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PLANNING COMMISSION REPORT SUMMARY
REGULAR AGENDA - NON-PUBLIC HEARING ITEM |
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ITEM NO 11A: ANNEXATION OF 54 ACRES; NORTHWEST OF CLINTON PARKWAY AND K-10 HIGHWAY (NORTH OF JUDY’S JUNCTION) (SLD) A-01-01-05: Annexation request for approximately 54 acres, located northwest of Clinton Parkway and K-10 Highway (north of Judy’s Junction). Submitted by Bob Voth for Windover Community at Lawrence, LLC, property owners of record.
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STAFF RECOMMENDATION: Staff recommends denial of the requested annexation of approximately 53 acres located northwest of Clinton Parkway on the west side of Highway K-10 and forwarding it to the City Commission with a recommendation for denial based on the fact that the application is premature.
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Applicant’s Reason for Request: |
Affordable housing development. See attachment of Applicant’s description. |
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KEY POINT Request is for annexation of 54 acres for residential development · Subject property is located within the Urban Growth Area. · Request represents first development proposal of area upstream from existing urban water source · Major utility and service extensions are required to serve proposed development. |
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COMPREHENSIVE PLAN CONSIDERATION
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · E-mail from Clark Coan regarding impact to Clinton Lake. |
NON-PUBLIC HEARING ITEM:
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ITEM NO. 11A: |
ANNEXATION OF 54 ACRES; NORTHWEST OF CLINTON PARKWAY AND K-10 HIGHWAY (NORTH OF JUDY’S JUNCTION) (SLD) |
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A-01-01-05: Annexation request for approximately 54 acres, located northwest of Clinton Parkway and K-10 Highway (north of Judy’s Junction). Submitted by Bob Voth for Windover Community at Lawrence, LLC, property owners of record.
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GENERAL INFORMATION | |
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Current Zoning and Land Use: |
A-1 (Suburban Home Residential) District; undeveloped agricultural property.
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Surrounding Zoning and Land Use: |
A (Agricultural) District to the north; undeveloped agricultural property.
A-1 (Suburban Home Residential) District to the east and west; undeveloped agricultural land
B-3 (Limited Business District) to the south; existing commercial providing recreation related services. |
Site Summary | |
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Gross Area: |
54 acres |
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Proposed RS-2 (Single-Family Residence) District |
8.7 acres |
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Proposed RM-D (Duplex Residential) District |
4.6 acres |
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Proposed RM-2 (Multiple-Family Residence) District |
40 acres |
STAFF REVIEW
Annexation Procedure and General Location:
The site is generally described as being located north of Clinton Lake. Kansas Law provides for annexation by ordinance of the City Commission with property owner consent [KSA 12-520]. Before the City can proceed with the annexation, the County Commission must make a finding that the annexation will not hinder or prevent the proper growth or development of the area or that of any other incorporated city within Douglas County. This request must also be considered by the County Commission prior to annexation by the City.
Lawrence City policy requires the Lawrence-Douglas County Metropolitan Planning Commission review all annexation requests in excess of ten acres. Upon annexation, the property is required to be rezoned to a compatible city classification. Related rezoning requests have also been submitted for a variety of residential densities.
Site Characteristics:
The subject property is not adjacent to any current city limits. The property is gently rolling and abuts Clinton Lake property along the south property line. Access to the site is provided via an existing county road along the east property line. No other streets currently provide access to the property. The site is undeveloped and is currently used for agricultural activities.
The subject property is included in the Clinton Reservoir Area Mini-Comprehensive Plan (March 1974) as well as Horizon 2020. No other in depth study of the area has been conducted to date by the community.
Infrastructure and Utility Extension:
The subject property is undeveloped and currently not provided with a services. All services would have to be extended to serve this property. Upon annexation necessary utility services would need to be extended. Any utility extension must be consistent with master plans for these specific facilities. The subject property is located within Service Area 3 of the UGA. This relates to the timing and provision of utility extensions and the development of various areas of the Urban Growth Area. This element is also discussed as it relates to the Comprehensive Plan below.
City Water: The subject is outside of the current city limits and is not provided with a public supply of water at this time. City staff estimates that approximately 5000’ of a minimum 12” line must be extended and must also cross K-10 Highway to provide service to this property. As this property is located “upstream”, water quality issues for Clinton Lake should be considered.
Sewer: The subject property is located within the Yankee Tank Sewer Benefit District. According to the Utility Department the proposed application does not conform with the city’s 2004 Wastewater Master Plan. The location and design of the proposed lift station must be revised. A specific study of the watershed would be required to assess impacts on the current system and evaluate designated capital projects that may be affected by the proposed development. It was also noted that staging of the development may be necessary to preserve capacity for other areas within the community, UGA, and closer service areas. Significant information is needed to evaluate the proposed request. Improvements in this area are not planned for this area before the year 2020.
Private Utilities: Electric, phone, and gas, extensions would have to be made to this property. There are no active development plans at this time. A copy of the concept map was provided to Southwestern Bell to provide base documentation for service delivery and planning for this area.
Public Right-of-Way: The only access to the subject property at this time is via Clinton Parkway & K-10 Highway interchange. Overall street network connections are limited in this area. The Major Thoroughfares Map indicates that E 900 Road along the east property line would be a future arterial street. An additional future arterial street would be located along approximately the north line of the subject property. The subject property represents the southern boundary of any development as it abuts Corps property and streets would not be extended to the south without specific permission and coordination.
Other Services: A recent study of existing and proposed emergency response facilities found the subject property to be located beyond current and future 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 southeast from a property recently purchased for school district use. This property is not currently developed with an elementary or other school elementary school. Residents utilizing school district facilities would be directed to the Langston Hughes facility to the northeast. The School District has been advised of the proposed development and does not have a specific comment on the proposed annexation or development of the subject property.
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. Additional study of Service Area 3 should be considered prior to proceeding with the proposed annexation.
COMPREHENSIVE PLAN:
The subject property is located within Service Area 3 of the Urban Growth Area as shown in Map 3-1 of Horizon 2020. This area is anticipated for development in the future, coincident with the improvements, construction and extension of major utilities and streets.
Service area 3 is described as follows:
§ Service Area 3. Service Area 3 is planned primarily for residential development. It currently lies far west of the existing city limits. Map 3-1 depicts this Service Area in two parts, 3A and 3B; this division reflects a natural ridgeline within the Service Area. Sanitary sewer services have been planned and will be more readily available in Service Area 3A before they will be extended beyond the ridgeline in to Service Area 3B.
Development of this area should be conditioned upon substantial development of comparable property (generally bounded by Wakarusa Drive on the east) located in Service Area 1 to ensure the proper extension of utilities and the efficient provision of other public services. Developing Service Area 3 is not dependent upon the entire build out of all Service Area 1 locations; the Plan provides guidance in the development of comparable properties to reduce the likelihood of leapfrog development and premature utility extensions. Additionally, the SLT divides this area from the remainder of Lawrence. Ideally, Service Area 3 should be planned as a unified development with the benefit of access derived from the Trafficway to minimize traffic congestion.
Until this area is endorsed for urban development, residential lots shall be a minimum of 5 acres in area, and non-residential development will not be permitted. An interim mechanism should be developed to provide for future right-of-way and easement dedications as development occurs beyond the city limits so that, as the city grows, planning occurs for future connection to city infrastructure.
Development of this area is also conditioned upon an overall increase in the wastewater treatment capacity of the city to permit service to the area.
The City Commission recently denied annexation of a smaller tract of land located on the east side of K-10 Highway and discussed the need for an area plan prior to annexation consideration. Horizon 2020 specifically recommends development be conditioned upon an overall increase in the wastewater treatment capacity of the city to permit service to the area. The Utility Department noted in staff review that the City Commission goals are to limit development to areas designated as Service Level 1. The subject property is in Service Level 3. Development of the subject property is contrary to this stated goal.
Several goals and policies are provided in Horizon 2020 related to development timing and are found in Chapter 4, Growth Management. The following goals and policies are applicable to consideration of this request:
Policy 1.1: Establish Residential and Commercial/Industrial Development Standards for Growth within Urban Growth Areas [based on adopted development policies of other communities as well as Lawrence]
a. Direct all development to the corporate limits of municipalities and avoid leapfrog development.
b. Impact studies can be provided by the proponent to demonstrate the community benefit and associated community costs for development proposals within the UGA’s.
c. Site layout and design of developments should be planned with attention to natural topography and drainage, adjacent land uses, access and service availability.
d. Priority should be given to developments proposed in conformance with adopted Plans for infrastructure extensions.
e. Placement of developments should comply with the intent of Locational Criteria Policies for residential and non-residential land uses as identified in the Plan. [Locational Criteria are found in Low-Density Residential Land Use, Goal 1; Commercial Land Use, Goal 3; and Industrial and Employment-Related Land Use, Goal 1]
Policy 1.3: Limit Premature Development
a. Encourage the gradual expansion of urbanization outward from corporate limits to avoid leapfrog development. Require annexation or agreements to annex for developments in the UGA’s which are not contiguous to the city limits.
b. Require property contiguous to the city limits to annex prior to development.
Policy 1.4: Establish Utility Extension Policy for Newly Annexed Areas
a. Develop a utilities extension policy for Lawrence which ensures phasing for connection of all development in its UGA to water and wastewater services as property is annexed into the city.
b. Proposed developments based on planned growth areas will be given priority over proposals inconsistent with utility plans.
Policy 1.5: Encourage Annexation
a. Adopt an overall annexation policy and plan.
b. Require property contiguous to the city limits to annex prior to development.
c. Require developers of property not contiguous to the city limits, but within the UGA, to execute agreements to annex (upon availability of city water and sewer services) to ensure the unencumbered extension of municipal services to properties within the UGA.
GOAL 3: Annexation Policy
To implement the goals of the Comprehensive Plan, to provide for the orderly development of the community and to provide areas of land which will receive municipal services that can accommodate the residential, commercial and industrial growth of the community, it will be necessary to annex additional land into the incorporated municipal boundaries of Lawrence, Eudora, Baldwin City and Lecompton.
Policy 3.1: Areas Immediately Adjacent to the City Limits
a. Areas immediately adjacent to municipalities (Lawrence, Eudora, Baldwin City and Lecompton) should be encouraged to annex voluntarily if utility services are available to them.
b. Developments in need of the extension of city utilities or city services shall first be required to annex.
c. Properties within the UGA’s should be encouraged to annex consistent with a service delivery plan.
Policy 3.2: Proposed Annexation Areas
a. Unilateral annexation should be initiated to include those areas which are needed to complete sewer or water line extensions for a closed (looped) system.
b. To ensure stormwater quality control, to avoid increasing the incidence of flooding due to development, and to provide land needed for residential, commercial and industrial development, the long-range annexation program of Lawrence should cover entire watershed areas. [See Map 2-3]
c. A broad mosaic for future land uses proposed for near-term annexation areas are set forth in the Plan’s land use maps. [See Map 3-1]
Policy 3.3: Specific Annexation Policies
a. Lawrence will proceed with annexation of 'unincorporated islands' which are completely surrounded by the city in the immediate future.
b. Whenever an opportunity arises to annex portions of the immediate growth areas, such annexation should be executed by the City Commission.
c. To encourage requests for annexation, Lawrence shall deny extensions of utility services (primarily sanitary sewers) beyond the incorporated limits of the city.
d. Lawrence and Douglas County should cooperate in management of non-farm land uses and development within the identified annexation areas (UGA). This cooperation should specifically address four planning concepts:
i. The recognition that watershed basins are natural boundaries for defining and regulating future expansion(s) of Lawrence.
ii. County approval of development in the UGA should not occur without a provision for central sewers, an interim treatment facility, or other on-site wastewater management systems.
iii. Street right-of-way widths for county subdivisions should be required to comply with appropriate street standards as land is subdivided within the UGA.
iv. Subdivisions within the city or county should not be approved when lots front directly onto future arterial streets. Access should be permitted only to dedicated streets which intersect arterial streets.
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 an evaluation of annexation policies and execution of a specific area plan for Service Area 3 prior to consideration of specific development proposals.
Horizon 2020 allows for the initiation of development within Service Area 3 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.
Other Development Issues:
· The plan does not address other public services such as police, fire, library, or government services as they relate to annexation. It has been noted that the subject property and remaining surrounding area are outside of the current urban fire protection response area. Additional planning will be required for public facilities to implement improvements to serve the areas covered by the Urban Growth Area as it is annexed into the City.
This issue has been discussed at the staff level and recognition of on-going planning efforts by other City service departments will continue. There is no specific site selected for a future fire station at this time that would cover this area.
· The arterial and collector network is conceptual at this point and must be facilitated through the development process that establishes the necessary right-of-way. Development of individual properties shall conform with these adopted plans.
· 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.
· These concerns were framed for the applicant in meetings with staff. A recommended course of action was to proposed a revision and amendment of the comprehensive plan with regard to utility extensions, contiguity to city limits and “residential density” proposals that address “affordability” from the applicant’s perspective. The applicant has identified the provision of affordable housing as a competing goal in Horizon 2020 and has suggested it should be advanced despite the lack of adjacency in service area issues. There was no conclusion to this issue at the staff level.
SUMMARY OF LAND USE AND REQUEST:
The subject property is located within the area anticipated for future urban growth. 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. A more detailed discussion of the appropriate land use is included in the rezoning reports. The Comprehensive Plan indicates that expansion of the city limits in this area is anticipated and expected.
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 Lawrence will actively seek voluntary annexation of land within the Urban Growth Area as development is proposed”. This annexation request is an initial development proposal in the area south of Bob Billings Parkway Street extended west of the K-10 Highway. It is also an initial development in the “Marina” Watershed. The subject property is not immediately contiguous to existing city limits. Contiguity, as recommended per Annexation Policy number 2, is not provided for in this application. The Comprehensive Plan supports a proactive annexation plan that ensures adequate facilities and services. The Plan specifically recommends annexation of “areas which are needed to complete sewer or water line extensions for a closed (looped) system” per Growth Management Goal 3, Policy 3.2.a.
As discussed above, the proposed request is inconsistent with the recommendations for annexation.
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Recommendation: Staff recommends denial of the requested annexation of approximately 54 acres located northwest of Clinton Parkway on the west side of Highway K-10 and forwarding it to the City Commission with a recommendation for denial based on the fact that the application is premature.
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