Temporary Use Permitted Upon Review (TUPR)

May 4, 2004

 

A.                 SUMMARY

 

TUPR-04-09-04: Excavation/Fill of 7.12 acres located on the southwest corner of 15th & Haskell also known as 1503 Haskell Avenue. Submitted by Harold Shephard property owner of record.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:                   RS-2 (Single-Family Residence) District; existing single-family residence.

 

Surrounding Zoning and Land Use:             RS-2 (Single-Family Residence) District to the east, west and south, existing residential uses including Parnell Park to the west.

 

RS-2 (Single-Family Residence) District and RM-1 (Multiple-Family Residence) District to the north, existing residential and community uses.

 

Site Summary:

Gross Area:                       7.12

Land Use:                         Existing single-family residence

Location:                           1503 Haskell Ave. (property is unplatted parcel)

Text Box: Staff Recommendation: Planning Staff recommends approval of the temporary use permit subject to the following condition: 1. Execution of a site plan performance agreement; 2. Provision of a note on the face of the site plan that states the property shall be re-seeded within 60 days of completion of the grading project. 3. Grading shall be completed within one year of the City Commission’s approval. 4. Provision of a note on the face of the site plan that states: “The boundary of the future right-of-way shall be staked by the contractor. No fill shall be within the boundary of the future right-of-way.

 

Review Comments from Other Departments/Agencies

 

Public Works/Engineering:

1.       NPDES permit is needed (Applicant notified)

2.       Will need additional 10’ of right-of-way along E. 15th Street (To be provided when property is platted)

3.       Will need additional 20’ of right-of-way along Haskell  (To be provided when property is platted)

4.       Install 6’ sidewalk along Haskell. (Recommend agreement not to protest – Improvement anticipated with future development proposal)

5.       Install 5’ sidewalk along E. 15th Street. (Recommend agreement not to protest- Improvement anticipat4ed with future development proposal)

 

Stormwater Engineering:  A drainage study will not be required for this project.  Downstream flooding is confined to the regulatory floodplain. The site plan dated 04-07-04 meets the specified requirements. This plan is approved for use as the project SWP3.

 

Traffic Engineering:          Additional Right-of-way will be needed at 15th & Haskell for roundabout requested by Brook Creek Neighborhood (Currently included in the CIP).

 

Municipal Utilities:             water line extension will be required on 15th Street. Developer will be responsible for the cost of the line. Front footage fee for existing 15th Street water line and existing Haskell Ave. Water line due when water service is required. (Applicable when/if property is subdivided in the future.)

 

Neighborhood Resources:             No comments provided

 

Parks Department:           Please consider creation of a conservation tree plan to two existing groups of trees to be saved and utilized in this project and tree root protection zones with no grade changes in these areas. These zones should to be fenced off to keep equipment away from trees and avoid compaction or any grade changes. How will lost vegetation be restored?

 

Sanitation Department:    OK

 

Police Department:          No comments provided

 

Fire Department:                         No comment

 

Southwestern Bell:          Any utilities needing moved will be at owner’s expense (Applicant notified)

 

Westar Energy:               No comments

 

Aquila, Inc.:                    No comments received

 

Southern Star Central Gas:            No comments received.

 

Planning:                       

1.       Set time limit to complete project.

2.       Fill will need to be setback from future right-of-way lines.

 

C.        STAFF REVIEW

 

The subject property is located on the southwest corner of 15th Street and Haskell Ave. The property includes 7 acres with a single-family detached dwelling located on the eastern portion of the property. The proposed TUPR is to allow placement of fill material on the site in an effort to re-grade and “level” the property. The applicant has not indicated a desire to subdivide the property at this time.

 

Earth moving activities are subject to the regulations set forth in Section 20-1419 per Section 20-1413 of the City of Lawrence Zoning Regulations. Section 20-1419 states:

 

“…depositing of construction material, clay earth, gravel, minerals, rock, sand or stone on the ground shall not be construed to be a permitted use in any district except M-3 (Intensive Industrial) District, unless and until a “Temporary Use Permitted upon Review” application shall first be approved as provided in Section 20-1612...”

 

A site plan has been submitted to show both the existing and proposed topography of the subject property and the existing building improvements.  

 

It was noted during the review of the proposed fill that additional right-of-way will be required for future improvements. Any proposed fill activity should be located outside of the future right-of-way to result in the least amount of disturbance. The proposed site plan reflects this situation.  Staff recommends that the setback be staked along E. 15th Street and Haskell to assure grading is not changed along those boundaries during the placement of fill material on this site. 

 

Zoning and Existing Development

The subject property is zoned RS-2 (Single-Family Residence) District and is developed with an existing single-family residence. The proposed fill will not alter that zoning district or land use. 

 

Access

Driveway access is provided from Haskell Ave as a residential driveway. No changes are proposed as part of this proposed fill.  The plan indicates that all staging and employee parking will occur on-site.

 

Summary and Conclusion

Section 20-1419 and Section 20-1621 require approval of a TUPR by the City Commission prior to the fill activity. The proposed site plan documents the existing conditions of the site including the existing and proposed contours.  The site plan provides adequate information to reasonably review the proposed fill project. The subject property is not located within the regulatory floodplain and does not require a floodplain development permit.  The duration of the project shall parallel that of the existing stormwater improvement project in the area intended to be completed within the next 12 months.

 

The site was stripped of vegetation in preparation of the fill activity. There are no requirements to re-landscape the property other than in conformance with stormwater runoff controls.   Staff recommends that the property be reseeded following the grading project. Street trees will be required if and when the property is platted.