PLANNING COMMISSION REPORT

CONSENT AGENDA – NON-PUBLIC HEARING ITEM:

 

PC Staff Report

12/18/2006

ITEM NO. 1:   FINAL PLAT FOR VIRGINIA INN ADDITION; 2907 W 6 TH ST (MKM)

 

PF-11-30-06:           Final Plat for Virginia Inn Addition. The two lot Commercial project is located at 2907 W. 6th Street. Submitted by Landplan Engineering, P.A., for Kenny Liu of Virginia Inn, Inc., property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval  of the Final Plat of Virginia Inn and forwarding it to the City Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:

 

1.       Provision of a revised Final Plat with the following changes:

a.      A shared parking agreement, which has been approved by the Director of Legal Services, must be recorded and the Book and Page Number noted on the face of the plat.

b.      Additional right-of-way dedicated along W 6th Street for a total of 50’.

c.      A note added to the plat stating that the previously conforming structure on Lot 1 will encroach into the required front setback as a result of the additional right-of-way being required,  but will not become a non-conforming structure per Section 20-1503 (a) of the Development Code.

d.      List the radius for the existing access drive on W 6th Street.

e.      The Minimum Elevation Building Opening (MEBO) must be listed for Lot 2.

2.       Execution of an encroachment agreement with the City of Lawrence for the parking Lot on Lot 2 which is located in the right-of-way.

3.       Submittal of sidewalk plans for the City Engineer’s approval.

4.       Pinning of the lots in accordance with Section 21-103 of the Subdivision Regulations.

5.       Execution of a Temporary Utility Agreement;

6.       Provision of the following fees and recording documentation:

a.      Recording fees made payable to the Douglas County Register of Deeds;

b.      Provision of a completed Master Street Tree Plan in accordance with Section 21-708.3 of the Subdivision Regulations.

 

 

Applicant’s Reason for Request:    Subdividing property for future resale.

 

KEY POINTS

·         The request is to split one lot into two; however the property has previously been the subject of a lot split so replatting is necessary.

 

 

SUBDIVISION CITATIONS TO CONSIDER

·         Provision of additional right-of-way for W 6th Street will cause the restaurant to encroach into the required front yard setback. This will not create a non-conforming structure per Section 20-1503 (a) of the Development Code.

·         The parking area in Lot 2 is located partially within the 6th Street right-of-way. An encroachment agreement must be executed with the City.

·         The application is generally compliant with Section 21-601.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Property was part of ‘Outlot A’ in Lawrence Heights Final Plat in 1956;

·         Property was replatted as K & D Addition in 1994;

·         Property was subject of a Lot Split for Lots 1 and 2 of K & D Addition in 1999

·         Property is site planned with most recent site plan [SP-03-23-00] approved in 2000.

·         Acceptance of dedication of easements and rights-of-way by the City Commission.

·         Execution of an encroachment agreement with City.

·         Recording of the final plat at the Register of Deeds office.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None

 

GENERAL INFORMATION

 

Current Zoning and Land Use:

 

 

Surrounding Zoning and Land Use:

 

CS (Commercial Strip) District; motel, restaurant and nightclub.

 

CS (Commercial Strip) and RM24 (Multi-Dwelling Residential) Districts to the north; large grocery store and some duplex residences.

 

CS (Commercial Strip) District to the east; motel.

 

RM12 (Multi-Dwelling Residential) District to the south; duplexes.

 

CS (Commercial Strip) and RM24 (Multi-Dwelling Residential) Districts to the west; beauty salon and townhomes.

 

Site Summary

 

 

Number of Proposed Lots:       2

 

Area:

2.289 Acres (99,756 sq ft)

 

Minimum Lot Size:

.935 Acre (40,751 sq ft) Lot 2

 

Maximum Lot Size:

1.354 Acres (59,005 sq ft) Lot 1

 

Rights-of-way:

 

45’ of right-of-way provided for W 6th Street

 

 

 

 

Note:  Lot sizes will be reduced with the dedication of additional right-of-way by 899.55 sq ft (Lot 1) and 563 sq ft (Lot 2). Both lots remain compliant with the minimum area requirements of the CS District with the reduction resulting from the right-of-way dedication.

 

 

 

 

STAFF REVIEW

 

Streets and Access

The property takes access from W 6th Street. The property line along W 6th Street is shown and noted on the plat as ‘no access’ except for the current access point. The accessway into this property is shown on the plan; however, dimensions must include driveway radius. The minimum driveway radius permitted is 25’. The two lots created by this subdivision will share a single access point; therefore an access easement is shown on the plat.

 

The proposed division of lots will separate the restaurant from the main parking area. Lot 1 will not meet the required off-street parking standards. According to the most recently approved site plan [SP-03-23-00] Lot 1 will include a 4200 gross sq. ft. restaurant, a 2280 gross sq. ft. office and an 8 unit motel building. Off-street parking requirements are calculated using the following ratios:

restaurant-  1/100 net square feet plus 1 per each employee on the biggest shift; (29 + 1 per employee)

office-         1/300 gross sq. ft.; (8)

lodging-       (motel)-1 parking space per bedroom and 1 space for 1.5 employees (8 + 1 per 1.5 employees)

 

Lot 1 will require more than 45 parking spaces and only 20 parking spaces are provided on this lot. With the new lot configuration the principal parking area will be located on Lot 2.  A shared parking agreement, which has been approved as to form and execution by the Director of Legal Services, must be recorded and the Book and Page number noted on the face of the plat.

 

Utilities and Infrastructure 

AT&T noted that their facilities are within the area and notified the applicant that any relocations which may be necessary would be at the customer’s expense. The City Utilities Department indicated that sewer is available to both lots. Any redevelopment to a use other than the current use will require a Downstream Sanitary Sewer Analysis.  The City Engineer required the sidewalk along W 6th Street to be removed and reconstructed. The sidewalk must be 6’ wide and built to City Standards.

 

Public Improvement Plans  The City Engineer indicated that Public Improvement Plans for the construction of the sidewalk are not needed, but the applicant must submit plans for the reconstructed sidewalk to the City Engineer.

 

Easements and Rights-of-Way  W 6th Street, also known as U.S. Highway 40, is classified as a principle arterial. W 6th Street is not constructed in the center of the right-of-way; therefore inadequate right-of-way exists on the southern side. When this property was originally platted in 1956 as Lawrence Heights, a 40’ right-of-way was dedicated for W 6th Street. When the property was replatted in 1994 as K & D Addition, additional right-of-way and 5’ of easement was provided. The amount of right-of-way then provided along this property ranged from 43’ from the centerline to 45’ when measured to the section line. The easement was provided in lieu of additional right-of-way to prevent creating a non-conforming structure in the existing restaurant. In 1999 a lot split was approved for Lots 1 and 2 of K & D Addition with the same right-of-way. The restaurant is located 25’ from the existing right-of-way and would be located within the required front yard setback if the additional right-of-way were dedicated. The City Engineer indicated that 50’ of right-of-way is necessary along W 6th Street.

 

Per Section 20-1503 of the Development Code, “A nonconforming structure is any building or structure that was legally established, but no longer complies with the Density and Dimensional Standards of this Development Code; provided, however, that where a previously conforming structure no longer conforms with the regulations of this Development Code solely as a result of a governmental taking or acquisition for right-of-way, easement or other governmental use, the failure to conform created by the taking or acquisition shall not constitute a nonconformity.”

 

Staff recommends dedication of the additional right-of-way needed to provide 50’ of right-of-way from the Centerline of W 6th Street and the vacation of the existing utility easement, which had been used in lieu of right-of-way if the easement is unneeded. The applicant has agreed to dedicate the additional right-of-way. A 10’ utility easement lies along the southern property line and a 15’ utility easement is centered along the west property line. The sanitary sewer line is located in the easement along the rear property line and the City Water and Stormwater infrastructure are located within the W 6th St. right-of-way. A drainage easement is located off-site in the northeastern corner of the property adjacent to Lot 2 on the west (Final Plat for Stone Meadows); therefore, the Minimum Elevation Building Opening (MEBO) must be listed for Lot 2.

 

Conformance

The plat, as conditioned, is in general conformance with the Development Code and the Subdivision Regulations with the exception of the parking lot setback from the right-of-way along W 6th Street.

 

There are some requirements in the recently adopted Development Code that this site is not currently compliant with. For instance, the Code requires bufferyards between differing zoning districts. RM12 and RM24 (Multi-Dwelling Residential) Districts are located adjacent to this property on the west and south.  The Development Code includes criteria which trigger compliance with various sections, such as parking and landscaping. The property owner should be advised that future development will be evaluated for compliance with the Development Code.

 

The parking area in the northwest corner of the property is currently located in the 6th Street right-of-way. If the parking area is to remain in its current location, an encroachment agreement must be executed with the City for the use of the right-of-way. With future development, a variance may be requested from the Board of Zoning Appeals as the parking lot is located within the required setback from the street right-of-way. Staff recommends moving the parking lot to the south, if possible, to provide the necessary setback and provide space for the planting of street trees.

 

The Density and Dimensional Standards of the Development Code apply to all properties platted after the Effective Date (July 1, 2006). The CS District requires a minimum lot area of 5,000 sq. ft. and a minimum lot width of 100 ft. The minimum setbacks are front - 25’; side - 0-if adjacent to a CS District or 10’ if adjacent to a residential district; and rear -  20’. The applicant provided a survey from the previous lot split showing the new lot lines and the building locations. The proposed lots will meet the required setbacks, with the exception of the restaurant building on Lot 1.