PLANNING COMMISSION REPORT SUMMARY

 

 

ITEM NO. 2B:           FINAL PLAT FOR DIAMONDHEAD; SOUTH OF W. 6TH STREET (U.S. HWY. 40) & WEST OF GEORGE WILLIAMS WAY (EXTENDED)       SLD)

 

PF-09-27-04:  Final Plat for Diamondhead.  This proposed residential subdivision and planned commercial development contains approximately 96.563 acres and is located south of W. 6th Street (U.S. Hwy. 40) and west of George Williams Way (extended).  Submitted by Landplan Engineering, P.A., for Diamond Head Limited Partnership, property owner of record.

 

STAFF RECOMMENDATION:

Staff recommends approval of the Final Plat of Diamondhead and forwarding it to the City Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:

  1. Provision of a revised Final Plat to show the following:
    1. Show and note deed book and page references that dedicate abutting right-of-way by separate instrument as applicable to existing right-of-way of record.
    2. Provision of a note on the face of the plat that states: “Lot 19, Block 5 shall be limited to one access point onto George Williams Way between Ken Ridge Drive and Harvard Road.”  per the Preliminary Plat approval
    3. Provision of a note on the face of the plat that states: “Occupancy for development proposed on Lots 1 -3, Block 1 is not permitted until the W. 6th Street improvements are complete.”  per the Preliminary Plat approval.
  2. Approval of the revised Final Plat dated 10/28/04 per the City Stormwater Engineers regarding the provision of the following easements:
    1. The latest approved drainage study shows detention along the east edge of Lot 3, Block One.  Provide a DE to cover the system between street right-of-ways.
    2. Separate the UE and DE at the rear of Lot 23, Block Four.
    3. Provide an outlet DE at the southwest corner of Lot 2, Block One.
    4. Provide a connecting DE for the system from the southwest corner Lot 1, Block One to the detention DE on Lot 2.
  3. Execution of a Temporary Utility Agreement;
  4. Provision of the following fees and recording documentation:
    1. Copy of paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds;
    3. Provision of a master street tree plan.
  5. Pinning of the lots in accordance with section 20-302 of the Subdivision Regulations.

 

 

Applicant’s Reason for Request:

Continuation of development approval process and is a condition of approval of the publication of the related zoning ordinances approved earlier this year.

 

KEY POINT

·        Final Plat is required development step and is consistent with the approved related rezonings for the subject property.

 

Subdivision Regulations to consider

 

There are no outstanding regulations associated with the review of this Final Plat

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

 

1.      Publication of the following rezonings upon recording of the Final Plat

  • Z-09-29-02 A to RS-2 (Single-Family Residence) District 32.25 acres
  • Z-09-30-02 A to RM-1 (Multiple-Family Residence) District 14.46 acres
  • Z-09-31-02 A to RO-2 (Residence-Office) District 7.01 acres
  • Z-09-32-02 A to RM-2 (Multiple-Family Residence) District 12.83 acres
  • Z-09-33-02 A to PCD-2 (Planned Commercial District) 32.71 acres [This item also requires approval of a Preliminary Development Plan prior to publication].

2.      Future submission and approval of both a preliminary and final development plan for the PCD portion of the property.

3.      Future submission and approval of site plans for the RM and RO zoning districts.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

1. Inquires from West Lawrence Neighborhood representatives regarding general information on project.

 

 

 

NON-PUBLIC HEARING ITEM:

 

 

ITEM NO. 2B:           FINAL PLAT FOR DIAMONDHEAD; SOUTH OF W. 6TH STREET (U.S. HWY. 40) & WEST OF GEORGE WILLIAMS WAY (EXTENDED) SLD)

 

SUMMARY

 

PF-09-27-04:  Final Plat for Diamondhead.  This proposed residential subdivision and planned commercial development contains approximately 96.563 acres and is located south of W. 6th Street (U.S. Hwy. 40) and west of George Williams Way (extended).  Submitted by Landplan Engineering, P.A., for Diamond Head Limited Partnership, property owner of record.

 

GENERAL INFORMATION

Current Zoning and Land Use:          A (Agricultural) District; undeveloped. [Pending publication of Z-09-29-02 A to RS-2 (Single-Family Residence) District 32.25 acres; Z-09-30-02 A to RM-1 (Multiple-Family Residence) District 14.46 acres; Z-09-31-02 A to RO-2 (Residence-Office) District 7.01 acres; Z-09-32-02 A to RM-2 (Multiple-Family Residence) District 12.83 acres; Z-09-33-02 A to PCD-2 (Planned Commercial District) 32.71 acres;]

Surrounding Zoning and Land Use:    RS-1 (Single-Family Residence District) to the south, existing elementary school and proposed recreation center on 12 acres, remaining 30+ acres undeveloped.

 

A (Agricultural) District and pending RS-2 (Single-Family Residence) District to the east; proposed residential development and city park property.

 

A (Agricultural) District to the north and west; undeveloped properties. On the north side of W. 6th Street and the west side of the SLT which border the subject property.

 

 

Site Summary

Gross Area:

 

99.281 acres

Number of lots:         

94

 

PCD-2 (Planned Commercial) District

Lot 1, Block 1

31.03 acres

RM-2 (Multiple-Family Residence) District; 

Lot 2, Block 1

12.97 acres

RO-2 (Residence-Office) District

Lot 3, Block 1

6.09 acres

RM-1 (Multiple-Family Residence) District;

Lot 19, Block 5

12.51 acres

RS-2 (Single-Family Residence) District; Remaining 90 Lots

 

Lots 4-14, Block 1;

Lots 1-18, Block 2

Lots 1-14 Block 3

Lots 1-28, Block 4

Lots 1-18, Block 5 and Tract A

20.84 acres

STAFF REVIEW

The subject property is located in an area that is south of W. 6th Street, west of George Williams Way and north of Harvard Road.  Zoning applications and a Preliminary Plat were initiated in 2002 and ultimately approved for publication by the City Commission subject to the recording of a Final Plat with the Register of Deeds Office. In addition to these reviews, a nodal plan for the intersection of W. 6th Street and the SLT was prepared prior to final consideration which has resulted in an extended time line for the project. During the intervening time, benefit districts have been formed for improvements to specific streets in the general area including George Williams Way.

 

A Final Plat has been submitted for review of the entire acreage including the commercial, multi-family and single-family residential lots. George Williams Way is existing right-of-way that was dedicated/acquired through a separate instrument. The Final Plat should be revised to show the corresponding documentation (deed book and page references) that established the right-of-way.

 

The proposed lots exceed the minimum acreage requirements for the respective zoning districts.   The proposed Final Plat does not alter the peripheral or interior street network for the residential portions of the development. The proposed Final Plat does deviate from the approved Preliminary Plat with respect to one internal street access into the PCD portion (Lot 1, Block 1).  The approved Preliminary Plat included a 600’ street cul-de-sac that extended into the northeast portion of the lot just east of the gas line easement that traverses the site diagonally. The Final Plat shows a small bump-out that was part of the acquired right-of-way that would provide access to this portion of the lot. The location of the access point is the same as the Preliminary Plat and consistent with the access management standards for separation from W. 6th Street. This street provided internal access only and did not connect to any other internal street. Internal access will continue to be reviewed as a preliminary development plan is submitted. The removal of the street does not alter the design, layout or number of lots within the subdivision. Development of the northeast portion of the Lot 1, Block 1 must incorporate into the site design the existing gas line easement through the site. Removal of the right-of-way provides greater flexibility in siting buildings, parking, access routes, vegetation, and other physical elements without setback encumberances. Since the street provided interior access to the lot and did not provide over all connectivity to the surrounding street network, the elimination of the right-of-way will not affect the public’s ability to serve or access the area.

 

Future Development

Upon approval and recording of the plat, the related rezoning ordinances (excluding the PCD portion which requires approval of a Preliminary Development Plan in addition to platting) will be published. The Final Plat will complete the development review process for the single-family lots only. Site plan review will be required for the remaining lots. Preliminary discussions have begun with the applicant and city staff regarding proposed development of the PCD. The applicant has provided and discussed several options for the development of the multi-family portion on Lot 19, Block 5. Concepts include individual lots for duplex and townhome (two or more attached dwelling units) development that would likely result in a replat of this lot to establish additional internal lots and streets or other access. Regardless, direct residential access to George Williams Way is not recommended. A common drive way or public street intersection with George Williams Way is more appropriate and a minimum separation of curb cuts (as driveways or public/private streets) is recommended. A similar development approach was applied to Wakarusa Drive and multiple plats included notes and restrictions that required a minimum spacing of 300’ separation. This design approach is recommended for the proposed Final Plat.

 

The Final Plat shows a pedestrian easement between lots 6 and 7 to the school property to provide additional access through the neighborhood. This access will be constructed as part of the public improvement plans to assure the sidewalk is in place prior to development. This access is intended to also accommodate anticipated residential development to the west and provide a non-vehicular connection to the school to the south. As part of the Preliminary Plat the north half of Harvard Road was not required to be dedicated as it is not intended to extend to the west.

 

Tract A is identified as a drainage easement and will be transferred to the City for ownership and maintenance.

 

Conclusion

Several notes were included on the face of the Preliminary Plat relating to the timing of development and prohibiting and or limiting direct access to both George Williams Way and W. 6th Street. KDOT noted in the review additional documentation and review will be required prior to the commercial development including a traffic impact study to assure that any “entrance from George Williams Way does not interfere with the traffic operations at the intersection of US-40.   The Final Plat does note that access shall be in accordance with the Access Management Plan for W. 6th Street. Additional study of this element will continue in future development applications.

 

Staff noted several minor notations and changes to the site that are required. The applicant has been revising the document to address many of these issues including specific drainage easement requirements. The Plat has been revised, but not yet reviewed for conformance by the City Stormwater Engineer. Therefore these conditions of approval are carried forward as a technicality to affirm compliance in the final check of the documentations prior to recording.

 

Recommendation:  Staff recommends approval of the Final Plat of Diamondhead and forwarding it to the City Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:

 

1. Provision of a revised Final Plat to show the following

    1. Show and note deed book and page references that dedicate abutting right-of-way by separate instrument as applicable to existing right-of-way of record.
    2. Provision of a note on the face of the plat that states: “Lot 19, Block 5 shall be limited to one access point onto George Williams Way between Ken Ridge Drive and Harvard Road.”  per the Preliminary Plat approval
    3. Provision of a note on the face of the plat that states: “Occupancy for development proposed on Lots 1 -3, Block 1 is not permitted until the W. 6th Street improvements are complete.”  per the Preliminary Plat approval.
  1. Approval of the revised Final Plat dated 10/28/04 per the City Stormwater Engineers regarding the provision of the following easements:
    1. The latest approved drainage study shows detention along the east edge of Lot 3, Block One.  Provide a DE to cover the system between street right-of-ways.
    2. Separate the UE and DE at the rear of Lot 23, Block Four.
    3. Provide an outlet DE at the southwest corner of Lot 2, Block One.
    4. Provide a connecting DE for the system from the southwest corner Lot 1, Block One to the detention DE on Lot 2.
  2. Execution of a Temporary Utility Agreement;
  3. Provision of the following fees and recording documentation:
    1. Copy of paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds;
    3. Provision of a master street tree plan.
  4. Pinning of the lots in accordance with section 20-302 of the Subdivision Regulations