PLANNING COMMISSION REPORT SUMMARY

PUBLIC HEARING ITEM

 

ITEM NO. 8:              PRELIMINARY DEVELOPMENT PLAN FOR AUTO DEALERSHIP; SOUTHWEST CORNER OF 33RD STREET AND IOWA STREET (PGP)

PDP-04-02-04:  Preliminary Development Plan for an auto dealership.  This proposed commercial development contains approximately 0.57 acre.  The property is generally described as being located at the southwest corner of 33rd Street and Iowa Street.  Submitted by Paul Werner Architects, LLC, for Auto Exchange incorporated.

 

STAFF RECOMMENDATION:

 

I. Approval of the following five waivers for the Auto Exchange S.I. Development Plan:

 

  1. Wavier from required 30’ to proposed 15’ for peripheral setback from Iowa Street.
  2. Waiver from required 30’ to proposed 28’ for peripheral setback from 33rd Street.
  3. Waiver from required 30’ to proposed 25’ for peripheral setback from intersection of Iowa Street and 33rd Street.
  4. Waiver from required 30’ to proposed 2’ for peripheral setback from the west side of the property adjacent to an existing planned unit development.
  5. Waiver from required 30’ to proposed 4’ for peripheral setback from the south side of the property adjacent to an existing planned unit development.

 

II. Planning Commission recommendation of approval of the Preliminary Development Plan for Auto Exchange S.I. based upon the findings as identified in the staff report and forwarding the recommendation to the City Commission, subject to the following conditions:

 

  1. Filing of a cross access easement across Lot 3A, Dunigan Subdivision.
  2. Provision of the following revisions to the Preliminary Development Plan:
    1. Note the recorded book and page numbers referenced for the cross access easement from the subject property across the Pizzeria Uno Chicago Bar and Grill property (Lot 3 Dunigan Subdivision).
    2. Graphically show the access easement from the subject property to the public street.
    3. For note no. 16, change 1 space/400 SF to 1 space/200 SF of floor area of commercial use.
    4. Verify sanitary sewer line location and reflect accordingly.
    5. Reflect all utility, sanitary sewer, and access easements (may be separate instrument).
    6. Access to the sanitary sewer main is greater than 15’ through easements. The public sanitary sewer will need to be extended from its actual current location to a point in which the service line can properly access the main.
    7. Provide a trash enclosure area or appropriate trash service note to the approval of the Solid Waste Division.
    8. Provide ADA sidewalk access where the sidewalk crosses the one-way exit lane.
    9. Show the location and identify any waiver(s) granted by the Planning Commission.
    10. Provide a note on the Preliminary Development Plan that states, “The City shall have the right to manage traffic along 33rd Street and should operation and/or safety problems develop in the future the City may construct a median along 33rd Street.”
    11. Show proposed signage on an elevation.
  3. Provision of an Agreement Not to Protest the Formation of a Benefit District for future improvements for 33rd Street and the intersection of 33rd & Iowa Street.
  4. Provision of an executed agreement with the Southern Star Central Gas Company to permit and define type of encroachment over the Gas Pipeline Easement.

 

 

Applicant’s Reason for Request:

A Preliminary Development Plan to allow for the display of vehicles for sale and an accessory sales office building.

 

KEY POINTS

·        The property is unplatted.

·        Setback waivers will need to be granted by the Planning Commission due to the small size of the property.

·        There is an existing access to the property from 33rd Street.

·        Adjacent Final Development Plan and adjacent Final Plat indicate internal access easements to the property.

 

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

 

  • Final Development Plan to be approved by the Planning Commission.
  • Final Plat for Planning Commission approval and City Commission acceptance of easements and public rights-of-way.
  • Recordation of Final Plat and Final Development Plan at Register of Deeds Office.
  • Final Development Plan for Pizzeria Uno Chicago Bar and Grill.
  • Final Plat for Dunigan Subdivision.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING, None.

PUBLIC HEARING ITEM:

 

ITEM NO. 8:              PRELIMINARY DEVELOPMENT PLAN FOR AUTO DEALERSHIP; SOUTHWEST CORNER OF 33RD STREET AND IOWA STREET (PGP)

PDP-04-02-04:  Preliminary Development Plan for an auto dealership.  This proposed commercial development contains approximately 0.57 acre.  The property is generally described as being located at the southwest corner of 33rd Street and Iowa Street.  Submitted by Paul Werner Architects, LLC, for Auto Exchange incorporated.

 

GENERAL INFORMATION

 

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

                                                          Existing retail business building (Wright’s Wallcovering) building to be demolished.

 

Surrounding Zoning and Land Use:             PCD-2 (Planned Commercial Development) District to south and west; Pizzeria Uno Chicago Bar and Grill Restaurant & Parking Lot, Culvers Restaurant/drive-thru and J. C. Penny.

                                                         

                                                          C-5 (Limited Commercial) District to the east; Iowa Street, across Wal-Mart.

 

                                                          PCD-2 (Planned Commercial Development) District to the north; 33rd Street, across McDonalds Restaurant and Target.

 

Reason for Request:                               A Preliminary Development Plan to allow for the display of vehicles for sale and an accessory sales office building.

 

SITE/PROJECT SUMMARY:

 

Unplatted parcel                      Approximate parcel gross dimension of 82’ by 308’.

Gross Area:                            25,037 Square Feet/0.57 acre

Dedicated R-O-W                       3,263 Square Fee/0.07 acre

Proposed Net Area:                  21,774 Square Feet/0.50 acre

Use Group:                            13 – Automobile/vehicle sales

Required Parking                      PCD Section 20-1008(f)(2) requires 1 parking space/200 square feet of floor area of commercial use. Building net floor area = 504 square feet, 3 parking spaces required.

Provided Parking                      4 parking spaces including one handicap accessible parking

                                           space.

 

 

 

Southwest corner of Iowa Street and 33rd Street, March 2003 Aerial

 

 

STAFF ANALYSIS/IDENTIFIED ISSUES

 

Staff has identified the following three issues of concern for a development plan at this specific location.

 

1. ACCESS/TRAFFIC CIRCULATION

 

Access for the property is a primary concern for this project.

 

The existing Wright’s Wallpaper Building located on this property has historically been accessed from 33rd Street. However, as this is the first proposal to redevelop this property to city standards, Public Works recommends eliminating the existing access, based upon traffic safety concerns with an access point in close proximity to the major intersection of Highway 59/S. Iowa Street and 33rd Street. Public Works recommends that access be taken internally from the adjacent property.

 

Pizzeria Uno Chicago Bar and Grill’s parking lot is located immediately south of the applicant’s property. The Final Development Plan for Pizzeria Uno Chicago Bar and Grill included a note: “Wright Property Access, Cross Access Easement location to be determined by City of Lawrence.” The applicant has indicated that they should be able to obtain a cross access agreement with Pizzeria Uno Chicago Bar and Grill.

 

Culver’s Restaurant is located immediately west of the applicant’s property. The Final Development Plan for Culver’s Restaurant [FDP-09-12-01] included a note: “Proposed additional Wright Access Point (to be 25 Feet in Width).” However, the applicant has not been able to obtain an agreement with Culver’s Restaurant.

 

The adjacent Dunigan Subdivision Final Plat (J.C. Penny, Culver’s and Uno Pizzeria properties) and Dunigan Final Development Plan includes the following note: “A cross access easement shall be provided from the excepted tract Book 363, page 681 to 33rd Street at a location to be determined by the City of Lawrence.” <Excepted tract Book 363, page 681 is the current Auto Exchange property>

 

The City of Lawrence is determining that the cross access easement should go south from the Auto Exchange Lot into the Uno Chicago Pizzeria parking lot, west across the Uno Chicago Pizzeria parking lot’s northernmost driveway aisle, and then north on the 36’ wide Dunigan Subdivision access easement to 33rd Street.

 

Planning recognizes that the property can not be required to be landlocked without any access. Internal access should be achieved with the prior access easements through the Uno Chicago Pizzeria Final Development Plan and Dunigan Subdivision Final Plat. Should a challenge to the cross access easements be brought forward by the adjacent property owner(s) and upheld, then the applicant would need to come back to the Planning Commission to discuss and determine requirements for direct two-way access onto 33rd Street, which may have considerations for the construction of a median on 33rd Street.

 

A condition should be required for this Preliminary Development Plan to reflect a book and page reference for the recorded cross access easement on the Final Development Plan with Uno Pizzeria Chicago Bar to the south and with the Dunigan Subdivision Final Plat, 36’ wide private access easement to 33rd Street.

 

The City Engineer, Traffic Engineer, and Transportation Planner are all in agreement that the proposed one-way turning exit onto 33rd Street is too close to the intersection with Iowa Street and will create a problem with exiting vehicles attempting to cross two lanes of traffic to turn north (left turning lane) onto Iowa Street.

 

The proposed Auto Exchange S.I. Preliminary Development Plan shows a one-way exit turning onto 33rd Street. At a minimum, a condition should be required for the applicant to provide “Exit Only, Do Not Enter” signage facing 33rd Street, and “Exit, Right Turn Only” signage facing the Auto Exchange. A condition should also be required for an Agreement Not to Protest a Benefit District for future improvements for 33rd Street and for the intersection of 33rd & Iowa Street.

 

As reflected on the adjacent Dunigan Subdivision Culver’s Restaurant Final Development Plan, the following note should be also be added to the Auto Exchange S.I. Preliminary Development Plan: “The City shall have the right to manage traffic along 33rd Street and should operation and/or safety problems develop in the future the City may construct a median along 33rd Street.” A similar note should be provided on the Final Development Plan and Final Plat when they are submitted for review.

 

2. PERIPHERAL BOUNDARY SETBACKS/LANDSCAPING

 

This property was rezoned from B-2 (General Commercial) to PCD-2 (Planned Commercial Development) in 2001 [Z-04-19-04]. As part of the rezoning of the property, staff noted that a number of waivers would be necessary for any future development of this property.

 

The subject property is located at the southwest corner of Iowa Street and 33rd Street. This property did not participate with the adjacent Planned Commercial Development to the south and west.

 

The Southern Development Plan, indicates that development along the Gateway (South Iowa/Highway 59), shall meet the following standards: be organized; well-planned; project a positive public image of the city; be densely landscaped; and include no exterior storage.

 

Waiver requests for a reduction in the peripheral boundary along 33rd Street and Iowa Street should receive a positive recommendation (as indicated in the zoning staff report), but the remaining reduced peripheral boundary setback areas should include significant landscaping.

 

3. SIGNAGE.

 

The Southern Development Plan, adopted by the City Commission on March 1, 1994 (Resolution No. 5606), included the following four items on signage:

  1. Signs shall be restricted to one building face (side).
  2. Signage on the site (in addition to the building face sign) shall be restricted to monument type signs.
  3. Allow only interior illuminated (or comparable) signs.
  4. These requirements shall apply to existing signage uses along the major transportation corridors (So. Iowa Street and 31st Street) which serve the Southern Development Plan area after a 10 year grace period or the redevelopment of the site, whichever occurs first.

 

With the prominence of this commercial location, signage should be included in an elevation on the Development Plan. The City’s sign ordinance no longer permits pole signs. Placement of any new monument sign must consider sight distance so as not to create an impediment at the intersection.

 

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PRELIMINARY DEVELOPMENT PLAN EVALUATION

 

The proposed Preliminary Development Plan for Auto Exchange has been evaluated based upon findings of fact and conclusions per Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence, requiring the consideration of nine items:

 

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

 

An evaluation of the conformance of this Preliminary Development Plan with the City’s Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.

 

Horizon 2020 and the Southern Development Plan provide general development guidelines for this area. Horizon 2020 provides a specific summary for the North and South Iowa commercial area and states: “In general, development and redevelopment along the Iowa Street segment should emphasize consolidated access, frontage roads, coordinated site planning and design and high quality development. Development signage should be in scale with sites and should complement and not compete with signage of adjoining parcels. Improved landscaping would enhance the visual appeal of the corridor.”

 

With regard to gateways the Plan states: “Utilize the streetscape to establish a character or theme for: special areas, historic districts, activity centers, universities, neighborhoods, or scenic drives and gateways.” [TRANSPORTATION GOALS AND POLICIES: Policy 2.10: Streetscape and Gateways (c)]

 

With regard to gateways the Plan states: “ Utilize the streetscape to establish a character or theme for: special areas, historic districts, activity centers, universities, neighborhoods, or scenic drives and gateways.” [TRANSPORTATION GOALS AND POLICIES: Policy 2.10: Streetscape and Gateways (c)]

 

The Southern Development Plan was written "to address the developmental concerns of growth along the highway corridor and to set forth the necessary policies to guide and manage this development in an orderly, aesthetically pleasing manner, as Highway 59 serves as the Southern Gateway or entrance to the City of Lawrence."  The Southern Development Plan is "guided by the umbrella policies in the city & county's comprehensive plans."

 

 

 

IV.     LANDSCAPING: --

3. Aesthetically pleasing landscaped entry way along 'Gateway' (i.e. S. Iowa Street) shall be required.  Both public and private property owners are responsible for achieving and maintaining this aesthetically pleasing landscaping.

VI.     TRANSPORTATION CORRIDORS: --

1. Sufficient area, outside of the required street rights-of-way, shall be required to provide screening along major (transportation) corridors.  This area shall be restricted in use to providing for: utility needs, berming, and landscaping needs.

2. Development shall enhance ‘Gateways’.

 

Staff Finding - The plan is in general 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 (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;

 

The project requests a reduction in the required 30’ peripheral boundary at one of the major commercial intersections in the city. If the Planning Commission grants the waivers reducing the peripheral boundary, the project should provide significant landscaping within the remaining peripheral areas. Landscaping is included on the development plan.

 

20-1002 (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;

 

There are existing electrical, sanitary sewer and municipal water utilities in the immediate vicinity that are accessible by this site.

 

20-1002 (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;

 

The following access notes are shown on the Preliminary Development Plan.

 

“Cross Access Easement between Dunigan Subdivision Lot 3 & Dunigan Subdivision 2nd Plat Lot 1” and “Cross access easement for Neider Road between Dunigan Subdivision Lot 1, Dunigan Subdivision Lot 3 and Dunigan Subdivision 2nd Plat Lot 1 to 33rd and 34th Street Investors.”

 

Access to the property will be through a cross access easement within the adjoining parking lot to the south, and a cross access easement from this parking lot back through the J.C. Penney’s internal driveway to 33rd Street.  A condition should be required for the Preliminary Development Plan to show a recorded book and page reference from the Register of Deeds for the cross access agreements.

 

In addition, as previously required by the adjacent Dunigan Subdivision Culver’s Restaurant Final Development Plan, the development plan will need to have a note which states, “The City shall have the right to manage traffic along 33rd Street and should operation and/or safety problems develop in the future the City may construct a median along 33rd Street.” A condition should be required for the applicant to provide An Agreement Not to Protest the Formation of a Benefit District for improvements to 33rd Street and to the intersection of 33rd and Iowa Street.

 

20-1002(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 has been revised to be 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 – Note no. 21 states there is approximately 27% common open space provided in this plan. The common open space provided in the Planned Unit Development is included within the peripheral landscaping area.

 

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 – Recorded cross access easement agreements with the Uno Chicago Pizzeria and the J.C. Penney’s internal drive needs to be shown on the Preliminary Development Plan.

 

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 – The plan will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area. The project will install connecting sidewalks along Iowa Street and 33rd Street in front of the property.

 

6.      In what respects the plan is or is not in conformance with the development standards and criteria of this article (Chapter 20).

 

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 Residential Developments are listed in Section 20-1007, “Development Standards - Planned Residential Developments” and in Section 20-1008.5 “Development Standards – Planned Industrial Developments.”

 

Staff has reviewed the revised Preliminary Development Plan with the above requirements.

 

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

 

Staff Finding - Staff has reviewed the revised Preliminary Development Plan with the above requirements.

 

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 has reviewed the revised Preliminary Development Plan with regard to the requirements for a General Planned Unit Development, Planned Commercial Development, and Preliminary Plat Review.

 

Staff Finding – The Preliminary Development Plan, with suggested conditions, has been reviewed against the requirements for a Planned Unit Development.

 

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 that proposes development over a period of years.

 

Staff Finding – The proposed development will not be phased.

 

9.      Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

 

Staff Finding – The Stormwater Engineer is not recommending any condition to be added as part of the approval of the Preliminary Development Plan. A drainage study will not be required for this project because the property is less than ½ acre.

 

 

WAIVERS

 

The applicant is requesting 5 waivers from the requirements of the Planned Commercial Development:

 

  1. Wavier from required 30’ to proposed 15’ for peripheral setback from Iowa Street.
  2. Waiver from required 30’ to proposed 28’ for peripheral setback from 33rd Street.
  3. Waiver from required 30’ to proposed 25’ for peripheral setback from intersection of Iowa Street and 33rd Street.
  4. Waiver from required 30’ to proposed 2’ for peripheral setback from the west side of the property adjacent to an existing planned unit development.
  5. Waiver from required 30’ to proposed 4’ for peripheral setback from the south side of the property adjacent to an existing planned unit development.

 

Recommendation on Waivers:  Planning Staff recommends approval of requested waivers.

 

STAFF RECOMMENDATIONS/CONCLUSION

 

Along with the Preliminary Development Plan, the applicant had submitted a Final Development Plan and a Final Plat. The applicant previously agreed to a deferral of the Final Development Plan and Final Plat to allow for an improved concentration on the issues surrounding the Preliminary Development Plan.

 

Planning Staff recommends the Planning Commission recommendation of approval of the Preliminary Development Plan for Auto Exchange S.I. based upon the findings as identified in the staff report and forwarding the recommendation to the City Commission, subject to the following conditions:

 

  1. Filing of a cross access easement across Lot 3A, Dunigan Subdivision.
  2. Provision of the following revisions to the Preliminary Development Plan:
    1. Note the recorded book and page numbers referenced for the cross access easement from the subject property across the Pizzeria Uno Chicago Bar and Grill property (Lot 3 Dunigan Subdivision).
    2. Graphically show the access easement from the subject property to the public street.
    3. For note no. 16, change 1 space/400 SF to 1 space/200 SF of floor area of commercial use.
    4. Verify sanitary sewer line location and reflect accordingly.
    5. Reflect all utility, sanitary sewer, and access easements (may be separate instrument).
    6. Access to the sanitary sewer main is greater than 15’ through easements. The public sanitary sewer will need to be extended from its actual current location to a point in which the service line can properly access the main.
    7. Provide a trash enclosure area or appropriate trash service note to the approval of the Solid Waste Division.
    8. Provide ADA sidewalk access where the sidewalk crosses the one-way exit lane.
    9. Show the location and identify any waiver(s) granted by the Planning Commission.
    10. Provide a note on the Preliminary Development Plan that states, “The City shall have the right to manage traffic along 33rd Street and should operation and/or safety problems develop in the future the City may construct a median along 33rd Street.”
    11. Show proposed signage on an elevation.
  3. Provision of an Agreement Not to Protest the Formation of a Benefit District for future improvements for 33rd Street and the intersection of 33rd & Iowa Street.
  4. Provision of an executed agreement with the Southern Star Central Gas Company to permit and define type of encroachment over the Gas Pipeline Easement.