PLANNING COMMISSION REPORT SUMMARY

 

REGULAR AGENDA - NON-PUBLIC HEARING ITEM

PC Staff Report

5/23/07

ITEM NO. 8A:         ANNEXATION OF 536.88 ACRES; N 1175 RD & E 1600 RD (MKM)

 

SUMMARY

A-04-02-07:  Annexation of approximately 536.88 acres located at N 1175 Road & E 1600 Road. Submitted by Bartlett & West Engineers, for the City of Lawrence, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of the requested annexation of approximately 536.88 acres located near the intersection of N 1175 Road and E 1600 Road and forwarding it to the City Commission with a recommendation for approval based on the findings found in the body of the staff report subject to the following conditions:

 

  1. Compensation be made to Rural Water District #4 for any rural water district facilities within the annexed area.

 

Applicant’s Reason for Request:

“The property will be used by the City of Lawrence for the future Wakarusa Water Reclamation Facility. The City is requesting annexation of the property so the City operated facility will be located within the City limits. In addition to this application, a rezoning application, a preliminary plat, and an Institutional Development Plan are being submitted.”

 

KEY POINTS

·         Request is for annexation of approximately 537 acres for development of a Water Reclamation Facility.

·         Subject property is located within Service Area 4 of the Urban Growth Area.

·         Request is accompanied by a rezoning application, a preliminary plat, and an Institutional Development Plan/Special Use Permit.

·         The proposed Utility plant will provide wastewater services needed for additional development within the City and surrounding areas.

 

COMPREHENSIVE PLAN CONSIDERATION

·         Extension of public facilities and services are required and can be provided to serve this property, which is located in Service Area 4 of the Urban Growth Area.

·         The proposal is compliant with the Comprehensive Plan.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

  • Rezoning Request [Z-04-04-07: A & V-C to GPI]; also being considered at this Planning Commission meeting.
  • Preliminary Plat [PP-04-04-07; Wakarusa Water Reclamation Facility Addition]; also being considered at this Planning Commission meeting.
  • Special Use Permit [SUP-04-04-07; Wakarusa Water Reclamation Facility] is the Institutional Development Plan; also being considered at this Planning Commission meeting.
  • Board of County Commissioners finding that the annexation will not hinder the orderly growth and development of the community.
  • City Commission acceptance of annexation and publication of ordinance.
  • City Commission acceptance of dedication of rights-of-way and easements as shown in the preliminary plat.
  • Submittal, administrative approval and recording of a Final Plat.
  • Submission of Public Improvement Plans to City Public Works Department and Utilities Department prior to recordation of the final plat.
  • Submittal and administrative approval of site plan, in accordance with SUP, for development of each phase.
  • Purchase of easements to provide the corridor for extension of sanitary sewer lines serving the facility.
  • Determination of ‘dedicated truck route’ to serve the facility through construction and operation. Co-ordination between City/County Staff regarding suitable route and needed improvements.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No public comment was received in the Planning Office prior to printing this report.

 

GENERAL INFORMATION

Current Zoning and Land Use:

V-C (Valley Channel) and A (Agricultural) Districts and Floodplain Overlay District; Agricultural uses, and wooded stream corridors.

 

Surrounding Zoning and Land Use:

To the west:  A (Agricultural) and V-C (Valley Channel) Districts and Floodplain Overlay District; Agricultural uses and scattered rural residences.

 

To the south: A (Agricultural) District and V-C (Valley Channel) District and Floodplain Overlay District; Agricultural uses and scattered rural residences.

 

To the east: A (Agricultural) District and Floodplain Overlay District; Agricultural uses, wooded areas and scattered rural residences.

 

To the north: V-C (Valley Channel) District and Floodplain Overlay District; Wakarusa River and agricultural uses. Property to the north is within the floodplain overlay district.

 

Site Summary

Gross Area:

Gross Area being requested for annexation:

536.88 acres

536.88 acres

 

Subject property is located within Service Area 4 as defined in Horizon 2020.

 

STAFF REVIEW

 

Annexation Procedure and General Location:

The site is approximately 1 mile south of the city limits and is generally described as being northeast of the intersection of E 1600 and N 1175 Road, which are local roads. The property is bounded on the north by the Wakarusa River, and to the east by Coal Creek.

 

City and County Staff are working together to determine an appropriate truck route to this facility. One access option being considered is E 1500 Rd (which is the continuation of Haskell Avenue outside the City Limits) from the north. Another option being considered is E 1600 Road from the south to either N 1100 Road or N 1000 Road which would provide access to Hwy 59. City and County Staff are working to determine a dedicated truck route suitable for heavy truck traffic.  Access options are available to serve this facility, but the dedicated truck route will be determined at a later time by City/County Staff.

 

Lawrence City policy requires the Lawrence-Douglas County Metropolitan Planning Commission to review all annexation requests in excess of ten acres. For island annexations, Kansas Law (K.S.A. 12-520c) requires annexation by ordinance of the City Commission following a finding by the Board of County Commissioners that the annexation will not hinder the orderly growth and development of the community.  The Board of County Commissioners must approve this request before the City Commission can consider it. Upon annexation, the property is required to be rezoned to a compatible city classification.  A related rezoning request has also been submitted for GPI, a General Public Institution Zoning District which is suitable for public utility facilities.

 

Site Characteristics:                                                       

The subject property is bordered on the north by the Wakarusa River and along the east by Coal Creek.  The property is located within the floodplain and floodway of the Wakarusa River and Coal Creek. The property is relatively flat and has been used for agricultural purposes.  Wakarusa River and Coal Creek are buffered by forested lands, and there is a small wooded area in the southeast portion of the property; the remainder of the site is grass or cropland.

 

Infrastructure and Utility Extension:

The subject property will serve as a utility service facility, the Wakarusa Water Reclamation Facility.  Water lines are currently located along E 1500 Road to tie into the Baldwin City Water Main at N 1100 Road. The Utilities Department has projects in the Capital Improvement Plan to extend water services south of the Wakarusa. While there are several options being considered for the extension of water to the site, the final determination will occur during the Design/Build phase.

 

Sanitary Sewer will flow to the facility through mains which will be located along road rights-of-way or easements. Sanitary Sewer services for the facility needs will be completely internal.

 

Private Utilities: Electric, phone, and gas utilities will have to be extended to this property and easements will be provided with the plat.

 

Public Right-of-Way:  N 1175 and E 1600 Roads border a section of the property. The joint City/County Subdivision Regulations require that rural local roads have a minimum right-of-way of 70’ and that local city streets have a minimum right-of-way of 60’. These existing roads have inadequate rights-of-way of approximately 40’ and 60’ respectively. The additional right-of-way for these local roads will be dedicated through the platting process. No new roads are required to be constructed to accommodate the proposed development; however existing roads may need to be reconstructed to accommodate the expected traffic loads during construction. City and County Staff are working to identify dedicated truck routes to the facility and to determine the amount of roadwork that will be necessary for the routes to function properly. 

 

COMPREHENSIVE PLAN:

 

The focus of this discussion will be the overall annexation as it relates to growth management and community facilities such as utilities. The subject property is located within Service Area 4 of the Urban Growth Area as shown in Map 3-1 of Horizon 2020.  This area is anticipated for development in the future, coincident with the improvements, construction and extension of major utilities and streets.

 

Several goals and policies are provided in Horizon 2020 related to development timing and are found in Chapter 4, Growth Management. Growth management is defined as the primary tool for ensuring timely and orderly growth. This tool includes specific annexation policies and the establishment of an Urban Growth Area and service delivery areas for the purpose of extending municipal utilities. “The growth management policies seek to ensure that adequate facilities and services are provided or assured in connection with development.” (Horizon 2020, page 4-1) .  The intent of the Growth Management recommendations is to insure that infrastructure and utility service is available to development and to coordinate development with the timing of improvements. This project is consistent with adopted Wastewater Master Plan which was the basis for the expansion of the Urban Growth Area south of the Wakarusa River in 2004.

 

The City of Lawrence Administrative Annexation Policy (AP-74) requires that the costs associated with compensation to a Rural Water District be made by the applicant for Rural Water District facilities serving the property to be annexed. The Rural Water Districts Map shows this area as being served by RWD#4.

 

The Annexation Policies listed on page 4-3 of Horizon 2020 states that Lawrence will actively seek voluntary annexation of land within the UGA as development is proposed and annexation shall be required to develop land which is contiguous to the corporate limits of the city.  This annexation request is covered under the Community Facilities Chapter of Horizon 2020 since it is not a ‘development’ per se, but an extension of public utility services to accommodate orderly growth in the future.

 

Page 4-4 of Horizon 2020 discusses Service Area 4 and recommends the following uses for lands that are encumbered with floodplain: agricultural uses, open space, public or private utilities and recreational uses such as trails and athletic fields. The subject property is encumbered with floodplain. The annexation request is consistent with the Growth Management Policies found in Horizon 2020.

 

The Community Facilities Chapter (page 10-11) of Horizon 2020 includes the following strategies:

·         that 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, and 

·         Adoption and implementation of a utility extension policy for Lawrence will guide the sequencing of appropriate future development areas within the UGA. (page 10-11)

·         Wherever possible, the location of new major utility corridors should be preplanned to ensure land use compatibility and minimal disruption to existing development areas.

·         Community Facilities Policy 2.4: Utilize locational criteria for Utility Structures recommends that utility location and design be such that impact on adjacent properties is minimized and that public uses that are potential nuisances should be buffered by screening, distance and/or landscaping.

 

This project meets these requirements in that utility improvements are being proposed that will provide a high level of service. The utility corridor which will house the sanitary sewer mains is being planned along the road rights-of-way as much as possible and the easements which must be purchased are being planned so they will disrupt existing development as little as possible. The proposed Water Reclamation Facility site is isolated from other development and is bordered on two sides by waterways with wooded corridors.  The distance from other development, plus the wooded waterways will allow the facility to minimize any negative externalities or impacts on development in the area. The site is large enough that there will also be open space on site to mitigate any negative impacts.  The proposal complies with Horizon 2020 recommendations for Communities Facilities.

 

Design and land use criteria are considered and discussed in the related rezoning, preliminary plat and special use permit staff reports.  

 

SUMMARY OF LAND USE AND REQUEST:

 

The subject property is in agricultural production and is currently zoned Valley Channel and Agricultural. Agricultural land uses, which include farm residences, are permitted in these districts. Surrounding property is zoned for Valley Channel and Agricultural Districts with agriculture and rural residences being the primary land uses in the area. The proposed land use is for the Wakarusa Water Reclamation Facility, a community facility/major utility.  A request to rezone the property from A and V-C to GPI (General Public and Institutional) has been submitted for this property and is being considered by the Planning Commission at their May meeting. The General Public and Institutional District is a new district created with the 2006 Development Code to include public facilities. Uses permitted in this district include schools, recreation centers, civic buildings, and utilities.

 

The subject property is located within the area anticipated for future urban growth (Service Area 4 of the UGA). Horizon 2020 recommends that adequate facilities and services be provided or assured in connection with development. This land use proposal was based on recommendations from the City of Lawrence Wastewater Master Plan and will provide the facility and service to accommodate future development in the area as it is incorporated and the City of Lawrence.