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PLANNING COMMISSION REPORT SUMMARY PUBLIC HEARING ITEM |
PC Staff Report
04/25/05
ITEM NO. 10A: C-5 TO PCD-2; .19ACRES; EAST OF S. IOWA STREET (SLD)
Z-03-18-05: A request to rezone a tract of land approximately .19 acres from C-5 (Commercial) District to PCD-2 (Planned Commercial Development) District. The property is generally described as being located at 3400 & 3434 South Iowa Street. B G Consultants, Inc., for Schnaer Real Estate Ltd. Partnership, contract purchaser, and Wal-Mart Real Estate Business Trust, property owner of record. (This relates to items PF-03-10-05, and FDP-03-03-05.)
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STAFF RECOMMENDATION: Staff recommends approval of Z-03-18-05 a request to rezone .19 acres from C-5 (Limited Commercial) District to PCD-2 (Planned Commercial District) and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning ordinance; and 2. Subject to the following use restrictions as follows: 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. |
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Reason for Request: |
Modification of development plan to reuse existing building in current location. |
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KEY POINT
· Modification of zoning boundary is intended to follow revised lot line for pending commercial redevelopment project. |
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GOLDEN FACTORS TO CONSIDER
CHARACTER OF THE AREA · The subject property is located within an existing commercial area. It is zoned for a variety of commercial uses. CONFORMANCE WITH THE COMPREHENSIVE PLAN · Approval does not alter the intensity of the proposed land uses for the site. The area is currently zoned for commercial land use which will be preserved within the context of the planned unit development. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED
· Revised Final Plat; PF-03-10-05; Wal-Mart Addition #3 · Revised Final Development Plan; FDP-03-03-05; Crown Chevrolet |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
· None received |
Insert Page Map Here
PUBLIC HEARING ITEM:
PC Staff Report
04/25/05
ITEM NO. 10A: C-5 TO PCD-2; .19ACRES; EAST OF S. IOWA STREET (SLD)
Z-03-18-05: A request to rezone a tract of land approximately .19 acres from C-5 (Commercial) District to PCD-2 (Planned Commercial Development) District. The property is generally described as being located at 3400 & 3434 South Iowa Street. B G Consultants, Inc., for Schnaer Real Estate Ltd. Partnership, contract purchaser, and Wal-Mart Real Estate Business Trust, property owner of record. (This relates to items PF-03-10-05, and FDP-03-03-05.)
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GENERAL INFORMATION | |
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Current Zoning and Land Use:
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C-5 (Limited Commercial) District; existing Wal-Mart property. |
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Surrounding Zoning and Land Use: |
C-5 (Limited Commercial) District to the north and east; existing Wal-Mart property.
PCD-2 (Planned Commercial District) to the west and south; Crown Chevrolet redevelopment project; |
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – Surrounding zoning and land use is commercial in nature. The intensity of the land use will not be altered by the change in zoning.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located within an existing commercial area. It is zoned for a variety of commercial uses.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – The subject property is currently zoned for commercial uses. The Wal-Mart and Crown/Chevrolet redevelopment projects, while separate have many overlapping design elements which resulted in a coordinated review of the original project. The proposed request reflects changed in the boundary of ownership and lot lines respective to the two properties. The ultimate intensity of the land use does not alter significantly. The change in ownership boundaries would result in a property with multiple zonings which is not desirable.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is currently part of the Wal-Mart tract. The property has been zoned C-5 (Limited Commercial) District since 1991. A portion of the surrounding area was zoned for commercial uses as part of the original Wal-Mart development project per Z-03-05-91 approved by the Planning Commission in April 1991. The area along Iowa Street to the west was zoned commercially prior to that time. The balance of the Crown parcel was zoned for Planned Commercial Development in 2004 per Z-05-20-04.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – Nearby property will not be detrimentally affected. Approval of the request will allow for a coordinated review of a single parcel with consistent zoning across the lot as part of the development plan.
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
Staff Finding – The gain is to the public efficiency and ability to administer the zoning regulations. No significant benefits to the public health, safety and welfare will result from approval of the request.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Staff Finding – As noted in the discussion approval does not alter the intensity of the proposed land uses for the site. The area is currently zoned for commercial land use which will be preserved within the context of the planned unit development.
STAFF REVIEW
The subject property is part of the overall redevelopment of the Wal-Mart and Crown/Chevrolet projects. The original intent was to remove the building for the Crown auto sales and rebuild in a slightly different location. As the plans have progressed a decision was made to reuse the existing building necessitating a change in the development plan and the boundary of the rear property line. A land “swap” between Crown and Wal-Mart is part of the overall project changes that are reflected in the replat and revised Final Development Plan. The proposed zoning will follow the property lines for the Crown property and result in a single zoning across the affected lot. It should be noted that a very small piece of the Wal-Mart site will have a remaining piece of PCD-2 (Planned Commercial District) zoning. This area is open space on the site plan and is included in the development plan as part of the overall district. The area is also shown on the development plan for context to the surrounding development of the area.
The original zoning for the PCD included use restrictions that should be carried forward to this consideration since it is intended to be one uniform zoning district boundary. Staff recommends that the approval of this rezoning be subject to the use restrictions set out in Z-05-20-05.
The recommendation is also subject to a condition related to recording of a final plat for the subject property. This will assure the lot boundary and the zoning boundary correlate.
PROFESSIONAL STAFF RECOMMENDATION
STAFF RECOMMENDATION: Staff recommends approval of Z-03-18-05 a request to rezone .19 acres from C-5 (Limited Commercial) District to PCD-2 (Planned Commercial District) and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Recording of a final plat prior to publication of the rezoning ordinance; and
2. Subject to the following use restrictions as follows:
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.