PC Staff Report 08/24/05 ITEM NO. 15C:      PRELIMINARY PLAT FOR MARY’S LAKE ADDITION; NORTH OF 31ST STREET AND EAST OF HASKELL AVENUE (LAP)   SUMMARY   PP-06-12-05:  Preliminary Plat for Mary’s Lake Addition. The property is generally described as being located north of 31st Street and east of Haskell Avenue. This proposed residential subdivision and city parkland contains approximately 15.98 acres. Submitted by Landplan Engineering, P.A., for Mary’s Lake Properties, L.L.C., property owner of record.

STAFF RECOMMENDATION: Staff recommends approval of Variance I related to extending the cul-de-sac length 184 feet beyond the 1000-foot cul-de-sac length maximum requirement.   Staff recommends denial of Variance II related to reducing the minimum lot depth of Lot 1 from 100 feet to 95 feet.   Staff recommends approval of the Preliminary Plat of Mary’s Lake Addition, subject to the following conditions: 1.        Submittal of written documentation from the Utilities Department, stating the provision of adequate sanitary sewer service. 2.        The revision of the plat to include the following: a.      The addition of a 20-foot landscape easement along the subdivision’s western edge, directly east of the 15-foot utility easement and west of the rear yard setback lines. b.      The addition of a note, stating additional trees will be planted within the landscape easement if existing trees are not available to serve as a buffer. c.      The addition of minimum elevations for building openings (MEBO’s) on all lots adjacent to drainage easements. d.      The addition of a sidewalk section, which extends around the eastern side of the cul-de-sac bulb, connecting the sidewalk along Harper Street (extended) to the sidewalk between Lots 17 and 18. e.      The revision of the site summary to accurately reflect the site’s gross area, right-of-way area, Tract A area, and net area.

 

Applicant’s Reason for Request:	To develop 39 single-family homes and to create a 5.862-acre parcel of city parkland.
KEY POINTS ·         The intent of the applicant is to develop single-family homes on 8.253 acres of land within the city limits. ·         Tract A is to be conveyed from Mary’s Lake Properties, L.L.C. to the City of Lawrence for parkland via a real estate and sales agreement. ·         Lots 38 and 39 are to be conveyed from the City of Lawrence to Mary’s Lake Properties, L.L.C. via a real estate and sales agreement.
SUBDIVSION CITATIONS TO CONSIDER ·         City utility engineers have indicated that Pump Station 22 (PS-22), the intended sanitary sewer pump station for the subject development, does not include capacity to serve the subdivision. However, a pump replacement has been ordered and is expected to include capacity to serve the development. An alternative solution would need to be sought if the pump does not result in capacity to serve the development. The preliminary plat will not be approved without documentation, stating the provision of sanitary sewer service. ·         Variance requests from Section 21-607.2(k)(1) and 20-608 are associated with the subject plat application. The applicant requests to allow Harper Street to exceed the maximum cul-de-sac length by 184 feet, and to reduce the minimum lot depth of Lot 1 by 5 feet. ·         Fred DeVictor, Parks and Recreation Director, has submitted a letter in support of a variance from Section 21-609(c), which states, “Pedestrian-way easement for pedestrian use may be required when a block exceeds 800 feet in length”.
ASSOCIATED CASES/OTHER ACTION REQUIRED ·         The following two associated cases are also listed on the August 24, 2005 Planning Commission agenda: §         Z-06-36-05: M-1A to RS-2, 8 acres; north of 31st Street, south of Harper Street (extended) and west of Haskell Avenue. §         Z-06-37-05: M-1A to RS-2, 2.09 acres; north of 31st Street, south of Harper Street (extended) and west of Haskell Avenue. ·         Recordation of a final plat at the Register of Deeds Office.
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING ·         Fred DeVictor, Director of the Parks and Recreation Department, submitted a letter, stating the department’s objection to the inclusion of a pedestrian easement extending from the new residential subdivision into the future city parkland directly to the east. ·         Betty Ware, nearby resident, called regarding the specifics of the plan. She wanted to ensure the nature trail and trees east of Mary’s Lake would be maintained with the development of the subdivision. ·         Stephanie Barrows, 1101 E. 27th Street, submitted a letter, stating her opposition to the project because of the subdivision’s impact on wildlife and proximity to the Prairie Park Nature Center. ·         David Swisher, 2761 Harper Street, want to ensure that the new subdivision will not include low-income housing. ·         Greg Hickam, 2736 Rawhide Lane, is concerned about the subdivision’s impact on traffic and wildlife habitat.

GENERAL INFORMATION
Current Zoning and Land Use:	M-1A (Light Industrial) District, undeveloped land. [RS-2 (Single-family Residential) District requests are pending (Z-06-36-05 and Z-06-37-05).]
Surrounding Zoning and Land Use:	RS-2 (Single-family Residential) District to the north; single-family homes.   A (Agricultural) District to the south; industrial uses (this property is outside of the city limits).   RS-1 (Single-family) District to the east; City of Lawrence parkland.   M-1A (Light Industrial) District to the west; industrial uses.

 

Site Summary

Number of Lots Proposed:              39 Lots

Gross Area:                                 695,993 Square Feet (15.98 Acres)

Right-of-Way Area:                       81,137 Square Feet (1.863 Acres)

Tract A:                                     255,336 Square Feet (5.862 Acres)

Net Lot Area:                              359,519 Square Feet (8.253 Acres)

Minimum Lot Size:                        7,115 Square Feet (0.163 Acres)

Maximum Lot Size:                       16,208 Square Feet (0.372 Acres)

Average Lot Size:                         9,218 Square Feet (0.212 Acres)

 

STAFF REVIEW

The subject property is located north of 31^st Street, south of Harper Street and East 28^th Terrace, and east of Haskell Avenue.

 

Zoning and Land Use

The subject property is zoned M-1A (Light Industrial) District, is undeveloped, and is heavily wooded. The areas surrounding the subject property are zoned RS-2 (Single-family Residential) District, RS-1 (Single-family Residential) District, A (Agricultural) District, and M-1A (Light Industrial) District. The subject parcel is surrounded by single-family homes, city parkland, and light industrial uses. Directly east of Tract A is city parkland that includes Mary’s Lake. Prairie Park Nature Center is located northeast of the subject area.

 

Two rezoning applications accompany the subject plat application, both of which propose to rezone the westernmost property from the M-1A (Light Industrial) District to the RS-2 (Single-family Residential) District. Rezoning case no. Z-06-37-05 was originally submitted for rezoning from the M-1A (Light Industrial) District to the RO-1A (Residence-Office) District. As the property is not allowed access onto 31^st Street because the street is slated as a future four-lane arterial, the applicant has requested to rezone the southernmost area from the M-1A (Light Industrial) District to the RS-2 (Single-family Residential) District. A residential zoning is more suitable for this area, since traffic generated from the subject parcels will travel exclusively through the proposed residential area. Single-family residential uses will generate less traffic than multi-family or office uses.

 

Two notations of property transference also accompany the plat application – the conveyance of Tract A from Mary’s Lake Properties, L.L.C. to the City of Lawrence for parkland, and the conveyance of Lots 38 and 39 from the City of Lawrence to Mary’s Lake Properties, L.L.C. Tract A comprises approximately 5.862 acres and includes an existing nature trail.

 

Street Rights-of-Way

This property is served by East 28^th and Harper Streets to the north. 31^st Street abuts the property’s southern property line. Sixty feet of right-of-way are being dedicated for Harper Street (extended), which is a local street. According to the 2003 31^st Street Corridor Study, 31^st Street is designated as a future four-lane divided arterial, with 150 feet right-of-way. As such, an additional 15 feet of right-of-way are being dedicated with this plat.

 

Easements

Several new utility easements are being dedicated with the plat. Ten-foot utility easements will be located between Lots 29 and 30, and Lots 7 and 8. Ten-foot easements will also border the southern and eastern property lines of the residential development, as well as the western property line of Lot 39. Along the eastern edge of the residential development, the 10-foot easement will expand into a 15-foot easement as it heads north, starting at Lot 11. Fifteen-foot utility easements will be located between Lots 11 and 12, Lots 19 and 20, as well as in front of each lot abutting the cul-de-sac bulb. A 10-foot combined pedestrian and utility easement will be located between Lots 17 and 18, connecting the residential development to 31^st Street with a sidewalk. The existing 15-foot utility easement located along the eastern edge of Tract A will be vacated by the City of Lawrence, once the property has been conveyed to the city.

 

Fifteen-foot drainage easements will be located between Lots 35 and 36, Lots 3 and 4, and Lots 18 and 19. As Section 21-301.5(b) of the Subdivision Regulations states that minimum elevations for building openings (MEBO’s) should be included on all preliminary and final plats, the applicant must supply MEBO’s for all lots adjacent to drainage easements on the preliminary plat as a condition of approval.

 

Water/ Stormwater Services

Municipal water mains exist within the rights-of-way of East 28^th Terrace and Harper Street. A storm curb end section and two inlets are located within the right-of-way of Harper Street.

 

Sanitary Sewer

Sanitary sewer mains exist within the right-of-way of Harper Street (existing). City utility engineers have indicated that the existing sanitary sewer pump station located at the southeast corner of 31st and Haskell Streets, PS-22, does not include capacity to serve the proposed development. With the installation of a replacement pump, it is likely that the station will be able to serve the subdivision. An alternative solution will need to be sought if the new pump does not result in capacity to serve the development. As a condition of approval, the applicant must provide a written statement from the Utilities Department, stating that the provision of adequate sanitary sewer service.

 

Conformance

Thirty eight of the 39 lots meet the minimum lot depth (100 feet) requirement for lots in the RS-2 (Single-family Residential) District. All of the lots meet the minimum lot size (7,000 square feet), width (60 feet), and setback requirements. The applicant is requesting a variance from the 100-foot minimum lot depth requirement for Lot 1. The applicant is also requesting a variance from the maximum cul-de-sac length requirement for low-density residential developments.

 

Consideration should be given to the following Horizon 2020 goals and policies:

 

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Low-Density Residential Land Use

 

GOAL 4:   Criteria for Location of Low-Density Residential Development (Page 5-16)

Policy 4.5:  Ensure Adequate Infrastructure (Page 5-16)

 

GOAL 6: Compatible Transition from Low-Density Residential Development to More Intensive Land Uses (Page 5-19)

          Policy 6.1: Use Appropriate Transitional Methods (Page 5-19)

 

As existing development surrounds the project to the west and south, the project will be adequately served by an extension of water mains, stormwater enclosures, and streets. However, city utility engineers have indicated that the existing sanitary sewer pump station located at the southeast corner of 31st and Haskell Streets does not include capacity to serve the proposed development. Therefore, as a condition of approval, the applicant must submit written documentation, stating the provision of adequate sanitary sewer services.

 

Since industrial uses abut the property on its western side, the applicant should add a 20-foot landscape easement along the subdivision’s western property line to accommodate a tree buffer area. The easement should be located directly east of the 15-foot utility easement and west of the 30-foot rear yard setback line. Where existing trees do not exist or are not able to be utilized as a sufficient buffer, additional trees should be planted. The trees should be planted so as to provide a natural buffer area between the two uses.

 

PUBLIC IMPROVEMENTS

Submittal of public improvements plans is required with this project. Specifically, plans will be submitted for the construction of extended Harper Street, a five-foot sidewalk on the eastern side of extended Harper Street, and a pedestrian pathway between Lots 17 and 18. The pathway will extend between the two lots from the end of the cul-de-sac to 31^st Street. As a condition of approval, a sidewalk section will need to be added, extending around the eastern side of the cul-de-sac bulb. This section will connect the sidewalk along Harper Street (extended) to the sidewalk between Lots 17 and 18. Public improvement plans will also be submitted for new water and storm sewer lines.

 

VARIANCES

The applicant has requested variances related to the following sections of the Zoning Ordinance and Subdivision Regulations:

1. Section 21-607.2(k)(1)., which requires a maximum cul-de-sac length of 1000 feet when serving low density residential developments.
2. Section 20-608, which requires a minimum lot depth of 100 feet for lots within the RS-2 District.

 

Section 21-802(b) provides the criteria for granting a variance, which are as follows:

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.
3. The public health, safety and welfare will be protected.

 

Section 21-901.6 defines unnecessary hardship as the following: “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.”

 

VARIANCE REQUEST #1– Section 21-607.2(k)(1)., which requires a maximum cul-de-sac length of 1000 feet when serving low density residential developments.

 

Applicant’s response to departmental comments stating that the site cannot access 31^st Street: “As previously shown, former Lot 35 would be valueless without access to 31^st St. Therefore, in response to the City’s enclosed comments, the subject plat is revised to eliminate the RO-1A lot, thereby eliminating access to 31^st St. as a concern. (It appears that several existing businesses to the south will also be impacted by such a restriction in the future.)… The RO-1A tract was initially conceived to provide a buffer between the cul-de-sac and 31^st St. The presence of the RO-1A lot promoted a cul-de-sac of typical length. However, because City comments require that this former RO-1A lot be removed due to access restrictions, the cul-de-sac must be extended to the south. Consequently the proposed cul-de-sac will exceed 1,000 feet in length. A variance request is now included on the revised preliminary plat. Hopefully, granting of this variance will be little more than a formality, made necessary per the direction of the City.”

 

1. Strict application of these regulations will create an unnecessary hardship upon the subdivider.

 

According to the 31^st Street Corridor Study, the street is designated to be a future four-lane divided arterial. As such, the new development is not allowed access onto 31^st Street. If the cul-de-sac variance is not granted, the applicant will not be able to develop approximately 1.6 acres of land in the southern portion of the subject area.

 

2. The proposed variance is in harmony with the intended purpose of these regulations.

 

The purpose of the maximum cul-de-sac length requirement is to allow for safe and efficient vehicular flow through a neighborhood. The block length, although it exceeds the standard in the regulations, at 1184 feet is consistent with several other blocks within the project vicinity. For example, the approximate length of Maverick, Rawhide, and Bonanza Streets is 1,300 feet.

 

3.      The public health, safety and welfare will be protected.

 

The length of the cul-de-sac should not adversely affect the public health, safety, and welfare. While the new subdivision will have only one access point, residents will have multiple options for vehicular travel once outside of the subdivision. For example, they could continue north on Harper Street or turn left onto East 28^th Street, which leads directly to Haskell Avenue. The subdivision will also include sidewalks along the eastern side of extended Harper Street and between Lots 17 and 18 at the far southern end of the cul-de-sac, leading to 31^st Street. Residents will be able to enter the nature trail to the east via a trail entry to the northeast of the site, as well as via a trail along 31^st Street. A pedestrian easement is not located at other points throughout the cul-de-sac, so as to preserve the integrity of the natural area and wildlife corridor.

 

VARIANCE REQUEST #2 – Section 20-608, which requires a minimum lot depth of 100 feet for lots within the RS-2 District.

 

Section 20-2002.11(11) defines lot depth as the following: “The mean horizontal distance between the front lot line and rear lot line of a lot.”

 

As a note, “mean” is defined as an average value of a set of numbers, “mode” is defined as the number or range of numbers in a set that occurs most frequently, and “median” is defined as the middle value in a distribution. When referring to lot depth, staff calculates the mean distance of the two sides of a lot.

 

Applicant’s response to departmental comments stating that Lot 1 does not meet the minimum lot depth requirements: “…This very recent re-interpretation of our Code is noted by this office. If Lot 1 was to be only 63’ wide (like the other lots), it would conform to depth requirement. The additional 60’ width creates this problem, as interpreted by Staff. Therefore, the plan is revised to request a variance.”

 

1. Strict application of these regulations will create an unnecessary hardship upon the subdivider.

 

The plat shows Lot 1 with a northernmost lot depth of 77 feet and a southernmost lot depth of 113 feet, which is an average of 95 feet. As the subdivision is proposed to be built on vacant land, the applicant has an opportunity to comply with the minimum lot depth requirement of 100 feet. If the southernmost lot depth were maintained at 113 feet, the northernmost lot depth would need to be a minimum of 88 feet in order to accommodate the 100-foot lot depth requirement.

 

2. The proposed variance is in harmony with the intended purpose of these regulations.

 

The purpose of the lot depth requirement is to allow for consistent zoning requirements for zoning districts. Lot 1 is the only lot within Mary’s Lake Addition that does not meet the minimum lot depth requirement. The lot comprises 12,900 square feet, and could be reduced in size to accomplish this requirement.

 

3. The public health, safety and welfare will be protected.

The public health, safety, and welfare is not diminished with the granting of the lot depth variance.

 

Based on the above evaluation, staff recommends approval of the variance to extend the cul-de-sac to a maximum of 1184 feet, and denial of the request to vary from the mean lot depth requirement.

 

ADDITIONAL VARIANCE CONSIDERATION

Fred DeVictor, Parks and Recreation Director, has requested the Planning Commission grant a variance from the following section of the Subdivision Regulations:

1. Section 21-609(c), which says that a pedestrian-way easement may be required across the width of a block when a block exceeds 800 feet in length.

 

As Section 21-609(c) states that a pedestrian-way easement may be required and is a permissive standard, a variance is not needed. Based on the Parks and Recreation Director’s letter of explanation, staff supports leniency from this standard in this case. In order to preserve the qualities of the natural area, the Parks and Recreation Department intends to construct a permanent fence between the parkland and subdivision. Two trail entrances are within walking distance of the subdivision – one to the northeast of the subdivision, and one to the east of the subdivision at its southern end. The northern trail entrance can be accessed from the subdivision via a sidewalk along the eastern side of Harper Street (extended), while the southern trail entrance can be accessed via the same sidewalk that will connect with 31^st Street.

 

STAFF REVIEW

The public improvement plans for sanitary sewer service indicate that this subdivision will be served by Pump Station 22. In reviewing the applicant’s proposal, the city has determined that PS-22 has less capacity than assumed in the applicant’s submittal. As such, the Utilities Department has ordered a replacement pump, which is expected to arrive by the end of August. Once the pump is installed, it will be tested to ensure adequate capacity for the proposed development. As a condition of approval, the applicant will be required to submit written documentation from the Utilities Department, indicating adequate sanitary sewer service for the subject development. Once the sanitary sewer issue is resolved, the preliminary plat will be in conformance with the Zoning Ordinance and Subdivision Regulations.