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PLANNING COMMISSION REPORT PUBLIC HEARING ITEM
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PC Staff Report
ITEM NO 22A: PRD-2 TO PID-1; 3.880 ACRES; WEST OF BOB BILLINGS PARKWAY BETWEEN WAKARUSA AND RESEARCH PARK DRIVE (PGP)
Z-08-50-05: A request to rezone a tract of land approximately 4.950 acres from PRD-2 (Planned Residential Development) District to PID-1 (Planned Industrial Development) District. The property is generally described as being located north of Bob Billings Parkway between Wakarusa Drive and Research Park Drive. Submitted by Landplan Engineering, PA for Oread Development Corporation, property owner of record.
ITEM NO 22B: PRD-2 TO M-1; 3.880 ACRES; WEST OF BOB BILLINGS PARKWAY BETWEEN WAKARUSA AND RESEARCH PARK DRIVE (PGP)
Z-08-51-05: A request to rezone a tract of land approximately 3.880 acres from PRD-2 (Planned Residential Development) District to M-1 (Research Industrial) District. The property is generally described as being located north of Bob Billings Parkway between Wakarusa Drive and Research Park Drive. Submitted by Landplan Engineering, PA for Maybet #1, Hi-Tech Facility Investors, and Bobwhite Meadow LP, property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of rezoning 4.950 acres from the PRD-2 (Planned Residential Development) District back to the previous PID-1 (Planned Industrial Development) District with prior restrictions, and 3.880 acres from PRD-2 (Planned Residential Development District) back to the previous M-1 (Research Industrial) District and forwarding it to the Lawrence City Commissioners with a recommendation for approval based on the findings of fact found in the body of the staff report.
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Reason for Request: |
The Villaniche project has been abandoned and the owners wish to revert to the previous zoning districts. |
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KEY POINT
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GENERAL INFORMATION
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Current Zoning and Land Use: |
PRD-2 (Planned Residential Development) District; Undeveloped vacant portion of Oread West Office Park, a lot to the north and portions of two adjacent lots.
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Surrounding Zoning and Land Use: |
M-1 (Research Industrial) District – to the north and west, Vacant.
M-1 (Research Industrial) District - to the east, Office Buildings.
PID-1 (Planned Industrial Development) & M-1 (Research Industrial) District – to the south, Industrial Research/ Office Buildings
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I. ZONING AND USES OF PROPERTY NEARBY
The subject property is located near the northwest corner of Wakarusa Drive and Bob Billings Parkway and is surrounded to the north, east, south and west by M-1 (Research Industrial) uses and southeast by PID-1 (Planned Industrial Development) District, with vacant industrial lots to the north and west and developed office-research buildings to the east and south. The property is also part of, or adjacent to the Oread West Office Park Planned Industrial Development (PID-1).
Staff Finding - The surrounding zonings and land uses are primarily M-1 (Research Industrial) and PID-1 (Planned Industrial Development) with professional office buildings.
II. CHARACTER OF THE AREA
The approved Preliminary Development Plan for Oread West Office Park PID-1 (13.3 acres) includes 6 two-story and 7 one-story office/research industrial buildings totaling 125,890 square feet and a clock tower. To date, 6 of the 13 office/research buildings (or approximately one-half of the Planned Industrial Development) and the clock tower have been constructed. Seven of the approved 13 commercial building have not yet been developed. The principal uses of the existing 6 buildings within the Oread West Office Park are five professional office buildings and a bank.
The proposed PRD-2 rezoning back to PID-1 request changes back that portion of the Planned Residential Zoning (Villaniche Residential Condominium Lofts) to the original Oread West Office Park PID-1 zoning. Development of the property would then proceed using the prior approved Oread West Office Development Plan.
The proposed PRD-2 rezoning back to M-1 request includes one vacant lot fronting on Research Park Drive (immediately north of the Oread West Office Park) and the rear approximately 135’ of two lots fronting on Wakarusa Drive.
The rezoning requests are one element of part of a much larger area, within the middle of the larger Oread West Research Park development. Some lots within the M-1 (Research Industrial) area have yet to be developed. Of the business and buildings developed in the Oread West Research Park, nearly all are either research uses or professional and medical office buildings.
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Aerial at 15th & Wakarusa Drive, February 2003, 1:6,000 With prior PID-1 & M-1 Zonings shown.
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Staff Finding - The subject property is located near the northwest corner of Wakarusa Drive and Bob Billings Parkway (W. 15th Street). The rezoning request back to PID-1 includes an undeveloped 4.95 acres of the Oread West Office Park Planned Industrial Development.
The rezoning request back to M-1 includes one vacant lot fronting on Research Park Drive and the rear approximately 135’ of two lots fronting on Wakarusa Drive. The proposed rezoning requests are in the center of the portion of Oread West Research Park located north of W. 15th Street.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Applicant’s Response: “Subject property appears suited to current restrictions, yet has remained undeveloped. The proposed zoning requests will allow the property to revert back to the previous zoning districts, districts that have been suitable in the past”.
Appropriateness of continuing the Planned Industrial Development.
The Oread West Office Park was rezoned from M-1 (Research Industrial District) to PID-1 (Planned Industrial District) in November 1994 (Ordinance No. 6600). The City Commission approved the rezoning ordinance with the following use restrictions:
Restrictive uses per the approval of the rezoning (Z-4-14-94) Lots 1 & 2, Oread West #11: Uses in this PID-1 development shall be restricted by the rezoning ordinance, as well as shown on the Preliminary and Final Development Plans, to the following use groups: Use Group 1 – Agriculture - Animal Husbandry; Use Group 2 – Agriculture – Field Crops; Use Group 7 – Community Facilities and Utilities – Residential; Use Group 8 – Temporary Uses; Use Group 9 – Professional Offices, except veterinarian offices; Use Group 10 – Off-Street Parking; and, Use Group 18 – Research and Testing. In addition, the PID shall be limited to not more than 15 percent of the total land area being devoted to financial institutions, law offices, accounting offices, medical offices and architectural offices.
As noted in the 1994 rezoning report, the applicant had requested PID zoning because of constraints placed upon development in the conventional M-1 zoning district. Planned Unit Development zoning, such as this PID-1, allows a property owner to develop private streets within a development and to permit the division and sale of improvements as townhomes or condominiums. This provision in state law provides the ability to sell individual buildings to separate owners, but to retain the drives, off-street parking areas, and open spaces in common ownership.
Section 20-1013 of the Zoning Ordinance required “the establishment of an agency or entity to own, manage and maintain the common open space, open air recreation areas, recreation facilities, non-encroachable areas, private streets and any other area within the development that is to be retained for the exclusive use and benefit of the residents, lessees and owners.” The approved Final Development Plan, which is on file at the Register of Deeds Office, includes a note on the face of the plan which states that “Ownership of buildings will be by individual owner, whose lot will be the actual ground below the building. Ownership of the open space, drives and off-street parking areas is by the Oread West Office Park Owners Association, and is intended for the common uses and enjoyment of the Owner of lots within the Oread West Office Park. Maintenance of these areas will be by the Owners Association. These items are recorded in the ‘Oread Park Declaration of Covenants, Conditions, Restrictions and Dedication of Easements’.”
The townhouse/condominium type of real estate division does not involve review by the Planning Office and is an exemption from the Subdivision Regulations. Based on Zoning Regulations, the development is considered one project governed by the approved development plan without regard to the number of individual property owners involved.
Appropriateness of M-1 Research Industrial
Conversion back to the M-1 (Research Industrial) would be appropriate as the Villaniche Residential Condominium Lofts Project is no longer going forward.
Staff Finding - In staff’s opinion, the property is suitable to the PID-1 (Planned Industrial Development) zoning and M-1 uses to which it has been previously restricted. Given the previous approved Final Development Plan of Oread West Office Park; the multiple ownerships involved in this project; the public improvements in the area; and the surrounding M-1 properties, the subject tracts are suitable for continuation as a Planned Unit Development and research industrial uses.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding -The PID-1 property had previously been zoned Planned Industrial District since 1994. The PID property is not vacant but is approximately one-half built-out with office buildings and a bank.
The M-1 property had previously been zoned M-1 since 1983 and contains one vacant lot and undeveloped portions of two adjacent lots.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Applicant’s Response: “No detriment to nearby property will occur. Proposed zonings are compatible with the surrounding land uses M-1 to the east and the PID-1 Oread West Office Park.”
The rezoning request is for a reversion of PRD-2 (Planned Residential Development) District back to M-1 (Research Industrial) and PID-1 (Planned Industrial Development) District zonings.
Most of the surrounding property is zoned M-1 Research Industrial District.
The M-1 (Research Industrial) District is designed,
(a) to provide an industrial park type environment exclusively for, and conducive to, the development and protection of modern administrative facilities and research institutions, all of a non-objectionable type, and
(b) to protect nearby residential and commercial areas.
The M-1 Research Industrial District has the following permitted use groups: Group 1 – Agriculture – Animal Husbandry, Group 2 – Agriculture – Field Crops, Group 7 Community Facilities – Public Utilities, Group 8 – Temporary Uses, Group 10 – Off street parking, Group 18 – Research and testing.
The Oread West Office Park PID-1 has previously been restricted to the following permitted use groups by the approved development plan: Use Group 1 – Agriculture - Animal Husbandry; Use Group 2 – Agriculture – Field Crops; Use Group 7 – Community Facilities and Utilities – Residential; Use Group 8 – Temporary Uses; Use Group 9 – Professional Offices, except veterinarian offices; Use Group 10 – Off-Street Parking; and, Use Group 18 – Research and Testing. In addition, the PID shall be limited to not more than 15 percent of the total land area being devoted to financial institutions, law offices, accounting offices, medical offices and architectural offices.
Staff Finding - Reversion of the PRD-2 (Planned Residential Development) District back to the prior PID-1 with prior restrictions, and M-1 zoning will allow this area to continue to be developed as was previously approved.
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
Applicant’s Response: “No public gain will occur by denial of the application; no identifiable hardship to individual landowners will occur with approval of this application.”
Staff Finding - The rezonings will restore the property to be able to be used as available industrial research/office uses as originally proposed.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Request: Map 3-2 Future Land Use shows the subject area designated as Office, Research, Industrial, Warehouse and Distribution uses. Chapter Seven – Industrial and Employment Related Land Use – “Recommends continued emphasis on office and research use for this area.”
Staff Finding - The request for reversions of the zoning classifications are consistent with the Land Use Goals and Policies of Horizon 2020.
STAFF REVIEW
The applicant is requesting to restore the prior zonings, within an existing partially developed Planned Industrial Development and adjacent M-1 Research Industrial property. The Oread West Office Park PID was approved in 1994/95 and allowed for specific uses as identified and laid out on the Preliminary and Final Development Plan which was approved by the Planning Commission. Staff believes it would be appropriate to restore the prior zonings as requested.