NON-PUBLIC OR PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT SUMMARY

Public Hearing - Variance Only

ITEM NO. 5: FINAL PLAT FOR LOCUST STREET PROJECT; 642-646 AND 645 LOCUST STREET (PGP)

PF-11-36-04: Final Plat for Locust Street Project. This proposed two-lot commercial subdivision contains approximately 0.58 acre. The property is generally described as being located at 642-646 and 645 Locust Street. Submitted by Taylor Design Group, P.A., for D & D Rental, Jon R. Davis and Tom M. Devlin, property owners of record.

STAFF RECOMMENDATION:

VARIANCE

Planning Commission approval of a variance reducing the required right-of-way for N. 7^th Street south of Locust Street from the required 60’ to 59.5’.

FINAL PLAT

Planning Commission approval of the Locust Street Project Final Plat, and forwarding it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

1. Provision of the following fees and recording documentation:

a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing.

b. Recording fees made payable to the Douglas County Register of Deeds.

c. Provision of a completed Master Street Tree Plan per Section 21-708a.

2. Pinning of the lots per Section 21-302.2.

3. Execution of a Temporary Utility Easement.

4. Provide the following revisions to the Final Plat:

a. Modify Lot 1, Block 1 to locate the east property line 0.5 feet east in order to allow the existing commercial building to be located entirely on the Lot.

b. Modify the centerline distance and right-of-way for N. 7^th Street.

c. Add N. to N. 7^th Street name.

d. Correct the lot size for Lot 1, Block 1 to include the area created by the modified property line.

e. Remove the building setback and parking setback lines.

f. Change the name of the Planning Commission Chairperson to John Haase.

Applicant’s Reason for Request:

To plat the property to allow for the commercial redevelopment of the property.

KEY POINTS

· Proposed plat would allow for the commercial redevelopment of the property.

· Minimum lot size variances have been obtained from the Planning Commission per the Preliminary Plat.

· The east property line of Lot 1, Block 1 should be located 0.5 east in order to allow the existing commercial building, which is currently 3 inches into the public right-of-way, to be located entirely on Lot 1.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Acceptance of any easements and rights-of-way by City Commission

· Recordation of the final plat at the Register of Deeds Office.

· Site Plan SP-08-51-04 to be approved by the City Commission.

ITEM NO. 5: FINAL PLAT FOR LOCUST STREET PROJECT; 642-646 AND 645 LOCUST STREET (PGP)

GENERAL INFORMATION

Zoning and Land Use:

C-5 (Limited Commercial) District – Zoning approved subject to recording of Final Plat; Existing commercial buildings proposed for redevelopment.

Surrounding Zoning and Land Use:

.M-3 (Intensive Industrial) District to the north; Active railroad tracks.

C-4 (General Commercial) District to the east across N. 7^th Street; Existing Commercial Businesses.

RO-2, (Residence-Office) District to the west on the south side of Locust Street ; Existing duplexes on individual lots.

M-3 (Intensive Industrial) District to the west on the north side of Locust Street; Existing industrial warehouse/distribution.

RS-2 (Single-Family Residential) District to the

south; Existing adjacent church to the south, single-family homes to the southwest.

Site Summary

Number of lots proposed: 2 Lots

Lot 1, Block 2: (Northwest Corner Lot) 11,391.9 Square Feet

Lot 1, Block 1: (Southwest Corner Lot) 14,072.3 Square Feet (Increases to approximately 14,143 Square Feet with granting of the Variance)

STAFF REVIEW

The final plat is located at the northwest and southwest corners of the intersection of Locust Street and N. 7^th in the North Lawrence Neighborhood. The final plat is within a C-5 (Limited Commercial) zoning district (contingent upon recording of the Final Plat).

The preliminary plat for Locust Street Project [PP-08-19-04] was approved by the Planning Commission on September 22, 2004. A copy of the preliminary plat is attached.

PUBLIC IMPROVEMENTS

Public improvement plans for this plat will need to be submitted to Public Works as part of the redevelopment.

LOCATION OF EXISTING BUILDING

On Lot 1, Block 1 (southwest corner of N. 7^th Street and Locust Street), the existing east side of the building is located approximately 3 inches into the public right-of-way (N. 7^th Street). N. 7^th Street is a local street on the south side of Locust, and continues 4 blocks south to where it stops at the north levee of the Kansas River/Riverfront Park.

The east property line of Lot 1, Block 1 should be relocated 0.5 feet east in order to allow the existing commercial building, which is currently 3 inches into the public right-of-way, to be located entirely on Lot 1. This would assist the property owner by removing a potential cloud on the title of the property. If this is not done with the platting of the property, then an agreement with the property owner would need to be approved by the City Commission to allow for a portion of the building to remain within the public right-of-way.

Variance

The applicant has requested an additional variance from:

Section 21-607.3(p), which requires a minimum of 60’ right-of-way width for a local street. The applicant is requesting a 59.5’ right-of-way width to allow for the property line of Lot 1, Block 1 to be moved 6” east to include the existing commercial building that encroaches approximately 3” into the public right-of-way. This variance would result in the vacation of 6” of public right-of-way along the east side of Lot 1, Block 2. This method was suggested by the Director of Legal Services as a way to resolve the encroachment issue.

Section 21-802(b) provides three criteria for granting a variance:

Strict application of these regulations will create an unnecessary hardship upon the subdivider;
The proposed variance is in harmony with the intended purpose of these regulations; and,
The public health, safety and welfare will be protected.

Section 21-901.6 defines Unnecessary Hardship, as “The condition resulting from application of these regulations when viewing the property in its environment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that is it impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage does not constitute unnecessary hardship.”

Staff believes the following findings on the requested variances can be made: Strict application of these regulations may create an unnecessary hardship upon the subdivider of a cloud on their title which would pass from one property owner to another; the proposed variances would be in harmony with the intended purpose of these regulations; and the public health, safety and welfare will be protected.

Horizon 2020 - Chapter 6, Page 6, Inner-Neighborhood Commercial Centers

Typically, an Inner-neighborhood Commercial Center is an existing commercial area within an established neighborhood. The list in Horizon 2020 of existing inner-neighborhood commercial centers includes the intersection of N. 7^th Street and Locust Street.

Redevelopment of these existing Inner-Neighborhood Commercial Centers should be facilitated through the use of alternative development standards that allow for reductions in required parking, open space, setbacks, lot dimensions and other requirements that make it difficult to redevelop existing commercial areas. – Chapter 6, Page 6 – Horizon 2020.