PC Minutes 3/24/08
ITEM NO. 4A RS7 TO RS7-PD; 9.27 ACRES; 1301 IOWA (PGP)
Z-02-05-08: A request to rezone approximately 9.27 acres from RS7 (Single-Dwelling Residential) to RS7-PD (Single-Dwelling Residential Planned Development Overlay). The property is located along the west side of Iowa Street between Stratford Road and approximately 200 feet south of University Drive. Submitted by Allen Belot Architect for the applicant Mt. Oread Development LLC, contact David Butler.
ITEM NO. 4B PRELIMINARY DEVELOPMENT PLAN FOR UNIVERSITY PARK; 1301 IOWA (PGP)
PDP-02-02-08: Preliminary Development Plan for University Park, located at 1301 Iowa Street. The plan proposes an infill development containing 40 single family homes on approximately 9.27 acres. Submitted by Allen Belot, on behalf of Mt. Oread Development LLC, for Calvin & Annaliese Engelman, Robert Green Trustee, Joan Huber and 7G’s LLC, property owners of record.
STAFF PRESENTATION
Mr. Paul Patterson presented items 4A & 4B together.
Mr. Matt Bond, City Stormwater Engineer, showed a map of the existing topography. He explained natural flow and proposed system. He said that the biggest change would be the flow of water. He stated that basins will hold water for 12-24 hours after rain.
Commissioner Harris asked if the entire property drains to the park.
Bond stated that all except a little piece on Iowa Street.
Commissioner Harris asked Mr. Bond if he has read the concerns of the neighbors and if he thought this would help.
Mr. Bond said yes he read the concerns and this will help with the concerns.
(A gentleman from the audience who did not state his name), Chair of Parks and Recreation Advisory Board, stated that having the park used by the public would be good. He would like more details about how the land will be developed.
APPLICANT PRESENTATION
Mr. Allen Belot, agreed with Mr. Patterson’s presentation. He felt this was a good infill development. He tried to use the existing topography so as not to do a lot of excavation and by putting the garages in the back would be using the natural elevation. He stated that the alleys are not at the same level so connecting is not practical. He objected to ‘walling off’ the development from the neighborhood. He did not have a problem with preserving the historic weigh station. His only concern was erosion that has built up dirt around the slab.
Commissioner Lawson asked Mr. Belot to walk the Commission through the entrance and exist of the project with respect to Iowa.
Mr. Belot said he met with KDOT and they approved this plan contingent upon Terrace Road being closed off and moved closer to Kansas University and Bob Billings Parkway.
Commissioner Lawson asked the applicant if they had considered a lower density, especially along the north edge.
Mr. Belot said they did not.
Commissioner Lawson asked if the entrance onto Iowa was supposed to be full access.
Mr. Belot replied, yes.
Commissioner Lawson inquired about the square footage of the houses.
Mr. Belot said the houses would be around 1800 square feet.
Commissioner Lawson inquired about a fence.
Mr. Belot said it was a requirement that the PDP must be walled off and that the home owners association would maintain it.
Commissioner Lawson inquired about the weigh station.
Mr. Belot said the building would be preserved and become part of the park.
Commissioner Harris inquired about Mr. Belot’s interaction with the public.
Mr. Belot said he has been working on the project for two years and have met with quite a few people in the past year. He said this project has not been a secret and that it has pretty much been the same plan for the past few years.
Commissioner Harris asked if Terrace Road would be cut off.
Mr. Belot replied, yes.
Commissioner Harris asked if Terrace Road could be turned into a bulb-out for deliveries.
Mr. Belot said there was not enough right-of-way for that.
PUBLIC HEARING
Mr. Bob Lichtwardt was concerned about the valid covenant signed by all property owners. They do not agree with Staffs interpretation that an alley can substitute as a street. He recapped his letter that he submitted as correspondence. He was concerned that there are things about the plan that violate the covenant. He would like for all lot and structures to conform to the Rockledge Addition covenant and that the covenant be put on all plats. He said that if the plan was accepted with the covenant being violated it would jeopardize the neighborhood for future development.
Commissioner Hird stated that the neighborhood had the right to enforce the covenant.
Mr. Lichtwardt said that going to court would not be desirable.
Ms. Betty Lichtwardt, League of Women Voters, referenced the letter they sent. She felt the waivers would set precedence.
Mr. Bill K. ?? (did not sign in), neighbor, spoke about section 20-701j. which requires buffering to protect neighborhoods from less desirable ones. He was opposed to the project.
Lee Eldridge, lives on Oxford, stated he did not want a connection to his street because there are a lot of children who live on the street and he would like to keep the cul de sac in place.
Mr. Paul Kitos, resident of Terrace Road, felt that the development would crowd and pack in houses. He was opposed to the project.
Gweneth Kitos, was concerned about drainage.
Ms. Betty Lichtwardt, 2131 Terrace Road, resident since 1968, was concerned about stormwater runoff and sediments.
Commissioner Finkeldei asked Ms. Lichtwardt what she thought about closing off Terrace Drive.
Ms. Lichtwardt said that all the neighbors agree with that.
Ursela ?? (did not sign in), area neighbor, was concerned about where drivers would turn around if Terrace Drive is closed off.
Commissioner Harris asked Staff if the hammerhead would be installed by KDOT.
Mr. Patterson replied, yes, the alley to the North goes up and it would need to be worked out the dimensions for the hammerhead.
Ms. Susan B. (did not sign in), 2133 Terrace Rd, felt that the development would increase impervious surfaces and increase runoff.
Mr. Steve Heilman, was concerned about drainage.
Ms. Jeannie Pees, President of Sunset Hills Neighborhood Association, said there was a need to have more open dialogue between the developer, Planning Department, neighborhood, and stormwater engineer.
Mr. Mike Goans, representing Lawrence Preservation Alliance, desired to see the weigh house be preserved. He encouraged to have the structure included in the park and covered by the Parks and Recreation Department.
Mr. Joe Mehl, lives on Terrace Road, was concerned about the area being a gully. He said that Sally Lane was too steep for a fire truck or ambulance so it cannot be used as a turnaround.
Ms. Kylee Manahan, 2129 Terrace Road, was concerned about drainage issues.
APPLICANT CLOSING COMMENTS
Mr. Belot said he served on the Board of Zoning Appeals and he did not think that the variance did not set a precedence. He stated that the project met the zoning requirements and that the public alley is meeting all the public requirements. He did not have any objection with screening and buffering.
Commissioner Harris inquired about the setback waivers.
Mr. Belot said that if this was not an infill development he would not ask for the waivers.
COMMISSION DISCUSSION
The Commission discussed the concerns brought up by the public.
Commissioner Finkeldei asked Mr. Bond to respond to some of the public comments.
Mr. Bond showed runoff patters and contours on a map.
ACTION TAKEN ON ITEM 4A
Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the proposed rezoning of approximately 9.27 acres from RS7 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) with a Planned Development District Overlay and forwarding to the City Commission a recommendation for approval based on the findings of fact as found in the body of the staff report.
Motion carried 7-0-1, with Commissioner Jennings abstaining.
ACTION TAKEN ON ITEM 4B
Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, move to approve the following waivers for University Park Preliminary Development Plan with a change to B (20’ to 25’):
A. Waiver from the minimum lot size for RS7 lots from 7,000 square feet to a range of 4,441 to 10,266 square feet with the average lot size of 5,862 square feet.
B. Waiver from the required front yard setback from 20’ to 25’.
C. Waiver from the required Common Open Space of 20% (1.77 acres/8.86 acres) to 1.6% (0.14 acres/8.86 acres), after the dedication of approximately 1.61 acres of park land to the City (1.61 acres/8.86 acres = 18.2%).
D. Waiver from the required 60’ peripheral boundary between a Planned Development and abutting properties:
1.) Setbacks vary (from proposed 10’, 15’, 20’ and location of three existing houses along Iowa Street) along the periphery where adjacent properties have rear yard setbacks of 30’.
2.) Minimum PDP lot sizes along periphery boundaries vary from 5,120 square feet to 8,183 square feet with the average lot size of 6,073 square feet. Abutting properties range in size from 7,950 to 12,617 square feet.
Commissioner Harris said she would vote against this and would like to defer it for one month.
Motion carried 4-3-1, with Commissioner Eichhorn, Finkeldei, Hird, and Moore voting in favor. Commissioners Blaser, Harris, and Lawson voted in opposition. Commissioner Jennings abstained.
Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve 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 are detached single-family dwellings, common open space, and additional land dedicated to the City’s Quarry Park.
2. As required by subdivision regulations, street and sidewalks connection of University Drive to Oxford Road shall be provided at the previously stubbed out right-of-way from Oxford Road ( Terrace Lane), with the improvements connecting to Oxford Road to be provided by the University Park development.
3. 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) must 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. The dead-end north-south alley shall be connected to the east-west alley with turning radii to the approval of the City Engineer, unless waived by City Engineer due to slop changes.
b. Modify General Note No. 10, update the referenced tract/block numbers, and include the dedication of Tract B4 to the City for additional park land to Quarry Park. Tract B4 to be owned and maintained by the City.
c. List the waivers, as approved by the City Commission, within the ‘Waivers Block’ on both the Preliminary Development Plan and Final Development Plan.
d. Provide traffic calming on University Drive to the approval of the City Engineer.
e. Update Additional Condition Note No. 1 to reflect current code section.
f. Relocation of the residential Lot 12, Block 4 (containing the existing Quarry Weigh Station stone building) to the northwest area of Tract B-4, and dedication of the lot containing the Quarry Weigh Station to the City as park land, and relocation of lots containing waivers.
g. Update the referenced tracts on the site summary to correspond with the development plan graphics.
h. Modify ‘Additional Condition Note No. 5’ to agree with the graphic note referencing the signage and fencing for the preservation of the wooded areas.
i. Provide curb and gutter on the west side of Quarry Lane connecting to Terrace Road.
j. Per Section 20-701(j)(2), at a minimum, screening with a 6’ high fence be applied to the northern property boundary of the PDP and the west property boundaries of Block Two, Lot 3 and Block Three, Lot 3 and the property to the south of Quarry Lane.
k. 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.
l. Per Section 20-1304(iii)(v) show the required landscape plan in conformance with Section 20-1001(d).
m. Provide the standard note that the City will not be responsible for any damage due to trash trucks for the private streets and alleys.
n. Per Section 20-1304(d)(3)(s), provide the following note, “We hereby dedicate to the City of Lawrence, the right to regulate any construction over the area designated as common open space, open air recreation area, and non-encroachable area and to prohibit any construction within said areas and spaces inconsistent with the approved use or enjoyment of residents, lessees and owner of the planned development.”
o. Per Section 20-812(a)(5)(ii), provide the Minimum Elevation for a Building foundation Opening (MEBO’s) for lots adjacent to all drainage easements and drainageways.
p. Per Sections 20-812(a)(3)(i) and 20-1304(d)(3)(g), provide grades of the proposed streets.
5. Submittal and approval of public improvement plans to Public Works Department and Utilities Department prior to the submittal of the Final Development Plan.
Motion failed 3-4-1, with Commissioners Eichhorn, Finkeldei, and Moore voting in favor. Commissioners Blaser, Harris, Hird, and Lawson voted in opposition. Commissioner Jennings abstained.
Motioned by Commissioner Harris, seconded by Commissioner Hird, to defer the Preliminary Development Plan for one month to allow staff, developer, stormwater engineer, and neighborhood to meet and discuss issues (stormwater issues, covenant issues, road being close to house, definition of alley versus street, resolve hammerhead/turnaround issue)
Motion carried, 5-2-1, with Commissioners Finkeldei and Moore voting in opposition. Commissioner Jennings abstained.