NON-PUBLIC HEARING ITEM:

 

ITEM NO. 2:              FINAL PLAT FOR WAL-MART ADDITION NO. 2, A REPLAT OF WAL-MART ADDITION NO. 1; LOT 2, M & L SUBDIVISION; LOT 7A, ARMSTRONG’S SUBDIVISION NO. 1, AND LOT 1, ARMSTRONG’S SUBDIVISION NO. 3; 3300 IOWA STREET (SLD)

 

SUMMARY

 

PF-07-20-04:  Final Plat for Wal-Mart Addition No. 2, a Replat of Wal-Mart Addition No. 1; Lot 2, M & L Subdivision; Lot 7a, Armstrong’s Subdivision No. 1, and Lot 1, Armstrong’s Subdivision No. 3.  This proposed retail development expansion contains approximately 41.442 acres and is located at 3300 Iowa Street.  Submitted by Landplan Engineering, P.A., for Walmart Real Estate Business Trust, Schnaer Real Estate Limited Partnership, Lawrence Cashways, L.L.C, and City of Lawrence property owners of record.

 

GENERAL INFORMATION

Current Zoning and Land Use:

C-5 (Limited Commercial) District, PCD-2 (Planned Commercial District) and RS-2 (Single-Family Residence) District; pending zoning action to revise district boundaries. Reference Z-05-20-04 and Z-05-21-04.

Surrounding Zoning and Land Use:

PCD-2 (Planned Commercial District) to the north, northwest and west; existing commercial development.

 

RS-1 (Single-Family Residence) District and A (Agricultural) to the south, southwest and east; existing agricultural uses to the east and south.

 

Site Summary

Number of Lots:

Gross Area:

Lot 1

Lot 2

Lot 3

Lot 4

Rights-of-way:

Access Easements

 

Utility Easements:

4

41.44 acres

23.056 acres (1,004,321 SF)

1.695 acres (73,845 SF)

3.140 acres (136,790 SF)

9.798 acres (426,795)

No new right-of-way proposed; vacation of right-of-way includes portions of S. Iowa and Iowa Street frontage road and north half of Armstrong Road along south side of Lot 4.

Access easements are proposed through lots to provide coordinated access via site plan and development plan documents.

Multiple changes are being made to existing and proposed easements including vacation of easements in anticipation of relocation of utilities.

 

 

STAFF REVIEW

 

The subject property is located on the east side of S. Iowa Street and the south side of 33rd Street. The intent of the Final Plat is to reconfigure lots to follow the redevelopment projects associated with the Wal-Mart and Crown Chevrolet/Toyota properties. Lot 1 is the Wal-Mart site, Lot 2 is an out-lot/pad site and Lots 3 and 4 are associated with the Crown Chevrolet/Toyota redevelopment project. The City of Lawrence is also party to the proposed final plat as a property owner of record. The City ownership includes right-of-way to be vacated and two small tracts located in the southwest corner of Lot 4. The ownership of these tracts will be transferred by separate instrument to the developer.

 

Zoning and Land Use

The area within the boundary of the proposed Final Plat is zoned for commercial development and includes both conventional commercial zoning as well as planned commercial zoning. The site plan and development plan reviews have been coordinated by staff and the applicant to assure internal connectivity as appropriate. The subject property is development and will include a series of building remodels, building demolition, and new construction.

 

Easements and Rights-of-Way

In addition to reconfiguration of the existing parcel lines and platted lot lines the proposed Final Plat seeks to modify existing easements and rights-of-way through vacation as well as dedication of new access and utility easements to service the redevelopment project.

 

The portion of right-of-way to be vacated is the north half of Armstrong Road located along the south property line of Lot 4. This right-of-way was originally dedicated as part of the Armstrong’s Subdivision No. 1. The south portion of Armstrong Road does not appear to be dedicated by any recorded plan and may actually be some type of access or right-of-way easement. The proposed plat does not affect the status of the south half of Armstrong Road.

 

The proposed plat also includes the vacation of public right-of-way along S. Iowa Street including the frontage road. As part of the redevelopment project, interior access easements are established to provide internal connection between the various lots and the adjacent street network. This is similar to the actions taken as part of the Pine Ridge Plaza redevelopment project to the north (old K-Mart site) that also vacated the frontage road. The reconfiguration of lots and the vacation of the frontage road allow for access from 33rd Street to be moved to the east farther from the intersection. The access to Iowa Street at 34th Street is maintained. This access however will be reconfigured on the interior of the site to provide a main entrance to both developments along a common access easement through the central part of the subject property.

 

The applicant has been advised that public improvement plans are required for street, sidewalk and utility infrastructure elements. These plans will be required to be submitted and reviewed by both City and in some cases State agencies for compliance. The Traffic Impact Study will be used as the criteria for evaluation of the street public improvements related to the redevelopment of the subject property. Staff recommends that the applicant execute an agreement not to protest formation of a benefit district for street improvements to 33rd Street including geometric improvements for the intersections of the driveways and Iowa Street with 33rd Street.

The subject property abuts Ousdahl Road on the northeast corner. The proposed plat does not include proposed right-of-way for the extension of Ousdahl extended to the south. Future improvement would occur on the abutting property based on the current alignment. Staff recommends the applicant execute an agreement not to protest the formation of a benefit district for future street, sidewalk, and intersection improvements for the future extension.

 

Conformance

The proposed plat complies with the minimum lot area, zoning and subdivision regulations. The subject property includes pending zoning action to publish the zoning changes associated with the proposed redevelopment.

 

Recommendation:  Planning Staff recommends approval of the Final Plat and forwarding of it to the City Commission for acceptance of easements and vacations of rights-of-way, subject to the following conditions:

 

  1. Execution of the following agreements:

               a. Agreement not to protest the formation of a benefit district for street and street intersection improvements for street and sidewalk improvements for 33rd Street and geometric improvements for the intersections of 33rd and S. Iowa Street and the east and west entrance drives from Lot 1 and 33rd Street;

              b. Agreement not to protest the formation of a benefit district for future street and sidewalk improvements for the extension of Ousdahl Road including the intersection of Ousdahl and 33rd Street;

  1. Submission and approval of public improvement plans for all public improvements; 33rd Street, 34th Street, sidewalks, sanitary sewer, municipal water, and storm sewer per approval of the Public Works Department prior to issuance of a building permit;
  2. Execution of a Temporary Utility Agreement;
  3. Provision of the following fees and recording documentation:
    1. Copy of paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds;
    3. Provision of a master street tree plan.