Memorandum

City of Lawrence

Planning Department

 

TO:

David L. Corliss, City Manager

 

FROM:

Planning Staff

 

CC:

Scott McCullough, Director of Planning and Development Services

 

Date:

December 12, 2012

 

RE:

MS-12-00295: North Lawrence Levee Right-of-Way; Accept right-of-way and vacate rights-of-way for a portion of the Kansas River Levee located west of N. 1st Street

 

Please place the following item on the City Commission consent agenda for consideration at their December 18, 2012 meeting: Accept dedication of right-of-way and vacate excess right-of-way for a portion of the Kansas River Levee generally located between Elm Street (extended) and Lyon Street (extended) west of N. 1st Street. Submitted by Paul Werner Architects. The City of Lawrence, Douglas County Kaw Drainage District, and Kaw River Estates, LLC are all owners of portions of the levee property.

 

ATTACHMENTS

1.    Letter from Applicant

2.    Attachments to applicant’s letter

3.    Letter to City Manager

4.    ROW dedication exhibit

5.    Minor Subdivision

6.    Corps of Engineers Letter

 

PROJECT BACKGROUND

This request is related to the proposed development known as the North Massachusetts Street Project. That project includes several rezoning applications that establishes CD (Downtown Commercial) Zoning north of the Kansas River and a preliminary plat, North Lawrence Riverfront Subdivision (PP-2-1-12), currently being reviewed.

 

As a part of the development project, this Plat of Levee Right-of-Way has been prepared to provide a defined boundary for the portion of the Kansas River Levee located in the project limits.  The existing property description for the Levee is described in the construction drawings prepared for the Corps of Engineers in 1982.  The property description in the construction plans does not include the levee toe-of-slope at the south end of the project area.  It also includes excess property between Locust Street & Perry Street and also at the north end of the project area.  This plat will vacate those excess areas and include additional property already owned by the City at the south end of the tract.

 

This Plat of Levee Right-of-Way establishes the east boundary of the levee tract to completely include the existing levee toe-of slope.  The establishment of a consistent east boundary allows the applicant to proceed with design development of the North Mass Street Project.

 

The dedication paragraph indicates that this document transfers ownership to the City by way of dedication of right-of-way. Additionally, areas that are not specific to the levee structure are vacated with this project. The drawing shows the City transferring “levee” property to Kaw River Estates LLC (portions of Lots 70-74 between Perry & Lincoln Streets). 

 

The Purchase Agreement indicates that the City has the right to reserve land from the toe of the levee extending in-land 35 feet, if in consultation with the Corps, it is determined to be necessary to protect the stability of the levee.  The plat shows the new boundary to be 5 feet from the toe of the levee. This design is consistent with plans for redevelopment of the site and has been approved by the Corps of Engineers.

 

ASSOCIATED CASES/KEY POINTS

·         PP-2-1-12; Preliminary Plat Lawrence Riverfront Subdivision

·         Z-12-29-11 thru Z-12-36-11 (excluding Z-12-31-11). IG (General Industrial), CS (Commercial Strip) and OS (Open Space) Districts to CD (Downtown Commercial) District;  20.36 total acres including rights-of-way approved by the Planning Commission on February 27, 2012. City Commission approved the rezonings on May 1, 2012.

·         Total Area included in Levee tract:  9.23 acres

·         Recording of Minor Subdivision with Register of Deeds Office.

 

Action Requested

City Commission acceptance of revised right-of-way description that includes both the dedication and vacation of right-of-way for portions of the Kansas River Levee.