SITE PLAN REVIEW
SP-11-89-05: Rylee Court Apartments, a site plan for an apartment complex including 16 units and surface parking located on the south side of W. 23rd Street and west of Tennessee Street extended. Submitted by Paul Werner for First Management Inc.; property owner of record.
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Current Zoning and Land Use: |
CN2 (Commercial) District; vacant ground |
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Surrounding Zoning and Land Use: |
RS5 (Single-Dwelling Residence) District to the north; existing residential neighborhood.
CS (Strip Commercial) District to the west and south; existing grocery store.
RS7 (Single-Dwelling Residential) District to the east and south; vacant land owned by grocery store and existing residential neighborhood. |
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Site Summary: |
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Gross Area: |
1.078 acres (46,938.44 SF) |
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Proposed Building Coverage: |
8,756 SF total 16 units Three buildings including 1 and 2 bedroom units 14.8 dwelling units per acre proposed density |
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Open Space: |
22,817 SF (52% of the total site) |
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Pavement Coverage |
12,323 SF |
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Off-Street Parking Required: |
24 at 1.5 spaces per unit [1.5 * 16 = 24] |
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Off-Street Parking Provided: |
27 |
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Staff Recommendation: Planning staff recommends approval of the site plan subject to the following conditions:
1. Execution of a site plan performance agreement; 2. Provision of a revised site plan to include the following changes: a. Correct general note 1.5 to show density at 14.8 b. Correct zoning labels on the drawing to reflect the current zoning designation c. Correct project surface summary information that states “Project Site 1.059 acres (46,117 Sq. ft. =/-)” to reflect correct area summary. d. Note that change in use will require re-evaluation of access configuration to 23rd Street. 3. Provision of a revised landscape plan, per staff approval to screen the east side of the parking lot.
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C. STAFF REVIEW
The subject property is located on the south side of W. 23rd Street immediately east of the existing Checkers grocery store. The store property wraps around the subject property to the south and includes vacant land to the rear of the subject property. The proposed development is a multi-dwelling project that includes a total of 16 units in three two-story buildings. The two smaller buildings located on the north side of the subject property include only 1-bedroom units. The larger building includes 2-bedroom units. A stormwater detention pond serving the proposed development is located on the south and southwest portion of the property.
Access
Preliminary designs of the project included access shared to the west with Checkers. This arrangement was dependant upon successfully negotiating with Checkers for cross access. The applicant was unsuccessful in securing cross access to the west. Access to the property is provided via a direct driveway connection to W. 23rd Street. KDOT approved direct access to the subject property based on assumptions that property to the east will redevelop at some point with higher density residential development and shared access would be appropriate there. A permit from KDOT for this proposed residential development as been approved. A future shared access arrangement has been designed to accommodate this property upon development of the property to the east.
Changes to the development or land use as shown on this site plan would require new evaluation of the access and shared access arrangement with abutting properties.
Landscaping
A total of 52% of the site is maintained in open space. That area includes primarily the front yard area along W. 23rd Street and the stormwater detention area. The parking lot is oriented to the interior of the lot. Parking lot lights are required to be screened with a minimum of 3’ high wall, fence or landscaping. Additional screening may be required on the east side to fully screen the parking lot lights in that area. Common open space is provided in the central portion of the site in excess of 3,000 SF that will provide space for internal recreation area for the development.
Transitional Provisions
This proposed site plan was submitted November 8, 2005. Substantial time was required for the applicant to secure access to 23rd Street. Section 20-110 of the Land Development Code addresses applications submitted before the effective date of the code (July 1, 2006). This provision allows applications submitted to the City before the Effective Date and pending approval the option to continue review under the applicable code effective immediately before the effective date of the Land Development Code or to be reviewed under the Land Development code.
If a development project is approved per this provision then the may be carried out in accordance with the standards in effect at the time of the application. Any project for which approval expires or new development application for the subject property shall meet the standards in effect at the time of re-application.
Approval Process
The current Land Development Code allows site plans to be approved administratively by the Director of Planning. Appeals of these decisions can be made to the City Commission. The previous Zoning Code required that development on unimproved real estate required site plan approval by the governing body. As part of the review and approval process this site plan is submitted to the City Commission for approval.
Per Section 20-1432 (b) of the 1966 Zoning Code, staff shall first find that the following conditions have been met:
(a) That the proposed use is a permitted use in the district in which the property is located;
The application for this residential development was initiated under the 1966 Zoning Code. The subject property at that time was zoned C-2 (Neighborhood Shopping District). The C-2 district allowed residential development at a maximum gross density of 43 dwelling units per acre subject to site plan approval. The proposed development is 14.8 dwelling units per acre. There was no provision in the 1966 code that required a mixed development in the C-2 district. Property could be developed with commercial or residential uses or some mix of both types of uses based on density, setback, and parking requirements.
The length of time needed to evaluate and secure access from W. 23rd Street directly to the subject property resulted in an extended review during which the base zoning district changed from C-2 (Neighborhood Shopping) District to CN2 (Neighborhood Commercial) District. The new CN2 district like the previous zoning district allows commercial uses. However, residential uses are allowed only as part of a mixed use project containing commercial uses and limiting density to not exceed that of the RM15 district or 15 dwelling units per acre.
Because of the unique situation of the change in base zoning district during the review process, the proposed development is allowed but will be technically legally non-conforming upon completion of construction.
(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
The placement of buildings results from the location of the detention pond and the limited access options to the site. Further, the site is arranged to facilitate a future cross access with the abutting property to the east (zoned RS7 (Single-Dwelling Residential) District) upon redevelopment of the property. Access to the site is provided via a single curb cut to W. 23rd Street. Upon development to the east, this access would be closed and relocated to the east via a shared drive. This access arrangement is specific to the subject property.
Off-street parking is provided along the eastern portion of the site with screening located between the proposed development and the adjacent property. The number of off-street parking spaces complies with both the 1966 zoning code and the Land Development Code.
(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;
The proposed site plan addresses both the current access as well as a future arrangement that provides shared access to the east upon redevelopment of the abutting property. Interior sidewalks provide connection to the buildings and to the public sidewalk along W. 23rd Street.
The subject property includes the platted lots and that portion of vacated Tennessee Street along the east property line. The remaining Tennessee Street right-of-way would provide the future site access shown as an inset on the face of the site plan.
(d) That the site plan provides for the safe movement of pedestrians within the site;
The proposed use of the site is residential. Interior sidewalks provide connection between buildings and the public sidewalk. The parking lot is relatively small and easily negotiable by pedestrians.
(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;
The north and south areas of the site provide the primary open space for the development. The north side is landscaped to provide buffering along the public right-of-way. The southern area would be minimally landscaped to minimize adverse impacts to the detention basin. The grocery store property extends to the east along the rear property line thus providing additional buffering between the subject property and the residential homes to the south and southeast.
The rear portion of the Checkers site includes both CS and RS7 zoning. This area between the subject property and the residential lots to the southeast is an existing open space area. No additional screening is required along the south property line of the subject property.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
The trash enclosure is located in the northeast corner of the site and complies with the design standards of the Solid Waste Division of the Public Works Department. This location would be revised if and when the future access to the east is provided.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
The subject property is currently vacant and surrounded by development on all sides. The city has been working with the property owner and adjacent properties regarding a sanitary sewer improvement. No other changes to the site have been made at this time.
E. CONCLUSION
Section 20-1428 of the 1966 Zoning Regulations provides the criteria to evaluate the use as development to unimproved real estate. As such, approval of the proposed site plan for residential development requires City Commission approval. Multiple revisions and resubmissions were required of the applicant to address minimum code requirements.