STAFF REPORT Planning and Zoning Case 16-11R&PDP Staff: Mike Peterman, City Planner Date: March 28, 2016 GENERAL INFORMATION Application: Applicant: Location: Existing Land Use/Zoning: Future Land Use Designation: Proposed Zoning: Surrounding Land Uses/Zoning: P&Z Case 16-11R&PDP: Rezone and Preliminary Development Plan to rezone 17.31 Acres from R-1A, Suburban Residential District to PD, Planned Development District at SLP and Flintlock Curtis Petersen / Polsinelli PC 6205 College Boulevard, Suite 500 Overland Park, KS 66211 17.31 acres North of South Liberty Parkway between N. Flintlock and Plummer. Vacant / R-1A, Suburban Residential district and R-3, Single Family Cluster Residential District Neighborhood Commercial PD, Planned Development District to allow the development of Liberty Parkway Heights, a 204 unit multi-family development and 58,000 sq. ft. of commercial space North: Rural Residential / R-1A South: Rural Residential / R-1A East: Rural Residential / R-1A West: Single-Family Residential & Single Family Cluster Residential / R-1A & R-3 File Date: February 5, 2016 PREVIOUS CASE PZ Case 16-12PP is running concurrently with this application. 1
APPLICANT S PROPOSAL The below narrative is the applicants written proposal. Liberty Parkway Heights is a Planned Development of approximately 17.43 acres, which is comprised of +/-10 acres of residential apartments and +/-7 acres of commercial development. It is currently estimated that the overall development as designed will provide approximately 39% of the total land area as open space. The residential portion (lot 1) is +/- 10 acres and will have a total of 204 dwelling units distributed through 7 apartment buildings. The buildings will house a mix of one, two and three bedroom units. The buildings will be comprised primarily of horizontal lap fiber-cement siding and stone veneer with asphalt composition roofing. Also included will be a community clubhouse and amenities such as a pool, sport court, and dog park. This portion of the development will provide parking a rate of 2 cars per living unit with 50 individual enclosed, leasable parking garages for the residents. Access for the apartments is proposed to be both off of Plummer Rd. and by way of a new public roadway located between commercial lots 2 and 3 adjoining N. Flintlock Rd. The commercial portion of the development is +/- 7 acres and will provide +/- 58,000 square feet of leasable space. It is divided into two lots: lot 2 (south lot) and lot 3 (north lot). Lot 2 will occupy +/-5 acres and will provide +/- 52,000 square feet of commercial leasable space and +/- 250 parking spaces. Lot 3 is +/-2 acres and will provide +/- 6,000 square feet of commercial leasable space with +/- 41 parking spaces, along with one of the development's required detention basins. It is expected that these businesses will serve the residents of the neighboring apartments and other residential neighborhoods. These buildings will be a single story in order to maintain a pedestrian scale while also including attractive architecture. This will be accomplished through the use of masonry such as brick, stone, and/or stucco, standing seam metal roofing and other such materials indicative of quality architecture. Due to its proximity to the intersection at S. Liberty Parkway and N. Flintlock Rd., the commercial portion will be oriented away from the intersection, while also providing quality, architectural screening. This design proposes 2 access points into the development for the commercial uses. One will be directly off of S. Liberty Pkwy with the other off of the proposed new public roadway between commercial lots 2 and 3 adjoining N. Flintlock Rd. These two entries will have signage and will use landscaping to properly identify the entrances from the primary roadways. The onsite parking will also include landscaped islands as required. Between the residential and commercial portions of the project there will be a landscape buffer with transitional grade change. Use The applicant proposes that the site be commercial and high density residential. The residential portion will have 204 units on 10 acres. The commercial portion is proposing to provide 58,000 sq. ft. of commercial space on 7 acres Site Design The residential development is comprised of 7 buildings that are 3 stories tall, and a clubhouse. A pool, dog park area, and a sport court are being proposed as amenities to the site. The buildings are situated around the perimeter of the site to provide significant open space between the buildings. In final development plan phase, staff will work with the applicant on final-level details to the site plan. The commercial portion is comprised of 10 buildings between 5000-7500 sq. ft. each. It is expected that these 2
businesses will serve the residents of the neighboring apartments and other residential neighborhoods. development plan phase, staff will work with the applicant on final-level details to the site plan. In final Building Design The 7 residential buildings will be split into 3 designs. Type A will have 24 units each, Type A2 will have 36 units each and Type C will have 36 units. The will be four Type A buildings, two Type A2 and one Type C. All the buildings are proposed to be 3 stories tall. The plan proposes there to be 96 one bedroom units, 96 two bedroom units and 12 three bedroom units. As proposed, the buildings will have be comprised primarily of horizontal lap fiber-cement siding and stone veneer with asphalt composition roofing. A clubhouse with similar design is also proposed. Final building details will be worked through during the final development plan phase. The commercial portion buildings will be a single story in order to maintain a pedestrian scale while also including attractive architecture. This will be accomplished through the use of masonry such as brick, stone, and/or stucco, standing seam metal roofing and other such materials indicative of quality architecture. Access/Circulation/Parking The proposed residential portion includes two entrances on Plummer Road and a private drive will loop through the site. There are 412 parking stalls total, 362 surface stalls and 50 garages proposed for the residential portion of the site. The commercial portion will provide 291 parking stalls. The proposed number of parking stalls meets the standards within the Unified Development Ordinance (UDO) which requires 2 parking stalls for each dwelling unit and 1 per 250 sq. ft. of commercial space. Two entrances are being proposed for the commercial portion of the site. One from right in-right out only drive on South Liberty Parkway and the second from a proposed public road that connects N. Flintlock Road and Plummer Road on the northern portion of the property. Site and parking lot lighting must be designed to minimize light spillage onto neighboring properties and will be further addressed in the final development plan application. Landscaping/ Parkland The property exceeds the 20% open space requirements by providing 39% open space on site. Ornamental trees, evergreens and shrubs are planned throughout the site. Further evaluation of landscaping will occur at Final Development Plan phase. As no parkland has been identified for this project, a fee-in-lieu of parkland dedication will be due as required in Sec. 90-94.1of the UDO. PUBLIC INFRASTRUCTURE The submitted plans for this application have been evaluated in accordance with the adequate public facilities ordinance: Streets The proposed residential portion includes two entrances on Plummer Road and a private drive will loop through the site. Two entrances are being proposed for the commercial portion of the site. One from a right in-right out only drive on South Liberty Parkway and the second from a proposed public road that connects N. Flintlock Road and Plummer Road on the northern portion of the property. Sanitary Sewer Sanitary sewer service will be provided via 8 sanitary sewer main through the property. 3
Water Water service will be provided via an 8 public main to be extended through the property. Stormwater Stormwater will be collected by an on-site collection system directed to the storm water detention areas located on the site, two on the southern portion and on the northern point, then released into the Liberty stormwater system at an acceptable rate. Final detailed stormwater analysis will be required at the final development plan phase. STAFF ANALYSIS Staff evaluates all rezoning applications in accordance with the following criteria described in section 30-24.3 of the Unified Development Ordinance: 1. The conformance of the proposed rezoning to the comprehensive plan and other adopted planning policies. Principle #1 of the The Blueprint for Liberty states that the City of Liberty should be a full-service community for a diverse population consisting of neighborhoods designed for interaction. All development should be designed using human scale dimensions as opposed to those of the automobile. The Future Land Use Map identifies this area as Neighborhood Commercial. This use is described in the South Liberty Corridor Study: Neighborhood Commercial - This development pattern is more common for areas that are adjacent to, and connected with, residential areas. The objective is to allow and encourage retail customers to travel to these areas by vehicle, bike or foot. Neighborhood commercial centers would not allow large box establishments and the outdoor display of merchandise would be restricted. The addition of the residential component is not in conformance with the currently identified land uses designated for this site on the Future Land Use Map and South Liberty Parkway Corridor Study. Therefore, Staff does not believe this proposal satisfies the intent of the comprehensive plan, Future Land Use Map or the South Liberty Parkway Corridor Study. 2. The effect the proposed rezoning will have on properties in the general vicinity. The UDO describes the Planned Development District (PD) as: The purpose of the planned development district is to facilitate the development of unique, large scale or mixed use developments, or for the development of difficult sites due to topographical or other environmental considerations. The PD district allows a mix of land uses, densities, setbacks, and building heights for a defined area. This zoning district is intended to encourage innovative and creative design and to facilitate a mix of uses in the development of a balanced community. The proposal of a PD zoning district is appropriate and will facilitate a mix of uses in the development. 3. The extent to which public facilities and services are available and adequate to meet the demand 4
generated by the proposed use. As further described in the Infrastructure section, the site will be served by adequate public facilities. In accordance with the Liberty Unified Development Ordinance (UDO), staff s analysis of a Preliminary Development Plan application is guided by Section 30-27.3. In evaluating an application for a preliminary development plan the following three criteria are considered: 1. The plan substantially complies with the intent of the comprehensive plan; As addressed above, staff believes this proposal does not satisfy the intent of the Comprehensive Plan and the Future Land Use map. 2. The plan complies with the provisions of this UDO; The plan meets all standards and provisions and requires no variances. 3. The plan substantially complies with approved city development standards and policies; Staff finds that this PD does not comply with the intent of city development standards and policies. STAFF RECOMMENDATION This application is not in conformance with the Future Land Use Map. Staff finds that this application does not meet the standards of review for a rezoning and preliminary development plan and so staff recommends denial of P&Z Case 16-02R&PDP. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning commission recommended approval of the application by a vote of 4-2 ATTACHMENTS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Vicinity Map Applicant s proposal Planning and Zoning Commission Minutes Enabling Ordinance 5
Project Location AN SW E AV A S IN T G A PA S RW AY MANO AY RD RW C K IN O MERCY DR SO PLUMMER RD FL TL UT H LI BE RT Y PK W Y ISO RR GA RD N P&Z 16-12PP - Premliminary Plat for Liberty Parkway Heights Exhibit A: Vicinity Map
MEMORANDUM To: Mayor and City Council From: Michael Peterman, City Planner Date: March 28, 2016 Subject: Changes to Staff Reports for P&Z Case 16-11R&PDP and 16-12PP: Rezone & Preliminary Development Plan and Preliminary Plat to rezone 17.31 Acres from R-1A, Suburban Residential District to PD, Planned Development District at SLP and Flintlock Prior to the Planning and Zoning Commission meeting for PZ Case 16-11R& PDP, Staff s recommendation of denial was based on two items; (1) The applicant was requesting a full access drive from South Liberty Parkway into the development, and (2) The applicant did not address changing the Comprehensive Plan land designation of the property. The applicant s traffic engineers confirmed the City s position regarding the safety and validity of a full access drive from South Liberty Parkway late on Monday, March 7 th. This was well after the Planning and Zoning Commission received the staff reports for the March 8 th meeting. The transcripts from the Planning and Zoning Commission meeting summary will reflect the applicant s conformance with the City s request to only allow a right-in/right-out access from South Liberty Parkway. Staffs standing recommendation of denial is based upon the criteria requirement of conformance to the Comprehensive Plan Future Land Use Map. The proposal of high density residential does not meet the current designation of Neighborhood Commercial identified on the Future Land Use Map for this parcel. At the March 8 th Planning and Zoning Commission meeting, the commission voted to recommend approval of the project to the City Council.
Case 16-11R&PDP: Rezone & Preliminary Plan for Liberty Parkway Heights, 17.31 acres from R-P3 & R1-A to PD to allow 204 multi-family units & 57,643 sq ft of commercial use at SLP and Flintlock [Public Hearing] Mr. Peterman presented the Rezone and Preliminary Plan application as described in the staff report, clarifying that the full access movement has been reduced to a right in, right out access. Chairman Rosekrans asked if there were any questions of staff. Commissioner Personett asked why staff was recommending denial. Mr. Peterman said although the safety level access issue has been resolved, the issue of conformance to our Comprehensive Plan, specifically the Future Land Use (FLU) Map has not been met. Ms. Sharp said the criteria for staff review is very clear and includes conformance to the Future Land Use Map. Commissioner Armstrong said we had this issue prior on the project on Mississippi and Prairie. Ms. Sharp clarified that the situation there was different because there were conflicting designations between the Downtown Master Plan map, the Future Land Use Map, and portions of the plan which specifically described that property. Staff s analysis on that project was inconclusive because of the differing reports. In this case tonight, the Land Use designation is very clear, the applicant was aware of this but opted to come forward without amending the land use plan. Chairman Rosekrans asked how it is zoned now and what could be there in future. Ms. Sharp said the property is zoned for large lot (3 acre) residential, and the land use map identifies it as future Neighborhood Commercial. The first phase of development and the majority of the property are being proposed as high density residential. Commissioner Armstrong asked if would be amended in the future. Ms. Sharp said there is a task force discussing South Liberty Parkway land uses right now, but as staff was expecting a Land Use Amendment application for this project, this parcel was left out of the discussion and remains the same land use. Commissioner Armstrong asked what harm could come from rezoning not in conformance to FLU map. Ms. Sharp said the staff analysis requires it s conformance in order to make a favorable recommendation. She said her concern is that we skipped an opportunity for discussion at a broader lever as to whether apartments are wholly appropriate here. She said it also skips an opportunity for public input considering the neighbors are notified for FLU amendments. Commissioner Waterman asked if the neighbors were notified of this meeting. Ms. Sharp said the neighbors within 185 feet from property were sent a notification letter, a sign PZ Minutes Excerpt
was placed on property and the legal notice was posted in the Tribune. She added that she was surprised there was not a turn out for the meeting because she had spoken with numerous concerned citizens from the neighborhood to the north. Karan Johnson, Economic and Business Development Manager for the City of Liberty said that the task force put together to discuss the South Liberty Parkway has not completed the analysis of uses yet and those would be brought forward to the Commission and Council for adoption when complete. Hearing no additional questions from Commissioners, Chairman Rosekrans asked if the applicant had comments. Curtis Peterson, Polsinelli Law, 6201 College Boulevard, Overland Park, KS, (applicant s representative) showed some renderings on the screen. He said Phase 2 of the project will be within this neighborhood commercial style, they anticipate this within 5 years. He said this area will probably develop after Whitehall to the west and it s not ready for prime time yet. He said they will be doing improvements to Plummer as part of the project. He said this will be quality project with emphasis on stone and landscaping. He said the full access issue was one the property owner really wanted but they could not make it work from a traffic analysis standpoint. He said the Neighborhood Commercial asks for the commercial to be close to residential and this project will do that by bringing residential and then commercial. He said staff made them aware early that the land use needed to change, but the property owner is ready to move dirt now. Chairman Rosekrans asked if Commissioners had any other questions for staff or the applicant. Hearing no further questions, Chairman Rosekrans opened the public hearing. Bill Gaines with the Catholic Diocese said they own the 60 acres to the east side of the property and they are in favor of this development. Seeing that no one else wished to speak, Chairman Rosekrans closed the public hearing. Chairman Rosekrans asked if the Commissioners had further questions of staff. Hearing no other questions, Chairman Rosekrans asked for a motion. Commissioner Personett made a motion to approve the application. Commissioner Waterman seconded the motion. Commissioner Reinier said he felt we should look at the vision for the area before approving this rezoning. Chairman Rosekrans said he agrees, that he would like to see what comes of the Task Force discussing the South Liberty Parkway, and perhaps a step was skipped in trying to rezone without that information. Commissioner Armstrong said he too was concerned about preempting the Task Force discussion but likes the project. PZ Minutes Excerpt
Commissioner Personett said he does not want to delay development and this developer seems eager. He added that he would approve the Land Use change in this location because High Density Residential seems to fit here. The motion carried 4-2-0. Chairman Rosekrans informed the audience this case will be heard by City Council on Monday, March 28, 2016, at 7:00 p.m. in the Council Chambers. PZ Minutes Excerpt
Document No. P&Z Case No. 16-11R&PDP ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIBERTY, MISSOURI BY REZONING 17.31 ACRES AT THE NORTHEAST CORNER OF SOUTH LIBERTY PARKWAY AND FLINTLOCK ROAD FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT TO ALLOW THE DEVELOPEMNT OF LIBERTY PARKWAY HEIGHTS, A 204 UNIT APARTMENT AND COMMERCIAL DEVELOPMENT BE IT ORDAINED by the City Council of the City of Liberty, Missouri as follows: SECTION I WHEREAS, the City Council finds that the rezone described duly conforms to the standards and requirements of the Unified Development Ordinance of the City of Liberty, Missouri, the official zoning map shall be and the same is hereby amended rezoning Liberty Parkway Heights in the City of Liberty, Clay County, Missouri, the legal description of which is as follows: AREA TO BE REZONED TO PD: Commencing at the Southeast corner of said Southwest Quarter; thence North 00 51' 03" East 316.69 feet on the East line of said Southwest Quarter to the Point of Beginning of the Parcel of land herein described; Thence North 89 08' 57" West 30.00 feet to the West Right -of-way line of Plummer Road established by said Condemnation Case, and to the beginning of a curve non-tangent to the last described course, concave westerly and having a radius of 447.46 feet; Thence southwesterly on said curve and said West Right-of-Way line an arc length of 67.71 feet, said curve having an initial tangent bearing of South 14 47' 12" West and a central angle of 08 40' 12", to a point of tangency; Thence South 23 27' 24" West 109.51 feet continuing on said West Right-of-Way line; Thence South 63 25' 39" West 11.88 feet continuing on said West Right-of-Way line to the northerly Right-of-Way line of South Liberty Parkway (a 120.00 feet wide Right-of-Way) established by said Condemnation Case, and to a point on a curve non-tangent to the last described course, concave northeasterly and having a radius of 1375.39 feet; Thence northwesterly on said curve and said northerly Right-of-Way line an arc length of 909.86 feet, said curve having an initial tangent bearing of North 64 58' 32" West and a central angle of 37 54' 10", to a point of tangency; Thence North 27 04' 22" West 202.55 feet continuing on said northerly Right-of-Way line; Thence North 03 52' 17" West 31.55 feet continuing on said northerly Right-of-Way line to the southeasterly Right-of- Way line of Flintlock Road (a variable width Right-of-Way from 120.00 feet wide to 100.00 feet wide) established by said Condemnation Case; Thence northeasterly and northerly on said southeasterly Right-of-Way line the following 4 courses and distances: 1) North 62 55' 38" East 135.86 feet to the beginning of a tangent curve concave northwesterly and having a radius of 1492.39 feet; 2) Thence northeasterly on said curve an arc length of 352.12 feet, said curve having a central angle of 13 31' 07", to the beginning of a curve non-tangent to the last described course, concave northwesterly and having a radius of 1487.39 feet; 3) Thence northerly on said curve an arc length of 285.72 feet, said curve having an initial tangent bearing of North 47 24' 44" East and a central angle of 11 00' 22" (the radial bearing to the end of said curve being South 53 35' 38" East), to the beginning of a curve nontangent to the last described course, concave northwesterly and having a radius of 1482.39 feet; 4) Thence northerly on said curve an arc length of 422.48 feet, said curve having an initial tangent
ORDINANCE NO. (CONT.) bearing of North 38 24' 32" East and a central angle of 16 19' 45" (the radial bearing to the end of said curve being South 67 55' 12" East); Thence South 85 00' 33" East 50.49 feet continuing on said southeasterly Right-of-Way line to the East line of said Southwest Quarter; Thence South 00 51' 03" West 1492.14 feet on said East line to the Point of Beginning, said Parcel containing 759,275 square feet or 17.4306 acres. SECTION II The City Council finds and declares that, prior to any action on the amendment herein described, all requirements pertaining to notices and hearings have been fulfilled. SECTION III Any and all development within the above-described lot shall comply with all applicable standards and requirements as set forth in the City Code of the City of Liberty, Missouri. SECTION IV This Ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor. PASSED by the City Council this day of, 2016. ATTEST: MAYOR DEPUTY CITY CLERK APPROVED by the Mayor this day of, 2016. MAYOR