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Staff Report SW 20-33-PPFP (GA) Three Willow.Pdf

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Staff Report SW 20-33-PPFP (GA) Three Willow.Pdf 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, Township 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 district 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 county-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. SW 20 -33-PP/FP (GA) Page 2 Preliminary and Final Plat Three Willows February 19, 2020 29147 and 29183 W. 151st Street 151st Street Gardner Lake NORTH Figure 4: Aerial view of surrounding area (subject property outlined in yellow). ZONING AND SUBDIVISION 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. Roads: Driveway access to the one-lot subdivision will be from 151st Street which is a 24 ft. wide asphalt surface, County-maintained road, 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: SW 20 -33-PP/FP (GA) Page 3 Preliminary and Final Plat Three Willows February 19, 2020 29147 and 29183 W. 151st Street 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; SW 20 -33-PP/FP (GA) Page 4 Preliminary and Final Plat Three Willows February 19, 2020 29147 and 29183 W. 151st Street (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.
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