STAFF REPORT

February 19, 2020

To: Southwest Consolidated Zoning Board Fr: Pamela Hayhow, AICP, Senior Planner Re: Application No. SW 20-33-PP/FP (GA) Three Willow

APPLICATION INFORMATION

Landowner/Applicant: Stephen and Beth Hines

Requested Actions: Preliminary and Final Plat to replat two tracts into one residential lot (to be known as Three Willow)

Legal Description: Part of Section 12, 14, Range 22 (Tracts 6 and 7 of a Certificate of Survey recorded in 1977).

Site Address/Location: 29147 and 29183 W. 151st St.

Existing Land Use/Zoning: Vacant/RUR, Rural zoning

Existing Improvements: Vacant

Site Area: Approximately 1.6 acres

PROPOSAL

The owner is requesting to replat his property in order to combine two tracts created from a Certificate of Survey recorded in 1977 into one larger, single lot. The requested replat will Subject Olathe remove the shared property line Property (combining the two tracts into one lot), so a new single- family house can be constructed closer to the center of the property and meet all required setbacks. The property is zoned RUR, Rural district, and is nonconforming in size Gardner and amount of frontage required for a NORTH driveway on a CARNP designated arterial. The proposed replat will Figure 1: Vicinity map remove the exiting property line dividing the tracts, which opens up the center of the property by also removing the associated setbacks, and will bring the proposed larger, single lot closer to compliance with the lot area for the RUR district and the minimum frontage required per driveway on a CARNP designated arterial.

Staff Report (913) 715-2200 office 111 S Cherry Street, Suite 2000 (913) 715-2222 fax Olathe, Kansas 66061 jocogov.org

History: Tracts 6 and 7 were created from a Certificate of Survey recorded on Nov. 1, 1977. The subject property was rezoned to RUR, Rural District as part of a -wide rezoning effort in 1994. The rezoning rendered the tracts nonconforming.

151st Street

TRACT 6 TRACT 7

NORTH Figure 2: Aerial view of property showing existing tracts.

151st Street

LOT 1

NORTH

Figure 3: Aerial view of property showing proposed larger, single lot.

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151st Street

Gardner Lake NORTH Figure 4: Aerial view of surrounding area (subject property outlined in yellow).

ZONING AND REGULATIONS

Planning staff reviewed the submitted preliminary and final plat with respect to the Zoning and Subdivision Regulations (Regulations) including the subdivision standards of Article 30 and the minimum infrastructure requirements of Article 31.

Minimum Infrastructure Requirements The Regulations, Article 9, Section 2.G. requires that all Minimum Infrastructure Requirements, as specified in Article 31 of the Zoning and Subdivision Regulations, be available or provided prior to rezoning or development of any site in the Rural Zoning District. The proposed preliminary and final plat has been reviewed in the following areas:

A. Fire Station Service Area: There is not a “Fire Station Service Area” requirement for lots created in the Rural District. However, fire protection is provided by the Fire District #1. The nearest fire station is at 490 New Century Parkway (in New Century AirCenter), located about 4 miles to the southeast. Police protection is provided by the Johnson County Sheriff's Office.

B. : Driveway access to the one-lot subdivision will be from 151st Street which is a 24 ft. wide asphalt surface, County-maintained , with 4 ft. paved shoulders. It is designated on the Comprehensive Road Network Plan (CARNP) as a Type III, Parkway. Category 1 (Required) External Roads Serving Subdivisions or Development Tracts in the Rural District:

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a. A minimum of one road, with at least a 20-foot wide gravel driving surface, shall provide continuous access from the subdivision or development tract to a road constructed with at least an asphaltic concrete surface. This application meets this requirement. b. All abutting gravel roads shall have at least a 20 foot wide driving surface. This application meets this requirement. c. Lots with RUR, Rural and PRUR, Planned Rural District Zoning shall comply with the frontage and other requirements of Article 30, Section 2(B)(2) of these regulations. The proposed lot does not have 1,330 ft. of frontage on 151st Street which is the minimum frontage required for a driveway onto a CARNP designated Type III, Parkway. This application does not meet this requirement. Category 6 All Interior, On-Site Roads: All roads in any subdivision or development tract shall be designed and constructed to comply with the then applicable Street Construction and Storm Drainage Standards for New Subdivisions, as adopted by the County. Subject to approval of a waiver to allow driveway access to 151st Street, this requirement is not applicable to this application.

C. Stormwater (Required): According to the Regulations, storm drainage systems and facilities shall be available or designed and constructed to comply with the then applicable County design criteria, construction standards, policies and regulations for storm drainage systems and facilities. The development shall also comply with the then applicable County floodplain regulations. This infrastructure category has four components as follows: 1. Storm drainage. A Stormwater Management Plan which show that new drainage patterns will not cause problems for adjacent properties has been submitted to Public Works. 2. Storm water quality management. A Stormwater Quality Management Plan has been submitted to Public Works. There are no stream buffers required on the property. 3. Floodplain. There is no floodplain area on the property. 4. Storm water systems in conjunction with new streets. No new streets or street related storm water systems are proposed. This application meets this requirement.

D. Wastewater (Category 1/Required): Wastewater collection and treatment shall be available or provided in accordance with the then applicable County policies, regulations and standards for onsite wastewater disposal and the Environmental Sanitary Code of the County. Alternatively, public sanitary sewers shall be available or provided with adequate capacity to serve the estimated wastewater collection and treatment needs of the proposed development Provided further, however, per Article 30, if a subdivision, including resubdivision (hereinafter in this subsection “Subdivision”) contains any lots smaller than seven (7) acres in size and is located in any one (1) of the following areas: (i). The Blue Valley Area Plan, Urban Fringe Area, as designated in the Rural Comprehensive Plan; (ii). The Lone Elm Area Plan, with the exclusion, however, of the Rural Cluster area and the Rural Fringe area of said plan, as designated in the Rural Comprehensive Plan; (iii). The Urban Fringe Policy Area, as designated in the Rural Comprehensive Plan;

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(iv). Any area where, in the opinion of the Chief Engineer of the Johnson County Unified Wastewater District, it is considered likely or reasonable to expect that sanitary sewer service would be available for a Subdivision within a fifteen (15) year period of time. Then the developer of the Subdivision shall provide: a. Sanitary sewers if the Subdivision is upstream of and one thousand three hundred twenty (1,320) feet or less from the boundary of a sanitary sewer district or a sanitary sewer line capable of being connected to and capable of serving the new lots; or b. Dry Low-Pressure Sewers or dry gravity sewers if the Subdivision is not in an area where sanitary sewers are required by subparagraph a. The size of the proposed lot is less than 7 acres in size and the property is located within the Urban Fringe Policy Area, as designated in the Rural Comprehensive Plan. This property is not upstream of and 1,320 ft. or less from a sanitary sewer district or a sanitary sewer line and is therefore subject to the provision of dry sewers. This application does not meet this requirement.

E. Septic systems are allowed per the Environmental Sanitary Code. However, the proposed lot is less than 2 acres, the minimum size required for an on-site septic system, and will require approval of a variance from the Environmental Sanitary Code. Any required variance and wastewater permits must be obtained from the Department of Health and Environment (DHE) prior to any building permits being issued on the lot. Subject to approval of a variance from DHE, this application meets this requirement.

F. Water Supply (Category1/Recommended): Potable water supply shall be available or provided from a public water source. This part of the County is served by Johnson County Rural Water District 7 (a public water source). There is a 12 inch water main along the north side of 151st Street and a 6 inch water main along the east property line of the property available to provide potable water for domestic use. NOTE: For purposes of fire protection, all development shall comply with applicable codes. The Building Code will require the installation of fire hydrants within 600 feet of property lines. This application meets this requirement.

Summary of Minimum Infrastructure Requirements: This application does not meet all of the minimum infrastructure requirements. The applicant has requested waivers from Roads, Category 1, c. and Wastewater, Category 1.

Minimum Infrastructure Waiver Criteria: Under the Regulations, Article 31, Section 2 (E), in the event that an application does not establish the availability of minimum required infrastructure and the applicant does not propose to provide the minimum facilities and services, approval of the application may occur only upon the express findings by the Zoning Board and the Board of County Commissioners that, due to the nature of the proposed development, the occupants of a particular facility or service will not be endangered and the insufficiency of a particular facility or service will not pose a threat to the health, safety or general welfare of nearby properties or the community at large. Staff has made the following findings for approval of the waivers requested from the Minimum Infrastructure Requirements: 1. Roads, Category 1, c. Lots with RUR, Rural and PRUR, Planned Rural District Zoning shall comply with the frontage and other requirements of Article 30, Section 2(B)(2) of these regulations.

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Per Article 30, Section 2(B)(2), the minimum frontage required per driveway on a CARNP designated Type III, Parkway is 1,330 ft. The proposed single lot would have 300 ft. of frontage on 151st Street. The replat of two legal but nonconforming tracts, each eligible for a single-family residence with driveway access to 151st Street, into one lot for the development of one single-family residence, will decrease the density and amount of potential trips and reduce the number of driveways from what would currently be legally allowed. Note: A sight visibility study was submitted to confirm that there is a location along the frontage where an entrance could be located in conformance with the Street Construction and Storm Drainage Standards for Subdivisions. Therefore, due to the nature of the proposed one-lot subdivision, the occupants will not be endangered or pose a threat to the health, safety or general welfare of nearby properties or the community at large. 2. Wastewater, Category 1 Dry Low-Pressure Sewers or dry gravity sewers if the Subdivision is not in an area where sanitary sewers are required. The property is in an area where sanitary sewers are not required so the developer is required to provide dry sewers. However, the Chief Engineer of the Johnson County Unified Wastewater District considers it unlikely or unreasonable to expect that sanitary sewer service will be available within a fifteen (15) year period of time and recommends that a waiver be granted from installing dry sewers on the proposed lot.

STAFF ANALYSIS

The preliminary and final plat has been reviewed with respect to the Zoning and Subdivision Regulations and the Rural Comprehensive Plan: A Plan for the of Johnson County. The following is a listing of the review criteria and staff comments, if any, with respect to each:

A. Protection from Undue Water Pollution: The primary water pollution concerns associated with this application involve soil erosion and wastewater disposal. These topics are addressed under their respective headings below.

B. Availability of Water: The subject property is within the corporate boundary of Johnson County Rural Water District 7 (JO7). There is a 12-inch water main on the north side of 151st Street and a 6-inch water main along the east property line. Per comments received from JO7, there is domestic service assigned to the property. NOTE: Because the adjacent main is capable of providing fire flow, a fire hydrant is required within 400 ft. of the property line to meet Building Code requirements.

C. Soil Erosion: The circumstances when soil erosion can occur are (i) during grading in preparation for the construction of the proposed addition to the residence or (ii) if vegetative cover is not well maintained on the site. Erosion should be minimized during and after construction through the use of structural erosion control devices, minimizing the destruction of vegetative land cover, and replanting vegetation following construction. The landowner unknowingly and prematurely cleared the property of vegetative land cover in preparation of construction of the single-family residence. The total amount of land disturbed was less than 1 acre. He has since worked with Public Works and installed appropriate erosion control devices.

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D. Highway or Public Road Congestion: The proposed lot will take direct access to 151st Street which has a 24 ft. wide (striped two-lane), asphalt paved driving surface with 4 ft. paved shoulders. This proposal will reduce the number of developable tracts from two to one, which will result in one fewer single-family residence (household generating vehicle trips), and therefore, will have less potential impact on vehicle congestion on 151st Street.

E. Wastewater Disposal: The applicant indicates that development on the proposed lot will utilize an on-site septic system for wastewater disposal. A permit and variance from the County Department of Health and Environment will be required for the installation of any new on-site wastewater disposal system on the lot.

F. Scenic, aesthetic, historic, rare or irreplaceable features: A review of the Historic Sites Map of the Johnson County Comprehensive Plan reveals that the site is not an historic site and is not traversed by any portion of the Santa Fe or Oregon-California Trails.

G. Water Quality: Water quality issues are primarily soil erosion concerns. Please see Section C, above.

H. Ground Water: The primary ground water concern is wastewater disposal. Please see Section E, above.

I. Stormwater Controls: Please see Section C, above.

J. Mineral Resources The applicant has indicated that mineral rights on the property will be sold with the land.

K. Preservation of Public Open Space: Board of County Commissioners Resolution No. 046-94 enacted policies and procedures to guide the implementation of the Park Land Dedication requirements. The proposed plat is not considered a Development Project according the Resolution and therefore it is not subject to the parkland dedication requirements.

L. The Comprehensive Plan: The subject property is located in the Urban Fringe Policy Area. The purpose of the Urban Fringe Policy Area is to allow for “balanced and orderly” growth – preserving existing residences, active agricultural uses, and valuable open space, while enabling the gradual transition of portions of this area to development through close cooperation between the County and adjacent as well as through coordinated planning with utility and other service providers (e.g., electricity, fire protection, and schools). The subject property is close in proximity to the of Gardner so staff notified the city about this application but received no comments in return. The Comprehensive Plan for the City of Gardner shows this area as appropriate for low density residential development. The proposed preliminary and final plat (one lot at 1.6 acres in size) is consistent with existing tracts and residential development in the area and the Comprehensive Plan for both the unincorporated area and the city.

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M. Uses and Character Of Nearby Properties: The surrounding uses are primarily residential in character. The proposed replat is consistent with the existing residential uses and the character of the surrounding neighborhood and around the Gardner Lake area. See Figure 5 below for reference.

RUR RUR RUR RUR

RUR

RN-2 RUR SUBJECT PROPERTY RUR RUR RLD

PRU1B RUR PRU1B RUR RUR

R-1 RUR RUR City of Gardner RUR A NORTH Figure 5: Zoning of surrounding properties (subject property outlined in blue).

N. Minimum Subdivision Standards: Streets and Driveways: The proposed preliminary and final plat will comply with Article 30, Sec. 2 of the County’s Subdivision Regulations, subject to approval of a waiver to allow direct access to 151st Street with 300 ft. of frontage instead of the minimum 1,330 ft. required per driveway on a CARNP designated Type III, Parkway (see waiver request on pages 5 and 6). Layout of Lots: The owner is requesting a lot size of 1.6 acres for the resulting lot. The property is zoned RUR, Rural, which requires a minimum of 10 acres. The replat to combine two tracts into one lot will allow the proposed lot to be closer to compliance with the minimum lot area requirement. The applicant has requested a plat exception to allow the proposed lot. See Plat Exception discussion below. Environmental Resources: There are no remarkable environmental features or floodplain on the property. The majority of the property has been cleared of existing trees; the remaining trees will be

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preserved. The property drains to the south, toward Gardner Lake, along a small drainage way from a culvert under 151st Street.

Certificate of Survey

Subject Property

Knueven Estate

Figure 6: Size of nearby properties (subject property outlined in blue; certificate of survey tracts outlined in red; 2015 replat of 2 certificate of survey tracts into Knueven Estates in yellow).

PLAT EXCEPTION:

Article 27, Section 5 of the Regulations provides for Plat Exceptions from subdivision requirements. The Regulations specifically state: “Plat Exceptions shall not be recommended for approval by the Zoning Board nor approved by the Board of County Commissioners unless they find that such approval shall be compatible with the surrounding neighborhood and shall not be contrary to the public interest or unnecessarily burden the County, and shall not annul the intent and purpose of these regulations.” Staff makes the following findings for approval of this plat exception: 1. The requested lot size is compatible with the surrounding neighborhood because: (a) the lots nearby are all less than the required minimum 10-acre lot size, (b) the request does not increase the density of the area because the plat is combining two tracts into one lot, (c) the resulting platted lot is increasing in size (from two, 0.8 acre tracts to one, 1.6 acre lot) which is moving more towards conformance regarding lot size versus the two, smaller, original tracts, and (d) all the lots in this subdivision are zoned Rural, and if the subject property was rezoned to a different district, it would

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then be inconsistent with the surrounding lots and zoning and could cause conflicts with different requirements between the Rural zoning and residential zoning . 2. The requested lot size is not contrary to the public interest because combining the lots, while they remain non-conforming when combined, they become less non-conforming (closer to the 10-acre minimum lot size) than they are as they currently exist. See Figure 6, above, for reference. 3. The requested plat does not unnecessarily burden the County because it does not increase costs of maintenance or services from the County and, in fact, the request (combining 2 tracts into 1 lot) decreases the number of homes (density) that could be built in the neighborhood. 4. The requested plat upholds the purpose and intent of the Regulations because it combines two tracts into one lot which makes the new lot larger in size and more toward conformance with the 10-acre minimum. 5. By not rezoning the subject property to a residential zoning district, zoning consistency is maintained in the neighborhood (similar land use rights and responsibilities, for example, building setbacks and allowed uses).

DEPARTMENT COMMENTS

Public Works: See attached memorandum. City of Gardner: No comments received. Environmental: See attached comments. Water District 7: See attached comments.

RECOMMENDATIONS

Planning staff recommends approval of the preliminary and final plat, subject to stipulations; and

Planning staff recommends approval of a waiver from the Minimum Infrastructure Requirements for Roads to allow direct access onto 151st Street with 300 ft. of frontage instead of the minimum 1,330 ft. of frontage required per driveway onto a CARNP designated Type III, Parkway.

Planning staff recommends approval of a waiver from the Minimum Infrastructure Requirements for Wastewater Disposal to allow the developer to not provide dry sewers.

Planning staff recommends approval of a plat exception to the lot area requirements of the Regulations, which requires a minimum lot area of 10 acres in the Rural District, and instead allow the lot area to be 1.6 acres.

In addition, Planning staff recommends the following stipulations: 1. All applicable County code and regulation requirements, including but not limited to building code, fire code, wastewater, stormwater, land disturbance, and post construction water quality shall be met prior to any construction or land disturbance activities. 2. A variance from the Johnson County Sanitary Code regarding the minimum lot size for a septic system is required prior to the issuance of a building permit. 3. The following note shall be added to the preliminary and final plat:

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Plat Exception No. *4-2-20 was granted to allow an exception from the lot area minimum size of 10 acres in the Rural Zoning District and instead allow a lot area of 1.6 acres.” *The Plat Exception Number is based on the date of the expected BOCC meeting. The actual date and number may be sooner or later. 4. The following note shall be removed from the preliminary and final plat: In accordance with the fire code, as adopted by the Board of County Commissioners, all single family homes shall have a separation of 100 feet. 5. A fire hydrant shall be installed within 600 ft. of the proposed property line prior to recording the final plat. 6. The side and rear building lines shown on the preliminary and final plat shall be removed. 7. The applicant shall submit preliminary and final plats to the Planning Department for review prior to recording the final plat.

Reasons for recommendation to approve the Preliminary and Final Plat: 1. Subject to approval of the minimum infrastructure waivers and plat exception and compliance with the recommended stipulations, the proposed preliminary and final plat is consistent with the Subdivision Regulations. 2. Subject to approval of the minimum infrastructure waivers and plat exception and compliance with the recommended stipulations, the proposed preliminary and final plat is consistent with the requirements for the Rural Zoning district.

Reason for Recommendation of Approval of a Waiver from the Minimum Infrastructure Requirement for Roads: The replat of two legal but nonconforming tracts, each eligible for a single-family residence with driveway access to 151st Street, into one lot for the development of one single-family residence, will decrease the density and amount of potential trips and reduce the number of driveways from what would currently be legally allowed. Therefore, due to the nature of the proposed one-lot subdivision, the occupants will not be endangered or pose a threat to the health, safety or general welfare of nearby properties or the community at large.

Reason for Recommendation of Approval of a Waiver from the Minimum Infrastructure Requirements for Wastewater Disposal: The property is in an area where the Chief Engineer of the Johnson County Unified Wastewater District considers it unlikely or unreasonable to expect that sanitary sewer service will be available within a fifteen (15) year period of time and recommends that a waiver be granted from installing dry sewers on the proposed lot.

Reason for Recommendation of Approval of the Plat Exception from the minimum lot area: 1. The requested lot size in the Rural District is not contrary to the public interest. 2. The requested lot size in the Rural District is compatible with the surrounding neighborhood. 3. The requested lot size in the Rural District does not unnecessarily burden the County. 4. The requested lot size in the Rural District does not annul the intent and purpose of the Regulations.

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Enclosures: Vicinity Map, Preliminary Plat Drawing, Final Plat Drawing, Applicants Waiver and Plat Exception Request, Public Works Memorandum, Environmental comments, Water District comments

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