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PLANNING
COMMISSION REPORT NON-PUBLIC HEARING ITEM |
PC Staff Report
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ITEM
NO. 13 ANNEXATION OF 154.9
ACRES; NW CORNER N 1800 RD & E 900 RD (SLD) A-02-02-08: Annexation of approximately
154.9 acres, located at the NW corner of N 1800 Road & E 900 Road. Submitted by
Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas LC; Pert LC; Penny
J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales Corporation;
Venture Properties Inc; Industrial Square Corp; JDSS Limited Company; Radol
LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC, property owners
of record. Referred by City Commission on 2-12-08. |
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STAFF
RECOMMENDATION: Staff recommends that the Planning Commission
recommend that the City Commission defer consideration of the proposed
annexation until a sector plan can be completed for the area that includes
the subject property. Additional recommendation: Staff recommends that the Planning Commission initiate a sector plan
and Comprehensive Plan amendment to study the subject and surrounding area. |
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Applicant’s Reason for Request: |
“Future
industrial/warehouse development.” |
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KEY POINTS ·
This is a request to annex approximately 155
acres to allow for industrial development. ·
The subject property is not located within the Urban
Growth Area. ·
This request is not accompanied by a rezoning or
other development request or subdivision plat. ·
The Planning Commission considered and acted on
a rezoning request for the same property 12-17-07. ·
A protest petition was filed in opposition to the
proposed county industrial rezoning application. |
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COMPREHENSIVE PLAN FACTORS TO CONSIDER http://www.lawrenceplanning.org ·
Chapter 4 (Growth Management); ·
Chapter 7 (Industrial and Employment-Related Land
Use) existing and proposed; and, ·
Chapter 8 (Transportation) of Horizon 2020. |
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ASSOCIATED CASES/OTHER ACTION
REQUIRED o
Comprehensive Plan Chapter 7 update
approved and published (CPA-2004-02 scheduled for March 26 PC meeting) o
Sector plan approved and adopted
(I-70/Farmer’s Turnpike Sector Plan in process) o
Site Specific development actions: 1.
Annexation ·
Approval of annexation by ·
City Commission and ordinance
publication is required. ·
Annexation of public right-of-way
for perimeter streets/roads 2.
Platting ·
Submission and approval of subdivision plat for
property as a pre-development requirement. ·
Acceptance of dedication of rights-of-way and
easements by City Commission. ·
Approval of Public Improvement Plans by the City
Public Works Department and Utilities Department is required prior to
recordation of the final plat. ·
Written certification from the City Engineer
that all required public improvements have been completed or submittal of a
means of ensuring completion of required public improvements listed in
Section 20-811(h)(2) of Article 8 of the Land Development Code is required
prior to recordation of the final plat. 3.
Rezoning ·
Submission, approval, and publication of an
ordinance as a pre-development requirement. 4.
Site Planning ·
Submittal and administrative approval of applicable
site plans/development plans prior to obtaining building permits. This may not be an entirely inclusive
list. Studies related to other topics such as transportation, retail market
studies and utility impact studies may also be required dependent upon land
use recommendations and requests. |
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PUBLIC COMMENT RECEIVED PRIOR TO
PRINTING ·
David Ross; area resident inquiring about
request and relationship to pending rezoning application |
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EXISTING
CONDITIONS Current Zoning and Land Use:
A (Agricultural) District; undeveloped agricultural property used as
pasture land. |
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Surrounding
Zoning and Land Use: A (Agricultural)
District; existing fields and crop land including rural residential homes
located along existing County roads. Other uses
noted in previous public hearing. ·
Agriculturally zoned land use including:
pasture, vacant wooded land, legal non-conforming industrial use[1],
residential, commercial, ·
Rural Water tower to the southwest located on 1
acre tract ·
Communication tower located southwest of subject
property near water tower ·
Proximity to intersection of major arterial
roads and I-70 interchange. |
STAFF REVIEW
Annexation Procedure:
Kansas Law [12-519 et seq.] provides for annexation by ordinance of the
The City of
General Location and Site Characteristics:
The site requested for annexation is located on
the north side of N 1800 Road (Farmer’s Turnpike) and the west side of E 900
Road. The subject property does not adjoin existing city limit boundaries along
any property line. The subject property is approximately 1.6 miles north of the
city limits along K-10 and about two miles west of the current city limits
along Farmer’s Turnpike. The subject property is outside of and adjacent to the
north boundary of the existing Urban Growth Boundary.
The site currently includes agricultural uses.
The project area is currently zoned
The subject property is bounded on three
sides by existing County right-of-way on the north, east and south sides. The
subject property is located within direct proximity to the I-70 highway
interchange.
Infrastructure
and Utility Extension:
The subject property is currently located
in the unincorporated area of
Upon annexation
necessary utility services would need to be extended or a plan developed to
phase the extension over a period of time. Any utility extension must be
consistent with master plans for these specific facilities. In some cases
master plans would need to be first updated. Service areas are established to
set the timing and provision of utility extensions and the development of
various areas within the defined the Urban Growth Area. The subject property is not located within
any identified Service Area within the existing UGA or beyond that boundary.
Sanitary Sewer
Extension of sanitary sewer services to new
urban development requires a Utility Department review of a Downstream Sanitary
Sewer Analysis and a Preliminary Plat. At this time no specific development
proposal has been submitted. Current urban services are over two miles from the
subject property. There are no existing planning documents that detail this
area with regard to future sanitary sewer services. The City’s currently
adopted wastewater master plan does not address this area. Staff is currently
in the process of requesting proposals for a new wastewater system master plan.
The planning boundaries of this effort have not been defined at this time; but
will be coordinated with Planning and other City Departments. A specific study of the watershed will be
required to assess impacts on the current system and evaluate designated
capital projects that may be affected by the proposed development. Significant
information is needed to evaluate the proposed request including determination
of land uses. Improvements in this area are not planned within the scope of Horizon 2020.
Extensions of sanitary sewer mains are
required for urban development. Approval of sanitary sewer public improvement
plans are typically a requirement of the subdivision process.
Water
Extensions of water mains and adequate fire
flow are required for urban development. Existing Urban services are over 2
miles from the subject property. The applicant has proposed providing on-site
tower facilities to aid in fire protection. Rural water service (at a
residential standard) is available to the site currently. The Rural Water
District has expressed concerns about adequate service if the property is
developed as a County non-residential development project. Annexation of the
subject property typically requires extension of municipal water to the site.
There are no active plans to extend water service to this property. Approval of
waterline public improvement plans is required as part of the subdivision
process. The current City’s municipal water master plan does not address the
extension of service to this area.
Stormwater
The subject property includes several
natural drainage paths that connect to larger drainage sheds, feed agricultural
ponds and provide watering sources for livestock. Regional detention is
recommended for each separate water shed that encompass the subject property.
No such plan has been developed. Approval of stormwater public improvement
plans for off-site improvements is required prior to filing of the Final Plat.
Provision of adequate detention is required for urban development.
Private Utilities
Electric, phone, and gas, extensions would
have to be made to this property. There are no active development plans at this
time. Utility providers have been notified of the proposed request. To date,
only Westar has indicated, in a development meeting with staff, that current
service would need to be substantially upgraded to provide service to the
subject property for non-residential uses.
Other
Services
The subject property is outside of existing
or proposed service response districts. Annexation of the subject property will
require execution of a service delivery plan for emergency services to this
property.
School
facilities
The subject property is located outside of
the
Public Rights-of-Way
The subject property is located within the vicinity of the I-70/K-10
interchange. The property is separated from the interchange access by N 1800
Road/Farmer’s Turnpike. This segment of N 1800 Road that bounds the south
property line includes two types of arterial street designations currently.
Minor arterial is designated to the east and principal arterial is designated
to the west. Two existing roads, E 900 Road (along the east property line) and
N 1850 Road (along the north property line), are currently local rural roads.
Development of the area would include an assessment of roadway
improvements abutting the property. Necessary improvements would require the
road to be fully within the City limits. Boundary line roads where one-half is
located in the city and the other half is located in the county have resulted
in difficult maintenance situations over time. Examples of boundary line roads
include
Dual naming of such roads may be necessary to maintain both county and
city names for addressing purposes for those properties outside of the
annexation boundary.
Internal circulation and access to abutting roads will need to be
assessed with a specific development proposal. A traffic impact study will be
required to evaluate proposed access options, separation requirements,
geometric improvements and similar items both internally and as development
relates to the surrounding road network.
No direct access is permitted to arterials, per the Land Development
Code, unless the City Engineer grants a waiver from this requirement. A
specific development plan has not been submitted to assess a full scope of transportation
issues for this property. Street intersection spacing will be critical as the
area develops and should be designed initially for best efficiency.
COMPREHENSIVE
PLAN:
Horizon
2020 – Chapter 4 Growth Management
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 beyond the Urban Growth Area. The property is not identified on the
Future Land Use Map in Horizon 2020.
Rural areas are defined as that land that lies outside of the designated Urban
Growth Area of the incorporated cities. Lands in the RA are not planned to
develop or to support urban densities of development during the planning period
(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).
Finding:
The annexation request is not consistent with the growth management policies
found in Horizon 2020.
General policies related to
growth management address the need to evaluate the proposed development with
respect to the provision of services, protection of topographic and drainage
concerns and with respect to land use criteria. Additional detail is needed to
assess these elements including a sanitary sewer impact analysis, service
delivery plan for water and other utility extensions and public services such
as fire protection. Additional information is needed regarding the extension of
the street network to serve the subject property and the surrounding area. In
staff’s opinion, an appropriate first step would be execution of a specific
area (sector) plan prior to consideration of specific development proposals.
Horizon 2020 allows for the initiation of
development within Service Areas 2, 3, and 4 prior to the full build-out of
Service Area 1 when wastewater capacity is clearly available; a plan for
interim development for the provision of rights-of-way and easements is complete;
and when comparable build-out of Service Area 1 has been addressed. The Plan
clearly gives priority to properties that abut existing city limits. The Plan
also gives priority to developments that are consistent with adopted utility
plans. The subject property is not
located in a Service Area at this time.
Horizon 2020 – Chapter 7 Industrial and
Existing: The
existing Chapter 7 of Horizon 2020 does
not include the general area of the subject property as a future industrial site.
The plan supports the development and increase in the number and diversity of
jobs for the entire community (
Draft: The
revised Chapter 7 is scheduled for consideration by the Planning Commission on
March 26, 2008 (Item No. 12) and brings together the importance of the natural
environment and a diversified economy as a tool for development considerations.
A key feature of the draft plan is to: encourage
site improvements, and community amenities which best respond to the market
demands for industrial and business development while maintaining the community
objectives for the type and quality of such development. The chapter also
defines various types of industrial uses. A specific development application
has not been submitted, but preliminary discussions of a warehouse and
distribution use have been presented to city staff and others. While the subject property may meet the above
identified goal, additional planning is needed to assure that the community
objectives are addressed.
This discussion
is not intended to analyze the specific zoning district that would support a
warehouse and distribution use. The draft Chapter 7 provides location criteria
for new industrial areas and includes 150 acres identified as Farmer’s
Turnpike. The plan specifically states:
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Farmer’s
Turnpike Transportation: Federal
Interstate and Parcel Size: 150 acres, with
possibility of more Floodplain: None Slope: Mainly 0-3% Prime Farmland: Approximately
40% covered. The Farmer’s
Turnpike area lies generally north of N 1800 Road (Farmer’s Turnpike) near
the intersection of Kansas Highway 10 and I-70. The proposed area contains
roughly 150 acres with the potential for more land to be identified for
industrial and employment related land use through the long-range planning
process. That process includes completion of a sector plan prior to
annexation and development to better understand appropriate land uses,
infrastructure issues and other service issues, such as police and fire
protection. The area contains land of minimal slope (0-3%) and also lies
outside of the 100-year floodplain. Approximately 40% of the 150 acre site is
covered with prime farmland. This area substantially meets the general
locational criteria and will be an important future economic development area
for the |
Finding: The draft revised Chapter 7 supports the
subject property as a future industrial development when appropriate and
applicable planning for the area has been completed. Staff has begun working on
the I-70/Farmer’s Turnpike Sector Plan and anticipates a completion date near
the end of summer 2008.
Horizon
2020 – Chapter 8 Transportation
The
transportation chapter provides the goals and policies related to development
and recognize the relationship of transportation and land use planning. The
plan also acknowledges the importance of pedestrian and bicycle access as modes
of transportation. Multi-modal transportation (rail and air) as well as ground
transportation are elements of consideration for development. The existing
transportation maps designate N 1800 Road/Farmer’s Turnpike as an arterial
street. A principal designation is specified for that area generally west of
the subject property and a minor arterial designation exists for the road
segment east of the I-70 interchange. It should be noted that the updated
transportation maps proposed with T2030 reclassify the road to a principal
arterial along between the subject property’s west boundaries to the
Several goals and
policies are provided in Horizon 2020 related to transportation concerns
found in Chapter 8, Transportation. Goals addressing multi-use trails,
sidewalks, and alternative modes of transportation can be implemented with
specific development proposals and coordinated between individual properties
throughout the subject property and surrounding area. The requirements for
traffic impact studies at the property level and the larger planning area are
needed to identify necessary capital improvements to serve the surrounding area
as it develops. Assessment of land use will both predict and prescribe
appropriate types of access needs. As such detailed area plans are needed to
facilitate the implementation of transportation goals and policies listed in Horizon 2020. Refer to Chapter 8 Horizon 2020 for a full list of the
goals and policies.
Development Code
An evaluation of the Development Code is
not included in this report because there are no associated development requests
such as rezoning or site plan applications that would address land use.
Area
Plan
The subject
property is located in an area identified for long range planning referred to as
the I-70/ Farmer’s Turnpike Plan. There are no existing area or neighborhood
plans that have been developed for this area.
An area plan is recommended prior to annexation of the subject property.
DISCUSSION OF LAND USE AND REQUEST:
Horizon
2020 supports a definitive approach that utility services and major street
improvements should be in place prior to development. Significant municipal utilities must be extended to serve this
area to support urban development.
Growth management
is defined in Horizon 2020 as the
primary tool for ensuring timely and orderly growth. This tool includes
establishment of an Urban Growth Area, service delivery areas and specific
annexation policies.
Annexation Policy
number 1 states that the “City of
The subject property is located beyond the
City of
This report highlights
several adopted policies that would preclude annexation of the subject property
at this time. It is important to note
that other policies, mostly contained in the proposed Chapter 7 (Industrial and Employment-Related Land Use), are revised and support the subject site as a key industrial site in
the city’s future. Staff recognizes that
while it will take time and effort to provide utility and other infrastructure
to the general area, there is opportunity to plan for and permit some amount of
development in the area so that any development in the area meets the City’s
code requirements, thus ensuring that when the area does develop to urban
densities, it more seamlessly fits into the urban pattern. The I-70 interchange and surrounding area
will be an important economic generator for the region and planning today for
its eventual build out is appropriate and valuable.
This request attempts
to meet a recognized need for large-parcel industrial land along I-70. Staff concurs with the applicant that this is
an important area for future development, but also believes that proper land
use, utility, and facilities planning should be accomplished prior to
considering a specific development request.
Planning staff has completed preliminary work on the I-70/Farmer’s
Turnpike Sector plan and the Utilities Department is poised to analyze sewer
service in the area.
CONCLUSION
The proposed application
lacks a detailed service delivery plan that assesses the timing and provision
of major infrastructure and how this infrastructure may be extended to other
surrounding properties in the future. The proposed request is premature due to
the lack of comprehensive planning in and for the area. Additional study of the
area should be considered prior to proceeding with the proposed annexation.
Development of a
sector plan to address land uses, infrastructure, transportation and other
development opportunities is recommended. The subject property and remaining
surrounding area are outside of the current urban fire protection response
area. Additional planning will also be required for public facilities to
implement improvements to serve the area upon annexation.
The development
of the subject property includes a consideration of adequate timing of
providing the necessary infrastructure for basic utilities such as water and
wastewater. Development of an interim plan for services such as continued use
of rural water and on-site wastewater disposal would be required to serve
development in the short term. Such a plan should be tied directly to specific
uses for development to mitigate harm to the surrounding area and to assure
that adequate provisions are provided for integrating the development into the
ultimate system when appropriate.
Staff
believes that a sector plan can be completed by the end of the summer 2008 and
that additional information related to providing utilities may also be
available at that time. Staff recommends
that the Planning Commission recommend deferral of the consideration for
annexation for the subject property until a sector plan can be completed for
the area.
[1] Foley Construction identified as a Legal Non-Conforming Land use by Douglas County Staff 12/2003. Not required to register as a home occupation or to rezone property.