PLANNING COMMISSION REPORT SUMMARY

Regular Agenda -Public Hearing Item

 

PC Staff Report

06/28/06

ITEM No 11B:

PRELIMINARY DEVELOPMENT PLAN FOR PRAIRIE WIND SINGLE FAMILY HOMES; 2620 HASKELL AVENUE (MKM)

 

PDP-05-04-06:  Preliminary Development Plan for Prairie Wind Single Family Homes. This proposed planned residential development contains approximately 3.04 acres and proposes 17 single-family detached homes.  The property is generally described as being located at 2620 Haskell Avenue.  Submitted by Allen Belot for Parnell Investors, L.L.C., contract purchasers and Thervald & Elaine M. Holmes, property owners of record. 

 

STAFF RECOMMENDATION: Planning staff recommends approval of the Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

1.      Provision of a revised Preliminary Development Plan to:

a.      include a statement as to the substance of the covenants pertaining to the maintenance of common areas and grants of easements or other restrictions to be imposed upon the use of the land; buildings and structures, including proposed easements or grants for public utilities;

b.      provide a note that occupancy will occur after the project is completed, or if the homes are to be occupied as they are completed that all public improvements and site improvements must be complete before occupancy may occur;

c.      list the measures to be used during construction for protection of existing trees;

d.      revise General Note No. 10 on the plan to include ‘maintenance of common drives’ as a responsibility of the Homeowner’s Association;

e.      relocate the common open space from the access way to an acceptable location in the interior of the site; revise the amount of common open space in the General Site Summary, if necessary.

f.       show the required ‘Fire Lane’ and ‘No Parking’ signage for a distance of 20’ on both sides of the private access drives at the west end of Ryan Court;

g.      designate responsibility for regulating playtime for the basketball court in the northwest corner and other common play areas with the Neighborhood Association and covenants.

h.      show the right-of-way dimension for Haskell Avenue

i.         show dimensions of individual easements separately; remove any references to combined right-of-way and utility easement.

j.        note that the uses in this PRD are restricted to single-family detached units.

k.      note that the existing water well will be plugged to Kansas Standards; and

l.         provide correct legal description by replacing reference to 88 deg, with 89 deg.

m.   remove utility easement from detention basin

n.      correct the reference in the Landscaping section to read ‘Master Street Tree Plan that will be filed with the Final Plat, rather than ‘has been filed’.

2. Approval of the preserved tree list and protection measures to be employed during construction by the City Landscaping Supervisor.

3.  Revisions to the grading plan, submitted and approved by City Stormwater Engineer, to:

a.      define the drainage area along the south edge of the property so it flows into the area inlet.

b.      define the drainage along the east edge of property so it flows into the detention area;

c.      overflow from the detention area must flow into the street and not directly into the backyard of the property to the east of the detention area.

 

Reason for Request:

Development of a one lot Planned Residential District with 17 single-family residential homes.

 

KEY POINTS

·         This property is unplatted. The Preliminary Development Plan serves as the Preliminary Plat for the property.

·         3 waivers are being requested with this plan, 2 for reduction of the required 35’ peripheral boundary along the north and south boundaries and 1 to allow the development to have direct access to a local street.

·         This property is located in an established residential area with primarily single-family and limited multi-family residences.

 

FACTORS TO CONSIDER

·          Conformance with the purpose and intent of Planned Unit Developments (Section 10-1001).

·          Compliance with Zoning Code.

·          Conformance with Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·          Future submission of a final plat; approval and recording required.

·          Future submission of a Final Development Plan; approval and recording required.

·          Public Improvement Plans submission to City Public Works Department.

·          Recording of covenants governing maintenance of all common space.

·            A rezoning of this area from the RS-2 (Single-Family Residence) District to the PRD-1 (Planned Residential) District (Z-05-12-06) is being considered concurrently with the preliminary development plan.

·            Previous Rezoning Requests:

 Z-09-61-05; RS-1 to RM-D; 3 acres; rezoned to RS-2 using lesser change table. Approved by City Commission January 3, 2006. Ordinance 7957 published January 9, 2006.

 

WAIVERS REQUESTED

3 waivers are being requested with this PRD.

 

The following 2 waivers are requested from Section 20-1007E(2) Periphery boundary requirements:

·         Reduction of the required Periphery Boundary along the entire Northern border of this parcel from 35’ to 25’

·         Reduction of the required Periphery Boundary along a 140’ portion of the southern border of this parcel from 35’ to 30’, as shown.

 

The following waiver is being requested from Section 20-1006 (b) General Development Standards – Planned Unit Developments.

§         allow the PRD to  have direct access to a local street, W 25th Street, rather than a collector or major thoroughfare.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·            None received.

 

 

GENERAL INFORMATION

 

Number of lots:                           1 Lot

Gross Area:                              3.35 Gross Acres

Right-of-Way                               0.76 Acres

Net Residential Area:                   2.59  Net Residential Acres

Number of Residential Structures   17 Single-family Residential Homes

Number of Dwelling Units:            17 Dwelling Units

Maximum Density in PRD-1          7 Dwelling Units/Net Residential Acre

Proposed Density in PRD-1           6.56 Dwelling Units/Net Residential Acre

Common Open Space Required:    0.51 acre (20% of net residential land)

Common Open Space Provided      0.51 acre of open space

Off Street Parking Required           34 spaces  (Parking group 1, 2 spaces/unit)

Off Street Parking Provided           34 spaces

 

Development History: Prairie Wind PRD

 

The property is the remaining portion of a farmstead and has not been platted. The remainder of the farmstead (approximately 17 acres) was platted and rezoned to RS-1 and RM-1 in 1978. A rezoning request from RS-1 to RM-D for the subject property was considered by the Planning Commission in November, 2005.  Neighboring property owners and residents expressed concern over additional duplex development in the area and the corresponding increase in traffic. The staff report recommended rezoning to RS-2 rather than RM-D, using the lesser change table. This rezoning was approved by the Planning Commission and was approved by the City Commission in December, 2005. The staff report suggested an alternative of rezoning to a PRD.  A rezoning request has been proposed at this time to rezone the property from RS-2 to PRD-1.

 

The proposed Preliminary Development Plan for Prairie Wind has been evaluated based upon findings of fact and conclusions per Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence, requiring the consideration of nine items:

 

1)  In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.

 

The development proposes 17 single-family homes to be developed on one lot. The homes and the land beneath them can be owned individually; however, the remaining land and driveways will be under common ownership. The applicant indicated that this may create affordable priced housing. 

 

Horizon 2020 encourages a mixture of housing types, styles and economic levels for new residential and infill developments. Compatible densities and housing types are also encouraged in residential neighborhoods.

 

The density being proposed (6.56 units per net residential acre) is slightly higher than that in the surrounding zoning districts. The RS-2 district allows 6.22 units per acre, the RS-1 district allows 4.36, the RM-D and the RM-1 multi-family districts allow 12.43 units per acre. These areas surround the subject property and are shown on the accompanying graphic. (Figure 1)

 

Horizon 2020 encourages development of neighborhoods in a range of densities to provide a sense of community and to complement and preserve natural features in the area. (page 3-1)  Map 3-2 of Horizon 2020 identifies this area as a ‘very low-density to low-density residential district’.  Horizon 2020 discourages concentrations of high-density, multiple-family infill within neighborhoods in Policy 3.3e, and defines low density residential development as 6 units per acre or less and medium density residential development as 7 to 15 units per acre. (page 5-3)

Natural and environmental features within residential areas should be preserved and protected. Natural vegetation and large mature trees in residential areas add greatly to the appearance of the community as a whole and should be maintained. (Policy 5.1)

 

The Prairie Wind Planned Residential Development will maintain a similar density and land-use (single-family residential) as the surrounding area. The proposed density is between 6 and 7 units per acre, which lies between the defined densities for low and medium residential densities. The housing types shown on the preliminary development plan are compatible with the existing housing stock. The final development plan must indicate that the housing architectural features will be of a sort that the development will blend with the surrounding neighborhood rather than stand apart as a separate unit.   The plan, as conditioned, would preserve natural and environmental features which are significant aesthetic amenities of the area. The large stands of trees and the mature trees located on the site must be preserved to maintain the character of the area.

 

Staff Finding The proposed development is an example of infill development as the surrounding areas are developed residential neighborhoods. The proposed development complies with the general land use provisions found in Horizon 2020. The proposed development plan, as conditioned, will also comply with Horizon 2020 in the creation of a functional and aesthetic living environment.

 

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]

 

The proposed development complies with the four stated objectives for planned unit developments. The density and intensity of use are compatible with Horizon 2020. The proposed development will be served by existing utilities. Any utilities that must be provided will be installed with private financing. Efficient vehicular and pedestrian circulation is provided on site. Sidewalk connections are being provided to the Haskell walk at both the north and south ends of the project.  Access is taken from a local street and is prohibited from the adjacent major arterial street. There are natural features within the boundary of the proposed development that should be preserved with this development.

 

Staff Finding The proposed Preliminary Development Plan is consistent with the Statement of Objectives of Planned Unit Development with the exception of the preservation of natural features (Objective 4). The plan must be revised to note the protective measures to be employed during construction. A waiver must be obtained to allow the development to have direct access to a local street rather than a major thoroughfare or collector.

 

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.

 

The area will consist primarily of common space. Only the homes and the land beneath them will be privately owned. Common open space is defined in the Code as land within the site designated for a Planned Unit Development which is designed and intended for the use and enjoyment of all the residents. Section 20-1006(g) further defines common open space as ‘an open area designed and developed primarily for the use and benefit of the residents of the development for recreation (whether private or public, courts, gardens or parking for open space uses; it shall not include space devoted to streets and parking for residential uses.

 

Staff FindingThe Preliminary Development Plan has marked adequate areas as common open space; however, the portions which lay along the private access drives at the end of Ryan Court are not acceptable. This common open space must be relocated elsewhere on site. The common open space will need to be clearly defined on the site as well as shown on the plan. The plan must be revised to include the maintenance of the common drives as a responsibility of the Homeowners Association. A statement as to the substance of the covenants pertaining to the maintenance of common areas and grants of easements or other restrictions to be imposed upon the use of the land; buildings and structures, including proposed easements or grants for public utilities must be included on the plan. The covenant must be filed with the Douglas County Register of Deeds with the Final Development Plan and a copy provided to the Planning office.

 

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.

 

The Fire Code requires a 50’ radius turn-around at the end of a dead-end street that measures more than 500’ in length. The extension of Ryan Court is less than 500’, so the street design is acceptable with the provision that ‘Fire Lane’ and ‘No Parking’ signs must be placed on both sides of the private access drives for a distance of 20’.  The common open space and the preserved tree cover will further recreation and visual enjoyment.

 

Staff FindingThe proposed Preliminary Development Plan provides vehicular circulation. The plan must be revised to show the required signage on the private access drives.

 

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.

 

The property contains considerable tree cover and much of this must be preserved to maintain the aesthetic character of the area. A basketball court is proposed in the northwest corner on the private access drive. This is near a single-family residence and its use may have an adverse effect on the adjacent property. Playtime for this court and all common play areas should be regulated through the Homeowners Association and covenants.

 

Staff FindingThe removal of the tree cover and the creation of a basketball court near the northern property line may have an adverse effect on adjacent property. The plan must be revised to list the protection strategies to be used during construction. The use of the basketball court must be regulated by the Homeowner’s Association and covenants and this must be noted on the plan.

 

6) In what respects the plan is or is not in conformance with the development standards and criteria of this article. [The general standards are found in Section 20-1006 and Preliminary Development Plan requirements are listed in Section 20-1010]

 

Staff Finding The proposed development plan complies with the applicable requirements of the Zoning Ordinance with two exceptions: access and peripheral boundary.

 

The development plan proposes taking access from a local street rather than a major thoroughfare or collector as required by Code. The proposed peripheral boundary along the northern property line and a portion of the southern property line is less than required by Code. Waivers are being requested with this development plan for these exceptions.

 

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. [This finding refers to Section 20-1005 of the Zoning Ordinance.]

 

Staff Finding Staff has reviewed the Preliminary Development Plan with regard to the requirements for a General Planned Unit Development, Planned Residential Development, and Preliminary Plat Review. It is in compliance with most of the requirements and the items that must be changed have been referred to the applicant.

 

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 that proposes development over a period of years.

 

Staff Finding - No phasing is associated with the proposed development. If occupancy of homes is planned as they are completed, it will be necessary for all public improvements and site improvements to be completed before occupancy. A note to this effect must be placed on the plan.

 

9) Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

 

Staff Finding- The drainage study has been provided to the City Stormwater Engineer for review and was approved with conditions. Revisions must be made to the grading plan to define the drainage along the south edge of the property that flows into the area inlet, and the drainage along the east edge of property so it flows into the detention area. Overflow from the detention area must flow into the street and not directly into the backyard of the property to the east of the detention area. These changes must be made to the grading plan and approved by the City Stormwater Engineer.

 

Staff Review and Conclusion

The proposed Preliminary Development Plan conforms to the land use for this area as stated in the Comprehensive Plan.  

 

The property is located on the east side of Haskell Avenue to the south of 26th Street. This is a residential area with predominately single family homes. There is limited multiple-family development along the northeast and southwest corners of the property. The design of the proposed Planned Unit Development would incorporate single family homes into the area in slightly higher densities than allowed under the current RS-2 zoning (6.56 vs. 6.22 units per acre) but would be in general conformance to the densities recommended in Horizon 2020.

 

There is a farmhouse and outbuildings that are planned to be demolished. There is a windmill which will also be removed. The abandoned water well must be plugged per Kansas standards

 

The property includes mature tree rows along the western and southern property lines and mature trees are located about the property (Figures 2 and 3). The heavy tree cover located on this site is an amenity to the area. One objective of a Planned Unit Development is to promote design flexibility to encourage innovative and imaginative approaches to development which will result in a more efficient, aesthetic, desirable and economic use of land. The use of creative and innovative design in this Planned Unit Development would allow residential development to occur while retaining much of the mature tree cover on site.  The buffers created by the trees along the south and west property lines must be preserved, as much as possible. The existing tree stands and mature trees must be preserved wherever possible. A tree preservation plan must be presented and approved as a condition of approval of this preliminary development plan.

 

Access to the development would be accomplished by the extension of Ryan Court. The extension of Ryan Court will have a 50’ right-of-way as required in Section 21-607.3 of the City Code for roads with marginal access. The road will dead-end, with 2 private access drives extending to the north and south, creating a T.  This road alignment is acceptable, with the Fire/Medical Dept. requirement that 20’ of both sides of the private access roads be marked as ‘Fire Lane’ and ‘No Parking’ to allow emergency equipment room to maneuver.

 

In a PRD-1 zoned area, attached and detached residential units are allowed along with non-residential uses of a religious, cultural, educational and recreational character designed to serve the residents of the PRD and commercial uses to the extent that they are intended to serve primarily the residents of the PRD. A note shall be added to the face of the Prairie Wind PRD plan to restrict the permitted uses to only single-family detached residential units.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

Figure 2.   View of trees along the south property line, 2620 Haskell.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Figure 3.   Tree cover located on the site at 2620 Haskell.