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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
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ITEM NO. 1A MU-PD AND RM32 TO MU-PD; 2.52 ACRES; 1101 INDIANA ST AND 1115 INDIANA ST (SLD)
Z-14-00170: Consider a request to rezone approximately 2.52 acres from RM32 (Multi-Family Residential) District and MU- PD (Mixed-Use – Planned Development) District to MU-PD (Mixed- Use- Planned Development) District, located at 1101 and 1115 Indiana St. Submitted by Hartshorne Plunkard Architects on behalf of HERE Kansas LLC, Contract purchaser. Berkley Flats Apartments, LLC and Georgia Bell, property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of the request to rezone approximately 2.52 acres from RM32 (Multi-Dwelling Residential) District to MU-PD (Mixed-Use with PD Overlay) District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval. |
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Reason for Request: |
Applicant’s Response: The Project site rezoning request from RM32 to a Mixed-Use Planned Development District (MU-PD) is consistent with The Oread Neighborhood Plan’s future Land Use and Overlay District two (2). (See attached exhibit H)
Staff’s Response: This application incorporates property located at 1115 Indiana Street (Bell property) into the proposed redevelopment for a mixed-use project including 1101 and 1115 Indiana Street.
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KEY POINTS · Property is developed with existing multi-dwelling use at 1101 Indiana Street and a detached residence at 1115 Indiana Street. · Property is located within Oread Neighborhood. · This request rezones the entire areas including the previously excluded property at 1115 Indiana Street to the same base district, MU (Mixed-Use) District, with a Planned Development overlay. · A revised development plan has been submitted concurrently with this application.
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Z-13-00516; Rezoning RM32 to MU-PD for 1101 Indiana Street only. Per Ordinance No. 8966 · PDP-13-00518; Preliminary Development Plan for mixed-use development. Approved by the Planning Commission on February 24, 2014 and approved by the City Commission on March 11, 2014. · PDP-14-00183; Preliminary Development Plan for mixed-use development concurrent submittal with this rezoning application.
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PLANS AND STUDIES REQURIED · Traffic Study – Not required for rezoning · Downstream Sanitary Sewer Analysis – Not required for rezoning · Drainage Study – Not required for rezoning · Retail Market Study – Not applicable to this request
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ATTACHMENTS C. Oread Neighborhood Plan Land Use Map
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · No communication received regarding proposed zoning to date.
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Project Summary:
Proposed request is for rezoning 2.52 acres from MU-PD (Mixed-Use Planned Development Overlay) District and RM32 to MU-PD (Mixed-Use Planned Development Overlay) District to accommodate a multi-story residential use with ground floor retail uses as a mixed-use development within the Oread Neighborhood. Related to this request is a Preliminary Development Plan. Requests for a district with PD overlay must be submitted concurrently with a development plan for the property.
Approval of this rezoning will replace the recently approved MU-PD with a revised district boundary that includes the original area (1101 Indiana Street) and incorporates property at 1115 Indiana Street.
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: See attached applicant response.
Key features of the plan address “infill development and redevelopment which provides a range of residential, commercial, office, industrial and public uses within these parcels, consistent and compatible with established land use pattern in surrounding areas.” This application represents an opportunity to redevelop an existing high-density residential development with a mixed-use project within an established neighborhood. This request differs from the recently approved rezoning by incorporating property at 1115 Indiana Street.
Additionally, Horizon 2020 encourages a “mix of residential densities that provide a sense of community and to complement and preserve natural features in the area.” This request facilitates a redevelopment of existing high-density residential use with a mixed-use, including high-density residential uses within a compact area of the community. A key component of this project is the residential use.
Additional residential development strategies are included in Chapter 5 of Horizon 2020. These strategies focus on infill development, provision of a mix of uses, types and styles and the provision of appropriate transition zones between low-density residential land uses and more intensive residential development. High-density residential uses reflect an overall density of 16-21 dwelling units per acre and are recommended at locations near high intensity activity areas or near existing high-density residential developments. This property is located within an existing part of the Oread Neighborhood that is zoned for high-density residential uses and, as noted by the applicant in their response, the property is also located adjacent to the University of Kansas football stadium and parking lot along Mississippi Street.
Horizon 2020 supports the development of area and neighborhood plans. This property is located within the Oread Neighborhood Plan, which is discussed later in this report but recommends this area as appropriate for mixed-use development.
Staff Finding – Regardless of the specific project associated with this request, the proposed MU-PD district request is consistent with land use recommendations for this area. Approval of the request will facilitate redevelopment of this property.
2. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
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Current Zoning and Land Use: |
MU-PD (Mixed-use Planned Development Overlay) and RM32 (Multi-Dwelling Residential) District; existing apartment complex with multiple buildings and surface parking – 1101 Indiana Street and existing detached residence at 1115 Indiana Street.
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Surrounding Zoning and Land Use: |
To the North: RM32-PD [Varsity House] (Multi-Dwelling Residential and Planned Development Overlay) District; existing multi-dwelling. Also to the North RM32 (Multi-Dwelling Residential) District; existing 9-unit apartment building (SP-3-11-91).
To the West: U-KU (University of Kansas) main campus including practice fields, stadium, and surface parking lot.
To the South: RM32 (Multi-Dwelling Residential) District; existing mixed residential uses.
To the East: RMG (Multi-Dwelling Greek Housing Residential) District; existing residential uses. RM32 (Multi-Dwelling Residential) District; existing mixed residential uses and PD – [The Oread PCD] Planned Commercial District; existing mixed-use commercial, hotel and residential use. |
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Existing Zoning
Figure 1: Existing Zoning. Subject property highlighted in blue. |
Existing Land Use
Figure 2: Existing Land Use. Subject property highlighted in blue. |
Staff Finding – This property is surrounded by a variety of uses. Residential uses are located to the north, south and east. University facilities are located to the west.
3. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response: The Oread neighborhood is a diverse, eclectic community where people live, work, study, and celebrate life. The neighborhood has tremendous housing variety and small pockets of neighborhood scale commercial areas. The neighborhood’s character has been significantly influenced by its close proximity to both Kansas University and downtown. The extreme topography in the immediate area of the project site adds to both its beauty and uniqueness, and serves as a canvas from which to create an equally unique and aesthetically pleasing infill redevelopment mixed-use project.
The Oread Neighborhood is generally located along the north and east sides of the main University of Kansas Campus. This neighborhood includes a portion of downtown as well as a variety of other non-residential areas. The neighborhood also includes a number of historically listed properties and districts.
The residential density pattern is mapped in the Oread Neighborhood Plan (page 2-4). The subject property is located within one of the high-density residential clusters of the neighborhood.
Staff Finding – The Oread Neighborhood includes a variety of uses located between Downtown to the east and the University to the west.
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
The Oread Neighborhood Plan was adopted by the City Commission in September 2010. The subject property is located within the boundary of the plan. The plan recommends:
· Create overlay districts that establish standards to regulate bulk and mass of structures maintain open space in individually platted lots and regulate parking. (3.1.1.2 C.1.)
· Create an overlay district(s) that provide greater latitude to certain areas (generally most closely adjacent to KU) to develop more densely by allowing increased building heights, etc. (3.1.1.2 C.2.)
The plan establishes areas for mixed-use that include the area south of 11th Street between Mississippi Street and Indiana Street. The proposed request is located within this area. Additionally, the plan recommends multiple overlay districts (refer to map 4-7 of the Oread Plan). This property is located within what is identified as Overlay District No. 2 (High Density). The plan states: “This area is identified as high-density and mixed-use on the future land use map.”
Staff Finding – The proposed Mixed-use Planned Development Overlay District is consistent with the recommended land use plan and policies included in the Oread Neighborhood Plan.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Applicant’s Response: The project’s current zoning of RM32 fails to recognize the site’s strategic proximity to Kansas University, its connectivity to both 11th and Mississippi Streets (collector streets), the surrounding unused existing utility infrastructure capacity, and its ready access to nearby mass transit. The result is an underutilization of a highly visible and strategic site directly across the street from Memorial Stadium, the single biggest tourist attraction on the KU campus. The Oread Neighborhood Plan recognizes this unrealized potential and rectifies the problem with a long-term land use vision of high-density mixed-use redevelopment.
This application includes both the recently approved MU-PD zoning for 1101 Indiana Street and the existing RM32 zoning for property at 1115 Indiana Street. The purpose of this request is to establish a consolidated coherent district for both properties under one ordinance with the same conditions and applicability. There were no conditions for the MU-PD district per Ordinance No. 8966. The original request anticipated redevelopment to surround and exclude property located at 1115 Indiana Street. While this was undesirable, the property owner was at the time unwilling to participate in the redevelopment of the surrounding land at 1101 Indiana Street. Recent negotiations between property owners have resulted in a reversal of the exclusion. The anticipated redevelopment of the area includes both 1101 and 1115 Indiana Street. The current zoning of the RM32 district (1115 Indiana Street) is no longer suitable. The existing MU-PD and concurrent Preliminary Development Plan will be replaced with this rezoning and related development plan.
Approval of the request will facilitate redevelopment and reinvestment in this property and provide non-residential uses at the street level within the proposed project. The addition of the Planned Development Overlay district accommodates requirements related to site-specific details such as height, massing, architectural features and the mix of use within the development. Incorporation of the property at 1115 Indiana Street currently zoned RM32 will facilitate redevelopment of the areas.
Staff Finding – The proposed zoning is better suited for a mixed-use redevelopment of this property and provides a uniform district incorporating both 1101 and 1115 Indiana Street.
6. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The property located at 1115 Indiana has been zoned RM32 since the adoption of the Land Development Code in 2006. Prior to 2006 the property was zoned RD (Residential Dormitory). This property is developed with an existing detached dwelling.
The property located at 1101 Indiana Street was rezoned from RM32 to MU-PD in March 2014. The property was zoned RM32 from 2006 to March 2014. Prior to 2006 the property was zoned RD (Residential Dormitory). The 1985 site plan indicates that some units existed in 1962 and 1964 with a total of 96 units. The traffic study indicates the development includes 102 dwelling units.
Staff Finding – The 1101 Indian Street property is developed with a high-density multi-dwelling use. The property at 1115 Indiana Street is developed with a detached residence. The property has been zoned for high-density residential uses since 1966.
7. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
Applicant’s Response: The requested rezoning of the project site was thoughtfully and comprehensively envisioned by the neighborhood years ago and documented by the Oread Neighborhood Plan. Here @ Kansas is the realization of that vision. The infill redevelopment of an underutilized site as strategically important as this only enhances the nearby properties.
Nearby properties include the University of Kansas to the west, existing multi-dwelling uses on the north side of W. 11th Street and the east side of Indiana Street as well as adjacent to the south property line.
The change in zoning alone does not detrimentally affect nearby property owners. The redevelopment of the site and the addition of residential and non-residential uses in the area may be perceived by some residents and property owners in the area as either a benefit or a detriment. Additionally, on-street parking included as part of the development plan may impact properties to the east and west of the subject. Refer to the staff report for the Preliminary Development Plan for additional discussion about on-street parking. Approval of the request should anticipate redevelopment of the site and an increase in the intensity of use and associated traffic for the immediate area. Appropriate application of development standards to the associated preliminary and final development plans will mitigate impacts.
Staff Finding – Approval of the rezoning will accommodate redevelopment of the existing multi-dwelling use and an existing detached residence and provide an opportunity for non-residential uses within the development.
8. THE GAIN, IF ANY, TO THE public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application
Applicant’s Response: See attached applicant response.
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Approval of this request facilitates redevelopment of an existing urban infill site. The inclusion of the PD overlay accommodates a more rigorous review and the ability to condition specific elements to ensure compatibility with surrounding land uses. Additionally, approval of the MU district facilitates the implementation of the Oread Neighborhood land use plan.
This specific application not only rezones the property at 1101 Indiana Street (previously approved for MU-PD zoning) but incorporates the property at 1115 Indian Street resulting in a uniform district.
Staff Finding – Staff concurs with the applicant that approval of the request facilitates redevelopment of the property and is beneficial to the community.
9. Professional staff recommendation
In addition to the Findings of Fact required per 20-1303 regarding Zoning Map Amendments, specific location criteria must be considered when considering a request for the MU district.
Section 20-1108 states “…To be eligible for rezoning to the Mixed-use District a site proposed for Mixed-Use Development shall be:”
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1. Within one-quarter mile of a Designated Transit Route at the time the rezoning is initiated; and 2. Near or adjacent to the intersection of Arterial streets as per the adopted Major Thoroughfares Map; or 3. Within one-quarter of a mile of university campuses; or 4. Within one-quarter of a mile of downtown, the boundaries of which are described in Chapter 6 of Horizon 2020; or 5. Immediately adjacent to public parks or open space; or 6. An existing nonresidential development proposed for redevelopment.” |
Staff reviewed these location criteria and determined the proposed request meets the criteria listed above. Criteria number 6 is not applicable to this request. This property is developed as an existing multi-dwelling and detached dwelling residential uses.
This application if approved will both implement the Oread Neighborhood Plan by rezoning an area for mixed-use development per the plan and by facilitating redevelopment of an existing single use (high-density residential) property.
CONCLUSION
Staff recommends approval of the proposed zoning.