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PLANNING COMMISSION REPORT SUMMARY Regular Agenda -Public Hearing Item |
ITEM NO. 12B: PRELIMINARY
DEVELOPMENT PLAN
SUMMARY
PDP-06-05-06:
Preliminary Development Plan for Hanscom-Tappan Addition III.
Approximately .85 acres. The property is located at
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STAFF
RECOMMENDATION: Waivers (PUD’s): The proposed development includes following
requests to reduce required setbacks as follows: 1.
Reduction
of the required side yard from 10’ to 5’ for Phase III of the development,
thus being applicable to the entire PRD. 2.
Reduction
of the peripheral setback from 35’ to 20’ for 3.
Reduction
of required open space to 0. Development Plan: 1.
Provision
of a revised Preliminary Development Plan to include the following changes as
noted by City Staff: a.
Revision
to General notes Number 6 to be removed as not applicable to this development. b.
Provision
of a revised Preliminary Development Plan to restrict occupancy of the homes
to comply with the definition of family applicable to conventional
single-family (RS) districts. c.
Provision
of a revised Preliminary Development Plan to list all waivers associated with
the proposed development. d.
Provision of a note that states “Conformance with
the general architectural character of the surrounding area shall be required
and building elevations shall be provided with the submission of the Final
Development Plan for approval.” 2.
Execution
of an agreement not to protest the formation of a benefit district for future
intersection improvements for |
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Reason for
Request: |
Residential infill development. |
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KEY POINT ·
Proposed
development extends the approved development pattern of the Hanscom-Tappan
area at 15th & Haskell. ·
Previous
development anticipated this property to be redeveloped in the future with
similar pattern. ·
Development
of the property for single-family land is proposed as an infill development ·
Development
request includes yard reductions for interior side yards and peripheral/rear
yard setback reduction. ·
Intersection
of a local street with an arterial street was previously approved through the
surrounding development and is not part of this request. |
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FACTORS TO CONSIDER ·
Infill
residential development within the Brook Creek Neighborhood. ·
Conformance
with the purpose and intent of Planned Unit Developments (Section 10-1001). ·
Waivers
are associated with request for periphery boundary reduction, side yard
reduction, and required open space provisions. |
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ASSOCIATED
CASES/OTHER ACTION REQUIRED ·
PDP-06-05-06;
preliminary development plan concurrent consideration on the July Agenda. ·
Final
Plat to be submitted and approved ·
Public
improvement plans required. |
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PUBLIC COMMENT RECEIVED
PRIOR TO PRINTING None received |
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
RS7 (Single-Dwelling
Residential) District [formerly RS-2 (Single-Family Residence) District];
existing single-family detached home. |
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Surrounding Zoning and Land
Use: |
PUD [Hanscom-Tappan Phase I and Phase II] formerly PRD-1 (Planned
Residential District) to the north, west and south. Hanscom – RS7 (Single-Dwelling
Residential) District [formerly RS-2 (Single-Family Residence) District] to
the east; existing single-family detached homes. |
The proposed development plan is not technically part of the original
development proposal and was and is under a separate ownership from the
original. The site summary provides a comparison and composite of the resulting
pattern of all three developments as a whole. Initial reviews of the
Hanscom-Tappan project anticipated that this subject property would be incorporated
at some point in the future into the overall patterns surrounding it. Only
marginal right-of-way is being dedicated along
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Site Summary: Number
of Lots/units: |
Phase II 13 /13 |
Phase I 29 /29 |
HT-III 6 /6 |
TOTAL 48/48 |
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Gross
Area: |
2.14 acres
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8.02 acres |
.85 acres |
11.02 |
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Right-Of-Way: |
.73 |
2.74 acres |
.05 acres |
3.52 |
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Net Area: |
1.42 |
5.28 acres |
.80 acres |
7.50 |
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Maximum
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14,277
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12,472 |
5,807 |
14,277 |
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Minimum
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5,153 |
4,141 |
6,158 |
4,141 |
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Average
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8,705 |
6,223 |
6,158 |
6303 |
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Proposed Density: |
9.15 du/acre |
5.23du/acre |
7.5 du/acre |
6.40 |
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Open
Space Required at 20%: |
.28 acres |
.89 acres |
.16 acres |
1.33 acres |
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Open Space Provided: |
.27 acres |
1.10 acres |
0% |
1.37 acres |
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Tract A: (Pocket Park) |
.30 acres |
1.06 acres |
NA |
.30 acres |
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Tract C: (Path to Haskell) |
0 |
.03 acres |
NA |
.03 acres |
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Tract D: (RR ROW) |
0 |
.88 acres |
NA |
.88 acres |
STAFF ANALYSIS
The proposed Preliminary Development Plan includes .85 acres for
subdivision into six single-family detached lots and proposes to expand the
boundary of an existing PUD. This is a continuation of an established development
pattern. The total district would result in an area of 11.2 acres and a total
density of 6.4 dwelling units per acre.
The proposed Preliminary Development Plan for 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.
An evaluation of the conformance of this preliminary development plan
with the City's Comprehensive Plan is based on the goals, policies and
recommendations in Horizon 2020. This
application is accompanied by a rezoning request to allow for expansion of the
PRD zoning district. Staff concluded that based on the previous approvals the
continuation and inclusion of the subject property into the previous phases was
appropriate and is consistent with the design of the development that
anticipated such inclusion.
The proposed project is an example of infill development. The proposed
development includes an existing developed residential property. Horizon 2020 supports infill development
over new residential development also noted in the companion report for
rezoning (Z-06-15-06).
The Plan anticipates new development will predominantly be
characterized by low-density development, defined as 6 or few dwelling units
per acre. The proposed zoning district would allow a maximum density of 7
dwelling units per acre [medium-density in Horizon
2020]. The Comprehensive Plan
does not provide a standard for measuring fractions between particular
groupings. The previous phases of the development did not limit the density
other than to establish the building patterns for the development.
A series of goals are provided in Horizon
2020 that address neighborhood conservation. The overall goal is stated as
follows: “The
character and appearance of existing low-density residential neighborhoods
should be protected and improvements made where necessary to maintain the
values of properties and enhance the quality of life” (Residential Neighborhood
Goal 3). This particular section of Horizon 2020 addresses the existing housing stock and related
infrastructure. More specific language addresses the provision of a “variety of compatible housing types”
and that infill development should “conform
to lot size, housing type, scale, and architectural style of the area in which
it is proposed” (Residential Neighborhood Policy 3.3). The proposed
development will retain the existing residential structure within the
development but remove direct access t for that home to
Staff
Finding –The proposed housing for this development is single-family
detached homes on individual lots. The conformance with the general
architectural character of the surrounding area should be made a specific
condition of approval to assure that the compatibility is maintained between
the subject property and the surrounding neighborhood. The proposed development
plan is consistent with the residential recommendations found in Horizon 2020 regarding infill
development and neighborhood concepts.
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:
(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;
The character of the existing surroundings is integral to the
neighborhood. Staff recommends that these defining features are included as
central criteria for evaluation of a new project. The surrounding area includes higher density
residential development on small individual lots and a grid street pattern.
The subject property is located within the Brook Creek Neighborhood.
The Barker and East Lawrence Neighborhoods are also adjacent as the project as
a continuation of the Hanscom Tappan Phase I and Phase II PRD. The original approval included an assessment
of the area and found a range of densities.
The Brook Creek Neighborhood has several areas of single-family detached
homes on lots less than 7,000 SF that result in a density of six to seven
dwelling units per acre. Other areas in the vicinity were found to be in the
(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;
The subject property is currently served with municipal water and
sewer. Public improvement plans will be required to assure that each new
individual lot is provided with appropriate access to utilities. The adjacent
street was constructed and will provide access to the proposed lots and will
allow for the removal of the existing driveway from
(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;
The planned unit development approach allows
for a continuation of small lot residential development. The original design of
the earlier phases was required to provide an option for this subject property
in anticipation of redevelopment and subdivision. The proposed development
maximizes the number of lots proposed with use of a reduction in the peripheral
setback along
A variance was approved as part of Phase II
to allow for the intersection of a local street with an arterial street.
Connectivity with the surrounding neighborhood relies heavily on the use of connected
streets (grid), green space, and public sidewalks to facilitate pedestrian
circulation to and through the site.
(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 land
The subject property is not located within
any historic districts or areas. There is some existing vegetation on the
subject property much of which will be removed as part of the proposed
improvements.
Staff
Finding – The proposed development conforms with the statement of
objectives.
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 unique feature of this phase of the development is that specific
open space is not provided within this six lot development. The applicant is
working with the developer of the original phases to allow for an amendment to
the maintenance agreements to include these properties. Because of the working nature of the open
space agreement a waiver for the reduction of required open space for this
phase is required. Access to open space is available to the subject property
through the existing neighborhood along public streets and sidewalks as well as
pedestrian easements.
Pocket Park – Phases I and II included a total dedication of open space
area within the residential development as a pocket park. The ownership and
maintenance responsibility of this area is established in the agreements and
covenants of the currently Platted Hanscom-Tappan Phase I and Phase II
subdivisions. The interior park area is bounded by street and sidewalk areas
within public right-of-way. The designation a private park will be difficult to
distinguish for residents within the three phases.
Rails-to-trails – Phases I and II included .88 acres along the west
property line (the abandoned railroad right-of-way) as a publicly dedicated
green space serves multiple functions including utility service. This area is
intended as a future public recreation path that will connect the area to
Other open space -- A small area is also provided as open space that
connects the proposed development to the abutting sidewalk system along
Peripheral Boundary -- A peripheral boundary is required around the
perimeter of the entire proposed PRD. This boundary may be reduced by the
Planning Commission when adjacent to another Planned Unit development as
allowed per section 20-1006 (i). Staff concurs with the proposal to reduce the
north, west and south peripheral boundary to 0 as shown on the proposed
Preliminary Development Plan.
Refer to Exhibits A and B
Staff requested the applicant to prepare exhibits that show open space
options for the proposed development.
Option A provides
common open space along
Option B provides a
larger corner lot to accommodate the peripheral setback and a small area at the
west end of the subdivision for open space. The remaining 24’ space is not
large enough for a building lot and does not tie into any other open space
within the development. It also is not quite large enough to meet the required
open space provision as a separate tract. It would be typically recognizable as
a side yard within the development for the abutting lots.
As discussed there are other common open space areas in the immediate
vicinity of the subject property including both private and public spaces. It
was originally anticipated that this property would be amended into and
included with the previous phases to create a seamless development project. The
analysis of the open space options seems to support the reasonableness of the
request to reduce the setback from 35’ to 20’.
As proposed,
Staff
Finding – As proposed the subject property does not comply with the minimum open
space requirements for this phase. The plan provides access to open space areas
within the immediate vicinity and is being considered for inclusion into the
home owners association for interior pocket park for the overall development.
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.
Public utilities can be extended to serve the proposed development. A
small amount of right-of-way is being dedicated for
A roundabout was requested by the Barker Neighborhood for the
intersection of
Staff
Finding –As part of the development public improvements will be required including:
dedication of adjacent right-of-way, installation of water, sewer, and
stormwater facilities. Staff recommends the applicant execute an agreement not
to protest the formation of a benefit district for future intersection
improvements.
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.
Community facility uses are located on the north side of
Traffic will be marginally increased for the area as the result of a
change from a single-family residential lot to a total of 48 lots (six lots in
this immediate phase). However, no
additional traffic improvements to the adjacent streets and intersections are
recommended as a result of this proposed development. The proposed design allows for the Weeks
property to be subdivided in the future and the removal of direct access to
Staff
Finding – The proposed development plans provides a consistent residential
approach to the neighborhood given the physical constraints and isolation of
the property. Traffic will be marginally increased as a result of development. No additional traffic improvements to the
adjacent streets and intersections are recommended as a result of this proposed
development.
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
Commercial Developments are listed in Section 20-1008, "Development
Standards - Planned Commercial Developments".
b)
Preliminary Development Plan requirements are listed in Section
20-1010, "The Preliminary Development Plan".
The proposed development plan identifies minimum submission
requirements and design standards that must be addressed as part of any review.
The plan proposes deviations from the design standards with respect to building
setback from side lot lines and a reduction in the peripheral setback for
The interior setback for individual lots for planned unit developments
is 10’ while conventional side lot setbacks for residential development is only
5’. This is a design standard discrepancy that has been noted and will be
addressed in a future version of the zoning code. The intent for planned
development is to closely mimic conventional development while providing the
flexibility to reduce lot sizes and “cluster” development in a manner that
provides or maintains open space. The Planning Commission is specifically
granted the authority to reduce building setbacks within planned unit
developments.
Staff supports the reduced interior side yard setback from 10’ to 5’ as
it is consistent with conventional development and other approved similar
developments. The proposed Preliminary Development Plan notes that mechanical
equipment is prohibited from being located in the side yards.
Staff
Finding - The
development plan is not in complete conformance with the development standards
and criteria of this article with regard to the proposed waivers; interior
setback reduction, peripheral setback reduction along Haskell Avenue, and
common open space. All other minimum standards are provided.
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 proposed plan complies with the requirements for application for
tentative approval of a PUD with regard to the conformity to the comprehensive
plan land use recommendations regarding infill development and the surrounding
land use pattern and density. The proposed plan facilitates the continued
development pattern along
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 - The proposed development is not a phased development. The public
streets and sidewalks and trunk line service has been installed as a result of
previous development activity.
9)
Stormwater
detention calculations and storage of excess stormwater drainage as per City
Policy.
Staff
Finding –The proposed development has been reviewed by the City Stormwater
Engineer and has been approved.
As noted the proposed development includes only a small dedication of
right-of-way along the east property line for
The proposed development is proposed as a single-family detached
development on individual lots. The Preliminary Development Plan does not
include any building elevations at this time. Staff recommends that these be
provided with the submission of a Final Development Plan and make part of the
final approval. Such elevations shall be consistent with the previously
approved patterns. Staff recommends a note be added to limit the occupancy of
the homes consistent with the single-family definition applicable to the RS
districts.
Waivers (PUD’s)
The proposed development includes two requests to reduce required
setbacks as follows:
1.
Reduction
of the required side yard from 10’ to 5’ for Phase II of the development, thus
being applicable to the entire PRD. As
discussed above, staff concurs with request.
2.
Reduction
of the peripheral setback from 35’ to 20’ for
3.
Approval
of a waiver to not require common open space within this phase of the
development.
Conformance with
the Subdivision Regulations
The Preliminary Development Plan also serves
as a Preliminary Plat. Therefore, the proposed plan was also reviewed with respect
to the minimum design standards found in the subdivision regulations.
Summary:
The focus of the review is the infill nature of the subject property
and the relationship to the previously approved phases of development. Because
of the location, size and proximity to a developed area the project is also
reviewed conceptually as a whole. The proposed development is consistent with
the land use objectives of a planned unit development and the existing
development pattern of the surrounding area.