PUBLIC HEARING ITEM:
ITEM NO. 11: REVISED PRELIMINARY DEVELOPMENT PLAN FOR DELAWARE COMMONS CO-HOUSING; 1210 DELAWARE STREET (JLT)
PDP-12-11-03: A revised Preliminary Development Plan for Delaware Commons co-housing project, to be located east of Delaware Street, between E. 12th and E. 13th Streets. The applicant proposes to reduce the number of dwelling units and parking spaces within the project, which will provide 28 dwelling units on approximately three acres. The plan includes requests for waivers from the perimeter setbacks. Requested by Gastinger Walker Harden Architects, for Delaware Street, LLC, Marci Francisco and Alan Bowes, Tenants to Homeowners, Inc., property owners of record.
Current Zoning & Land Use: PRD-2 (Planned Residential Development) District. The Planned Residential Development is on four contiguous lots and is developed with three single-family residences.
Surrounding Zoning and Land Use RS-2 (Single-Family Residence) District to the north, west, and south; developed with residential uses.
M-2 (General Industrial) District to the east; developed with industrial uses.
Site Summary
Number of Lots: 4
Gross Area: 3.2 acres
Max. Lot Size: 2.15 acres (Lot 3)
Min. Lot Size: 0.25 acres (Lot 2)
Number of Units: Phase I: 23 units:
1 unit, existing single-family residence on Lot 2;
20 single-family (attached) units, co-housing project (new construction) on Lot 3; and
2 units, existing single-family residence (two apartments) on Lot 3.
Phase II: 5 units:
5 units, two-bedroom apartments (new construction) on Lot 1.
28 (Total)
Gross Density: 8.96 units/acre
Unit Mix: Lot 1 – (5) 2-bedroom apartments
Lot 2 – (1) existing single-family unit
Lot 3 – (7) 2-bedroom single-family units, (13) 3-bedroom single-family units
Lot 3 – (2) existing single-family residence, two apartments
Parking Required: 54 off-street parking spaces (including 3 accessible spaces) (1.5 spaces per 2-bedroom
apartment, 2.5 spaces per 3-bedroom apartment and 2 spaces for each single-family unit)
Parking Provided: 54
Total OS Provided: 1.7 acres (75,094 sq. ft.)
Total OS Required: 20% of 3.2 acres = 0.64 acres
Number of phases: Two phases: First phase, construction of 20 single-family (attached) units on Lot 3. Second phase is the construction of five, two-bedroom apartments (duplex and triplex) on Lot 1. Other future phases include the construction of carports over a portion of parking stalls and a future storage shed on Lot 3 and the construction of a two-car, detached garage for the existing single-family house on Lot 2.
REVIEW COMMENTS FROM OTHER DEPARTMENTS
Public Works/Engineering:
1. General Comment: Easements need to be noted. Majority of easements on plan do not correspond with easements recorded on the final plat for Delaware Commons Addition dated April 2003. (Revised)
2. Need public improvement plans for sanitary sewer, storm sewer and sidewalk. (Noted)
3. Proposed sewer (public?) not in right-of-way or utility easement. Along Delaware Street there is a 10’ utility easement per the final plat that is not shown on the submitted development plan. Show 10’ utility easement. (Revised)
4. Along Delaware Street the proposed sidewalk terminates before reaching 13th Street. Show proposed sidewalk connecting with existing sidewalk along Delaware Street. (Revised)
5. Per final plat, a 10’ utility easement exists along the southern property line of Delaware Commons Addition where the addition abuts Grove’s Addition lots. Show 10’ utility easement. (Revised)
6. Per final plat, a 40’ access and utility easement exists at the southern property line of Delaware Commons Addition and 13th Street. The proposed drive that provides access to the parking lot is not in the platted easement. Show 40’ access and utility easement and relocate drive into the easement. (Revised)
7. Proposed storm water sewer at southern property line – there is a potential conflict with storm water, sanitary sewer and fire hydrant. (Revised)
8. Where is existing water line to provide water service to the site? (Revised)
9. Southern trash enclosure note currently reads: “12’ x 12’ enclosure & rear-load dumpster per Sanitation Dept.” Because there are two dumpsters, note should read: “20’ x 12’ x 6’ enclosure and 2 rear-load dumpsters per Sanitation Dept.” For the dumpsters, need bumper blocks or striker board @ 49.5” centered above floor. (Revised)
10. Towards the east property line, the 15’ utility easement recorded with the final plat is not drawn correctly. Show 15’ utility easement. (Revised)
11. “Fema designated…” note. See also FEMA Map #20045C0038C dated November 7, 2001. (Revised)
12. On the eastern side of Lot 2, the 15’ access and utility easement is not identified. Show 15’ access and utility easement. (Revised)
13. The 35’ access and utility easement from the recorded final plat in Lot 1 is identified as a 25’ public access easement. Show 35’ access and utility easement. (Revised)
14. The 10’ public easement from the final plat between lots 1 and 2 is not identified. Show 10’ public easement. (Revised)
15. From the Proposed Legend: Heavy duty pavement totals 8” total asphalt and light duty pavement totals 6” total asphalt. Note the thickness of the concrete pavement. (Revised)
16. Under General Notes: #7 – “Private Drives and Parking Areas…” Note the pavement surface – 5” asphalt full depth? Last sentence of #7 – “All perimeter parking spaces to be 9’ wide and 16.5’ long.” Add “for compact cars.” (Revised)
Traffic Engineering: No comment.
Stormwater Engineering:
Drainage study review comments: The current concept replaces the previous drainage study. The development proposes to construct public storm sewers on 13th Street to connect to the pending City improvements at 13th and Oregon.
Planning document review comments: The site plan dated 12-12-03 meets the specified requirements with the following conditions:
Conditions of approval:
1. Public improvement plans for the storm drainage system within the 13th Street right-of-way must be submitted to the Public Works Department for review prior to release of the plan to the building inspector. (Noted)
2. Add a note to the plan stating that occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete, final inspected and accepted by the Public Works Department. (Noted)
3. Label the size and elevation of all storm sewer pipes, inlets and junctions, both on-site and off-site. Specify that all curb inlets will be constructed per City standard details. (Noted)
4. Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained. (Noted)
5. Per City Code 20-1010 PCD – SP 20-1431, report impervious surfaces in square feet on the face of the site plan in the following format:
Impervious Surface Summary
Lot #
Existing Summary Summary after project completion
Total Buildings # Total Buildings #
Total Pavement # Total Pavement #
Total Impervious # Total Impervious #
Total Pervious # Total Pervious #
Property Area # Property Area #
Neighborhood Resources: No comments received.
Municipal Utilities:
Any required modifications to the existing water lines must be paid for by the developer. Water line front footage fee due for Lot 1 and Lot 3. The Utility Department discourages private water lines or public water lines placed in easements. (Condition of Approval)
Parks/Forestry:
1. Where do utility lines run in relation to existing trees? (Revised)
2. Construction of new sidewalk between 1224 Delaware and Building C is in conflict with existing trees. Move walk or make with pavers. Verify that all proposed sidewalks are not in conflict with existing trees. (Revised)
3. Where do utility lines run in relation to existing trees? Please note. (Revised)
4. The developer will be responsible for planting street trees as the subject parcel is zoned PRD. (Noted)
5. Please show Master Street Tree plan to match landscape plan. (Condition of Approval)
Fire Department:
1. Need a fire hydrant in the drive to the proposed parking lot off of 13th Street. (Revised)
2. Need “No Parking” signs in drives that provide access to proposed parking lots. (Revised)
Police Department: No comment.
Sanitation Department:
Will provide with rear loader dumpster service. The enclosure areas will work, but the trash enclosure off of 12th Street would
work better if moved to the west side of drive. (Noted)
Westar Energy: No comment.
Aquila, Inc: No comments received.
Southern Star Central Gas: No comments received.
Southwestern Bell: No comments received.
Planning Department:
1. Per Section 20-1431, show the location of existing and proposed structures and indicate the number of stories (and
height of buildings), gross floor area, and entrances to all structures. (Revised)
2. Per Section 20-1431, show the proposed location, direction and amount of illumination of proposed lighting
(photometric plan) prior to submittal of final development plan. Additionally, provide information on screening
proposed for the lighting and steps taken to prevent glare. (Condition of Approval)
3. Per Section 20-1431, provide, at a minimum, a north-south and an east-west elevation of the property from the street
right-of-way (property line) at a reasonable scale to illustrate building shape, height, and screening proposed.
(Revised)
4. Per Section 20-1431, if the site plan is for a multiple-family residential structure containing at least four dwelling units,
a note shall appear on the site plan indicating it has been designed to comply with the minimum provisions of the
Final Fair Housing Accessibility Guidelines, 24 CFR, Chapter 1, Subchapter A, Appendix II, of the Fair Housing Act of
1968, as amended. (Ord. 6888) (Revised)
5. Per Section 20-1431, indicate location, height, and material for screening walls and fences. (Revised)
6. Per Section 20-1007, the net residential acreage shall be determined by subtracting from the gross development
acreage the areas set aside for commercial development, public streets, parks and school sites, major drainage
courses, and other areas not retained for the exclusive use and benefit of the residents in the Planned Residential
Development. Architect indicates a gross area of 3.2 acres with 28 dwelling units @ 8.75 units per acre. Does this
information reflect net residential acreage? (Revised)
7. Clarify aspects of the project to be completed in phases, such as completion of development on Lot 1, carports, etc.
(Revised)
8. Clarify use of the proposed Dog Run – hours of operation, expected occupancy, etc. Will pets be kept overnight or
for extended periods during daylight hours? (Revised)
9. Under General Notes: Existing zoning is PRD-2. (Revised)
STAFF REVIEW
The applicant is proposing a total of 28 residential units on approximately 3.2 acres on the east side of Delaware Street between 12th and 13th Streets. Identified as the Delaware Street Commons Planned Residential Development (PRD), the site consists of four lots (Lots 1-4) from the final plat of the Delaware Commons Addition filed in April 2003.
Configuration of Structures
This co-housing development is a unique residential arrangement where housing units are owned individually and all common areas are owned cooperatively. The majority of the development is planned for Lot 3, which will feature 20, single-family attached units in two-story buildings grouped around a community area of walkways and gathering and play areas. A 2,750 s.f. common house will also be constructed on Lot 3. The units are clustered to the west and center of Lot 3 with a pedestrian path through the center of the lot. An existing single-family residence converted to apartments (1 two-bedroom and 1 three-bedroom) is also part of Lot 3.
Lot 2 features an existing single-family residence that will remain single-family. Five two-bedroom apartments (one duplex and one triplex) will be constructed on Lot 1 as part of a Phase II development. Access to Lots 1 and 2 will occur from E. 12th Street. With the exception of a potting shed, no other structures are planned for Lot 4, which also provides access to Lot 3 from E. 13th Street.
Building Design and Layout
Planning Staff has concerns over the massing and architectural detailing of the proposed structures on Lot 3 and their relation to both existing single-family houses in the PRD and existing single-family houses across adjoining streets. The applicant has indicated that the architectural elevations shown on the plan are preliminary and may be revised for the submittal of the final development plan.
Proposed Replat
In addition to the Preliminary Development Plan and in order to provide access off of E. 13th Street to Lot 3 through Lot 4 in a manner that is aesthetically pleasing to the Delaware Commons organization, the applicant is proposing a replat of the Delaware Commons Addition. The replat will combine Lots 3 and 4 into one lot and vacate an existing 40’ access easement along the west lot line of Lot 4. Additionally, Tract “A” from Lot 4 will be added to Lot 4 of Grove’s Addition (lot adjacent to Lot 4) to allow driveway access to the single-family house located on Lot 4 of Grove’s Addition that currently takes access from Lot 4, Delaware Commons Addition. The proposed replat is tentatively scheduled to be heard by the Planning Commission at its April 28, 2004 meeting.
History/Previous Actions
City Commission/Planning Commission:
1999-2000
At its January 19, 1999 meeting, the City Commission approved with conditions a rezoning (Z-10-30-98) from RS-2 to PRD-2 and a Preliminary Development Plan for a portion of the subject property for a 23-unit (density of 11.5 units per acre) multi-family development proposal (Earl Grove’s Village). The rezoning and preliminary development plan included approximately two acres and had frontage only on Delaware Street. The rezoning was conditioned on approval of the specific Preliminary Development Plan for Earl Grove’s Village. This Preliminary Development Plan with its conditions of approval was never completed, and it expired on July 19, 2001 resulting in the rezoning never being published.
2000-2001
A second rezoning request and proposal of a Preliminary Development Plan of the Delaware Commons co-housing project (PDP-10-18-00) was submitted for all of the land shown for Earl Grove’s Village, plus additional property for a total of 3.2 acres. The proposal for 33 units and a total density of 10.3 units per acre was approved by the Planning Commission in December of 2000 and approved by the City Commission in January of 2001. The Preliminary Development Plan expired on July 2, 2002.
2001-2002
On December 10, 2002, the City Commission voted to approve a resubmitted preliminary development plan with a reduction in the number of proposed dwelling units. That plan was approved by the City Commission but expired in December 2003.
2003-2004
The Preliminary Development Plan before the Planning Commission has been further modified from last year’s approval in terms of site layout and design but maintains the count of 28 dwelling units. Additionally, Lots 1 and 2 of the Delaware Street Commons Planned Residential Development have been sold or are under contract. While individually owned, these lots will remain under the conditions of approval placed on the entire planned residential development when the original rezoning occurred.
Board of Zoning Appeals: The BZA approved a variance on February 5, 2004 from the general development standard for Planned Unit Developments that Planned Residential Developments shall have direct access to a major thoroughfare or collector as shown in the city’s comprehensive plan (Sec. 20-1006.b). This granted variance is the same as previously approved by the Board of Zoning Appeals in December 2000 and September 2002. Both of those approvals expired without the issuance of a building permit for the proposed development.
STAFF ANALYSIS
The proposed revised Preliminary Development Plan for Delaware Street Commons PRD has been evaluated based upon the following suggested findings of fact and conclusions outlined in Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence:
1) In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.
In Chapter V, RESIDENTIAL LAND USE, Strategies: Residential Development (pg. 63). Medium-Density Residential Development is described as, “reflecting an overall density of 7 to 15 dwelling units per acre,” and is a “likely choice for cluster development where density can be transferred from the natural area to the remainder of the property to creatively retain natural features which will enhance the overall development.” Furthermore, “Medium-density residential areas are intended to promote a mix of housing types within planned development areas. Medium-density areas should include a mix of single-family detached and attached homes, cluster homes, townhouses and similar housing types, designed and arranged to create compatible and attractive new residential environments.” For locational criteria, Horizon 2020 states, “Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office/commercial areas.” (pg. 64)
Staff Finding -
The Delaware Street Commons Preliminary Development Plan as conditioned is in conformity with the goals, policies and recommendations in Horizon 2020. Medium-density residential use is appropriate as a transitional use between single-family residential and industrial uses. A density of 8.96 units per acre is appropriate and consistent in this location as a transition between the surrounding single-family residential and industrial uses.
2) In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development.
The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance, which reads as follows:
20-1002. Statement of Objectives of Planned Unit Developments. The following goals are adopted as the "Statement of Objectives for Planned Unit Developments":
(1) To promote and permit flexibility that will encourage innovative and imaginative approaches in residential, commercial, and industrial development which will result in a more efficient, aesthetic, desirable and economic use of the land while maintaining density and intensity of use consistent with the adopted Comprehensive Plan for the City;
(2) To promote development within the City that can be conveniently, efficiently and economically served by existing municipal utilities and services or by their logical extension;
(3) To promote design flexibility including placement of buildings, and use of open space, pedestrian and vehicular circulation facilities to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography, size or proximity;
(4) To provide for the preservation of historic or natural features where they are shown to be in the public's best interest including but not limited to such features as: drainageways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures.
Staff Finding - The plan, as conditioned, is consistent with the Statement of Objectives for Planned Unit Developments.
3) The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.
Staff Finding - The common open space in the Planned Residential Development meets the code requirement and the reliability of the proposals for maintenance and conservation of the common open space have been provided and indicated with a note on the face of the plan (condition of approval).
4) Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
Staff Finding - In general, the plan adequately provides control over vehicular traffic, provides adequate green space, and does not impede light, air, recreation and visual enjoyment. The additional traffic generated by the proposed development will take access to the site from E. 12th and 13th Streets, not from Delaware Street.
5) Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.
Staff Finding - The plan anticipated no substantial adverse effects on adjacent property and the development or conservation of the neighborhood area. With an adequate number of parking spaces, the project will not create a parking problem in the neighborhood. Additionally, the applicant has proposed to preserve existing vegetative stands and provide additional screening measures to mitigate the impact of the increased density and parking lot proposed. By providing additional single-family development options, the plan should help to stabilize this older neighborhood.
6) In what respects the plan is or is not in conformance with the development standards and criteria of this article.
a) The general development standards pertaining to all planned unit developments are found in Section 20-1006, "General Development Standards - Planned Unit Developments," of the Zoning Ordinance. Specific development standards for Planned Residential Developments are listed in Section 20-1007, "Development Standards - Planned Residential Developments."
Based on the above analysis, the proposed revised Preliminary Development Plan, as conditioned, generally adheres to Section 20-1006 of the Zoning Ordinance.
b) Preliminary Development Plan requirements are listed in Section 20-1010, "The Preliminary Development Plan."
Based on the above analysis, the proposed revised Preliminary Development Plan, as conditioned, adheres to Section 20-1010 of the Zoning Ordinance.
Staff Finding - The plan, as conditioned, is in conformance with the development standards and criteria of this article.
7) In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development.
Section 20-1005, "Development Standards and Criteria," in the Zoning Ordinance states: (a) A plan that is consistent with (1) the "Statement of Objectives for Planned Unit Development," (2) the adopted Comprehensive Plan of the City, (3) the development standards set out herein, and (4) any specific rules and regulations for Planned Unit Developments adopted from time to time by the Planning Commission and City Commission and placed on public record in the office of the City Clerk shall be deemed to be qualified for tentative approval. No such rules and regulations shall be revised or added to so as to be applicable to a specific proposal for a Planned Unit Development after an application for tentative approval has been filed by the landowner or his or her agents.”
Staff Finding - The preliminary development plan, as conditioned, meets the requirements for tentative approval.
8) The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan which proposes development over a period of years.
Staff Finding - The applicant has indicated that development of Phase I (20 units on Lot 3) shall
begin in the spring of 2004. Phase II (5 units on Lot 1) shall be completed at a later time by the
individual property owner, but tied to the PRD. All common areas and open space for the PRD will be
completed with Phase I.
Waivers Requested
Periphery Setbacks
The applicant has requested a waiver from the requirement of the periphery boundary setback of 35 feet (Sec. 20-1006.i.1) to allow this infill project to maintain the character of existing neighborhood development. Requested periphery setbacks are:
1. A reduction in the periphery setback on the west side of Lots 1, 2 and 3 from 35’ to 25’.
2. A reduction in the periphery setback on the north side of Lot 1 from 35’ to 15’.
3. A reduction in the periphery setback on the east side of Lot 1 from 35’ to 10’.
4. A reduction in the periphery setback on the east side of Lot 2 from 35’ to 15’.
5. A reduction in the periphery setback on the north and east sides of Lot 3 from 35’ to 10’.
6. A reduction in the periphery setback on the south side of Lot 3 from 35’ to 25’.
7. A reduction in the periphery setback on the east side of Lot 4 from 35’ to 15’.
8. A reduction in the periphery setback on the west side of Lot 4 from 35’ to 10’.
The applicant has provided screening for parking lots on the Preliminary Development Plan and surrounding residences. The Planning Commission has the authority to approve a lesser setback as part of the approval of a planned development.
The proposed periphery setback reductions along Delaware, 12th and 13th Streets are consistent with the streetscapes on properties across these streets. Front yard setbacks along these surrounding properties range from 15’ to 25’. Due to the proximity of the industrial property on the east side of the site, the proposed periphery setback reduction, in staff’s opinion, is not inconsistent with the existing use or detrimental to development on these adjacent properties.
Staff recommends approval of the setback reductions from the 35’ periphery boundary to the setbacks shown on this plan for the following reasons: 1) the project will support infill development; 2) the proposed streetscapes are consistent with the existing streetscapes; 3) the project will serve as a transition use between the industrial uses to the east and the single-family residences to the west; and 4) maintenance of the landscaped areas will be provided by the applicant.
Waiver Recommendations: Planning Staff recommends approval of the proposed periphery setback waiver requests.
Recommendation: Planning Staff recommends approval of the Preliminary Development Plan for Delaware Commons Co-Housing Project based on the findings in the staff report and forwarding to the City Commission, subject to the following conditions:
1. Revise the Preliminary Development Plan to include the following items:
a. Lot dimensions on Final Plat, Delaware Commons Addition are not the same as dimensions shown on page C1.0, Revised Preliminary Site Development Plan. Revised page to show correct lot dimensions and revise all calculations (such as Impervious Surface Summary) to show corrected numbers.
b. Revise the impervious surface summary by lot (for all four lots).
c. Lot 1 has a 105’ west lot line dimension. Revise plan to show 100’ dimension.
d. Provide an open space calculation.
e. Show all parking stall lines/dimensions for proposed parking on Lots 1 and 2. As per Section 20-1205, one of these spaces must be accessible.
f. Show dimensions/existing lot lines for Lot 4.
g. Note on the PDP should indicate that the 40’ easement in the western portion of Lot 4 will be vacated.
h. Correct misspelled words found throughout the plan.
i. Show existing tree adjacent to southern lot line of Lot 2 on all submitted pages.
j. Add a note to the plan that calls for individual water meters to be set at the Delaware Street right-of-way line for service to each of the units with multiple service lines in a single trench provided to each building.
k. Revise plan to show the elimination of 15’ U/E west of proposed parking lot, Lot 3.
l. Add a note to the plan that identifies the addition of a 10’ U/E through the middle of the proposed parking lot (Lots 3 and 4) for sanitary sewer.
m. Provide a continuous evergreen screening hedge between the parking lot on Lot 1 and E. 12th Street.
n. Provide a continuous screening hedge on the west side of the driveway, Lot 3/4.
o. Provide a continuous evergreen screening hedge between the parking lot on Lot 3/4 and E. 13th Street.
p. Provision of a note on the Preliminary Development Plan that states, “The project will remain compatible with the surrounding neighborhood in terms of building massing, orientation, and architectural detail.”
q. Provision of a note on the Preliminary Development Plan that states, “Staff approval of street-facing building elevations, including building massing, orientation, and architectural detail is required prior to filing of the Final Development Plan”.
r. Execute an Agreement Not to Protest a Benefit District for street improvements on Delaware, 12th, and 13th Streets.