PUBLIC HEARING ITEM:
ITEM NO. 11A: PCD-2 (WITH RESTRICTIONS) TO PCD-2 (WITH NEW RESTRICTIONS); 1.33 ACRE; SOUTHEAST CORNER OF W. 6TH STREET AND COMET LANE (PGP)
Z-08-33-04: A request to rezone a tract of land approximately 1.33 acre from PCD-2 (with restrictions) (Planned Commercial Development) District to PCD-2 (with revised use restrictions) (Planned Commercial Development) District to include auto sales in an enclosed building. The property is generally described as being located at the southeast corner of W. 6th Street and Comet Lane. Submitted by Landplan Engineering, P.A., for David A. and Lisa L. Rueschhoff, property owners of record.
GENERAL INFORMATION
Reason for Request: to add Automobile Sales to allowable uses in phase C-1A, within the 6th and Monterey Planned Commercial Development, zoned PCD-2 (Planned Commercial Development) District.
I. ZONING AND USE OF PROPERTY NEARBY
Current Zoning and Land Use: PCD-2 (Planned Commercial Development) District; Existing commercial building and parking lot within Phase “C-1A” of the 6th and Monterey Planned Commercial Development.
Surrounding Zoning and Land Use:
Ø North: RM-1 (Multiple-family Residential) District; across W. 6th Street existing duplexes.
Ø East, South, West: PCD-2 (Planned Commercial Development) District, 6th & Monterey PCD - Mini-Storage to the east, 3 Story Apartment Complex to the south, Comet Lane and existing Stone Creek Restaurant to the west.
Ø Southeast: RS-2 (Single-family Residential) District; existing single-family homes.
Staff Finding – The subject property is zoned PDC-2 and is within the 6th and Monterey Planned Commercial Development. Predominant zonings in the area are PCD-2 (Planned Commercial Development), RM-1 (Multiple-family Residential), and RS-2 (Single-family Residential) Districts. The main uses in the area are commercial, multiple and single-family residential.
II. CHARACTER OF THE AREA
The subject property Phase C-1A is approximately 1.33 acre in size and is located at the southeast corner of W. 6th and Comet Lane (3727 W. 6th Street). This Phase was developed in 2002 with a commercial building, parking lot, and detention basin. W. 6th Street/Highway 40 is considered to be a Principal Arterial.
The property is part of the 6th & Monterey Planned Commercial Development which includes mini-storage, 2 apartment complexes, and commercial retail and office buildings.
Staff Finding – The property is within the 6th & Monterey Planned Commercial Development and has been developed with a commercial building, parking lot, and detention basin.
Southeast corner of W. 6th and Comet Lane, March 2003 Aerial
Phase C-1A is highlighted
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding - The subject property is within a PCD-2 district, which is an appropriate zoning district for the commercial type uses in the area.
The previously approved 6th and Monterey Development Plan, Use Restrictions includes the following Use Groups and allowed uses within Phase “C-1A”:
USE GROUP 7. COMMUNITY FACILITIES – PUBLIC UTILITES
(a) May appropriately be located in residential areas to provide education, recreation, health, and other essential services, and
(b) Do not create significant objectionable influences in residential areas.
Art gallery or museum
Church or other place of worship, including student center
Club or lodge, private, except those whose chief Activity is carried on as a business
Health Center, government operated
Library or museum: public or private, open to public without charge
Rehabilitation center for handicapped persons
USE GROUP 9. PROFESSIONAL OFFICES.
Offices for medical, professional and governmental purposes and accessory use, not including retail sales to the public, that are of a nature hat may be located adjacent including retail sales to the public, that are of a nature that may be located adjacent to or combined with residential uses without harmful effects to said residential uses.
1. Medical and Related Offices
2. Professional and Governmental Offices
3. Veterinarian
4. Financial institutions
5. Other Offices
6. Accessory Uses
USE GROUP 11. INNER NEIGHBORHOOD COMMERCIAL USES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.
Bicycle sales, rental or repair
Book store, new or used
Dry cleaning outlet store
Food store, not including 24 hour convenience store
Hair care establishment
Laundry, self-serve
Quick copy center
Restaurant, not including one with drive-up facilities or service to automobiles
Retail bakery
Shoe repair service
Studio for professional work or for teaching of any form of fine areas i.e. Photograph, music, dancing, drama, etc. (Ord. 5658, Sec. VI)
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 transit 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
Bank, savings and loan and trust company
Barber or beauty shop
Bicycle sales, rental, repair
Book sales
Camera or photographic supply sales
Clothing sales
Club or lodge, whose chief activity is carried on as a business
Confectionery store
Drug store
Dry cleaning
Eating place, enclosed, without dancing or entertainment and not providing service in automobiles
Florist shop and greenhouse
Furrier shop, including storage of furs
Garden supplies 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
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
Newsstand
Nursery stock sales
Optical goods, sales
Orthopedic or medical appliance sales
Paint and wall paper sales
Photographic processing
Photographic studio
Post Office
Quick copy or duplicating center Reading room
Sewing machine sales and repair
Shoe repair and sales
Sporting goods sales
Surgical and dental supply sales
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 (Ord. 5658, Sect. VII)
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.
Barber and beauty equipment sales
Blueprint and similar reproduction process
Business machine rental, repair, sales
Caterer
Eating establishment, enclosed, with dancing and entertainment
Free standing automated banking or dispensing facility
Laboratory, medical or dental
Leather Goods, sales and repair
Office equipment and supplies, sales and service, rental and repair
Pet shop
Photostatting
Quick copy or duplicating center
School, commercial or trade, when not involving any danger and fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors
Secretarial Service
Studio for professional work or for the teaching of any form of fine arts, photography, music, drama, etc.
Telephone answering service
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.
Athletic Club
Game arcade, including video games
Physical cultural center and health services including spas, gymnasiums, reducing salons, masseuse, or hot tubs.
Staff Finding – The subject property’s Phase “C-1A” is currently restricted to the uses as identified above.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property is not vacant. According to the development schedule, Phase C-1A was developed in 2002 and contains a commercial building, parking lot and detention basin. The proposed addition to the use allowed will be within a currently vacant portion of the existing commercial building. Two existing surplus parking stalls will be removed and depressed curbs installed to allow for the automobiles to enter and exit the showroom.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Allowing an additional commercial use (Use Group 13, Automotive Sales within a commercial building) within Phase C-1A would not detrimentally affect the nearby commercial property but may create precedence for increasing the commercial uses within the Planned Commercial Development.
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 benefit of 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.
Staff Finding – Allowing additional commercial uses on the petitioner’s property to a more intensive classification will likely increase the value of the petitioner’s property and facilitate the use of the lot.
The application states the sales of the vehicles will be within the existing commercial building. The use restriction should therefore have language excluding the outside display or storage of vehicles for sale.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan does encourage development that is compatible with the surrounding uses.
The plan supports infill development and redevelopment which provides a range of residential, commercial, office, industrial and public uses within these parcels, consistent and compatible with the established land use pattern in surrounding areas.
The rezoning request for additional commercial uses would allow for a larger range of commercial uses on the property.
Staff Finding - The rezoning request is generally in conformance with the Comprehensive Plan, however Horizon 2020 does not anticipate the need for additional retail commercial uses in this area.
STAFF REVIEW
The following information is from the City zoning code concerning Planned Commercial Development Districts:
Per Section 20-1004, the purpose of the Planed Commercial Development Districts (PCD-1 and PCD-2) 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.
Uses permitted in the PCD-2 Development District may include but shall be limited to:
(A) Any use permitted in the PCD-1 Planned Commercial Development District.
(1) Residential dwelling units (attached, detached, or mixed)
(2) Any use permitted in
Use Group 7 – Community Facilities – Public Utilities
Use Group 8 – Temporary Uses
Use Group 9A – Limited Services
Use Group 11 – Inner Neighborhood Commercial Uses
Use Group 12 – Retail Stores – Personal Services
(B) Any use permitted in
Use Group 13 – Automotive Services; Retail Sales; Other
Use Group 14 – Retail-Wholesale Sales and Services
Use Group 15 – Amusement, Recreational and Cultural Facilities
Uses permitted in the Planned Commercial Development Districts shall be subject to and comply with the appropriate special condition requirements set forth for various individual uses in Article 14, Chapter 20 of the Code of the City of Lawrence, unless such special condition requirements are reduced, modified or waived by the Planning Commission as part of the plan approval.
APPLICANT’S REQUEST
The applicant is requesting the following underlined use be included in the allowable uses: (for additional information please refer to the ‘Revised PDP and Rezoning Request’ letter from the applicant that is attached.)
AREA “C-1A” ALLOWABLE USES
USE GROUP 13. AUTOMOTIVE SERVICES; RETAIL SALES; OTHER
Automobile Sales (new and used)* - Phase “C-1A” only
*Excludes automobile service and rental
In Staff’s opinion, the expansion of use to allow for a very limited number of automobiles for retail sale within the interior of the existing commercial building is recommended for approval.
STAFF RECOMMENDATION
Planning Staff recommends approval of the rezoning of Phase C-1A of the 6th & Monterey Planned Commercial Development, from PCD-2 (Planned Commercial Development) District with restrictions to PCD-2(Planned Commercial Development) District with modified restrictions to include the following PCD-2 use, based upon the findings of fact presented in the body of the Staff Report and forwarding the request to the Lawrence City Commission with a recommendation for approval.
AREA “C-1A” ALLOWABLE USES
USE GROUP 13. AUTOMOTIVE SERVICES; RETAIL SALES; OTHER
Automobile Sales (new and used) within a commercial building, Phase “C-1A” only*
*Excludes automobile service and rental and excludes the outside display or storage of vehicles for sale.”