Urban Planning and Land Use

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1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) To: From: City Planning Commission City Staff Date: July 9, 2018 Re: Preliminary and Final Plat Hayward Acres GENERAL INFORMATION Applicant: Joseph A. Herring Status of Applicant: Representative William A. Hayward 9630 Nelson Lane Kansas City, KS Requested Action: Approval of a Preliminary and Final Plat Date of Application: May 24, 2018 Purpose: To plat five (5) Residential lots Property Location: 9630 Nelson Lane Commission Districts: Hayward Acres Final Plat July 9,

2 1. Commissioner At-Large: Melissa Bynum 2. District Commissioner: Michael T. (Mike) Kane Existing Zoning: A-G Agriculture District Existing Surrounding Zoning: North: A-G Agriculture District South: R-1 Single-Family District East: A-G Agriculture District West: A-G Agriculture District Existing Uses: North: South: East: West: Farming/Ranch Operation Farming/Ranch Operation Farming/Ranch Operation Farming/Ranch Operation, Multiple Dwellings Neighborhood Characteristics: This neighborhood is primarily agricultural in nature. Total Tract Size: 28.2 acres Master Plan Designation: The Prairie Delaware Piper Master Plan designates this property as Low-Density Residential. Major Street Plan: The Major Street Plan designates Nelson Lane as a Class B Thoroughfare. Advertisement: Wyandotte Echo None Required Letters to Property Owners June 13, 2018 Public Hearing: July 9, 2018 Public Opposition: None to date PROPOSAL Outline of Requested Action: The applicant, Joseph Herring with Herring Surveying Company, seeks to plat a 28.2-acre lot at 9630 Nelson Lane for five (5) residential lots. City Ordinance Requirements: Article XXI Sections FACTORS TO BE CONSIDERED 1. Development of such character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise or other adversity. This development is of such character that it can be used safely without danger to health, or peril from fire, flood, and excessive noise or other adversity. It is unclear if development will be of such character without Hayward Acres Final Plat July 9,

3 danger or peril from erosion, as an Erosion Plan was not submitted with the application. 2. The extent to which utilities and public services are available and adequate to serve the proposed use. a. Water service Available b. Sanitary sewer service Unavailable on property, septic tanks will have to be developed to UG, Health Department, and KDHE standards and requirements c. Storm water control Available d. Police e. Fire Police service provided by the Wyandotte County Lake Rangers Patrol, District #223 Fire service provided by Station #4 f. Transit Kansas City ATA does not provide transit service near this property. g. Schools Piper USD Streets are designed so as to provide a safe, convenient and functional system for vehicular traffic, and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probable future land and building uses. The street is not up to current standards for new development. 4. Assurance that buildings, lots, blocks, parcels and streets are so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for long-term sustained real estate values. Hayward Acres Final Plat July 9,

4 Lots are so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for long-term sustained real estate values. 5. Development patterns are designed with due regard to topography, so that the natural features of the land and vegetation shall be protected and enhanced. An Erosion Control plan was not included in the application; thus, it is unclear if the development will be designed with due regard to topography or not. 6. Adequate sites are provided for schools, parks, playgrounds, and other community services so that residents of all neighborhoods shall have convenient access to such facilities. KEY ISSUES This is not applicable. Preliminary and Final Plat Revisal Erosion Control Plan Geospatial Services Comments Engineering Comments for Preliminary and Final Plat Revisal STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Changes to the plats not associated with the County Surveyor s, Conservation District, or Public Works and Engineering comments will not be accepted after Planning Commission approval. 2. A copy of a preliminary set of protective covenants to run with the land shall be submitted with all preliminary plats containing five or more lots and designed for single-family and two-family residences. Such restrictions shall have a life of not less than 50 years and contain at least a minimum floor area requirement for residences to be constructed therein, along with a maintenance plan and funding structure for all proposed private open or common areas. 3. Include utility easements on Preliminary Plat. Staff note: Applicant revised Preliminary Plats to show utility easements. 4. The applicant is requesting a road improvement exemption by the Public Works Department because the subdivision abuts an existing roadway in deteriorated condition per Section (b). Conservation District Comments: Hayward Acres Final Plat July 9,

5 1. There are seven major soil types that were identified: Ladoga silt loam, 3 to 8 percent slopes, Knox silt loam, 12 to 18 percent slopes, Gosport-Sogn complex, 7 to 35 percent slopes and Knox silt loam, 7 to 12 percent slopes. The soil types are considered highly erodible when the surface is denuded of a protective cover. 2. We received nothing on this proposed subdivision to review. There are steep slopes in this area, so an erosion control plan will be needed. Since we had nothing to review, we recommend not approving this project until such time as they have an approved Erosion Control Plan. If this project is allowed to proceed without proper erosion control, there is a great potential for offsite sediment damage. 3. The Best Management Practices in this report can be used to create an Erosion Control Plan for the project. a. The following Best Management Practices are recommended for this plat: i. Access Road Temporary entrance/exit pads should be constructed of a stone base design to provide a buffer area where construction vehicles can drop their mud to avoid transporting it onto public roads. See the Protecting Water Quality Field Guide pages for Temporary Gravel Construction Entrance/Exit Pad. ii. Dust Control Any combination of the following may be used to help reduce the dust and air pollution at a construction site; vegetative cover, sprinkling, barriers, street cleaning and mulching. See the Protecting Water Quality Field Guide pages for Dust Control information. iii. Critical Area Planting - After final grade has been completed permanent vegetation will be established. See the Protecting Water Quality Field Guide pages for Temporary, and Permanent Seeding. iv. Filter Strips During development, strategic non-disturbance of existing perennial grass vegetation can function as filter strips. See the Protecting Water Quality Field Guide pages for Filter Strip. v. Silt Fences- Temporary sediment barrier consisting of a geotextile fabric which is attached to supporting posts and trenched into the ground may be substituted for vegetative strips. Install on the contour, where fence can intercept runoff as a sheet flow; not located in crossing channels, waterways or other concentrated flow paths. See the Protecting Water Quality Field Guide pages for Sediment Fence. vi. Sediment Trap -Temporary catch basins consisting of a row or more of entrenched and anchored straw bales can be utilized in minor swales with less than 2 acres of drainage. See the Protecting Water Quality Field Guide for Straw Bale Sediment Trap. vii. Mulching Mulch can be applied to seeded areas to help establish plant cover. It can also be used in unseeded areas to protect against erosion over the winter or until final grading and shaping can be accomplished. See the Protecting Water Quality Field Guide pages for Mulching. viii. Precision Land Forming Keep disturbed areas small; open only the land that is minimally necessary to perform the intended construction activities; and only for the minimum duration of time necessary to complete construction. Permanent or temporary soil stabilization Hayward Acres Final Plat July 9,

6 should be applied to denuded areas that will remain undisturbed for longer than 60 days. ix. Sediment Basins This best management practice should be utilized in the natural concentrated flow areas to protect adjacent property and meet the National Pollution Discharge Elimination Systems Permit (NPDES). See the Water Quality Field Guide pages for Temporary Sediment Trap and pages for Sediment Basin. 4. There may be a need for sediment basins, silt fence, steep slope blanket protection, seeding and mulching. These are a few of the erosion control measures that can be used. 5. Shrink Swell potential has been identified as a limiting factor for the development of dwellings. Shrinking and swelling can cause damage to buildings, roads and other structures and to plant roots. Special design commonly is needed. Geospatial Services Comments: 1. We find that the plat is: Presently unacceptable for posting. Please note the following comments. a. Corner Ties - I don t find any ties to corners found. b. Right-of-Way dedication - The plat should show that 10 feet extra is being dedicated for Nelson Lane. Public Works and Engineering Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) Engineering comments are listed as stipulations below. B) Items that are conditions of approval (stipulations): 1) Public Street and applicable Storm Improvements to 97 th Street shall be made unless the applicant requests and obtains a variance from the Planning Commission. 2) Prior to construction permit acquisition, plans which illustrate septic tank systems which handle sanitary waste, and comply with all UG, Health Department, and KDHE standards and requirements shall be provided. 3) Prior to construction permit acquisition, a valid permit is required to be obtained from the Wyandotte County Health Department for construction of private on-site wastewater system. 4) Construction plans shall meet UG standards and criteria and shall be reviewed and approved by UG prior to construction permit acquisition. C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None Staff Conclusion Applicant should be held over to create an Erosion Control Plan, obtain a variance from road improvements, and ensure that the plat is acceptable for posting. Hayward Acres Final Plat July 9,

7 STAFF RECOMMENDATIONS Staff recommends that the City Planning Commission make the findings contained within the staff report related to Factors to be Considered, and Key Issues and HOLD OVER Preliminary and Final Plat of Hayward Acres, due to the comments and suggestions outlined in this staff report. ATTACHMENTS Aerial Image Zoning Map Final Plat Preliminary Plat Final Plat Revisal Preliminary Plat Revisal Comment Response REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Board of Commissioners Public Hearing July 9, 2018 July 26, 2018 Plat STAFF CONTACT: Mason Herrman MOTIONS I move the Kansas City, Kansas City Planning Commission HOLD OVER Hayward Acres, Preliminary and Final Plat for the reasons listed in the staff report. OR I move the Kansas City, Kansas City Planning Commission APPROVE Hayward Acres Preliminary and Final Plat as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: 1. ; 2. ; And 3.. Hayward Acres Final Plat July 9,

8 OR I move the Kansas City, Kansas City Planning Commission DENY Hayward Acres, Preliminary and Final Plat as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. Hayward Acres Final Plat July 9,

9 Hayward Acres Final Plat July 9,

10 Hayward Acres Final Plat July 9,

11 Final Plat Hayward Acres Final Plat July 9,

12 Preliminary Plat Hayward Acres Final Plat July 9,

13 Final Plat Hayward Acres Final Plat July 9,

14 Preliminary Plat Hayward Acres Final Plat July 9,

15 HERRING SURVEYING COMPANY 315 North 5 th Street Leavenworth, KS Fax June 18, 2018 Carl Reed 701 North 7 th Street, Room 423 Kansas City, Kansas Re; Hayward Acres 9630 Nelson Lane Reponses per and Letters Dated June 6, 2018 PLAT Hayward Acres Erosion Control Review No.1 - Noted No dirt work is planned or required at this time. PLAT Hayward Acres General Engineering Review No. 1 per comments in letter 1) No improvements are required or planned at this time. Utilities are in place and shown on plat. 2) Not Applicable 3) Noted and will be shown 4) Noted and will be shown 5) Noted and will be shown 6) Noted 7) This is a rural area. There are no storm or sanitary sewers in place and most likely never will be. Septic systems will be used. 8) Existing Utilities, no changes are anticipated or required. 9) Noted and will be shown 10) Noted and will be shown 11) Noted and discussed in detail with the Director of Engineering, Brent Thompson. 12) Noted PLAT Hayward Acres Sanitary Sewer Review No. 1 - Septic and Lateral Fields to be installed PLAT Hayward Acres - Storm Drainage No. 1 - Discussed with Brent Thompson Existing Drainage is adequate for the proposed lot size and has existed for over 30 years. PLAT Hayward Acres Street Review No. 1 Hayward Acres Final Plat July 9,

16 - Discussed with Brent Thompson Per Article VII Section (b), UG Director of Engineering recommends no improvements to existing dead end road because it would be cost prohibitive and place an extreme hardship on the existing property owner. Hayward Acres Final Plat July 9,