REGULAR AGENDA
PUBLIC HEARING ITEM:
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PLANNING COMMISSION REPORT SUMMARY |
ITEM NO. 9D:
PDP-12-11-04:
Preliminary
Development Plan for
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STAFF RECOMMENDATION: Waivers (PUD’s): The proposed development includes two requests to reduce required setbacks as follows: 1. Reduction of the required side yard from 10’ to 5’ for Phase II of the development, thus being applicable to the entire PRD. As discussed above, staff concurs with request. 2. Reduction of the peripheral
setback from 35’ to 5’ for Variance Recommendation: Staff recommends approval of a variance to allow the intersection of a local street with an arterial street. Planning Staff recommends approval of the Preliminary Development Plan for Hanscom-Tappen II PRD and forwarding it to the City Commission with a recommendation for approval subject to the following conditions: Recommendation: Planning Staff recommends approval of the Preliminary Development Plan for Hanscom-Tappen II PRD and forwarding it to the City Commission with a recommendation for approval subject to the following conditions: 1. Provision of a revised
Preliminary Development Plan to show and note a 15’ side yard setback for
2. Provision of a 6’ screening
fence and landscaping along the east property line of 3. Provision of a revised Preliminary Development Plan to restrict occupancy of the homes to comply with the definition of family applicable to conventional single-family (RS) districts; 4. Provision of a revised Preliminary Development Plan to correct and update the site summary; 5. Correction of the site summary to calculate the required open space based on the total net residential area and not the total open space summary; and 6. Provision of a revised Preliminary Development Plan to include the following changes as noted by City Staff: a. Delete Stormwater Data diagram on Sheet 2; b. Correct PE between Lots 8 and 9, Block 1 to show a tract and not a pedestrian easement on both Sheets 1 and 2; c. Note use of Tracts A, C, and D on face of Preliminary Development Plan d. Label line work along west property line on Sheet 2 e. Delete stormwater line along south side of Tract "A" of Block
1 Hanscom-Tappen II PRD on north side of
cul-de-sac of f. Note that sidewalk ramp between Lots 11 and 12, Block 2 Hanscom-Tappen I PRD cannot be located within 10’ of inlet. |
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3. Final Plat PF-12-38-04 Phase 1 (Current Agenda Item) 2. Zoning Z-08-38-04 approved pending publication (Previous Agenda Item) 4. Final Development Plan FDP-12-18-04 Phase 1 (Current Agenda Item) 5. Zoning Z-12-54-04 Phase 2 (Current Agenda Item) ASSOCIATED CASES/OTHER ACTION REQUIRED |
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FACTORS TO CONSIDER • Conformance with the purpose and intent of Planned Unit Developments (Section 10-1001). • Subdivision Variance Request
for intersection of a local street with an |
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Applicant’s Reason for Request: |
Proposed single-family detached residential development. |
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KEY POINTS • Development of the property for single-family land is proposed as an infill development and will require a development plan. • Relationship of the proposed development and the surrounding land use patterns and density will be critical in the development of the subject property. • Development request includes yard reductions for interior side yards and peripheral/rear yard setback reduction. • Intersection of a local street with an arterial street (preliminary plat issue) | |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING 1. Gerald D. Weeks (1511 Haskell Avenue) requesting 6’ fence around north, west and south property lines to prevent trespassing. |
REGULAR AGENDA
PUBLIC HEARING ITEM:
ITEM NO. 9D: PRELIMINARY DEVELOPMENT PLAN FOR PARNELL PARK II SINGLE FAMILY HOMES; 1535 HASKELL AVENUE (SLD)
PDP-12-11-04: Preliminary Development Plan for Parnell Park II Single Family Homes. This proposed planned residential development contains property approved as Parnell Park and additional adjacent property. The project includes 42 single-family homes on approximately 10.16 acres. The property is described as being located at 1503 and 1535 Haskell Avenue. Submitted by Allen Belot for Parnell Investors, LLC, property owner of record.
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Current Zoning and Land Use: RS-2 (Single-Family Residence) District; existing single-family residence to be incorporated into proposed development. Approved PRD-1 (Planned Residential District) per Z-08-38-04 and proposed PRD-1 (Planned Residential District) per Z-2-12-54-04. |
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Surrounding Zoning and Land Use: RS-2 (Single-Family Residence) District in all directions; existing residential and community uses including park property to the west. |
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RM-1 (Multiple-Family Residence) District to the southeast, existing multi-family development |
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Site Summary: Number of Lots/units: |
Phase II [PDP] 13 lots/13 units |
Phase I [FDP] 29 lots/29 units |
Total 42 lots/42 units |
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Gross Area: |
2.14 acres (93,218 SF) |
8.02 acres |
10.16 acres |
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Right-Of-Way: |
1.17 (estimated) |
2.5 acres |
3.22 acres |
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Net Area1: |
.97 acres (estimated) |
5.52 acres |
6.94 acres |
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Maximum Lot Area: |
.35 acres (15,548 SF) |
.29 (12,472 SF) |
.35 acres |
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Minimum Lot Area: |
.09 acres (4,120 SF) |
.09 (4,120 SF) |
.09 |
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Average Lot Area: |
.15 acres |
.15 (6,450 SF) |
.15 |
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Proposed Density: |
13 du/acre |
4 du/acre |
4.6 du/acre |
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Land Area Devoted to Residential Use2 |
.67 acres |
4.46 acres |
5.58 acres |
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Open Space Required3 |
.134 acres/20% |
.89 acres/20% |
1.12 acres/20% |
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Open Space Provided: |
.30 acres/45% |
1.06 acres/24% |
1.36 acres/24% |
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Tract A: (Pocket Park) |
.30 acres |
.15 acres |
.45 acres |
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Tract C: (Path to Haskell) |
0 |
.03 acres |
.03 acres |
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Tract D: (RR ROW) |
0 |
.88 acres |
.88 acres |
1 Net Area is the total area less right-of-way per Section 20-100.7
2 Land area devoted to residential use is the total area less right-of-way and park dedications per Section 20-1006(g).
3 Per section 20-1006(g) a minimum of 20% of open space is required
STAFF ANALYSIS
The proposed Preliminary Development Plan includes a total of 10.16 acres and 42 individual residential lots along with public streets and interior parks and open space. The proposed Preliminary Development plan overlaps with a Final Development Plan for Phase I that included a Tract A for a packet Park and tree residential lots that will be reconfigured as part of this phase.
The proposed Preliminary Development Plan for Parnell Park PRD has been evaluated based upon the following suggested findings of fact and conclusions outlined in Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence:
1) In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.
An evaluation of the conformance of this preliminary development plan with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.
The proposed development is an example of infill development. The proposed development includes an existing developed residential property and area previously included in Phase I of the development plan. The Comprehensive Plan supports infill development over new residential development (annexation). The plan states “the character and appearance of existing residential neighborhoods should be protected and enhanced. Infill development, rehabilitation or reconstruction should reflect architectural qualities and styles of existing neighborhoods.” These elements are set out as principal strategies for addressing residential land use. The Comprehensive Plan does not specifically address the Brook Creek or adjacent neighborhoods. The Plan anticipates new development will predominantly be characterized by low-density development. Low-density development is defined as 6 or few dwelling units per acre. The proposed zoning district would allow a maximum density of 7 dwelling units per acre. This density is technically defined as medium-density in Horizon 2020. The Comprehensive Plan does not provide a standard for measuring fractions between particular groupings. The previous phase of the development did not limit the density other than to establish the building patterns for the development.
A series of goals are provided in the Comprehensive Plan that address neighborhood conservation. The overall goal is stated as follows: “The character and appearance of existing low-density residential neighborhoods should be proteced and impovements made whee necessary to maintain the values of properties and enhance the quality of life” (Residential Neighborhood Goal 3). This particular section of Horizon 2020 addresses the existing housing stock and related infrastructure. More specific language addresses the provision of a “variety of compatible housing types” and that infill development should “conform to lot size, housing type, scale, and architectural style of the area in which it is proposed” (Residential Neighborhood Policy 3.3). The proposed development will retain the existing residential structure within the development but remove direct access t for that home to Haskell Avenue.
Staff Finding –The proposed housing for this development is single-family detached homes on individual lots. The planned unit development approach allows for a minimum lot size of 4,000 SF and requires the provision of common open space. The conformance with the general architectural character of the surrounding area should be made a specific condition of approval to assure that the compatibility is maintained between the subject property and the surrounding neighborhood. This recommendation is included as a condition of approval. The proposed development plan is consistent with the residential recommendations found in Horizon 2020 regarding infill development and neighborhood concepts.
2) In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development.
The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance, which reads as follows:
(1) To promote and permit flexibility that will encourage innovative and imaginative approaches in residential, commercial, and industrial development which will resul in a more efficient, aesthetic, desirable and economic use of the land while maintaining density and intensity of use consistent with the adopted Comprehensive Plan for the City;
The character of the existing surroundings is integral to the neighborhood. Staff recommends that these defining features are included as central criteria for evaluation of a new project. The surrounding area includes higher density residential development on small individual lots and a grid street pattern.
The subject property is located within the Brook Creek Neighborhood. The Barker and East Lawrence Neighborhoods are also adjacent as the project is a continuation of Phase I that has direct proximity to the additional neighborhoods. Staff analyzed several areas within each of these neighborhoods and found a range of densities. The Brook Creek Neighborhood has several areas of single-family detached homes on lots less than 7,000 SF that result in a density of six to seven dwelling units per acre. Other areas in the vicinity are found to be in the four to five dwelling unit per acre range. These areas are typified by multiple “double wide lots”.
(2) To promote development within the City tha can be convenienly, efficiently and economically served by existing municipal utilities and services or by their logical extension;
The subject property is currently served with municipal water and sewer. These primary utilities can easily be extended. Public improvement plans will be required to assure that each new individual lot is provided with appropriate access to utilities. This element will continue to be evaluated through the final development plan and subdivision plat review stages.
(3) To promote design flexibility including placement of buildings, and use of open space pedestrian and vehicular circulation facilities to and through the site, and off-sreet parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography size or proximity;
The most significantly unique feature of the property is the proximity to an arterial street (Haskell on the east). The proposed development plan removes direct access for the existing residence to remain from the abutting arterial street and provides for an eventual outlet from the proposed development to the abutting street network. This street layout requires a variance from the Subdivision Regulations and is discussed in more detail later in this report. The inability to extend the street would result in an alternative variance request from the Subdivision Regulations for the length of a cul-de-sac. Connectivity with the surrounding neighborhood relies heavily on the use of connected streets (grid), green space, and public sidewalks to facilitate pedestrian circulation to and through the site.
(4) To provide or the preservation of historic or natural feaures where they are shown to be in the public's best interest including but not limited to such feaures as: drainageways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures.
The subject property is not located within any historic districts or areas. There is some existing vegetation on the subject property much of which will be removed as part of the proposed improvements.
Staff Finding – The proposed development conforms with the statement of objectives.
3) The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.
Pocket Park -- The proposed development plan includes a total dedication of a 19,602 SF open space area within the residential development as a pocket park. Phase II of the development adds acreage to the pocket park extending it along the eastern block face of Hanscom Road between Oliver’s Trail and Anna Tappen Way.
Rails-to-trails -- The plan also includes .88 acres along the west property line (the abandoned railroad right-of-way) as a dedicated green space that serves multiple functions including utility service. This area is intended as a future recreation path that will connect the subject property to the abutting public Parnell Park to the west. The west 25’ of Tract D (located along the west property line) is dedicated as a combined pedestrian/drainage easement to accommodate the future rails-to-trails project.
Other open space -- A small area is also provided as open space that connects the proposed development to the abutting sidewalk system along Haskell Avenue (in Phase I). Open space is further accommodated on individual lots as part of the front, side and rear yards. A peripheral boundary is required around the perimeter of the entire proposed PRD. This boundary includes areas that are part of individual lots and thus are not “common” in the ability for them to be used by any resident within the proposed development. Each individual lot is provided with a front, rear and side yard similar to what is found in conventional residential development. The proposed homes are situated closer to the front building line that conventional residential development. [See waiver discussion below.]
A connection is provided between the future rails to trails path along the west property line and the public street (Hanscom Road) via a drainage easement. This easement should be revised to be dedicated as either a combined drainage/pedestrian easement or divided in such a manner to provide a separate pedestrian connection from the interior of the development to the common open space. This element will continue to be reviewed as part of the Final Plat and Final Development Plan process.
Staff Finding – The plan provides the required internal open space and includes pedestrian easements for access within the proposed development as an entire development.
4) Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
As noted earlier public utilities can be extended to serve the proposed development. The proposed preliminary development plan also includes the dedication of right-of-way for 15th Street and Haskell Avenue (Phase I) and additional right-of-way dedication for Haskell Avenue (Phase II). These rights-of-way dedications will be required for any redevelopment of the property and are not unique to the proposed redevelopment project. A traffic study was submitted and reviewed by City staff. No specific geometric improvements to the 15th Street & Haskell Avenue intersection are required as a result from this development.
A roundabout was requested by the Barker Neighborhood for the intersection of 15th Street and Haskell Avenue. This is not a scheduled public improvement. Staff recommends the applicant execute an agreement not to protest the formation of a benefit district for future intersection improvements.
Staff Finding – The plan clearly provides for recreation and open space opportunities within the development. As part of the development public improvements will be required including: dedication of adjacent right-of-way, installation of water, sewer, and stormwater facilities. This element will continue to be addressed as part of the Final Plat and Final Development Plan. Staff recommends the applicant execute an agreement not to protest the formation of a benefit district for future intersection improvements.
5) Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.
The entire subject property is bounded on the north and east by collector and arterial street right-of-way and a public park on the west. Phase II includes all of Anna Tappen Way and abuts the Gerald D. Weeks property along a portion of the north right-of-way line. Mr. Weeks contacted staff to request a screening fence around the perimeter of his property to separate him from the proposed development. He has indicated to staff that he is not interested in participation or incorporation of his property in the proposed development. The impact to the individual property owner is significant given the change from two abutting residential lots to being surrounded by a multiple small residential lots.
A related waiver request has been made related to Phase II along Mr. Weeks west property line to reduce the peripheral setback from the required 35’ to a minimum of 5’. [See discussion below.]
Community facility uses are located on the north side of 15th Street and multi-family residential uses are located to the northwest and southeast. The subject property abuts conventional low-density residential development to the south. The need to provide pedestrian or non-vehicular connections between the subject property and the surrounding neighborhood is important.
A specific effort was made to provide a pedestrian connection from the interior of the development to the abutting park property and to make a visual connection within the development. Interior sidewalks along the public streets provide an additional connection from the interior of the development to 15th Street. The proposed intersection of Anna Tappen Way with Haskell Avenue is consistent with the surrounding development pattern.
Traffic will be marginally increased for the area as the result of a change from two single-family residential lots to a total of 42 lots are developed. However, no additional traffic improvements to the adjacent streets and intersections are recommended as a result of this proposed development. The proposed design allows for the Weeks property to be subdivided in the future and the removal of direct access to Haskell Avenue from a private driveway.
Staff Finding – The proposed development plans provides a consistent residential approach to the neighborhood given the physical constraints and isolation of the property. The proposed development plan makes provisions for the incorporation of other isolated properties upon future redevelopment. Traffic will be marginally increased as a result of development. No additional traffic improvements to the adjacent streets and intersections are recommended as a result of this proposed development.
6) In what respects the plan is or is not in conformance with the development standards and criteria of this article.
a) The general development standards pertaining to all planned unit developments are found in Section 20-1006, "General Development Sandards - Planned Unit Developments," of the Zoning Ordinance. Specific development standards for Planned Commercial Developments are listed in Section 20-1008, "Development Sandards - Planned Commercial Developments".
b) Preliminary Development Plan requirements are listed in Section 20-1010, "The Preliminary Development Plan".
The proposed development plan identifies minimum submission requirements and design standards that must be addressed as part of any review. The plan proposes two deviations from the design standards with respect to building setback from side lot lines and a reduction in the peripheral setback on Lot 3, Block 1 in Phase II. Previously approved reductions for Phase I are listed in the summary.
The interior setback for individual lots for planned unit developments is 10’ while conventional side lot setbacks for residential development is only 5’. This is a design standard discrepancy that has been noted and will be addressed in a future version of the zoning code. The intent for planned development is to closely mimic conventional development while providing the flexibility to reduce lot sizes and “cluster” development in a manner that provides or maintains open space. The Planning Commission is specifically granted the authority to reduce building setbacks within planned unit developments.
Staff supports the reduced interior side yard setback from 10’ to 5’ as it is consistent with conventional development and other approved similar developments. The proposed Preliminary Development Plan notes that mechanical equipment is prohibited from being located in the side yards.
The proposed peripheral setback along the east side of Lot 3, Block 1 (Phase II) is proposed to be reduced from the required 35’ to 5’ in anticipation of future redevelopment of the abutting property. This reduction is comparable to a side yard if the abutting property were part of the PRD. The Planning Commission has multiple options:
1. Approve the waiver reduction as requested;
2. Deny the reduction and reconfigure the lots to increase the interior open space with only two residential lots on the north side of Anna Tappen Way;
3. Approve the reduction but limit the building of Lot 3 to coincide with incorporation or redevelopment of the adjacent property into the PRD. Staff supports the third option and is reflected as a condition of approval; or
4. Approved a modified 10 or 15’ side yard setback with both fencing and landscaping that provide a similar street side yard setback and separation from the abutting property owner.
At a minimum given the proximity of the proposed setback from Lot 3, Block 1 to the Weeks property a 6’ solid fence is reasonable to separate the proposed development from the rear property line. The rear lot lines of the properties along the north line of the Weeks property will be encumbered with utilities. The separation of the existing residence and the proposed homes is greater and therefore, a solid fence is not recommended by staff as a specific requirement of the proposed development.
Staff concurs that the 35’ peripheral setback is not logical for this lot given the high probability that all or part of the abutting property can logically be incorporated into the development in the future. Neither is the 5’ separation appropriate due to the concern and response provided by the affected property owner. Staff recommends that a minimum site yard be maintained between Lot 3, Block 1 and the Weeks property. This side yard shall include both fencing and landscaping to buffer to accommodate the lack of separation. Staff recommends a minimum 15’ side yard setback with appropriate fencing and landscaping.
A related issue is the proposed intersection of Anna Tappen Way (a local street) with Haskell Avenue (an arterial street). A specific variance from the Subdivision Regulations is required with regard to this element, but affects the proposed design of the south portion of the proposed development.
Staff Finding - The development plan is not in conformance with the development standards and criteria of this article with regard only to the two proposed waivers; interior setback reduction and peripheral setback reduction along 15th Street. Otherwise the plan complies with the minimum standards.
7) In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development.
Section 20-1005, "Development Standards and Criteria," in the Zoning Ordinance states: (a) A plan that is consistent with (1) the "Statement of Objectives for Planned Unit Development," (2) the adopted Comprehensive Plan of the City, (3) the development standards set out herein, and (4) any specific rules and regulations for Planned Uni Developments adopted fom time to time by the Planning Commission and City Commission and placed on public record in the office of the City Clerk shall be deemed to be qualified for tentative approval. Nosuch rules and regulations shall be revised or added to so as to be applicable to a specific proposal for a Planned Unit Development after an application for tentative approval has been filed bythe landowner or his or her agents.
Staff Finding - The proposed plan complies with the requirements for application for tentative approval of a PUD with regard to the conformity to the comprehensive plan land use recommendations regarding infill development and the surrounding land use pattern and density. The proposed plan facilitates the future rails-to-trails project and with the exceptions noted above complies with the minimum submission requirements for a planned unit development.
8) The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan that proposes development over a period of years.
Staff Finding - The proposed development has been submitted as a phased development. Installation of public improvements is recommended prior to issuance of building permits.
9) Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.
Staff Finding –The proposed development has been reviewed by the City Stormwater Engineer and has been approved. Public improvements will be required as part of the development process as well as the dedication of drainage easements to convey stormwater.
As noted the proposed development includes the dedication of right-of-way for both the interior and abutting public streets. The interior streets are shown with 50’ of right-of-way as a marginal access street with abutting easements to accommodate a total improvement of 60’ (21-607 and 21-901.3(22)). The narrower right-of-way will facilitate slower traffic within the subdivision. The proposed Preliminary Development Plan shows sidewalks along both sides of the public streets (internal to the proposed development) as was established in the first phase of the development.
The proposed development is proposed as a single-family detached development on individual lots. The Preliminary Development Plan shows five different house plans that are contemplated for this development. These elevations are generally compatible with the surrounding residential home details of the neighborhood. Staff recommends a note be added to limit the occupancy of the homes consistent with the single-family definition applicable to the RS districts.
Waivers (PUD’s)
The proposed development includes two requests to reduce required setbacks as follows:
1. Reduction of the required side yard from 10’ to 5’ for Phase II of the development, thus being applicable to the entire PRD. As discussed above, staff concurs with request.
2. Reduction of the peripheral setback from 35’ to 5’ for Lot 3, Block 1 abutting the Weeks property.
Phase I included similar setback reductions that were approved for lots along 15th Street. A peripheral reduction was also approved for lots at the south end of the Phase 1 development in anticipation of adding additional acreage for Phase 2.
Conformance with the Subdivision Regulations
The Preliminary Development Plan also serves as a Preliminary Plat. Therefore the proposed plan was also reviewed with respect to the minimum design standards found in the subdivision regulations. A specific consideration has been the assessment of easements and lot alignments between the proposed Final Plat (for Phase I), proposed Final Development Plan (Phase I) and this proposed Preliminary Development Plan. Easements appear to be correctly aligned across documents. Staff has noted specific changes that are required for the other documents for consistency. The proposed Preliminary Plat complies with the minimum subdivision regulations with the exception of the proposed intersection of a local street with an arterial street.
Internal Street Design
Code Citation: Secion 216071.”Local streets shall not intersect arterial streets.”
Variance Provision: Section 21-802
In cases where there is hardship in carrying out the literal provisions of these regulations (such as design criteria pertaining to lot width, lot depth, block depth, etc.), the Planning Commission may grant a variance from such provisions, except that in cases where there is hardship in carrying out the literal provisions found in section 21-706 (sanitary sewers) the appropriate governing body may grant a variance from such provisions. Section 21-802 (b) states “Avariance shall not be granted unless all of the following apply:”
(1) Strict application of these regulations will create an unnecessary hardship upon the subdivider;
(2) The proposed variance is in harmony with the intended purpose of these regulations; and,
(3) The public health, safety and welfare will be protected. (Ord. 5500)
Staff Response:
The proposed variance allows for a second access point to and from the proposed subdivision to the adjacent street network. Approval will result in the removal of direct driveway access to Haskell Avenue and reconstruction of the driveway to a local street. This change improves safety and preservation of the existing house and streetscape.
Haskell Avenue was not originally “developed” as an arterial street, but was classified as such over time based on traffic volume and patterns. Haskell Avenue includes multiple local street intersections between 15th and 19th Streets as a prevailing development pattern. The proposed request is consistent with the established land use and development pattern for the area.
Denial of the request would significantly hinder development by requiring the street to end in a cul-de-sac. Section 21-601.2 allows for a maximum length of a cul-de-sac for low-density development of 1000 feet. The proposed development can just comply with that standard. The cul-de-sac would have to be off-set due to the fact the applicant does not own the Weeks property. This is a deviation in the existing street pattern. Additionally, a turnaround is required every 500’ for minimum fire protection. While not yet adopted, the Fire Department is seeking a design change that will require a minimum of two access points for developments with more than 30 dwelling units to increase response and accessibility. This proposed project would not conform to that standard if and when adopted. The City Fire Department has advocated a minimum of two access point throughout the design review process and supports the proposed variance request.
The purpose of the subdivision regulations are set out in Section 21-101. The main purposes are identified as the provision of “harmonious and orderly development, provision of minimum requirements for adequate public needs that contribute to the overall “health, safety aestheics, convenience, posperity and eficiency” of the community. Section 21-101 (b) specifically states: These regulations are designed, intended and should be administered in a manner to:
(1) Insure that the development of the City of Lawrence and Douglas County shall conorm substantially with the comprehensive plans of the City and County, the zoningordinances enacted in accordance with those plans and any adopted major streets and road plans.
(2) Provide fo the conservation of existing neighborhoods, to encourage the concept of neighborhood planning in new developments and to prevent the development of slums and blighted areas.
(3) Coordinate the development of each parcel of land with the existing community, and to facilitate the proper development of adjoining land.
(4) Encourage the best possible use of each parcel of land through the application of urban design principles.
(8)Provide efficient and orderly location of sreets.
(9) Encourage the reduction of vehicular congestion
(14) Insure compatibility of design.
The proposed variance request is consistent with the purposes of the subdivision regulation and facilitates the existing urban design of this area. The proposed variance facilitates conformance with design recommendations found in Horizon 2020, the City’s Comprehensive Plan, regarding infill development, integration of new development with the surrounding area, and preservation of neighborhood integrity.
The public health safety and welfare are not compromised as a result of the variance approval.
Variance Recommendation: Staff recommends approval of a variance to allow the intersection of a local street with an arterial street.
Waiver Recommendation: Staff recommends approval of the following setback reductions:
1. Reduction of the required side yard from 10’ to 5’ for Lots 1-10 and Lots 1-3 of Phase II.
2. Reduction of the peripheral setback from 35’ to 15’ for Lot 3, Block 1 of Phase II and provision of a 6’ solid fence and landscaping.
Summary:
The focus of the review is the addition of a second phase to the original acreage and the reconfiguration of lots on the north side of Anna Tappen Way. Because of the location, size and proximity to a developed area the project is also reviewed conceptually as a whole. The proposed development is consistent with the land use objectives of a planned unit development and the existing development pattern of the surrounding area. The details of this Plan between the Final Plat and Final Development Plan require some attention to assure consistency in documentation and are reflected as conditions of approval. If the secondary access to Haskell Avenue is denied then it is appropriate to revisit the entire development to assess timing and design of the entire development.
Recommendation: Planning Staff recommends approval of the Preliminary Development Plan for Hanscom-Tappen II PRD and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:
1. Provision of a revised Preliminary Development Plan to show and note a 15’ side yard setback for Lot 3, Block 1 of Hanscom-Tappen II PRD;
2. Provision of a 6’ screening fence and landscaping along the east property line of Lot 3, Block 1 of Hanscom-Tappen II PRD (abutting the Weeks property);
3. Provision of a revised Preliminary Development Plan to restrict occupancy of the homes to comply with the definition of family applicable to conventional single-family (RS) districts;
4. Provision of a revised Preliminary Development Plan to correct and update the site summary;
5. Correction of the site summary to calculate the required open space based on the total net residential area and not the total open space summary; and
6. Provision of a revised Preliminary Development Plan to include the following changes as noted by City Staff:
a. Delete Stormwater Data diagram on Sheet 2;
b. Correct PE between Lots 8 and 9, Block 1 to show a tract and not a pedestrian easement on both Sheets 1 and 2;
c. Note use of Tracts A, C, and D on face of Preliminary Development Plan
d. Label line work along west property line on Sheet 2
e. Delete stormwater line along south side of Tract "A" of Block 1 Hanscom-Tappen II PRD on north side of cul-de-sac of Hanscom Road, per City Stormwater Engineer’s approval.
f. Note that sidewalk ramp between Lots 11 and 12, Block 2 Hanscom-Tappen I PRD cannot be located within 10’ of inlet.