PLANNING COMMISSION REPORT

CONSENT AGENDA --NON-PUBLIC HEARING ITEM:

 

PC Staff Report

11/26/07

ITEM NO. 2C:

 

PRELIMINARY PLAT FOR THE EXCHANGE AT LAWRENCE; 31ST & OUSDAHL (MKM)

PP-05-06-07:    Revised Preliminary Plat for The Exchange addition, approximately 63.111 acres containing 3 lots and 1 tract. The property is located at 31st & Ousdahl.  Submitted by Michael Berry, P.E. Professional Engineering Consultants, for RA & JG Limited Company property owner of record.

 

 

STAFF RECOMMENDATION: Staff recommends approval of the variance request from Section 20-810(d)(7) which restricts the length of a cul-de-sac to 10 times the required minimum lot width in the required base district or 1000 feet , whichever is less, to permit Ousdahl Road to terminate in a cul-de-sac of up to 1000 feet in length.

 

STAFF RECOMMENDATION: Staff recommends approval  of the revised Preliminary Plat of Exchange at Lawrence subject to the following conditions:

 

1.       Agreements not to protest the formation of benefit districts for future improvements must be executed by the applicant and provided to the Planning Office at the final plat stage. The following agreements will be required at that time:

a.      Agreement not to protest the formation of a benefit district for construction of future minor arterial road on the east border;

b.      Execution of an agreement not to protest the formation of a benefit district for future signalization and intersection improvements at the intersection of the future minor arterial road and W. 31st Streets.

c.      Execution of an agreement not to protest the formation of a benefit district for future street improvements to W 31st Street; with a $600,000 liability limit for the property owner.

d.      Execution of an agreement not to protest the formation of a benefit district for the future construction of Ousdahl Road to the southern property line, if development occurs to the south.

2.       The applicant must contact the U.S. Army Corps of Engineers for any necessary permit for development of the wetland shown on the plat and provide the Planning Office with a copy of the permit, or with documentation showing that a permit is not needed.

3.       Approval of the Downstream Sanitary Sewer Analysis by the City’s Utility Engineer. If the City Utility Engineer determines that capacity is not available for the entire development, the development must be phased in accordance with availability of sanitary sewer capacity, per City Utility Engineer’s approval.

4.       If the requested variance is approved, the right-of-way for Ousdahl must be dedicated to the southern property line.

5.       Provision of a revised Preliminary Plat with the following changes:

a.      Note added stating that a Transfer of Ownership for the property where the proposed pump station will be located will be executed before building permits may be obtained.

b.      Note 10 must be revised to state that “funds must be placed in escrow for the future decommissioning of the pump station and modifications required to establish gravity sewer service for the development.”

c.      Easements provided for access to waterlines, per Utilities Department’s approval.

d.      Sanitary sewer line along the southeast corner of the property must be shown and a 20’ easement dedicated to accommodate it. If the sewer line is not within this location, please provide documentation to that effect for the City Utility Engineer’s approval.

e.      Note added that Lot 3 will require 2 access points if more than 35 dwelling units are proposed.

f.       General Note 13 must be revised with the following wording “Natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, and walls) will not be installed within the drainage easement.  The drainage easement will be privately-owned and maintained.” 

g.      The plat shall indicate the required minimum habitable floor elevations for structures on lots, or the minimum elevation for a foundation opening(s), which shall be certified by a licensed land surveyor or engineer, on lots adjacent to all drainage easements

h.      Note added stating that construction activity including soil disturbance or removal of vegetation shall not commence and this project will not be released for building permits until a stormwater pollution prevention plan (SWP3) has been provided and approved by the City Stormwater Engineer.

 

Applicant’s Reason for Request: Subdivision requirement prior to residential development of property.

 

KEY POINTS

·         The Preliminary Plat containing 63.11 acres was approved by the Planning Commission in June of 2007 with one lot and one tract. The applicant now proposes development of the entire property and so has submitted a revised preliminary plat for the same 63.11 acres which plats the land into 3 lots and a tract.

·         A portion of the property lies outside the city limits, and an annexation request [A-05-04-07] has been considered and recommended for approval by the Planning Commission.

·         Rezoning requests from RS10 and A to RM15 [Z-05-05-07] and from A to UR [Z-05-06-07] were submitted and recommended for approval by the Planning Commission but have been replaced with revised rezoning requests from RS10 and A to RM15 [Z-10-24B-07] and A to OS (Z-10-24A-07).

·         Sanitary Sewer capacity is not available in the interceptor main crossing the property and an alternate means of accessing the sanitary sewer line on the southern property line has been approved by the City Utility Engineer for Lot 1, Block One. Phasing of the development may be required based on the availability of sanitary sewer capacity and will be determined by the City Utility Engineer with the review of the downstream sanitary sewer study, which is currently under review.

 

 

SUBDIVISION CITATIONS TO CONSIDER

·         This application is being reviewed under the Subdivision Regulations for Lawrence and Unincorporated Douglas County, effective Jan 1, 2007.

·         Right-of-way for the extension of Ousdahl Road is being dedicated with this plat and Ousdahl will be constructed during Phase II. Ousdahl Road must terminate in a cul-de-sac which will exceed the maximum cul-de-sac length permitted by the Subdivision Regulations and a variance from Section 20-810(d)(7)(i) is being requested with this plat.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

Annexation

§         Approval of annexation [A-05-04-07] by City Commission and publication of Annexation ordinance.

Zoning

·         Z-10-24B-07; 56.44 acres from A (Agricultural) and RS10 (Single-dwelling Residential) to RM15 (Multi-dwelling Residential) District; which is also being considered by the Planning Commission during its 11/26/07 meeting.

·         Z-10-24A-07; 6.673 acres from A (Agricultural) to OS (Open Space) District; which is also being considered by the Planning Commission during its 11/26/07 meeting.

·         Approval of zoning requests by City Commission and publication of zoning ordinances.

Platting

·         Submittal of the preliminary plat to the City Commission for acceptance of dedication of rights-of-way and easements.

·         Submission of Public Improvement Plans to City Public Works Department and Utilities Department prior to recordation of the final plat.

·         Written certification from the City Engineer that all required public improvements have been completed or one of the means of ensuring completion of required public improvements listed in Section 20-811(h)(2) of the City/County Subdivision Regulations have been provided.

·         Administrative approval of the final plat and recordation at the Douglas County Register of Deeds.

Development

·         Submittal and administrative approval of a site plan for the multi-dwelling development.

·         Funds placed in escrow account for the decommissioning of the pump station and modifications required to establish gravity sewer service for the development.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No comment has been received pertaining specifically to the revised preliminary plat.

·         Comment has been received prior to the previous plat which is included as Attachment A.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:

 

RS10 (Single-Dwelling Residential) District for the northern

11.18 acres, within the City limits; agricultural uses-row crops.

 

A (Agricultural) District for the southern 51.93 acres, outside the City limits; agricultural uses-row crops.

 

Surrounding Zoning and Land Use:

 

To the west are four zoning districts: 

CS (Commercial Strip) District; a mini-storage facility, an auto/tire service center and further to the south a Wal-Mart store.

GPI (General Public and Institutional); a post office;

PCD [Pine Ridge Plaza] District; a narrow strip of undeveloped land along Ousdahl Road and beyond that the Pine Ridge Plaza Shopping Center with commercial uses.

RS7 (Single-dwelling Residential); located adjacent to the Wal-Mart building with a stormwater retention pond which is part of the Wal-Mart development stormwater management.

 

To the south and east: A (Agricultural) District; this land lies outside the City Limits; Agricultural uses and scattered rural residences.

 

To the north:   RS10 (Single-dwelling Residential) District; Gaslight Village, a mobile home park.

 

 

STAFF REVIEW

The subject property is located at the southeast corner of the intersection of W. 31st Street and Ousdahl Road. The southern portion of the property lies in Service Area 1 of the Urban Growth Area and the northern portion is within the city limits. An annexation request was submitted for this property in November of 2006 when the original development proposal was submitted. A complete history of the development proposals for this property is included in Attachment E.

 

The applicant proposes to develop a three-lot multi-dwelling residential development. The property contains wooded areas and a tree-lined intermittent stream. Section 20-1101(d)(iii)(b) of the Development Code contain the procedures to be followed if more than 500 square feet of sensitive lands are located on property which has not been previously subdivided.  The environmental consulting firm, Terracon, conducted an environmental inventory of the site. The study, included as Attachment D, concluded that the wooded areas on site did not meet the Development Code’s definition of ‘stands of mature of trees’. The stream is an intermittent stream and so does not meet the Development Code’s definition of a stream corridor. As it has been determined that environmentally sensitive features do not cover over 5% of the subject property it may develop as a conventional subdivision.

 

Section 20-810 (d)(1)(v) requires that the full right-of-way for all boundary line and full maintenance roads shall be annexed to the City. N 1250 Rd is adjacent to the southern property line for approximately 350 feet. The right-of-way for N 1250 Rd west of the subject property was vacated through a replat. The County Engineer indicated he would have no objections to the vacation of the right-of-way of N 1250 Rd adjacent to the subject property as N 1250 Rd has been rerouted and developed to the south, to accommodate the proposed 32nd Street Alignment of the South Lawrence Trafficway.  The applicant does not control the property containing the permanent easement for road right-of-way so is not prepared to request vacation of the right-of-way. If the South Lawrence Trafficway is constructed on the 32 Street Alignment, this area in question would be annexed into the City when the Trafficway is annexed.

 

Given the fact that N 1250 Road has been constructed in an alternate location, and portions of the permanent easement for road right-of-way have been vacated and there are no objections from the County Engineer for vacation of the portion of right-of-way adjacent to the Exchange property, it would not be appropriate to require annexation of the full right-of-way of this road.

 

Zoning and Land Use

The southern 52 acres of the property is currently zoned A (Agricultural) District and the remainder is zoned RS10 (Single-dwelling Residential) District.  The property is surrounded by a variety of zoning districts and land uses, including: CS (Commercial Strip) and PCD (Planned Commercial Development) Districts to the west and northwest, with commercial uses; to the north is a RS10 (Single-dwelling Residential) District developed with a 41 acre mobile home park. The land to the south and east lies outside the City limits, is zoned A (Agricultural) District and contains agricultural land and scattered rural residences. 

 

The proposal includes rezoning requests to rezone Tract A, a 6.64 acre area, as OS (Open Space) District and to rezone the remainder of the property as RM15 (Multi-dwelling Residential) District to permit the development of a student apartment complex. 

 

Streets and Access

The property is bounded on the west from W 31st Street to W 33rd Street by Ousdahl Road, along the north property line by W 31st Street and will be bounded on the east by the future arterial. Access to the site will be taken from Ousdahl Road, but is not allowed within 300’ of the Ousdahl Road/W. 31st Street intersection, within 300’ of the intersection of the future arterial to the east and W 31st Street or along W 31st Street. The plat shows hatched areas to indicate ‘no access’. 

 

The City bus service, the Lawrence Transit System has routes which pass down Ousdahl Road and can serve this property. The KU on Wheels bus system serves a student apartment development located west of Iowa and it is possible services may be extended to this development. Section 20-811(c)(1)(i) of the Subdivision Regulations requires sidewalks to be constructed on both sides of all streets. Local and collector streets require 5’ wide sidewalks and arterial streets require 6’ wide sidewalks. Notes have been placed on the plat stating that sidewalks for W 31st Street would be constructed in 2009, with the first phase of the development, and that sidewalks will be provided, per City Standards, along the extensions of Ousdahl Road, W 33rd Street and the future arterial to the east when the roads are constructed.  

 

Utilities and Infrastructure 

The City Utilities Department indicated that a waterline extension is required along W 31st Street. Waterline plans will need to be submitted and approved by the Fire Department and Utilities Department before building permits may be issued.  The Utilities Department indicated that easements would be necessary for them to access their lines, and the applicant indicated they would work with them on establishing the easements.

 

Three stormwater detention ponds are proposed to be located within drainage easements. One stormwater detention pond is proposed on the southeast corner of Lot 1, Block One, another is proposed on Tract A between the stream corridor and W 33rd Street, and the third is proposed on the southern border of Lot 1, Block Two.. The applicant has provided a drainage study which has been approved by the City’s Stormwater Engineer. The City Stormwater Engineer indicated that a Stormwater Pollution Prevention Plan will be required for this project before any construction activity may begin. A note to this effect must be placed on the plat. The City Stormwater Engineer also required additional wording added to General Note 13 to regulate the use of the drainage easements.  City Code requires that the minimum building elevations be shown on the plat for lots which are adjacent to drainage easements.

 

A downstream sanitary sewer analysis was provided for the previously submitted plat for the northern portion of this property. The results of this study indicated that the sanitary sewer line along the southern boundary contained the capacity to handle the proposed development. This would be Lot 1, Block One on the revised plat. The applicant will construct a pump station and lay the lines to connect with the southern 24” line. The City will provide oversight and must approve the sanitary sewer and pump station plans and construction.  The applicant must escrow funds for the decommissioning of the pump station and modifications required to establish gravity sewer service.

 

The City Utilities Engineer indicated that the capacity will be available for this development for the previously approved portion, Lot 1, Block One. However, all subsequent expansions of the proposed development beyond the proposed north 30 acres shall require additional analysis for available capacity and approval of public improvement plans. The applicant provided a downstream sanitary sewer analysis which is under review by the City’s Utility Engineer at this time. Approval of the sanitary sewer analysis by the City’s Utility engineer is a condition of approval of the preliminary plat. If the City Utility Engineer indicates that sanitary sewer capacity is not currently available for the entire development, the development will be required to occur in phases to coordinate with the availability of sanitary sewer services.  The City Engineer indicated that he expects to have the review of the Downstream Sanitary Sewer Analysis complete within the week and his determination will be presented at the Planning Commission meeting.

 

Easements and Rights-of-way

The property abuts W 31st Street on the north and Ousdahl Road on the west property lines. W 31st Street is currently classified as a ‘minor arterial’   and is classified as a ‘principal arterial’ on the Future Thoroughfares Map. The City Subdivision Regulations require a minimum of 100’ right-of-way for a principal arterial without a median, and 100’ of right-of-way exists for W 31st Street.  However, the 31st Street Corridor Study which was completed in 2003 recommended that W 31st Street be developed with 150’ of right-of-way in this area. An additional 50’ of road right-of-way is necessary for W 31st Street. 25’ is being dedicated with the Exchange of Lawrence plat and is shown on the preliminary plat. Ousdahl Road is classified as a ‘collector’ both currently and in the Future Thoroughfares Map.  The Subdivision Regulations require 80’ of right-of-way for a minor arterial or collector. 80’ of right-of-way is shown on the preliminary plat for the extension of Ousdahl Road. The proposed road on the east property line is shown as a ‘minor arterial’ and will require a minimum of 100’ right-of-way. 50’ of right-of-way is being dedicated with this plat for the future construction of this road. The remaining right-of-way will be dedicated when the property to the east develops.  W 33rd Street is classified as a collector street and 80’ of right-of-way is being dedicated for the extension of W 33rd Street through the property.  Adequate right-of-way is shown on the preliminary plat for the construction of a roundabout at the Ousdahl Road / W 33rd Street intersection.

 

A 20’ wide Sanitary Sewer Easement containing a 36” main interceptor line crosses the width of the property about 780’ south of the north property line (W 31st Street right-of-way). A 15’ utility easement is adjacent to the right-of-way along W 31st Street and along the other property lines. The City Utility Engineer indicated that a sanitary sewer line is located on the southern portion of the property, but the applicant’s land use research show that it is located off site. The applicant must provide documentation of the location of the sewer line for the City Utility Engineer’s approval or show the sewer line and easement on the plat.

 

A Utility and Pedestrian Easement which was recorded by separate instrument in 2002 is shown in the northwest corner of the property is being vacated with this plat.

 

An access easement will be required to provide the City Utilities Department unlimited access to the proposed pump station. The size and location of the pump station and easement will be determined at the design phase and will be shown on the final plat.  Fencing and lighting will be determined at the design phase and will be shown on the site plan as approved by the City Utilities Department. The City will own the land the pump station is on, so a transfer of ownership of the property will be required before building permits may be obtained. Notes to this effect have been placed on the plat. The applicant has indicated they will include an agreement that the ownership would revert back when the pump station is abandoned. 

 

Southern Star Gas indicated they have an easement located on the property and had asked that it be shown on the plat. The applicant researched the land use records and determined that the easement is located entirely on the property to the west, but the gas line was not placed in the center of the easement so the gas line is near their property. Southern Star has agreed with the applicant’s determination of the easement location. If Southern Star requires an additional building setback from gas lines, this must be shown on the plat.

 

Floodplain

The area is not encumbered with floodplain, but the preliminary plat does show a small wetland. Section 404 of the Clean Water Act (CWA) requires that anyone placing dredged or fill materials into waters of the United States, including wetlands, must first obtain a permit from the U.S. Army Corps of Engineers (Corps). The Kansas Department of Health and Environment, Bureau of Water indicated there were no State statutes protecting wetlands. The applicant will need to contact the Corps for any necessary permit and provide the Planning Office with a copy of the permit, or with documentation showing that a permit is not needed.

 

Variance

Per Section 20-810(d)(7) of the Subdivision Regulations, the maximum length of a cul-de-sac is 10 times the required minimum lot width of the base zoning district or 1,000 feet whichever is less. The minimum lot width of the RM15 Zoning district is 60 feet therefore the maximum length of a cul-de-sac in the RM15 District is 600 feet. 

 

Section 20-810(d)(7)(ii) of the Subdivision Regulations states that the Maximum cul-de-sac length may be increased by up to 25% above the maximum allowed by Section 20-810(7)(i) during the Subdivision approval process if the decision making body determines that the proposal meets certain criteria.  This would permit a cul-de-sac of 750 feet. The proposed cul-de-sac’s length of 1260 feet exceeds this amount; therefore a variance would be required. 

 

City Staff met with the applicant and determined that it would be not be necessary to extend Ousdahl Road to the property line at this time. Road right-of-way exists adjacent to the southern property line but a road may never be built on this right-of-way depending on the South Lawrence Trafficway alignment selected. The 32nd Street Alignment places the South Lawrence Trafficway to the south of this property and KDOT easement is located in this area.  It is highly unlikely that the area to the south will develop, but development would be possible if an alignment other than the 32nd Street alignment is selected.  Given the unique situation of this property, being located adjacent to land that is not expected to develop, Staff determined that the cul-de-sac length could be shortened, but right-of-way for the future extension of Ousdahl would be dedicated to the southern property line.  In the event that N 1250 Road is constructed in this area or the property to the south develops it would be possible to extend Ousdahl to connect.

 

The applicant will shorten the cul-de-sac from that shown on the revised preliminary plat, but the resulting cul-de-sac will still exceed the length permitted by the Subdivision Regulations.  Therefore a variance is being requested from the maximum length permitted for a cul-de-sac to permit a cul-de-sac of up to 1000 feet to be constructed in this area.

 

Section 20-813(g) states that the Planning Commission may grant a variance from the design standards of these regulations with the exception of the standards of the wastewater disposal system standards only if the following three criteria are met:  that the strict application of these regulations will create an unnecessary hardship upon the Subdivider, that the proposed variance is in harmony with the intended purpose of these regulations and that the public health, safety and welfare will be protected. Below is a review of the variance request against these criteria.

 

Criteria 1:  Strict application of these regulations will create an unnecessary hardship upon the Subdivider.

In order the insure connectivity the applicant is being required to extend W 33rd Street through the property to connect with the future arterial to the east and to extend Ousdahl Road to the south to connect to future development in the south. Directly south of the property is the permanent road easement for N 1250 Road. The Kansas Department of Transportation has purchased land for right-of-way in this area for the future extension of the South Lawrence Trafficway. If the Trafficway is constructed in this location, there would be no road or development to connect to.  The extension of Ousdahl Road to the southern property line would divide the property and create a small isolated lot which may not be able to meet the access requirements of Section 20-810(d)(2)(iii) that a lot with the potential of 35 or more dwelling units must have more than one access to a collector or arterial street.

 

Criteria 2:     The proposed variance is in harmony with the intended purpose of these regulations

This is a very unique location in that there is no development anticipated to the south of the property. Right-of-way will be dedicated for the future extension of Ousdahl Road to the southern property line in the event that the 32nd Street Alignment is not selected and development occurs to the south of the property to provide the connectivity required by these regulations.

 

Criteria 3:     The public health, safety and welfare will be protected.

The shorter cul-de-sac length will allow Lot 1, Block Three to have more than one access point to the collector or arterial streets in the area which will improve access for the emergency service vehicles and improve on-site traffic circulation.

 

Conformance

 

The preliminary plat, as conditioned, is in conformance with the Lot Density and Dimension Requirements of the Development Code, Horizon 2020 recommendations and policies regarding growth and development in the Urban Growth Area, and Residential and Commercial Land Uses within the City, and the land uses recommended in the recently approved revised Southern Development Plan. With the approved variance, the preliminary plat is in conformance with the standards and requirements of the Subdivision Regulations.