CITY COMMISSION REPORT SUMMARY

Regular Agenda - Public Hearing Item

CC Staff Report

02/19/08

                        REVISED PRELIMINARY DEVELOPMENT PLAN FOR BAUER FARM;                                   NORTHEAST CORNER OF W. 6TH            STREET & WAKARUSA DRIVE (PGP)

 

PDP-03-02-05:  City Commission review of revisions to conditionally approved Preliminary Development Plan for Bauer Farm.  The proposed planned commercial, office and residential development contains approximately 43.71 acres.  The property is located on the north side of W. 6th Street (U.S. Highway 40) between Wakarusa Drive, Folks Road and Overland Drive. Submitted by Landplan Engineering, P.A., for Free State Holdings Inc., Free State Holdings LLC, Free State Group LLC and Bauer Farms Residential LLC, property owners of record.

 

On January 10, 2006 the City Commission conditionally approved the Bauer Farm Preliminary Development Plan (7.6.05 – Right-In Only) with the stipulation that a revised Preliminary Development Plan for Bauer Farm, meeting the 12 conditions of approval would be brought back to the City Commission for final approval.

 

This staff report addresses the proposed additional revisions to the Preliminary Development Plan and the prior conditions of approval.

 

STAFF RECOMMENDATION:

 

Staff is recommending approval of the revised Preliminary Development Plan for Bauer Farm (revision 1.18.08), which would also include an approval for increasing the number of drive-thru restaurants from 2 to 3, subject to the following conditions:

 

  1. The additional access driveways not shown on the conditionally approved January 10, 2006 Preliminary Development Plan be removed from the plan as addressed by the January 31, 2008 Memo from the City Engineer concerning the additional access driveways.

 

  1. For the area covering the Phase II Planned Residential Development portion of Bauer Farm, the applicant shall meet with each of the utility service providers, (gas, electric, telephone and cable) to coordinate and determine appropriate locations of the underground service lines in relation to the municipal water, sanitary sewer and stormwater lines prior to the submittal of either a Final Plat or a Final Development Plan Application, covering Phase II to the Planning Commission.

 

  1. Provision per Sheet 4, General Note No. 4 for the current owners of Bauer Farm to provide written Agreements not to Protest the Formation of a Benefit District for the widening of Overland Drive between the intersections with Folks Road and Wakarusa Drive and the widening of Folks Road between the intersections with Overland Drive and W. 6th Street.

 

  1. Add the following note to the Preliminary Development Plan, “Additional landscape easements and additional right-of-way(s), where appropriate, will be provided on Overland Drive and Folks Road if existing right-of-ways do not provide sufficient space for road improvements as designed.”

 

  1. Add the following note to the Preliminary Development Plan, “A written agreement will be executed between the City and Bauer Farm owners to specifically identify the extent of public/private areas and maintenance responsibilities within the development, prior to the submittal of a Final Development Plan application.”

 

 

 

 

 

KEY POINTS

 

·         The revised PDP shows additional access points being requested by the applicant.

·         January 31, 2008 memo from the City Engineer concerning access history for this property and W. 6th Street Access Management. (See attachment and City Engineer Exhibits A-G)

·         The property is unplatted, except for Champion Lane.

·         Champion Lane is an existing unimproved public right-of-way which will be realigned by this project.

·         A Preliminary Development Plan acts as a Preliminary Plat for the property.

·         The Bauer Farm Preliminary Development Plan was previously conditionally approved by the City Commission on January 10, 2006.

·         The project is requesting that the residential streets and alleys be public, rather than the previously presented private streets and private alleys.

·         Application is being considered under the zoning and subdivision regulations in effect prior to July 1, 2006.

 

ASSOCIATED CASES/FUTURE ACTION REQUIRED

 

·         [Z-03-16-05], 2.59 acres conditionally approved rezoning from PRD-2 to POD-1 approved by City Commission on January 10, 2006.

·         [Z-03-17-05], 8.23 acres conditionally approved rezoning from PRD-2 to PCD-2 approved by City Commission on January 10, 2006.

·         [Z-07-48-05], 18.939 acres conditionally approved rezoning request from PCD-2 (with restrictions) to PCD-2 (with modified restrictions) approved by City Commission on January 10, 2006.

·         [PDP-03-02-05] Bauer Farm Preliminary Development Plan conditional approved by the City Commission on January 10, 2006.

·         Rezoning [Z-06-07-07], increasing the retail commercial from maximum of 62,000 SF to maximum of 72,000 SF within the Planned Commercial Development District conditionally approved by City Commission on August 28, 2007.

·         Rezoning [Z-06-08-07], increasing the density of the PRD from PRD-2 to PRD-3 conditionally approved by City Commission on August 28, 2007.

·         Revised [PDP-03-02-05] being reviewed for approval by the City Commission (February 19, 2008).

·         Final Development Plan(s) to be approved by Planning Commission.

·         Final Plat(s) to be approved by Planning Commission.

·         Final Plat(s) for acceptance of easements and rights-of-way by City Commission.

·         Recording of Final Development Plan(s) and Final Plat(s) at Register of Deeds Office.

·         Zoning Ordinance approvals for [Z-03-16-05], [Z-03-17-05] and [Z-07-48-05] by the City Commission and publications.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

There have been no recent public comments for the revised Bauer Farm Preliminary Development Plan. Prior City Commission/Planning Commission minutes and correspondence can be found on the City’s Website at the following City Commission meeting links:

 

January 10, 2006, Regular Item D - 2, Minutes

August 28, 2007  , Regular Item D - 3 , Minutes

 

 

 

SITE/PROJECT SUMMARY:

 

Gross Area:                                 43.71 Gross Acres

Commercial Area PCD                   Approximately 25.89 Acres 

Commercial Buildings                     19 Buildings

Commercial Lots                          15 lots and 3 tracts

Residential in PCD                         134 Dwelling Units (all 2-bedroom units)

Residential Area PRD:                    Approximately 16.44 Gross Acres

Number of Residential Dwellings PRD 211 Dwelling Units

Maximum Density for PRD-3           25 Dwelling Units/Net Residential Acre

Residential Density in this PRD         21.38 Dwelling Units/Net Residential Acre

Planned Office Development POD    Approximately 1.38 Acres

Office Building in POD                    1 Bank Building

 

The following modifications from the City Commission’s January 10, 2006 conditionally approved Bauer Farm Preliminary Development Plan and the revised PDP submittal - January 18, 2008 are noted:

 

  • Maximum Retail Commercial Square Feet was increased from 62,000 SF to 72,000 Square Feet as allowed per the rezoning approved by the City Commission on August 29, 2007. 6,150 Square Feet of retail commercial was added to the ground floor of Lot 5, Block Six. The remaining 3,850 Square Feet of additional commercial retail was allocated within several buildings along W. 6th Street.
  • Streets and alleys within the PRD area were previously proposed to be private. The applicant is requesting that they now be public streets and public alleys. The City would then be responsible for the maintenance of the residential streets and alleys.
  • ‘Licensed Premises’ and ‘liquor, wine and beer sales, for consumption off the premises’ were added to the list of allowable use groups, per rezoning approved by City Commission on August 29, 2007.
  • Additional drive-thru restaurant (Lot 2, Block Nine). Applicant requests that prior PDP Condition No. 5 be revised to include an additional drive-thru restaurant (from prior 2 to proposed 3 drive-thru restaurants).
  • The number of dwelling units in the PRD area increased slightly from 208 dwelling units to 211 dwelling units (increase of 3 dwelling units, 2nd floor of the clubhouse).
  • The pharmacy building moved from the northeast corner of W. 6th Street and Champion Lane (Block Nine, Lots 1 & 2) to the northwest corner of W. 6th Street and Wakarusa Drive (Block Seven, Lot 2).
  • The drive-thru bank moved from the northeast corner of W. 6th and Wakarusa Drive (Block Seven, Lot 2) to the northeast corner of W. 6th Street and Folks Road (Block Nine, Lot 5).
  • Drive-thru restaurant moved 1 lot west, from adjacent to PRD and W. 6th Street (Block Nine, Lot 2) to where the pharmacy building was located at the northeast corner of W. 6th and Champion Lane (Block Nine, Lot 1).
  • Champion Lane connected with Overland Drive and included in Phase 1 improvements as requested.

 

 

BAUER FARM ITEMS

 

City Staff has identified items requiring possible modifications of the Bauer Farm revised Preliminary Development Plan.

 

  • Additional access driveways being requested on W. 6th Street and on Wakarusa Drive.
  • Area for locations of utility service lines (gas, electric, telephone, cable) within the Phase II Residential Development Plan portion of Bauer Farm are constrained and need to be coordinated with the utility service providers, prior to the submittal of either a Final Plat application or a Final Development Plan application, covering the Phase II area.

 

Public Works recently submitted a memo, dated February 12, 2008, concerning additional access driveways, additional right-of-way for Forks Road; additional right-of-way for Overland Drive; Internal Road System; Maintenance Issues and Street Lights. The February 12, 2008 Public Works memo is attached.

 

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Below is a listing of the January 10, 2006 City Commission’s conditions of approval of the Bauer Farm Preliminary Development Plan, with a staff update on the completion of the conditions.

 

1.      Provision of KDOT approval of a right-in-only on W. 6th Street between Champion and Wakarusa or a revised Preliminary Development Plan removing same.

NOT IN COMPLIANCE. The developer obtained a letter from KDOT giving approval of a right-in only on W. 6th Street, between Champion and Wakarusa. The revised Preliminary Development Plan shows the right-in. However the PDP also now shows a right-out at this location, plus an additional right-in on W. 6th Street and two additional left-outs with a break in the median on Wakarusa Drive. None of these additional three access points or break in the Wakarusa Street median has been approved or is being recommended by our transportation reviewers (City Transportation Planner, City Engineer and City Traffic Engineer) – see January 31, 2008 City Engineer Memo and exhibits attached. KDOT has not recommended approval of the additional access points or the break in the Wakarusa Street median.

Public Works has requested that these three accesses points be removed from the plan. The applicant has not complied with this request and the submitted plan still shows these access points. A condition should be required for the three additional access points to be removed from the Preliminary Development Plan. Any additional access points are also required to first have written approval from the Secretary of the Kansas Department of Transportation as required per the 2002 W. 6th Street/Highway 40 access management agreement between the City and KDOT.

2.      Reconfigure Champion Lane to connect more directly to Overland Drive. Revise Traffic Study to reflect revised plan.

Completed. Champion Lane has been realigned and will connect W. 6th Street with Overland Drive.

3.      Revise Drainage Study per City Stormwater Management Coordinator’s approval.

Completed. The Stormwater Engineer has reviewed and approved the revised stormwater drainage study.

4.      Completion of downstream wastewater analysis per City Policy.

Completed. The downstream sewer study was approved by City Utilities on March 29, 2007.  The downstream sewer study would need to be updated for any use changes since this time.

5.      Provision of allowed uses on face of development plan according to approved list from October 24, 2005 Planning Commission meeting with drive-thrus limited to two restaurants, one bank, and one other (non-restaurant use, such as a pharmacy drive-thru).

REQUIRES FURTHER APPROVAL BY CITY COMMISSION. Revised development plan now shows five drive-thrus (three restaurants, one bank and one pharmacy drive-thrus plus the auto-service pull-thru). Staff would recommend that as part of the motion to approve the Bauer Farm PDP, that the City Commission also approve an increase in the number of restaurants with a drive-thru from 2 to 3.

6.      Provision of draft covenants and restrictions and property owner association guidelines, including architectural elements/patterns, for review and response by Planning Office.

Completed. Draft covenants and restrictions have been submitted and reviewed. The applicant would need to record the covenant, conditions and restrictions at the Register of Deed’s Office, along with the Final Plat(s) and Final Development Plan(s).

7.      Approval of requested four Waivers and three modified Subdivision Design Standards for:

·         Waiver 1. Lot size. 

“B – Starter Homes”, lot widths of 35’ x 100’ lot depths. Footprint dimensions of townhouses of 20’ x 40’.

 

·         Waiver 2. Periphery Boundary.

2a. 30 feet commercial peripheral to 10’ setbacks on W. 6th Street, 17’ setback on Wakarusa Drive, 10’ setback on Overland Drive, and 10’ setback on Folks Road;

2b. 35 feet residential peripheral to 10’ setbacks on Overland Drive, 10’ setbacks on Folks Road, and 16’ setbacks on W. 6th Street; and

2c. No peripheral boundary setback between the PUD areas within Bauer Farm.

 

·         Waiver 3. Residential Setbacks.

3a. Distances less than 10’ between the “A” Custom Homes and “B” Starter Homes and between the Cottages above the “A” garages and the “B” Starter Homes; and

3b. Residential front yard setbacks of approximately 10 feet, and side and rear yard setbacks less than 10 feet; providing the structures are designed to meet the building code requirements for zero setback.

 

·         Waiver 4. Commercial Setbacks.

Commercial building setback as close as 10’ on W. 6th Street, 17 feet on Wakarusa Drive, and 10’ on Champion Lane (if the northern leg is not vacated or depending upon relocation of Champion Lane).

 

·         Subdivision Design Standard 1. Offset streets.

Local streets intersecting opposite sides less than 125 feet.

 

·         Subdivision Deign Standard 2. Alleyways.

Alleyways within the residential areas of the subdivision.

 

·         Subdivision Design Standards 3. (Private) Street width

Local private street widths of 20 feet B-B (back-of-curb to back-of-curb).

 

Completed. The waivers and subdivision standards previously approved by the Planning Commission are noted on the Bauer Farm PDP Sheet 4 - General Note 38.

 

8.      Elimination of 50’ Setback by text amendment by City Commission, BZA variance on the setback or revised PDP to include the setback.

On June 20, 2006, the City Commission approved Ordinance No. 8004, eliminating the 50’ building and parking setback line measured from the property line along West Sixth Street, from Wakarusa Drive to Folks Road, by text amendment to the Zoning Code (Section 21-1201).

Section 20-814(a)(2) of the Development Code now reads, “Building and parking setback lines are hereby established on certain major street or highways as follows: (i) West Sixth Street from K10 (South Lawrence Trafficway) to Wakarusa Drive and West Sixth Street from Monterey Way to Folks Road: a Setback Line of 50 feet. (3) Building setback limits on West Sixth Street from Wakarusa Drive to Folks Road shall be based on the approved zoning for each tract of land.”

9.      Agreement not to protest formation of benefit districts for signalization and/or geometrics at the following sites:

    1. 6th and Champion;
    2. Overland and Wakarusa; and
    3. Folks and Overland.

 

Completed. Agreements Not to Protest Formation of Benefit Districts have been signed for:

  • Construction of signalization and/or geometric improvements at the intersection of W. 6th Street and Champion Lane.
  • Construction of signalization and/or geometric improvements at the intersection of Overland and Wakarusa Drives.
  • Construction of signalization and/or geometric improvements at the intersection of Folks Road and Overland Drive.

 

In addition, Sheet 4, General Note No. 4 includes that the owner has agreed to provide written Agreement not to Protest Formation of a Benefit District for the widening of Overland Drive between the intersections with Folks Road and Wakarusa Drive and the widening of Folks Road between the intersections with Overland Drive and W. 6th Street.

 

A condition should be required for the current owners of Bauer Farm to provide written agreements not to protest formation of a benefit district for the widening of Overland Drive between the intersections with Folks Road and Wakarusa Drive and the widening of Folks Road between the intersections with Overland Drive and W. 6th Street.

 

10.  Revised PDP to include estimated phasing and schedule of construction.

Completed. An estimated phasing schedule has been submitted and is shown on Sheet 1 of the Preliminary Development Plan for Bauer Farm. The phasing notes, “Development phasing lines as shown are preliminary and are subject to modification at developer’s discretion. Alphabetical [sub]phase designations do not denote sequence of construction. Public improvements associated with each phase to be provided via private funding or via benefit district financing [subject to public hearing].

Phasing would be shown on the Final Development Plan, which would need to be reviewed and approved by the Planning Commission.

11.  Provision of notes regarding ADA and accessibility.

Completed. Sheet four, General Note No. 18 states “This plan has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, Appendix A to 28 CFR part 36.” General Note No. 19 states, “ADA accessible parking spaces and aisles will be signed and painted in accordance with ADAAG.” General Note No. 20 states, “ADA remaps will be installed in accordance with ADAAG and City of Lawrence Standards.”

12.  Proposed Future Phase Hotel/Convention Center area not to allow commercial retail uses.

Area revised, the prior hotel/convention center at the northwest portion of the project (Block Six, Lot 2) now shows 3 buildings: two 3-story multiple-dwelling residential buildings (108 2-bedroom apartment units - total of 114,000 Gross Square Feet) plus a 3,100 GSF clubhouse with outdoor swimming pool.