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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item: |
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PC Staff Report 08/29/07 |
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ITEM NO. 5: SPECIAL USE PERMIT; KU BOATHOUSE (PGP)
SUP-07-06-07: Special Use Permit for Active Recreation within an Open Space Zoning District; construction of the University of Kansas crew’s boathouse, located within Lawrence’s Burcham Park (adjacent to the Kansas River) accessed from 2nd & Indiana. Submitted by Landplan Engineering for the University of Kansas, the City of Lawrence is the property owner of record. |
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STAFF RECOMMENDATION: Planning Staff recommends approval of a Special Use Permit for the construction and use of a new KU Crew Boathouse Facility (active recreation within an Open Space Zoning District) adjacent to the Kansas River at Burcham Park, and forwarding of the SUP to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:
1. Execution of a development agreement between the City of Lawrence and the University of Kansas. 2. Completion of conditions of approval from the Historic Resources Commission and Board of Zoning Appeals. 3. Publication of a Special Use Permit ordinance per Section 20-1306 (j). |
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Applicant’s Reason for Request: |
Construction of the K.U. Boathouse to replace the existing crew storage lot within Burcham Park. |
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KEY POINTS · The K.U. Crew boats are currently stored within a chain-link fenced area of Burcham Park. · The SUP for Active Recreation in an Open Space Zoning District is required for the expansion of the existing legal non-conforming use of the K.U. Crew Boat Facility.
FACTORS TO CONSIDER · Section 20-1306(i) 7 factors which decision makers shall consider in reviewing and making decisions on proposed Special Use Permits (contained in body of this report).
ASSOCIATED CASES/OTHER ACTION REQUIRED · On June 21, 2007, the Historic Resource Commission conditionally approved the project [DR-05-69-07]. · On August 2, 2007, the Board of Zoning Appeals conditionally approved variances for the location of the Boathouse within the Floodway and not requiring curb and gutters around the parking lot [B-06-07-07]. · Approval of a Flood Plain Development Permit submitted by the applicant [FP-07-08-07]. · SUP Recommendation of the Planning Commission [SUP-07-06-07]. · SUP Action by the City Commission [SUP-07-06-07]. · Publication of a SUP Ordinance per Section 20-1306(j). · Obtain a building permit.
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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Current Zoning and Land Use:
Surrounding Zoning and Land Use
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OS (Open Space) District; Existing Burcham Park, containing: a parking lot; picnic shelter; KU Crew open boat storage within a chain-link fence; KU Crew boat dock, Municipal water wells and water intakes from the Kansas River.
Kansas River to the north and east.
OS (Open Space) District to the west and south; Existing Burcham Park.
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PROJECT DESCRIPTION
The University of Kansas is proposing to construct a new crew boathouse facility in Burcham Park. The location is just north of the existing crew boat open storage area (currently enclosed by a chain-link fence.)
The boathouse will be 2 stories tall. The building footprint is 8,268 square feet (approximately 81’ x 102’) and will be built with poured in place concrete walls, floors and structure with concrete pier supports extending to bedrock.
The building includes boat storage, offices, locker rooms, work-out spaces and event/meeting areas. The first floor is designed for pass-thru flooding and will only be used for boat storage. The second floor is 16’ higher than the first floor and contains the remainder of the facility.
Attached to this report are communications regarding the details of the proposed boathouse from Warren Corman, University Architect; Andrew Pitts, Treanor Architects; and T. Jeffrey Martin, Landplan Engineering. Technical review from the City’s Stormwater Engineer, Matt Bond, is attached indicating additional technical information which will be submitted prior to approval of the local Floodplain Development Permit.
This specific location is critical for the boathouse as this stretch of the Kansas River has smooth water, which makes for improved conditions for rowing and crew races. It is at the back water pool above the Bowersock Mills & Power Company Dam. KU’s existing boat dock is also at this location.
The City has ownership of the surrounding area along the floodplain of the Kansas River. This specific 19 acre parcel is part of the larger Burcham Park and the 70+ acres that the City has along the west side of the Kansas River.
BOARD OF ZONING APPEALS APPROVAL
On August 2, 2007, the Board of Zoning Appeals approved variances to eliminate the requirement for curb and gutter around the perimeter of the parking lot and a variance for the location of KU’s Boathouse within the regulatory floodway; subject to the following conditions:
1) The proposed boathouse be designed and constructed to floodproof the building per FEMA’s floodproofing requirements;
2) The proposed boathouse be designed and constructed to withstand the velocity and pressure of locating within the floodway of the Kansas River;
3) The proposed boathouse be designed and constructed to allow for easier clean-up and recovery after a flood event;
4) A method be devised so persons at the facility would be aware when the river is rising and that they are required to vacate the area to higher ground;
5) A Special Use Permit be obtained for the location of Active Recreation within the Open Space Zoning District from the City of Lawrence; and
6) Approval of a local (and if required, State) Floodplain Development Permit.
SEVEN FACTORS WHICH DECISION MAKERS SHALL CONSIDER IN REVIEWING AND MAKING DECISIONS ON PROPOSED SPECIAL USE PERMITS (SECTION 20-1306(i)).
1. WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE
Applicant’s Response: “This use in the park complies with the development code.”
Chapter 9 of Horizon 2020 generally identifies that floodplain areas should be preserved as open space and should remain in their natural state. Specifically, Policy 3.1 e. “Encourages open space uses in the community’s privately or publicly owned floodplains and drainageways. Such uses could be for playfields, trails, passive recreation, greenbelts/greenways, wildlife habitat, agriculture, or similar uses compatible with intermittent flooding and the ecological functioning of these areas.”
The property is zoned Open Space. The proposed KU Boathouse Facility is considered to be Active Recreation and a Special Use Permit for the facility will need to be approved by the City Commission (with a recommendation from the Planning Commission).
A Special Use Permit is required for Active Recreation within the Open Space Zoning District. Section 20-1755 defines Active Recreation as: “Areas and facilities used or designed for active or group sports and recreational activities, including spectator areas associated with such facilities. Such areas include but are not limited to: (i) athletic fields and courts, playgrounds and play apparatus; (ii) skating rinks and swimming pools, (iii) boat docks and launches, (iv) zoos, (v) community recreation buildings, including but not limited to meeting rooms, class or lecture rooms, band shelters or gazebos, and gymnasiums, and (vi) structures accessory to community recreation uses, such as public restrooms, refreshment stands, concession shops selling sporting goods, and miniature golf.”
A 100 year flood event would be at an elevation of approximately 7’ above the first floor. This area has been under water, most recently with the flooding that occurred in May 2007. The proposed facility would be constructed to allow for the flow-thru of water in the lower level in times of a flood event. Flood vents will be installed per FEMA’s guidelines and comply with Federal, State and local flood storage capacity requirements. The proposed extension of public utilities in the floodway will also be floodproofed.
Staff Finding – The proposed use, subject to the conditions of approvals, will be consistent with applicable provisions of the development code.
2. WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS
Applicant’s Response, “The proposed use of the boathouse is a very compatible use for the park and surrounding uses. The park is now being used for this activity along with the other activities with the river access and existing dock.”
On August 2, 2007, the Historic Resources Commission reviewed and approved the project subject to the following conditions:
1) Applicant work with the Architectural Review Committee to finalize size, scale, massing and material for the project.
2) Any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work.
3) Complete construction documents will be submitted and approved by the Architectural Review Committee prior to the issuance of a Building Permit.
4) The applicant sufficiently complete any processes required by the Director of Planning, as well as obtain any necessary variances from the Board of Zoning Appeals; Approval of this application by HRC does not guarantee the approval of the associated plan or any required variances.
Staff Finding – Approval of the Special Use Permit does not alter the base zoning district. The proposed use is an expansion of an existing use and is located in a fairly secluded area of Burcham Park and would be compatible with other uses of Burcham Park, the Kansas River and nearby residential areas.
3. WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED
Applicant’s Response, “This use will not substantially diminish the value of the property in the area or surrounding areas.
Staff Finding – In staff’s opinion, the proposed KU Boathouse Facility will not lower the value of property in the neighborhood or surrounding areas. The facility is not visible from residential neighborhoods and the direct distance to the nearest house is greater than ½ a mile.
4. WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTILITY FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT
Staff Finding - Municipal water and sewer mains will be extended to this property as part of KU’s Boathouse development. The water, sewer, and electrical services are proposed to be designed and constructed for floodproofing within a floodway.
5. WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED
The lease agreement between the KU Athletic Department and the City will indicate that the Athletic Department will be responsible for maintenance and clean-up of any flood-related damages to the building or park area near the boathouse. The proposed facility should be designed to mitigate the loss of property on the ground floor and to facilitate the necessary cleanup after a flood event (such as placement of large water hose connectors for flushing out the resulting mud).
Staff Finding – A Development Agreement between the City and KU will provide the assurances on the continuing maintenance of the KU Boathouse Facility.
6. WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT
Applicant’s Response, “This proposed use will not cause an adverse impact on the natural environment within the park area. The site was reviewed by Kansas Department of Wildlife & Parks and they stated there was no critical habitat that occurs in this portion of the river.”
Staff Finding – The Boathouse will be located within Burcham Park. There will be some impact upon the surrounding trees in the immediate vicinity of the structure and paths. The location is adjacent to a mature stand of cottonwood trees. The City’s Parks and Recreation is requesting that the applicant conduct a tree survey of the existing condition of the trees. Appropriate mitigation to limit impacts to the trees will need to be provided, and some of the trees may need to be trimmed or possibly replaced to lessen the potential for large branches falling on the building or on persons using this area.
7. WHETHER IT IS APPROPPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PERMIT AND, IF SO WHAT THAT TIME PERIOD SHOULD BE.
Staff Finding – A Special Use Permit may be returned to the governing body and revoked if found to be noncompliant. The construction of the KU Boathouse within the floodway will be a rather large project. It would not be appropriate to place a time limit on the period of the KU Boathouse use. The Development Agreement between the City and KU will include a provision on the removal of the Boathouse by KU when it is no longer used.