PC
Minutes 12/17/07 DRAFT
ITEM NO.
4A: ANNEXATION OF 81.13 ACRES;
A-11-07-07: Annexation of approximately 81.13 acres located at the intersection
of
ITEM NO.
4B: A TO RM12; 80 ACRES;
Z-11-28A-07: A request to rezone a tract of land approximately 80 acres, from A
(Agricultural) to RM12 (Multi-Dwelling Residential). The property is located at
the intersection of
ITEM NO.
4C: A TO RM12-PD; 80 ACRES;
Z-11-28B-07: A request to rezone a tract of land approximately 80 acres, from A
(Agricultural) to RM12-PD (Multi-Dwelling Residential Planned Development
Overlay). The property is located at the intersection of
ITEM NO.
4D: PRELIMINARY DEVELOPMENT
PLAN FOR THE LINKS;
PDP-11-06-07: Preliminary Development Plan for The Links
at
STAFF
PRESENTATION
Ms.
She
stated that the Northwest Area Plan recommend low density single family
residential development in this area. The proposed housing type is different
because they are clustering with the multi-dwelling low density request. The
design of the development would allow for environmentally sensitive lands to be
protected. The impact on the sanitary sewer services would be the same as for
single dwelling residential in this area. And the impact on the surrounding
properties will be minimized by the design of the planned development. She
outlined that within the sensitive areas there would be no buildings or parking
areas.
Ms.
Miller went on to say that the applicant intended to develop a multi-dwelling
residential unit with a golf course, club house, and pool.
Ms.
Miller went over the conditions from the Staff Report. Where Headwaters Drive
& Links Drive meet there was a small area that
constitutes as a separate block. It was too small to be a lot so it would be
renamed as a tract. The applicant requested a waiver from the requirement to
have a 60’ peripheral border along all sides of the planned development. They
also requested a waiver from the maximum building height to allow a 41.5’
clubhouse to be constructed. The additional height should have no impact on
surrounding properties.
In
addition, there would be designated trees saved as part of the common open
space and additional landscaping required to breakup the parking areas.
Another
waiver was granted from the City Engineer for a driveway location less than
300’ from
Ms.
Miller noted the League of Woman Voters (LOWV) concerns. The LOWV felt that the
development was inconsistent with the Comprehensive Plan and Northwest Area
Plan. Staff believed that the plan met the intent of both the Comprehensive
Plan and Northwest Area Plan because it was proposing a low-density development
although using multi-dwelling units rather than single family detached homes.
The LOWV felt that the project would create precedence that predictability and
demographics were unimportant and that gross density was the only determining
factor in neighborhood planning. Ms. Miller stated that Horizon 2020 recommends
a mixture of housing type styles and economic levels for new residential and
infill developments. The LOWV was also concerned that the concepts of
preserving sensitive land forms and features subject to the needs of the
development and storm drainage planning was no longer needed to protect open
streams and drainage ways. Ms. Miller said that there was an intermittent
stream on the property and that intermittent streams were not included in the
Development Code definition of environmental sensitive features. The design of
the Planned Development will allow for protection of a substantial amount of
steep slope and wooded areas.
APPLICANT PRESENTATION
Mr.
Kim Fuggett, Lindsey Management Co, Inc, stated that they manage over 26,000 apartment homes and
32 golf courses with 3,600 apartment homes and 5 golf courses under construction.
He stated that they have locations in 9 states and a 5% total vacancy
throughout the Lindsey Management Properties. He also stated that each property
has 24 hour on-site management. The project would include 480 units, 6 units
per acre. He said that demographically, single family homes have 2.6 persons
per household. The Links development is expected to have 1.6 persons per unit. He
said that they are not only in University communities, and that they have many
properties outside of University towns. The Site Plan usually has multi family
in the center with a golf course surrounding. However, the site plan for this
development is different due to environmentally sensitive features. half the apartments will be near
Commissioner
Harkins inquired about the location of a deep ravine and tree area.
Mr.
Fuggett showed the deep ravine on a map.
Commissioner
Harkins asked what percentage of trees were being
saved.
Mr.
Fuggett said approximately 15 acres of trees would be
saved. Roughly 40 acres of the site are currently trees.
Commissioner
Blaser inquired about the length of Hole 5.
Mr.
Fuggett said that the length shown on the plan was an
error.
Mr.
Fuggett asked what would be required if the
development was single family.
Ms.
Miller said that since it has the environmentally sensitive area, at least 20%
has to be set aside for common space. Staff encouraged preserving as much as
possible.
Commissioner
Harris inquired about what features of the property were being preserved.
Ms.
Miller said that portions of the large wooded area and the heavily sloped area would
be preserved.
Mr.
Fuggett said that the sewer construction easement
proposed is 100’ wide so trees will be lost.
Commissioner
Harkins asked if the soil type on this property was fragile.
Ms.
Miller said that more than likely it was, especially on the slopes.
Mr.
Rich Bishop, JEO Consultant Group, said the site has areas of only 6” soil
depth on the west side and very shallow rock to the east.
Commissioner
Harkins inquired about structures that would help hold the soil in place
because this area would drain directly into the
Mr.
Bishop said that there would be two larker lake areas to the east to catch most
of the runoff. The rest would ‘slow flow’ through the ravine area.
Commissioner
Lawson asked what demographic this project aimed to capture.
Mr.
Fuggett said that probably 20-30% would be students,
typically a more mature student such as those that are married. 10% would be
empty nester types and the remaining 60% would be in the blue collar workers.
He said that there would not be a lot of families due to the unit size.
Commissioner
Lawson asked who identified the sensitive areas in this project.
Ms.
Miller replied that Staff looked at aerials and selected sensitive areas based
on heavily wooded areas and slopes/contours.
Commissioner
Lawson asked what actually establishes the density cap.
Ms.
Miller said it would be a condition on the zoning itself and also a note on the
Preliminary Development Plan as being restricted to 6 units per acre.
Commissioner
Lawson asked if the governing bodies have the authority to establish specific
binding limitations.
Ms.
Miller replied yes, that it would be included in the ordinance.
Commissioner
Hird asked if runoff of chemical/fertilizers from the golf course were taken
into account.
Hugh
Jarrett, Lindsey Management Co, said that they will follow the Audubon International
Standards Program that works with golf courses to limit the amount of runoff
whenever possible. He said that the golf course is meant to be a sanctuary to
birds and creates a habitat for wildlife.
Commissioner
Hird asked if those standards were written in somewhere and if it was a
condition of approval or voluntary.
Mr.
Jarrett gave the Commissioners a handout from Audubon International titled Environmental Management Practices for Golf
Courses. He said that it would be voluntary but that they would not have a
problem with it being a condition.
Commissioner
Hird asked if Staff was aware of the Audubon standards.
Ms.
Miller said no, she was not.
Commissioner
Harkins asked Mr. Fuggett if Lindsey Management Co.
ever separated their golf courses to sell.
Ms.
Fuggett said that many banks have a hard time
financing golf courses so they split them apart from the apartments but that
they have never sold one of their golf courses.
Commissioner
Finkeldei asked if Staff had reviewed the layout of the road.
Ms.
Miller said that connectivity was needed from east to west and that it was
decided that it was better to curve it to the south due to terrain.
Commissioner
Eichhorn inquired about the name change of
Ms.
Miller said that the road changes direction so the name was changed to avoid
confusion when people are trying to locate an address on
Commissioner
Harris inquired about development potential to the west.
Ms.
Miller said Staff recommended the waiver because they expect it to be developed
to residential in the future.
Commissioner
Moore inquired about the area developing and if there was consideration as to the
Ms.
Miller said the applicant was aware the development was in the Perry-Lecompton
school district and was not concerned, as they do not anticipate many school
age children in this development .
Commissioner
Harris asked if allowing this development would set up the scenario for higher
density multi-family to the west.
Ms.
Miller said that the zoning would be conditioned to restrict the density to 6
dwelling units per acre, low density. We would not be able to approve medium
density to the west based on this.
Commissioner
Harris asked if it would be based on density, not the type of building.
Ms.
Miller replied that was correct.
PUBLIC HEARING
JoAnn
Farb, said she appreciated
Commissioner Hird bringing up the subject of chemical runoff on the golf
course. She was concerned about chemicals that might be used and the storage,
manufacturing, and transporting of these chemicals. She was interested in
knowing if a condition could be put on the development that chemicals could not
be used. She asked that EPA registered products be restricted.
Commissioner Blaser asked what she meant by saying that they should not use EPA
registered products.
Ms. Farb
said that all pesticides and herbicides are registered and it might be a way to
clearly describe and limit the chemicals that might be of concern.
Larry Kipp,
lives downstream from the proposed development. He participated in the
Northwest Area Plan and that single family and low density were not multi
family. He felt there were confusing terms between Horizon 2020 and the
Northwest Area Plan and hoped that there will be some clarification between
single family and multi family. He said that golf courses were problematic. He
inquired if businesses were included in the zoning. He was also concerned about
this property being redeveloped with more apartments. He went on to say he was
concerned about water runoff and that 50% of the trees removed would take away
buffering from water interception. He stated that if the buffer is taken away
then the water enters the stream sooner. He lives downstream and worries about
increase in peak flows.
Commissioner Hird asked if Mr. Kipp lived north of the proposed development.
Mr. Kipp replied, yes.
Ms. Gwen Klingenberg,
stated that the Northwest Area Plan does require less density and that 6 units
of single family was not the same as 6 units of multi family. She was also
concerned about the increase in traffic.
COMMISSION DISCUSSION
Commissioner Eichhorn asked Staff about Ms. Klingenberg’s
comments regarding 6 units of single family versus 6 units of multi family.
Mr. McCullough said that
it was identified as an issue. They looked at the entire project package and it
seemed to fit with the character. Staff knows that single family is different
than multi family. He stated that a project should fit into an area or
community. He also said that it comes on the heels of identifying when project
does not meet plan and how flexible plans should be. He said that this plan
does not meet all the requirements of the Northwest Area Plan and that it could
fit in the framework of the area.
Commissioner Jennings asked if 1 and 2 bedroom units would have less density.
Mr. McCullough said that
it is figured by the unit count, not the bedroom count.
Commissioner
Finkeldei asked Staff to address Mr. Kipp’s
comments about a business.
Ms. Miller said that a
golf course is a recreational use which is permitted in residential areas.
Commissioner
Finkeldei asked for details on runoff.
Mr. Jarrett said that the stormwater
plan purposes to reduce runoff and that there would be less runoff than
existing conditions. He went on to say that the stream was intermittent so it
would not carry water all the time. Mr. Jarrett also stated that they were
willing to abide by the Audubon standards/best management practices for the
golf course and did not mind if that was a condition on the project. He stated
that the east side of the site was relatively flat and that they will also have
a detention site.
Commissioner Lawson
inquired about Mr. Fuggett’s reference to “hanging on
to water” for irrigation.
Mr. Fuggett
stated that the lakes would be dug to raise the building pads and that they
would have a pump house for irrigation.
Commissioner
Harkins asked if there was a comprehensive stormwater
plan for this area.
Ms. Stogsdill said that
there is an overall stormwater plan that was adopted
in the mid 1990’s that was based on detention calculations. There was not an
actual plan for different areas. The overall plan identified where there were stormwater concerns in the city. Which required CIP
improvements and set standards for
Commissioner
Harkins hoped that they would anticipate development there and would have
guidelines for acceptable practices.
Ms. Stogsdill said that
practices are in place. For all projects a stormwater
management plan is provided by the applicant. Staff does go out in the field
and makes sure that is being complied with.
Commissioner
Harris asked for input regarding the traffic concerns mentioned during
the Public Hearing tonight and how it would compare with traffic of single
family low density.
Ms. Miller stated that
City Engineers wanted to direct traffic to the arterial
Mr. Jarrett said that
there was a traffic study done and turned into the city. He said that this
development does not meet the warrants for street improvements.
Commissioner
Eichhorn asked if there was any thought to including a bus turnout on
Mr. Fuggett
said they could certainly entertain that idea.
Commissioner
Moore asked if the project was dependent on improvement of
Ms. Miller replied, yes.
Commissioner
Harris asked who else would be asked to participate in the benefit
district.
Ms. Miller replied that
the adjacent property owners would when it was developed.
Ms. Stogsdill said that
at the Final Development Plan stage they would have conditions on timing of
building permits and streets.
APPLICANT CLOSING COMMENTS
Mr. Fuggett
said that their project was not typical and does not fit into the plan
perfectly so that is why they have asked for waivers.
COMMISSION DISCUSSION
Commissioner Hird said he was not an expert but was
familiar with the Audubon standards but that he would prefer to follow the
Audubon standards and that it be added as a standard. He was concerned about
density on the west edge and the quality of buffering for future development to
the west. Overall he was impressed with the amount of greenspace
being preserved. He was in favor of adding a condition to the plan of compliance
with Audubon’s standards for golf courses.
Commissioner Eichhorn was concerned about changing from
single family to multi family housing but that the housing market was changing.
He also agreed with Hird regarding the Audubon standards.
Commissioner Harkins said that the project looked good on
paper with all the open space. He went on to say that given the demographic
changes the city has faced, having an attractive
housing alternative for the aging generation was a good attraction. He felt it
would be an asset to the community.
Commissioner Jennings agreed with Commissioner Harkins. He
felt there was a big market for lower density housing. He thought it might be a
good idea to set aside one pod for empty nesters. He felt that this project was
a good use for a hard piece of property and that golf courses do not seem to
hurt land value.
Commissioner
Harris had mixed feelings about the project. She liked the creative use of the
land but did not like the apartment buildings all looking the same. She felt
that it did change the character of the area. She was not as concerned about
traffic for the project. She did believe the property from the street looked
like a multi family area. She stated the benefits of the open
space was for the view of the people living in the apartments, rather
than the neighbors. She was concerned about the removal of over 50% of trees in
an environmentally sensitive area.
Commissioner Lawson felt that well established grass could
hold water and soil on a slope as well as trees. He did not believe that the
absence of trees would lead to the destruction of the land.
Commissioner Jennings said that golf courses plant other
species of trees, and that good golf courses usually plant additional
landscaping.
Commissioner Harkins concerns were primarily during the
construction phase and that the city would need to be vigilant in monitoring
the construction phase.
Commissioner Finkeldei applauded Staff for coming up with
creative solutions to this difficult piece of property. He thought that this
was better than an 80 acre subdivision with cul-de-sacs. He was concerned about
multi family in context of a larger area.
Commissioner Harkins was happy with the quality of the
project.
ACTION TAKEN ON ITEM 4A
Motioned by Commissioner Lawson, seconded by Commissioner Jennings, to approve the requested annexation of approximately 81.13 acres located at the
intersection of
Commissioner Harris stated she would be voting against the
project because it looked too much like multi-family units.
Commissioner Eichhorn said he would be voting in favor of
the annexation but in opposition to the rezoning.
Motion carried 8-1, with Commissioner Harris voting in opposition.
ACTION TAKEN ON ITEM 4B
Motioned by Commissioner Moore, seconded by
Commissioner Harkins, to approve the rezoning request for 80 acres from
A (Agricultural) to RM12 (Multi-dwelling Residential) District and forwarding
it to the
1. Maximum density is limited to
6 dwelling units per acre.
Motion carried 7-2, with Commissioner Eichhorn and Harris voting in
opposition.
ACTION TAKEN ON ITEM 4C
Motioned by
Commissioner Moore, seconded by Commissioner Blaser, to approve the rezoning request for 80 acres from A
(Agricultural) to RM12-PD (Multi-dwelling Residential Planned Development
Overlay) District and forwarding it to the
Motion carried 7-2, with Commissioners Eichhorn and Harris voting in
opposition.
ACTION TAKEN ON ITEM 4D
Motioned
by Commissioner Moore, seconded by Commissioner Blaser, to approve the Links at Lawrence Preliminary Development Plan
[PDP-11-06-07] and the two associated waivers (from the buffer area requirement
in Section 20-701(j) of the Development Code for the western property line where
the adjacent property is located outside the City limits and from the maximum
height limitation of 35 ft in the RM12 District in Section 20-601 of the
Development Code to permit the club house to be constructed with a maximum
height of 41.6 ft.) to the
1.
Agreements not to protest the formation of a benefit district must be
executed by the applicant and provided to the Planning Office before recording
of the Final Development Plan for the following:
a.
Street and sidewalk improvements for
b.
Street and sidewalk improvements for
c.
Geometric intersection improvements for
d.
Intersection improvements, geometric and signalization, for
e.
Intersection improvements, geometric and signalization, for
2.
Provision of a
revised Preliminary Development Plan with the following changes:
a.
Note added to the General Notes on the Cover Sheet, Sheet CO.0 to
indicate that ‘The density of the development is limited to 6 dwelling units
per acre per condition of approval of the RM12 Zoning [Z-11-28A-07].’
b.
Remove waiver #2 on the Cover Sheet, Sheet CO.0, which requests a
waiver from the 800 ft block length Code requirement. This requirement applies
to local streets only.
c.
Dimensions must be noted for the 6’ sidewalk on the east side of the
extension of George Williams Way and the 5’ sidewalk on the west side of Queens
Road.
d.
Figures in the site summary table for bicycle parking must be revised
to correct the bicycle parking requirement for the Clubhouse from ‘1 per 10
auto spaces’ to ‘5 or 1 per4 auto spaces, whichever is greater’, and the number
of bicycle parking spaces required for the pool must be corrected to read ‘3’
rather than ‘4’.
e.
The pool requires 2
f.
The 46.11 acres which is being designated as Common Open Space must be
delineated on the plan and noted in the legend. The legend should also indicate
that the 31.32 acres containing the shaded golf areas and the pool area make up
the open recreation area.
g.
A note must be placed on the Preliminary Development Plan stating that
prior to any construction activity the perimeter of the wooded areas adjacent
to the construction activity will be fenced at the drip line and signage
erected stating that any construction activity, grading, trenching or storage
is prohibited within the fenced area.
h.
i.
Additional landscaping must be shown on the plan to provide separation
between the parking modules, per Section 90-913(j).
j.
Western parking area, parallel with
k.
Note added stating that the use of the club house and pool is
restricted to members only or to residents of The Links at
l.
Note added stating that the temporary easement for the sanitary sewer
interceptor will be 100’ during construction (30’ additional on each side of
the easement shown), and permanent easement will be 40’, as shown.
m.
The golf cart and pedestrian crossings shown across
n.
Typical parking detail note on page CO.1 regarding typical curbing must
be revised to read ‘typical curbing’ rather than ‘typical curb or sidewalk’.
o.
General note added stating that the horizontal separation between all
sanitary sewer lines and water lines is 10’ or more.
p.
Note added to the plan stating that building permits can not be
obtained until streets are installed which are a minimum of 20’ wide and have
the first lift of asphalt.
q.
Any approved waivers or modifications must be noted on the face of the
plan.
r.
Note 23 on Landscaping plan, (Sheet L1.2) must be revised to read ‘All
parking areas are screened from street R.O.W. with a 10’ wide landscaping area containing shade or ornamental trees at the rate of 1 tree per 20 linear feet of
parking area and coniferous shrubs (Seagreen junipers)
as shown and berming. Such berming
shall be a minimum of two feet in height. (new text is in bold print)
s.
The
t.
Parking detail on page CO.1 must be revised to show dimensions for
u.
Access restrictions must be shown and noted on the Plan. The area on
Links Drive between the westernmost driveway and George Williams Way must be
marked with hatch marks to indicate ‘no access’ and Links Drive must be marked
with hatch marks to indicate ‘no access’ for 300’ from the Wakarusa Drive /
Queens Road intersection and a note added to the plan that no access is
permitted in these areas.
v.
A General Note must be added stating that the City Engineer approved
the reduced driveway spacing of 270’ rather than the 300’ feet required by Code
at this location.
w.
Dimensions must be shown between the two driveways being provided on
x.
Note added to the plan that the golf course will be developed and
maintained according to the Audubon International Environmental Management
Practices of Golf courses.
Motion carried 7-2, with Commissioner Eichhorn and Harris voting in
opposition.