PC meeting 07/27/05
ITEM NO. 12: RM-1 TO POD-1; 3.2677 ACRES; EAST OF WAKARUSA DRIVE AND NORTH OF HARVARD ROAD (PGP)
Z-06-43-05: A request to rezone a tract of land approximately 3.2677 acres from RM-1 (Multiple-Family Residential) District to POD-1 (with restrictions) (Planned Office Development) District. The property is generally described as being located east of Wakarusa Drive and north of Harvard Road. Submitted by Peridian Group, Inc., for Mustard Seed Christian Fellowship, property owners of record
STAFF PRESENTATION
Mr. Patterson introduced the item, a rezoning request for a portion of a larger existing RM-1 property for an office use. He described surrounding uses and zonings, including commercial, SF, and a retirement center.
A request for RO zoning for the same property was heard in April and deferred based on concerns regarding office zoning in the new code. O-1 zoning would convert to CO upon adoption of the new code and would allow commercial uses that would expand the 6th & Wakarusa commercial node beyond the limits set by the nodal plan.
The applicant resubmitted for POD-1 zoning at the Commission’s suggestion, including use restrictions to address commercial use concerns.
A Staff memo provided answers to Study Session questions:
· The existing church building is 21,000 square feet
· The current office space vacancy rate is about 1% in Lawrence.
· As a worst case, this proposal would increase the vacancy rate to 11.4-12.5%.
Staff noted that the office vacancy rates were not exclusive to the type of office use that might be placed in this location. Other factors (size, location, etc.) would have to be analyzed for a more accurate reflection of vacancy rates.
APPLICANT PRESENTATION
Pieter Willems, Pastor of Mustard Seed Church, reiterated that the current rezoning request was submitted at the suggestion of the Commission to ensure commercial uses would not be allowed on the property (now or after adoption of the new code).
Pastor Willems responded to questioning that the church was not opposed to the idea of selling the property to another church, but they had been approached by potential buyers that were interested in office space.
PUBLIC HEARING
Joe Herinck, adjacent property owner, asked if the rezoning was requested primarily to increase property value. If this was so, the church was increasing its profits at the expense of other area property owners, who had been “picking up the slack” for the church’s real estate and property taxes for 15 years.
Mr. Herinck also expressed concern about the impact of an office use on Harvard Road & Wakarusa Drive traffic patterns. Mr. Patterson noted that the office use would have different peak traffic hours than the church use, but traffic generation would be similar.
APPLICANT CLOSING COMMENTS
Mike Kenney, Peridian Group, spoke on behalf of the applicant, making several points:
· The existing zoning would allow redevelopment at a much higher density than the proposed zoning.
· “Raw land” would have the same value under either zoning classification. The existing structure determined the value of the property.
· Vacancy rates are meaningless in this situation. Many vacant office spaces do not have a prime location like this property.
· No restaurant or bank use is proposed for the subject area.
STAFF CLOSING COMMENTS
Staff had no additional comments.
COMMISSION DISCUSSION
It was verified that any future use will have to use the existing structure as-is. Any exterior changes to the building or site will require a development plan, a plat and a site plan. Staff added that the existing building was not constructed to current commercial standards and the building would have to pass inspection for whatever use took over the property.
The Commission discussed the uses that would be allowed under the proposed Use Groups 7 & 8. Some felt that a few of the allowed uses were inappropriate for this area and further restrictions would be prudent. The applicant expressed no objection to revising the use restrictions to strike Use Group 8 entirely and section 2 of Use Group 7
Burress thanked the speaker who brought up the tax issue, but said the Commission had no purview over this element.
ACTION TAKEN
Motioned by Lawson, seconded by Ermeling to approve the rezoning of 3.2677 acres from RM-1 to POD-1 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following use restrictions:
USE GROUP 7. COMMUNITY FACILITIES - PUBLIC UTILITIES (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.
1. Community Facilities
· Adaptive reuse of properties listed as a landmark on the Lawrence, State or National Registers of Historic Places or included in the Lawrence or National Register of Historic Districts
· Art gallery or museum
· Cemetery, columbarium, or mausoleum
· Child care center
· Child care home - occupant primary provider
· Child care home - non-occupant primary provider
· Church or other place of worship, including student center
· Club or lodge, private, except those whose chief activity is carried on as
· a business
· Communication Towers
· Community building, public
· Golf course, but not including commercially operated driving range, pitch
· and putt course or miniature golf course
· Halfway house or service-oriented rehabilitation center or residence
· Health center, government operated
· Hospital, general, not including animal
· Institution for children and aged, nonprofit
· Library or museum: public or private, open to public without charge
· Monastery, convent or similar institution of religious training
· Mortuary, funeral parlor, or undertaking establishment
· Nursing home or rest home
· Parish house, nunnery, rectory, etc.
· Park, playground, or playfield, public
· Private recreation facility (exclusive of family swimming pools and swimming pools that are accessory uses to hotels, motels and apartments)
· Rehabilitation center for persons with disabilities
· Sanitarium
· School, public, parochial, or private, non-profit:
o Grades nine and below including kindergarten
o Grades ten and above
· Studio for professional work or for teaching of any form of fine arts (e.g. photography, music, dancing, drama, etc.)
· Swimming pool, accessory
· Theatre, live (if indoors)
2.
Public Utilities
·
Electrical
substation
·
Gas
regulator station
·
Radio or
television transmitter or tower
·
Sewage
disposal plant, private
·
Telephone exchange, but not
including garage, shop, or service
·
Water
filtration plant, pumping station, elevated storage or reservoir
3. Similar Uses
· All 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.
4. Accessory Uses
· (Ord. 6359; Ord. 6382; Ord. 6489)
USE GROUP 8. TEMPORARY
USES
(a)
Uses of a non-residential nature which need to be located in residential areas
on a temporary basis.
(b)
Uses of a commercial nature which are temporary and where in duration, traffic
generation, or intensity, are allowable in residential neighborhoods or as
accessory commercial uses to established commercial operations.
1.
Temporary Uses - Non-residential Nature
·
Automobile parking lot, for special
event
·
Batching
plant, asphaltic or Portland cement, concrete, non-commercial
·
Construction building and/or
yard
·
Earth
moving and excavation; depositing construction materials, clay, earth, gravel,
minerals, rock, sand or stone on the ground
·
Off-street parking and
loading
·
Tract
office
·
All
other temporary 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.
2.
Temporary Uses - Commercial Nature
·
Special
Events
·
Temporary outdoor sales area as an
accessory use to an established commercial operation
·
Licensed
transient merchant's temporary structures as defined in Chapter 6, Article 8, of
the City Code.
·
(Ord.
6698)
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 that may be located adjacent to or combined with residential uses without harmful effects to said residential uses.
1. Medical and Related Offices
· Chiropody, chiropractic, dental, electrology, medical, optical, optometric, osteopathic, including a clinic
2. Ambulatory (Outpatient) Surgery Center
3. Professional and Governmental Offices
· Accounting, architecture, engineering, governmental, insurance sales, law, real estate and sales and brokerage, motion picture studios (enclosed)
4. Veterinarian
· Office and incidental boarding, with no open kennel or yard where animals are confined or exercised
5. Financial Institutions
6. Studio for professional work or for teaching of any form of fine arts (e.g. photography, music, dancing, drama, etc.)
7. Other Offices
· All other offices which (1) are similar to the listed uses in function, traffic-generating capacity, effects on other land uses, and (2) are not included in any other use group.
8. Accessory Uses
· (Ord. 6287; Ord. 6770; Ord. 7047 rev.)
USE GROUP 9A. LIMITED SERVICES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.
1. Bank, savings & loan, and trust company
Dry cleaning outlet store
Freestanding automated banking or dispensing facility
Funeral home, mortuary or undertaking establishment
Laboratory, medical or dental
Loan office
Personnel services
Photographic studio
Post Office branch facility
Professional cleaning services
Radio and television studio
Recording studio
School, commercial or trade, when not involving any danger of fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors
Secretarial service
Studio for professional work or for teaching of any form of fine arts i.e. photograph, music, dancing, drama, etc.
Telephone answering service
2. Accessory Uses
Motion carried unanimously, 7-0,
with Student Commissioner Wright voting in favor.