NON-PUBLIC OR PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT SUMMARY

ITEM NO. 5B: FINAL PLAT FOR ST. MARGARET’S EPISCOPAL CHURCH ADDITION; 5700 W. 6^TH STREET (JLT)

SUMMARY

PF-09-31-04: Final Plat for St. Margaret’s Church Addition. This proposed addition contains approximately 10.00 acres and is located at 5700 W. 6^th Street. Submitted by Landplan Engineering, P.A., for St. Margaret’s Episcopal Church, property owner of record.

STAFF RECOMMENDATION: Approval of the Final Plat for St. Margaret’s Episcopal Church Addition based and forwarding to the City Commission for acceptance of easements, subject to the following conditions:

1. Provision of the following fees and recording documentation:

a. Current copy of paid property tax receipt at the time of submittal of the final

plat for filing;

b. Recording fees made payable to the Douglas County Register of Deeds; and

d. Submittal and approval of a Master Street Tree Plan.

2. Execution of a Temporary Utility Agreement; and

3. Execute an Agreement Not to Protest the Formation of a Benefit District for street improvements on Stoneridge Drive.

4. Correct legal description and ownership label to the west.

Applicant’s Reason for Request:

Preliminary and Final Plat associated with church expansion project.

KEY POINTS

· Access to the site will occur from Stoneridge Drive (formerly Fenceline Road).

· A number of permanent easements (as reflected on the Final Plat) are required for this plat.

· Concurrent submission of preliminary and final plat granted by the Planning Commission, September 22, 2004.

ASSOCIATED CASES/OTHER ACTIONS

Item 5A: PP-09-23-04, Preliminary Plat for St. Margaret’s Episcopal Church
SP-08-52-04, Site Plan for St. Margaret’s Episcopal Church

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

No public comment received.

NON-PUBLIC HEARING ITEM:

ITEM NO. 5B: FINAL PLAT FOR ST. MARGARET’S EPISCOPAL CHURCH ADDITION; 5700 W. 6^TH STREET (JLT)

SUMMARY

GENERAL INFORMATION

Current Zoning and Land Use:

RS-1 (Single-Family Residence) District; church and parking lot.

Surrounding Zoning and Land Use:

RS-1 (Single Family Residence) District adjacent to east; vacant future City water tower site.

A (Agricultural) District in all four geographic directions; farm and pasture lands. Farm residence to the south.

Proposed RM-1 (Multi-Family Residential) and RM-D (Multi-Family Dormitory) to north as part of Oregon Trail Addition (Items 13A & 13B)

Reason for Request:

Church expansion project facilitated by the acquisition of church lands by KDOT for Hwy 40/W. 6^th Street improvement project.

Site Summary:

Gross Area:	372,048 sq. ft. / 8.54 acres
Net Area:	372,048 sq. ft. / 8.54 acres
# of Lots:	1

STAFF REVIEW

City Code Section 21-104 requires platting for all property within the incorporated city limits of Lawrence prior to the issuance of a building permit. A site plan, SP-08-52-04, Site Plan for St. Margaret’s Episcopal Church is currently under review in the Planning Office. The applicant hopes to take both the Final Plat and the Site Plan to the Lawrence City Commission for final action sometime in November 2004.

St. Margaret’s Church proposes to add a 25,033 g.s.f. addition to an existing sanctuary and expand the church’s parking lot to accommodate the increase in sanctuary seating.

As part of a KDOT Hwy 40/W. 6^th Street improvement project, the church has lost its sole access point off of W. 6^th Street. An agreement between the church, the City of Lawrence and KDOT will result in the church taking access from improved Stoneridge Drive and through City-owned property via a permanent ingress and egress easement.

Previous Planning Commission Action

At its September 22, 2004 meeting, the Planning Commission voted 8-0 to allow concurrent submission of the preliminary and final plats for St. Margaret’s Episcopal Church due to a six-month deadline imposed by KDOT to close its sole access point on W. 6^th Street.

Other Easements/Rights-of-Way

A number of easements and rights-of-way are for controlled access highway and public utilities as part of KDOT Project #40-23K-6880-01 and are described in Tract 5 of Condemnation Case #03-C-311, District Court of Douglas County, Kansas, recorded November 25, 2003. They are:

· Stoneridge Drive – Permanent easement for controlled access, highway right-of-way;

· Stoneridge Drive – Permanent easement for public and utility purposes;

· Stoneridge Drive – Permanent easement for ingress and egress;

· W. 6^th Street – Temporary easement for the construction of an entrance;

· W. 6^th Street – 50’ permanent easement for public and utility purposes; and

· W. 6^th Street – 35’ permanent easement for controlled access, highway right-of-way.

Other easements are on file with the Douglas County Register of Deeds. They are:

· Stoneridge Drive – Permanent easement for public utilities, recorded Book 591, Page 117;

· Stoneridge Drive – Permanent easement for public utilities, recorded Book 584, Page 567; and

· W. 6^th Street and Stoneridge Drive -- Permanent easement for public utilities, recorded Book 722, Page 113.

Rights-of-Way

· 75’ existing right-of-way, W. 6^th Street

· 40’ right-of-way, Stoneridge Drive

CONFORMANCE

The St. Margaret’s Episcopal Church Addition Final Plat complies with the requirements of Section 21-302, FINAL PLAT. The lot corners have been pinned. The plat indicates access and utility easements and rights-of-way.

STAFF RECOMMENDATION: Planning Staff recommends approval of the Final Plat for

St. Margaret’s Episcopal Church Addition and forwarding it to the City Commission for acceptance of easements, subject to the following conditions: