Memorandum

City of Lawrence

Planning Department

 

 

TO:

David L. Corliss, City Manager

CC:

Diane Stoddard, Assistant City Manager

Casey Toomay, Assistant City Manager

FROM:

Planning Staff

DATE:

November 25, 2014

RE:

HERE @ Kansas project:

a.    A request to revise the Preliminary Development Plan, PDP-14-00183, to meet the parking requirements of the project by employing shared parking via a shared parking agreement between  HERE Kansas, LLC and the University of Kansas sharing 100 spaces on property owned by the University of Kansas and to reduce by 100 spaces the total parking spaces provided on the site of the HERE @ Kansas development (all 100 spaces requested to be removed from onsite are located within the onsite parking structure).

 

b.    A Development and License Agreement related to the construction, maintenance, and operation of parking and other improvements in the rights-of-way of Mississippi Street and Indiana Street.

 

Background

The City Commission approved a preliminary development plan for the redevelopment of property at 1101 and 1115 Indiana Street on July 8, 2018. The approved project included 624 bedrooms, a garage for parking 577 vehicles and ground level retail space on Mississippi Street, 11th Street, and Indiana Street.

 

In September 2014 the applicant requested a reduction in the off-street parking requirement. Additionally, changes in the building altered the overall building height and resulted in a request by the applicant to the City Commission to consider a parking reduction for the project and for staff to request the City Commission’s affirmation of an interpretation of the overall building height for the building described in the staff memo dated October 9, 2014.  On October 21, 2014 the City Commission did not take action on the applicant’s request for reduced parking but did affirm staff’s interpretation of the building height.

 

Applicant’s Request and Discussion

Per a November 15, 2014 letter, the applicant revised their request to utilize shared parking with the University of Kansas to comply with the parking regulations. Section 20-909 allows the use of shared parking when spaces are located no farther than 600 feet from the main entrance to the buildings or uses and when an agreement is reached between the parties.  The applicant and KU have reached consensus on the substantive points of a draft agreement. Staff provides this exhibit showing the locations of convenient KU parking to the project.  Approving shared parking could accommodate the removal of 100 spaces from the garage.

 

The developer has stipulated that the non-residential portion of the request is proposed to be predominately accommodated through on-street parking. The number of required parking spaces for the non-residential portion of the development will vary depending on the specific tenant uses. The number of on-street spaces to be provided is a function of the public improvement plans.

 

This request differs from the previous request for reduced parking by including a shared parking agreement with the University of Kansas (KU). Any unmet residential parking onsite would be accommodated by requiring tenants to purchase a KU parking pass if they declare that they have a vehicle. Tenants that bring a vehicle to the development will be required to purchase a space in the project’s garage or purchase a KU parking permit per all the rules and policies of that system.  See applicant’s letter and the agreement for details of this proposal.

 

While this request is feasible given the proximity to the University and that this is essentially a student housing development, there are several policy issues associated with this agreement including the following:

 

1.    Enforceability – Included in the agreement is a requirement to report to the city the effectiveness of the parking program to ensure compliance with the parking standards of the code.  It may be challenging to implement this program given all the entities involved.  High levels of coordination will be required to ensure it is being implemented correctly.

2.    Precedent – This is a large, mixed-use development adjacent to the university.  While it may be feasible to employ shared parking for this specific development project, staff has concern for future requests that do not share the specific facts of this project.

3.    Unknown development of KU that may affect parking lots convenient to the Here project – a surface lot and garage are convenient to the subject project and lots farther away may serve as long term parking for tenants of the project.  One concern is the unknown future of KU’s parking lot program and its effect on this project.  At this time, KU does not anticipate changes that would negatively impact the project.

 

Development and License Agreement

A separate agreement addressing the construction, maintenance, and operation of parking and other improvements including parking meters in the rights-of-way of Mississippi Street and Indiana Street is also part of this development application. A draft of the agreement between the City, University of Kansas, and the applicant is attached and sets forth the following primary responsibilities:

 

1.    HERE will construct the parking, sidewalk and other improvements shown on this exhibit, which is conceptual and not actual public improvement plans.

2.    HERE will bear the cost of maintaining the parking in good condition, including snow removal.

3.    The City will obtain any temporary construction easements necessary to construct the improvements.

4.    KU has the right to use certain spaces during certain times and dates for all football games and for three additional events per year, at KU’s discretion.

5.    Four times annually, for a period of 3 consecutive days, HERE has exclusive right to the spaces to accommodate move-in/move-out.

6.    The City shall regulate and control parking through a metered system under certain parameters outlined in the agreement, though the parties may agree to allow KU to enforce parking controls at these locations.

 

Action

Staff appreciates the factors associated with the parking and believes there is merit to reduce onsite parking by way of sharing parking given the factors already discussed. Future requests to employ such sharing will need to be reviewed against the specifics of the request - size of the project, tenant demographics, proximity to the University, etc. Approving this request should not and does not set a precedent for future projects.

 

Recommendation:

A.    Staff recommends approval of the request to reduce the number of spaces in the garage by 100 parking spaces by sharing 100 parking spaces with the University of Kansas subject to the following conditions:

 

1.    Execution of a shared parking agreement between the applicant and the University of Kansas prior to building permits being issued.

 

B.    Staff recommends the City Commission direct staff to execute the Development and License Agreement related to improvements in Mississippi Street and Indiana Street upon final review and acceptance of the agreement by the City Attorney’s Office.

 

Note: All agreements are accurate as to the agreed upon concepts but are under legal review by the parties and are not yet final.

 

 

 

 

Here Project

Off-Street Parking Summary

Residential Parking Required

Residential Use Required Parking

 

Residential at 1/bedroom  = 624 spaces

Guest at 1/10 units (172 units)  = 18 spaces

 

Total spaces required = 642 spaces

 

Non-Residential Parking Required

Non Residential Use Required Parking

 

 

Retail and Restaurant Uses = 78 Spaces

 

Total Parking Required

 

Residential Uses                                                 = +642 [642-37 = 605]

Reduction due to shared pkg and bonus pts           =  -37

Non-residential uses                                            =  +78             

Required Parking                                         Total = 683

 

Parking Proposed

 

Off-Street Parking                                       = 477 spaces (garage)

On-Street Parking Public Improvement Plans = 109 spaces (Indiana Street & Mississippi Street)

Shared Parking                                           =100  spaces (KU Memorial Stadium Parking Lot)

Total Parking Provided per request                = 686 spaces

 

Proposed Bicycle Parking

 

The project includes bike storage for up to 156 spaces within the development to serve residents. This equates to ¼ of the total residents provided with bicycle storage. An additional 50 bike parking spaces are proposed along Mississippi and Indiana Streets. These spaces will serve overflow resident bike parking as well as the non-residential uses of the development.