ITEM NO. 7A:    PID-1 AND M-1 TO PRD-2; 8.83 ACRES; EAST OF RESEARCH

                                    PARK DRIVE AND NORTH OF W. 15TH STREET (PGP)

 

Z-12-51-03:  A request to rezone a tract of land approximately 8.83 acres from PID-1 (Planned Industrial Development) District and M-1 (Research Industrial) District to PRD-2 (Planned Residential Development) District.   The property is generally located north of W. 15th Street and east of Research Park Drive.  Initiated by the Planning Commission on December 17, 2003.  W. David Kimbrell (contract purchaser) and Bobwhite Meadow LP, Mabet #1, and Hi-Tech Facility Investors, are property owners of record.

 

ITEM NO. 7B:    REVISED PRELIMINARY DEVELOPMENT PLAN OREAD WEST                                         OFFICE PARK; NORTH OF W. 15TH STREET WEST OF WAKARUSA                                             DRIVE (PGP)

 

PDP-12-13-03:  Revised Preliminary Development Plan for Oread West Office and a new Preliminary Development Plan for a Planned Residential Park.  This property contains 16.893 acres and the proposal is for eight office buildings, five residential buildings containing 65 dwelling units, and a clubhouse.  The property is generally located north of W. 15th Street and east of Research Park Drive.  Initiated by the Planning Commission on December 17, 2003.  W. David Kimbrell (contract purchaser) and Bobwhite Meadow LP, Mabet #1, and Hi-Tech Facility Investors, are property owners of record.

 

Items 7A & 7B were discussed simultaneously

 

DraftSTAFF PRESENTATION

Mr. Patterson explained the rezoning had been deferred from the December 2003 meeting to allow the developer to modify the request and submit a revised development plan. 

 

Staff recommended approval of the revised rezoning and development plan, subject to several conditions, including a maximum density of 10 dwelling units per acre in the residential sections of the development.

 

Mr. Patterson pointed out a typographical error in the Preliminary Development Plan Staff Report and asked the Commission to revise condition 2f to read “…and 1/200 Net Square Feet for financial institutions.”

 

Mr. Patterson explained the information provided on the impact of removing the proposed amount of light industrial (office-type uses) space from the City’s inventory.  It was established that the City’s desire for more industrial property was geared toward heavy industrial and, given the City’s vacancy rates for light industrial/office uses, the conversion of a portion of the subject area from light industrial to residential use would not pose a significant negative impact.

 

Staff outlined the three waivers associated with the project and responded to questioning that these waivers would allow for a better development:

 

1.                  Reduction to the peripheral boundary setback from 35’ to 0’ for the existing parking lot/existing driveway access (Phase I) on the west side of Lot 1, Final Plat of Oread West No. 11, adjacent to Bob Billings Parkway (W. 15th Street).

2.                  Remove requirements for peripheral setbacks between the industrial (35’) and residential (30’) components within the development, as these setbacks would technically be peripheral since the two components are part of the same integrated Development Plan.

3.                  Allow the retention of the existing access drive to Lot 3, Block 3, University Corporate and Research Park which is located within the northern peripheral setback area.

 

 

APPLICANT PRESENTATION

Tim Herndon, Landplan Engineering, was present to answer questions on behalf of the applicant.  He had no comments beyond agreement with the Staff Report(s).

 

 

PUBLIC HEARING

No member of the public spoke on either of these Items. 

 

 

CLOSING COMMENTS

DraftMr. Patterson reminded the Commission that there were two pending rezonings still tabled from the December agenda for the subject property [Z-10-36-03 & Z-10-37-03].  Mr. Herndon said the applicant would be willing to withdraw those applications and accept the current proposal as initiated by the Commission.

 

Comm. Schachter brought up the issue of spot zoning, since this proposal placed residential uses in the middle of industrial ones.  In his opinion, this was not an issue because the residential use was part of an overall PUD and was an acceptable development pattern given the size of the project.

 

It was clarified that a separate action was not needed to approve the requested waivers.

 

ACTIONS TAKEN

Item 7A

Motioned by Comm. Schachter and seconded to approve the rezoning of 8.83 acres from PID-1 & M-1 to PRD-2 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

1.       Approval of the Revised Preliminary Development Plan for Oread West Office Park; and

2.       Maximum residential density of 10 dwelling units per net residential acre.

 

Motion carried unanimously, 9-0.

 

Item 7B

Motioned by Comm. Lawson and seconded to approve the Preliminary Development Plan for Oread West Office Park, including the three requested waivers, and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

  1. Provision of an agreement not to protest the formation of a benefit district for future signalization and geometric improvements for the intersection of Research Park Drive and Bob Billings Parkway (W. 15th Street);

 

  1. Provision of the following revisions to the Preliminary Development Plan:

a.       Note No. 9, delete “Use Group 1- Agriculture – Animal Husbandry, Use Group 2 – Agriculture – Field Crop”, as they are not allowed in the PID-1 District per Section 20-1004(c)(1)(A);

b.       For Note No. 22, per Section 20-1008.5(B) include “odor” as one of the restrictions of offensives not allowed to be detectable from the property line;

c.       Include, “Planned Residential Development” after Planned Industrial Development in the Title;

d.       Show W. 15th as Bob Billings Parkway;

e.       Include a minimum of 10 bicycle parking spaces within the residential Phase III area;

f.        DraftRevise the parking ratios to incorporate required parking for medical and related offices of 1/100 net square feet, and 1/200 net square feet for financial institutions;

g.       Include an ownership note for the residential condominium loft units similar to Note No. 18 for the office buildings; and

    1. Addition of the following notes:

·         “A revised final plat of the property will be accomplished to relocate utilities which otherwise would be under proposed new structures, relocate or dissolve property lines, and provide for the appropriate location and dedication of utility and drainage easements.”

·         “Public improvement plans for waterline, storm sewer and sanitary sewer will be submitted to Public Works before the Final Development Plan is filed at the Register of Deeds.”

3.       Provision of the following requirements of the Stormwater Engineer:

a.      Label the detention outlet control structure per the approved drainage study;

b.      Submit public improvement plans for the public storm sewer system to the Public Works Department for review prior to release of the plan to the building inspector;

c.      Record the proposed drainage easements and provide copies with the engineering plans;

    1. Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be submitted and approved for this project prior to any construction activity, including soil disturbance, removal of vegetation, and any release of building permits; and
    2. Provision of a revised Final Plat of the property to relocate utilities which would be under proposed new structures, relocate or dissolve property lines, and provide for the appropriate location and dedication of utility and drainage easements.
  1. Within 15 days after approval of the Preliminary Development Plan by the City Commission, the landowner shall file with the Douglas County Register of Deeds a statement concerning the Preliminary Development Plan per Section 20-1012; and
  2. The maximum residential density will be 10 dwelling units per net residential acre.

 

Motion carried unanimously, 9-0.