PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

 

 

PC Staff Report

05/23/07

 

ITEM NO. 8C:      SPECIAL USE PERMIT FOR THE CITY WATER RECLAMATION FACILITY; N 1175 RD & E 1600 RD (MKM)

 

SUP-04-04-07:   Special Use Permit for the City of Lawrence Water Reclamation Facility, located at N 1175 Road & E 1600 Road. Submitted by Bartlett & West Engineers, for the City of Lawrence, property owner of record.

 

 

 

STAFF RECOMMENDATION:     Planning Staff recommends approval of SUP-04-04-07, a Special Use Permit for the construction of a Water Reclamation Facility near the intersection of N 1175 Rd and E 1600 Rd and forwarding of it 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.      Provision of a revised Institutional Development Plan with the following changes:

a.        The title must be changed to ‘Institutional Development Plan’.

b.        Boundaries of significant stands of mature trees must be shown. If they are to be removed this must be noted on the plan.

c.         A riparian corridor must also be shown along Coal Creek. The existing trees may extend beyond the corridor. The corridor should not be less than 75’ which is the bufferyard required for a GPI District.

d.        A 75’ bufferyard must be shown on the sides of the property which do not have the riparian corridor.

e.        The floodplain and floodway must be delineated on the plan.

f.          Either dimensions should be provided which would indicate the distance from the plant to the property lines along N 1175 Road and E 1600 Road, or a note added to the plat which estimates the distance the plant will be from the property line.

 

Applicant’s Reason for Request:

“Per the City of Lawrence Development Code, any development of more than 10 acres within a GPI Zoning District requires a Special Use Permit. The site will be used for the City of Lawrence’s new Water Reclamation Facility.”

 

KEY POINTS

·         The City Wastewater Master Plan indicated the need for a 2nd treatment plant and recommended locating the plant south of the Wakarusa River.

·         The purpose of an Institutional Development Plan is to provide a community vision for the long-term use and development of public institutional space and lands so they are designed to be compatible with surrounding land uses and contribute to the neighborhood and character of the area in which they are located.

·         Site plans will be submitted for each phase of the project. Site plans which are consistent with the Institutional Development Plan may be administratively approved.

 

 

GOLDEN FACTORS TO CONSIDER

Zoning and uses of property nearby

 

The subject property is approximately 536.88 acres that is currently zoned for V-C (Valley Channel) and A (Agricultural) land uses. A rezoning request [Z-04-04-07] to GPI is being considered by the Planning Commission at this meeting to allow the development of a water reclamation facility. The subject property consists primarily of agricultural fields and grasslands with wooded buffers existing along the Wakarusa River and Coal Creek and a wooded area in the southeast corner. The majority of the property is encumbered by floodplain.

 

The surrounding property is zoned A (Agricultural) District and V-C (Valley Channel) District. The V-C Zoning District extends southward along the Coal Creek waterway to N 1100 Road.  The surrounding land is used primarily for agricultural purposes and there are scattered rural residences in the area. The property to the north and south are also encumbered with floodplain.

 

Character of the area

This is a relatively isolated area. The Wakarusa River and Coal Creek border the property on the north and east and the wooded areas along these waterways buffer the property from lands to the north and east. Much of the area is located within the floodplain. There are only 2 roads accessing the property, N 1175 and E 1600 Roads.  The surrounding area is agricultural land with wooded areas and rural residences.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

Applications being considered at the May Planning Commission:

·       Annexation request [A-04-02-07]

·       Rezoning request [Z-04-04-07] from A and V-C to GPI

·       Preliminary Plat [PP-04-04-07]

·         County Commission finding that the annexation will not hinder the orderly growth and development of the community.

·         City Commission approval of annexation and rezoning.

·         City Commission acceptance of easements and road right-of-ways as shown on the preliminary plat.

·         Final Plat submitted to Planning Office for administrative approval and recordation at the Douglas County Register of Deeds.

·         Submittal of Public Improvement Plans to Public Works Department prior to the recording of the final plat.

·         Publication of annexation and rezoning ordinances.

·         Submittal and administrative review of site plan and floodplain development permit for each phase of the development, in conformance with the SUP.

·         NPDES permit from the Kansas Department of Health and Environment.

·         Dedicated truck route selected by County and City Staff.

·         Easements purchased for the laying of the sanitary sewer line, where it is not possible to locate within the road right-of-way.

·         Minimum Road designation for N 1175 and E 1600 Roads reversed if they are utilized for access.

 

 

GENERAL INFORMATION

Current Zoning and Land Use:         

 

V-C (Valley Channel) and A (Agricultural) Districts and Floodplain Overlay District; Agricultural uses and wooded waterway 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. There is a narrow strip of floodplain located along the east of Coal Creek.

 

To the north: V-C (Valley Channel) District and Floodplain Overlay District; Wakarusa River and agricultural uses. This area is located within the floodplain.

Site Summary

 

Lot 1:

 

536.88 acres

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No comment on this item at this time.

 

 

Review and Decision-Making Criteria (20-1306(i))

 

1.         WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE

 

Applicant’s response: “The granting of this special use permit application in no way opposes the general spirit of the Zoning Ordinance, subdivision Regulations, or new City of Lawrence Land Development Code.”

 

The Development Code requires sites in the GPI District to submit an Institutional Development Plan to provide a vision of the long-term use and development of public institutional lands. The City selected a site of over 500 acres to allow adequate open space to buffer the use from neighboring properties and to allow room for any plant expansion which may be necessary to accommodate future growth. Section 20-1307(c)(2) requires an Institutional Development Plan for sites greater than 10 acres to be approved by a Special Use Permit, which provides for a public hearing for the item. The proposed use complies with all applicable provisions of the Development Code. The Code indicates that uses in the GPI District should be located along collector or arterial roads. This is appropriate for most of the permitted uses in the GPI District, such as recreation centers, schools, and public buildings, but is not appropriate for this particular use. A water reclamation facility will not have the public use that other uses in the GPI District have so access to a collector or arterial road is not necessary. It would be more appropriate for a water reclamation facility to be isolated from other development to minimize any potential negative externalities that may be associated with the plant. For these reasons it has been determined that it would not be appropriate to require the plant to locate on a collector or arterial road.

 

Staff Finding – The proposed use is 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 public facility is compatible with adjacent uses, which are primarily agricultural. The design of the water reclamation facility will allow for significant buffers surrounding the operating facility. Therefore, impacts to adjacent owners will be minimal.”

 

The selected property is located in Service Area 4 of the Urban Growth Area. It is bounded on the north and east by the Wakarusa River and Coal Creek. Currently the uses surrounding the property are agricultural. The proposed use is not a use that would typically be compatible with residential development. The selection of an isolated site and the inclusion of adequate land area to allow on-site buffering of the use will allow it to be compatible with the adjacent uses currently in place and also with development in the future.

 

Staff Finding – The proposed use, as planned, is compatible with adjacent land uses.

 

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:  “The proposed use will not cause a diminution in value of the surrounding properties. In fact, property values are likely to rise due to the potential development that may occur on these properties with the construction of the water reclamation facility.”

 

The surrounding areas are agricultural lands, with scattered rural residences. The large size of the site and its relative isolation from other development should minimize its impact on surrounding properties. The roads used for access to the site will be improved to standards that will accommodate the seasonal heavy truck traffic.

 

Staff Finding – The location of the plant should provide adequate buffering to minimize any negative impacts on the neighborhood.  No diminution of property values is anticipated.

 

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

 

This area is not contiguous to other City properties so City utilities do not currently exist in this area. The subject property is being developed to provide utility services for future development and to increase capacity for the City of Lawrence. The extension of water lines to the plant will be determined during the design phase of the project. Sanitary sewer mains are being planned to direct flow to the facility. City and County Staff will select a truck route that can accommodate the expected truck traffic. The responsibility for the maintenance and any necessary reconstruction of these roads will be determined by City/County Staff.

 

Staff Finding – The subject property will provide wastewater utility facilities for the surrounding area when it is incorporated and the City of Lawrence. City water will be available to the surrounding areas as they annex, as water lines will be extended to serve the facility. Adequate services will be available to serve the subject property and services will become available to surrounding development. There should be no impact on the current utility services to existing development in the area.

 

5.        WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED

 

Staff Finding – This is a phased project and site plans will be required for each phase. The site plan will function as the enforcement document to assure that maintenance and use of the property is consistent with the approval.

 

6.       WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT

 

Applicant’s response:  “The proposed use will not adversely impact the natural environment. The Kansas Department of Health & Environment will regulate the construction and effluent of the facility to ensure that the surrounding environment is not adversely impacted.”

 

The proposed use has the potential for adverse environmental impacts and it is located within the floodplain. A NPDES (National Pollution Discharge Elimination System) Permit must be approved by the Kansas Department of Health and Environment. There are a number of other regulatory/permitting agencies which will be involved with this project. The City  will utilize a independently certified  Environmental Management System in conformance with ISO 14001 elements to establish appropriate environmental controls and meet all regulatory requirements for this project and the subsequent operations of these facilities. This is required under City Policy #101 as approved by the City Commission on May 16, 2006.

 

Staff Finding – The proposed use, with the protection measures required by Federal, State and Local governments, should not cause significant adverse impacts on the natural environment.

 

7.        WHETHER IT IS APPROPRIATE 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 – The proposed use is a major utility which is being planned to serve future development in the area as it is incorporated and within the City of Lawrence.  Because of the nature and magnitude of the project it would not be appropriate to place a time limit on the proposed use.

 

SITE PLAN/STAFF REVIEW

 

The subject property is located east of E 1550 Road and north of N 1100 Road, to the south of the Wakarusa River and the west of Coal Creek. Approximately 536.88 acres are included in this project, which is to be phased. The proposal is to locate a water reclamation plant east of the E 1600 and N1750 Road intersection. Future expansion of the plant will occur to the north and east of this plant. The Institutional Development Plan is a conceptual master plan of the project which allows the community to vision the future development of the project. For this reason the Institutional Development Plan does not contain the level of detail which will be provided at the site planning stage. However, there are a few features which should be included on the Institutional Development Plan.

 

A wide buffer of open space is planned for the periphery of the site, to serve as a buffer. The property to the west of the proposed plant will remain in agricultural uses.  The plan notes a 200’ riparian buffer along the Wakarusa River and must also note a buffer along Coal Creek. Boundaries of significant stands of mature trees must be shown and if they are to be removed with the development, this should be noted on the plan. A 75’ bufferyard is required on all sides of a GPI District per Section 20-1307(2) of the Development Code. The riparian corridor along Coal Creek would constitute the bufferyard and should be shown on the plan. Where there is not a riparian corridor shown, the 75’ bufferyard should be shown on the plan. Either dimensions should be provided which would indicate the distance from the plant to the property lines along N 1175 Road and E 1600 Road, or a note added to the plat which estimates the distance the plant will be from the property line. The waterways should be differentiated from the property lines by a different weighted line, hatch marks or other graphic. This is the Institutional Development Plan for the project, which may be revised as changes occur. There is no preliminary and final Institutional Development Plans, so the word ‘preliminary’ must be removed from the title of the plan