown in italics:

 

LAWRENCE - 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, common access drives, and related design and appearance. 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.

The Comprehensive Plan includes recommendations for the location of new commercial development. As the community grows, it may be necessary to change the recommended location of a Commercial Center(s) or not use a designated intersection for a commercial uses. If there is a need to move the recommended location of a Commercial Center or downgrade the recommended size of a center, the Comprehensive Plan shall be amended. Through the amendment process, the proposed location and/or change in size of the Commercial Center will be reviewed based on the effects the change will have on infrastructure systems, the surrounding land uses, the neighborhood and the community-at-large.

 

The Comprehensive Plan does not support increasing the size or number of new Commercial Centers.

                        Neighborhood Commercial Centers

 

The Comprehensive Plan recommends the following intersections as potential locations for new Neighborhood Commercial Centers.

            1. E. 23rd Street and O’Connell Road

            2. Franklin Road (extended) and N 1300 Rd

            3. E 1500 Rd and N 1100 Rd

            4. E 1000 Rd and N 1000 Rd

            5. E 1000 Rd and N 1200 Rd

            6. Clinton Parkway and K-10

            7. W. 15th Street and K-10

            8. E 800 Rd and at the potential east/west arterial 2 miles north of US US-40

            9. E 700 Rd and US US-40

            10. E 800 Rd and N 1750 Rd

            11. E 1000 Rd and N 1750 Rd

            12. E 1500 Rd and US Highway 24/40

            13. Southwest corner of Crossgate Drive and Clinton Parkway

 

These areas are all intended for development as small, compact commercial nodes that provide goods and services to the immediately adjoining neighborhood areas. They shall be developed in a manner that is consistent with the goals, policies and recommendations of the Comprehensive Plan.