PLANNING COMMISSION REPORT

Consent Agenda –Non-Public Hearing Item

 

PC Staff Report

08/29/07

ITEM NO. 6C:

 

PRELIMINARY PLAT FOR SE LAWRENCE BENEFIT DISTRICT NO. 1; NE CORNER OF E 1700 & N 1300 ROADS (MKM)

PP-07-08-07:

 

Preliminary Plat for SE Lawrence Benefit District No. 1, a one-lot subdivision, located near the NE corner 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 variance to Section 21-810(d)(1)(v) of the Subdivision Regulations requiring annexation of the full right-of-way of all boundary line roads at the time of preliminary plat approval.

 

STAFF RECOMMENDATION: Staff recommends approval  of the Preliminary Plat of SE Lawrence Benefit District No. 1 and forwarding to City Commission for acceptance of easements and right-of-way subject to the following condition:

1.       E 1700 Road is a major collector which requires 80’ of right-of-way. One-half the road right-of-way must be dedicated with this plat. The plat must be revised to show that 40’ of road right-of-way (not road easement for right-of-way) is being dedicated with this preliminary plat.

 

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

 

KEY POINTS

·         The property lies outside the city limits in Service Area 1 of the Urban Growth Area, so annexation is required prior to development. An annexation application has been submitted.

·         The minor utility will be located on property owned by the City of Lawrence, which is designated as future parkland.

 

SUBDIVISION CITATIONS TO CONSIDER

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

·         A variance is being requested with this application from the requirement in Section 20-810(d)(1)(v) that the full right-of-way for all boundary line and full maintenance roads be annexed to the City at the time of preliminary plat approval.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

§         Board of County Commissioner’s finding that the island annexation will not hinder the orderly growth and development of the community and the approval of annexation by the City Commission. Publication of Annexation ordinance.

 

Zoning

·         Z-07-14-07 for .952 acres from A (Agricultural) District to OS (Open Space) District; which is being considered by the Planning Commission at its 08/29/07 meeting.

·         Approval of rezoning request by City Commission and publication of zoning ordinance.

Platting

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

·         Planning Director’s approval of the final plat and recordation of the final plat at the Douglas County Register of Deeds.

Development

·         Special Use Permit for the development of the pump station, a minor utility, will be placed on the September Planning Commission agenda and will require approval by the City Commission before being released for building permits.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None

 

GENERAL INFORMATION

 

 

Current Zoning and Land Use:

 

A (Agricultural) District for the; agricultural uses.

 

Surrounding Zoning and Land Use:

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

 

To the east: A (Agricultural) District; Agricultural uses on City owned property and a recycling operation for construction materials approved with a CUP [1-2-98] to the east of that.

 

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

 

To the west:  A (Agricultural) District; E 1700 Rd and agricultural uses with rural residence.

 

Site Summary

Number of Lots:

1

Gross Area:

.952 Acres

Lot Area:

Minimum Lot Width:

 

.925 acres

100’  

 

STAFF REVIEW

The subject property is located east of E 1700 Road north of the intersection of E 1700 and N 1300 Roads. The property lies in Service Area 1 of the Urban Growth Area; therefore annexation is required prior to development per Horizon 2020 recommendation (page 4-2). The property is part of a larger City-owned parcel designated as future parkland. Annexation and rezoning requests have been submitted with this preliminary plat.

 

The applicant has included features on the preliminary plat that are not necessary.  The applicant will remove the proposed lift station, the parking area, the bufferyard, and landscaping information.  The surrounding City of Lawrence property is shown with A Zoning. The property owner across E 1700 Road must be named as well, with the A Zoning shown.

 

The OS (Open Space) District does not have minimum lot dimensions, but does have minimum setback requirements and height restriction. The Special Use Permit site plan will need to show that these setbacks and height restrictions are being met.

 

Zoning and Land Use

The property is currently zoned A (Agricultural) District.  The property is surrounded by property zoned for agricultural uses and predominate land uses in the area are agricultural and scattered rural residences. A recycling operation was approved for the property located to the east of the City owned property with a Conditional Use Permit [CUP-1-2-98] in 1998.

 

The property is surrounded on the north, east and south by approximately 38 acres planned as future parkland, which will be rezoned to OS (Open Space) when it is annexed into the City. The applicant proposes the construction of an unmanned pump station to accommodate growth in the Southeastern Lawrence area. Annexation and rezoning will be necessary to accomplish this development, and these requests are being considered at the August Planning Commission meeting as well.

 

Streets and Access

The property is bounded on the west by E 1700 Road, a major collector, and access is proposed to be taken from E 1700 Road. 

 

Utilities and Infrastructure 

This will be an unmanned pump station, so minimum utilities will be required. The City Utilities Engineer indicated that a City watermain 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 watermains at the time of development.

 

Easements and Rights-of-way

E 1700 Road is designated as a major collector road on the Major Thoroughfares Map and 80’ of right-of-way is required, per Section 20-810(d)(4) of the joint City/County Subdivision Regulations.  The regulations require 80’ of right-of-way for a major collector located in the rural portions of the county as well as within City limits.  Right-of-way in the county is treated differently than right-of-way in the city. The County requires a permanent road easement for right-of-way which allows the property owner to maintain ownership of the property to the center line. The City requires the right-of-way be dedicated to the City, and the property ownership ends at the right-of-way line.  Right-of-way must be dedicated with this plat for ˝ of the right-of-way (40’) for E 1700 Road. If the variance from Section 20-813(f)(2) is granted, then ˝ of the required road right-of-way, 40’, must be dedicated with this preliminary plat.  If the variance is not granted the full 80’ of right-of-way would be needed. The City would need to acquire the right-of-way and annex and dedicate it through separate actions.

 

A blanket utility easement will be provided for this site, as it will consist primarily of utility infrastructure.

 

Variance

Section 20-813(f)(2) lists the following 3 criteria which must be met before a variance from the Subdivision Regulations can be granted by the Planning Commission:

 

1) Strict application of these regulations will create an unnecessary hardship upon the Subdivider.

The applicant proposes to build an unmanned pump station in this area. The selected location was recommended in the City’s 2003 Wastewater Master Plan. Since the property is located within Service Area 1, it must be annexed before it can be developed. The pump station will have only 100’ of road frontage. Providing the full right-of-way for this 100’ stretch of road would be an unnecessary hardship on the applicant, the City of Lawrence, as it would create a 100’ stretch of road which would need to be maintained by the City of Lawrence within a network of county or township roads.

 

2) The proposed variance is in harmony with the intended purpose of these regulations.

Section 20-810(d)(1)(v) requires that the entire right-of-way for a boundary road be annexed at the time of preliminary plat approval. The intent of the requirement is to provide for orderly growth by clarifying maintenance responsibility and providing for orderly development when adjacent properties develop. As this development borders only 100’ of E 1700 Road, which is not adjacent to any other road within the City, annexing the full right-of-way would not serve the intent of the Subdivision Regulations.

 

3) The public health, safety and welfare will be protected.

The purpose of this facility is to provide sanitary sewer capacity to provide for safe, orderly development. The variance will not negatively impact the public health, safety or welfare.

 

The requested variance meets the criteria required by the Subdivision Regulations and Staff recommends approval of the variance from the requirement in Section 20-810(d)(1)(v) to annex the full right-of-way of all boundary line roads when the preliminary plat is approved.

 

Conformance

 

The preliminary plat with the requested variance from Section 20-810(d)(1)(v) 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.