December 9, 2004

HAND-DELIVERED

Mr. Paul Patterson

City/County Planner

Lawrence-Douglas County Metropolitan Planning Office P.O. Box 708

Lawrence, KS 66044-0708

Re: AutoExchange — 33^rd and Iowa

PDP-04-02-04

Dear Paul:

As we previously discussed, this office represents AutoExchange, Inc., in connection with the referenced application for approval of a Preliminary Development Plan for an automobile dealership at 33^rd and Iowa. We have reviewed your letter to Paul Werner dated November 23, 2004, and the conditions set forth therein. Proposed Conditions 2-5 are acceptable to AutoExchange, but not No. 1 or No. 6.

In order to reflect the conditions stated on the Final Plat for the Dunigan Subdivision and the practical and acknowledged realities of redeveloping this lot, we ask the City Commission to replace Condition 1 with the following:

1. The City of Lawrence has determined that the entrance to the subject property shall be by means of a cross-access easement referenced on the Final Plat of the Dunigan Subdivision, which easement shall extend from the south end of the subject property, west across Lot 3A, and then north along the existing Neider Road from Lot 3A to 33^rd Street.

As to No. 6, we ask the City Commission to modify the condition as follows:

6. Existing 33^rd_ Street access_______________ shall be eliminated if The exit from the subject property shall be a right-out onto 33^rd Street as shown on the Preliminary Development Plan, unless the City can provides an alternate access exit to a public right-of-way

Mr. Paul Patterson

Lawrence/Douglas County Planning Office December 9, 2004

Page 2

from the north one-third of the subject property, in which event the existing 33^rd Street right-out exit shall be eliminated.

We understand the Condition No. 6 was added at the tail end of Planning Commission discussion on the Plan, and that there was little opportunity for specific analysis or discussion prior to the vote. Because of the way the condition has been worded, we do not believe it is entirely clear what the Planning Commission intended. The revision we are proposing is to make clear that there needs to be traffic flow through the site.

The Plan for this property includes two drives — an entrance at the south end (through Uno's lot), and an exit on the north end. There were discussions whether to exit with the right-out onto 33^rd Street, or to exit into Culver's lot, but there have always been two drives to accommodate traffic flow from south to north. Paul Werner indicated he presented drawings to staff, showing the exit through Culvers' lot, but staff recommended against such a plan.

In our telephone conversation yesterday afternoon, you indicated you interpret Condition 6 to mean that the 33^rd Street exit would be taken away if the City provides only one point of public access at the south end of the AutoExchange property. However, that would leave only one drive for ingress and egress, and would eliminate the circulation of traffic through the project. If vehicles could enter and exit only at the south end of the property, there would be two-way traffic on the narrow driveway, and visitors to the site would have to execute a difficult three-point maneuver at the north end. If a fire truck were to enter the property from the south, it would have no place to go, except to back out. The property is simply too narrow to accommodate such a configuration.

The Minutes from the Planning Commission meeting also indicate the Commissioners "understood that [closing the 33^rd Street curb cut] would make the lot unsuitable for the proposed business"—even with the existing drive at the south end. Also, during later discussion on Condition 6, "it was pointed out that closing the 33^rd Street access point would make the development plan dysfunctional." Based on the discussion, it is apparent the Commission considered the alternate access in Condition 6 to be a substitute for the 33^rd Street exit, but did not contemplate providing only one drive for ingress and egress.

To make traffic flow in and out of the property in a reasonable manner requires an entrance on the south end and an exit on the north end. If the City is able to provide an exit through Culver's lot to 33^rd Street, AutoExchange is willing to give up its direct access. However, an exit at the north end of the property is essential.