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PLANNING COMMISSION REPORT Regular
Agenda -Public Hearing Item |
ITEM NO. 2
PDP-02-02-08: Preliminary Development
Plan for
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STAFF
RECOMMENDATION: WAIVERS - Planning Staff recommends approval
of the following waivers and variances for University Park Preliminary
Development Plan: A. Waiver from the minimum lot size for RS7 lots from 7,000 square feet
to a range of 4,441 to 8,183 square feet with the average lot size of 5,729 square
feet. B. Waiver from the required front yard setback from 25’ to 15’. C.. Waiver from standard requiring sidewalks on both sides of streets,
allowing project not to have a sidewalk on the south side of D.
Waiver
from the required 60’ peripheral boundary between a Planned Development and
abutting properties:
i.
Setbacks
vary (from proposed 10’, 15’ and 20’ along the periphery where adjacent
properties have rear yard setbacks of 30’.
ii.
Minimum PDP lot sizes along periphery boundaries
vary from 5,044 square feet to 8,183 square feet. Abutting properties range
in size from 7,950 to 12,617 square feet. E. Variance from Section 20-810(10)(v) to
allow for a dead-end private alley located on F. Variance from Section 20-810(d)(4)(i) to
allow for 50’ wide right-of-way for local roads with additional adjoining 5’
and 10’ Utility easements. STAFF
RECOMMENDATION: Planning Staff
recommends approval of the University Park Preliminary Development Plan based
upon the findings of fact presented in the body of the Staff Report and forwarding
the PDP to the City Commission for approval, subject to the following
conditions (This recommendation includes the Planning Commission’s approval
of the preliminary plat and the City Commission’s acceptance of the
dedication of rights-of-way and easements). 1.
The approved uses for the University Park PD shall only
be detached single-family dwellings, common open space, and additional land
dedicated to the City’s 2.
As required by subdivision regulations, street and
sidewalk connections from 3.
An Agreement Not to Protest the Formation of a Future Benefit
District for geometric and infrastructure improvements to Iowa Street (street
widening, sidewalks, and turning lanes) shall be executed by the applicant
and provided to the Planning Office prior to recording of the Final
Development Plan. 4.
Provision
of a revised Preliminary Development Plan with the following changes: a.
Provide valley gutter and concrete apron on the west side
of b.
Per Section 20-1304(iii)(u) provide at least one
north-south and one east-west elevation across the site to show typical site
layout and grade. c.
Per Sections 20-812(a)(3)(i) and 20-1304(d)(3)(g),
provide grades of the proposed streets. d.
Provide a hammer-head or turn-around to be shown on the
PDP at the east end of e.
Provide for the permanent closure of existing driveways
on f.
Provide for the required water distribution main along g.
Deletion of the waiver regarding reduction of Common Open
Space, as the waiver is not needed. h.
Improvements to the park area as reflected on the
Preliminary Development Plan will be completed by the i.
Modify General Note No. 5 to read: “Construction of
public improvements shown shall be provided through the formation of a
benefit district or financed by the developer.” (Note - Water line
installations for a subdivision are typically done by the developer and not
through a benefit district.) j.
Provision for additional screening meeting a Type 1
bufferyard between k.
Addition of the following general note to the PDP, “Each
Single-Family Dwelling shall be no more than 2 stories in height. A lower
drive-out level is also allowed in the back of the dwelling for a garage.” 5.
Submittal and approval of public improvement plans to
Public Works Department and Utilities Department prior to the submittal of
the Final Development Plan. |
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Applicant’s
Description of project: |
“This project is based on a
New Urban Neighborhood concept which will locate the garages of each
residence at the rear of each parcel and off the public right-of-way.
Vehicular access will be gained from shared driveways or alleys at the rear
of the lots. This will be a pedestrian oriented neighborhood with sidewalks
on both sides of the streets and others that meander and connect with
adjoining neighborhoods. Each dwelling will be required to have a covered
front porch setback from the front property line fifteen feet to encourage
outdoor activity and neighborhood interaction.” |
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KEY POINTS ·
Environmentally
sensitive features include wooded areas and the historic quarry weigh station
stone building located on the subject property. ·
Subject
area is considered to be an infill project. ·
Waivers
are being requested for lot sizes, building setbacks, remaining common open
space after the dedication of additional park land to the City, setbacks and
lot sizes within the 60’ peripheral of the property boundary. |
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FACTORS TO CONSIDER ·
Compliance with Article 7 Planned
Developments, Article 8 Preliminary Plats, Article 11-01 ·
Conformance with Horizon 2020. |
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ASSOCIATED
CASES/OTHER ACTION REQUIRED REZONING ·
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DEVELOPMENT ·
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Submittal and administrative approval of Final Development Plan. ·
Recording of Final Development Plan with the PLATTING ·
PDP acts as Preliminary Plat and is reviewed for conformance
with Article 20-8. ·
Submittal and administrative approval of Final Plat. ·
Public Improvement Plans submission to City Public Works and
Utilities Departments. ·
Recording of Final Plat with the |
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PUBLIC COMMENT RECEIVED PRIOR
TO PRINTING ·
Prior
written comments - Item 4, March 24,
2008, Planning Commission. ·
Minutes
of the March Planning Commission meeting on this item (Item 4, March 24,
2008). |
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General information |
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Current Zoning and Land Use: |
RS7 (Single-Dwelling Residential) Zoning
District; Existing 8 parcels of land containing 4 existing residences and
undeveloped platted right-of-way. |
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Surrounding Zoning: |
RS7 (Single-Dwelling
Residential) and RSO (Single-Dwelling Office) Zoning Districts to the north;
existing single-family homes. RS7 (Single-Dwelling
Residential) and RM12 (Multi-Dwelling Residential) Zoning Districts across RS7 (Single-Dwelling
Residential) Zoning District to the south; existing single-family homes
located off of PUD [Meadowbrook] (Planned Unit
Development) Zoning District to the west; existing multiple-dwellings and
apartment complex. |
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SITE SUMMARY
40 42 Single-family
Dwellings
Gross Area: 9.27
Acres
ROW dedication to
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Open Space Required (20%) 1.77
Acres
Tract A1 0.10
Acre
Tract A4 0.04
Acre
Tract B4 1.63
Acre
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Open Space Provided 1.77
Acres
The total University Park Boundary is less than the existing 9.27 acre
gross area, due to required dedication of additional right-of-way to
The applicant will be dedicating 1.63 acres of their property adjacent
to
Regulations for a Planned
Development
Article 7 of the Development Code of the City of
Per Section 20-701 the purpose of Planned Development regulations are
intended to:
1)
ensure
development that is consistent with the Comprehensive Plan;
2)
ensure
that development can be conveniently, efficiently and economically served by
existing and planned utilities and services;
3)
allow
design flexibility that results in greater public benefits than could be
achieved using conventional zoning district regulations;
4)
preserve
environmentally and historic resources; and
5)
promote
attractive and functional residential, nonresidential, and mixed-use
developments that are compatible with the character of the surrounding area.
Planned Developments shall be reviewed and approved in accordance with
the procedures of Section 20-1304 (Development Review Procedures - Planned
Developments). Planned Development (PD) Overlay Districts are established
through the approval of zoning map amendments. PD zoning map amendments shall
only be processed concurrently with a Preliminary Development Plan application.
Final Development Plan approval is required after approval of the zoning map
amendment and Preliminary Development Plan.
The Preliminary Development Plan acts as the Preliminary Plat for the
property. Approval of the Preliminary Development Plan constitutes approval of
a Preliminary Plat.
A PD applicant shall include a comparison of the proposed development
with the standards of the base district and the otherwise applicable standards
of the Development Code. Applications shall also include a statement by the
applicant describing how the proposed development provides greater benefits to
the City than would a development carried out in accordance with otherwise
applicable Development Code standards.
The minimum area for a PD district is five acres.
As a condition of approval, the Planning Commission or City Commission
may designate by ordinance or as a note on the face of the development plan,
any specific use, structure or building type which shall be restricted and
excluded as part of the Planned Development Overlay District. The City Commission
may modify the following standards during the PD approval process. Standards
not listed are not eligible for modification.
STANDARDS ELIGIBLE FOR
MODIFICATIONS
1. Allowed Uses
The Planning Commission shall recommend, and the City Commission shall
approve, a list of uses allowed in a PD at the time of PD preliminary approval.
Regardless of the fact that the approved uses may be determined by reference to
a base district, the list of approved uses shall be incorporated and made a
condition of the PD approval.
2.
The minimum lot size standards of the base district may be reduced by
the City Commission, provided that lot sizes shall be adequate to safely
accommodate all proposed building and site features.
3. Residential Density
The City Commission may increase the maximum density beyond that of the
base district by up to 25% if the City Commission determines that such an
increase is warranted to support the public benefit likely to result form the
proposed development.
4. The minimum setback standards of the base district may be reduced by
the City Commission, provided that:
a.
Buildings
located within the PD, and along any district boundary that is adjacent to RS
and or RM zoning districts shall be setback a distance at least equal to the
height of the proposed building; and
b.
All
exterior walls of detached buildings shall be separated by a minimum distance
of 10 feet.
c.
Balconies
shall not be located along peripheral site setbacks adjacent to RS zoned
properties unless privacy screening and landscaping is included in the design.
COMMON OPEN SPACE
Section 20-1701 defines Common Open Space as: “A parcel of land, water, water course, or drainageway within a site
designated for a planned development or cluster housing project, designated and
intended for the use of enjoyment of all the residents and landowners of the
planned development or cluster housing project. Common open space, except for
common open space designated as natural open space, may contain such
supplementary structures and improvements as are necessary and appropriate for
the benefit and enjoyment of all the residents and landowners of the planned
development or cluster housing project. Common open space shall not include
space devoted to streets and parking areas.”
The PD shall include at least the amount of common open space computed
using one of the following formulas, whichever produces the largest number;
i)
20% of
the total area included in the PD; or
ii)
300
square feet for each proposed development unit in the PD.
At least one-half of the proposed common open space shall be suitable
for use as and proposed for development as recreational open space.
PRELIMINARY DEVELOPMENT PLAN
EVALUATION
The proposed Preliminary Development Plan for University Park has been
evaluated based upon findings of fact and conclusions per Section 20-1304(d)(9)
(Planned Developments) of the Development Code for the City of Lawrence,
requiring consideration of the following nine items:
1) The Preliminary Development Plan’s consistency with the Comprehensive
Plan of the City.
Staff Finding – The proposed development complies with the
general land use provisions found in Horizon
2020. A low-density single-dwelling development is being proposed with a
maximum of 40 42 detached homes developed through the requirements
for a Planned Development.
2) Preliminary Development Plan’s
consistency with the Planned Development standards of Section 20-701 including
the statement of purpose. (The statement of purpose of planned unit
developments is found in Section 20-701(a) of the Development Code]
The purpose statement includes the following:
a) Ensure
development that is consistent with the comprehensive plan.
As discussed in the rezoning request
[Z-02-05-08] the development is consistent with the comprehensive plan.
b) Ensure
that development can be conveniently, efficiently and economically served by
existing and planned utilities and services.
This project is considered to be infill and
will connect to and be served by existing municipal water and sanitary sewer
services. Utilities Department is requesting a condition for the applicant to
provide a water distribution main (8” diameter) along
c) Allow
design flexibility which results in greater public benefits than could be
achieved using conventional zoning district regulations.
This area could not be developed as a
conventional RS7 District, as the Development Code requires that properties
containing significant amounts of environmentally sensitive lands, as defined
by Code, must be developed as a Planned Development. Planned Developments
require greater amounts of common open space than conventional zoning
districts. The benefit of requiring development through the planned development
process is the ability to address the design of the site and the impact on the
environmental features at the preliminary plat stage (Preliminary Development
Plan) and conserve as many of the environmentally sensitive features as
possible. The development will be dedicating to the City approximately 1.61
1.63 aces of wooded area for addition to the existing two-thirds acre
d) Preserve
environmental and historic resources.
The environmental resources in the area
include heavily wooded areas (south side of the extension of 1.61 1.63
acres of wooded lands to the City for expansion of the adjacent 0.67 acre Quarry
Park.
There is an existing historic stone building
located to the east side of
The applicant is proposing to have the Quarry
Weigh Station stone building relocated north of the existing location onto an
area which they will dedicate to the City for additional parkland. The current
location of the weigh station will then be used for 2 residential lots which
have been reoriented from what the Planning Commission reviewed in March, from
fronting on the alley to fronting on
e) Promote
attractive and functional residential, nonresidential, and mixed-use
developments that are compatible with the character of the surrounding area.
The proposed development, as conditioned, meets the standards for a
Planned Development in Article 701, with waivers or modifications being
requested. The proposed development meets the minimum area requirement for a PD
district. The applicant is requesting that the
Section 20-701(j) requires that development within 60 feet of the
peripheral boundary of the PD be limited to use category, heights, setbacks and
minimum lot sizes permitted in the zoning district immediately adjoining the
proposed PD on the date of preliminary development plan approval and must
include a landscaped buffer. The
applicant is requesting a waiver from the buffer requirement due to the unique
nature of the site and that this project will provide linkages to the north,
east, south and west in a manner which will facilitate and improve the overall
neighborhood.
The landscaping requirements of Article 10 apply to this development,
except as expressly authorized by Section 20-701.
The applicant is furnishing and installing (F&I) 6’ high solid view
reducing sections of fence between the end of the driveways on the peripheral
lots and the properties on the north and west sides of the project.
Staff Finding – The proposed Preliminary Development Plan is
consistent with the Statement of Purpose of Planned Development. The proposed Preliminary Development Plan, as
conditioned, is consistent with the standards of Section 20-701 of the
Development Code with the exception of the required buffer along the perimeter
of the property, and the applicant has requested a modification from the
3) The nature and extent of the
common open space in the Planned Development.
Portions of the sensitive lands which include heavily wooded areas will
be protected and will be dedicated to the City for the expansion of
Staff Finding – The proposed Preliminary Development Plan is
required to provide a minimum of 20% of the Planned Development as common open
space as defined in Section 20-1701. Approximately 1.61 1.63 acres of this common open space
will be dedicated to the City as additional land for Quarry Park, which will be
available for use by the residents of University Park, the surrounding
neighborhood and the general public. A walking trail (6’ wide concrete) will be
provided by the applicant, that will meander through the park.
4) The reliability of the proposals for maintenance and conservation of
the common open space.
The area dedicated to the City for addition to
Staff Finding –The City will own and maintain the open space
dedicated as additional land for
5) The adequacy or inadequacy
of the amount and function of the common open space in terms of the densities
and dwelling types proposed in the plan.
Staff Finding – Tract B4 (1.63 acres) is heavily wooded and will
be dedicated to the City for additional land for Quarry Park, which is proposed
to remain in a fairly natural state with a new 6’ wide concrete nature trail
which will meander through the park.
As the existing
6) Whether the Preliminary Development Plan makes adequate provisions
for public services, provides adequate control over vehicular traffic, and
furthers the amenities of light and air, recreation and visual enjoyment.
The subdivision standards (Sections 20-809(6) and 20-810(d)(2)(i))
require that
The development is designed to further the amenities of light and air,
recreation and visual enjoyment. 1.61 1.63 acres of the existing
wooded area will be dedicated to the city and conserved in the natural state to
provide visual and recreational enjoyment.
Staff Finding –The Preliminary Development Plan has made adequate
provisions for public services and provides adequate control over vehicular
traffic. The plan furthers the amenities of light and air, recreation and
visual enjoyment through the provision of common open space, and open
recreation space.
7) Whether the plan will
measurable and adversely impact development or conservation of the neighborhood
area by:
a) doubling or more the traffic
generated by the neighborhood;
b) proposing housing types,
building heights or building massings that are incompatible with the
established neighborhood pattern; or
c) increasing the residential
density 34% or more above the density of adjacent residential properties.
Staff Finding –Staff has determined that the Preliminary
Development Plan will not have measurable and adverse impact on the development
or conservation of the neighborhood area. The density is less than or similar
to the surrounding residential zoning district.
8) Whether potential adverse
impacts have been mitigated to the maximum practical extent.
Potential adverse traffic impacts to the 14 houses on
Approximately 1.61 1.63
acres of addition public park land for Quarry Park, a nature trail meandering
through the park and connecting sidewalks throughout the subdivision will be
provided by this project.
University students living west of this project will be able to more
easily bicycle over to the University without having to trespass over property
at the current east end of University Drive.
The stubbed out right-of-way at
The following additional conditions, per the applicant are
noted on the proposed Preliminary Development Plan (Under Additional
Conditions):
1.
No more than three (3) unrelated individuals may reside in any
dwelling unit as pre current City Code.
2.
All single-family structures shall be constructed with covered
front porches.
3.
All single-family structures shall be constructed with enclosed
garages, located to the rear of each lot or below and at the rear of
each lot.
Staff Finding –
9) The sufficiency of the terms
and conditions proposed to protect the interest of the public and the residents
of the Planned Unit Development in the case of a plan that proposes development
over a period of years.
Staff Finding- The project is not proposed to be phased.
LANDSCAPING, SCREENING, MASTER
STREET TREE PLAN
Per Section 20-701(j)(2) a landscaped buffer, including a berm (minimum
of 4’ in height), a masonry wall (minimum of 6’ in height) or a fence (minimum
of 6’ in height), should be required along the north property boundary of the
PDP and the west property boundaries of Block Two, Lot 3 and Block Three, Lot 3. The applicant is furnishing and installing
(F&I) 6’ high solid view reducing sections of fence between the end of the
driveways on the peripheral lots and the properties on the north and west sides
of the project.
Per Section 20-1304(iii)(u) the Preliminary Development Plan will need
to provide at least one north-south and one east-west elevation across the site
to show typical site layout and grade.
PARKS AND RECREATION ADVISORY
BOARD
The Parks and Recreation Advisory Board minutes of their meeting on
February 12, 2008 included the following on the proposed
“Item V. Allen Belot, an
independent architect, presented his development plans for the
University/Quarry park area. It is 9 ¼ acres of land owned by four different
proprietors. Belot’s development is going to be marketed to seniors or older
citizens which are similar to the Briarwood division with alley access, shared
driveways, and small lots with zero maintenance. The current property owned by
the City isn’t able to be developed, is hard to get to and doesn’t function or
is currently not versatile for park development. Belot would like to donate two
parcels for the city to expand the park area to make it about a full acre of
land. He would also add in concrete walking trails through the entire area to
make the park more useful to the neighborhood and preserve the nature area as
much as possible. Belot said he would bear the cost of the sidewalk (concrete)
installation. Park and Recreation would then maintain the trail once completed.
The Board saw the project as a win/win situation for Parks and Recreation and
Belot’s development. Motion was made in support of Belot’s donation and
development of trails with the park, motion made by Barth and seconded by
Bracciano. Motion carried 5-0.”
Note: since the February 12th Parks and Recreation Advisory
Board meeting, the University Park PDP has been revised to increase the amount
of park land to be dedicated to Quarry Park to approximately 1.61 1.63 acres.
SUMMARY
The 8.86 acre University Park Preliminary Development Plan proposes to
construct 40 42 single-family dwellings as an infill project. The
1.61 1.63 acres of wooded areas of their
property to the City, which will provide additional natural parkland to the
City’s adjacent 0.67 acre Quarry Park.
The applicant has submitted several revisions with modifications to their
Development Plan in an attempt to meet the Development Code requirements and
the review comments as provided by City Staff and reviewing agencies. The PDP
being reviewed by the Planning Commission and City Commission is the revision
dated 05.06.08. This revision was submitted to the Planning Office on May 6, 2008.
Planning Staff recommends approval of the University Park Preliminary
Development Plan based upon the findings of fact presented in the body of this
report and forwarding the PDP to the City Commission for approval, subject to
the recommended conditions as listed on pages 1 and 2. This recommendation also
includes the Planning Commission’s approval of the Preliminary Plat and the
City Commission’s acceptance of the dedication of rights-of-way and easements.
Following an approval of the Preliminary Development Plan by the City
Commission, a Final Plat and Final Development Plan would then be submitted to
the Planning Director for administrative approval per the requirements of the
Development Code and in conformance with the approved University Park PDP.