PC Minutes 3/28/18

ITEM NO.  1A      REZONING FROM RM12 & RM12 UC TO RM32; 929 ARKANSAS ST (SLD)

 

Z-18-00024: Consider a request to rezone approximately .82 acres from RM12 (Multi-Dwelling Residential) District and RM12 UC (Multi-Dwelling Residential Urban Conservation Overlay) District to RM32 (Multi-Dwelling Residential) District, located at 929 Arkansas St. Submitted by Paul Werner Architects, for DJC Holdings LLC, property owner of record.

 

ITEM NO.  1B      VARIANCE; 929 ARKANSAS ST; 913, 931, 935 MICHIGAN ST; 1000 EMERY RD (SLD)

 

MS-18-00046: Consider a variance from the right-of-way width and for terminating Michigan Street without a cul-de-sac for a Minor Subdivision (lot combination) for Sinclair’s Addition No. 2, located at 929 Arkansas, 913, 931, 935 Michigan Street and 1000 Emery Road. Submitted by BG Consultants, on behalf of DJC Holdings LLC, Kirsten & Robin Krug, property owner of record.

 

STAFF PRESENTATION

Ms. Sandra Day presented Items 1A-1B together.

 

APPLICANT PRESENTATION

Mr. Paul Werner, Paul Werner Architects, said this was a good infill project. He stated the real work would be on the west side of the property and was outside the Oread Neighborhood. He said the property was in bad shape. He said this would solve the existing parking and access around the property. He said 18 of the 21 units would be one bedroom.

 

PUBLIC HEARING

Ms. Candice Davis recapped a letter from Ms. Linda Haskins who lived on 10th Street. She said Ms. Haskins requested Planning Commission vote in opposition of the rezoning because it did not take into account the needs of the neighborhood or other property owners. She said the Oread Neighborhood Plan was completed about 7 ½ years ago and the Urban Overlay District and Oread Neighborhood Guidelines were approved last year. She said the documents represented years of work from the neighborhood. She said she supported improvements but wanted to see it worked within the parameters that exist. She did not support the zoning change request.

 

Mr. Kyle Thompson read the League of Women Voter letter that was not included in the packet due to it being received after the deadline:

“The League concurs that it is preferable to have an entire parcel located in one uniform district. The staff report comments that “The development pattern along the east side of Michigan Street is not proposed to be altered by the change in zoning or modifying the platted lot lines.”  However the new proposed parking for the duplex dwellings on Arkansas Street is a significant change to the development pattern. 

The argument presented by the applicant for terminating Michigan Street without a cul-de-sac is that “Approval of the variance to terminate Michigan Street in a code compliant cul-de-sac would reduce the area allowed to redevelop.” Providing an easement in lieu of the right-of-way recognizes the need for reasonable vehicular access and turning movement, exactly the reasons that right-of-way is required.

The League appreciates the submittal of a “concept site plan” with this request.  That site plan indicates a pattern of development that is inconsistent with the patterns within the Oread Neighborhood. A large parking lot behind duplex housing and parking areas on two sides of a single-family residence are consistent with intense urban development and not respectful of those lower density uses. It is not clear that covered parking could be developed for the single-family uses in the future.

The League recognizes that the current development in this area could be improved but is concerned that the proposal for the highest density zoning in combination with the vacation of right-of-way allows for an intensity of development that is inappropriate given the adjacent lower density properties.”

Mr. Thompson said he was confused by the project and maps and originally thought 929 Arkansas would become RM32.

 

APPLICANT CLOSING COMMENT

Mr. Werner said the real work would be on the west side, outside of the Oread Neighborhood. He said the cul-de-sac worked and people would be able to get around the parking lot. 

 

COMMISSION DISCUSSION

Commissioner Struckhoff said the site was in need of some serious attention. He felt this was a suitable project with the real work happening on the west side of proposed Michigan Street improvement and parking lot. He said he was sensitive to the slight encroachment of RM32 zoning into RM12 but that this would be an improvement to the area that was very much needed. He felt it was suitable to the existing zoning on the west side of the street.

 

Commissioner Sands asked if the lots zoned RM12 would change.

 

Ms. Day said the lot lines would change a little bit.

 

Mr. McCullough said the zoning would not change.

 

Commissioner Willey inquired about the sidewalk on the west side of Emery and right-of-way on the east.

 

Ms. Day said the right-of-way was from the center line of the road. She said the property owner may be asked to dedicate 5’ of right-of-way. She said there were no plans at this time to look at sidewalks on the west side of Emery. She said they were still working through the Site Plan so she was not sure yet if a sidewalk would be recommended.

 

Ms. Day said there would be sidewalk connectivity through the development to the public sidewalk.

 

Commissioner Paden asked about the width of the sidewalk.

 

Mr. McCullough said it would probably be a normal 5-6’ sidewalk.

 

Commissioner Kelly said the property on the east side of Michigan was within the Oread Neighborhood and currently zoned RM12-UC. He said to the west of Michigan was not in the Oread Neighborhood and zoned RM32. He asked if the developer could build an RM32 building under the current zoning.

 

Mr. McCullough said the zoning would allow an RM32 building but the cul-de-sac would have constraints. He said staff does not encourage split zoning and they view it as a clean up to match zoning lines.

 

Commissioner Willey said the new access and parking lot was much better for emergency access. She said overall it was a fairly urbanized area and infill would add to that in a good way. She said she was inclined to support the rezoning.

 

Commissioner Sands asked Ms. Davis about making considerations for the neighborhood. He asked what her specific concerns were.

 

Ms. Davis said initially it looked like it would impact lots on Arkansas Street but that did not appear to be the case now.

 

Commissioner Sands said the Oread Design Guidelines were recently approved and now they were changing it.

 

Commissioner Kelly said there was nothing changing the Oread Design Guidelines. He said he supported it because they were honoring those guidelines. He said it would add parking to an area where parking was an issue. He thought it was a nice way of keeping the Oread Neighborhood in RM12. He said the project was cleaning it up and adding benefits such as better parking, draining, curbs, and sidewalks.

 

Commissioner Paden wondered if it really fit. She thought it felt more like a West Lawrence development with a parking lot.

 

Mr. McCullough said there were multi-dwelling and parking lots in the area. He said Planning Commission had a zoning before them and what she was referring to was more of a site plan issue.

 

Ms. Day showed on the overhead an aerial of the area.

 

Commissioner Carpenter said the rezoning appeared to be cleaning up the boundary. He thought the boundary was odd by not including Michigan in the Oread neighborhood. He said it was a very creative cul-de-sac design and felt it was a good solution.

 

ACTION TAKEN on Item 1A

Motioned by Commissioner Struckhoff, seconded by Commissioner Carpenter, to approve the request to rezone approximately .82 acres, located at 929 Arkansas St, from RM12 (Multi-Dwelling Residential) District and RM12 UC (Multi-Dwelling Residential Urban Conservation Overlay) District to RM32 (Multi-Dwelling Residential) District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval.

 

          Unanimously approved 10-0.

 

ACTION TAKEN on Item 1B

Motioned by Commissioner Struckhoff, seconded by Commissioner Carpenter, to approve the variance requested for a Minor Subdivision, MS-18-00046, to reduce the right-of-way, required per Section 20-810(a)(5) for a local street, from 60’ to 50’ and to approve the variance to terminate Michigan Street in a dead-end in accordance with the provisions per section 20-813(g) of the Land Development Code for property located at 929 Arkansas, 913, 931, 935 Michigan Street and 1000 Emery Road.

 

          Unanimously approved 10-0.