MEMO - ITEM No. 10

 

To:               Lawrence/Douglas County Metropolitan Planning Commission

 

From:           Paul Patterson, Planner II

 

Subject:         Modification to condition, Village Meadows UPR-09-03-04

 

 

Date:            November 17 , 2004

 

The applicant has submitted a rezoning request for this property which was originally scheduled to be heard in conjunction with the UPR. The zoning request inadvertently requested a zoning district (RO-2) which only allowed residences for single-family and duplexes. The request has been modified to RO-1B, which would allow for the proposed use subject to a UPR.

 

Due to public notice requirements, the rezoning request is scheduled to be heard by the Planning Commission in December.

 

As a result, the following additional condition should be added to the Village Meadows UPR:

 

ADDED CONDITION NO. 8. Approval of rezoning of the property to a residential zoning district which would accommodate the proposed use.

 

STAFF RECOMMENDATION:   Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

1.      A site plan performance agreement be executed.

2.      Filing at the Register of Deeds of a replat prior to release of the plan to Neighborhood Resources for building permits.

3.      Provision of a photometric plan.

4.      Provide a general timetable for phasing of project.

5.      Provision of an agreement not to protest the formation of a benefit district for the geometric and signalization improvements for the intersection of W. 6^th Street and Congressional Drive.

6.      Provision of the following notes on the Site Plan:

a.      “No building permit shall be issued until the City is presented with a written guarantee or other financial assurance (e.g. bond, letter or credit, escrow account, etc.), in a form acceptable to the City, guaranteeing payment for the assessed special assessments on the property for the improvement of Overland Drive and Congressional Drive. This condition shall be waived by the City Manager if the special assessments district is not subject to litigation.”

b.      “Off-site detention basin to be constructed as part of this project.”

7.      Provision of the following items for the Stormwater Engineer:

a.      Show the detention basin improvements associated with this site.  The detention system must be completed prior to occupancy. Provide DE’s for the system and submit public improvement plans for review prior to release of the plan to the building inspector.

b.      Storm sewer information is incomplete. Show all existing storm sewer locations and elevations.  Show all proposed storm sewer locations, elevations and sizes.

c.      Provide additional curb inlets to capture runoff in the southeast entrance drive. Report the project bench mark on the site plan.

d.      Storm sewers located in the single-family and duplex area must be public systems. Provide DE’s for these systems and submit public improvement plans for review prior to release of the plan to the building inspector.

e.      Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project.  This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.

8.     Approval of rezoning of the property to a residential zoning district which would accommodate the proposed use.