I. GENERAL INFORMATION CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT DECEMBER 13, 2017 AGENDA LINCOLN WAY PRELIMINARY PLAT & CHANGE OF ZONE PP-17-0013; CZ-17-0017 A. APPLICANT: Jeff Elliott 17007 Marcy Street, Suite 2 Omaha, NE 68118 B. PROPERTY OWNER: E & M Iverson Family Partnership LTD 11002 S 114 th Street Papillion, NE 68046 C. LOCATION: NW corner of 96 th Street and Lincoln Road D. LEGAL DESCRIPTION: Tax Lot 7A of Section 28, T14N, R12E together with Tax Lot 9A of Section 21, T14 N, R12E of the 6 th P.M., Sarpy County, NE E. REQUESTED ACTION: Approval of a Preliminary Plat and Change of Zone from Agricultural (AG) to Multiple-Family Residential (R-4) F. EXISTING ZONING AND LAND USE: Zoned AG (Agricultural), undeveloped G. SIZE OF SITE: 81.7 aces II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use map, approved as part of the WP-RB5 Sub-Area amendment to the Comprehensive Plan, identifies this site as a mix of Greenway, Low Density Residential, and Medium Density Residential. Greenway is located on the northern portion of the property and abutting 96 th Street. The area that is not Greenway is primarily designated as Low Density Residential. Medium Density Residential is located in a small area on the southwest corner of the site.
2 B. EXISTING CONDITION OF SITE: Undeveloped. An existing farmstead is present. C. GENERAL VICINITY AND LAND USE: The area to the north, across the West Papillion Creek consists of the Sarpy County Juvenile Justice Center, which is zoned Agricultural (AG). The Papillion Public Works Department, which is zoned Limited Industrial (LI) is located to the northwest. The area to the northeast consists of the Bellino Ninety-Six Mixed Use (MU) District, which is primarily being developed as Multiple-family Residential with a commercial component at the intersection of 96 th Street and 6 th Street. The area to the east, across 96 th Street, is zoned Agricultural (AG) and undeveloped. The City of Papillion s Community Center will be constructed east of Walnut Creek. The property to the south, across Lincoln Road, is zoned Agricultural (AG) and undeveloped. The property to the west is zoned Agricultural (AG) and undeveloped. D. RELEVANT CASE HISTORY: In February 2010, City Council approved the WP-RB5 Sub-Area amendment to the Comprehensive Plan which includes the proposed site for Lincoln Way. The original Change of Zone application for Lincoln Way identified Lot 105 as being zoned Mixed Use (MU). The intention was to allow a mix of commercial and residential uses within the Lincoln Way Mixed Use District. The primary use depicted on the conceptual Mixed Use Plan was multiple-family residential. The applicant was advised that the proposed mixed use district was not consistent with the future land use designations for the site. Accordingly, the applicant was provided with the option to either submit a Comprehensive Plan Amendment or revise the proposed zoning of Lot 105 to be Multiple-Family Residential (R-4). The applicant chose to revise the proposed zoning of Lot 105 to Multiple- Family Residential (R-4). Per the applicant, the developer of Lot 105 may desire to pursue a change of zone in the future to allow limited commercial uses within Lot 105. The applicant has been advised that both a Change of Zone application and a Comprehensive Plan Amendment would be required to allow commercial use of any portion of Lot 105. E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning and Subdivision Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for a Preliminary Plat and Change of Zone from Agricultural (AG) to Multiple-Family Residential (R-4).
3 2. Lots 1 104 are proposed to be developed as Single-Family Residential. Lot 105 is proposed to be developed as Multiple-Family Residential. 3. Four outlots are proposed. All outlots are proposed to be owned and maintained by the Homeowners Association. Outlots A C are reserved for sewer and drainage including Post-Construction Stormwater Management Plan (PCSMP) facilities. Outlot D is a sloped area that is being reserved as greenspace. B. LAND USE/COMPREHENSIVE PLAN: 1. Lincoln Way proposes a mix of single-family residential lots and an apartment complex. This mix is not identical with the current Future Land Use designation of Greenway, Low Density Residential, and Medium Density Residential; however, the average density of the single-family and multiple-family residential components is generally consistent with the Medium Residential Density designation. 2. As part of the initial review, staff recommended that the subdivision be redesigned to relocate the multiple-family residential (or Mixed Use) to the north side of the development. This recommendation was based on the opportunity for increased density and valuation due to the limitations of single-family development within a Special Flood Hazard Area (SFHA), better compatibility with adjacent uses, and preferred traffic patterns. The applicant has chosen not to revise the submittal to address staff s concern. Staff continues to support redesign for the following reasons: a. Multiple-family residential is a more efficient use within the SFHA because non-residential portions of the development such as garages and parking lots may be constructed without filling the floodplain. Further, less fill is required within the SFHA since the property will not need to be elevated to allow for the construction of basements. Any fill placed within the SFHA potentially increases flooding within other areas, including areas not currently designated as SFHA, because floodwaters that would have been carried within the filled area are displaced. b. The uses established north of the West Papillion Creek consist of the Sarpy County Juvenile Justice Center, multiple-family residential, and uses that are industrial in nature such as the City of Papillion s Public Works Department, the City of La Vista s Public Works Department, a concrete and construction material supplier, and OPPD s service facility. Multiple-Family residential is considered a more appropriate transitional use between these established uses and single-family residential. c. Developing the multiple-family residential along Cornhusker Road (instead of along the north side Lincoln Road) would direct traffic to 96 th Street which is an Arterial Road. Additionally, Cornhusker Road is designated a Collector and is designed to carry a higher volume of traffic than a local
4 street. The current proposal focuses multiple-family traffic to Lincoln Road via a local street connection. The Comprehensive Plan encourages that traffic have direct access to collector or arterial streets to avoid overloading local streets. (Comprehensive Plan, Page 43). Staff acknowledges that Lincoln Road is also designated as an Arterial Street. However, the Comprehensive Plan also designates the Lincoln Road as a Green Street, which is intended to function as a highly decorative and pedestrian friendly corridor. 3. According the Source and Use of Funds, the valuation of Lot 105 is based on 310 multiple-family units. The density of the Multiple-Family Residential component is 19 units per acre based on 310 units on 16.4 acres. The typical density of existing Multiple-Family Residential uses within Papillion is approximately 20 units per acre. 4. The applicant shall revise the Development Detail section of the Preliminary Plat application to identify the estimated number of multiple-family units. Further, the applicant shall submit the supporting documentation required for a Change of Zone application, which includes: (i) a conceptual site plan, (ii) a written description of the operating characteristics and reason for request, and (iii) a written description of the use or occupancy of buildings. Such exhibits will need to support the number of multiple-family units asserted within the Source and Use of Funds. 5. Lincoln Way is generally consistent with the density range for Medium Density Residential category established by the Comprehensive Plan and West Papillion Future Land Use Plan (WPFLUP). a. Both the Comprehensive Plan and WPFLUP identify Medium Density Residential as having a density of three to 12 units per acre. (Comprehensive Plan, Pages 27-28 and WPFLUP, Page 5). b. The Lincoln Way Preliminary Plat proposed to have 414 units on 81.7 acres, which results in a density of approximately five units per acre. c. The multiple-family residential component functions to increase the overall density. The single-family residential component has an unusually low density due to the impact of the SFHA. When the multiple-family residential units and acreage are excluded from the density calculation for the entire development, the density of the remainder of Lincoln Way is 1.6 units per acre based on 104 units on 65.3 acres. 6. The target density for neighborhoods within the West Papio Land Use Study Area is approximately four units per acre (net density). Neighborhoods are intended to be developed primarily of single family detached homes, but a mix of compatible housing types -
5 attached/duplex homes, cottage housing and townhouses is recommended. (WPFLUP, Page 26) 7. The WPFLUP identifies multiple-family residential as an important component of the study area. Specifically, the plan states: Higher density multi-family options, like townhouses, apartments, or condominiums are also important to activate designated mixed use districts and civic spaces, as well as provide options for rapidly changing demographics. (WPFLUP, Page 27) As noted above, Lincoln Way is in close proximity to the future City of Papillion Community Center, which is classified as a civic use. C. PARK/TRAILS: 1. Lincoln Way does not include a dedicated park but does include open space within the Special Flood Hazard Area (SFHA). As noted above the outlots that are being dedicated within the SFHA are intended for sewer and drainage in addition to preserving the SFHA. Accordingly, these will be passive recreation areas. It is also in close proximity to the future City of Papillion Community Center. 2. Trails will be constructed on the north side of Lincoln Road and the south side of Cornhusker Road. 3. At least 25% of the lot area of Lot 105 will be required to be common open space pursuant to 205-182F(1). Such common space is to be used for outdoor recreational amenities for the residents within the multiple-family development and to preserve any significant environmental resources. Further, the open space will be required to be integrated or connected via trails to the existing trail system, which is being extended via the construction of trails along Lincoln Road and Cornhusker Road. D. TRAFFIC AND ACCESS: 1. The Preliminary Plat includes dedication of right-of-way for: a. Cornhusker Road (Collector); b. 96 th Street; and c. Local streets. 2. Access will be provided to Lincoln Way from: a. 96 th Street (Arterial) via Cornhusker Road (Collector); b. 96 th Street (Arterial) via a local street; and c. Lincoln Road (Collector) via a local street. 3. No lots or outlots will be permitted to have direct access to 96 th Street and Lincoln Road. 4. No lots will be permitted direct access to Cornhusker Road. Cornhusker Road is the sole access to Outlot A and B so a single access to Cornhusker Road will be needed for each lot to allow for maintenance of those outlots. Accordingly, the applicant shall revise
6 the Preliminary Plat to include such access limitations and allowances. 5. Access to Lot 105 will be limited to S 99 th Street and a single access to Osprey Lane in alignment with S 97 th Street. The applicant shall revise Note 10 on the Preliminary Plat to reference these street names. The note currently references outdated street names. 6. Future street connection to the west will be provided via Cornhusker Road and Osprey Lane. 7. A future street connection to the north is not feasible or desirable due to the West Papillion Creek. 8. As part of the initial review, staff expressed concern about the cul-desac on the north end of 99 th Street as it only provides access to Lots 57 and 58. Cul-de-sacs are not desirable as (i) they do not further the street network thereby reducing street connectivity, (ii) they are maintained at the public s expense even though they benefit only the lots on the cul-de-sac, and (iii) the challenging configuration reduces the efficiency of snow removal services. The applicant declined staff s recommendation that the lot layout be redesigned to eliminate the culde-sac. Staff continues to recommend that the Preliminary Plat be revised to eliminate the cul-de-sac. One option is to extend Osprey Lane to provide a future street connection to the west, which will enhance street connectivity. Staff acknowledges that such extension may be challenging due to the existing conditions of the property to the west but it is feasible according to the City Engineer. E. DRAINAGE/POST-CONSTRUCTION STORMWATER MANAGEMENT (PCSMP): 1. A storm sewer pipe is required to be installed within Lincoln Road right-of-way. The applicant shall revise the submittal to include such installation and show the filling of the existing ditch. 2. A portion of Cornhusker Road drains to the west; however, there does not appear to be any storm sewer proposed to collect storm water. The applicant shall identify how runoff is proposed to be addressed and revise the resubmittal accordingly. 3. Given the large size of the PCSMP basins, an initial smaller silt catch basin should be constructed at the pipe inlet points so they can be reached from the banks of the large basin. Fine silt clay sediment is difficult to vegetate; therefore, it should be isolated and removed if possible. The applicant shall revise the PSCMP exhibit accordingly. 4. The applicant shall include elevation versus time graph in the drainage study to show the retention and slow release of the first ½ storm runoff volume from the development area.
7 5. The developer shall address over lot drainage in the covenants. Documentation of this provision will be required at the time of final plat. Additionally, the following dedication is required: A Permanent Storm Water Drainage Easement is granted over all properties except where structures exist to provide for the positive flow of water drainage from one property to another. F. EASEMENTS: 1. Standard utility easements shall be provided along all lot lines. 2. All proposed easements shall be by separate instruments including a prescription outlining the rights and terms of the easements. Copies of the recorded documents shall be provided to the City of Papillion. G. GRADING/UTILITIES: 1. All rights-of-way shall be graded full width with 2% grade projecting from top of curb elevation to edge of right-of-way. 2. Any proposed grading off site shall require written authorization or temporary easements from the property owner. H. PAVING/PROWAG/STREET PROFILES: 1. The applicant shall revise the Paving Plan as to a. Show the future extension of Cornhusker Road and the associated trail and sidewalk to the property to the west. b. Identify station labels on the paving plan exhibit for reference when viewing the street profile exhibit. 2. The street profile for Cornhusker Road does not appear to meet the minimum design requirements established by the American Association of State Highway and Transportation Officials (AASHTO) for vertical curve stopping site distance (SSD) assuming the 40 mph design speed. The applicant shall revise the street profile as necessary to meet AASHTO design requirements. 3. The developer shall address street creep/driveway binding on curved streets in the covenants. Documentation of this provision will be required at the time of final plat. 4. ADA: a. The developer shall address driveway cross slope/ada compliance in the covenants. Documentation of this provision will be required at the time of final plat. b. ADA ramps shall be installed at intersections with original pavement installation, given that builders seem to have a hard time building these within compliance. I. WATER/SANITARY SEWER: 1. Lincoln Way will connect to the City of Papillion s water and sewer systems. The development is within the Walnut Creek Outfall Service Area. The applicant is advised that connection to any other outfall will
8 require the express written approval of the City Engineer or his designee. It is the applicant s responsibility to obtain such approval. 2. The applicant shall clarify if the intent that Area A1 would have to construct sewer within the Lincoln Street right-of-way to the 24 outfall sewer. Further, the applicant shall revise the Sanitary Sewer exhibit to identify how sanitary sewer service being provided to Area A1. 3. The applicant shall provide a water hydrant spacing exhibit to verify the number of hydrants shown on the water main exhibit. Dimensions should be shown between all hydrants to verify the maximum 600 spacing measured along the ROW. 4. Amendments to the Wastewater Sewer Agreements with the City of Omaha will be required in order to service this new area. The drainage basin area has been included but the development name and number of lots serviced will need to be added through administrative amendment. J. SPECIAL FLOOD HAZARD AREA (SFHA): 1. A significant portion of Lincoln Way is located within the SFHA as depicted on the Special Flood Hazard Area exhibit. Accordingly, the area within the SFHA is within the Floodplain/Floodway Overlay District and subject to the corresponding regulations. 2. It is common for a developer to propose to grade the areas within the SFHA to raise such area above the base flood elevation. This allows the developer to request that FEMA revise the Flood Insurance Rate Map (FIRM) to acknowledge that the property is no longer within a SFHA and that the risk of flood is reduced. A revision to the FIRM is formally recognized by FEMA through the issuance of Letter of Map Revision (Based on Fill) (LOMR-F). The City s Floodplain Manager must sign a Community Acknowledgement Form (CAF) that certifies that the elevated area will be safe from flooding before a LOMR-F will be issued by FEMA. 3. The applicant proposes to grade Lincoln Way such that the singlefamily lots are elevated such that they are removed from the SFHA. As a condition of the CAF for the LOMR-F, the Floodplain Manager will require that the lowest floor (including basement) for all residential structures be elevated one foot above BFE in order to assure that the lots are safe from flooding. This is consistent with 205-158B(1), which requires that the lowest floor, including basement, of any new residential structures within the SFHA be elevated one foot above base flood elevation. 4. Pursuant to 205-155B(k), the placement of fill within the SFHA is limited to 25% of the area of the SFHA excluding any designated floodway. The SFHA depicts that more than 25% of the SFHA within Lincoln Way is being filled in accordance with a fill allocation provided by the City of Papillion.
9 In 2016, the City of Papillion entered into an agreement with E & M Iverson Family Partnership LTD to purchase a portion of its property for the future City of Papillion Community Center. As part of that agreement, the City of Papillion agreed to limit the SFHA being filled within its property to provide E & M Iverson Family Partnership LTD with 15 acres of additional fill within the SFHA. Such 15 acres is to be used within an area owned by E & M Iverson Family Partnership LTD that includes Lincoln Way. This agreement was formalized by the issuance of Floodplain Development Permit FPD-16-0015. Per the applicant 10 of the 15 acres are being allocated to Lincoln Way. A Floodplain Development Permit authorized by E & M Iverson Family Partnership LTD will be required to formalize the allocation of the City s credit for fill between the properties east and west of 96 th Street. Given that Lincoln Way cannot be developed as proposed without the fill allocation asserted, such Floodplain Development Permit application must be submitted and approved prior to City Council consideration of the Preliminary Plat. 5. A separate floodplain development permit will be required prior to grading and installation of public improvements within the SFHA. FPD-16-0015 is applicable only to the 15 acre credit established between the City of Papillion and E & M Iverson Family Partnership LTD. 6. The minimum floor elevation for lots within the SFHA is noted on the Preliminary Plat. K. GENERAL: 1. It is common for multiple-family residential developments to be constructed and financed in phases. Often a multiple-family residential developer prefers to or is required to have lots that are consistent with such phasing. In the event that Lot 105 is subdivided, the typical setbacks will apply to each replatted lot. It is recommended that the applicant give consideration to whether Lot 105 will need to be subdivided in the future for construction or financing purposes. 2. The applicant shall revise the Preliminary Plat: a. Update the notes regarding access per Section III, A, 4 5. b. Show setbacks within Lots 1 and 2 (double frontage lots). c. Revise the setbacks for Lot 105 such that all four street frontages are front yards. 3. The applicant shall provide a written request for all applicable Subdivision Regulation waivers. 4. The multiple-family residential component will be required to comply with or exceed the Multi-Family Design Guidelines. 5. A Sanitary and Improvement District will be formed for Lincoln Way.
10 6. The applicant was provided separate comments regarding the Source and Use of Funds. Such comments shall be addressed by the applicant. IV. RECOMMENDATION The Planning Department recommends approval of the Lincoln Way Preliminary Plat (PP-17-0013) and Change of Zone (CZ-17-0017) based on: 1. General consistency with the Comprehensive Plan if the Preliminary Plat is revised to address Sections III, B, 2. 2. Compatibility with adjacent uses if the Preliminary Plat is revised to address Sections III, B, 2. 3. Compliance with the Zoning Regulations. 4. Compliance with the Subdivision Regulations. The recommendation for approval is contingent upon the applicant: 1. Revising the Preliminary Plat to achieve consistency with the Comprehensive Plan and the compatibility with adjacent uses as described in Section III, B, 2. 2. Revising the Preliminary Plat application as described in Section III, B, 4. 3. Providing the supporting documentation for the Change of Zone application as described in Section III, B, 4. 4. Revising the cul-de-sac at the north end of S 99 th Street as detailed in Section III, D, 8. 5. Providing for a storm sewer pipe in Lincoln Road as required by Section III, E, 1. 6. Revising the PCSMP design per Section III, E, 2. 7. Revising the drainage study. (Section III, E, 4) 8. Agreeing to provide covenants that address Section III, E, 5 (over lot drainage), Section III, H, 3 (street creep/driveway binding), and Section III, H, 4 (driveway cross slope/ada compliance). 9. Revising the Paving Plan. (Section III, H, 1) 10. Revising the street profile for Cornhusker Road. (Section III, H, 2) 11. Revising the Paving Plan in accordance with Section III, H, 5. 12. Revising the Sanitary Sewer exhibit to address Area A-1 as described in Section III, I, 2. 13. Providing a water hydrant exhibit. (Section III, I, 3) 14. Submitting a Floodplain Development Permit application to establish the fill allocation per Section III, J, 4. 15. Revising the Preliminary Plat per Section III, K, 2. 16. Providing a written request for waivers to the Subdivision Regulations. (Section III, K, 3) 17. Addressing comments related to the Source and Use of Funds as requested in Section III, K, 6. V. COPIES OF REPORT TO: Applicant Public upon request
11 VI. ATTACHMENTS: Preliminary Plat Application Preliminary Plat Change of Zone Application SFHA Exhibit Aerial Report prepared by: Mark Stursma, Planning Director Derek Goff, Staff Engineer
VICINITY MAP LEGAL DESCRIPTION DEVON TIMBER LOCUST SANTA FE OVERLAND TIMBER OWNER SUBDIVIDER ENGINEER NOTES LINCOLN WAY LOTS 1 THROUGH 105 AND OUTLOTS A THROUGH D SARPY COUNTY, NEBRASKA TYPICAL SETBACKS LEGEND 0' 50' 100' thompson, dreessen & dorner, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com Project Name Lincoln Way Client Name Lincoln Way LLC Professional Seal Revision Dates No. Description MM-DD-YY Job No.: 2069-102 Date: Drawn By: MEM Reviewed By: 12-1-17 DEK Sheet Title Preliminary Plat Sheet Number Exhibit A
D LAN DE N VO R OVE LEGAL DESCRIPTION BER TIM TIMBER VICINITY MAP SANTA FE LOCUST NOTES ENGINEER SUBDIVIDER OWNER SARPY COUNTY, NEBRASKA LOTS 1 THROUGH 105 AND OUTLOTS A THROUGH D LINCOLN WAY SPECIAL FLOOD HAZARD AREA FILL CALCULATIONS 0' 50' 100' LEGEND --------------------- Sheet Number Special Flood Hazard Area Sheet Title --------------------- MM-DD-YY Reviewed By: DEK Date: 12-1-17 Description Drawn By: MEM Job No.: 2069-102 --------------------- No. Revision Dates Professional Seal Lincoln Way LLC Client Name Lincoln Way Project Name thompson, dreessen & dorner, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com
Wittmus Dr S 96th St Fort St Pioneer Rd S 97th St Laredo Rd Bailey Dr Timber Dr N Frontier Dr S 90th St N Fillmore St Coyote Cir Reeves Cir Caribou Cir Macarthur Dr Shirley Dr Bailey Cir Locust Ave S Taylor St Frontier Dr Pierce St N Fillmore St Antelope Cir W Centennial Rd Portal Rd S 99th Cir Hupp Dr Quail Ridge Rd Deer Run Ln Deer Run Ln Fox Creek Ln Schwer Trlr W 6th St Schwer Ln S 105th St Area of Application W Lincoln Rd Corral Cir W Lincoln St Cheyenne Dr Flint Cir Prospect Dr Corral St Overland Trl Sherman St Laramie Cir Hwy 370 EB Hwy 370 WB Buckboard Blvd Fort Cir Cimarron St Buckboard Blvd Crest Cir Cumberland Ct Horseshoe Cir Cody Cir Chisholm Trl Crest Rd Lariat Cir S Fillmore St W Perry St Gruenther St Santa Fe Cir Mesa Cir Shawnee Rd Conestoga Rd Woodland Ave Devon Dr Marshall Cir Rawhide Rd Knapp Dr Lincoln Way PP-17-0013; CZ-17-0017 -