PLANNING COMMISSION REPORT

Regular Agenda, Non-Public Hearing Item

PC Staff Report

04/17/06

ITEM NO. 12F:         REVISED PRELIMINARY PLAT FOR MERCATO; NORTH OF                                                  HIGHWAY 40 AND EAST OF K-10 HIGHWAY (PGP)

 

PP-01-02-06:  Revised Preliminary Plat for Mercato.  This proposed residential and commercial development contains approximately 122.65 acres.  The property is generally described as being located north of Highway 40 and east of K-10 Highway.  Submitted by Landplan Engineering, Inc., for Hanover Place, L.C., Oread, L.C., Tanglewood, L.C., Kentucky Place, LC, JDS Kansas, LC, Venture Properties Inc., TAT Land Holding Company, L.C., and Safe Harbour EAT-V, LLC, property owners of record. This item was deferred from the February Planning Commission meeting.

 

The applicant has revised the previous Preliminary Plat submittal [PP-05-10-05]. Planning has assigned the revised submittal a new case file [PP-01-02-06].

 

 

STAFF RECOMMENDATION: Approval of the Preliminary Plat for Mercato, based upon the recommended rezonings and subject to the following conditions:

 

1.      Provision of an agreement not to protest the formation of a Benefit District for improvements to George Williams Way and to Overland Drive.

 

2.      Provision of an agreement not to protest the formation of a Benefit District for the installation and synchronization of traffic control signals for the intersections along W. 6th Street from K-10 to Wakarusa Drive.

 

3.      Provision of the following notes to the Preliminary Plat:

a.      No building permits will be issued until the completion of either George Williams Way or Overland Drive to the subdivision.

b.      Book and page reference for the 60’ of off-site right-of-way dedications for George Williams Way from W. 6th Street to the northern boundary of Mercato will be shown on the Final Plat.

c.      Dedication of George Williams Right-of-Way to be unencumbered (from prior placement of electric transmission lines.)

d.      W. 6th Street/K-10 frontage road and access, south of Overland Drive will be removed by the developer, when Overland Drive is constructed and connects to the K-10 frontage road.

 

4.      Review of proposed off-site dedication of public right-of-way for George Williams Way per the approval of the Director of Legal Services prior to recording of those off-site dedications.

 

5.      Remove the 10’ of Utility Easements in the front of those lots where no water, sanitary sewer, or stormwater lines are proposed per the plat, as the unused easements would needlessly interfere with the placement of Street Trees.

 

6.      Removal of the additional portion of the wastewater/sanitary sewer note which the applicant added that was not indicated by the City Utilities Department, “, or in accordance with alternate solution(s) approved by Public Works.”

7.      Update the Preliminary Plat to reflect zoning label designations approved by the City Commission.

 

 

Applicant’s Reason for Request:

Preliminary Plat on 122.65 acres.

 

KEY POINTS

·        The property is within the Nodal Plan for the intersection of W. 6th Street and Kansas Highway K-10, approved by the City of Lawrence on November 11, 2003  http://www.lawrenceplanning.org/documents/nodalplan6thslt.pdf .

·        The property is within the Northwest Area Plan, approved by the City of Lawrence on January 7, 1996, http://www.lawrenceplanning.org/documents/northwestplan.pdf .

·        The property is basically undeveloped and has not been platted.

·        Preliminary Plat is being submitted in conjunction with rezonings of the agriculturally zoned property and annexation of the northwest portion of the property, and will need to adhere to those approvals as part of this development.

·        George Williams Way does not currently exist on the north side of W. 6th Street.

·        Development of the property will require both on-site and off-site dedications and installation of George Williams Way (north W.6th Street) and Overland Drive to the northern property boundary of Mercato.

·        The applicant is proposing 2 phases of the project; the 1st phase can be built using the existing wastewater pump station. The 2nd phase would need to be delayed until after completion of capital improvements to increase sanitary sewer capacity in accordance with the pending 2006 Northwest Area Update to the Wastewater Master Plan.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

 

  • Annexation [A-01-02-05] was recommended for approval by the Planning Commission in October 2005 subject to conditions. The applicant consented to defer the annexation request to be considered by the City Commission in conjunction with the rezoning and Preliminary Plat requests.
  • Zoning requests [Z-03-(05,06)-06] and Z-01-(10,11,12)-05] for this property would need to be recommended by the Planning Commission and approved by the City Commission.
  • Final Plat to be submitted for Planning Commission approval and City Commission acceptance of easements and public rights-of-way.
  • Final Plat recordation at Register of Deeds Office.
  • Preliminary Development Plan approval for the PCD-2 area by the Planning Commission and City Commission.
  • Final Development Plan approval for the PCD-2 area.
  • Site Plan approvals required for the residence-office and multiple-family residential areas.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

No additional public comment has been received as of the writing of this staff report.

 

 

 

GENERAL INFORMATION

 

Current Zoning and Land Use:                   A (Agricultural) District; One existing single-family house to be removed, agriculture use and undeveloped land.

 

Surrounding Zoning and Land Use:             North – A (Agricultural) District; Agriculture uses and undeveloped land.

 

West – A (Agricultural) District; Kansas Department of Transportation Frontage Road and K-10 Highway.

 

East – A (Agricultural) and Pending RS-2 (Single-Family Residential) and Pending RM-1 (Multiple-Family Residential) Districts; Proposed extension of George Williams Way Arterial, across conditionally approved Single-Family and  Multiple-Family portion of Oregon Trail Preliminary Plat and undeveloped 5.4 acre parcel along W. 6th Street.

 

South – W. 6th Street/U.S. Highway 40; Across W.6th Street, proposed PCD-2 Northgate Commercial Development (AKA Diamondhead).

 

SITE SUMMARY

122.65 Gross Acres

  18.56 Acres Right-of-way

    7.55 Acres Detention Tracts

  96.54 Net Acres

 

 

Zoning    Gross/Net Area  Number of Lots –Proposed Uses__________________

 

RS-2  25.82 Gross Acres    75 Single-Family Lots/Dwelling Units on 16.51 Net Acres.

 

RM-D   7.63 Gross Acres    18 Duplex lots/36 Dwelling Units on 5.57 Net Acres.

 

RM-2  12.77 Gross Acres    One – 11.74 Net Acres Multiple-Family Lot at Maximum of 21.78 DU/acre = Maximum of 255 Multiple-Family Dwelling Units. (Staff recommendation of RM-1 at Maximum of 12.45 Dwelling Units per Acre = Maximum of 146 Multiple-Family Dwelling Units.)

 

RO-1A           31.12 gross acres   6 lots, Residence – Office allowed uses on 22.11 net acres at maximum of 43.56 DU/acre = Maximum of 963 multiple-family Dwelling Units. (Staff recommendation is for RO-2 (Residence-Office) District at maximum of 12.45 DU/acre = Maximum of 275 Dwelling Units.

 

PCD-2            45.31 gross acres   9 lots, Planned Commercial Development Uses on 40.62 net acres. Requires Preliminary Development Plan to be submitted and approved by the Planning Commission and City Commission and would need to conform to CC400 requirements for the W. 6th Street/K-10 Node per Horizon 2020.

 

 

PROPERTY DESCRIPTION

 

The requested 122.65 acre Mercato Preliminary Plat is located on two parcels at the northeast intersection of W. 6th Street (Highway 40) and K-10 Highway. The area is contained within the Nodal Plan for W.6th Street and K-10 Highway that was approved by the City of Lawrence on November 11, 2003.

 

The property is approximately 1,700 to 2,300 feet wide (east to west) by approximately 2,500 feet deep (north to south). The high point of the site is along W. 6th Street. The property along W. 6th Street is nearly 90 feet higher than the northern property line and has varying slopes (overall average slope of less than 4% downwards to the north). A portion of the land has previously been used for agriculture crop production and the remainder of the site has been cleared of trees in anticipation of future development. An existing house is proposed to be removed as part of the development.

 

NORTHWEST AREA PLAN/W. 6th - K-10 NODAL PLAN/REZONINGS

 

On January 7, 1997, the Lawrence City Commission approved the Northwest Area Plan, covering four square miles (Sections 20, 21, 28 and 29). The Northwest Area Plan identified commercial, multiple-family residential, office/multiple-family residential mix, and single-family residential uses for the area contained within the proposed preliminary plat.

 

The W. 6th Street/K-10 study area is anticipated to evolve into one of the more prominent commercial centers of the community. The City Commission required a Nodal Plan to ensure appropriate and compatible future development of the study area. The W. 6th Street/K-10 Nodal Plan was developed as a supplement to the City’s comprehensive plan, Horizon 2020, and the Northwest Area Plan. The primary objective of the Nodal Plan was to provide more specific direction regarding land use recommendations for the W. 6th Street/K-10 study area.

 

On November 11, 2003, the Lawrence City Commission approved the Nodal Plan for the Intersection of W. 6th Street and K-10 Highway. Based upon this Nodal Plan, the northeast corner was approved with approximately 34 acres of commercial, 20 acres of office, 26 acres of medium density residential next to the K-10 Highway and 42 acres of low density residential.

 

Rezoning requests have been submitted and are being considered in conjunction with this application [Z-03-(05,06)-06] and [Z-01-(10,11,12)-05].

 

The development of the property will need to adhere to the approved Nodal Plan, or the applicant will need to present specific information to convince the local governing bodies that a more intense land development of the property would be more appropriate and that sufficient infrastructure improvements would be provided by the project to allow for the additional proposed development.

 

WASTEWATER/SANITARY SEWER

 

The Mercato development consists of 122.65 Gross Acres and is located within the Baldwin Creek-2 (BC-2) Sanitary Sewer Drainage Basin. For Phase 1, the developer is proposing to tie into the existing wastewater/sanitary sewer pump station located at the northeast corner of the proposed Oregon Trail Addition. This existing pump station was constructed using a sanitary sewer benefit district which included the property within Phase 1 of this development. The flow from the pump station is transmitted via a force main, south across W. 6th Street and ties into the Yankee Tank Creek – 2 (YTC-2) Sanitary Sewer Drainage Basin.

 

The City’s Utilities Department has reviewed the Preliminary Plat and submitted wastewater information. The property is located within the BC-2 (Baldwin Creek-2) Sanitary Sewer Drainage Basin. Utilities requested the following note which was placed on the Preliminary Plat. “NOTE: ‘Phase 1’ shown on this Preliminary Plat reflects land uses and land use areas that will not exceed the allotted capacity of existing Pump Station 10 (PS10). ‘Phase 2” reflects full development of the project, after completion of capital improvements to increase sanitary sewer capacity in accordance with the pending ‘2006 Northwest Areas update to the 2003 Wastewater Master Plan.” The applicant included the note, but added an additional ending to the note, “…or in accordance with alternate solution(s) approved by Public Works.” Utilities have stated the additional ending to the note will need to be removed from the Preliminary Plat. Please note: the 2003 Wastewater Master Plan labels the Pump Station as PS10, the city also commonly refers to this Pump Station as PS45.

 

As development beyond the allocated capacity (for this property) of the existing lift station is proposed (identified Phase 2 of this subdivision), then the handling of the excess wastewater capacity will need to comply with the recommendations of the pending 2006 update to the 2003 Wastewater Master Plan, with regard to its collection and treatment. The development of Phase 2 will need to be delayed until the wastewater infrastructure and additional capacity is provided to accommodate the associated sanitary sewer/wastewater flow.

 

This would mean that a Final Plat for Phase 1 could be submitted and approved. Phase 1 may require necessary street improvements beyond utility limitations to provide reasonable vehicular access/accessibility. Timing of the submission of a Final Plat for Phase 2 will need to be coordinated with a pending 2006 Northwest Area update to the 2003 Wastewater Master Plan.

 

Per Section 21-706(d), The approval of any plat requiring connection to the City’s wastewater system is contingent upon the availability and adequacy of the City to provide wastewater services to the area being subdivided. It is the subdivider’s responsibility to ensure their proposed development takes into consideration the City’s long-range plans, studies, reports, and similar documents for wastewater services. Failure to conform to these provisions warrant denial of the subdivision plat.

 

TRANSPORTATION

 

The applicant is proposing to access the property via proposed future extensions of George Williams Way and Overland Drive and streets internal to the plat. Direct access with W. 6th Street (Highway 40) has previously been purchased by Kansas Department of Transportation and is not available.

 

The eastern property line is located at the proposed extension of George Williams Way (minor arterial shown in Transportation 2025) with a 120’ right-of-way being recommended by the City Engineer (60’ from each side). George Williams Way north of W. 6th Street does not currently exist. Right-of-way dedications of George Williams Way would need to be acquired. The 120’ proposed right-of-way is currently encumbered with high voltage electrical transmissions lines, which would need to be relocated as part of this project.

 

Overland Drive is designated on Transportation 2025 as a collector (80’ public right-of-way). Transportation 2025 shows Overland Drive coming into this area from the east and then turning and exiting to the north through the middle portion of this area. The applicant is proposing that Overland Drive continue west through this subdivision and turn north using the K-10 Frontage Road.

 

Along the west side of this plat is KDOT’s frontage road, which currently provides driveway access for several properties located farther to the north. As development occurs, W. 6th Street access for this frontage road is required to be removed with access to be provided by internal streets. KDOT has approved the concept of Overland Drive continuing across the Plat and turning north on the K-10 Frontage Road. The developer will need to remove the W. 6th Street K-10 frontage road and access south of Overland Drive, when Overland Drive is constructed and links up with the K-10 frontage road.

 

Overland Drive would continue following the K-10 frontage road (and be developed in the future as a collector) north of this property to link with the existing N1750 Road. Overland Drive would also tie into a future western extension of Wakarusa Drive.

 

The City may desire the development of a parking lot along a portion of the existing K-10 Frontage Road (with access to Overland Drive) to provide for trailhead parking for the existing pedestrian/bike path located along the east side of K-10.

 

The applicant has provided a Traffic Impact Study and an updated Traffic Impact Study (removing right-in/right-out access with W. 6th and the K-10 frontage road access, south of Overland Drive.)

 

The City’s Transportation Planner has provided the following general comments on the January, 2006 Traffic Impact Study Addendum #2:

1.      Assumptions were revised to reflect comments provided by staff as follows:

a.      No access to W. 6th Street via existing frontage road.

b.      2% heavy vehicles in the traffic mix.

c.      No bypass lanes for proposed roundabout at Overland Drive/George Williams Way.

d.      Added future year (2025) traffic analysis.

2.      Page 1, Revised Impact Analysis for Existing + Build-out:

a.      Concur with consultant analysis and recommendation that traffic signal is warranted at 6th & George Williams Way.

b.      Concur with consultant analysis and recommendation that traffic signal or roundabout is warranted at Overland Drive. & George Williams Way.

3.      Page 12, Impact Assessment for 2025:

a.      Concur with consultant analysis and finding that with proposed street improvements, the W. 6th Street/George Williams Way intersection will function overall at Level Of Service D/E.  Some individual movements will operate at Level Of Service  E or F.

b.      Concur with consultant analysis and finding that a multi-lane roundabout or signal may be needed at George Williams Way/Overland Drive.

c.      Concur that traffic signals should be interconnected (synchronized).

 

 

The following access/street improvement note is shown on the Preliminary Plat:

 

General Note No. 10, “Driveway access onto W. 6th Street, onto George Williams Way, onto Mercato Way, and onto the SLT Frontage Road (north of Overland Drive) is prohibited. Driveway access from single-family and duplex lots onto Overland Drive is prohibited.”

 

 

STORMWATER DRAINAGE

 

The stormwater from this plat is proposed to be collected into stormwater drainage detention basins shown as “Tracts A, B, C, D and E”.  General Note No. 13 states, “Tracts A, B,C, D and E will be privately–owned, dedicated ‘Drainage easements.’ The developer is responsible for establishing ownership and maintenance of same via individual owner maintenance or maintenance by owners association.”

 

The lots adjacent to the drainage easements were revised to show the Minimum Elevations of Building Opening. General Note No. 14 states, “MEBO [Minimum Elevation of Building Opening] Elevations shown on this drawing are preliminary, to be finalized based upon actual filed survey information at time of project engineering. ‘Final’ MEBO’s will be shown on the Final Plat.”

 

 

MUNICIPAL WATER

 

There is an existing water supply line along the north side of W. 6th Street. The plat is proposing to connect into the municipal water system. Per Utilities, the water line extension on Overland Drive will need to connect back to future Queens Road waterline improvements. Water line plans will need to be submitted for approval and signatures from the fire and utility departments, with water lines installed prior to building permits being issued.

 

 

PUBLIC IMPROVEMENTS

 

General Note No. 17 states, “Installation of public improvements to be provided through private financing and/or via benefit district financing, pending City of Lawrence approval.”

 

General Note No. 18 states, “George Williams Way design and construction (including relocation of power poles along the west side of George Williams Way) is anticipated to be financed via benefit district.”

 

The City’s Development Policy, indicates that the City at large shares in the cost of arterial street improvements. The City Commission would need to approve the Formation of a Benefit District for improvements to George Williams Way, north of W. 6th Street. City costs associated with the Benefit District for the George Williams Way arterial will need to be included in the Capital Budget.

 

Public improvement plans need to be submitted to Public Works prior to the filing of a Final Plat at the Register of Deeds Office.

 

CONCLUSION

 

The Mercato project is being phased due to the wastewater infrastructure and capacity currently available. Phase 1 includes the allocated capacity for this development of the existing wastewater/sanitary sewer lift station. Phase 2 would need to be delayed until additional capacity is available in conformance with the pending 2006 update to the 2003 Wastewater Master Plan.

 

Staff recommends approval of the Preliminary Plat for Mercato, subject to the conditions as found at the beginning of this staff report.