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ITEM NO.2C: Z-16-00396 IM to CS; 1.45 acres; 2200 Street FF (BJP)
Z-16-00396: Consider a request to rezone approximately 1.45 acres from IM (Medium Industrial) District to CS (Commercial Strip) District, located at 2200 Street FF. Submitted by Bartlett & West Inc on behalf of City of Lawrence, property owner of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately 1.45 acres from IM (Medium Industrial) District to CS (Commercial Strip) District, and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in this staff report. |
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Reason for Request: |
“To allow the land use to conform to the proposed use of a multi-story hotel structure to be placed on the property as part of property enhancement and redevelopment.”
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KEY POINTS · This request is intended to facilitate a new commercial development. · The subject property is included in the Farmland Industries Redevelopment Plan. · A Comprehensive Plan Amendment (CPA-16-00443) and a Preliminary Plat (PP-16-00392) were submitted concurrently with the rezoning request and are also being considered by the Planning Commission at their November meeting. · This staff report assumes approval of the corresponding Comprehensive Plan Amendment.
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ATTACHMENTS Attachment A: Staff memo to the City Commission regarding sale of property. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
CPA-16-00443: A request to consider a Comprehensive Plan Amendment to Chapter 14 of Horizon 2020, “Specific Plans” to amend the Farmland Industries Redevelopment Plan to amend the Future Land Use Section. Application was submitted concurrently with the Preliminary Plat and is also being considered by the Planning Commission at their November meeting.
PP-16-00392: Consider a Preliminary Plat for Gwaltney Addition, located at 2176 E 23rd St, 2200 E 23rd St, & 2200 Street FF. Submitted by Bartlett & West Inc on behalf of Cave Inn LLC, City of Lawrence, and Gwaltney Properties LLC, property owners of record.
SP-16-00427: A site plan for the construction of a hotel at 2176 E 23rd Street. The site plan is currently under administrative review.
OTHER ACTION REQUIRED: · Administrative approval of final plat and recordation with the Douglas County Register of Deeds. · City Commission approval of rezoning request and adoption/publication of ordinance. · Application and release of building permits prior to development.
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PLANS AND STUDIES REQURIED · Traffic Study – Not required for rezoning · Downstream Sanitary Sewer Analysis – Not required for rezoning · Drainage Study – Not required for rezoning · Retail Market Study – Not applicable to this request
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · No public comment was received for this item prior to the printing of this staff report.
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Project Summary:
This request is to rezone approximately 1.45 acres from IM (Medium Industrial) District to CS (Commercial Strip) District. The rezoning would allow for redevelopment of the existing commercially zoned properties along E 23rd Street.
A Preliminary Plat application was submitted concurrently with the rezoning request and is also being considered by the Planning Commission at their November meeting. The preliminary plat would create 3 lots that would have the following zoning designations with the existing zoning:
· Lot 1: Commercial Strip District;
· Lot 2: Commercial Strip District to the south and Medium Industrial District to the north;
· Lot 3: Medium Industrial District.
The rezoning request would provide consistent zoning for the proposed Lot 2 and accommodate the development of a hotel.
At their August 2, 2016 meeting, the City Commission authorized the sale of approximately 63,000 square feet of Venture Park property. For the purpose of redeveloping the former Don’s Steakhouse and Diamond Everley Roofing tracts fronting on 23rd Street for hotel and restaurant uses. The background staff memo from the meeting is attached (Attachment A).
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Figure 1. Current zoning and land use of the area. The subject area of the rezoning request is outlined in blue and the three lots proposed with the Preliminary Plat (PP-16-00392) are outlined in black. |
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: “The proposed facility and associated land use currently differs from what is noted in Horizon 2020 because that intent was focused toward industrial development in this location. This proposal fits appropriately within the suggested guidelines set forth for the current area uses as commercial property by providing compatibility for the entire area, specifically along the E 23rd Street frontage.”
The following section of Horizon 2020 relates to this rezoning request (staff comments are in italics):
Chapter 6 – Commercial Land Use:
The Plan’s goal is to strengthen and reinforce the role and function of existing commercial areas within Lawrence and Douglas County and promote economically sound and attractive new commercial development and redevelopment in selected locations. (top of Page 6-1)
Rezoning the property to CS would be in conformance with Horizon 2020’s goal to strengthen and reinforce the role and function of existing commercial areas within Lawrence. Rezoning the north portion of proposed Lot 2 would facilitate redevelopment of an underutilized segment along E 23rd Street.
Chapter 14 – Specific Plans:
This rezoning application has been submitted concurrently with a request to modify Horizon 2020 and the related Farmland Industries Redevelopment Plan (CPA-16-00443). This staff report assumes approval of the corresponding Comprehensive Plan Amendment.
CPA-16-00443 addresses changes to Horizon 2020 revising northeast corner of E. 23rd Street and Street FF from Industrial land use designation to Commercial designation. Changes to Horizon 2020 include changes to Chapter 14 Specific Plan – Farmland Industries Redevelopment Plan. The Farmland Industries Redevelopment Plan is discussed later in this report.
Staff Finding – The request for CS zoning at this location is consistent with chapter 6 of the Comprehensive Plan and with the recommended changes to Horizon 2020 goals and policies and specific land use recommendations included in the Farmland Industries Redevelopment Plan per CPA-16-00443.
2. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
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Current Zoning and Land Use: |
IM (Medium Industrial) District; vacant except for a portion of the existing parking lot north of the former Don’s Steakhouse. |
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Surrounding Zoning and Land Use:
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To the north: IM (Medium Industrial) District; vacant.
To the east: CS (Commercial Strip) District; vacant structures formerly used as a commercial Construction Sales and Service use.
To the west: IM (Medium Industrial District), vacant.
To the south: CS (Commercial Strip) District; vacant building, formerly used as a Quality Restaurant. |
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Figure 2: Surrounding zoning and land use. The subject area is outlined in blue. |
Staff Finding – As proposed, the subject property will be uniformly zoned similar to development property proposed for redevelopment located to the south and east.
3. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response: “The existing neighbors surrounding this property are vacant VenturePark Industrial lots to the north, existing commercial tenants on the west, developing residential tenants across E 23rd Street right-of-way to the south and existing abandoned commercial properties to the east.”
Staff Finding – The subject property is surrounded by undeveloped industrially zoned property to the west and north, and commercially zoned property to the south and east. The rezoning is consistent with the existing commercial zoning and the land uses in the immediate area.
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
The subject property is included within the boundary of the Farmland Industries Redevelopment Plan, which was adopted in 2008. The plan brings together the community goals of creating additional employment and open space by providing a plan to redevelop a brownfield into a major community asset. The plan designates the subject area for Industrial/Business/Research Park land uses. This category includes office uses, light industrial, and manufacturing and warehousing uses.
A Comprehensive Plan Amendment (CPA-16-00443) was submitted concurrently with the rezoning request. If approved, the CPA would change the land use designation of this subject property to Commercial.
The rezoning would also conform with the goal to create additional employment that is stated in the Farmland Industries Redevelopment Plan. The rezoning request accommodates new commercial development in the form of a hotel and a new restaurant that would be located on the adjacent property. This development constitutes a revitalization of the area that can have a positive effect on the development of the former brownfield site. Commercial uses adjacent to the employment area can serve to support the employment area.
Staff Finding – The proposed commercial rezoning conforms to proposed land use recommendations in the Farmland Industries Redevelopment Plan, as amended.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Applicant’s Response: “The proposed rezoning is in clear compliance with any land use restrictions or guidelines that could happen inside the zoning district. The granting of this rezoning application in no way opposes the general spirit of the Zoning Ordinance, Subdivision Regulations or City of Lawrence Land Development Code.”
The immediate area surrounding the subject property is zoned for commercial and industrial land uses. The subject property is a portion of an L-shaped lot that only has access to Street FF and not direct access to the Venture Park street network. Unless these parcels are absorbed into the lots platted around the west end of Venture Park Drive, there is little opportunity for them to support an industrial use of any significant size. The area directly south is zoned CS. Rezoning the requested property to CS will provide the parcel to the south with a total lot depth north to south that is similar to the parcel to the east (proposed Lot 1) and a viable redevelopment site. Permitting additional commercial uses on the subject property would be consistent with development in the surrounding area.
Staff Finding – The subject property is suitable for the commercial zoning and consistent with land use recommendations relating to changes to Horizon 2020 and the Farmland Industries Redevelopment Plan, as amended.
6. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Applicant’s Response: “It is currently zoned IM as are many of the other zoning classifications in the general area. As a part of the overall plan associated with the VenturePark industrial redevelopment master plan just to the north, this property has remained vacant until the present time. Rezoning the property to CS fits will within the surrounding intent of the overall redevelopment area along E 23rd Street and other commercially rezoned properties in this location.”
Staff Finding – The property was undeveloped prior to its annexation in 2009 and has remained vacant since that time.
7. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
Applicant’s Response: “As noted above, the proposed use for a new multi-story hotel conforms appropriately with future land use goals laid out by the City of Lawrence since the VenturePark redevelopment of this area has begun. We believe that the approval of this rezoning request will in no way detrimentally affect nearby properties or their associated business operations, but add a renewed energy and vibrance for additional commercial along the entrance into the community for the east along E 23rd Street/K-10 Highway.”
Approval of this request would accommodate commercial development in an area that contains commercial uses and underutilized commercially-zoned properties. The Preliminary Plat application submitted concurrently with this rezoning request would extend the boundaries of an existing lot to the north. The existing lot is zoned CS and this rezoning district would create a uniform zoning for the proposed lot.
Nearby properties are zoned for industrial uses to the north and west, and commercial uses to the south and east. The proposed rezoning will accommodate redevelopment of new commercial uses development on property that contains a vacant commercial business.
The rezoning will not directly affect nearby properties. Prior to redevelopment, a site plan conforming to current development standards, including landscaping, lighting, and commercial design will need to be approved.
Staff Finding – There no detrimental impacts anticipated on nearby properties.
8. THE GAIN, IF ANY, TO THE public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application
Applicant’s Response: “This is a unique situation and opportunity for the applicant to ensure adequate zoning and proper use of the existing property while offering a potential tax base increase benefit for City of Lawrence citizens along the E 23rd Street corridor. The individual hardship being imposed on the property owner with denial of this application would be that fulfillment of any rehabilitation use to maximize the potential of the property into a new asset for surrounding businesses, residents and the City of Lawrence would be eliminated without proper zoning required to redevelop this property as so proposed.”
Evaluation of these criteria includes weighing the benefits to the public versus the benefits of 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 was denied, and the preliminary plat approved, the newly created lot would have split zoning. The north portion of the lot would be zoned IM and the south portion of the lot would be zoned CS. Given that the lot abuts E 23rd Street and previously contained a commercial use, rezoning so that the entire lot has a consistent zoning of CS is appropriate.
Staff Finding – There would be no gain to the public and there would be a hardship to the landowner in the denial of the rezoning request. The rezoning request will assign an appropriate land use designation to the property for its intended land use as a commercial development.
9. Professional staff recommendation
Staff recommends approval of the request to rezone approximately 1.45 acres from IM District to CS District as it is an appropriate zoning district for the property subject.