PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

 

 

PC Staff Report

09/26/07

 

ITEM NO. 6:     SPECIAL USE PERMIT FOR SE LAWRENCE BENEFIT DISTRICT NO. 1; NE CORNER OF INTERSECTION OF E 1700 & N 1300 ROADS (MKM)

 

SUP-07-07-07:   Special Use Permit for the construction of a pump station for the SE Lawrence Benefit District No. 1, near the NE Corner of the intersection of E 1700th & 1300th Roads. Submitted by Peridian Group, Inc for the City of Lawrence, property owner of record.

 

 

 

STAFF RECOMMENDATION:     Planning Staff recommends approval of SUP-07-07-07, a Special Use Permit for the construction of a sanitary sewer pump station near the intersection of N 1300 and E 1700 Roads 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 Site Plan with the following changes:

a.        General Note 9 must be revised to reference 20-811(g)(8).

b.        The 40’ of right-of-way for E 1700 Road must be labeled as right-of-way, not as right-of-way easement.

c.         The plan must be corrected to read ‘Special Use Permit’ rather than ‘Use Permitted upon Review’.

2.   A variance must be obtained and noted on the site plan from the requirement in Section 20-913(e) which prevents the use of gravel as a parking area or driveway surfacing material or the site plan must be revised to use a permitted surfacing material.

3.  Execution of a Site Plan Performance Agreement.

4.  Proposed screening from parkland requires approval of the City Landscape Supervisor.

 

Applicant’s Reason for Request:

“To construct a sanitary sewer pump station to better serve existing development, allow for the decommissioning of 3 existing sanitary sewer pump stations and to accommodate future development east of O’Connell Road and South of K-10.”

 

KEY POINTS

·         The City 2003 Wastewater Master Plan recommends a lift station in this area.

·         Section 20-530 of the Development Code requires that minor utilities which do not serve a specific development be approved with a Special Use Permit.

·         The pump station site is located within a 39 acre parcel, which is owned by the City of Lawrence and is designated as a future park site.

 

GOLDEN FACTORS TO CONSIDER

Zoning and uses of property nearby

 

The subject property contains approximately .952 acres and is currently zoned for A (Agricultural) land uses. The property is currently used as grassland. A rezoning request [Z-07-14-07] to OS (Open Space) to allow the development of a sanitary sewer pump station was considered by the Planning Commission at the August meeting and was forwarded to the City Commission with a recommendation for approval. This zoning category was selected for the following two reasons: 1) the GPI District requires a minimum site area of 5 acres, and less than 1 acre is necessary for this utility and 2) the surrounding property is designated as future parkland which will be rezoned to OS when it is developed.

 

The surrounding property is zoned A (Agricultural) District with agricultural uses and rural residences in the area. Within a mile to the north, and east are small portions of land zoned I-2 and I-3 (General and Heavy Industrial) Districts. The industrially zoned area to the north is a part of an asphalt plant and the area to the east is owned by the Kansas Department of Transportation but is currently used for agricultural purposes. A little over a mile to the northwest is property within the City limits that is zoned PID (Planned Industrial District). This property contains an asphalt plant, a towing company and storage facilities.

 

Character of the area

This is an agricultural area with scattered rural residences. The character of the area is primarily agricultural/rural. The property is fairly level grassland which is owned by the City and designated as future parkland. A wooded stream corridor passes through the City owned property to the south of the pump station site.  

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         County Commission’s finding that the annexation of this .952 acre property [A-07-06-07] will not hinder the orderly growth and development of the community.

·         City Commission approval of annexation [A-07-06-07] and rezoning to OS (Open Space) [Z-07-14-07]. (Planning Commission recommended approval on 8/29/07)

·         City Commission acceptance of easements and road right-of-ways as shown on the preliminary plat [PP-07-08-07]. (Planning Commission approved on 8/29/07)

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

·         City Commission approval of the Special Use Permit.

·         Publication of annexation, rezoning and Special Use Permit ordinances.

 

GENERAL INFORMATION

Current Zoning and Land Use:

A (Agricultural) Districts [Recommended for approval to OS]; Grassland.

Surrounding Zoning and Land Use:         

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

 

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

 

To the east; Grassland, designated as future parkland, east of the City owned property is a topsoil removal/construction material recycling operation which was approved with a Conditional Use Permit [CUP-1-2-98].

 

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

 

Site Summary

 

Lot size:

Building area:

Proposed impervious:

Proposed pervious:

 

.952 acres

450 sq. ft.

754 sq. ft.

40,704 sq. ft.

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:  “ Yes”

 

The proposed use complies with all applicable provisions of the Development Code. The Development Code requires minor utilities which do not serve one specific development to be approved with a Special Use Permit. The Special Use Permit process provides for public review and evaluation of a uses operating characteristics and site development features to ensure that the proposed use will not have a significant adverse impact on surrounding uses or on the community at large. The pump station location is in compliance with the City’s 2003 Wastewater Master Plan. The pump station is located within a 39 acre parcel which is owned by the City and designated as future parkland. This location will help minimize any negative impacts.

 

E 1700 Road is shown on the Major Thoroughfares Map as a major collector. Per Section 20-810(d)(4) of the Development Code a major collector road within the City limits requires 80’ of road right-of-way. The preliminary plat showed 80’ of permanent road easement and noted the Book and Page where this easement was recorded. Road right-of-way is dedicated differently within the City and outside the City limits. Right-of-way outside the City limits is dedicated by ‘permanent easement for road right-of-way’ while inside the City limits it is dedicated as ‘right-of-way’. The 40’ of road right-of-way is being dedicated with the preliminary plat. One condition of approval for the preliminary plat was that it be revised to show the 40’ of road right-of-way that is being dedicated with this development. The SUP site plan must be revised to show the 40’ of right-of-way adjacent to the property along E 1700 Road.

 

Staff Finding – The proposed use is compliant with applicable provisions of the Development Code.  The Special Use Permit site plan, as conditioned, is compliant with 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:  “Yes. This lift station has minimal external impacts.”

 

The proposed use will be located within the City owned future parkland, which will buffer it from adjacent uses from the north, east, and south. Buffering is necessary from the roadway and lands to the west as well as from the City parkland itself. The City Parks and Recreation Department indicated they would require the contractor to install a temporary construction fence to protect all existing trees and that they plant trees around the pump station to provide screening from future park activities. The Park Department indicated this should include an 18 month maintenance agreement and warranty on the trees.  The Park and Recreation Department must approve the species and locations of the screening trees provided along the property’s boundaries within the future parkland.

 

The City Utilities Engineer explained that the pump station and wet-well will be enclosed to minimize odors. The station will also be equipped with a chemical feed system to help mitigate any odors produced.  He stated that the majority of the pumping and mechanical equipment will be located inside of structures and noise will be minimal. There will be an air-conditioning unit with a typical outside component. There is also an engine driven generator for backup power in the event electrical power is lost. This generator will be muffled and will run intermittently for testing and would run if normal electrical power was lost. There will be regular day time activities by staff for maintenance and operations.

 

Staff Finding – The proposed use 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:  “No. Property value will increase. The lift station will provide sewer and make surrounding property developable.”

 

Very little traffic will be generated by this site.  As discussed previously, the pump station’s design will minimize any negative impacts on surrounding properties. The surrounding areas are agricultural lands, with scattered rural residences. The small size of the site, the low intensity of the use and the buffering from other properties should minimize its impact on surrounding properties.

 

Staff Finding – The design of the pump station and the buffering provided would 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 development of this pump station will permit the decommissioning of 3 pump stations. 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 Rd 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.

 

Staff Finding – The subject property will provide wastewater utility facilities for the surrounding area when it is incorporated and the City of Lawrence. Water lines will be extended to serve the facility but developments in the area will be required to extend distribution of water mains. 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 –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 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 minor utility which is being planned to serve existing and 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 on the east side of E 1700 Road approximately 600 feet north of the intersection of E 1700 Road and N 1300 Road. Approximately .952 acres are included in this project. The proposal is to construct a sanitary sewer pump station which will serve new development in the area as well as allow the decommissioning of 3 existing pump stations. The City Utilities Engineer indicated that the design of the pump station would result in very little negative impact on surrounding properties.  The buffering provided by the City owned property would further reduce the impact on lands to the north, east and south. Trees will be provided for a buffer between the property and the future parkland and as screening from the property across the road. 

 

The site plan must be revised to correct the reference cited in General Note 9 to reference the Lot Pinning section in the recently adopted Subdivision Regulations and to correct the title from Use Permitted upon Review to Special Use Permit as the name has changed with the Development Code.

 

The site plan shows a gravel drive/parking area around the pump station. Gravel is not included in the list of permitted surfacing types in Section 20-913(e) of the Development Code. Therefore, it will be necessary to request and obtain a variance from this requirement from the Board of Zoning Appeals or to change the surfacing material to one permitted by the Development Code.

 

Waterline plans must be submitted for approval and signatures from the fire and utilities departments before building permits are issued.