NON-PUBLIC OR PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT SUMMARY

Consent Agenda – Non-Public Hearing Item

PC Staff Report

04/25/05

ITEM NO. 8B: FINAL PLAT FOR 202 N. 5^TH STREET; NORTH OF WALNUT STREET AND EAST OF FIFTH STREET (LAP)

SUMMARY

PF-03-08-05: Final Plat for 202 N. 5^th Street. This proposed three-lot single-family residential subdivision contains approximately 0.689 acre and is located north of Walnut Street and east of Fifth Street. Submitted by Peridian Group for Theresa and Robert Wagner, property owners of record.

STAFF RECOMMENDATION: Approval of the Final Plat of 202 N. 5^th Street and forwarding it to the City Commission for acceptance of easements, subject to the following conditions:

1. Provision of the following fees and recording documentation:

a) A current copy of a paid property tax receipt.

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

c) A completed Master Street Tree Plan in accordance with Section 21-708a.3.

d) A completed Agreement Not to Protest a Benefit District for Walnut and N. 5th Streets.

2. Provision of the following modifications to the final plat:

a) Provide outer, interior, and center lines for Walnut and N. 5^th Streets.

b) Removal of the setback lines.

c) The following note should be included on the final plat: “As the property is located within the 1000-foot levee critical zone, a permit from the Corps of Engineers is required prior to any digging or excavating.”

d) The revision of the Mayor’s name to Dennis Highberger.

3. A Temporary Utility Agreement.

4. Submittal of public improvement plans for sidewalks and driveway culverts per approval of the Public Works Department.

5. A lot pinning certificate in accordance with Section 21-302.2.

Applicant’s Reason for Request:

To create three lots from one for the development of two single-family homes.

KEY POINTS

· The property is zoned RS-2, single-family residential district.

· The existing detached garage for lot one currently extends onto lot two and will be removed with the development of lots two and three.

· The submitted final plat conforms to the requirements of the approved preliminary plat.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· PP-03-05-05, Preliminary Plat for 202 North 5^th Street.

· Acceptance of easements by the City Commission.

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

PC Staff Report

04/25/05

ITEM NO. 8B: FINAL PLAT FOR 202 N. 5^TH STREET; NORTH OF WALNUT STREET AND EAST OF FIFTH STREET (LAP)

GENERAL INFORMATION

Current Zoning and Land Use:

RS-2 (Single-Family Residential) District, single-family residence.

Surrounding Zoning and Land Use:

RS-2 (Single-Family Residential) District to the north; Woodlawn Elementary School.

RS-2 (Single-Family Residential) District to the east, west and south; single family residences.

Site Summary

Existing number of lots: 1 lot

Number of lots proposed: 3 lots zoned for single-family homes

Lot 1: 15,015 square feet

Lot 2: 7,500 square feet

Lot 3: 7,500 square feet

STAFF REVIEW

The subject property is located south of Elm Street, east of 5^th Street, west of North 6^th Street, and north of Walnut Street. Woodlawn Elementary School is located directly north of the subject property.

Levee Critical Zone

As the subject property is located within the 1000-foot levee critical zone, a permit from the Corps of Engineers is required prior to any digging or excavating. At its closest point, the property is located approximately 230 feet from the Kansas River levee. The property is protected from the 100-year flood by the levee, but is considered to be located in the 500-year flood area.

Street Rights-of-Way

No new rights-of-way have been dedicated with this project, as the current 60-foot right-of-way dedication along Walnut and N. 5^th Street is sufficient to serve the new lots.

Utility Easements

In order to serve additional utilities and five-foot sidewalks, a 10-foot combined utility/pedestrian easement is being dedicated with this plat. This easement will be located within the property’s boundaries along N. 5^th and Walnut Streets.

Water/ Sanitary Sewer/ Stormwater Services

Municipal water and sanitary sewer lines currently exist within the rights-of-way of N. 5^th and Walnut Streets, along the property’s western and southern edges. Stormwater enclosures also exist within the right-of-way along N. 5^th Street.

Public Improvements

New driveway culvert pipes will need to be installed per the Department of Public Works. A drainage study of the existing and proposed roadside drainage system fronting the property will need to be submitted and approved by the Public Works Department prior to applying for building permits.

Five-foot sidewalks along Walnut and N. 5^th Streets are required with this development. Therefore, the final plat includes a 10-foot combined utilities/sidewalk easement along Walnut and N. 5^th Streets. Public improvement plans for the new sidewalk and driveway culvert pipes will need to be submitted prior to filing the final plat with the Register of Deeds Office.

Access

Lot one is currently positioned as a corner property, with access available from either Walnut or N. 5^th Streets. Lots two and three will access Walnut Street once they are developed.

Concurrent Submission

Per Section 21-204, the applicant is able to process a concurrent submission of preliminary and final plats according to the following criteria:

The plat does not create individual lots greater than one acre.
The plat does not dedicate multiple street or road rights-of-way.
The plat is not within more than one zoning category.

Conformance

The plat meets the minimum lot size (7,000 square feet), width (60 feet), depth (100 feet), and setback requirements for the RS-2 zoning district.

The final plat, which is a concurrent submission with the preliminary plat, conforms to the preliminary plat. As determined with the evaluation of the preliminary plat, the submitted final plat also conforms to the Zoning Ordinance, Subdivision Regulations, and Horizon 2020.

STAFF RECOMMENDATION:

Staff recommends approval of the Final Plat of 202 N. 5^th Street, and forwarding it to the City Commission for acceptance of easements, subject to the following conditions: