PLANNING COMMISSION REPORT

Consent Agenda - Non-Public Hearing Item

PC Staff Report

02/16/06

ITEM NO. 2:              FINAL PLAT FOR MARY’S LAKE ADDITION; NORTH OF 31ST STREET AND EAST OF HASKELL AVENUE (LAP)

 

PF-01-01-06: Final Plat for Mary’s Lake Addition. The property is generally described as being located north of 31st Street and east of Haskell Avenue. This proposed 39-lot single-family residential subdivision contains approximately 15.98 acres. Submitted by Landplan Engineering, P.A., for Mary’s Lake Properties, L.L.C., property owner of record. 

 

STAFF RECOMMENDATION: Staff recommends approval of the Final Plat for Mary’s Lake Addition and forwarding it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

  1. Submittal of a Temporary Utility Agreement.
  2. Submittal of An Agreement Not to Protest a Future Benefit District for Improvements to 31st Street.
  3. Submittal of public improvement plans for the construction of Harper Street (extended), sidewalks along Harper Street and within all pedestrian easements, and the extension of sanitary sewer, stormwater, and water mains. [The sanitary sewer extension plans should include modifications to PS-22 and are required to be approved by the Utilities Department prior to building permit issuance.]
  4. Revision of the plat to include the following:
    1. The addition of a note stating, “Existing trees within the landscape easement will be undisturbed and protected during construction.”
    2. The addition of a note stating, “Additional trees will be planted within the landscape easement if existing trees are not available to serve as a buffer”.
    3. The addition of 10-foot wide utility easements between each set of lots along the subdivision’s western side, extending from the u/e along the westernmost edge of the subdivision to one foot east of the 20-foot landscape easement.
    4. The removal of 10-foot utility easements along the western side of Harper Street (extended) and bordering the frontage of lots within the cul-de-sac where no sanitary sewer lines are shown on the preliminary plat, as the unused easements would needlessly interfere with the placement of street trees.
  5. Provision of the following fees and recording documentation:
    1. Pinning of the lots in accordance with Section 21-302.2.
    2. A current copy of a paid property tax receipt.
    3. Recording fees made payable to the Douglas County Register of Deeds.
    4. A completed Master Street Tree Plan in accordance with Section 21-7081a.3.

 

Applicant’s Reason for Request:

To develop 39 single-family homes and create a 5.862-acre parcel of City parkland.

 

KEY POINTS

·         The intent of the applicant is to develop single-family homes on 8.253 acres of land within the city limits.

·         Tract A is to be conveyed from Mary’s Lake Properties, L.L.C. to the City of Lawrence for parkland via a real estate and sales agreement.

·         Lots 38 and 39 are to be conveyed from the City of Lawrence to Mary’s Lake Properties, L.L.C. via a real estate and sales agreement.

·         The final plat conforms to the requirements of the approved preliminary plat.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         PP-07-17-05: Preliminary Plat for Mary’s Lake Addition. [The Planning Commission denied the preliminary plat application with a 5-4 vote on 8/24/05. The City Commission approved the application through a de novo hearing with a 4-1 vote on 9/13/05.]

·         Z-06-36-05: M-1A to RS-2, 8 acres; north of 31st Street, south of Harper Street (extended) and west of Haskell Avenue. [The Planning Commission recommended approval of the rezoning with a 6-3 vote on 8/24/05. The City Commission approved the application on 9/13/05.]

·         Z-06-37-05: M-1A to RS-2, 2.09 acres; north of 31st Street, south of Harper Street (extended) and west of Haskell Avenue. [The Planning Commission recommended approval of the rezoning with a 6-3 vote on 8/24/05. The City Commission approved the application on 9/13/05.]

·         Acceptance of rights-of-way and easements by the City Commission.

·         Recordation of the final plat at the Register of Deeds Office.

 

GENERAL INFORMATION

Current Zoning and Land Use:

M-1A (Light Industrial) District, undeveloped land. [RS-2 (Single-family Residential) District zoning is pending final plat recordation.]

 

Surrounding Zoning and Land Use:

RS-2 (Single-family Residential) District to the north; single-family homes.

 

A (Agricultural) District to the south; industrial uses (this property is outside the city limits).

 

RS-1 (Single-family) District to the east; City of Lawrence parkland.

 

M-1A (Light Industrial) District to the west; industrial use.

 

Site Summary

Number of Lots Proposed:              39 Lots

Gross Area:                                 695,993 Square Feet (15.98 Acres)

Right-of-Way Area:                       81,137 Square Feet (1.863 Acres)

Tract A:                                     255,336 Square Feet (5.862 Acres)

Net Lot Area:                              359,519 Square Feet (8.253 Acres)

Minimum Lot Size:                        7,114 Square Feet (0.163 Acres)

Maximum Lot Size:                       16,207 Square Feet (0.372 Acres)

Average Lot Size:                         9,218 Square Feet (0.212 Acres)

STAFF REVIEW

The request is for final plat approval of Mary’s Lake Addition, which is a proposed 39-lot subdivision for single-family homes. Tract A is to be conveyed from Mary’s Lake Properties, L.L.C. to the City of Lawrence for parkland via a real estate agreement. The subject property is located north of 31st Street, south of Harper Street and East 28th Terrace, and east of Haskell Avenue.

 

Rights-of-Way

The existing Harper Street is stubbed at the northern edge of the proposed subdivision, and will provide sole access to the 39-lot subdivision. Sixty feet of right-of-way are being dedicated for Harper Street (extended), which is a local street. A variance to allow the cul-de-sac to exceed the maximum cul-de-sac length requirement by 184 feet was granted by the City Commission on September 13, 2005 via a de novo hearing.

 

31st Street abuts the property’s southern property line, but access is not allowed to this future four-lane divided arterial (See 2003 31st Street Corridor Study). An additional 15 feet of right-of-way are being dedicated with this plat in order to provide the development’s share of 150 feet of future right-of-way. An Agreement Not to Protest a Future Benefit District for Improvements to 31st Street is required to be submitted as a condition of plat approval. It is important to note that, on July 8, 2005, the applicant agreed to provide this agreement prior to or with the recording of the final plat.

 

Sidewalks

Sidewalks will be provided along the eastern side of Harper Street (extended), around the eastern side of the cul-de-sac, between Lots 17 and 18, and south to 31st Street. As is noted on the plat, sidewalks will be constructed within all pedestrian easements with the construction of the subdivision.

 

Infrastructure

Municipal water mains exist within the rights-of-way of East 28th Terrace and Harper Street, and will be extended along the western side of Harper Street (extended). A storm curb end section and two inlets are located within the right-of-way of Harper Street. Stormwater will be conveyed to Mary’s Lake to the east and 31st Street to the south.

 

With the preliminary plat submittal, City utility engineers determined that the existing sanitary sewer pump station located at the southeast corner of 31st Street and Haskell Avenue (PS-22) did not include capacity to serve the proposed development. The installation of a replacement pump of the same model and including the same capacity of the original pump also resulted in a capacity insufficient to serve Mary’s Lake Addition. The replacement pump produced a pumping capacity of 70 gallons per minutes (gpm), while the station was designed to deliver a capacity of 100 gpm. Alternate wastewater solutions are being examined by the developer and the City’s Utilities Department. Sanitary sewer extension plans that include modifications to PS-22 are required to be approved by the Utilities Department prior to building permit issuance.

 

Easements

Several new utility easements are being dedicated with the plat. Ten-foot utility easements will be located between Lots 29 and 30, and Lots 7 and 8. Ten-foot easements will also border the southern and eastern property lines of the residential development, as well as the frontage of all lots. The 10-foot utility easements along the western side of Harper Street (extended) and bordering the frontage of lots within the cul-de-sac where no sanitary sewer lines are shown on the preliminary plat should be removed as a condition of final plat approval. These utility easements are not needed, as the unused easements would unnecessarily interfere with the placement of street trees. Regarding the placement of street trees within RS zoning districts, Section 21-708a.2(a) of the Subdivision Regulations states the following: “Street trees shall be located in the front yard, building setback and/or adjacent to the right-of-way at a distance not greater than ten (10) feet from the boundary line of the right-of-way.”

 

Along the eastern edge of the residential development, the 10-foot easement will expand into a 15-foot easement as it heads north, starting at Lot 11. The eastern edge of Lot 38 will also include a 10-foot utility easement. Fifteen-foot utility easements will be located between Lots 11 and 12, and Lots 19 and 20. Existing 15-foot utility easements will remain along the northern edges of Lots 1 and 37. An existing 15-foot utility easement is located along the property’s western edge, of which 7.5 feet are located on the subject property. An existing 15-foot wide utility easement running north-south along the eastern edge of Tract A is being vacated with the plat.

 

A 20-foot landscape easement has been added along the property’s western edge, which serves to create a vegetative buffer between the residential subdivision and the adjacent industrial use to the west. As existing trees and vegetation should be utilized to create the landscape buffer, the following note should be included on the plat: “Existing trees within the landscape easement will be undisturbed and protected during construction.” Where existing trees are insufficient to provide a buffer between the two uses, additional trees should be planted within the landscape easement. As a condition of approval, the following note should be included on the plat: “Additional trees will be planted within the landscape easement if existing trees are not available to serve as a buffer.” Additionally, 10-foot wide utility easements should be added between each set of lots along the subdivision’s western side, extending from the u/e along the westernmost edge of the subdivision to one foot east of the 20-foot landscape easement. Landscape easements can only be crossed via the presence of another easement.

 

A five-foot combined pedestrian and utility easement along the frontage of Lots 16 and 17 will connect the residential development to 31st Street via a sidewalk. The combined easement will expand to 10 feet between Lots 17 and 18 and south until it connects with 31st Street.

 

Fifteen-foot drainage easements will be located between Lots 35 and 36, Lots 3 and 4, and Lots 18 and 19. As Section 21-301.5(b) of the Subdivision Regulations states that minimum elevations for building openings (MEBO’s) should be included on all preliminary and final plats, the final plat includes MEBO’s for all lots adjacent to drainage easements.

 

Public Improvements

Submittal of public improvements plans is required with this project. Specifically, plans will be submitted for the construction of extended Harper Street, a five-foot sidewalk on the eastern side of extended Harper Street, and a pedestrian pathway along the frontage of Lots 16 and 17, between Lots 17 and 18, and extending south to 31st Street. Plans will also need to be submitted for the extension of sanitary sewer, stormwater, and water mains. Per the City’s Utilities Department, the sanitary sewer extension plans should include modifications to Pump Station 22 (PS-22) and are required to be approved by the Utilities Department prior to building permit issuance. An SWP3 plan, which outlines erosion control methods, will also be provided with the submittal of public improvements plans.

 

Summary

The final plat conforms with the preliminary plat. As determined with the evaluation of the preliminary plat, the conditioned final plat also conforms to the Zoning and Subdivision Regulations and Horizon 2020.