PLANNING

Memorandum

City of Lawrence

Planning Department

TO:	City Commission
FROM:	Mary Miller
CC:	Sheila Stogsdill David Corliss Debbie Van Saun
Date:	February 13, 2007
RE:	PF-07-17-06: Oregon Trail Addition; N of US Hwy 40 and E of George Williams Way

The Oregon Trail Addition is a proposed 123-lot residential subdivision containing approximately 60.33 acres. RS7 (Single-Dwelling Residential), RM12 (Multi-Dwelling Residential) and RM12D (Multi-Dwelling Residential-duplex) District rezonings have been approved for this property contingent on the recording of the final plat. On August 23, 2006 the Lawrence-Douglas County Planning Commission voted unanimously to approve the Oregon Trail Addition Final Plat and forwarded it to the City Commission for acceptance of easements and rights-of-way. The City Commission accepted the dedication of easements and rights-of-way as part of the September 5, 2006 consent agenda.

The applicant is proposing a minor revision to this final plat, which has not yet been recorded with the Douglas County Register of Deeds. This final plat is therefore being brought back to the City Commission for acceptance of the revised easements.

In the approved final plat, Tract A is noted as a privately owned and maintained drainage easement. One condition of approval on the final plat was that pedestrian easements would be provided in Block Three between Lots 26 & 27, along the southern border of Tract ‘A’ and continuing on between Lots 5 & 6 all of Block Three to provide connectivity through the area. (Condition 1.d)

The attached graphic shows the revision which proposes utilizing Tract A as a City park. Access is provided to the proposed park area through the neighborhood from the east, west and south. The proposed revision expands Tract A to include a southern accessway between Lots 6 through 26 of Block Three. Originally, a drainage easement was provided along the rear of Lots 6 through 26 in Block 3 to direct stormwater flow to Tract A. In the revision this area will become part of Tract A and will be widened to accommodate a 20’ access and utility easement, as well as the drainage easement. Lot sizes have been adjusted slightly to accommodate these changes; however all lots still comply with the dimension and density requirements for their zoning districts.

A 20’ utility and access easement is also included between Lots 38 &39 and 31 & 30 of Block Three to provide access to the park area from the west and on to the east between Lots 5 and 6 of Block Three. The proposed easements will provide connectivity from George Williams Way to Headwaters Drive as well as to the park area.

A benefit district is proposed to be formed to facilitate construction of a 4.34-acre park and trail system within the proposed Oregon Trail Addition. The proposed benefit district is also being considered by the City Commission at this time.

10’ utility easements have been added to the rear of lots to allow utilities to locate without having to cross the drainage easement. A condition of approval for the revised final plat is the removal of any front utility easements found to be unneeded after public improvement plans have been completed. Parallel sanitary sewer lines were originally planned for each side of the drainage easement to the south of Tract A. With this revised plan, City Staff has determined that a variance from the requirement of Section 19-214(B) of the City Code would be appropriate. Per the Code, a private sanitary sewer service line may not cross any public right-of-way or drainage easement or be located in a City public utility easement or City public right-of-way for a length of greater than fifteen (15) feet. (Ord. 7743) The purpose and intent of this regulation was to prevent the location of sanitary sewer services under major thoroughfares. In this case Utilities Staff recommends installing a single public main on one side of the drainage easement and at the time of construction of the public main extending sanitary sewer service stub outs to the far side of the drainage tract. Pending the City Commission’s acceptance of the revised Final Plat, Utilities Department Staff will present a request for a variance to the above noted City Code to allow the extension of the private sanitary sewer service stub outs across the City owned drainage tract.

Staff recommends that the City Commission accept the dedication of the rights-of-way and easements of this revised final plat subject to the conditions of approval of the original plat with revised conditions of approval. The revised conditions are below, with added wording in bold print and deleted text struck-through:

1. Revision of the final plat to include the following:

a. A note stating “No building permits will be issued until the completion of George Williams Way, Stoneridge Drive or Overland Drive to serve the subdivision.”

b. A note stating: “Building permits issued within this subdivision shall be limited to a maximum number of dwelling units (based upon an updated revised Traffic Impact Study showing only one access into the subdivision with Level of Service of “C: or better, at the intersection of George Williams Way and W. 6^th Street, or Stoneridge Drive and W. 6^th Street) until such time as a second access to the subdivision is completed.”

c. 10’ landscape easements must be provided on the rear of double frontage lots.

d. ~~Pedestrian easements provided in Block Three between Lots 26 & 27 and along the southern border of Tract ‘A’ and continuing on between Lots 5 & 6, all of Block Three.~~

e. Remove the 10’ Utility Easements in the front of those lots where no water, sanitary sewer, or stormwater lines are proposed per the plat, as the unused easements would needlessly interfere with the placement of Street Trees. If the easement is needed, provide justification.

f. A note stating “The individual property owners for Lots 6-12 and 15-17, Block Three, Oregon Trail Addition, are responsible for the ownership and maintenance of the private sanitary sewer service located on City property (Tract A).”

2. Provision of the following fees and documentation:

a. Recording fees made payable to the Douglas County Register of Deeds.

b. A completed and revised Master Street Tree Plan with Red Maple deleted and Zelkova (Botanical name: Zelkova serata ‘Green Vase’) added.

c. A Temporary Utility Agreement.

d. Street sign fees.

3. Pinning of lots in accordance with Section 21-302.2 of the Subdivision Regulations.

4. Submission of Public Improvement Plans prior to the recording of the Final Plat with the Register of Deeds Office.

5. Final Plat can be recorded when an agreement not to protest the creation of a special assessment benefit district or districts for the improvement of George Williams Way from West 6^th Street to the north boundary line of the Final Plat, including intersection improvements at West 6^th Street, has been executed.