PUBLIC HEARING ITEM:
ITEM NO. 10E: A TO PCD-2; 32.713 ACRES; SOUTHEAST CORNER OF W. SIXTH STREET AND K-10 HIGHWAY (SLD)
Z-09-33-02: A request to rezone a tract of land approximately 32.713 acres, from A (Agricultural) District to PCD-2 (Planned Commercial) District. The property is generally described as being located at the southeast corner of W. Sixth Street and K-10 Highway. Submitted by Brian Kubota for Diamond Head Limited Partnership, property owners of record.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural District); existing rural residence.
Surrounding Zoning and Land Use: A (Agricultural District) in all directions. Undeveloped property within the existing city limits to the north, south and east. (Refer to additional items regarding proposed surrounding zoning). South Lawrence Trafficway [K-10 Highway] is located to the west.
B-1 (Neighborhood Business District) to the northwest (approximately 7 acres on the northwest corner of 40 and K-10 highways.
Reason for Request: Planned commercial development. “Residents need neighborhood services, the community of northwest Lawrence need good retail services, and services for the highway traffic needs to be provided within this area. In addressing public health, safety and welfare, there will be better traffic patterns, more convenient neighborhood, community and highway services. If rezoned, this property will be able to be planned at the same time all infrastructure improvements being considered for this area.”
Applicant Statement per Section 20-1009 and 1002 stating why the proposed request would be in the public interest and would be consistent with the Statement of Objectives for Planned Unit Development:
“This PUD would be in the public interest because we are considering uses that will serve the immediate neighborhood, the northwest community and traffic off of South Lawrence Trafficway. Consideration of uses, building arrangement on the site, vehicular and pedestrian access, water detention, open space would all be in the public interest.”
“ Flexibility in planning the utilization of this parcel of land for commercial uses is important because of consideration needed to be given to adjoining and surrounding uses with respect to traffic flow, infrastructure and economic impacts.”
See Z-09-29-02 and the Preliminary Plat for Diamondhead for a summary of related requests.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - A majority of the area is zoned for agricultural purposes. This area was annexed as part of the W. 6th Street annexation project but was not rezoned to a comparable city zoning designation. The immediately surrounding area is undeveloped. It should be noted that the northwest corner of the intersection of W. 6th Street and the SLT (Highway 40 and K-10 Highway) is an existing county commercial district.
II. CHARACTER OF THE AREA
Staff Finding - Currently there is no defining character for this area. Residential development is located to the far east of the subject property. The South Lawrence Trafficway (K-10 Highway) borders the property along the west. The property is bounded on the north by W. 6th Street, a major arterial street. George Williams Way, a north/south collector street between W. 6th Street and W. 15th Street, bounds the subject property on the east. This application is part of a larger development package that includes residential as well as mixed-use development. Higher intensity land uses are anticipated along major thoroughfares such as the SLT and W. 6th Street. “Distinct commercial nodes are anticipated only at the intersections of W. 6th Street and Wakarusa Drive and W. 6th Street and the South Lawrence Trafficway” (Horizon 2020], Pg. 97). Lower intensity land uses are anticipated to transition from the north to the south away from major streets and roads such as W. 6th Street and the SLT.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The purpose of a PUD district is “to provide for the growing demand for housing of all types and designs and for necessary supportive commercial facilities conveniently located to such housing” (Section 20-1001). The PCD-2 district allows a mix of both residential, office and commercial/retail uses subject to the approval of a development plan. The property is not directly accessible from the South Lawrence Trafficway, but by a series of street connections at a set interval of spacing established by the W. 6th Street Corridor Management Plan and Policy.
The review of this request is based on the orientation of the proposed development pattern shown on the preliminary plat and the general land use descriptions and recommendations in Horizon 2020. This review must be placed in context with the review of the preliminary plat for the subject property and surrounding rezoning requests.
Staff Finding - The current Agricultural district zoning designation is inappropriate since the property has been annexed into the City of Lawrence. This area was previously located within the Urban Growth Area and has been anticipated for urban development for many years. Intensive land uses are anticipated along W. 6th Street and low-density residential uses are anticipated to the south near the elementary school.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property includes an existing rural residence and has been zoned A (Agricultural) since the adoption of County zoning in 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Approval of this request will establish a major new commercial node at this intersection. It also adds restrictions to development of the property and increases the land use intensity along W. 6th Street. Approval of both preliminary and final plats and a development plan are required prior to construction. Development will impact, traffic, utilities, and surrounding land uses. Construction of basic infrastructure prior to development will reduce the impact of traffic and utility demands in this area. Approval of this request will also impact the ability for the other corners of the SLT and W. 6th Street to develop with intensive commercial land uses.
Horizon 2020 identifies this intersection as a community commercial center and recommends that it should not exceed approximately 30 acres in area or 450,000 gross square feet in retail space. This rezoning request exceeds the gross recommended acreage for a community commercial center and does not propose to limit the total gross square feet in retail space. [Exclusion of proposed right-of-way results in a net area of 30.27.]
It should be noted nodal development recommendations apply to the sum total of the entire intersection. This means that future requests for commercial development at other portions of the intersection should be denied because additional commercial development would be inappropriate. It is important to note that approving the entire commercial acreage on this corner would conflict with the land use recommendations in the Northwest Area Plan that also projects the northeast quadrant of the W. 6th Street/SLT intersection is appropriate for commercial development. The request can be either viewed as part of the intersection where commercial area can be shared among the four quadrants of the intersection or a single quadrant development. The Commission needs to respond directly to this policy before forming a recommendation regarding this proposal and the total acreage being requested.
The property is bounded on the west by the South Lawrence Traffic Way and on the north by W. 6th Street. Higher intensity development must be designed with appropriate setbacks and buffer to provide a transition of land use between adjacent land uses of less intensity.
Staff Finding - Development requires approval of both preliminary and final plats, which allows for refinement of the layout and that adds additional review prior to construction. A development plan must also be approved to address specific building orientation, parking and access of the property. If approved, publication of the rezoning should be subject to the approval of a development plan to provide assurance of necessary integration and buffering of land uses as well as to limit the type and amount of commercial development at this intersection. The surrounding area is undeveloped and a specific land use pattern has not been fully defined. The Commission needs to respond directly to this policy before forming a recommendation regarding this proposal and the total acreage being requested.
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 this criterion weighs the benefits to the community-at-large versus the benefits to 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 planned public improvements (roads, sewer, and water) that will serve this site are designed with the capacity to handle existing traffic and projected future improvements in the area. After all public improvements have been completed; the infrastructure serving the subject property will have the capacity to handle the amount of traffic generated by the proposed development. Provision of public improvements will minimize the effects the proposed development will have on the developing neighborhood.
Staff Finding - This area has been planned and anticipated for urban development since the late 1980’s. The proposed request is consistent with anticipated land use for this area. A significant issue at the plat and development plan stages will be retail square footages, building orientation, and the transition/physical buffer between adjacent residential land uses to the south and east. Approval of this request will limit the ability to develop other portions of the intersection commercially.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County. An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan. The subject property is also in the planning area defined in The Northwest Plan, which was adopted by the Planning Commission and City Commission. Both Plans discuss the intersection of W. 6th Street and the SLT although the Northwest Plan addresses only the land area north and east of this intersection.
“It is the intent of this plan that the policies of Horizon 2020 govern urban land use of development in the northwest plan area.” Pg 9
The Northwest Plan includes a map entitled “The Northwest Area Proposed Land Uses” that graphically represents land uses that are appropriate for the northeast corner of W. 6th Street and the SLT. This plan is bounded by W. 6th Street on the south side and therefore does not include the south sides of the intersection.
The concept of providing a buffer area or transition uses between high intensive land uses and less intensive land uses is a common thread throughout Horizon 2020. The Commercial chapter in Horizon 2020 recommends that both higher-density residential development and office uses are appropriate as transition use, between commercial uses and low-density residential uses.
Chapter Six - Commercial Land Use; Goal 2; Policy 2.3: Higher-Density Residential Development as Transitional Use
Consider the use of higher-density residential development as a transitional land use between commercial developments and the surrounding low-density residential neighborhoods. (Pg 100)
Chapter Six - Commercial Land Use; Goal 2; Policy 2.4: Office, Research and Semi-Public Development as Transitional Use
a. Encourage using low-intensity office, research and semi-public development as a transition between commercial development and low-density residential neighborhood. (Pg 101)
Submitted with this request were additional rezoning requests for RM-2, RO-2, RM-1 and RS-2 zoning. A mixed use development proposal such as this provides the ability to do sector or sub-area planning. This mix of zoning districts will provide buffering for the low-density residential development proposed at the south end of the total development proposal.
Both Plans emphasize the importance “to terminate the lineal (strip) commercial development along West Sixth Street, west of Monterey Way …” (The Northwest Plan, Pg 8) A policy in Horizon 2020 is the elimination of strip development as a development pattern used in the community.
Chapter Six - Commercial Land Use; Goal 3; Policy 3.1: Utilize Locational Criteria for Commercial Development
b. Strip Commercial: Discourage the formation of expansion of strip commercial development by directing new development in a more clustered pattern. Pg 102
This request includes all the W. 6th Street frontage of the subject property, approximately 1,761 lineal feet.
Horizon 2020 also provides specific standards for the size of a community commercial development.
“Community Commercial Centers. It (community commercial centers) typically requires a site or area of approximately ten to thirty acres… Community centers typically contain a gross leasable area of 150,000 square feet, but may contain 100,000 to 450,000 square feet.” Pg 88 (emphasis added)
“Limit development of community commercial centers to designated intersections of arterial and collector streets and limit total nodal development to not more than 10-30 acres at an individual intersection.” Pg 103 (emphasis added)
Horizon 2020 suggests that one possible location for a new community commercial center is “portions” of the intersection of W. 6th Street and the SLT. Horizon 2020 defines how large a community commercial center node should be in both acreage and gross leasable square footage. A community commercial node should not be “more than 10-30 acres at an individual intersection” and the total gross leasable square footage of the area should “typically contain a gross leasable area of 150,000 square feet, but may contain 100,000 to 450,000 square feet.”
The intersection of W. 6th Street and the SLT is suggested to be a community commercial center serving the retail needs of the surrounding neighborhood. Only a portion of the intersection is intended to be commercially developed, with no more than 30 acres of commercial uses, developed with a total of 100,000 to 450,000 square feet of gross leasable space, 150,000 square feet is stated as the desired amount of space. No commercial applications have been received for other portions of this intersection.
This rezoning request proposes to add 32 gross (30 net) acres of commercially zoned property to the intersection of W. 6th Street and the SLT. Expected commercial requests at other portions of the intersection would exceed the guidelines established in Horizon 2020 for a community commercial center.
Specific building orientation and access will require further evaluation of the development plan for this portion of the development. Municipal services can be extended to this property. The plan further provides recommendations for lot orientation and access discussed as part of the preliminary plat review.
Staff Finding - The proposed request conforms with the land use recommendations found in Horizon 2020. It should be noted approval of this commercial development request meets the entire need for commercial/retail uses appropriate at this intersection. Other corners of the intersection should be revised for other high-intensity uses such as office park or high-density multi-family.
STAFF REVIEW
Approval of the use will allow the ability to mix land uses in this general area and provide commercial and highway services without encroaching on adjacent development. Specific details regarding access, transitioning, buffer/screening, and building orientation will be critically evaluated as part of the development plan review process. Any development of this property must be subject to approval of a development plan and the provision of infrastructure for access and utilities prior to construction.
The applicant’s desire is to develop the residential and lower density phases of the “Diamondhead” property prior to the commercial development. The benefit of the commercial approval establishes in advance of area development, land use expectation that should not come as a surprise to subsequent residents who develop homes in this area.
The commercial zoning request (PCD) for this property is difficult to tie down in dimensions of an exact area to rezone without the benefit of a nodal plan for the intersection or a Preliminary Development Plan. The ratio of length to width and the depth of the property are all important considerations, but these can vary depending on the projected use. Spatial relationships are different, for example, for a large hotel and retail complex than for a large format (big box) retail building with a few out lots. It is entirely feasible that the dimensions of the PCD area, when based on an actual plan, may alter the configuration or acreage of the adjoining buffer or transitional zonings of RO and RM. However, there are sound planning reasons for considering the entire composition of land uses, as proposed with this development proposal, and determining the appropriateness, in concept, of these land uses and zonings. Putting a limit on the acreage of the PCD and the adjoining rezoning requests and specifying in Commission discussion the expectations of a Preliminary Development Plan (which is recommended as a condition of approval of the PCD request) in regard to landscape buffering, limitations on retail square footage, and the relationship of the PCD to transitional uses, such as, the distance of structures over two stores must be 1/12 times the depth of the peripheral setbacks or the internal operations of delivery and trash pickup shall be screened physically to dimension both sound and visual appearances, would be appropriate.
This request is part of a larger development proposal that includes residential and mixed-use developments. A preliminary plat accompanies these rezoning requests. Transitioning between the different land use types and densities is discussed in the review of the preliminary plat to allow for buffering and connectivity throughout the development.
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the 32.713 acres from A (Agricultural) to PCD-2 (Planned Commercial District) and forwarding it to the City Commission with a recommendation for approval subject to the findings of fact found in the body of the staff report and subject to the following condition:
1. Approval of a preliminary development plan prior to publication of a rezoning ordinance and;
2. Recording of a final plat prior to publication of the rezoning ordinance.