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HomeMy WebLinkAboutStaff Comments r)r;'t {--" 1C" 1"\- TT;-ir":, It,,.\rll¡', HI I?'!~' "J~- ~"-~-'..'! .,,-/ .oiL'...." . .lL_", -~.Þ S-::F 0 7 2005 (if' JS13ri¿Eayl.. ~>:~:)' :;} 3:1-:: Officé ""..------.---.. '---,.~, "> ~, \, \1 .1 iY Y ."-----~. .--. - ~^".-=_I~~:': . ~~ , IINct. 1903 -~ -"'" -------------~>- - ,,/. -_/- -_/ / MEMORANDUM: ~ City Council Hearing Date: September 13, 2005 Transmittal Date: September 7, 2005 To: Mayor and City Council From: Craig Hood, Associate City Planner Subject: Olson & Bush Subdivision No.2 - Request to Remove Landscape Condition Request for Miscellaneous Application Approval to Remove a Condition of the Preliminary Plat, Final Plat and Development Agreement for Olson and Bush Subdivision No.2, by R2 Development, Inc. (File No. MI-O5-009) APPLICATION SUMMARY & LOCATION The applicant, R2 Development, Inc., has submitted a Miscellaneous Application (MI) to remove a condition to construct a 20-foot wide landscape buffer along the southern boundary of Olson and Bush Subdivision No.2. The landscape buffer requirement is included within the recorded Development Agreement (Instrument #104056166), Preliminary Plat and Final Plat Findings (FP-OO-Oll) for the property commonly known as Olson and Bush Subdivision No.2 (recorded in 2004). The party that signed the existing DA is the subject applicant, R2 Development, Inc. (Ronald Van Auker). Due to a change in a number of circumstances including Comprehensive Plan Map designations and land use changes in this area, the applicant believes that the 20-foot wide landscape buffer is no longer necessary (see Applicant's Letter). The Findings of Fact and Conclusions of Law for the annexation ofthe subject property are very specific and include a requirement for "a landscaped setback area all along the property's southern border with tree plantings that will grow to a height in excess of 20 feet and not more than 40 feet, and which shall be not more than 25 feet apart at the time of planting, shall be six feet in height when planted..." This annexation finding was carried over into the final plat conditions as well (Site Specific Condition #5). The Development Agreement (DA) conditions simply require the applicant to comply with all of the conditions stated within the Annexation and Zoning Findings of Fact and Conclusions of Law, which are an exhibit to the DA. MI-O5-009 Page 1 Since preliminary plat approval, R2 Development has purchased the seven acres directly south of the development. The neighboring property owners were instrumental in getting the City Council to require a landscape buffer along the southern boundary. However, after the mmexation and plat approval of Olson and Bush Subdivision No.2, the properties south ofthis site were designated for "Commercial" use with the adoption of the current Comprehensive Plan. Some of the single-family homes on Franklin Road near this property now designated for commercial use on the Future Land Use Map have recently been converted to office and small scale retail businesses. When the preliminary plat was approved the required landscape buffer made sense, but with the change in the Comprehensive Plan for the properties to the south, and those residences transitioning to commercial uses, and R2's acquisition of the seven acres directly to the south, the applicant believes that the buffer along the southern boundary should no longer be required by the City. The subject property is located south of Franklin Road, on the north and south sides of East Lanark Street, approximately 900 feet west of Eagle Road, in Section 11, Township 3 North, Rangel West. Staff recommends approval ofthe applicant's request to remove the requirement for a 20-foot wide landscape buffer along the southern boundary of the development commonly known as Olson and Bush Subdivision No.2. OWNER OF RECORD The owner of record for the subject property is R2 Development, Inc. STAFF ANAL YSIS As noted in the application summary above, the applicant states several reasons why the landscape buffer should not be required along the southern boundary ofthe subdivision. Listed below are some ofthe main points made by the applicant. Staffs response to these points is listed in italics below. A. R2 Development, Inc. has purchased the Barham's seven acres and the Ken Valentine home has been sold and converted into an office building. It appears that the best use for the Barham property is to add it to the existing lots on the south side of East Lanark Street; a landscape buffer will divide the properties. Mr. Ken Valentine was very vocal at the public hearings regarding the Olson and Bush development. Mr. Valentine and his neighbors encouraged the City Council to require a landscape buffer between the Olson and Bush development and the properties along Franklin Road. If the applicant now owns the property that the buffer is meant to serve, then staff does not believe that the buffer should be required. Stafffurther agrees with the applicant that a landscape buffer would make it difficult to add lot depth to the lots. MI-O5-009 Page 2 B. The purpose of the landscape buffer was to provide a transition between the residential along Franklin Road and the commercial/industrial within Olson and Bush. Since the approval of the plat, the Comprehensive Plan has been revised and designates the Franklin Road residences as commercial. The conversion of the properties along Franklin Road has already begun; all of the residential properties will be converted to commercial. All of the properties along Franklin Road, between Eagle Road and the School District property, are designated "Commercial" on the Future Land Use Map. As noted by the applicant, these properties are rapidly transitioning to non-residential uses. It is true that the landscape buffer was originally intended to buffer residences along Franklin Road. The current landscape ordinance does require landscape buffers between industrial and commercial, retail, office uses as well. However, the ordinance requires the landscape bz4/à to be provided by higher intense uses that are directly adjacent to lesser intense uses. Again, because the applicant owns the property directly adjacent to the Olson and Bush development, and he has stated that the best use of the adjacent property is to add it to the lots within Olson and Bush, a buffer along the southern boundary of the development may not be necessary. When the seven acres (previous owned by Barham) is developed, the City should evaluate what type of landscape buffers should be required between different land uses. C. All of the currently residential lots fronting Franklin Road have ample existing mature landscaping which provides a very good buffer. Several ofthe residences are not visible from the property because of the mature landscaping. The first sentence of the applicant's point is very subjective. Staff agrees that there are some residences along Franklin Road that have mature landscaping and that the existing landscaping does provided for some screening from the subject site. Although the residences may not be visible from the subject property, most if not all of the properties on the bench above can see down into the site. Due to topography, it would be very difficult if not impossible to providing screening on the subject site that would fully conceal the Olson and Bush businesses from the properties along Franklin Road above. D. One building has been constructed already within Olson and Bush Subdivision No.2 and no complaints have been filed by the neighbors. Staff is not aware of any complaints being filed with the City. Although the existing building was allowed to be constructed without the landscaping being installed, the City did require a surety for the landscaping. Should the subject MI application be denied, the applicant will need to construct the required landscape buffer along the southern boundary. MI-O5-009 Page 3 STAFF RECOMMENDATION Overall, staff believes the applicant has presented a valid case and has supported it well with documented facts. Staff agrees that several factors have changed since the original approval for this development was granted, most notably the applicant's acquisition of the property directly south of the site. For the reasons listed above, staff recommends that the Findings of Fact and Conclusion of Law and the Development Agreement for this property, both of which include a condition for a 20-foot wide landscape buffer along the southern boundary of Olson and Bush Subdivision be removed. NOTE: A 20-foot wide landscape setback has been recorded as part of the final plat for Olson and Bush Subdivision No.2. The approval ofthe subject MI application shall not have the effect of removing this easement from the plat. Instead, the City will not require the construction of a 20-foot wide landscape buffer along boundary. If the applicant wishes to remove the platted easement, a vacation application must be filed and approved by the City. MI-O5-009 Page 4