PLANNING COMMISSION REPORT SUMMARY

Regular Agenda -Public Hearing Item

 

PC Staff Report

12/18/06

ITEM NO. 4A:           PRELIMINARY DEVELOPMENT PLAN FOR LAWRENCE HUMANE SOCIETY; 1805 E 19TH ST (SLD)

 

PDP-11-10-06:  Preliminary Development Plan for Humane Society. The property is located at 1805 E 19th Street. Submitted by Landplan Engineering, PA, for Lawrence Humane Society, property owner of record.

 

STAFF RECOMMENDATION: Planning staff recommends approval of the revised Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and forwarding it to the City Commission with a recommendation for approval subject to the following condition:

 

1.      Execution of an agreement not to protest the formation of a benefit district for street and sidewalk improvements to E. 19th Street.

 

 

Reason for Request:

Allow for building addition.

 

KEY POINT

·         Existing building and use.

·         Activity is single use. No other businesses exist on this site

FACTORS TO CONSIDER

·         Compliance with City code (pre July 1, 2006)

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Final Development Plan – FDP-11-07-06 for a 4800 SF addition

·         Final Development Plan – 1995 original development

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None

 

General information

 


Current Zoning and Land Use:

PD–[Lawrence Humane Society]; existing building and grounds.

Surrounding Zoning

 

 

 

RS7 (Single-Dwelling Residential) in all directions; Residential uses and church to the west; Douglas County Fairgrounds to the south; manufactured home park to the north and east.

 

Site Summary

Lot Total

3.64 acres

Original Approval

FDP-09-09-00; Planning Commission approved on October 25, 2000

Waiver

10/25/00 for reduction in side-yard setback along east property line.

Existing Buildings

15,944 SF

Proposed Addition

1,407 SF (Phase 1)

200 SF screened cat porch Phase II

Open Space

121,189 SF existing

 

119,582 SF proposed

 

STAFF ANALYSIS

The subject property is located on the north side of 19th Street across from the Douglas County Fairgrounds. The proposed revision is for the addition of 1,407 SF on the east end of the building and for an additional 200 SF for a screened porch area for cats. The Planned Unit development was originally approved in 1995 for the Lawrence Humane Society. The site was revised in 2000 to included a building addition and relocated stormwater detention pond.

 

The proposed revised Preliminary Development Plan provides for a total of 75% of open space which exceeds the required amount. However, the original plans never separated out the “common open space area” from the total provided for the site. Thus any changes that reduce the amount of open space are subject, by code (20-1013(b) of the Zoning Code pre July 1, 2006), to revisions of both the Preliminary and Final Development Plans.

 

Concurrent Review: Since the development is a single use it can be considered concurrently. The proposed building addition does not alter the overall use of the site or design. The proposed addition does encroach into the peripheral setback. The previous development plan included a waiver to reduce the peripheral setback on the east side. The proposed building additions are consistent with the storage building located in the same area to the north of the main building.

 

Findings described below are updated to reflect current conditions per section 20-1010 of the Zoning Code pre-July 1, 2006. The Review and Decision-Making Criteria found in the Land Development Code section 20-1304 (d)(9) are also shown in blue for comparison.

 

1)    In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City./ (i) The Preliminary Development Plan’s consistency with the Comprehensive Plan

 

Land use policies previously considered included the established industrial development and the encouragement of parcel consolidation to provide infill sites for redevelopment and expansion. There are no proposed plans to combine the subject property with an abutting lot. The proposed use is an expansion of an existing use (animal shelter). Horizon 2020 also addresses transition to less intensive uses. The proposed development does not alter the uses but does include greater screening along the east property line to address the residential use to the east.

 

Staff FindingThere are no changes to expand the boundary of the industrial zoning district for this property. Additionally there are no proposed changes to the location or access of the use which are also policy considerations found in Horizon 2020. The relevant policies for the subject property are those site development standards to address screening. The proposed development plan complies with the recommendations for screening elements from lesser uses.

 

2)    In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development. [The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance (pre July 1, 2006)]. / (ii) The Preliminary Development Plan’s consistency with the PD standards of Section 20-701 including the statement of purpose.

 

Staff Finding The October 25, 2000 staff report stated: “The proposed development design is consistent with the Statement of Objectives in regards to density, efficiency of proving municipal services, and use of open space, and preservation of exiting vegetation.”  The proposed revisions provide more clarity to what is considered to be “common open space” for the site. No changes are proposed to density or use other than the building additions to the main facility. The proposed 2006 changes are also consistent with the Statement of Objectives of the previous zoning code.

 

3)    The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan./ (iii)  The nature and extent of the common open space in the PD; (iv) The reliability of the proposals for maintenance and conservation of Common Open Space; And (v) the adequacy or inadequacy of the amount and function of Common Open Space in terms of the densities and Dwelling types proposed in the plan.

 

Section 20-1013 (b) of the Zoning Code (pre-July 1, 2006) states:

(b)      A plan submitted for final approval shall be in substantial compliance with the plan previously given preliminary approval.  Modification by the landowner of the plan as preliminarily approved may not:

(1)      Increase the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, open air recreation area or non­-encroachable area, nor the substantial relocation of such areas; nor,

(2)      Increase by more than 10 percent the total floor area proposed for non­-residential or commercial uses; nor,

(3)      Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.

 

The proposed changes do not affect the density of the proposed use. The addition will allow for facility improvements and animal care but is not an increase in intensity. The proposed improvements do reduce the amount of common open space based on the original calculations. The proposed addition represents a 10% increase in the total floor area of the use. Because the proposed change exceeds these provisions a revised Preliminary and new Final Development Plan are required for consideration.

 

The PUD ordinance required a minimum of 20% of open space for the site. This area is shown on the revised Preliminary Development Plan as a shaded area. Much of this area overlaps with the stormwater detention area for the site. The open area to the west is used for an outdoor play area/exercise area for the animals. The establishment of a specific area will allow for future changes to be considered administratively if they are minor in nature.

 

Staff Finding The site is under single ownership and does not include multiple uses or tenants of the site. The control of the open space is established by the development plan.

 

 

 

 

 

 

4)     Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment. / (vi) Whether the Preliminary Development Plan makes adequate provisions for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment.

 

Staff Finding Proposed changes to the site for the building addition do not affect public services or vehicular access to the site.

 

5)  Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area. /(vii) Whether the Preliminary Development Plan will measurably and adversely impact development or conservation of the neighborhood area by a) doubling or more the traffic generated by the neighborhood; b) proposing housing types, building heights or building massing(s) that are incompatible with the established neighborhood pattern; or increasing the residential density 34% or more above the Density of adjacent residential properties; and (viii) whether potential adverse impacts have been mitigated to the maximum practical extend

 

Staff FindingScreening is added along the west property line to augment the fencing along the property line and provide additional screening to the residential uses to the east.

 

6)  In what respects the plan is or is not in conformance with the development standards and criteria of this article. [The general standards are found in Section 20-1006 and Preliminary Development Plan requirements are listed in Section 20-1010 (pre-July 1, 2006)]

 

Staff Finding The proposed improvements extend into the peripheral setback along the east property line. A waiver was granted to reduce the setback along the east property line for the 2000 building addition. The proposed building addition is consistent with the previous approval which reduced the setback from 30’ to 22.5’.  

 

7)  In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development. [This finding refers to Section 20-1005 of the Zoning Ordinance. (Pre-July 1, 2006)] (ii) The Preliminary Development Plan’s consistency with the PD standards of Section 20-701 including the statement of purpose.

 

Staff Finding The subject property has all ready been approved and published for Planned Unit Development. There are no proposed changes to the overall use of the property nor are there any proposed changes to the boundary of the district associated with the request. 

 

8)  The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan that proposes development over a period of years. / (ix) The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PD in the case of a plan that proposes development over a period of years.

 

Staff Finding The revised development plan includes two phases. Both development phases are very small. There should be no or minimal disruption to the surrounding area as a result of the building addition.

 

9)  Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

 

Staff Finding City staff has reviewed the proposed revisions and building additions for the subject property.  A drainage study is not required for this project because the increase in impervious surface is less than 10 percent. The revised preliminary and final development plan dated 11-01-06 meets the specified requirements. There are no conditions of approval associated with this site element.

 

City Codes:

 

The subject property was initially developed under the old City Zoning Ordinance that included Preliminary and Final Developments. The new Land Development Code defines the process and gives a definition of a major modification to an approved Final Development plan in section 20-1304 (f) (5) and 20-1304 (e) (2) (iv) respectively.

 

20-1013 (pre-July 1)

20-1304 Land Development Code)

 

Section 20-1013 (b) of the Zoning Code (pre July 1, 2006) states:

A plan submitted for final approval shall be in substantial compliance with the plan previously given preliminary approval.  Modification by the landowner of the plan as preliminarily approved may not:

(1)      Increase the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, open air recreation area or non­-encroachable area, nor the substantial relocation of such areas; nor,

(2)      Increase by more than 10 percent the total floor area proposed for non­-residential or commercial uses; nor,

(3)      Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.

 

Section 20-1304 (E) (2) (iv) of the Land Development Code effective July 1, 2006) states:
A Major Change is one that:

a. increases the proposed gross residential Density or intensity of use by more than five percent (5%)

 b. involves a reduction in the area set aside for Common Open Space in general, or Recreational Open Space or Natural Open Space in particular, or the substantial relocation of such areas;

c. increases by more than 10 percent (10%) the total Floor Area proposed for nonresidential uses;

d. increases by more than 5 percent (5%) the total ground area covered by Buildings;

e. changes a residential use or Building type;

f. increases the Height of Buildings by more than 5 feet; or

g. represents a new change to the Preliminary Development Plan that creates a substantial adverse impact on surrounding Landowners.

 

 

These criteria for a major change are similar. The proposed increase does represent a 10% addition to the building. The addition represents only 1% of the total site. The primary change is the reduction to open space because of the original calculation that counted all undeveloped/unpaved ground as “common open space.”