PLANNING COMMISSION REPORT

CONSENT AGENDA – NON-PUBLIC HEARING ITEM:

 

PC Staff Report

04/23/07

 

ITEM NO. 1:    FINAL PLAT FOR MERCATO ADDITION 2ND PLAT, 6200 W 6 TH ST (MKM)

 

PF-03-04-07: Final Plat for Mercato Addition 2nd Plat containing 16 lots, 3 tracts and  approximately 72.657 acres, located at 6200 West 6th Street.  Submitted by Landplan Engineering, P.A., for Kentucky Place LC et al, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval  of the Final Plat of Mercato Addition, 2nd Plat 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.            The 20’ access/utility easement must be shown on the eastern property lines of all lots/tracts adjacent to George Williams Way as shown on the final plat for Mercato Addition 1st Plat.

b.            Note stating that the existing sidewalk on W 6th Street will be extended when the developer removes the W. 6th Street/ K-10 frontage road and access south of Overland Drive.  This can be a separate note, or Note 3 can be revised to read “The developer will 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 and the developer will extend the sidewalk along W. 6th Street at this time.” (new text in bold.)

c.            Mayor’s signature blank must be revised with the new mayor’s name, Sue Hack.

d.            Note 9 on the plat prohibits direct access from any of the property in the development to the South Lawrence Trafficway Frontage Road, 6th Street, Mercato Way and George Williams Way. The plat must be revised to show this access restriction graphically with hatch marks.

2.      The Final Plat can not be recorded until a special assessment benefit district or districts for the improvement of George Williams Way from West 6th Street to the north boundary line of the Mercato Addition, 1st and 2nd plats, including intersection improvements at West 6th Street, has been successfully established.

3.      Public improvement plans for utilities, sidewalks, streets (Overland Drive, Mercato Way, and Mercato Drive), and improvements to K-10 frontage road must be submitted before the final plat can be recorded.

4.      Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.

5.      Execution of a Temporary Utility Agreement;

6.      Provision of the following fees and recording documentation:

a.      Copy of paid property tax receipt;

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

c.      Provision of a complete master street tree plan; and

d.      Provision of street sign fees.

 

Applicant’s Reason for Request:

Subdivision requirement prior to development of property.

 

KEY POINTS

·         The final plat does not differ significantly from the preliminary.

·         The plat is being reviewed under the Subdivision Regulations which were in effect prior to January 1, 2006 as the preliminary plat and rezonings for the project were submitted before the adoption of the new Code.

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

·         Creation of benefit districts for the street improvements and signalization of intersection will be accepted in lieu of off-site dedication of right-of-way for George Williams Way.

·         Sanitary sewer services will be provided per City Utility Department approval. Easements, benefit districts, pump stations etc. will be determined at that time.

·         The final plat is based on the preliminary plat, but will incorporate the conditions of approval and requirements of the preliminary development plan as this constitutes a preliminary plat for the commercial portion of the property.

·         The Preliminary Development Plan has not yet been approved by the City Commission, but is scheduled for the April 17, City Commission meeting.

 

SUBDIVISION CITATIONS TO CONSIDER

·         No unusual or special citations have been identified with the review of this application.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Annexation request [A-01-02-05] was approved by the City Commission on May 9, 2006. Annexation ordinance was adopted by the City Commission on June 13, 2006.

·         The City Commission approved the rezoning request [Z-03-05-06] for 45.31 acres from A (Agricultural) to ) PCD-[Mercato] (Planned Commercial Development) and RMO [RO-1A in the 1966 Zoning Ordinance] on May 9, 2006; contingent on the City Commission approval of the preliminary development plan and recording of the final plat.

·         Preliminary Plat was approved by the Planning Commission on April 17, 2006.

·         Preliminary Development Plan for the property zoned PCD-[Mercato] must be approved by the City Commission and conditions of approval must be met before the submittal of a Final Development Plan.

·         Planning Commission approval of the Final Development Plan for the property zoned PCD [Mercato] and recording required.

·         City Commission acceptance of dedication of easements and rights of way for Final Plat of Mercato Addition, 2nd Plat and recording required.

·         Benefit Districts for improvements to George Williams Way from West 6th Street to the north boundary line of Mercato Addition (1st and 2nd Plat) including intersection improvements at West 6th Street must be successfully established before the final plat can be recorded.

·         Public Improvement Plans submission required before Final Plat can be recorded.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment was received by the Planning Office prior to the printing of this staff report.

 

GENERAL INFORMATION

Current Zoning and Land Use:

UR (Urban Reserve); undeveloped.

Rezoning of 45.31 acres to PCD-[Mercato] (Planned Commercial Development) District approved with publication of ordinance pending the approval of Preliminary Development Plan by the City Commission and recordation of Mercato Final Plat; and rezoning of 31.12 acres to RMO (Multi-Dwelling Residential-Office District) [converted from the RO-1A (Residence Office) District in the 1966 Zoning Ordinance] approved with publication of ordinance pending the recordation of Mercato Final Plat;.

 

Surrounding Zoning and Land Use:

 

Current:

 

 

 

 

 

Proposed:

 

 

To the north, south, and east: UR; undeveloped.

To the west across the K-10 Bypass: land outside the City limits with the County zoning designations of A (Agricultural) District and B-1 (Neighborhood Business) District;  scattered rural residences and agricultural uses.

To the north:

RS7 (Single-Dwelling Residential) District, development pending approval of Final Plat of Mercato Addition; RM24 (Multi-Dwelling Residential) District, development pending approval of Final Plat of Mercato Addition and submission and approval of site plan. Single and Multi-dwelling residential development.

To the south, across W. 6th Street/U.S. Hwy 40:

A (Agricultural) District; PCD-[Northgate] (Planned Commercial Development) rezoning pending publication of ordinance; undeveloped.

To the east: 

UR (Urban Reserve) District; undeveloped. Rezoning request approved for the property to the east, with the exception of a 5.4 acre parcel at the northeast corner of the W 6th Street and George Williams Way, to RS7 (Single-Dwelling Residential), RM12 (Multi-Dwelling Residential), and RM12D (Multi-Dwelling Residential Duplex) Districts pending recordation of Oregon Trail Addition Final Plat. Proposed Single- and Multi-dwelling residential development.

 

 

Site Summary

Number of Lots:

Number of Tracts:

16 Lots

  3 Tracts;

Gross Area:

72.657 acres

Minimum Lot Size:

  1.2 acres

Average Lot Size:

  4.029 acres

Maximum Lot Size:

17.749 acres

Tract A:

Tract B:

Tract C:

Rights-of-way:

.934 acres

1.718 acres

1.596 acres

60’ right of way dedicated for Mercato Drive; 100’ right-of-way being dedicated for Mercato Way; The right-of-way for George Williams Way is being dedicated via the Mercato Final Plat 1st Addition (40’ of right-of-way and 20’ of access/utility easement). The 80’ right-of-way for Overland Drive is also being dedicated with the Mercato Addition 1st Plat.

 

STAFF REVIEW

The property is located on the north side of 6th Street between the South Lawrence Trafficway and the extension of George Williams Way. Access to the development will be taken from the extension of George Williams Way; direct access to W. 6th Street is prohibited. The plat includes a note to this effect, but must be revised to represent the access restriction graphically. The subject property will be bounded primarily by residential development to the north and east, and the K-10 bypass and rural land uses to the west. To the south, across West 6th Street is the Northgate PUD, a planned commercial development. This area has been recommended by Horizon 2020 as a location for a Community Commercial Center of 400,000 sq. ft.

 

The annexation request for the property has been approved and the ordinance has been adopted. The rezonings have been approved by the City Commission contingent upon the approval and recording of the final plat. (The PCD zoning is also contingent upon the City Commission’s approval of the Preliminary Development Plan.) This development includes the commercial and office/multi-dwelling portions of the Mercato Development.  A preliminary development plan for the commercial portion was reviewed with the 1966 Zoning Ordinance and the Commercial Design Standards and was recommended for approval by the Planning Commission. The City Commission deferred their consideration of the development plan to review the existing market study.  The Mercato Preliminary Development Plan and the Final Plat for Mercato Addition 1st Plat are being considered by the City Commission at their April 17th meeting.

 

Streets and Access

The Mercato Final Plat 1st Addition (approved by the Planning Commission on July 24, 2006 and scheduled for the City Commission on April 17, 2007) included a 40’ right of way for George Williams Way and a 20’ access and utility easement on the property line adjacent to the west side of George Williams Way. The final plat for Mercato Addition 2nd Plat must be revised to reflect this access/utility easement as shown on the Mercato 1st Addition Final Plat.

 

The Mercato Preliminary Development Plan (approved by the Planning Commission on September 27, 2006 and scheduled for the City Commission on April 17, 2007) included the requirement to execute an Agreement Not to Protest the Formation of a Benefit District for Mercato Drive for future expansion in the event the road is constructed with 2 lanes and the future traffic data demonstrate a need for a middle turning lane or left hand turning lanes. Staff recommended the submittal of a revised TIS which addresses turning movement on Mercato Drive to assist in the determination of the number of lanes required for Mercato Drive. The applicant revised the plan to show that Mercato Drive would be constructed with 3 lanes; therefore the agreement not to protest  is not required.

 

An Agreement not to protest the formation of a benefit district for George Williams Way and Overland Drive; and 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 were requirements of the preliminary plat and have been executed.

 

The Mercato preliminary plat included a requirement to provide off-site right-of-way. The City Manager approved the establishment of a benefit district for the construction of George Williams Way and intersection improvements in lieu of this provision of off-site right-of-way. This benefit district must be established before the final plat may be recorded.

 

The preliminary plat and Mercato 1st Addition Final Plat included notes that the developer will remove the W. 6th Street/K-10 frontage road and access when Overland Drive is constructed and links up with the K-10 frontage road and the developer will improve the K-10 frontage road, north of Overland Drive to the north property line, when Overland Drive is constructed. Notes regarding these requirements are included on this final plat.

 

Note 9 on the plat prohibits direct access from any of the property in the development to the South Lawrence Trafficway Frontage Road, 6th Street, Mercato Way and George Williams Way. The plat should be revised to show this access restriction graphically with hatch marks.

 

Utilities and Infrastructure 

Sanitary sewer services will be provided per City Utility Department’s approval. Any requirements, such as easements, pump stations, or benefit districts will be determined at that time. A note has been included on the Plat regarding this requirement. The City Utility Department requires that water line plans be submitted for approval and signatures from the fire and utilities departments before building permits are issued.  Sidewalks are to be provided along Overland Drive, Mercator Drive, Mercato Way and George Williams Way with this phase of development. The Mercato Addition preliminary plat included a note that ‘Existing sidewalk to be extended during phase 2 improvements, when the western portion of Overland Drive is extended to tie into the frontage road and the frontage road connection to W 6th Street is removed.  This development is no longer phased, so the sidewalk extension must be timed with the extension of Overland Drive to the frontage road and the removal of the frontage road. This requirement can be added as a separate note on the plat, or can be included in a revision of condition 3 to read “the developer will 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 and the developer will extend the sidewalk along W. 6th Street at this time.” (new text in bold print)

 

 

Public Improvement Plans

Public improvement plans for utilities, sidewalks, streets, and improvements to the K-10 frontage road must be submitted to the Public Works Department before the plat can be recorded. The design of George Williams Way will be considered with the establishment of the benefit district.

 

Easements

There is some disagreement between the Mercato Addition Preliminary Plat, Preliminary Development Plan and the Mercato Addition 2nd Plat, as to the location of utility easements. The dedication of the utility easements will be accepted on the final plat and recorded. The applicant must review the preliminary plans and verify that the utility easements as shown on the final plat are in the desired location.

 

Summary

The Final Plat for Mercato Addition, 2nd Plat is in general compliance with Zoning Ordinance and Subdivision Regulation requirements. The specific details regarding the provision of sanitary sewer service has not been determined prior to this plat, rather a condition has been added that service will be provided per City Utility Department approval. Decisions on the provision of services, benefit districts and easements will be determined at that time. In addition, the right-of-way for the George Williams Way/W. 6th Street intersection will be provided later, with the creation of Benefit Districts for the improvements to George Williams Way and the signalization of the intersection being accepted at this time in lieu of the dedicated right-of-way at the intersection.