PC Minutes 11/28/07 DRAFT

ITEM NO. 12:     REVISED SOUTHERN DEVELOPMENT PLAN (MJL)

 

Reconsider the Revised Southern Development Plan.  The draft plan was returned to the Planning Commission for further consideration by the Board of County Commissioners on October 8, 2007.

 

STAFF PRESENTATION

Ms. Michelle Leininger presented the item.

 

Mr. McCullough stated that the main issue was the Snodgrass property. Staff did additional analysis of the existing neighborhood and evaluated density. Staff recommended to change the Snodgrass property future land use designation to recognize additional density as development moves closer to the arterial streets, with specific policy statements about Snodgrass property. Staff felt that specific language should be added to match the character and structure type of the Indian Hills Neighborhood. The Indian Hills Neighborhood and Snodgrass family came to an agreement and that is how staff arrived at the policy to change the language noted on page 2 of the updated memo. There have been discussions with Ms. Eldredge about whether or not it would allow attached dwellings. Even though there was agreement to the structures there may be restrictions when outlining the zoning districts. Staff is comfortable not listing zoning districts.

 

Commissioner Harkins asked about the staff recommendation and if it was being left as medium density.

 

Mr. McCullough said it would be designated as medium density but customized with policy statements.

 

Commissioner Harkins was concerned about this type of condition being appropriate with this type of plan and thought it was out of the ordinary.

 

Mr. McCullough stated that it would be out of the ordinary with large parcels not developed. The parcel being discussed is adjacent to a highly developed area that was cut off by arterial and runoff.

 

Commissioner Chaney inquired about the 8 unit density, rather than 10.

 

Mr. McCullough said that it had to do with how much the property could support and also based on discussions with the Snodgrass family and neighborhood.

 

Commissioner Hird asked if this would create precedence.

 

Mr. McCullough said they were trying to align the sector plans and get continuity. The northwest plan speaks to the structure types in areas.

 

PUBLIC HEARING

Ms. Jane Eldredge, Barber Emerson LC, represented the Snodgrass family. She felt that medium density was consistent with H2020 and seemed appropriate. She said that the Snodgrass family had always intended to do 8 units to the acre. There was no current development plan, they were just trying to preserve their options. They disagreed with conditions 2 and 3. A duplex would be the largest building (not a triplex) that could be built. She also requested maps 3.1 and 3.2 be changed to show the medium density.

 

Commissioner Harkins asked how much weight this would have in a sector plan.

 

Ms. Eldredge said it would essentially be an infill area and they were treated differently then an area that was a clean slate because they have to be aware of what was next door.

 

Ms. Bonnie Johnson, President of Indian Hills Neighborhood Association and Professor of Urban Planning at KU, stated that area plans are exactly where details should be determined especially where property hooks into an existing neighborhood. She felt that details are what give the community a sense of what will go in an area. She said that perhaps residential character could be expanded to describe types of structures to include square feet, duplex, attached, tri-plex, R-O-W issues. She was confused about taking out the zoning district and attached dwellings. She said the neighborhood has been working on a neighborhood plan with multi-family homes with the look and feel of single-family homes with doors and windows on the street. The neighborhood wants them to have the look of single family homes, rather then an apartment building where there would be 1 main door leading to multiple apartments. They would have liked the compromise to have been units per acre, but 8 units was a solid compromise. She was also concerned about increased traffic on 27th Street.

 

Commissioner Harkins asked if there was any precedence for this type of compromise being imbedding in an area plan.

 

Ms. Johnson said that the Development Code says the neighborhood plan could have design guidelines but their neighborhood plan was not done yet.

 

Ms. Eldredge said the Northwest Plan had customized density language not used before.

 

Mr. Bob Suderman, resident of Indian Hills neighborhood, was concerned about traffic. In 2000 he had KDOT provide study sessions for the community regarding the 31st and Iowa intersection. He felt that traffic on 31st Street and Louisiana would be a real issue. He was not against development, but concerned about traffic.  He said that when the southern areas are fully developed the roads would not be able to handle future traffic. He would like to see a cap on the total number of units. He was concerned that there would not be more diversity of housing types and that the topographical elevation had not been addressed. He went on to say that the property had been vacant because of flooding and that he was concerned about the Snodgrass property being raised and cause flooding issues around it.

 

COMMISSION DISCUSSION

Commissioner Finkeldei inquired about the compromise that was reached between the neighborhood and the Snodgrass family.

 

Mr. McCullough said the Development Code defined attached dwelling as being different than multi-dwelling. He went on to say that the horizontal types were important in keeping with the compatibility of the neighborhood. He was comfortable integrating condition number 4 into 3 and leaving 1. The listing of districts was consistent with what they were trying to do with the designations. He felt it reflected the concept with what they had talked about.

 

Commissioner Harris felt the specificity of the plan was irregular but a good idea for the plan. It would give developers and neighbors an idea of what would happen in the area and development would probably happen faster and without more trouble this way.

 

Commissioner Lawson appreciated staff efforts for a compromise. He did not think they should tweak something that the neighborhood and applicant agreed to. He would be hard pressed to make changes that have been recommended since there are two sides that are relatively satisfied.

 

Commissioner Moore agreed with Commissioner Lawson. He said it was a parcel with 2 streets that stub right into it. It was a mature neighborhood so he did not think it would be fair to change it since a compromise had been met. He trusted staff.

 

Commissioner Harris asked if Commissioner Lawson objected to the changes recommended.

 

Commissioner Lawson said he would not encourage formal changes.

 

Commissioner Hird said the changes suggested made sense and a reflection of the agreement and clarified it.

 

Commissioner Chaney agreed this was a good plan but concerned that the development plan was in such detail. He thought they needed to start being consistent with development plans when transitioning with neighborhoods.

 

ACTION TAKEN

Motioned by Commissioner Finkeldei, seconded by Commissioner Chaney, to approve the Revised Southern Development Plan with the changes set forth in the staff memo and below, and by removing bullet points 2 & 3 in the recommended residential land use policies number 5 and changing bullet point 4 to state “develop with similar residential character to the neighborhood to the north including such structures as single-family, duplex, tri-plex, and row houses.” Also changing maps 3.1 and 3.2 to show the northwest corner of 31st and Louisiana as medium-density residential, as suggested by Ms. Eldredge, and forwarding a recommendation to the City and County Commissions for approval:

•          Add a reference to T2030 and subsequent transportation plans.

•          Change low-density residential land use description the following ways:

–        Remove under applicable areas:  Property to the north and west of the intersection of Louisiana Street and W. 31st Street.

–        Add to the Zoning Districts: RM12D

–        Add to the Primary Uses:  attached dwellings and duplexes

•          Change medium-density residential land use description to add:

–        Add to the Applicable Areas:  Property to the north and west of the intersection of Louisiana Street and W. 31st Street.

–        Add to the Primary Uses:  attached dwellings

•          Change the Policies under residential to add:

–        5. Property northwest of the intersection of W. 31st and Louisiana Streets, north of the FEMA designated floodplain shall:

•          have a gross density of no more than 8 dwelling units per acre,

•          be restricted to the following zoning districts: RS7 (Single-Dwelling Residential), RS5 (Single-Dwelling Residential), PD (Planned Development Overlay), RM12D (Multi-Dwelling Duplex Residential),

•          develop with any of the following uses:  single-family dwellings, attached dwellings, duplex, and

•          develop with similar residential character to the neighborhood to the north.

•          Change the Policies under Commercial to state:

–        2.  Planned development overlay zonings shall be self-contained with consideration given to:  independent traffic networks; land use buffers; and/or a gradation of land uses, as well as, landscaped buffer(s) along the perimeter of the planned commercial development.

–        3. Future commercial development and/or redevelopments of existing commercial areas shall be in the form of planned development overlays.

•          Change the Policies under Open Space/Floodplain to state:

3. Areas within the regulatory floodplain shall not be counted as contributing more than 50% of the open space used in the computation of density for planned development overlays e.g., areas designated as open space/floodplain cannot be used to justify increased residential development densities.

 

Unanimously approved 9-0.