PUBLIC HEARING ITEM:
ITEM NO. 9: PCD-2 TO M-1; 12.3 ACRES; NORTH OF W. 15TH STREET ON THE WEST SIDE OF RESEARCH PARK DRIVE. (EXTENDED) (JLT)
Z-11-38-03: A request to rezone a tract of land approximately 12.3 acres from PCD-2 (Planned Commercial Development) District to M-1 (Research Industrial) District. The property is generally described as being located north of W. 15th Street on the west side of Research Park Drive (extended). Alvamar, Inc., is the property owner of record. Initiated by the City Commission at the November 4, 2003, meeting.
GENERAL INFORMATION
Current Zoning and Land Use: PCD-2 (Planned Commercial Development); undeveloped
lot.
Reason for Request: The City Commission initiated this rezoning request to apply a more appropriate transitional zoning classification for the subject tract, which is on the perimeter of the M-1 Research Park district and residential neighborhood.
I. ZONING AND USES OF PROPERTY NEARBY
Surrounding Zoning and Land Use: M-1 (Research Industrial) District to the north/northeast; lots along Biltmore Drive are developed with office or studio types of uses. Lots directly to the north are undeveloped.
M-1 (Research Industrial) District to the south/southeast; lots along Legends Drive and Research Park Drive that are developed have office or light manufacturing uses. Lots directly to the south are undeveloped.
RS-2 (Residential Single-Family) District to the west and northwest; developed and developing single-family detached uses.
RM-D (Residential Multiple-Family Duplex) District zoning to the southwest. Developing residential-duplex land use to the south of Legends Drive and along Marlee Drive and Legends Circle.
Background
The subject tract is on the western edge of the Oread West Research Park. It was originally beyond
the boundaries of the Research Park [formerly known as University and Corporate Research Park],
because it was outside the city boundaries and zoned and used for agricultural purposes. As lands to
the north and west of the Research Park were annexed into the city and rezoned [late 1980s], the
subject property became part of the city and was rezoned from A to M-1, incorporating it into the
Oread West Research Park. Land to the west of the Research Park was intended to be developed as a
golf course, serving the transitional function between the residential neighborhood and the Research
Park that was recommended in good land use planning.
The City Commission approved rezoning from M-1 to PCD-2 for this tract of land in 1989. The Commission’s approval action concurred with the Planning Commission’s recommendation for the PCD-2 zoning based on the restriction of permitted uses to: (a) Hotel; (b) Eating establishment, enclosed, with dancing or entertainment; and, (c) Similar Uses to a Hotel in function, traffic-generating capacity, effects upon other land uses, that are not included in any other use group. When the rezoning ordinance was published for this property from M-1 to PCD-2, the specific use restrictions were not included in the body of the ordinance.
In 2001, an approximately 14 acre area to the southwest of the subject property was rezoned from M-
1 (Research Industrial) District to RM-D (Residence-Duplex) District. The area was rezoned because the
City of Lawrence had previously recognized that the demand for research facilities within the current
M-1 boundary was less than projected during the original planning process for the area. Accordingly,
rezoning the land from an industrial to a residential use also helped to meet the expanding residential
demand in west Lawrence; a logical and suitable component within the established land use pattern.
Staff Finding – Property to the north/northeast and south/southeast of the subject property is
zoned M-1 (Research Industrial) District zoning, with office, studio and light manufacturing
uses. Lots directly north and south of the subject property are undeveloped. Property to the
west/northwest/southwest of the subject property is zoned RS-2 (Residential Single-Family)
District with RM-D (Residential Multiple-Family Duplex) District zoning to the southwest of the
subject property.
II. CHARACTER OF THE AREA
Background
The PCD-2 tract of land is on the border of two distinct neighborhoods – the research/office park
development in an easterly direction and a portion of a West Lawrence neighborhood in a westerly
direction.
Oread West Research Park is in the easterly direction. The M-1 zoning district was specifically created
for development, “in an industrial park type environment that is exclusive and conducive to modern
administrative facilities and research institutions” with the purpose, “to protect nearby residential and
commercial areas.” The density and dimensional standards in M-1 are more stringent than in other
conventional industrial zoning districts. The M-1 district requires a 40’ peripheral setback, a minimum
park size of 35 acres and minimum lot sizes that can vary from 1 to 7 acres based on the overall
(industrial) park area.
The character of this area has evolved over the last 14-16 years. Since the Oread West Research Park
(formerly known as the University and Corporate Research Park) was originally platted and zoned,
areas of the park have been rezoned to Planned Industrial (PID-1), Office, (RO-1B) and Residential
(RS-1, RS-2, and RM-D). Most of these rezonings have occurred along peripheral boundaries of the
park, with the exception of the PID-1 which occurred at the intersection of W. 15th Street and
Wakarusa Drive.
As lands have been annexed into the city and rezoned, the proposed land uses have been revised.
Originally, the transitional separation between the residential neighborhood to the west and the
Research Park was a broad open space to be developed as a golf course. When the golf course
became an unrealistic land use, the area originally proposed for that use was rezoned and platted for
residential uses and the transitional space diminished, collapsing the area down from over a
hundred feet to tens of feet along the backs of the lots that front onto the west side of Research Park
Drive.
Staff Finding – Over the course of the past 14-16 years, land uses in the area surrounding the subject property have been revised. The present, developed character of the area calls for a more appropriate transitional zoning classification for the subject tract, which is on the perimeter of the M-1 Research Park district and residential neighborhood.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The current PCD-2 use was proposed at a time when it was an integral part of the office park
development. The intent expressed at the time of the rezoning request was that this use would provide
for an ‘extended stay’ type of lodging facility for guests doing business with uses in the research park.
Its location was further justified by the presence of a golf course that the hotel use would overlook.
Time has changed both the office park’s development and the land use to the west of the PCD-2 site. As this neighborhood has matured, expanded and evolved, the PCD-2 zoning, with the use restrictions placed upon this zoning, is not suitable as a transitional area from industrial land uses to the nearby residential neighborhood.
Staff Finding – PCD-2 commercial zoning in the center of a neighborhood may be appropriate if it is integral to the neighborhood’s design and serves the function of an inner neighborhood commercial development. In this case, the purpose of the commercial use is no longer integral to the neighborhood’s development.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property has been zoned PCD-2 (Planned Commercial Development) since 1989 but no development has occurred within the PCD since that time. The subject property is currently undeveloped.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
The intrusion of other uses, such as the PCD-2 zoning have eroded the efficiencies designed into the
M-1 zoning. This erosion hampers the City’s ability to accomplish the goals in Horizon 2020 of
providing for contiguous and viable industrial lands that are adequately separated from lesser intensity
uses by backing unlike uses and designing sites to meet the transitioning design criteria in Horizon
2020.
Staff Finding – Further reduction of the area that could serve as a potential land use transition would be harmful to the existing character of the neighborhood. Options for rezoning the PCD site need to consider this impact on the established land uses to the east. The requested rezoning would reintegrate the subject property into the Industrial Park, thereby reestablishing the transitional role this tract of land was original designed to play in the neighborhood’s development.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Evaluation of these criteria weigh the benefits to the community-at-large versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare.
The request is to rezone the property to apply a more appropriate transitional zoning classification for the subject tract, which is on the perimeter of the M-1 Research Park district and residential neighborhood. Any proposed use through the new zoning classification will be reviewed through the development process to ensure the public health, safety and welfare is protected.
Staff Finding - Denial of the rezoning could be detrimental to the public health, safety and welfare by permitting the existing zoning, which is unrestricted commercial in an inappropriate location, to be developed.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this rezoning request with the City's Comprehensive Plan is based on key features, goals, policies and recommendations of the plans. The chapter most relevant to this review is Chapter Seven, Industrial & Employment Related Land Use, because the subject tract is part of the Oread West Research Park.
GOAL 1: Established Industrial Area Development
Allow for the retention, redevelopment and expansion of established industrial areas.
This goal establishes the need for consideration of horizontal and vertical proportions, building forms, roof types, and exterior materials.
GOAL 2: Compatible Transition from Industrial/Employment-Related Development to Less Intensive Uses
Ensure a compatible transition between industrial and employment-related developments and less intensive land uses.
This goal provides development standards for compatible transitions between industrial and less intensive land use. This goal is consistent with the transition provisions in both the residential and commercial chapters of Horizon 2020. Goal 2 covers site orientation, building relationship [back to back rather than across a street], land features, screening and landscaping, and lighting.
Staff Finding - The rezoning application, as proposed, is consistent with Horizon 2020.
STAFF REVIEW
The subject property is located in a position where it has an important role in the long-term success and expansion of the development of (the platted and unplatted) M-1 zoned lands to the north and south, along Research Park Drive. The zonings and platting of non-residential and residential subdivisions adhere to the transitional standards in Horizon 2020 of facing similar or like uses and intensities and creating back-to-back relationships for dissimilar and lesser intensity land uses. The residential properties to the west along Stonecreek Drive and in the RM-D subdivision to the southwest are platted to back onto a high pressure gas line easement, as are the residential lots to the north of Legends Drive, west of the subject tract. The gas line easement provides a physical separation between the M-1 and neighborhood uses. This physical and visual separation of land uses is appropriate and is consistent with the character of the neighborhood and areas to the northwest and southeast.
If the subject tract were to be reabsorbed into the Oread West Research Park setting (by rezoning to M-1) the development standards in the zoning regulations [Sec. 20-1444] would ensure the added protections that are recommended in Goal 2 and the related policies in Chapter Seven of Horizon 2020.
STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of a tract of land approximately 12.3 acres from PCD-2 (Planned Commercial Development) District to M-1 (Research Industrial) District based upon the findings of fact presented in the body of the Staff Report and forwarding of it to the Lawrence City Commission with a recommendation for approval.