PUBLIC HEARING ITEM:

ITEM NO. 10:           B-3 TO PCD-2; 11.5587 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD)          

SUMMARY

Z-02-06-04:  A request to rezone a tract of land approximately 11.5587 acres from B-3 (Limited Business) District to PCD-2 (Planned Commercial Development) District.  The property is generally described as being located north of Clinton Parkway and east of K-10 Highway (SLT).  Initiated by the Planning Commission at their January meeting.  Lake Pointe Addition, LLC, is the contract purchaser.  Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., are the property owners of record. 

GENERAL INFORMATION

Current Zoning and Land Use:                   B-3 (Limited Business District); County commercial zoning, undeveloped property used for agricultural purposes.

Surrounding Zoning and Land Use:             B-1 (Neighborhood Business District) to the north, east and west, multifamily zoning requested see Z-12-49-03 for RM-1 (Multiple-Family Residence) District and Z-12-50-03 for RM-2 (Multiple-Family Residence) District both approved by the City Commission on March 2, 1994; undeveloped property used for agricultural purposes.

A (Agricultural) District to the south (south side of Clinton Parkway); Corps of Engineers property.

Reason for Request:                               Initiated by the Lawrence Douglas County Metropolitan Planning Commission in response to a commercial development request.

I.         ZONING AND USES OF PROPERTY NEARBY

Staff Finding – The subject property is a portion of a larger tract currently zoned for County commercial uses. The City Commission approved multi-family zoning to the east and west of the subject property. The property is undeveloped and is surrounded by existing and planned residential uses to the north, east and west.

II.       CHARACTER OF THE AREA

Staff Finding – The character of the area is best described as agricultural in nature at the current time. Residential development is occurring to the east. Proposed multi-family development is anticipated based on recently approved zoning changes to the immediate east and west.

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

Staff Finding – Upon annexation the County zoning district is no longer appropriate. The property is currently zoned for County commercial uses. If approved, the proposed request will “transfer” that land use to a planned commercial district.

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

The Planning Commission considered the initial county zoning in 1977 and then again in 1982. The following excerpt is taken from the Z-02-05-82 staff report to demonstrate the reasons for the commercial zoning:

As for the question of the appropriateness of the approved zoning classification for this property, it is the staff's view that it is too intensive a commercial district for this location. Because of its close proximity to the reservoir, the limited access to the property and the low density residential development that is planned for the area to the north and east of this property, a more appropriate zoning would be B-3, Limited Business (commonly referred to as lake oriented commercial). The applicant's representative, at the Planning Commission meeting on January 25, 1978, stated that "this site had a view of the reservoir and would be developed as a lake-oriented, recreational area. The applicants argued during the zoning hearing that the uses proposed for the property required B-2 zoning. All of the uses shown on their development plan, however, are appropriate for the B-3 zoning district. Two of these uses--motel and camping facilities--are not allowed uses in the B-3 district at this time, but are highly compatible with the intent of the district.

Staff Finding – The subject property is vacant and has been zoned for County commercial uses since 1977.

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

Staff Finding – The developable portion of the subject property represents 4.73 acres of the original 29-acres of County commercial zoning in this location. No detrimental affects are anticipated by the proposed change. Approval of the request will require a development plan prior to construction to assess the proposed land uses, building arrangement, parking, landscaping and other physical elements as they relate to the surrounding area.

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

Staff Finding – The proposed change will re-designate the remaining County commercial district to a City commercial zoning district. The zoning is a preparatory development step. Development of the property will include the extension of municipal services to serve the property. Service extension is consistent with plans to ultimately provide a looped network to serve the western portion of the City between Clinton Parkway and W. 15^th Street.

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

Approval of the request will not create a new commercial area. The request, combined with the recently approved multi-family requests to the east and west, will reduce the allowable commercial land area originally anticipated for this area.

Horizon 2020 supports the concept of maintaining existing commercial development and provides specific strategies for addressing commercial land use areas as follows:

•        Establish and maintain a system of commercial development nodes at selected intersections which provide for the anticipated neighborhood, community and regional commercial development needs of the community throughout the planning period.

•        Require commercial development to occur in "nodes" by avoiding continuous lineal and shallow lot depth commercial development along the City's street corridors and Douglas County roads.

•        Encourage infill development and/or redevelopment of existing commercial areas with an emphasis on downtown Lawrence and existing commercial gateways.  Sensitivity in the form of site layout and design considerations shall be given to important architectural or historical elements in the review of development proposals.

The intersection of Clinton Parkway and K-10 Highway is identified as a new commercial area and specifically designated as a neighborhood commercial center. A neighborhood center is characterized as occurring “on only one corner of an arterial/collector street intersection or arterial/arterial street intersection.” The subject property (4.73 gross acres excluding right-of-way) would be characterized as a neighborhood commercial center if approved.  The plan describes neighborhood commercial areas as “intended to be developed as small compact commercial “nodes” that provide goods and services to the immediately adjoining neighborhood areas.”

The subject property is located within an area identified for commercial development since 1973 with the “Clinton Reservoir Area Mini-Comprehensive Plan” and then again in Plan 95.

Staff Finding – The subject property has long been considered to be part of a future commercial development.  The proposed rezoning is consistent with the recently approved commercial chapter of Horizon 2020.

STAFF REVIEW

The subject property is located at the southern end of an existing rural residential neighborhood. This neighborhood is currently transitioning to a more urban development character including proposed multi-family development and single-family housing on smaller lots. The subject property is currently zoned for a variety of commercial uses as a county commercial district.  The property is undeveloped and had been previously used for agricultural purposes. The proposed acreage includes right-of-way for Clinton Parkway so that the district boundary will be carried to the center line of the street. The actual acreage of the commercial tract is 4.73 as shown on the Final Plat of Lake Pointe Addition.

The revised commercial chapter of Horizon 2020 states the need for nodal plans, prior to development. The preliminary plat was approved prior to the adoption of the Plan revisions. This rezoning request was initiated by the Planning Commission in response to a conventional commercial zoning request for the subject property. Significant planning has occurred regarding the subject property and the surrounding area including collector streets, land use and plat approval. A substantial portion of the subject area is publicably owned land for recreational purposes. Street connections will be made to the north and west as the remaining parcels redevelop along K-10 Highway (SLT).

PCD-2 (Planned Commercial District) allows for a variety of uses but is limited by the physical size of the property, setback, landscape and parking requirements.

PROFESSIONAL STAFF RECOMMENDATION

Planning Staff recommends approval 11.5587 acres from B-3 (Limited Commercial) District to PCD-2 (Planned Commercial District) and forwarding of it to the City Commission with a recommendation for approval based upon the findings of fact presented in the body of the staff report and subject to the attached use restriction:.

ZONING DISTRICTS						PERMITTED USE GROUPS
CP	C1	C2	C3	C4	C5
S	S	S		S	S	USE GROUP 1.  AGRICULTURE - ANIMAL HUSBANDRY as set forth in Section 20-610.1, subject to "Special Conditions" reference set forth therein.
P	P	P	P	P	P	USE GROUP 2.  AGRICULTURE - FIELD CROPS as set forth in Section 20-610.2.
	P					USE GROUP 3.  RESIDENTIAL - SINGLE-FAMILY DETACHED as set forth in Section 20-610.3.
	S	S	S		S	USE GROUP 4.  RESIDENTIAL - MULTI-FAMILY as set forth in Section 20-610.5.
		S	S		S	USE GROUP 5.  RESIDENTIAL - DORMITORY as set forth in Section 20-610.6.
		S	S	S	S	USE GROUP 7.  COMMUNITY FACILITIES & UTILITIES-RESIDENTIAL as set forth in Section 20-610.8, subject to "Special Conditions" reference set forth therein.
S	S	S	S	S	S	USE GROUP 8.  TEMPORARY USES as set forth in Section 20-610.9, subject to "Special Conditions" reference set forth therein.
		S	S	S	S	USE GROUP 9.  PROFESSIONAL OFFICES as set forth in Section 20-610.10, subject to "Special Conditions" reference set forth therein.
S	S	S	S	S	S	USE GROUP 10.  OFF-STREET PARKING.  Off-street parking areas and accessory uses for customer parking or parking for a fee. 1.   Off-Street Parking Off-street parking lot, fee or customer
	S	S	S	S	S	USE GROUP 11.  INNER NEIGHBORHOOD COMMERCIAL USES.  These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1.          Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store Hair care establishment Laundry, self-serve          Professional Offices (excluding medical and veterinarian offices and clinics)           Quick copy center Restaurant, not including one with drive-up facilities or service to       automobiles Retail bakery Reverse vending machines (recycling) Shoe repair service Small collection facilities (recycling) Studio for professional work or for teaching of any form of fine arts i.e.        photography, music, dancing, drama, etc.  2.             Accessory Uses

ZONING DISTRICTS						PERMITTED USE GROUPS
CP	C1	C2	C3	C4	C5
		S	S	S	S	USE GROUP 12.  RETAIL STORES - PERSONAL SERVICES.  Certain types of retail stores and service establishments which: (a)         Provide for a wide variety of local consumer and transient needs, and (b)      Have a small service area and are, therefore, not distributed widely throughout the city. (1)         Retail Stores and Service Establishments Altering, pressing, repairing of wearing apparel Antique sales Appliance, furniture, home furnishings, sales, rental repair Art supply sales Automobile service stations Bank, savings & loan and trust company Barber or beauty shop Bicycle sales, rental, repair Book sales Bowling alley Camera or photographic supply sales Clothing sales Club or lodge, whose chief activity is carried on as a business Computer store; sales, service and equipment Confectionery store Department store Drug store Dry cleaning Eating place, enclosed, without dancing or entertainment and not         providing service in  automobiles Florist shop and greenhouse Food convenience store, including gasoline sales and single-bay auto wash      (Ord. 6205) Food store, including retail bakery Furrier shop, including storage of furs Garden supply sales Gift, novelty, souvenir sales Hardware store and small tool rental, but not including sales of lumber or       industrial hardware Hat blocking and repair Hobby supply sales Ice vending machine Interior decorating shop Jewelry sales and repair Laundry pick-up station Laundry, self-service only Licensed premises Liquor, wine and beer sales, for consumption off the premises Loan office Locksmith, key shop Mail order agency Music, musical instrument and phonographic record sales Newsstand Nursery stock sales Optical goods, sales Orthopedic or medical appliance sales Paint and wall paper sales Pawnshop (Ord. 5033) Photographic processing Photographic studio Post Office Quick copy or duplicating center Radio and television studio Reading room Sewing machine sales and repair Shoe repair and sales Sporting goods sales Surgical and dental supply sales Theatre, indoor commercial Variety store Video store, sale or rental of video equipment, movies and games parlor 2.        Similar Uses Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3.             Accessory Uses
			S	S	S	USE GROUP 13.  AUTOMOTIVE SERVICES; RETAIL SALES; OTHER.  Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use. 1.          Automotive Services and Retail Sales Aircraft sales, rental, service Ambulance service Amusement park, commercial Auction room auctioneer Automobile parking garage Automobile parts store; tires & accessories Automobile repair and services Automobile sales, service, rental (new and used) Automobile service station Barber and beauty equipment sales Baseball park, commercial Blueprinting and similar reproduction processes Boat and marine sales, rental and repair Bus passenger station Business machine rental, repair, sales Car or truck wash Carnival or circus Carting, crating, express hauling, moving and storage Caterer Eating establishment, enclosed, with dancing or entertainment Eating establishment, providing only drive-up service or no seating facilities Exterminator, pest Food convenience store, including gasoline sales Food locker plant, for consumer use Free standing automated banking or dispensing facility Funeral home, mortuary, or undertaking establishment Garage or parking for common or public utility vehicles Glass sales and cutting shop Golf driving range, commercial, (pkg. requirement applies to tee area only) Golf pitch and putt courses, miniature golf course Home improvement center Hotel Laboratory, medical or dental Leather goods, sales and repair Linen supply, diaper service, uniform supply Liquids, flammable, underground storage of Lumber, limited sales Media Store (Ord. 7226) Mobile homes, sales and service Monument sales, including incidental processing Motel Motorcycle sales, service and rental Office equipment and supplies, sales and service, rental and repair Pet shop Photostatting Plumbing fixture sales Quick copy or duplicating center Recording studio School, commercial or trade, when not involving any danger of fire or      explosion, nor of offensive odor, noise, dust, glare, heat, vibration or      other objectionable factors Secretarial service Sex Shop (Ord. 7226) Sexually Oriented Media Store (Ord. 7226) Skating rink, commercial Studio for professional work or for the teaching of any form of fine arts,       photography, music, drama, etc. Swimming pool, commercial (parking requirements include pool area) Taxidermist Telephone answering service Theatre, drive-in Trailer sales and rental Transit vehicle storage and servicing Truck rental and sales 2.          Similar Uses Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group. 3.          Manufacturing Uses Baked goods, candy, delicatessen, and ice cream, all for retail sales on the       premises only Clothing:  custom manufacturing or altering for retail, including custom       dressmaking, millinery, or tailoring 4.          Accessory Uses
			S	S		USE GROUP 14.  RETAIL - WHOLESALE SALES AND SERVICES.  Consumer and non-consumer type retail and wholesale stores and service establishments and accessory uses that serve a wide area, including the entire city and surrounding trade area. 1.          Retail - Wholesale Goods and Services Automobile body shop Blacksmith shop Building materials and lumber yards (parking requirements do not apply to       lumber sheds) Cold storage plant Contractor or construction offices and shops Dry cleaning plant, including carpet cleaning Farm equipment sales, service and repair Feed and fertilizer sales Freight depot, railroad or truck Hardware, industrial sales Ice plant Machine tools, sales, rental, repair Mini-warehouse facilities Pawnshop Sexually Oriented Cabaret (Ord. 7226) Sexually Oriented Motion Picture Theatre (Ord. 7226) Warehousing establishment Wholesaling establishment, including storage 2.          Similar Uses Other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3.          Accessory Uses
		S	S	S	S	USE GROUP 15.  AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES.  Uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment. 1.          Indoor Recreational Amusement or Cultural Facilities Athletic club Auditorium Bowling alley Field house Game arcade, including video games Physical culture center and health services, including spas, gymnasiums,       reducing  salons, masseur/masseuse, or hot tubs Skating rink Swimming pool, commercial Theatre, indoor 2.          Outdoor Amusement, Recreational or Cultural Facilities Baseball park or batting cages, commercial Golf driving range or putting greens, commercial Golf, miniature or pitch and putt Marina Race track Stadium or amphitheater Swimming pool, commercial 3.          Similar Uses Other uses not specifically mentioned in this or any other use group which are similar in function and traffic-generating capacity to those specifically listed in this use group. 4.          Accessory Uses Uses which meet the requirements of the definition of accessory uses, Sections 20-2002(2) and 20-2002(3).
			S	S		USE GROUP 17.  MANUFACTURING - LOW NUISANCE.  Primarily manufacturing uses and which are of non-objectionable nature and are not harmful to nearby residential and commercial areas. THIS USE GROUP IS NOT PERMITTED IN PCD-2 DISTRICT

Z-02-06-04: Rezoning of 11.6 acres from B-3 to PCD-2
North of Clinton Parkway and East of K-10 Highway