Memorandum

City of Lawrence

Department of Legal Services

 

To:

Dave Corliss

City Manager

From:

Toni Ramirez Wheeler, Director of Legal Services

John Miller, Staff Attorney

R. Scott Wagner, Management Analyst

cc:

Cynthia Boecker, Assistant City Manager

Diane Stoddard, Assistant City Manager

Dave Wagner, Director of Utilities

Scott McCullough, Director of Planning & Development Services

Date:

November 20, 2007

Re:

Annexation of Bauer Brook Estates Subdivision

 

Attached for your review is a letter to be sent to the property owners of the Bauer Brook Estates Subdivision regarding annexation and public infrastructure improvements.  The Bauer Brook Estates Plat was recorded on July 9, 1999.  Note 7 of the plat required that all of the properties be connected to the City’s sanitary sewer system within 7 years or upon annexation, whichever occurred first.  As of July 9, 2006, these properties have not been annexed or connected to City sanitary sewer services.  The City now seeks to begin the annexation process as the PS48 Project was completed as of July 2007.  The project provided a trunk sanitary sewer gravity line which would allow for connection of the Bauer Brook Estates to the City’s system.  A discussion of this and related issues follow.

 

Public Infrastructure Improvements:

 

·         Sanitary Sewer

The PS48 Project only provided for the trunk line (see attached map).  A system to service the lots of Bauer Brook Estates that would tie into the trunk line has not been designed.  The attached letter discusses the creation of a benefit district to finance the design and construction of this system (and water system improvements – see below).  Lots with existing and properly operating septic systems would not be required to connect to City sanitary sewer service immediately upon annexation.

 

It should be noted that the plat provided that owners, if their property is annexed by the City, will execute petitions to establish special benefit districts for the construction and/or improvement of public improvements, including but not limited to sanitary sewer trunk and lateral lines, streets, storm sewers, sidewalks, and waterlines.[1]

 

 

 

·         Waterlines and Fire Hydrants

The closest City water supply is the hydrant on a 12” main located at the intersection of Trail Road and Folks Road.  Upon annexation of the subdivision, utilities staff recommends the extension of that 12” main for the length of the subdivision along Folks Road, as well as the installation of an 8” water main in a utility easement along N1665 Road to service the lots on either side of that private road.  Fire hydrants to serve the subdivision would also be installed. 

 

Annexation Process: 

City staff plans to have an annexation ordinance ready for commission consideration by the beginning of January 2008.  The Planning Commission does not have to review the annexation request as it has previously done so when the platting and subsequent annexation findings were originally considered and noted on the plat.  The property will be annexed into the City after adoption of the appropriate ordinance.

 

Rezoning Process:  The subdivision currently includes a County zoning designation of A-1 (Suburban Home Residential) District.  With annexation of this subdivision, the properties will need to be rezoned to a City zoning designation.  As lot sizes within the subdivision range from 188,610 square feet to 1,173,445 square feet, the lots should be rezoned to the RS40 (Single-Dwelling Residential) District.  A possible PD (Planned Development) Overlay District may also be required.  The Planned Development Overlay District is needed because at least one property owner within the subdivision has indicated a preference to establish N 1665 Road, the subdivision’s sole access road, as a private street.  Private streets are permitted only in Planned Developments.  Preliminary and Final Development Plans will need to be processed as part of the PD rezoning request, with Preliminary Development Plan approval prior to Final Development Plan submittal.  After annexation, the City Commission can initiate the rezoning which will go before the Planning Commission for consideration and recommendation.

 

Stormwater Service:  As noted on the plat, property owner maintenance of the private drainage easement is required and should be enforced by the stormwater division of the Public Works Department.

 

Streets and Sidewalks: There has been interest expressed by some property owners within this subdivision to make the street and sidewalk system a private system, thus relieving the City of any construction and/or maintenance responsibilities.  The caveat to this arrangement would be to ensure that appropriate utility easements are established for the access and/or maintenance of the public utilities within the subdivision.

 

Action Items:  City staff recommends the following action items for City Commission consideration:

 

·       Authorize staff to send the attached letter to the residents of Bauer Brook Estates.

 

·       Authorize staff to proceed with the annexation process outlined in this memo.


[1] The project developer executed an additional agreement not to protest the formation of a benefit district for the improvement of Folks Road, or sidewalk or sanitary sewer improvements.