Review of Topeka Municipal Code Title 18 – Development Code Focused on M-2 Multiple-Family District and Planned Unit Development (PUD) for the Eveningside Northwest / 37th & Gage Parcel

Title 18 is Topeka’s comprehensive Development Code. It consolidates zoning districts, use regulations, density and dimensional standards, Planned Unit Development procedures, site plan review, landscaping, parking, subdivisions, and related development requirements. It is the primary regulatory framework governing the Eveningside Northwest parcel project.

The code is organized into divisions, with Division 4 (Zoning Code) containing the most relevant chapters for this residential development.

1. M-2 Multiple-Family Dwelling District (18.100)

This is the base zoning district Mike Hall recommended.

Purpose (per code and city summaries): The M-2 district is established to provide for attached dwelling units containing three or more dwelling units per structure. It expressly accommodates townhouses, condominiums, cooperatives, apartments, group living facilities, and congregate living. It is intended as a transitional district between lower-intensity single-family areas and higher-intensity uses.

Key Characteristics:

• Strongly supports clustered/attached housing (“units in connection with one another”), which aligns directly with the goal of maximizing units on the constrained ±2.48-acre parcel.
• Does not favor scattered single-family lots (R-1 style); those are easier under straight R-1 but yield far lower density.

Density & Dimensional Standards (cross-referenced in 18.60.020):

• Maximum Density: 25 dwelling units per acre (base). A 40% density bonus (up to 35 du/acre) is available when at least 30% of units qualify as affordable (≤60% of area median income).
• Maximum Building Coverage: 60% of lot area.
• Maximum Height: 50 feet.
• Minimum Lot Area: 7,000 sq ft (adjusted for multi-unit development).
• Setbacks (Principal Buildings): Front 25 ft, Rear 25 ft, Side 5 ft. Critical for townhomes: Zero side-yard setback is permitted along the shared lot line between attached units.
• Minimum lot width standards apply, with flexibility for attached products.

This district is well-suited to the irregular parcel shape created by following the stream buffer centerline. The zero side setback between attached units and the clustering emphasis make M-2 the logical choice over lower-density districts.

2. Planned Unit Development District (18.190)

This is the key tool that makes the M-2 recommendation powerful.

Topeka maintains a dedicated PUD Planned Unit Development District (18.190). It functions as both a zoning district and a flexible regulatory framework.

Purpose: To encourage innovative land planning and design that may deviate from strict application of base zoning standards (setbacks, lot sizes, density configurations, parking layouts, etc.) in exchange for superior overall site design, open space preservation/enhancement, amenities, and compatibility with surrounding areas.

How it works with M-2:

• The project can be rezoned to M-2 PUD (or established as a PUD with M-2 permitted uses).
• The PUD master plan / development plan becomes the controlling document. It can customize standards to fit the stream buffer, utility locations, and clustered layout while still delivering M-2-level density and attached housing.

Approval Process & Requirements:

• Requires a detailed master plan (or preliminary development plan) showing building locations/types, unit counts, parking, access, open space/stream buffer treatment, landscaping, phasing, etc.
• Typically involves a pre-application meeting (already begun with Mike Hall), concept plan review, Neighborhood Information Meeting, Planning Commission public hearing, and City Council approval by ordinance.
• Site Plan Review (18.260) is integrated into the PUD process for multi-family and clustered development.

Amendments (18.190.070):

• Minor changes to an approved PUD master plan can often be approved administratively by the Planning Director.
• Major changes generally require a new public hearing and City Council action.

This flexibility is exactly why Mike Hall recommended M-2 PUD rather than straight M-2 rezoning: it allows creative clustering around the ±38-foot transition from the stream buffer centerline while still complying with (or improving upon) the spirit of the code.

3. Supporting Standards Relevant to This Project

• 18.60 Use Tables & Density/Dimensional Standards: Establishes what is allowed in M-2 and the quantitative rules (already summarized above).
• 18.260 Site Plan Regulations: Most multi-family and all PUD projects require formal site plan review. Plans must address buildings, circulation, parking, drainage, utilities, landscaping, lighting, and compatibility. This will be a core submission requirement for the Eveningside project.
• 18.235 Landscape Requirements and 18.240 Off-Street Parking Requirements: Will apply; PUD can provide flexibility in how these are met (e.g., shared parking, enhanced landscaping in the stream buffer transition zone).
• 18.230 Dimensional Requirements: General rules that PUD can modify via the approved master plan.
• Subdivision provisions (Division 3): Will likely be needed later for platting the ±2.48-acre parcel and any internal lots or common areas.

Stream Buffer / Environmental Considerations: Title 18 does not appear to contain highly prescriptive riparian buffer ordinances in the zoning chapters (those are often handled through engineering/stormwater review or subdivision standards). However, the strategy of following the stream buffer centerline and treating the buffer as protected open space/amenity is consistent with good PUD practice and will strengthen the application by demonstrating environmental sensitivity and superior site design.

4. Implications & Recommendations for the Eveningside Northwest Project

The combination of M-2 base zoning + PUD is an excellent fit for the following reasons:

• It directly supports the clustered, attached housing product Mike Hall endorsed.
• PUD flexibility allows optimization around the stream buffer, the two buildable pockets (±0.63 ac and ±0.99 ac), and utility corridors.
• On the ±1.62 acres of identified buildable land, realistic unit counts in the 25–35+ range appear achievable depending on unit mix, parking, and final PUD negotiations (higher with the affordable housing bonus if pursued).
• The process gives the City comfort through detailed master plan review while giving the development team design latitude.

What the Code Will Require for Approval:

• Detailed PUD master plan / concept site plan (buildings, unit count/types, parking, access, open space/stream treatment).
• Compliance with (or approved deviations from) M-2 dimensional standards via the PUD.
• Site plan review addressing drainage, utilities, landscaping, and circulation.
• Public hearing process with opportunity for neighborhood input.

This framework supports a professional, code-responsive application that builds on the initial guidance from Mike Hall.

 

Eveningside Northwest Parcel (37th & Gage) – Professional Development Briefing

Prepared by Wible Property Development LLC

Based on initial consultation with Mike Hall, City of Topeka Planning Department

Executive Summary

Tyler Wible of Wible Property Development LLC conducted a targeted consultation with Mike Hall, City of Topeka Planning, regarding the northwest corner parcel at the intersection of SW 37th Street, SW Gage Boulevard, and Eveningside. The discussion yielded clear, actionable guidance on parcel configuration and zoning strategy.

Core Recommendation: Separate the parcel by following the centerline of the stream buffer. This produces a clean ±2.48-acre parcel while allowing the City’s standard 20-foot building restriction to be measured from the new property line (within an area the team does not intend to develop anyway).

Mike Hall recommended pursuing M-2 PUD zoning. This classification is specifically designed for attached multi-family and townhome-style development and, when processed as a Planned Unit Development, provides the flexibility needed to cluster units efficiently on this irregularly shaped site while respecting the stream corridor, utilities, and surrounding context.

This approach positions the project for higher unit yield through thoughtful clustering, stronger design review outcomes, and better integration of the natural stream buffer as an amenity rather than a constraint.

Parcel Configuration Strategy

By anchoring the new western/southern boundary to the center of the stream buffer, the team achieves:

• A well-defined ±2.48-acre parcel suitable for independent development and future platting.
• Compliance with the City’s building restriction/setback measured from the new property line.
• Logical separation from the remainder of the larger tract while preserving the stream corridor’s function.

Supporting Measurements (from Wible’s field review and mapping):

• Approximate distance from stream buffer centerline to buildable land: ±38 feet.
• Distance from buildable land to sewer main (green): ±112 feet.
• Identified buildable pockets:
  • Northwest of sewer main / south of water main: ±0.63 acres.
  • Southeast of sewer main / north of stream buffer: ±0.99 acres.
• Combined buildable area in the two pockets: ±1.62 acres (balance of the 2.48 acres includes the stream buffer transition and necessary setbacks/easements).

Water (blue) and sewer (green) mains are clearly mapped; their locations will influence access, utility extensions, and phasing but do not appear to preclude clustered development.

M-2 PUD Zoning – Detailed Explanation

M-2 Multiple-Family Dwelling District (Topeka Municipal Code Title 18) is the appropriate base zoning for this type of project. Its stated purpose is to accommodate attached dwelling units containing three or more units — explicitly including townhouses, condominiums, cooperatives, and similar clustered housing — while serving as a transitional district between lower-intensity residential areas and more intensive uses.

Key M-2 Standards (current code):

• Maximum Density: 25 dwelling units per acre (base). A 40% density bonus (up to 35 du/acre) is available when at least 30% of units are affordable (≤60% AMI).
• Dimensional Standards: 7,000 sq ft minimum lot area, 60% maximum building coverage, 50 ft maximum height, front/rear setbacks of 25 ft, and side setbacks of 5 ft (with zero side setback permitted between attached units — ideal for townhomes).
• Use Intent: Strongly supports connected/cluster housing rather than scattered single-family lots.

Why PUD (Planned Unit Development) is the right vehicle: A straight M-2 rezoning would lock the project into more rigid application of the above standards. Processing as (or with) a PUD allows the City and developer to negotiate a customized development plan that can include:

• Modified or averaged setbacks and lot configurations to maximize clustering around the stream and utilities.
• Creative site design that treats the stream buffer as protected open space/amenity (strengthening the application).
• Integrated parking, access, stormwater, and landscaping standards tailored to the ±2.48-acre site.
• Higher effective unit yield through good design without needing variances.

Process Overview (Topeka):

1. Pre-application meeting with Planning staff (already initiated via Mike Hall).
2. Preparation of a detailed concept/preliminary development plan and site plan showing building locations, unit counts/types, parking, access, open space/stream buffer treatment, and phasing.
3. Neighborhood Information Meeting (typically required).
4. Planning Commission public hearing and recommendation.
5. City Council consideration and approval of the PUD/master plan.

Once approved, the PUD functions as the site-specific zoning control, giving both the developer and City certainty while allowing the flexibility this constrained but promising parcel needs.

Rough Density Potential (illustrative only): On the ±1.62 acres of identified buildable land, M-2 base density could theoretically support in the range of 30–40 units depending on final layout, unit mix (townhomes vs. larger buildings), parking requirements, and open space allocation. PUD flexibility, combined with the clustering Mike Hall endorsed (“as many units as we can in connection with one another”), makes the higher end of that range more achievable while still delivering a high-quality project.

Illustrative Concepts & Site Plan Context

Pages 5–7 of the supporting materials include conceptual site plans (FALK) for a 37th & Gage housing development. These show clustered building footprints arranged around a central feature near the stream corridor — exactly the kind of efficient, connected layout that M-2 PUD is designed to facilitate. The plans demonstrate how units can be grouped to respect the stream buffer while creating a cohesive residential environment. These or similar layouts can serve as the starting point for the formal PUD concept plan.

Strategic Opportunities & Considerations

• Stream Buffer as Asset: Treating the buffer as protected open space/amenity (rather than just a setback) strengthens both the PUD justification and long-term marketability.
• Utilities & Access: Early coordination with water/sewer providers and City engineering on extensions and connections will be important.
• Grading, Drainage & Retaining Walls: Ongoing work with Tyler Wible’s team and McCoys Industries on grading, erosion control, and retaining walls aligns well with preparing a strong PUD submittal.
• Neighborhood Context: The transitional nature of M-2 and the PUD’s emphasis on quality design help address compatibility with nearby single-family areas.
• Affordable Housing Bonus: If the project goals include workforce or affordable components, the density bonus to 35 du/acre could be leveraged.

Recommended Next Steps (Professional Path Forward)

1. Formal Pre-Application Follow-Up — Schedule a more detailed pre-app meeting with Planning (Mike Hall or assigned staff) once a preliminary concept layout is ready.
2. Concept Site Plan Development — Engage civil engineering and architecture to produce a PUD-quality concept plan showing unit count, clustering, parking, access, and stream buffer treatment.
3. Utility & Engineering Coordination — Confirm sewer/water capacity and connection points; integrate any required drainage or traffic studies.
4. PUD Application Package — Prepare in accordance with City’s “PUD – standard format and notes” and related checklists (includes master plan, site plan details, etc.).
5. Team Alignment — Coordinate with project ownership and development principals on overall development objectives, target unit mix, and any affordable housing or market positioning strategy.

Wible Property Development LLC is positioned to deliver a well-prepared, code-responsive proposal that respects City guidance while maximizing the site’s potential. This M-2 PUD path offers both regulatory flexibility and a clear framework for approval.

Would you like me to:

• Draft a polished one-page memo version of this briefing suitable for sharing with the broader team or City staff?
• Help outline the specific elements needed for a PUD concept plan?
• Pull together comparable approved M-2 or PUD projects in Topeka for reference?

This positions the project — and Wible’s contribution — as thorough, professional, and ready for the next phase of advancement.