Memorandum

City of Lawrence

Planning and Development Services

TO:	David L. Corliss, City Manager
FROM:	Amy Miller, Long-Range Planner
CC:	Scott McCullough, Planning and Development Services Director Sheila Stogsdill, Assistant Planning Director
Date:	For March 26, 2013 meeting
RE:	CPA-4-2-12: Comprehensive Plan Amendment to create CC600 District policies and revise area plans to designate the node of 6^th Street and K-10 as a CC600. TA-4-3-12: Text amendment to the Development Code establishing the CC 600 District. Z-4-5-12: Rezoning request for approximately 146 acres located in the NW quadrant of the intersection of West 6^th Street/Hwy 40 and Kansas Hwy 10 (K-10) from County A (Agriculture) District and County B1 (Neighborhood Business) District to the pending City of Lawrence District CC600 (Community Commercial) District.

Background:

· CPA-4-2-12: Comprehensive Plan Amendment to Chapter 6 of Horizon 2020 to create CC600 District policies and to Chapter 14 Specific Plans, to revise the West of K-10 Plan and A Nodal Plan for the Intersection of West 6th Street & Kansas Highway 10 (K-10) designating the node of 6th Street and K-10 as a CC600.

· TA-4-3-12: Text Amendment to the City of Lawrence Land Development Code, Articles 1, 2 and 13, to provide for a CC600 (Community Commercial) District. 

· Z-4-5-12: Rezoning Request for 146 acres located in the NW quadrant of the intersection of West 6^th Street/Hwy 40 and Kansas Hwy 10 (K-10) from County A (Agriculture) District and County B1 (Neighborhood Business) District to the pending City of Lawrence District CC600 (Community Commercial) District.

The items listed above were considered together by the City and Planning Commissions.

4/10/12        Items were initiated by City Commission.

5/21/12        Planning Commission forwarded the items to City Commission with recommendation for approval. (7-1-1 vote)

7/11/12        County Commission approved CPA-4-2-12 (3-0 vote).

8/21/12        City Commission deferred the items. (Unanimous vote)

9/4/12         City Commission deferred the items. (Unanimous vote)

9/17/12        KU Endowment submitted a letter to the Lawrence City Commission regarding their purchase of land in the NE quadrant of the 6^th and K-10 node with the purpose of locating athletic facilities on the site and invited the City to locate their proposed recreational center on that site as well.

9/18/12        City Commission withdrew the applications. (4-1 vote)

9/25/12        City Commission rescinded their previous vote to withdraw the applications and remanded the items back to Planning Commission for review with the following specific direction: “Given the change in circumstance that the regional recreation center/sports village is no longer planned for the Gateway Addition property west of K-10, the City Commission has not approved or dis-approved the applications and directs the Planning Commission to review the comprehensive plan, text amendment and rezoning applications in light of the change in circumstance of the original recreation center/sports village relocating to a property east of K-10.” (Unanimous vote)

10/24/12     Planning Commission discussed the remanded items and the following actions were taken:

CPA-4-2-12:

Planning Commission recommended approval of the Comprehensive Plan Amendment to establish CC600 policies in Chapter 6 of Horizon 2020, but to delete the revisions to the area plans designating the 6^th St/Hwy 40 and K-10 intersection as a CC600 node. (Unanimous vote) The Planning Commission authorized the Chair to sign PC Resolution PCR-5-4-12 and repealed the previous resolution. (Unanimous vote)

TA-4-3-12:           

Planning Commission recommended approval of the proposed Text Amendment to the Land Development Code to establish a CC600 District. (Unanimous vote)

Z-4-5-12:

Planning Commission recommended denial of the rezoning request to CC600 to the CC. (4-3 vote)

The PC actions in October effectively recommended establishing CC600 policies in Horizon 2020 and creating the accompanying zoning district, but not employing them at the 6^th and K-10 node and not rezoning the subject 146 acres to the CC600 district.

1/15/13        City Commission discussed the Planning Commission recommendation and remanded the items back to the Planning Commission by the following motion:

Moved by Cromwell, seconded by Carter, to return item 2 (a through c) to the Planning Commission directing the PC to consider the appropriateness of designating this node as a CC600 node as it relates to other possible nodes that could support a CC600 designation, discuss the appropriate allocation of the 240,000 sq. ft. of retail use that is not currently allocated to the Mercato Development if it is determined that the node should be designated as a CC600 node, and discuss the appropriateness of allowing residential uses for the specific CC600 district on the property that is the subject of the rezoning application. Motion carried 4-1 with Dever opposed.

Planning Commission Action on Remanded Items

The Planning Commission discussed the remanded items at their February 25, 2013 meeting, as directed by the City Commission. The following actions were taken as a result of this discussion:

1) Consider the appropriateness of designating this node as a CC600 node as it relates to other possible nodes that could support the CC600 designation.

Moved by Commissioner Blaser, seconded by Commissioner Culver to find that the 6^th and K-10 node should be designated as a CC600 Commercial Center. Motion Carried 7-1, with commissioner Josserand voting in opposition.

2) Discuss the appropriate allocation of the 240,000 square feet of retail uses that is not currently allocated to the Mercato Development.

Moved by Commissioner von Achen, seconded by Commissioner Belt, to find that the 240,000 square feet of retail uses that are not currently allocated to the Mercato Development at the node be allocated as follows:

i. NW Corner – 155,000 square feet

ii. SW Corner – 25,000 square feet

iii. SE Corner – 60,000 square feet

Motion carried 7-1, with Commissioner Culver voting in opposition.

3) Discuss the appropriateness of allowing residential uses for the specific CC600 district on the property that is the subject of the rezoning application.

Moved by Commissioner Britton, seconded by Commissioner von Achen, to find that residential uses should be allowed, except the Multi-Dwelling Residential Structure use, as part of the CC600 district on the property that is the subject of the rezoning application per the limitations existing in the Development Code. Motion Carried 6-2, with Commissioners Burger and Culver voting in opposition.

In addition to the motions above, The Planning Commission also made recommendations on the three agenda items, CPA-4-2-12, TA-4-3-12 and Z-4-5-12:

Comprehensive Plan Amendment CPA-4-2-12:

• Moved by Commissioner Blaser, seconded by Commissioner von Achen, to approve the Comprehensive Plan Amendment as originally drafted and presented at the May PC Meeting, which establishes the CC600 policies in H2020, and designates the 6^th St./K-10 node as CC600 Commercial Center. This also includes a modification to the West of K-10 Plan that revises the amounts of allowable retail square footage at the node as follows:

§ NW Corner – 155,000 square feet

§ SW Corner – 25,000 square feet

§ SE Corner – 60,000 square feet

The West of K-10 Plan as revised will also supersede A Nodal Plan for the Intersection of West 6th Street & Kansas Highway 10 (K-10). The Planning Commission also authorized the Chair to sign PCR-13-00060. Motion carried 6-2, with Commissioners Culver and Josserand voting in opposition.

Text Amendment TA-4-3-12:

• Moved by Commissioner Belt, seconded by Commissioner Blaser, to approve the text amendment establishing the CC600 zoning district in the Development Code. Unanimously approved 8-0.

Rezoning Request Z-4-5-12:

• Moved by Commissioner Britton, seconded by Commissioner Blaser, to approve the rezoning request with the following conditions:

1) The amount of retail square feet on the subject property shall not exceed 155,000 square feet, and

2) The uses shall be restricted to those uses included in the staff memo with the exception that Multi-Dwelling Structure is not a permitted use.

Motion carried 6-2, with Commissioners Burger and Culver voting in opposition.  

Possible Actions:

(Staff Recommended Actions are underlined.)

Comprehensive Plan Amendment CPA-4-2-12:

• Approve the Comprehensive Plan Amendment as originally drafted and presented at the May PC Meeting, which establishes the CC600 policies in H2020, and designates the 6^th St./K-10 node as CC600 Commercial Center. This also includes a modification to the West of K-10 Plan that revises the amounts of allowable retail square footage at the node as follows:

§ NW Corner – 155,000 square feet

§ SW Corner – 25,000 square feet

§ SE Corner – 60,000 square feet

The West of K-10 Plan as revised will also supersede A Nodal Plan for the Intersection of West 6th Street & Kansas Highway 10 (K-10).  Adopt Joint City Ord 8470/ County Resolution No.________ on first reading.

• Approve the Comprehensive Plan Amendment with revisions and adopt Joint City Ord 8470/ County Resolution No.________ on first reading.
• Return the Comprehensive Plan Amendment to the Planning Commission providing specific further direction for the PC to consider.
• Deny the Comprehensive Plan Amendment.
• Withdraw the Comprehensive Plan Amendment.

Text Amendment TA-4-3-12:

• Approve the text amendment as recommended by the PC at their May, October and February meetings and adopt City Ordinance 8741 on first reading.
• Approve the text amendment with modifications and adopt City Ordinance 8741 on first reading.
• Return the text amendment to the PC for further consideration, stating the reasons for failure to approve or disapprove and providing specific further direction for the PC to consider.
• Deny the text amendment.
• Withdraw the text amendment.

Rezoning Request Z-4-5-12:

· Approve the Rezoning request as recommended by the Planning Commission at their February 25, 2013 meeting, subject to the following conditions:

1. The amount of retail square feet on the subject property shall not exceed 155,000 square feet, and

2. The uses shall be restricted to those uses included in the staff memo with the exception that Multi-Dwelling Structure is not a permitted use.

and adopt City Ordinance 8742 on first reading. (super majority vote (4/5) required due to valid protest petition)

• Approve the Rezoning request with modifications and adopt City Ordinance 8742 on first reading. (super majority vote (4/5) required due to valid protest petition)
• Return the Rezoning request to the Planning Commission for further review stating the reasons for failure to approve or disapprove and providing specific further direction for the PC to consider.
• Deny the Rezoning Request.  (Per Section 20-1303(j)(2), a successive application shall not be accepted for a period of 12 months from the date of CC denial unless a successive application is substantially different from the original application that was denied.  It is Staff’s opinion that a change in applicant does not qualify as a substantially different application.  A substantially different application shall not be accepted until 120 days after the date of denial.) 
• Withdraw the Rezoning Request.  (Per Section 20-1303(j)(1), withdrawal of an original application after it has been advertised for public hearing shall constitute denial of the application as if the public hearing had been held and concluded.  If withdrawn, the same criteria for submitting a successive application within 12 months and 120 days apply.)

Note: If the City Commission adopts the revisions to CPA-4-2-12 as recommended by the Planning Commission, the Douglas County Board of County Commissioners will need to consider CPA-4-2-12 and adopt the joint city ordinance/ county resolution before it is published.