Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

FROM:

Sandra Day, Planner II

CC:

Scott McCullough, Planning and Development Services Director

Amy Miller, Assistant Planning Director

Sheila Stogsdill, Planning Administrator

Date:

July 1, 2014

RE:

Appeal of Planning Director’s Determination for approval of SP-13-00423 Menards located at 1900 W 31st Street.

 

Attachments:

A.    Site plan drawing

B.    Staff Determination Report

C.    Appeal from Dan Watkins on behalf of Plaza Lawrence LLC property.

D.   Map showing Plaza Lawrence properties and Menards properties.

E.    Approved Preliminary plat

F.    Final Plat PC Packet

 

Summary

The site plan for a new Menards Store, SP-13-00423, was administratively approved by the Planning Director on June 2, 2014 subject to several conditions. This development project includes a Preliminary Plat (approved), Local Floodplain Development Permit, a Final Plat and Public Improvement Plans. These applications are being processed or have been approved subject to conditions.

 

The Site plan was reviewed per section 20-1305 of the Land Development Code and applicable Commercial Design Standards. The approval criteria are set out in Section 20-1305 (j). The site plan application was found to be in compliance with the approval criterion and was therefore approved.

 

At issue is the appellant’s request that the City require Menards to accept stormwater in their detention pond to accommodate additional development on appellant’s property while there is no code requirement to do so. The appellant cites change in development policy as justification to require such.

 

The appellant cites an agreement reached between the parties on the issue at the Preliminary Plat stage of the process. That agreement was captured in the following conditions of plat approval.

  1. The owner of First National Addition agrees to request vacation of the 40' of right-of-way along First National’s east property line (that portion of Ousdahl Road north of the frontage road in Menard’s proposed preliminary plat) and First National will execute easements in the former Ousdahl Road right-of-way necessary for Menard’s access, public utilities and pedestrian path required for Menard’s development.

2.    Menard’s agrees to allow un-detained stormwater runoff from the First National Addition’s property into its detention basin located on Tract A.   This detention basin will function as a regional basin for the parcels within close proximity.  The ability for First National Addition’s stormwater to be conveyed undetained to Menard’s detention area will need to be further reflected in the Menard’s site plan.

  1. The parties agree to the following terms, which will be made part of a private agreement executed and recorded between the parties

A.    Menard’s and First National Development agree to execute a cross access agreement for the shared use and maintenance of that portion of Ousdahl Road and other facilities constructed as part of the Menard’s development, in the area north of the frontage road in Menard’s proposed preliminary plat, and

B.    Menard’s agrees to provide First National Development with the necessary easements and access rights for construction, implementation, and maintenance of necessary facilities for the conveyance of stormwater into to the regional detention pond.

C.    First National Addition agrees it will pay the cost to install/construct the pipe from the Menard detention pond area to First National Addition’s north property line to receive First National Addition’s undetained stormwater and will pay its fair share of detention pond maintenance once the pipe is installed.

  1. If these agreements are not fulfilled, then the 30’ of half-width right-of-way Ousdahl Road to the north property line of the First National Addition’s property shall be dedicated with the final plat.

 

Menards maintains that issues related to a gas main traversing the property required  site modifications and they thusly revised their site plan and employed condition 4 of the preliminary plat which dedicated right-of-way for Ousdahl Road.

 

Appeal Process:

A site plan for development of a Menards store (SP-13-00423) was administratively approved by the Planning Director on June 2, 2014. Two property owners asked to be notified of the determination. Per section 20-1505 (k) of the Land Development Code property owners within 200’ of the subject property may appeal the Planning Director’s decision. Such an appeal must be submitted within 9 days of the decision (June 10, 2014).

 

Staff received a written appeal, attached, from Dan Watkins on behalf of Plaza Lawrence LLC on June 10, 2014. The appeal process requires the applicant and the property owner making the appeal to be notified a minimum of 14 days before the City Commission considers the appeal. This notice was sent on June 17, 2014 notifying both property owners of the City Commission meeting on July 1, 2014.

 

Section 20-1305 (m) states:

(1)  The City Commission shall consider the appeal Site Plan Decision as a new matter, inviting public comment before acting on the original application. Mailed Notice of the City Commission’s meeting shall be provided to the appealing party and the applicant a minimum of 14 days prior to the Commission’s meeting.

(2)  After considering the matter, the City Commission shall act on the original site plan application, applying the criteria of Section (j), taking action as provided in Section (h).

 

Review Criteria to be considered by the City Commission:

 

(1)  the site plan shall contain only platted land;

 

(2)  the site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plans;

 

(3)  the proposed use shall be allowed in the District in which it is located or be an allowed nonconforming use;

 

(4)  vehicular ingress and egress to and from the site and circulation within the site shall provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or Access Management policies; and,

 

(5)  the site plan shall provide for the safe movement of pedestrians on the subject site.

 

Action Options to be considered by the City Commission:

 

(1)  approve the Site Plan application;

 

(2)  identify those modifications that would allow approval of the Site Plan application;

 

(3)  approve the Site Plan application with conditions; or

 

(4)  disapprove the Site Plan application.

Findings as provided in the June 2, 2014 Staff Determination Report

 

Per Section 20-1305, staff shall first find that the following criteria have been met:

 

1)   The Site Plan shall contain only platted land;

At the time the site plan was submitted, a final plat had not yet been submitted or approved. The Planning Commission approved a preliminary plat for the property on November 18, 2013. A final plat was submitted for review on May 7, 2014 and is currently being processed. A condition of approval requires the final plat to be recorded with the Register of Deeds Office prior to release of the site plan for issuance of a building permit.

 

2)    The site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plan;

The proposed site plan complies with the City Code as noted in the body of this staff report. The proposed development provides a 200’ buffer between the proposed use and the existing residential use to the north as required by the rezoning Ordinance No. 8870. A reduction in the required off-street parking and interior landscape areas are included with this application.

 

3)    The proposed use shall be allowed in the district in which it is located or be an allowed nonconforming use;

This property is zoned CR (Regional Commercial) District. The rezoning includes restricted uses per Ordinance No. 8870. Additionally, development is prohibited along the north 200’ adjacent to the residential uses.

 

The proposed development of the “Construction Sales and Service” use to be known as Menards is an allowed use in the CR District.

 

4)    Vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or access management policies and;

Additional widening for W 31st Street is required with this development to accommodate required turn lanes at Michigan Street. Additionally Michigan Street north of W 31st Street will be extended with this development. The Menards Store will not take direct access to W 31st Street or Ousdahl Road or Michigan Street. Direct site access is provided via an interior access driveway parallel to W 31st Street between Ousdahl Road and Michigan Street.

 

A traffic signal at Michigan Street may be required in the future following completion of road improvements and the South Lawrence Trafficway. The property within the Menards Addition (all lots) would be expected to participate in the financing for any future signal improvements if determined necessary. Staff recommends the applicant execute an agreement not to protest the formation of a benefit district for future signal improvements for Michigan Street. Since this property is also being final platted, staff recommends the agreement be executed with the final plat and recorded concurrently with the final plat.

 

5)   The site plan provides for the safe movement of pedestrians within the site;

However, interior sidewalks are provided between W 31st Street and the Menards store along Ousdahl Road and Michigan Street extended. This element will continue to be considered as the outlots are developed in the future.