June 23, 2004 Planning Commission Meeting
ITEM NO. 9A: C-5 & PCD-2 TO PCD-2; 15.02 ACRES; 3400 IOWA STREET (JLT/BPD)
Z-05-20-04: A request to rezone a tract of land approximately 15.02 acres from C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District. The property is described as being located at 3400 Iowa Street. Submitted by BG Consultants, Inc. for Schnaer Family Real Estate Limited Partnership and Lawrence Cashways, LLC, property owners of record.
ITEM NO. 9B: PRELIMINARY DEVELOPMENT PLAN FOR CROWN CHEVROLET/TOYOTA AND CROWN PRE-OWNED CARS; 3400 IOWA STREET (JLT/BPD)
PDP-05-04-04: Preliminary Development Plan for Crown Chevrolet/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.
Items 9A & 9B were discussed simultaneously.
STAFF PRESENTATION
Mr. Tully explained the rezoning application appeared complicated, but was basically a request to rezone a portion of the subject property to PCD-2 and change the use restrictions on another section that was already zoned PCD-2. The intent was to relocate the existing new car dealership to the land formally developed as the Payless Cashways site, and create a used car lot on part of the existing site.
Staff recommended approval of both applications, including the use group revisions, subject to the conditions identified in the Staff Reports.
APPLICANT PRESENTATION
John Hampton, applicant representative, had no additional information and stated the applicant’s agreement with the Staff Reports.
Comm. Johnson asked what the new buildings would look like. It was discussed that the developer had not yet decided on building materials, but elevations were required with the Preliminary Development Plan so the Commission could provide direction at this time.
Mr. Hampton said all parties involved understood they would have to come to an agreement regarding cross-access easements.
PUBLIC HEARING
No member of the public spoke on this Item.
CLOSING COMMENTS
Staff noted the Commission would need to make a separate motion for the waivers associated with the Preliminary Development Plan.
The applicant had no closing comments.
COMMISSION DISCUSSION
Chairman Haase said he appreciated this kind of redevelopment, but asked the developer to look carefully at adding distinctive features (water feature, mature landscaping, etc.) to fit the scope of this gateway development.
ACTIONS TAKEN
Item 9A
Motioned by Comm. Jennings, seconded by Comm. Johnson to approve the rezoning of 15.02 acres from C-5 and PCD-2 to PCD-2 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Approval of a preliminary development plan for the proposed site;
2. Approval of a replat for the subject property and the adjacent Wal-Mart property;
(a) All of those permitted uses under Use Group 7 in Section 20-709.5 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(b) All of those permitted uses under Use Group 9 in Section 20-709.7 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(c) All of those permitted uses under Use Group 11 in Section 20-709.9 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of food stores, convenience stores, and restaurants which shall not be permitted.
(d) All of those permitted uses under Use Group 12 in Section 20-709.10 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of bowling alleys; clubs or lodges; department stores; variety stores; food convenience stores; gasoline stations for sale to the public of gasoline; food stores (including retail bakeries); liquor, wine and beer sales; pawnshops; and theatres, which shall not be permitted.
(e) All of those permitted uses under Use Group 13 in Section 20-709.11 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of commercial amusements parks; commercial baseball parks; carnivals or circuses; eating establishments with dancing or entertainment; eating establishments providing only drive-up service or no seating facilities; food convenience stores, including gasoline sales; food locker plant for consumer use; commercial golf driving range; golf pitch and putt or miniature golf course; sex shop; sexually oriented media store; commercial skating rink and drive-in theatre, which shall not be permitted.
(f) All of those permitted uses under Use Group 14 in Section 20-709.12 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of pawnshops, sexually oriented cabarets, and sexually oriented motion picture theatres, which shall not be permitted.
(g) All of those permitted uses under Use Group 15 in Section 20-709.13 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of a bowling alley; game arcade, including video games; a theatre; and outdoor amusement, recreational or cultural facilities.
Motion carried unanimously, 9-0. with Student Commissioner Brown also voting in favor.
Item 9B
Motioned by Comm. Angino, seconded by Comm. Jennings to approve the waiver to reduce the peripheral setback along the north property line from 35’ to 1’.
Motion carried unanimously, 9-0, with Student Commissioner Brown also voting in favor.
Motioned by Comm. Jennings, seconded by Comm. Angino to approve the Preliminary Development Plan for Crown Chevrolet/Toyota & Crown Used Cars and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and 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; and
4. Revision of Preliminary Development Plan to:
a) Reference approved setback reduction on north side of property from 30’ to 1’; and
b) List all permitted uses on face of Preliminary Development Plan.
Motion carried unanimously, 9-0, with Student Commissioner Brown also voting in favor.