Memorandum

City of Lawrence

Utilities Department

TO:	David L. Corliss – City Manager Cynthia Wagner - Assistant City Manager Diane Stoddard - Assistant City Manager
FROM:	John Shutak – Utilities Engineer
CC:	Dave Wagner – Director of Utilities Mike Lawless – Asst. Director of Utilities Philip Ciesielski – Asst. Director of Utilities Scott McCullough – Director of Planning and Development Services Dan Warner – Long Range Planner
Date:	February 13, 2012
RE:	February 21, 2012 Agenda Item – Department of Utilities comments for Site Plan SP-12-82-11, 720 E. 23^rd Street Raco Carwash

Consider waiver request by Grob Engineering Services, LLC from City Code section 19-214(C) with respect to site plan SP-12-82-11, 720 E. 23^rd Street Raco Carwash.

Project Description:

The subject property is located at 720 E. 23^rd Street as shown on the attached map. The current use of the property involves the operation of an automotive detailing and accessories retail business, five self service carwash bays, one automatic car wash bay, and six self service vacuum bays. There is a single sanitary sewer service connection to the public 10” VCP sewer line and a single metered connection to the public 8” PVC water line that serve the existing structures on the site. Public sanitary sewer and water lines are located along the north side of 23^rd Street.

The proposed improvements to the site include the modification of two of the existing carwash bays to create an express lube service and modification of the existing vacuum bays to accommodate additional parking as shown on the attached site plan.

Project Details:

The Department of Utilities provided comments at the time of site plan submittal with references to City Code section 19-112 and 19-214(C) stating that separate premises require separate sanitary sewer and water service. Staff requested that the applicant, Grob Engineering Services, LLC, include separate sanitary sewer and water service connections for the existing automotive detailing and accessory building and the proposed express lube service building. These comments were based on the interpretation that the proposed express lube service building is considered a separate establishment and therefore requires separate sanitary sewer service per the provisions of City Code section 19-214(C).

Department of Utilities, Legal, and Finance staff have consistently interpreted City Code section 19-214(C), with respect to commercial or industrial establishments, that individual buildings, regardless of ownership, constitute separate establishments and therefore must maintain separate sanitary sewer service connections. Recent projects where this interpretation has been applicable include SP-9-58-11, 4601 Clinton Parkway (Raintree Montessori School), SP-10-66-11, 1102 W. 24^th Street (Garage Remodel to Rental Office/Maintenance Shop), and MS-5-2-11, 4311 W. 6^th Street (Pinnacle West No. 10 a minor subdivision of Lot 11A Pinnacle West No. 9).

The purpose of the provisions of City Code section 19-214(C) is to address issues that arise due to ownership changes either through a formal division of the property or sale of individual buildings. Issues can include the long term ownership and maintenance of service connections, damage to separate establishments in the event of a service line failure or blockage, and billing disputes related to water usage.

Following receipt of the applicant’s response to comments dated January 19, 2012, staff immediately requested clarification from the City Attorney’s office on the interpretation of City Code section 19-214(C) and received the attached response. This response was forwarded to Grob Engineering Services, LLC as shown in the attached email correspondence.

Staff have confirmed that there are no provisions in the adopted building codes for the City of Lawrence that contradict City Code section 19-214(C).

The applicant has requested a waiver from the provisions of City Code 19-214(C) per the attached letter. City Code section 19-214(E) does state that the provisions of City Code section 19-214 may be waived by the City Commission.

City Code:

The following sections of City Code are included for your reference in consideration of this matter.

19-112 SEPARATE INSTALLATIONS

Separate premises shall have separate service pipe installations and shall be separately metered. (Code 1979, 19-112)

19-214(C) LOCATION REQUIREMENTS FOR PUBLIC SANITARY SEWER MAINS AND PRIVATE SANITARY SEWER LINES

A private sanitary sewer service line shall only serve one residential dwelling unit or a single commercial or industrial establishment. Each dwelling unit that requires a separate water meter per unit pursuant to Chapter 19, Article 1 of the City Code shall also require a separate private sanitary sewer service line that directly connects to the City sanitary sewer main. Duplexes are considered two distinct residential dwelling units and thus require two separate private sanitary sewer service lines that both connect directly to the City’s main. An additional residential sanitary sewer connection (i.e. for a swimming pool, etc.) may be allowed with approval of the City Engineer, provided that such additional connection shall be assessed an additional sewer tap fee and system development charge. (Ord. 7743)

19-214(E) The provisions of this Section 19-214 may be waived by the City Commission upon a finding that the requirements of this Section create a hardship on the property owner or that the characteristics of the property are unique in comparison of other properties in the general area. (Ord. 7743)

Costs:

The connection to the public sanitary sewer and waterline does affect the overall cost of the project. Unit costs for the installation of sanitary sewer and water service lines were obtained from a local contractor for estimating purposes. The total cost of construction may vary depending on actual site conditions and it is recommended that the applicant obtain competitive bids for the work. System Development Charges and installation fees, based on a 5/8” water meter (commercial classification), set forth by the City are also included in the following table:

Item Description	Qty	Unit	Unit Cost	Total Cost
System Development Charges (Water and Wastewater based on 5/8” water meter, commercial use)	1	LS	$4,530.00	$4,530.00
Water Meter Installation Cost (performed by City staff includes water service tap, water service line to meter, meter pit, meter setter, and meter lid)	1	LS	$435.00	$435.00
Water Service Line (performed by private contractor includes trenching, water service line, backfill , pavement restoration, and connection to the existing building service line)	105	LF	$42.00	$4,410.00
Sanitary Sewer Service Line (performed by private contractor includes sanitary sewer tap, trenching, 4” PVC sanitary sewer service line, backfill, pavement restoration, and connection to the existing building service line)	105	LF	$80.00	$8,400.00
			Total	$17,775.00

The total estimated cost of construction, as listed in the site plan application, is $250,000.00. The above costs represent a 7.1% increase to the total project cost.

While the costs listed above do affect the overall cost of the project, there is value realized in performing the work necessary to establish separate sanitary sewer and water service connections in conjunction with the other site improvements. Staff anticipate that the costs would increase if the work were to be performed independently of the overall scope of work indicated site plan.

Summary:

Based on a review of the site plan, supporting documentation, and past precedents by Department of Utilities, Planning and Development Services, Legal, and Finance staff it is the collective opinion of staff that the waiver request cannot be supported.

Action Request:

Deny waiver request by Grob Engineering Services, LLC from City Code section 19-214(C) with respect to site plan SP-12-82-11, 720 E. 23^rd Street Raco Carwash.

Thank you for your assistance. Please advise if you have any questions.