PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

12/12/05

ITEM NO. 10B:         USE PERMITED UPON REVIEW FOR LAWRENCE PUMP STATION                                      #3; 720 GRANT STREET (LAP)

 

UPR-10-11-05:  Use Permitted upon Review request for Lawrence Pump Station #3, located at 720 Grant Street. This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan. Submitted by Bartlett and West Engineers, Inc. for City of Lawrence, property owner of record. 

 

STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review for the Lawrence Pump Station #3 and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report, subject to the following conditions:

1. Prior to placement on a City Commission agenda for consideration, the project should receive variances for the existing ferrous chloride tank and encroachment of the new building into the front yard setback from the Board of Zoning Appeals.

2.  Revision of the site plan to include the following changes:

a.      Relocation of the Westar transformer to a location entirely inside or outside the lot.

b.      Change of plan note “Current Use: Industrial/Open Lot” to read “Current Use: Open Lot”.

c.      Change of plan note “Zoned RS-2” to “Zoned RM-D”.

d.      Addition of a light pole and inclusion of a note, stating all site lighting will be shielded to prevent off-site glare.

e.      Addition of site landscaping to serve as a visual buffer at the site’s southwesternmost corner and along its eastern edge per the approval of the City’s landscape supervisor.

f.       Inclusion of vegetation to screen the Westar transformer per approval of the City’s landscape supervisor. [Note: the sides of the transformer without a door can be screened.]

g.      Change of note from “Location for KPL transformer” to “Location for Westar transformer”.

h.      Change of plan label “Stanton Street” to “Grant Street”, as Grant Street continues south of the property.

3. Submittal and approval of a Floodplain Development Permit application.

4. Submittal and approval of a photometric plan.

5. Submittal of a Site Plan Performance Agreement.

 

Reason for Request:

To construct Lawrence Pump Station #3.

 

KEY POINTS

  • The proposed pump station will provide improved sanitary sewer services for a portion of North Lawrence.
  • The 2003 Wastewater Master Plan specifically addresses the pump station.
  • As a portion of the subject lot is located within the Floodplain Overlay District, a Floodplain Development Permit will need to be submitted and approved as a condition of UPR approval.
  • One new tree is being added with the project. However, additional landscape screening should be added to the site to screen the pump at the southwesternmost corner of the lot and along its eastern side. The Westar transformer should also be screened on three of its sides.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by a mix of residential and light industrial uses.

CONFORMANCE WITH HORIZON 2020

  • The proposed use conforms with several recommendations and policies of Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

  • Z-10-66-05: A request to rezone a tract of land approximately 0.1 acre (4,577 square feet) from M-3 (Intensive Industrial) District to M-2 (General Industrial) District. 
  • PF-10-41-05: Final Plat for Lawrence Pump Station #3, a Replat of Lot 1, Block 4 and part of vacated Perry Street of Smith’s Subdivision, and part of Lot 14 in Simpson’s Central Subdivision, 7th Addition in North Lawrence. 
  • UPR-10-09-05: Use Permitted upon Review request for Lawrence Pump Station #1, located at 301 North Street.
  • UPR-10-10-05: Use Permitted upon Review request for Lawrence Pump Station #2, located at 570 Walnut Street. 

·         City Commission approval is required.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • Alain Deroulette, 711 Maple Street, requests additional landscaping be added to screen the pump station from his property. Specifically, he suggests that native tall grasses or trees be added at the southwesternmost corner of the lot, directly west of the existing cedar tree.

 

GENERAL INFORMATION

Current Zoning and Land Use:                    M-2 (General Industrial) District and M-3 (Intensive Industrial) District [Note: M-2 District zoning pending for the M-3 portion of the site]; undeveloped property.

 

Surrounding Zoning and Land Use:   M-2 (General Industrial) and M-3 (Intensive Industrial) Districts to the north and south; single-family homes and light industrial uses.

 

                                                M-2 (General Industrial) District to the west; single-family homes and undeveloped property.

 

                                                M-3 and RM-D District to the east; multi-family homes.

 

Site Summary

Lot Size:                  0.224 acres (9,761 s.f.)

Building Area:            192 s.f.

Impervious Area:      0.090 acres (3,944 s.f.)

Pervious Area:           0.134 acres (5,817 s.f.)

 

 

 

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding - The properties to the north and south are zoned M-2 and M-3 Districts, while the properties to the west are zoned M-2 District. M-3 and RM-D Districts exist to the east of the subject area. Light industrial uses, as well as single-family and multi-family uses, surround the property.

 

II.       CHARACTER OF THE AREA

 

Staff Finding - The subject property is located in North Lawrence, northwest of Grant Street. The area is characterized by a mix of residential and light industrial uses.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

Staff Finding - A Use Permitted upon Review does not change a property’s underlying zoning. The proposed use of a sanitary sewer pump station is permitted within the M-2 District with an approved UPR application. As the site is located near the Union Pacific Railroad in a mixed-use area, it is suitable for a pump station. However, the site and Westar transformer should include additional landscaping to serve as a visual buffer from the adjacent roadway and residential properties.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding - The property is currently undeveloped and has been zoned M-2 and

M-3 since the adoption of the Zoning Ordinance in 1966.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding - As previously noted, the proposed UPR would not alter the base zoning district of M-2. One new tree is proposed for planting with the project in order to provide some buffering from the pump station. However, as several residences are nearby, additional landscaping should be provided to serve as a vegetative buffer. Specifically, shrubbery or native vegetation should be added at the southwesternmost corner of the site and along the property’s eastern edge. The Westar transformer should also be screened on three sides. This landscaping will need to be added to the site plan per approval of the City’s landscape supervisor as a condition of UPR approval. One new light pole is proposed for installation to the east of the access drive. A photometric plan will need to be approved by the Planning Department as a condition of UPR approval. Additionally, a note should be included on the plan, stating “all site lighting will be shielded to prevent off-site glare”.

 

For security purposes, an 8-foot tall chain link fence will be installed with the project. The new fencing will tie into existing 6-foot fencing along the site’s eastern and western sides. Security gates will be added at the entry of the access drive.

 

VI.       RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

Staff Finding - The gain to the public is an improved sanitary sewer system for a portion of North Lawrence. However, a balance must be maintained in providing public utilities while not causing a disruption to the surrounding properties. Therefore, additional landscaping and off-site glare prevention should be included with the project in order to minimize potential negative impacts to nearby residents and property owners.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

CHAPTER TEN – COMMUNITY FACILITIES

“The nature of public and semi-public uses and the fact that they are permitted in residential areas makes it difficult to identify all appropriate sites. The plan therefore considers areas shown for the various residential categories as appropriate for many public and semi-public uses, provided access and buffering are considered in their location."  (page 10-1)

 

STRATEGIES: UTILITIES

·     “Plans should emphasize utility improvements and extensions that provide the highest level of service within existing service areas, particularly public water and wastewater treatment and collection.”

·     “The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.” (page 10-10)

 

COMMUNITY FACILITIES GOALS AND POLICIES

GOAL 1: Provide Facilities and Services to Meet the Needs of the Community (page 10-15)

          Policy 1.1: Maintain Existing Facilities

 

GOAL 2: Criteria for the Location of Community Facilities (page 10-16)

          Policy 2.4: Utilize Locational Criteria for Utility Structures

 

Staff Finding - Horizon 2020 does not directly address UPR applications. However, the subject application is consistent with the plan’s goals and policies related to site buffering and adaptive reuse of existing facilities. An existing on-site pump station will be decommissioned with the installation of the new pump station.

 

STAFF REVIEW

The subject undeveloped property is located northwest of Grant Street in North Lawrence. The UPR application includes the construction of a sanitary sewer pump station and will include the following site improvements: addition of landscaping and trees, decommissioning of pump station #3, installation of a light pole, and addition of an asphalt drive and concrete pad.

 

Variance Requests

An existing ferrous chloride tank is located within the eastern side yard setback of 20 feet, and the new building will encroach into the front yard setback of 25 feet. Prior to placing the UPR application on a City Commission meeting agenda, variances from the Board of Zoning Appeals are required for the encroachment of these structures.

 

Replatting and Rezoning Applications

The subject property includes portions of platted lots and must be replatted prior to UPR approval. The replat will result in a lot including a portion of vacated Perry Street, as well as portions of lots from Smith’s Subdivision and Simpson’s Central Subdivision.

 

As a western portion of the subject lot is zoned M-2 and an eastern portion is zoned M-3, a rezoning application also accompanies the UPR application. The application proposes to rezone the M-3 zoned portion to the M-2 District. The M-2 District is of less intensity than the M-3 District and will allow for uniformity in zoning.

 

2003 Wastewater Master Plan

Pump Station #3 is addressed in the 2003 Wastewater Master Plan in the Pump Station and Force Main Improvement Summary (Table IV-2, page 1-4). While the summary indicates expansion and/or replacement of the pump in the planning year 2025, the project was included with 2004 Capital Improvement Plan in order to improve system reliability and to expand service capacity.

 

Floodplain Overlay District

A portion of the subject lot is located within the 100-year floodplain and Floodplain Overlay District. Therefore, as a condition of UPR approval, a Floodplain Development Permit will need to be applied for and approved by the Planning Department.

 

As the subject UPR will provide an improved sanitary sewer system for a portion of North Lawrence, it will be permitted for an indefinite time-frame. It is important to note that UPRs are subject to review at anytime through the provision of Section 20-1613 of the Zoning Ordinance, which establishes the criteria and process for amendment, suspension or revocation of approved UPRs.

 

The Lawrence Pump Station #3 UPR complies with the policies and recommendations of Horizon 2020. Approval of the UPR will allow for the construction of a pump station in North Lawrence.