PLANNING COMMISSION REPORT

CONSENT AGENDA --NON-PUBLIC HEARING ITEM:

 

PC Staff Report

06/27/07

ITEM NO. 9D:

 

PRELIMINARY PLAT FOR THE EXCHANGE AT LAWRENCE; 31ST & OUSDAHL (MKM)

PP-05-06-07:

 

Preliminary Plat for The Exchange, located at 31st & Ousdahl. Submitted by Professional Engineering Consultants, P.A., for RA & JG Limited Company, property owner of record.

 

 

STAFF RECOMMENDATION: Staff recommends approval  of the Preliminary Plat of Exchange at Lawrence subject to the following conditions:

 

1.       Execution of an agreement not to protest the formation of a benefit district for construction of future minor arterial road on the east border;

2.       Execution of an agreement not to protest the formation of a benefit district for future signalization and intersection improvements at Louisiana and 31st Streets.

3.       Execution of an agreement not to protest the formation of a benefit district for future street improvements to W 31st Street.

4.       Execution of an agreement not to protest the formation of a benefit district for extension of Ousdahl Road through the property.

5.       Execution of an agreement not to protest the formation of a benefit district for extension of W 33rd Street through the property.

6.       Contact the U.S. Army Corps of Engineers for any necessary permit for development of the wetland shown on the plat and provide the Planning Office with a copy of the permit, or with documentation showing that a permit is not needed.

7.       Provision of a revised Preliminary Plat with the following changes:

a.      Note added stating that the size and location of the pump station and easement will be determined at the final design phase and shown on the final plat;

b.      Note added stating that an access easement will be provided on the final plat to allow the City Utilities Department unlimited access to the proposed pump station;

c.      Note added stating that a Transfer of Ownership for the property where the proposed pump station will be located will be executed before the final plat is recorded;

d.      Note added stating that funds will be placed in escrow after the approval of the final plat for the future decommissioning and modification of the temporary pump station, and that no building permits will be issued until the funds are in escrow.

e.      Easements provided for access to waterlines, per Utilities Department’s approval.

f.       Note added stating that access will not be permitted onto the future minor arterial road along the east property line until the intersection at the Louisiana/W 31st Street intersection is operating at a C level or better.

g.      The existing and proposed sidewalks along W 31st Street and Ousdahl Street must be shown with dimensions, with a notation that the proposed sidewalk will be installed during construction of the development.  It must be noted that sidewalks will be constructed to City Standards.

h.      Note added stating that sidewalks will be provided along the extension of Ousdahl, W 33rd Street and the future arterial road along the east property line, when these roads are constructed.

i.         Proposed detention pond must be shown on the plat, with a note that it is a private drainage easement which will be maintained by the property owners.

j.        80’ of right-of-way must be dedicated for the future extension of Ousdahl Road to the south property line.

k.      80’ of right-of-way must be dedicated for the future extension of W 33rd Street to the east property line.

l.         Additional right-of-way for a roundabout must be dedicated at the corner of W 33rd Street and Ousdahl. (50’x50’ triangle of right-of-way on each corner.)

m.   Southern Star’s easement must be shown on the plat, if it is located on the Exchange Property. If an encroachment agreement is necessary, the applicant must provide a copy to the planning office.

n.      Site Summary table must be provided on the plat which includes the lot size, amount of right-of-way being dedicated and the net area in each lot.

o.      Dimensions must be shown for the lots.

 

Applicant’s Reason for Request: Subdivision requirement prior to residential development of property.

 

KEY POINTS

·         A portion of the property lies outside the city limits, and an annexation request [A-05-04-07] has been submitted.

·         Rezoning requests from RS10 and A to RM15 [Z-05-05-07] and from A to UR [Z-05-06-07] have been submitted.

·         The land is not encumbered by Floodplain but does have a small wetland area delineated.

·         Sanitary Sewer capacity is not available in the interceptor main crossing the property.

·         The proposed development will occur in two phases.

 

SUBDIVISION CITATIONS TO CONSIDER

·         This application is being reviewed under the Subdivision Regulations for Lawrence and Unincorporated Douglas County, effective Jan 1, 2007.

·         No unusual or specific citations have been identified with the review of this application.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

§         Approval of annexation by Planning and City Commission. Publication of Annexation ordinance.

Zoning

·         Z-05-05-07; 24.5 acres to RM15 (Multi-dwelling Residential) District. 11.18 acres from RS10 (Single-dwelling Residential) and 13.3 acres from A (Agricultural Zoning) Districts; which is also being considered by the Planning Commission during its 06/27/07 meeting.

·         Z-05-06-07; 38.6 acres from A (Agricultural) to UR (Urban Reserve) Zoning; which is also being considered by the Planning Commission during its 06/27/07 meeting.

·         Approval of zoning by City Commission. Ordinance published after recordation of final plat.

Platting

Platting

·         Submittal of the preliminary plat to the City Commission’s acceptance of dedication of rights-of-way and easements.

·         Submission of Public Improvement Plans to City Public Works Department and Utilities Department prior to recordation of the final plat.

·         Written certification from the City Engineer that all required public improvements have been completed or one of the means of ensuring completion of required public improvements listed in Section 20-811(h)(2) of the City/County Subdivision Regulations.

·         Planning Director approval of the final plat and recordation of the Exchange at Lawrence Final Plat at the Douglas County Register of Deeds.

Development

·         Submittal and administrative approval of a site plan for the multi-dwelling development.

·         Funds placed in escrow account to finance the additional operational expenses as well as the decommissioning and modifications required to establish the gravity connection.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         Letter from Jeanne Ellermeier of the Indian Hills Neighborhood Association expressing concern that the development proposal is being considered before the Southern Development Plan has been adopted.

 

GENERAL INFORMATION

 

 

Current Zoning and Land Use:

 

RS10 (Single-Dwelling Residential) District for the north ern 11.18 acres; agricultural uses-row crops.

A (Agricultural) District for the southern 51.93 acres;  agricultural uses-row crops.

 

Surrounding Zoning and Land Use:

To the west are four zoning districts: 

CS (Commercial Strip) District; a mini-storage facility, and a auto/tire service center and further to the south a Wal-Mart store.

GPI (General Public and Institutional); a post office;

PCD [Pine Ridge Plaza] District; a narrow strip of undeveloped land along Ousdahl Road and beyond that the Pine Ridge Plaza Shopping Center with commercial uses.

RS7 (Single-dwelling Residential); located adjacent to the Wal-Mart building and housing the lagoon which provides Wal-Mart’s on-site wastewater management system.

 

To the south and east: A (Agricultural) District; this land lies outside the Incorporated City Limits; Agricultural uses and scattered rural residences.

 

To the north is RS10 (Single-dwelling Residential) District which contains Gaslight Village, a mobile home park.

 

Site Summary

Number of Lots:

2

Gross Area:

63.11 Acres

Dimensions of Lot 1:

 

Dimensions of Lot 2:

Area          24.46 acres

Lot Width  1050’ (must be noted on the plan)

Area          38.65 acres

Lot Width 1050’ (dimensions must be noted on the plan)

 

 

STAFF REVIEW

The subject property is located at the southeast corner of the intersection of W. 31st Street and Ousdahl Road. The southern portion of the property lies in Service Area 1 of the Urban Growth Area and the northern portion is in the city limits. Annexation and rezoning requests have been submitted with this preliminary plat.

 

Zoning and Land Use

The southern 52 acres of the property is currently zoned A (Agricultural) District and the remainder is zoned RS10 (Single-dwelling Residential) District.  The property is surrounded by a variety of zoning districts and land uses, including: CS (Commercial Strip) and PCD (Planned Commercial Development) Districts to the west and northwest, with commercial uses; to the north is a RS10 (Single-dwelling Residential) District developed with a 41 acre mobile home park. The land to the south and east lies outside the City limits, is zoned A (Agricultural) District and contains agricultural land and scattered rural residences.  Photos showing the variety of land uses in the area are included in Appendix B.

 

The applicant proposes to develop a one-lot multi-dwelling residential development on the northern 24.46 acres and to rezone the southern 38.65 acres as UR (Urban Reserve) until a development proposal is submitted. Annexation and rezonings will be necessary to accomplish this development, and these requests are being considered at the June Planning Commission meeting as well.

 

Streets and Access

The property is bounded on the west by Ousdahl, the north by W 31st Street and will be bounded on the east by the future arterial. Access to the site will be taken from Ousdahl Road, but is not allowed within 300’ of the Ousdahl Road/W. 31st Street intersection.  Access is not allowed to and from W 31st Street. The plat shows hatched areas to indicate ‘no access’.  Hatch marks are also shown for 300’ south of the intersection of the future arterial to the east and W 31st Street. Staff recommends that a note be placed on the plat that access will not be permitted to the future minor arterial road which will be constructed along the east property line until the intersection at W 31st Street and Louisiana Street has been improved and is operating at a C level of service or better.

 

The City bus service, the Lawrence Transit System has 2 routes which pass down Ousdahl Road and can serve this property. A bus shelter could be located on this property. This item will be addressed at the final plat stage, and coordinated with the Lawrence Transit System.  Section 20-810(c)(2) of the Subdivision Regulations requires sidewalks to be constructed on both sides of collector and arterial streets. Collector streets require 5’ sidewalks and arterial streets require 6’. The plat must be revised to show the existing and proposed sidewalks, with dimensions, and indicate that the proposed sidewalk will be installed during construction of the development.  Public Improvement Petitions must include the construction of sidewalks or pedestrian ways.

 

Utilities and Infrastructure 

The City Utilities Department indicated that waterline extension is required along W 31st Street. Waterline plans will need to be submitted and approved by the Fire Department and Utilities Department before building permits may be issued.  The Utilities Department indicated that easements would be necessary for them to access their lines, and the applicant indicated they would work with them on establishing the easements.

 

A privately-owned and maintained stormwater detention pond is proposed on the southeast corner of the lot. This pond must be shown on the plat along with a note that this will be a private drainage easement which will be maintained by the property owner. The applicant has provided a drainage study which has been approved by the City’s Stormwater Engineer. No public stormwater drainage improvements are proposed. A preliminary drainage study has been submitted and approved. The Stormwater Engineer may require additional information as the development progresses.

 

A 36” sanitary sewer line runs across this property, but does not have the capacity to serve this development. This line currently experiences surcharges in rain events.  The Wakarusa Water Reclamation Facility will provide relief for this line when it is constructed, but any development proposed before then must provide alternate sanitary sewer service. The applicant submitted a Downstream Sanitary Sewer Analysis which has been approved by the City Utilities Department. The Utilities Engineer indicated that the 24” line to the south would have the capacity for this development. The alternate method proposed by the applicant will require a pump station and a force main. The applicant has indicated that they would build the pump station and lay the lines to connect with the southern 24” line. The City will provide oversight and must approve the sanitary sewer and pump station plans and construction.  The applicant must escrow funds for the construction, decommissioning and modification of the sanitary sewer system or create a benefit district, of which they would be the only member.

 

The City Utilities Engineer indicated that the capacity will be available for this development using the alternate sewer method. However, all subsequent expansions of the proposed development beyond the proposed north 30 acres shall require additional analysis for available capacity and approval of public improvement plans.

 

Easements and Rights-of-way

The property abuts W 31st Street on the north and Ousdahl Road on the west property lines. W 31st Street is currently classified as a ‘minor arterial’   and is classified as a ‘principal arterial’ on the Future Thoroughfares Map. The City Subdivision Regulations require a minimum of 100’ right-of-way for a principal arterial without a median, and 100’ of right-of-way exists for W 31st Street.  However, the 31st Street Corridor Study which was completed in 2003 recommended that W 31st Street be developed with 150’ of right-of-way in this area. An additional 50’ of road right-of-way is necessary for W 31st Street. 25’ must be dedicated with the Exchange of Lawrence plat and is shown on the preliminary plat. Ousdahl Road is classified as a ‘collector’ both currently and in the Future Thoroughfares Map.  The Subdivision Regulations require 80’ of right-of-way for a minor arterial or collector. The City Engineer is requiring that 80’ of right-of-way be dedicated with this plat for the future extension of Ousdahl Road to the southern property line. This will allow connectivity through the area as roads to the south are constructed.  The proposed road on the east property line is shown as a ‘minor arterial’ and will require a minimum of 80’ right-of-way. 50’ of right-of-way is being dedicated with this plat for the future construction of this road. The remaining right-of-way will be dedicated when the property to the east develops.  W 33rd Street is classified as a collector street and is opposite Lot 2, the area which is planned for development in a future phase. The City Engineer is requiring that 80’ of right-of-way be dedicated with this plat for the future extension of W 33rd Street to the road or development to the east. The road may need to curve around the drainage easement. The dedication of right-of-way with the preliminary plat will allow the extension of these streets/roads when the property in Phase 2 is developed which will provide connectivity through the area.

 

A 20’ wide Sanitary Sewer Easement containing a 36” main interceptor line crosses the width of the property about 780’ south of the north property line (W 31st Street right-of-way). A 15’ utility easement is located behind the right-of-way along W 31st Street and along the east and south property lines.

 

A Utility and Pedestrian Easement which was recorded by separate instrument in 2002 is shown in the northwest corner of the property is being vacated with this plat.

 

An access easement will be required to provide the City Utilities Department unlimited access to the proposed pump station. The size and location of the pump station and easement will be determined at the design phase and will be shown on the final plat.  Fencing and lighting will be determined at the design phase and will be shown on the site plan as approved by the City Utilities Department. The City will own the land the pump station is own, so a transfer of ownership of the property will be required. The applicant has indicated they will include an agreement that the ownership would revert back when the pump station is abandoned.

 

Southern Star Gas indicated that they have an easement located on the property. The applicant must work with Southern Star to locate the easement and it must be shown on the final plat. If an encroachment agreement is necessary, the applicant must provide a copy to the planning office.  The applicant indicated they would relocate the stormwater and utility easements to accommodate the gas easement if necessary.

 

Floodplain

The area is not encumbered with floodplain, but the preliminary plat does show a small wetland. Section 404 of the Clean Water Act (CWA) requires that anyone placing dredged or fill materials into waters of the United States, including wetlands, must first obtain a permit from the U.S. Army Corps of Engineers (Corps). The Kansas Department of Health and Environment, Bureau of Water indicated there were no State statutes protecting wetlands. The applicant will need to contact the Corps for any necessary permit and provide the Planning Office with a copy of the permit, or with documentation showing that a permit is not needed.

 

Conformance

The northern portion of the subject property is located within the city limits, and the southern portion is located in Service Area 1 of the Urban Growth Area and is contiguous to the City limits on two sides. The proposed Lots meets the minimum lot size (6000 SF), and lot width and frontage (60 feet) required for the RM15 Zoning District. The UR District does not have lot dimension requirements, as the property will be rezoned with future development.

 

The preliminary plat, as conditioned, conforms with the Subdivision Regulations, Lot Density and Dimension Requirements of the Development Code, and Horizon 2020 recommendations and policies regarding growth and development in the Urban Growth Area, and Residential and Commercial Land Uses within the City.