PLANNING COMMISSION REPORT

Regular Agenda – Non-Public Hearing Item

PC Staff Report

8/29/07

ITEM NO. 6A:         ANNEXATION OF .952 ACRES; NE CORNER OF E 1700 & N 1300 ROADS (MKM)

 

SUMMARY

A-07-06-07:  Annexation of approximately .952 acres, located near the NE corner of the intersection of E 1700 & N 1300 Roads. Submitted by Peridian Group, Inc, for the City of Lawrence, property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of the requested annexation of approximately .952 acres located near the intersection of E 1700 & N 1300 Roads and forwarding it to the Board of County Commissioners for a finding that the annexation won’t hinder the orderly growth and development of the community and to the City Commission with a recommendation for approval based on the findings found in the body of the staff report.

 

Applicant’s Reason for Request:

“It is the City of Lawrence’s property to build a sanitary sewer pump station”

 

KEY POINTS

·         Request is for annexation of approximately .952 acres for construction of a pump station, which is a ‘minor utility’.

·         Subject property is located within Service Area 1 of the Urban Growth Area, so annexation is required for any development.

·         Request is accompanied by a rezoning application, a preliminary plat, and a Special Use Permit.

·         The .952 acre subject property is part of a 38.9 parcel which is owned by the City and designated as future parkland.

 

COMPREHENSIVE PLAN CONSIDERATION

·         Some extension of public facilities and services are required for the proposed unmanned pump station and can be provided to serve this property, which is located in Service Area 1 of the Urban Growth Area.

·         The proposal is compliant with the Comprehensive Plan.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

  • Rezoning request [Z-07-14-07] from A [Agricultural] to OS [Open Space] is being considered at the August Planning Commission meeting.
  • Preliminary Plat [07-08-07] SE Lawrence Benefit District No 1; is also being considered at the August Planning Commission meeting.
  • Special Use Permit will be considered at the September Planning Commission meeting.
  • Board of County Commissioner’s finding that the annexation will not hinder the orderly growth and development of the community, as this is an island annexation.
  • City Commission acceptance of annexation and publication of ordinance.

 

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:

A (Agricultural); the property has been purchased by the City for future parkland and is currently in agricultural uses.

 

Surrounding Zoning and Land Use:

To the west:  A (Agricultural) Agricultural uses and rural residence.

 

To the south: A (Agricultural) District; Agricultural uses.

 

To the east: A (Agricultural) District; Agricultural uses. East of the City owned property is a top-soil removal and construction material recycling operation which is permitted with a Conditional Use Permit [CUP-1-2-98].

 

To the north: A (Agricultural) District; Agricultural uses and large lot rural residences.

 

Site Summary

Gross Area:

Gross Area being requested for annexation:

 

38.96 acres

.952 acres

 

Subject property is located within Service Area 1 of the Urban Growth Area as defined in Horizon 2020.

 

STAFF REVIEW

 

Annexation Procedure and General Location:

The site is a little less than a mile south of the city limits and is generally described as being northeast of the intersection of E 1700 and N 1300 Roads. E 1700 is classified as a major collector and N 1300 is classified as a principal arterial on the Major Thoroughfares Map. The site is adjacent to and proposes to take access from E 1700 Road. The .952 acres being requested for annexation is part of a larger parcel owned by the City of Lawrence which is planned as future parkland.

 

Lawrence City policy requires the Lawrence-Douglas County Metropolitan Planning Commission to review all annexation requests in excess of ten acres. This annexation request is not in excess of ten acres, but is being brought before the Planning Commission with the other related items for this proposal. 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 been submitted for this property from A (Agricultural) to OS (Open Space) District. Minor utilities are permitted uses in the Open Space District with either a site plan or a Special Use Permit, depending on the scope of the utility.

 

Site Characteristics:                                                       

The subject property is adjacent to E 1700 Road and lies north of a wooded stream.  The terrain is fairly level and the property is currently used as a hay field and grass land.

 

Infrastructure and Utility Extension:

The subject property will be developed with a pump station which will serve as a utility service facility.  This will be an unmanned station which will not require the extension of sanitary sewer lines. The City Utilities Engineer indicated that a City water main will be extended to the pump station as part of the benefit district. Due to the limited ability to loop the line, very small demand at the pump station and uncertainty of the future alignment, cross-section and profile of an improved E1700 Road, this line is not being designed and installed to City distribution system standards. The extension of water service to the pump station site is only for use at the pump station. Future development in the area will be required to extend distribution system water mains at the time of development.

 

Private Utilities: Private utilities may be extended to this property and any needed easements will be provided with the plat.

 

Public Right-of-Way:  E 1700 Road is a major collector. The joint City/County Subdivision Regulations require that major collectors, whether in the City or in the unincorporated portions of the County, have a minimum right-of-way of 80 feet. The additional right-of-way needed for E 1700 Road will be dedicated with the preliminary plat.

 

COMPREHENSIVE PLAN:

 

The focus of this discussion will be the overall annexation as it relates to growth management and community facilities such as utilities.  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.

 

The subject property is located within Service Area 1 of the Urban Growth Area as shown in Map 3-1 of Horizon 2020.  This area includes lands which are proximate to the existing city limits and can be readily served by community facilities and services.

 

This project is consistent with the adopted 2003 Wastewater Master Plan. This facility is shown on Figure IV-1 Relief Improvements Map of the Wastewater Master Plan as EL2PS1 in approximately the proposed location.

 

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. This area is not served by a Rural Water District, so no compensation is necessary.

 

The Annexation Policies listed on page 4-5 of Horizon 2020 states that annexation shall be required prior to development in Service Area 1 of the Lawrence Urban Growth Area.  This annexation request is also considered under the Community Facilities Chapter of Horizon 2020 since it is an extension of public utility services to accommodate orderly growth.

 

Community Facilities Policy 2.4: Utilize locational Criteria for Utility Structures (page 10-17 Horizon 2020) 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.  The proposed site is surrounded on the north, east and south sides by future City parkland. The impact on properties adjacent to the parkland is minimized by the distancing of the pump station. During the site planning process, adequate buffering and screening must be provided to minimize the utility’s impact on the surrounding park area as well as E 1700 Road and the lands to the west.

 

More specific land use criteria is considered and discussed in the related rezoning and preliminary plat.  

 

SUMMARY OF LAND USE AND REQUEST:

 

The subject property is grassland and is currently zoned Agricultural. Agricultural land uses, which include farm residences, are permitted in these districts. The surrounding property is zoned Agricultural with agriculture and rural residences being the primary land uses. The proposed land use is for a pump station which is a minor utility.  A request to rezone the property from A to OS (Open Space) has been submitted for this property and is being considered by the Planning Commission at their August meeting. The Open Space District is a new district created with the 2006 Development Code intended to preserve and enhance major open space and recreational areas by protecting the natural amenities they possess. Uses permitted in this district include cemeteries, minor utilities, passive or private recreation and nature preserve. 

 

The subject property is located within the area anticipated for future urban growth (Service Area 1 of the UGA). Horizon 2020 recommends that lands in Service Area 1 be annexed prior to development. This land use proposal was based on recommendations from the City of Lawrence 2003 Wastewater Master Plan and will provide the facility and service to accommodate present and future development.