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PLANNING
COMMISSION REPORT REGULAR AGENDA - NON-PUBLIC HEARING ITEM |
PC Staff Report
10/24/07
ITEM NO. 16E: PRELIMINARY PLAT FOR AIRPORT
BUSINESS PARK NO. 1; E 1500 ROAD &
PP-06-07-07: Preliminary Plat for Airport Business Park
No. 1, located at E 1500 Road & US Hwy 24/40. Submitted by
Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen
and Brian Pine, property owners of record.
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STAFF RECOMMENDATION: Staff recommends approval of the Preliminary
Plat of Airport Business Park No. 1, subject to the following conditions: 1.
Revision of the Preliminary Plat to reflect the
following changes: a.
Addition of a note stating that a Transfer of Ownership
to the City of b.
Removal
of the utility easements encompassing the entirety of the pump station sites,
as ownership of the pump station sites will be transferred to the City. Additional
utility easements may need to be dedicated for the sanitary sewer mains with
the final siting of pump stations. c.
Revision
of the pump station sites to appropriate sizes. The sizes of these sites may
need to be slightly altered at a later date based on the layout of the pump
stations. d.
Addition of a note stating that ownership of the property on which the
temporary pump station is located will revert to the adjacent property owners
when the pump station is decommissioned. e.
Addition
of a note stating that funds will be placed in escrow after the approval of
the final plat for the future decommissioning and modification of the
temporary pump station, and that no building permits will be issued until the
funds are in escrow. f.
As the
access waiver requests for direct access to US 24/40 were denied, the first
sentence of General Note #9 will need to be revised to read as follows:
“Direct driveway access onto g.
Inclusion
of a note stating that one temporary access point for the temporary sanitary
sewer pump station will be permitted from Block Five, h.
Block
Five, Lots 2 and 4 will be reoriented so they both have frontage on proposed i.
Inclusion
of a note stating that access from Block Four, j.
Dedication
of any additional required Right-of-Way, per the approval of the City
Engineer. k.
Revision
of Note #15 in the General Notes section to state that the pedestrian ways
within pedestrian easements are to be constructed concurrent with the paving
of the most adjacent roadway. l.
Inclusion
of information regarding final plat phasing. This phasing shall be concurrent
with phasing of the Downstream Sanitary Sewer Study. m.
Revision
to include the airspace overlay zones as described in the Development Code
Section 20-302. n.
Removal
of General Note #16e. o.
Revision
of General Note #16f to remove the following language: “Timing of the
installation of such improvements will be per the discretion of the property
owner(s) [in the instance of private financing] and per the City [in the
instance of public financing]. General Notes #16a through f may need to be further
revised, based on the outcome of discussions related to financing of
infrastructure improvements at the City Commission meeting. p.
Dedication
of the full right-of-way for E 1500 ( |
Reason
for Request: The subject property is required to be platted
prior to submittal of site plans.
KEY
POINTS
·
The property lies outside the City limits, within
Service Areas 2 and 4 of the Urban Growth Area.
·
The Preliminary Plat request is accompanied by
three rezoning requests and an annexation request.
·
Portions of the subject property are encumbered by
the 100-year floodplain and Airspace Overlay District.
·
A Downstream Sanitary Sewer Study and Retail
Market Study have been approved by City staff. A stormwater drainage letter was
also submitted and approved by staff.
·
A revised Traffic Impact Study (TIS) was submitted
to the Planning Office. City planning and engineering staff, as well as Kansas
Department of Transportation (KDOT) staff are in the process of reviewing and
responding to the revised TIS. The review and subsequent response were not
completed by the time of staff report printing. Based on information gleaned
from the revised study, a TIS update memo may be forthcoming prior to or by the
time of the October 24, 2007 Planning Commission meeting. The Preliminary Plat
may need to be further revised based on the outcome of the TIS review.
·
The proposed development will occur in phases. Phasing
of the final plats concurrent with the phasing of the Downstream Sanitary Sewer
Study will need to be shown on the Preliminary Plat.
·
The Planning Commission is also acting as the
Airport Commission in the review of this project.
SUBDIVISION
CITATIONS TO CONSIDER
·
This
application is being reviewed under the Subdivision Regulations for
·
No
unusual or specific citations of the Subdivision Regulations have been
identified with the review of this application.
ASSOCIATED
CASES/OTHER ACTION REQUIRED
Annexation
Platting
Rezonings
Site
Planning
Text Amendment
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
·
A meeting was held with City staff, the Grant
Township Board of Trustees, and the public at
·
Several citizens called regarding the project,
expressing concern about the impact of the property on the rural area and
requesting information.
·
Letters and e-mails from Nancy Thellman, Chet
Fitch, Anne Burgess, Jes Santaularia,
and Grant Eichhorn have been included in the staff report packet.
·
A meeting was held with the development team,
property owners, City staff, the Grant Township Board of Trustees, and the
public at
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GENERAL INFORMATION |
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Current
Zonings and Land Uses: |
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Surrounding
Zoning and Land Uses: |
County B-1 (Neighborhood Business), B-2
(General Business) and A (Agricultural) Districts and Interstate 70 to the
south; hotel, photography studio, and agricultural, rural residential and
interstate uses. County B-1 (Neighborhood Business) County
B-2 (General Business), A (Agricultural), and City GPI (General Public and
Institutional Use) Districts to the east; hotel, photography studio,
agricultural and rural residential uses, and County I-2 (Light Industrial), City OS
(Open Space), County B-2 (General Business), County A (Agricultural), City
RS10 (Single-Dwelling Residential), and City IG (General Industrial) to the
west; industrial, civic, commercial, open space, office, and interstate uses. |
STAFF REVIEW
The preliminary plat includes property located on the northeast,
northwest, and southwest corners of the E 1500 (
Zoning and Land Use
Within the project boundaries, the northwest and southwest corners of
the E 1500 and
The applicant proposes to develop an 18-lot industrial and commercial
project on approximately 145 acres. Annexation and rezonings are necessary to
accomplish this development; therefore, these requests are also being
considered at the October Planning Commission meeting.
Infrastructure and Utility
Extensions
Sanitary
Sewer
The City’s Utilities Department has
reviewed the Downstream Sanitary Sewer Analysis and Airport Business Park No. 1
Preliminary Plat. The developer is proposing to construct a temporary pump
station to serve the first 40 acres, with the permanent pump station
construction triggered by the subsequent phase of the project. The temporary
station will need to be constructed to City standards and decommissioned when
the ultimate pump station is constructed.
The temporary pump station is proposed to
be located near the southeast corner of Block Five, Lot 1, and the permanent
pump station is proposed to be located near the southeast corner of Block One,
Per General Note #16c on the Preliminary
Plat, the developer is requesting public funding for portions of the sanitary
sewer improvements. Public funding for a double 6” force main sanitary sewer
force main extension of approximately 4,900 feet, to the existing discharge
manhole located at
As a condition of approval, a note shall be
included on the plat, stating that a Transfer of Ownership to transfer the pump
station properties to the City of
Water
Extensions of water mains and adequate fire
flow are required. Per Note #16b on the Preliminary Plat, the developer is
requesting that portions of the watermain improvements publicly funded. Public
funding for 5,000 linear feet of 12-inch ductile iron pipe along
Stormwater
A drainage letter has been approved by the
City’s Stormwater Engineer. The letter states that the Airport Business Park
No. 1 Preliminary Plat follows the recommendations outlined in the North
Lawrence Drainage Study. The developer has requested that any off-site
stormwater improvements be publicly funded. Improvements are recommended in the
North Lawrence Drainage Study, and are located south of US 24-40 and west of
Public
Rights-of-Way
The subject property is located within the
vicinity of the
A revised Traffic Impact Study (TIS) has been reviewed by the City of
Sidewalks, per the Development Code, will
be required on both sides of each new street – 5-feet wide on each side of all
local streets (Zoysia Land and Pine Family Drive) and 6-feet wide on one side,
with a 10-foot wide bike/rec. path on the other side, of each arterial
(Bluegrass Drive, a portion of N. 7th Street, and US 24/40). Approval
of roadway and sidewalk Public Improvement Plans is required prior to recordation
of the Final Plat.
Regarding the phasing of the project in relation to Public Improvement
Plans, the Development Code states that all improvement plans to serve the
subdivision are to be provided concurrently with the phase which will first be
served by those improvements.
Public Financing of
Infrastructure
The applicant has requested assistance in financing the public
infrastructure to the project. While the responsibility for determining where
and how public dollars are used lies with the City commission, an effort will
be made at the Planning Commission meeting to provide additional information on
the costs of the improvements and the alternatives for bringing services to the
general area, including this project.
Easements
As the entirety of the property is currently located outside City
limits, the property does not include City easements. Utility easements for
sanitary water and sewer service have been included on the Preliminary Plat.
The plat also includes 20-foot wide planting easements, as the Development Code
requires planting easements for double-frontage lots.
Block lengths are not
permitted to exceed 800 feet unless pedestrian connections are provided.
Therefore, 15-foot wide combined pedestrian and utility easements have been
added between lots that span
The Preliminary Plat includes an avigation easement that was previously
established through a condemnation action. As a condition of approval, the
court order and case number for this action will need to be included on the
plat. The plat notes that this easement is intended to be utilized as open
space and in accordance with Federal Aviation Administration regulations.
The plat includes utility easements for the temporary and permanent
pump stations. As a condition of approval, these easements will need to be
removed, as the land will need to be deeded to the City as a condition of final
plat approval. A note should be included on the plat, stating that a Transfer
of Ownership will need to be executed prior to recordation of the final plat. The
plat will also need to include a note stating that ownership of the property on which the temporary pump station is
located will revert to the original property owner when the pump station is
decommissioned.
Floodplain Overly District
The northwest portion of the property
includes the Maple Grove Stream. As such, this area is encumbered by the
FEMA-designated Special Flood Hazard Areas Inundated by 100-year Flood (Zone
AE) and Floodway Areas in Zone AE. The Preliminary Plat notes that the areas
encumbered by the 100-year floodplain will be utilized as open space. Areas
inundated by the 100-year floodplain, in addition to areas identified per the
guidelines set out in Article 12 (Floodplain Management Regulations) of the
Development Code, have been requested for rezoning to the IL-FP (Limited
Industrial - Floodplain Overlay) District. This Overlay District designation is
required per the City’s Floodplain Management Regulations. Any proposed
construction within the Floodplain Overlay District requires approval of a
Floodplain Development Permit.
Airspace Overlay District
and Airport Layout Plan
Airspace zones, per the Development Code, will need to be labeled on
the subject Preliminary Plat. The Plat includes areas encumbered by three of
the five zones – Non-Instrument Approach Zone, Transition Zone, and Horizontal
Zone. The Code includes height restrictions within each zone. Site plans for
individual buildings will need to be evaluated for conformance with the height
restrictions noted in each zone.
Per the Airport Layout Plan, an avigation easement and runway
protection zone are noted on the plat. The airport plan states that existing
land uses are compatible with the airport, but the plan does not include an
evaluation of the proposed industrial and commercial uses. As such, it will be
important to consult Federal Aviation Administration (FAA) at each step of the
development process. A Notice of Proposed Construction or Alteration will
need to be filed with the Federal Aviation Administration for each proposed
structure, including light poles and power poles, in accordance with Federal
Regulation Title 14 Part 77 prior to obtaining building permits.
Conformance
Horizon
2020
Per Map 3-1 in Chapter 3 of Horizon 2020, General Plan Overview, and
the policies outlined in Chapter 4, Growth Management, the subject property is
located within Service Areas 2 and 4 of the Urban Growth Area. The property is
not identified on the Future Land Use Map in Horizon 2020. Regarding Service Area 2, the Comprehensive Plan
states the following: “Development of
these areas to urban densities should be allowed only after coordination with
the phasing of municipal services and public infrastructure improvements to
serve these new urban densities of development” (page 4-3). Horizon 2020 states the following
regarding Service Area 4: “The land uses
north of US 24/40 shall be primarily non-residential uses such as industrial,
warehouse, and office. Urban development in Service Area 4 north of the Kansas
River shall not occur until after an extensive drainage study for the area
north of the Kansas River has been completed” (page 4-4).
Growth management policies
address the need to evaluate the proposed development with respect to the
provision of services, protection of topographic and drainage concerns, and
applicable land use criteria. Horizon
2020 gives priority to properties that abut existing city limits. It also supports the approach
that adequate facilities and services are provided or assured in connection
with development (page 4-1). The annexation
request is consistent with the growth management policies found in Horizon 2020.
Chapter 6, Commercial Land Use, includes a
designation of
An update of Chapter 7, Industrial and
Employment-Related Land Use, was approved by the City Commission on December 6,
2005 and the Board of County Commissioners on January 8, 2007. The ordinance
was adopted on second reading by the City Commission on October 2, 2007. On
October 8, 2007, the
Chapter 7 is the most recent planning
effort and includes a map labeled “General Locations for Future Industrial and
Business Park Development”. This map recommends a potential industrial and
business park development for the general location of US 24/40 and
Chapter 8, Transportation, includes
reference to the
While the annexation and associated
rezoning requests do not conform with the
Development
Code
The proposal generally conforms with Section 20-809 (Major Residential
and Non-Residential Subdivisions) of the Development Code.
The City’s Development Code lists the CN2 (
North
of
The subject
property is located in an area which is not served by an area or neighborhood
plan. Further, a North of North Street Area Plan
was drafted several years ago and was put on hold in 2000 in anticipation of
completion of the North Lawrence Watershed Drainage Study. As the drainage
study has been completed, an update of the previous draft of the North of North Street Area Plan is scheduled
to proceed in the future as resources allow. The North of North Street Area Plan recommends industrial uses between
I-70 and US 24/40. As part of the plan update, the area north of US 24/40 will
be included in the plan. It is important to note that, in conformance with the
recommendations of Horizon 2020, the North of North Street Area Plan includes
a
Summary of Request
The land is currently
zoned for agricultural and general business uses. Portions of the property are
contiguous to the City limits. A mix of uses abuts the property to the west,
with the Lawrence Municipal airport abutting the property to the north and I-70
abutting the property to the south. Agricultural land uses also abut the
property. The applicant proposes a project with predominantly industrial land
uses, but also some commercial uses. Proposed land uses are discussed in more
detail with the evaluation of the rezoning requests.
The subject property is located within the
City of