Public Hearing Item

PLANNING COMMISSION REPORT SUMMARY

ITEM NO. 9: PRELIMINARY DEVELOPMENT PLAN FOR PHASE V, TARGET PCD OUTLOT; 221 W. 31^ST STREET (SLD)

PDP-01-01-05: Preliminary Development Plan request for Phase V, Target PCD Outlot. This proposed planned commercial development is approximately 0.842 acre. The proposed retail property is generally described as being located at 221 W. 31^st Street, on the south side of 31^st Street between Backyard Burger and Steak N Shake. Submitted by Landplan Engineering, P.A., for Steak N Shake, 31^st Commercial LLC, 31-98 Lawrence LLC, Goldberg Family Partnership LP, Dave & Susan Sidor, Dayton Hudson Corporation, Cottonwood, Inc., Marlin Revocable Trust c/o Payless ShoeSource Inc., and Vikar LLC, property owners of record.

STAFF RECOMMENDATION: Planning staff recommends approval of the Revised Preliminary Development Plan for Phase V, Target PCD and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report subject to the following conditions:

Provision of a revised Preliminary Development Plan to show the location of the trash enclosure per staff approval; and
Provision of a revised Preliminary Development Plan to update the site summary information to include the Sidor and Cottonwood tracts amended into the development.

Reason for Request:

To allow for additional commercial development for a pad site within the Target PCD

KEY POINT

Surrounding area is developed with a variety of commercial uses.

FACTORS TO CONSIDER

Conformance with the purpose and intent of Planned Unit Developments (Section 10-1001).

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Final Development Plan and Subdivision Plat to be submitted.

· Public improvements needed for sanitary and storm sewer per Public Works review comments

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

1. No comments

PUBLIC HEARING ITEM:

ITEM NO. 9: PRELIMINARY DEVELOPMENT PLAN FOR PHASE V, TARGET PCD OUTLOT; 221 W. 31^ST STREET (SLD)

A. Summary

Current Zoning and Land Use:

PCD-2 (Planned Commercial District); undeveloped property, former residence incorporated into Target PCD in mid 1990’s

Surrounding Zoning:

PCD-2 (Planned Commercial District) to the east, west and south; existing commercial development. Immediate lot to the south is undeveloped, approved for 15,000 SF building. Property not platted.

C-4 (General Commercial) District to the north; existing commercial development.

Site Summary:

Gross Area:

29 acres total PCD [excluding Sidor/cottonwood lots amended in mid 1990]

36,680 SF Phase V

Total Building

221,862 GSF [161,889]

5,950 GSF [4,462 NSF]

Total parking required:

857 spaces at 200 per NSF

22 spaces at 200 spaces per NSF for Phase V

Total parking provided:

1245 spaces

34 spaces

Open space required:

5.6 acres at 20% for total PCD

7,336 SF at 20%

Total open space provided:

10.7 acres for total PCD

11,468 SF

STAFF ANALYSIS

The proposed Preliminary Development Plan for Phase V Target PCD 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.

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.

Staff Finding – The subject property is zoned for commercial development and is consistent with the land use recommendations described for this area.

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 Development is found in Section 20-1002 of the Zoning Ordinance:

(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 subject property represents one of the last undeveloped parcels within the Target PCD. Access and lot configuration have been dictated by the surrounding development. The proposed plan conforms to the statement of objectives as discussed above.

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 subject property was originally included in a previous phase as a speculative parcel with no detail shown other then the access drive. Total open space for Phase IV A-C was required at .88 acres. Noted in the development schedule, this phase included 1.47 acres for all three out lots. The applicant was asked to revise the development plan to show this parcel separately. The development plan exceeds the minimum required open space as a total PCD and for Phase V individually.

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 – As noted above, the subject property is constrained by the surrounding development pattern. The access to the site is provided via an established access drive along the rear of the lot. A sanitary sewer line is also located along the rear of the property.

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 – There is no residential element within the immediate proximity to the subject property. Thee are no adverse effects anticipated that will result from this development.

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 20-1007, "Development Standards - Planned Residential Developments".

Based on the above analysis, the proposed Preliminary Development Plan adheres to Sections 20-1006 and 20-1007 of the Zoning Ordinance.

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

Staff Finding – The development plan 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 development plan is consistent with the minimum code requirements.

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 is a single development request of a parcel that was amended into the original development. Phasing of this portion of development is not proposed. There is no residential element included within the Target PCD.

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

Staff Finding – The City Stormwater Engineer has reviewed and approved the proposed drainage study. Easements for stormwater facilities will be dedicated when the property is final platted.

Staff Review

The subject property is located on the south side of 31^st Street. It was amended into the Target PCD in the mid 1990’s along with the “Sidor and Cottonwood” parcels located west of Sonic. Land use restrictions for this portion of the development of the development were amended in 2000 to expand uses other than just office uses (Z-05-23-00). The proposed use is identified as a commercial building. The tenant of the building has not been identified. The use is not intended as a restaurant use and does not include drive-through facilities.

The subject property (Phase V) is not yet platted and will be a requirement prior to development of the site. No additional right-of-way has been identified as needed for 31^st Street. Staff noted that the development plan shows the Sidor and Cottonwood lots but does not include them in the site summary. This element is recommended to be revised. Development of the remaining outlots will require a revision to the Preliminary Development Plan in the future. The current drawing shows the existing conditions of the sites.

Additionally, the location of the trash enclosure must be revised. The applicant is meeting with city staff to resolve this element. It is reflected as a condition of approval.

Conclusion

Recommendation: Planning Staff recommends approval of the Preliminary Development Plan for Phase V, Target PCD and forwarding it to the City Commission with a recommendation for approval based on the findings in the body of the staff report subject to the following conditions:

1. Provision of a revised Preliminary Development Plan to show the location of the trash enclosure per staff approval; and

2. Provision of a revised Preliminary Development Plan to update the site summary information to include the Sidor and Cottonwood tracts amended into the development.