PUBLIC HEARING ITEM:

 

 

ITEM NO. 9B:           PRELIMINARY DEVELOPMENT PLAN FOR CROWN CHEVROLET/TOYOTA AND CROWN PRE-OWNED CARS; 3400 IOWA STREET (JLT)

 

SUMMARY

 

PDP-05-04-04:  Preliminary Development Plan for Crown Chevrolet and Crown Toyota and Crown Pre-Owned Cars. This proposed commercial development contains approximately 13.73 acres. The property is described as being located at 3400 and 3434 South Iowa Street.  Submitted by BG Consultants, Inc. for Schnaer Family Real Estate Limited Partnership and Lawrence Cashways, LLC, property owners of record.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:                   PCD-2 (Planned Commercial Development) District

                                                          (with use restrictions); site of former Payless

                                                          Cashways store and materials yard.

 

                                                          C-5 (Limited Commercial) District; site of current

                                                          new and used car sales and service, Crown

                                                          Chevrolet and Crown Toyota.   

 

Surrounding Zoning and Land Use:             C-5 (Limited Commercial) District to the north; site

                                                          of current new car sales and service, Crown

                                                          Chevrolet and Crown Toyota.

 

                                                          A (Agricultural) District to the east; farmland,

                                                          outside of Lawrence City Limits.

         

          RS-1 (Single-Family Residence) District to the south; undeveloped.

 

            PCD-2 (Planned Commercial Development) District to the west; variety of commercial uses including hotel, restaurants and multi-screen movie theater.

 

Site Summary

Number of Lots:                          1

Gross Area:                                 13.7 acres

Number of existing buildings:         2 (includes outbuildings)

Gross square footage:                  104,126 sq. ft.              

Number of proposed buildings:      2 (includes outbuildings)

 

Used Car Sales Building:

Gross square footage:                  4,700 sq. ft.

Usable square footage:                 4,000 sq. ft.

Parking spaces required:               20

Parking spaces provided               

(includes 4 accessible):                 85

New Car Sales Building:

Gross square footage:                  80,559 sq. ft.

Usable square footage:                 24,300 sq. ft.

Parking spaces required:               122

Parking spaces provided               

(includes 8 accessible):                 196

 

Total impervious surface:              448,847 sq. ft.

Total open space provided:           149,256 sq. ft. 

 

STAFF REVIEW

 

The subject property is located at the southeast corner of Iowa and 34th Streets.  At present, the entire site of the former Payless Cashways is zoned PCD-2 (Planned Commercial Development) District. A concurrent rezoning (Z-05-20-04) request takes a portion of a C-5 (Limited Commercial) zoned lot directly north of Payless Cashways, (site of Crown Chevrolet and Crown Toyota new/used car sales), and requests rezoning to PCD-2. The second part of the rezoning request pertains to permitted uses and takes the entire rezoned PCD-2 site from PCD-2 to PCD-2, to allow additional uses currently restricted with the existing PCD-2 zoning.

 

The Preliminary Development Plan and the rezoning request will result in redevelopment of the former Payless Cashways site for Crown Chevrolet and Crown Toyota new and used car sales and service. This is part of a larger proposal that includes the expansion of the existing Wal-Mart site. To facilitate this expansion, the existing Crown Chevrolet and Crown Toyota dealership will be relocated to the former Payless Cashways site. The expansion of the Wal-Mart store to the south will require the store’s current recycling center to be relocated to an area that is now part of the Payless Cashways site.

Background

 

Planned Commercial Development Districts are intended to encourage commercial development in a planned manner consistent with the adopted comprehensive plan of the City and compatible with nearby or adjacent residential areas. While these districts typically permit a broad number of commercial uses including Use Group 13 - Automotive Services; Retail Sales, the subject property was restricted to one permitted use when rezoned in 1993.

 

In 1993, approval of a rezoning (Z-9-32-93) and subsequent Preliminary and Final Development Plans for Payless Cashways restricted the use of the property to “Retail/Wholesale Sales and Service of Building Materials.” The requested rezoning will allow Use Group 13 – Automotive Services; Retail Sales; Other, as a permitted use in this planned commercial development. The Preliminary Development Plan reflects alterations and additions to the site to accommodate this use.

 

Major Alterations to the Site

 

This Preliminary Development Plan calls for modifications to the existing Payless Cashways building for Crown Chevrolet and Crown Toyota new car sales and service and the construction of a used car sales building further north and west of the Payless building. In addition to these aspects of the project, the geography of the area will change if the applicants are successful in acquiring certain rights-of-way at or near the intersection of Iowa Street and K-10 (SLT). These are:  

 

1. Vacating and closing the existing frontage road that fronts onto Iowa Street. The applicants have requested KDOT’s assistance in acquiring the tracts that currently serve as the right-of-way for the existing frontage road that connects Iowa Street with the existing Wal-Mart, Crown and Payless properties. As part of abandoning this right-of-way, the applicants are proposing to redesign entrances to both the Wal-Mart and Payless/Crown sites off of 34th Street, as recommended in this Traffic Impact Study. These tracts are identified as Parcels 1 through 5 on the attached Exhibit “A.”

 

2. Vacating, closing and redeveloping Armstrong Road. The applicants have requested the City of Lawrence’s assistance in acquiring a parcel that runs east and west along the proposed eastern leg of the SLT, developed as Armstrong Road. Once vacated, the applicants propose to close the road and redevelop it as part of Crown Toyota’s parking lot. The road, which provides access to both a cellular communications tower and water district meter east of the existing Payless site, will be improved to provide access to both uses.

 

This area, which is identified as Parcel 6 on the attached exhibit, is not currently under KDOT control. It is the southern half of the right-of-way for 35th/Armstrong Road, a City street. Because the applicants are requesting vacation of the full right-of-way by the City, ownership of one-half of the right-of-way will revert to each of the adjoining land owners. Thus, the north half of the 35th/Armstrong Road will revert to the Payless property. The southern half will revert to KDOT because KDOT owns the property immediately south of 35th/Armstrong Road (property acquired for the east leg of the SLT). The applicants are requesting for KDOT to relinquish its reversionary interest in this right-of-way. A written response from KDOT has not been received by Planning Staff.

 

Note: The south half of the right-of-way provides the peripheral setback. If right-of-way is not vacated and acquired, the Preliminary Development Plan will need a revision or setback reduction.

 

3. Acquisition of tracts dedicated to the City of Lawrence. Ownership of two tracts of right-of-way dedicated to the City is also requested by the applicants. These tracts are roughly at the southwest corner of the Payless site. They will provide Crown Chevrolet and Crown Toyota with the ability to “square off” an expansion to the existing Payless parking lot. These tracts are identified as Tract 1A and 2A on the attached Exhibit “A.” Note: The City can vacate right-of-way and tracts through approval of a replat.

 

The applicants believe that the proposed abandonment/realignment would essentially duplicate a recent frontage road closure north of 31st Street associated with the development of On the Border and Longhorn Steakhouse restaurants and the previous closure of the frontage road in front of the former K-Mart site; all along Iowa Street.

 

STAFF ANALYSIS

 

The proposed revised Preliminary Development Plan for Crown Chevrolet and Crown Toyota has been evaluated based upon the following suggested findings of fact and conclusions outlined in Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence:

 

1)       In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.

 

Chapter Six – Commercial Land Use, Strategies: Commercial Development states, “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 subject property is part of the South Iowa Street Regional Commercial Center. Horizon 2020 defines this regional commercial center as the area between W. 23rd Street and K-10 with approximately 1.3 million square feet of gross commercial space.

 

Chapter Six – Commercial Land Use, Strategies: Commercial Development, South Iowa Street (23rd Street to K-10 Highway) states, “K-10 provides a physical barrier and edge to the commercial corridor (South Iowa Street Corridor) that has developed. Additional retail commercial uses shall not occur south of the highway,   In general, development and redevelopment along the Iowa Street segment shall emphasize consolidated access, frontage roads, coordinated site planning and design, and high quality development.”

 

Horizon 2020 recommends that regional commercial centers have no more than 1.5 million gross square feet.  Approval of this proposal will not cause the South Iowa Street Regional Commercial Center to exceed 1.5 million gross square feet. 

 

            Staff Finding – The Crown Chevrolet and Crown Toyota Preliminary Development Plan as conditioned is in conformity with the goals, policies and recommendations in Horizon 2020.

 

2)       In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development.

 

The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance, which reads as follows:

20-1002.       Statement of Objectives of Planned Unit Developments. The following goals are adopted as the "Statement of Objectives for Planned Unit Developments":

(1)              To promote and permit flexibility that will encourage innovative and imaginative approaches in residential, commercial, and industrial development which will result in a more efficient, aesthetic, desirable and economic use of the land while maintaining density and intensity of use consistent with the adopted Comprehensive Plan for the City;

(2)              To promote development within the City that can be conveniently, efficiently and economically served by existing municipal utilities and services or by their logical extension;

(3)              To promote design flexibility including placement of buildings, and use of open space, pedestrian and vehicular circulation facilities to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography, size or proximity;

(4)              To provide for the preservation of historic or natural features where they are shown to be in the public's best interest including but not limited to such features as:  drainageways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures.

 

            Staff Finding - The plan, as conditioned, is consistent with the Statement of Objectives for Planned Unit Developments.

 

3)       The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.

 

            Staff Finding - The common open space in this Planned Commercial Development meets the code requirement.

 

4)       Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

 

            Staff Finding - In general, the plan adequately provides control over vehicular traffic, provides adequate green space, and does not impede light, air, recreation and visual enjoyment. The applicants believe that associated improvements to the site through the vacation of rights-of-way will provide significant traffic safety enhancements such as an elongated throat at the 34th Street entrance to Crown Chevrolet and Crown Toyota.  

 

5)       Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.

 

            Staff Finding – Approval of this preliminary development plan will not have a detrimental affect on nearby property. Approval of this rezoning will allow for the redevelopment and expansion of the subject property in a manner that is very similar to the surrounding area.

 

6)       In what respects the plan is or is not in conformance with the development standards and criteria of this article.

 

a)       The general development standards pertaining to all planned unit developments are found in Section 20-1006, "General Development Standards - Planned Unit Developments," of the Zoning Ordinance.  Specific development standards for Planned Commercial Developments are listed in Section 20-1008, "Development Standards Planned Commercial Developments."

 

          Based on the above analysis, the proposed revised Preliminary Development Plan, as conditioned, generally adheres to Section 20-1006 of the Zoning Ordinance. 

 

b)       Preliminary Development Plan requirements are listed in Section 20-1010, "The Preliminary Development Plan."

 

          Based on the above analysis, the proposed revised Preliminary Development Plan, as conditioned, adheres to Section 20-1010 of the Zoning Ordinance. 

 

            Staff Finding - The plan, as conditioned, is in conformance with the development standards and criteria of this article.

 

7)       In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development.

 

     Section 20-1005, "Development Standards and Criteria," in the Zoning Ordinance states:  (a) A plan that is consistent with (1) the "Statement of Objectives for Planned Unit Development," (2) the adopted Comprehensive Plan of the City, (3) the development standards set out herein, and (4) any specific rules and regulations for Planned Unit Developments adopted from time to time by the Planning Commission and City Commission and placed on public record in the office of the City Clerk shall be deemed to be qualified for tentative approval. No such rules and regulations shall be revised or added to so as to be applicable to a specific proposal for a Planned Unit Development after an application for tentative approval has been filed by the landowner or his or her agents.”

 

            Staff Finding - The Preliminary Development Plan, as conditioned, meets the requirements for tentative approval.

 

8)       The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan which proposes development over a period of years.

 

           Staff Finding – At this time, the applicants plan to complete redevelopment of this site

           over the next several months.

 

Waivers Requested

 

Periphery Setback

 

The applicants have requested a waiver from the requirement of the periphery boundary setback of 30 feet [Sec. 20-1008(d)2] to 1’ along the north property line of the subject property, adjacent to the Wal-Mart site. The applicant has provided screening for parking lots on the Preliminary Development Plan. The Planning Commission has the authority to approve a lesser setback as part of the approval of a planned development. The commission has granted similar reductions when a planned commercial development is adjacent to existing conventional commercial development based on the provisions of Section 20-1006(i)(2), such as the K-Mart and Target developments.

 

Staff Recommendation: Planning Staff recommends approval of the Preliminary Development Plan for Crown Chevrolet and Crown Toyota based on the findings in the staff report and forwarding it to the City Commission subject to the following conditions:

 

1.       Approval of proposed rezoning, to PCD-2 with use restrictions.

2.       Acquisition of vacated right-of-way for 35th Street/Armstrong Road from KDOT, or revision of Preliminary Development Plan to provide 30’ peripheral setback along south property line.

3.       Written confirmation that KDOT will vacate frontage road right-of-way prior to submission of Final Development Plan.

4.       Revision of Final Development Plan to:

          a)       Reference approved setback reduction on north side of property from 30’ to 1’;

          b)       List all permitted uses on face of Preliminary Development Plan.

  

REVIEW COMMENTS FROM OTHER DEPARTMENTS

 

Public Works/Engineering:

1.         All existing easements, utilities, rights-of-way and proposed easements and rights-of-way need to be shown correctly on the site plan. (Revised)

2.         Where is the sanitary sewer main and service lines? (Revised)

3.         Does right-of-way need to be dedicated for Ousdahl? (Not applicable) 

 

Stormwater Engineering:

1.         Drainage study review comments: A drainage study will not be required for this project because the increase in impervious surface is less than 10 percent. (Noted)

2.         Planning document review comments: The preliminary development plan dated 05-07-04 does not meet the specified requirements, and should not “go forward.” (Revised)

Comments:

1.       This plan does not provide enough information. Show proposed contours for the entire site. Show proposed storm sewer inlets and pipes on site. Label the size and elevation of all storm sewers.  Label all existing utilities on and adjacent to the site. (Revised)

2.       Specify that all curb inlets on site will be constructed per City standard details. (Revised)

3.       The existing public curb inlets and box culvert will be modified as a result of the removal of the frontage road and right-of-way. The site plan must show and label these modifications. Public improvement plans for this work must be submitted to the Public Works Department for review prior to release of the plan to the building inspector, and these improvements must be completed prior to occupancy. (Revised)

4.       Existing topography must be shown along the south boundary in enough detail to evaluate existing drainage and proposed modifications. (Revised)

5.       Provide drainage easements for any remaining public drainage systems within the proposed property lines. (Revised)

6.       Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. (Noted)

 

Neighborhood Resources: No comments received.

 

Utilities:

1.         Any alterations required to the existing water lines or appurtenances must be paid for by the developer. Do not vacate any right-of-way on Armstrong Road where existing water line is located. (Noted) 

2.         Access to Rural Water District #2 water meter must be maintained. (Revised)

 

Parks/Forestry:

1.         See preliminary development plan for additional comments about plant material shortcomings on parking lot medians. Add more trees. (Revised) 

2.         Also problem with lights in medians where trees are supposed to go. Need to use trees and move lights. (Revised) 

3          Add screening or clusters of screening along Iowa Street as per Landscape Ordinance for parking lots. (Revised)

4.         Please check the City’s greenspace requirements to confirm that this project complies. (Revised)

5.         Add street trees to 34th Street frontage. (Revised) 

 

Fire Department:

1.         Need three (3) fire hydrants with spacing of 400’ between hydrants. Maximum distance to a hydrant is 250’. (Revised)  

 

Police Department: No comments received. 

 

Sanitation Department: Site will be provided with front loader dumpster service for this location. Area shown for enclosure is okay but the size needs to be 24’ wide by 12’ deep. Any concerns or questions please contact the Solid Waste Division at 832-3032. (Revised)

 

Traffic Engineering: Comments reflected in revised preliminary development plan.

 

Westar Engineering: No comment.  

 

Aquila, Inc.: No comments received. 

 

Southern Star Central Gas: No comments received. 

 

Southwestern Bell: Any utilities being moved will be at owner’s expense. (Noted)

 

Sunflower Cablevision: No comments received.

 

KDOT: No comments received.

 

Planning Department:

1.         Per Section 20-1010:

                        (d)        Show the present and proposed topography of the area by contour lines at an interval of not more than two feet. (Revised)

                        (e)        Show the location of existing utilities and easements on and adjacent to the site including power lines, telephone lines, & gas lines. Show the vertical elevation (if available) and horizontal location of existing sanitary sewers, water mains, storm sewers and culverts within and adjacent to the site. (Revised) 

                        (f)         Show, by use of directional arrow, the proposed flow of storm drainage from the site. (Revised) 

2.        Footprint of Used Car Sales building should provide more detail. How is the building accessed? What is the gross/usable square footage? (Revised)

3.        Provide count of vehicles in the vehicle display areas for both the Used/New Car Sales building lots. (Revised)

4.        A portion of the New Car Sales building (southeast area) is not identified with a use. Identify in as much detail as possible this proposed use. (Revised)

5.        Preliminary development plan should identify each existing and proposed zoning district. (Revised)

6.        Check parking count for New Car Sales building. (Revised)

7.        Revise gravel access drive on Armstrong Road (length/materials). (Revised)

8.        Clarify gate issue to the north of site. Is it possible to close off? (Revised)

9.        Provide information as to location/delivery route of semi’s used to deliver/remove vehicles from both the Used Car and New Car Sales sites. (Revised)

10.       Identify on the preliminary development plan (footprint) the gross/usable square footage of the New Car Sales building. (Revised)

11.       How are hazardous materials (car batteries, etc.) and other materials (tires, car parts, etc.) removed from site? Trash enclosure does not appear to be large enough to accommodate this type of debris. (Noted)

12.       What is the proposed use of the storage shed to the east of the Payless building? Please label. (Revised) 

13.       Note the existing loading dock. What is adjacent to loading dock? Please identify. (Revised)

14.       Per Section 20-1214: Each row of parking which terminates within the interior of the lot (not at the perimeter) shall be terminated with a curbed landscape island not less than 200 sq. ft. in area for double rows, and not less than 100 sq. ft. for single rows. Please verify landscape islands/landscaping. (Revised)

15.       Note all periphery boundaries as required in a PCD. (Revised)