April 2006
Meeting
Minutes
April 17, 2006 – 7:00 p.m.
Commissioners present:
Burress, Eichhorn, Erickson, Ermeling, Haase, Harris,
Staff present: Day,
Finger, Stogsdill, Patterson, Pool
MINUTES
Consideration of the February 2006 minutes was received and
approved.
EX PARTE /
ABSTENTIONS / DEFERRAL REQUESTS:
Motion by Grant Eichhorn, seconded by Marguerite Ermeling
Abstentions: Lisa
Harris, Tom Jennings.
Voted No: David Burress
COMMITTEE REPORTS
Susan Erickson:
Community Design Committee – Met three times on development parallel
code
Grant Eichhorn:
Questions on CIP at Item
John Haase:
Transportation 2030 – Minutes in packet
Holly Krebs: PC
mid-month – further discussion……subdivision reg’s – 5/8-5/10 more meetings
Tom Jennings: CPC –
Met twice - working on neighborhood plan
COMMUNICATIONS
Ms. Stogsdill outlined the following communications:
Received communications regarding:
ITEM NO. 15 : ADOPTION OF SUBDIVISION
REGULATIONS FOR
ITEM NO. 18: AMENDMENTS TO CHAPTERS
4 AND 5 TO THE COMPREHENSIVE PLAN REGULATIONS FOR
THE UNINCORPORATED TERRITORY OF
Transportation 2030 Minutes
Memo from Staff regarding the
Smart Code
Memo from Staff regarding:
ITEM NO. 2: FINAL
DEVELOPMENT PLAN FOR THE LEGENDS AT KU, PHASE
2; SOUTH OF 24TH PLACE BETWEEN CROSSGATE AND INVERNESS DRIVE (SLD)
Letter from League of Women Voters regarding:
ITEM NO. 8: TEXT
AMENDMENT REPEALING OR AMENDING 50’ ETBACK
ALONG
ITEM NO. 12A: TO PCD-2; 45.31 ACRES; NORTH OF HIGHWAY
40 AND EAST OF
ITEM NO. 12B: A TO RO-1A; 31.12 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO. 12C: A TO RS-2; 25.82 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO. 12D: A TO RM-D; 7.63 ACRES; NORTH OF HIGHWAY
40 AND EAST OF
ITEM NO. 12E: A TO RM-2; 12.77 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
Letter from Jane Eldridge representing applicants regarding:
ITEM NO. 12A: A TO PCD-2; 45.31 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO. 12B: A TO RO-1A; 31.12 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO. 12C: A TO RS-2; 25.82 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO. 12D: A TO RM-D; 7.63 ACRES; NORTH OF HIGHWAY
40 AND EAST OF
ITEM NO. 12E: A TO RM-2; 12.77 ACRES; NORTH OF
HIGHWAY 40 AND EAST OF
ITEM NO.
12F: REVISED PRELIMINARY PLAT FOR MERCATO; NORTH OF
HIGHWAY 40 AND EAST OF
Memo from staff
regarding ITEM NO. 12.
Letter from the
League of Women Voters regarding:
ITEM NO.
19: ADOPTION OF REVISIONS TO DEVELOPMENT CODE,NOVEMBER 11,
2005 EDITION
Letter from
Lavern Squire/
ITEM NO.
19: ADOPTION OF REVISIONS TO DEVELOPMENT CODE, NOVEMBER 11,
2005 EDITION
ITEM NO.
20: ADOPTION OF STANDARDS FOR RETAIL IMPACT STUDIES (AAM)
Letter from Greg
Crommer regarding:
Memo from Staff
regarding:
No Ex Parte
Communications
No Abstentions
CONSENT
AGENDA:
Item Nos.
1A&B; 2, 3, 5A&B, 6 and 7.
No removal of
items.
Motion to approve
Consent Agenda by Grant Eichhorn.
Seconded by
Marguerite Ermeling
Vote: Unanimous
PC
minutes 04/17/06
ITEM NO 1A: PRELIMINARY
PLAT FOR WAKARUSA OVERLOOK; WEST OF E 1900 ROAD & SOUTH OF
PP-01-03-06: Preliminary Plat
for Wakarusa Overlook. This proposed
one-lot residential subdivision contains approximately three acres. The property is generally described as being
located west of E 1900 Road (1057 Highway) and south of
ITEM NO 1B: FINAL
PLAT FOR WAKARUSA OVERLOOK; WEST OF E 1900 ROAD & SOUTH OF
PF-01-02-06: Final Plat for
Wakarusa Overlook. This proposed one-lot
residential subdivision contains approximately three acres. The property is generally described as being
located west of E 1900 Road (1057 Highway) and south of
ACTION
TAKEN
Motioned by Eichhorn, seconded
by Ermeling, to approve the Preliminary & Final Plats for Wakarusa
Overlook and forwardi the Final Plat to the
a.
The
Douglas County Surveyor signature blank must be revised to read: “Reviewed in
accordance with K.S.A. 58-2005” with a signature blank for Michael D. Kelly,
L.S., County Surveyor; Douglas County, Kansas LS No. 869
Motion carried unanimously, 10-0, as part of
the Consent Agenda.
PC
minutes 04/17/06
ITEM
NO. 2: FINAL DEVELOPMENT PLAN FOR THE
LEGENDS AT KU, PHASE 2; SOUTH OF 24TH
PLACE BETWEEN CROSSGATE AND
INVERNESS DRIVE (SLD)
FDP-02-03-06: Revised Final Development Plan for The Legends at KU, Phase 2. This proposed multiple-family residential
development contains approximately 12.5508 acres and proposes 172
apartments. The submittal includes
revisions to a Final Development Plan approved this property in October 2004. The property is generally described as being
located south of
ACTION
TAKEN
Motioned by Eichhorn, seconded by Ermeling, to approve the Final
Development Plan for The Legends at KU Phase II, subject to the following
conditions:
Motion carried unanimously, 10-0, as part of
the Consent Agenda.
PC
minutes 04/17/06
SUMMARY
A-02-01-06:
Consider annexation of approximately 97 acres of land south of
ACTION TAKEN
Motioned by Eichhorn,
seconded by Ermeling, to approve the annexation of approximately 97 acres of land south of
Motion carried unanimously, 10-0, as part of
the Consent Agenda.
PC
minutes 04/17/06
PUBLIC HEARING ITEMS:
PUBLIC HEARING ON VARIANCE REQUEST ONLY:
ITEM NO. 4: PRELIMINARY PLAT FOR STONEWALL
FARMS ADDITION; SOUTH OF
PP-02-05-06: Preliminary Plat for Stonewall Farms
Addition. This proposed eight lot
residential subdivision contains approximately 51.13 acres. The property is generally described as being
located south of County Route 438, and west of E 1000 (Queens) Road. A variance is requested for the intersection
of a local street with an arterial.
Submitted by Peridian Group for Venture Properties, Inc. and Stonewall
Farms LLC, property owners of record.
Presentation by Staff Sandy Day:
|
VARIANCE STAFF
RECOMMENDATION:
Staff recommends approval of the variance for the intersection of a local
street with an arterial street as proposed with this Preliminary Plat for N
1780 Road with N 1800 Road and E 1000 Road. PRELIMINARY PLAT
STAFF RECOMMENDATION: Staff recommends approval of the Preliminary Plat of Stonewall Farms,
subject to the following conditions: 1.
Revision of the preliminary plat to include the
following: a. Provision of
a revised preliminary plat to establish extra ordinary building setbacks to
accommodate future right-of-way and lot division; b. Provision of 35’ of right-of-way
along the west property line a minimum of 475’ in length; and c. General note number 7 and 13 are
redundant remove note 13. |
Applicant’s
Reason for Request: |
Residential development |
||
|
KEY POINTS ·
The property is located outside of the city limits, but is within the
·
Oak Ridge Estates, a platted subdivision, is located south of the subject parcel on the south side of I-70
and along the west side of E
1000 Road. ·
Water meters and hard-surfaced roads are available to serve the property. ·
|
|||
|
SUBDIVSION
CITATIONS TO CONSIDER ·
Additional right-of-way was required by KTA along a portion of the south
side of the property. ·
The application is generally compliant with Subdivision Regulations with
the following exception: 21-607.1 (e) intersection of a
local street with an arterial street. |
|||
|
ASSOCIATED
CASES/OTHER ACTION REQUIRED ·
Z-09-35-00; A to A-1; 50.96 acres – Stonewall Farms Addition at SW Corner of ·
PP-09-34-00; Stonewall Farms unanimously approved by the Planning
Commission on 10/25/00 and included right-of-way variance for E
1000 and intersection of local/arterial street. |
|||
|
PUBLIC
COMMENT RECEIVED PRIOR TO PRINTING ·
None received prior to printing the staff report. |
|||
|
GENERAL INFORMATION |
|
||
|
Current Zoning and Land Use: |
A-1 (Suburban Home Residential) District; undeveloped. |
|
|
|
Surrounding Zoning and Land Use: |
A (Agricultural) District to the
north, east, and west; large lot single-family
residences (developed under the five-acre exemption). A-1 (Suburban Home Residential) District to the south; Oak Ridge Estates single-family residences. |
|
|
|
Site Summary |
|
|
Number of Lots Proposed: |
8 Lots |
|
Gross Area: |
51.13 acres |
|
Right-of-Way Area: |
10.32 acres |
|
Net |
40.81 acres |
|
Minimum |
5.00 acres |
|
Maximum |
5.53 acres |
|
Average |
5.10 acres |
STAFF REVIEW
The subject property is located
within the Urban Growth Area. It a 51
acre tract bounded on three sides by public right-of-way and the south side
being bounded by KTA right-of-way (I-70 Highway). The property was rezoned in 2000 from A
(Agricultural) District to A-1 (Suburban Home Residential) District. A preliminary plat was submitted and approved
by the Planning Commission at the October 2000 Planning Commission Meeting. The
plat included two variances in that previous approval. These variances addressed the provision of
right-of-way width for E 1000 Road and the intersection of a local street with
an arterial street. Both variances were
approved. (See attached PC
minutes). A final plat was not submitted
for this property and the previous preliminary plat has since expired.
Zoning and Land Use
The property, which is zoned A-1 (Suburban Home Residence)
District, is undeveloped. The surrounding area to the north, east and
west includes a mix of both larger rural residential/ agricultural tracts and
smaller rural residential home sites.
The area south of the KTA right-of-way is a developing county
residential subdivision.
The applicant is proposing to create eight lots from one
parcel. With a minimum lot size of 5.00
acres, each lot exceeds the three-acre minimum lot size requirement for lots
within the Urban Growth Area that are served by a public water supply.
Streets
The proposed lots are served by a proposed interior street
system that intersections N 1800 Road/Farmers Turnpike (a minor arterial) and
As the minimum right-of-way requirement for primary
arterials within the UGA is 120 feet, an additional 20 feet of right-of-way are
being dedicated for E 1000 Road. The plat
proposes the dedication of additional right-of-way along the north side for N
1800 and along the south side of the property per review comments from
KTA. The applicant has also agreed to
provide the required right-of-way on the east side of the property for
A note has been included on the plat, stating direct access
to N 1800 Road is prohibited. Access from lots to E 1000 Road is also
prohibited except that access may be allowed for township or other public
facility uses. A similar note was
included on the original Preliminary Plat to accommodate a possible future
township fire station or other similar public use on
General roadway/street layout for this property and for the
several properties to the west located between N 1800 and I-70 were considered
by City and County staff with regard to future divisions for the area. The
extension of E 950 and E 900 south of N 1800 Road allows for that area to be
accessed without the creation of long single-outlet cul-de-sac streets. This
would require the dedication of additional right-of-way along the western
boundary of the subject property. Additional right-of-way would be acquired
with the redevelopment (annexation or subdivision) of the abutting properties.
The requested dedication will reduce the size of Lots 1 and 2 a small degree.
Staff recommends the Preliminary Plat be revised to provide an additional 35’
of right-of-way along the west property line. (See additional discussions for
variance and concept plan as well.)
Stormwater
The proposed Preliminary Plat includes a drainage easement
located between Lots 5 and 6 that ties back to an existing drainage course
within the KTA right-of-way and continues through the Oak Ridge Estates to the
south.
The
Utility Easements
Several utility easements are being dedicated with this
plat. A 15-foot easement is proposed
around the periphery of the development and occurs along the rear property
lines of the lots. Side yard easements
are not proposed. Additional comment with the Final Plat may result in the need
to provide side yard easements. At a
minimum staff recommends a 10-foot easement between Lots 2 and 3 centered on
the common property line per Section 21-609 (a). The proposed Preliminary Plat shows building
envelopes (side yard setback dimensions are not noted). Side yard utility easements are not included
other than the drainage easement between Lots 5 and 6.
Site Utilities
Domestic water service will be provided via Rural Water
District #6. An existing water line is located within the right-of-way of N 1800
Road. The applicant will be required to
demonstrate available water as part of the Final Plat approval process.
Sanitary sewer will be provided by domestic lateral (septic) systems. Both water and sewer disposal provisions are
subject to approval by the County Health Department prior to Final Plat
approval as part of the development process.
Conformance
Zoning Conformance: The subject parcel is located north of the City of
Comprehensive Plan Conformance: The preliminary plat conforms to
the following Horizon 2020 goal and
policies regarding development within the Urban Growth Area:
UNINCORPORATED
GOAL 1: Criteria for
Low-Density Residential Development within the Unincorporated Areas (Page 5-11)
Policy 1.1:
Consider Land Use Relationships within the Urban Growth Area (Page 5-11)
Policy 1.2:
Protect Areas Planned for Low-Density Development (Page 5-11)
The plat application specifically conforms with the
policies and recommendations of Horizon
2020 in that the subject parcel is located within the UGA and includes lots
sizes of three acres or greater.
Additionally the property is zoned for residential development.
Subdivision Conformance: The proposed Preliminary Plat is
consistent with the design of the previous approval but includes additional
right-of-way dedication not included in the previous design. The number and arrangement of lots is the
same as the 2000 version.
The subject property is bounded by both primary and minor
arterial roads and controlled-access highway right-of-way. The proposed subdivision provides direct
access to lots from an internal local street network. The local street includes a stub connection
to N 1800 Road and to E 1000 Road.
Section 21-607.1 (e) states:
“Local streets shall not intersect arterial streets.” Therefore, a variance is required to proceed
with this design.
The variance provision is found in Section 21-802 of the
Subdivision Regulations and has been revised since the previous consideration
of this property in 2000. Section 21-802
currently states: “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.” The
variance provisions are set out as follows:
(b) A variance 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.
Staff Response: In this case the subject
property is adjacent on three sides by only arterial or highway
rights-of-way. The north and east sides
are bounded by County arterial roads and the south side of the property is
bounded by an interstate highway. No other access to the property is feasible
because a similar condition exists on abutting property to the east and would
result in the length of right-of-way exceeding the maximum length allowed of
1,320’. The abutting property is under
different ownership and is not part of this consideration. The proposed 70’ of right-of-way will
accommodate a residential collector standard and could accommodate three lanes
at the intersection if necessary. Future
division of the property could also assess the need for the provision of an
additional 10’ of right-of-way to bring the interior to an urban collector
street standard, if necessary in the future.
It should be noted that Chapter 8 of Horizon 2020 has been revised, but is not yet fully adopted by both
governing bodies, to address this situation at a policy level. The revised language states; “Direct access
from a local street, public or private, to an arterial street or principal
arterial street within the City of
This variance consideration is applicable to the two
intersections proposed in the Preliminary Plat for N 1780 Road with N 1800 Road
on the north and E 1000 Road on the east, as well as to an additional
intersection recommended for the extension of E 950 Road along the west
property line. The location of N 1780
Road entrance with N 1800 Road and E 1000 is less than the recommended spacing
found in Draft County Entrance and Intersection Spacing Standards (1320)
because the length and depth of the property are insufficient to meet these
standards. The dedication of
right-of-way for E 1000 eliminated the ability to provide separation of 1320’
between E 950 and E 1000 Road. The depth of the property is only 820 feet and
thus is not capable of meeting this corner clearance spacing regardless of the
associated right-of-way dedication for N 1800 Road. This situation was reviewed by the City
Engineer. The separation would be
adequate for City standards. However, it
was noted that intersection traffic at E 1000 and N 1800 on the northeast
corner of the site may be such that left turn movements are prohibitive in the
future.
The intersection of E 950 Road with N 1800 Road exists on
the north side (local with arterial).
The north properties are not platted and therefore there is no
associated variance. This is a condition
that has developed over time by establishment of the road classifications in
the immediate vicinity. This
intersection is located roughly one-half mile between E 1000 and E 900 Road. The extension provides access to three
abutting properties and accommodates reasonable future access to this
area. The County Public Works Director
has reviewed this situation with respect to the Draft County Entrance and
Intersection Spacing Standards and concurs with the findings. The extension of E 950 Road to the south
complies with the spacing between the proposed intersection to the east and a
future intersection to the west.
Staff supports the proposed variance for the intersection
of a local street with an arterial street as proposed with this Preliminary
Plat.
Conceptual Plan
Conceptual plans for this area include the future
improvement of
The subject property is located within Service Area 4, of the Urban Grow