PLANNING COMMISSION

Meeting minutes

December 2005

______________________________________________________________________________

December 12, 2005 – 7:00 p.m.

Commissioners present: Burress, Eichhorn, Erickson, Ermeling, Haase, Harris, Krebs, Lawson and Riordan

Staff present: Finger, Stogsdill, Patterson, Pool, Ahrens, Day and Saker

______________________________________________________________________________

MINUTES

Haase had a written addendum to the November minutes. There were no objections to adopting Haase’s addendum.

Lawson noted that on p.9 mention is made to a motion by Commissioner Jennings and Ermeling but then goes on to show Jennings voted in opposition. The Commission deferred action on this tonight until Jennings is present on Wednesday. Staff will clarify the issue.

COMMITTEE REPORTS

Mid-Month: The meeting was dedicated to the continued discussion on principles of New Urbanism.

Transportation 2030: This group met and received from Ahrens a schedule that would bring the work of preparing the long-range transportation plan to conclusion by May 2007, with work required to be done by September 2007.

Comprehensive Plans Committee: This group had nothing of substance to report.

Community Design Committee: This group is working on a letter to accompany a request for an RFDP for a consultant to participate in New Urbanism.

TAC: This group had nothing of substance to report.

COMMUNICATIONS

Staff outlined the following communications:

MINUTES: Preliminary Plat for Mears Addition

Letter from John Haase concerning the Mears Addition Preliminary Plat which was approved with conditions at the November Planning Commission meeting. The letter clarifies the ‘transitional plat’ requirement, one of the conditions of approval.

ITEM 2: PF-10-39-05; Final Plat for Doolittle Subdivision; North of Overland Drive, South of Trail Road Between Eldridge Street & Monterey Way

Letter from the League of Women Voters of Lawrence-Douglas County for Doolittle Subdivision, and all plats in general, suggesting that provisions for stormwater management requirements on individual lots and covenants to insure maintenance of drainageways and detention storage areas be placed on all final plats.

ITEM 3: PF-10-40-05; Final Plat for Tomlinson Addition; 180 N 250 Road

Memo from Staff with revised conditions of approval.

ITEM 9: UPR-10-10-05; Use Permitted upon Review for Lawrence Pump Station #2; 570 Walnut Street

Letter from Mel Young, neighboring property owner, questioning why the city doesn’t acquire the lots west of the proposed pump station to prevent small lot development in the area.  He is also concerned that the survey may have been done off of a previous faulty survey and the stakes may be placed incorrectly.

ITEMS 15A-C: 

Z-03-17-05; PRD-2 to PCD-2;

Z-07-48-05; PCD-2 to PCD-2 W/Revised Use Restrictions; and

PDP-03-02-05; Preliminary Development Plan for Bauer Farm;

All North of W 6^th Street between Wakarusa Drive and Folks Road

Letter from League of Women Voters forwarding a copy of their original letter expressing their concerns with the plan design and waiver requests.

ITEMS 16A-F:

Z-06-38-05; A to RM-D

Z-06-39-05; A to RM-2

Z-06-40-05; A to RS-2

Z-06-41-05; A to M-1

Z-06-42-05; A to C-5 and

PP-06-16-05; Revised Preliminary Plat for Fairfield Farms East Addition;

All south of K-10 Highway Between O’Connell Road and Franklin Road

Letter from League of Women Voters urging the Planning Commission to refrain from rezoning or platting any land in the southeast area until there has been an Area Plan adopted.

MISC 1: PP-06-15-05; Preliminary Plat for Cypress Park Addition.

Letter from the League of Women Voters expressing concern with the ‘shared driveways’ included in the plat. They suggest that a maintenance agreement between the owner of Lot 4 and the other lots sharing the drive be referenced on the final plat. They also urge the Planning Commission to include in the new zoning code a definition of “shared driveway” that distinguishes it from a private street.

MISC 2: 6^TH Street Boulevard Right of Way Requirements

Memo from Staff explaining the design elements which would determine the right-of-way requirements if 6^th Street were to be reconstructed to a boulevard-type design. Examples are included of other cities’ arterial streets designs with center medians

MISC 3: Holiday Gathering

Invitation from Grant Eichhorn for Planning Commissioner’s holiday get together/festival.

EX PARTE / ABSTENTIONS / DEFERRAL REQUESTS

Message from Marguerite Ermeling concerning a meeting she had on Dec 1^st with Mr. Treanor and others.

Eichhorn met with Mr. Treanor about his concerns on traffic and density on 6^th street.

Eichhorn will not be voting on the Minutes because he was absent.

ACTION TAKEN

Motioned by Haase, seconded by Krebs to approve the Consent Agenda.

          Motion carried unanimously, 9-0.

Swearing in of witnesses

PC Minutes 12/12/05

ITEM NO  1:              FINAL PLAT FOR AUDREY’S ADDITION;  EAST SIDE OF E 1500                                                    ROAD, NORTH OF N 1000 ROAD (PGP)

PF-09-38-05:  Final Plat of Audrey’s Addition.  This two-lot County residential subdivision contains approximately 8.5 acres and is located on the east side of E 1500 Road, north of N 1000 Road.  Submitted by Taylor Design Group, for M. Delores Clarridge, property owner of record.

ACTION TAKEN

Motioned by John Haase, seconded by Holly Krebs to approve the Final Plat for Audrey’s Addition, and forwarding it to the Board of County Commissioners with a recommendation for acceptance of easements and right-of-way subject to the following conditions: 

1. Change the Certificate of Governing Body to the Douglas County Commission.
2. Modify the name of the Planning Commission Chairperson to Terry Riordan.
3. Execution of a water supply agreement between the Health Department and the developer.
4. Documentation of the completion of a septic system site evaluation by the Health Department.
5. Provision of the following fees and recording documentation:
1. Copy of paid property tax receipt;
2. Recording fees made payable to the Douglas County Register of Deeds.

     Motion carried unanimously, 9-0, as part of the Consent Agenda.

PC Minutes 12/12/05

ITEM NO 2:               FINAL PLAT FOR DOOLITTLE SUBDIVISION; NORTH OF OVERLAND DRIVE, SOUTH OF TRAIL ROAD BETWEEN ELDRIDGE STREET & MONTEREY WAY (LAP)

PF-10-39-05:  Final Plat for Doolittle Subdivision.  This proposed 41-lot single-family residential subdivision contains approximately 10.3 acres.  The property is generally described as being located north of Overland Drive, south of Trail Road, between Eldridge Street and Monterey Way.  Submitted by BG Consultants, Inc., for Fairway L.C., contract purchaser, and Gary R. Grob, property owner of record.

Staff Presentation

Ms. Pool introduced this item, a final plat for a 41-lot single-family residential subdivision.

Applicant Presentation

The applicant clarified that he had no problem with the addition of a condition that says the City has the right to take over the maintenance of drainage easements (Tracts A and B) if the Homeowner’s Association fails to maintain them.

Commission discussion

Motioned by Burress, seconded by Ermeling to approve the Final Plat for the Doolittle Subdivision and forward it to the City Commission for acceptance of easements and rights-of-way, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1. Provision of the following fees and recording documentation:
1. A current copy of a paid property tax receipt.
2. Recording fees made payable to the Douglas County Register of Deeds.
3. A completed Master Street Tree Plan in accordance with Section 21-7081a.3.
2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
3. Submittal of a Temporary Utility Agreement.
4. Submittal of public improvement plans for the construction of Seele Drive, Doolittle Drive, Doolittle Way, Seele Way (extended), sidewalks associated with all streets and pedestrian easements, and extension of sanitary sewer, stormwater, and water mains.
5. Revision of the plat to include the following:
1. The book and page number for the off-site utility easement to the south.
2. A note, stating sidewalks within the pedestrian easements and along one side of each internal street will be constructed with the project.
3. A 15-foot utility easement, not a combined utility and drainage easement, running north-south through Tract B.
4. In the event the Homeowner’s Association fails to fulfill its obligation of maintaining Tracts A and B, the City may presume maintenance of the tracts until the association resumes its obligations. All costs incurred by the City in carrying out the obligations of the association shall be assessed against the properties in the Doolittle Subdivision and will become a lien on the properties.

                         Motion carried unanimously, 9-0.

PC Minutes 12/12/05

ITEM NO 3:          FINAL PLAT FOR TOMLINSON ADDITION; 1800 N 250 ROAD (LAP)

PF-10-40-05:  Final Plat for Tomlinson Addition.  This proposed one-lot residential subdivision contains approximately 48.0 acres.  The property is described as being located at 1800 N 250 Road.  Submitted by Landplan Engineering, PA, for Ralph and Barbara Tomlinson, property owners of record.

ACTION TAKEN

Motioned by John Haase, seconded by Holly Krebs to approve the Final Plat for Tomlinson Addition, subject to the following conditions:

1. Submittal of a completed water supply agreement between the Lawrence-Douglas County Health Department and the developer.
2. Documentation of a septic system site evaluation conducted by the Lawrence-Douglas County Health Department.
3. Provision of the following fees and recording documentation:

a. A current copy of a paid property tax receipt.

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

4. Revision of the plat to include the following:

a. The addition of 7.5 foot wide utility easements centered on the side lot lines.

     Motion carried unanimously, 9-0, as part of the Consent Agenda.

PC Minutes 12/12/05

ITEM NO  4:              FINAL PLAT FOR THE COVE; NORTH OF HARVARD ROAD WEST OF          GEORGE WILLIAMS WAY (SLD)

PF-10-42-05:  Final Plat for The Cove.  This proposed 30-lot multiple-family residential subdivision contains approximately 12.51 acres.  The property is generally described as being located north of Harvard Road and west of George Williams Way.  Submitted by Landplan Engineering, PA, for Lakau, Inc., property owner of record.

ACTION TAKEN

Motioned by John Haase, seconded by Holly Krebs to approve the Final Plat for The Cove, (PF-10-42-05) and forwarding it to the City Commission for acceptance of easements and rights-of-way subject to the following conditions:

1. Provision and approval of public improvement plans prior to the recording of the Final Plat with the Register of Deeds Office;
1. Pedestrian Path shall be constructed with public improvement plans for this development.
2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
3. Execution of a Temporary Utility Agreement;
4. Provision of the following fees and recording documentation:
1. Copy of paid property tax receipt;
2. Recording fees made payable to the Douglas County Register of Deeds;
3. Provision of a master street tree plan.
4. Provision of street sign fees.

     Motion carried unanimously, 9-0, as part of the Consent Agenda.

PC Minutes 12/12/05

ITEM NO. 5A:           A TO RM-D; 19.5234 ACRES; NORTH OF OVERLAND            DRIVE &                                            WEST OF QUEENS ROAD (PGP)

Item 5A was deferred prior to the meeting.

PC Minutes 12/12/05

ITEM NO. 5B:           A TO RS-2; 19.5234 ACRES; NORTH OF OVERLAND             DRIVE &                                            WEST OF QUEENS ROAD (PGP)

Item 5B was deferred prior to the meeting.

PC Minutes 12/12/05

ITEM NO. 5C:           PRELIMINARY PLAT FOR STULTZLAND; NORTH OF OVERLAND                                       DRIVE & WEST OF QUEENS ROAD (PGP)

Item 5C was deferred prior to the meeting.

PC Minutes 12/12/05

ITEM NO 6:               REVISED PRELIMINARY DEVELOPMENT PLAN FOR PETERSON                                               ACRES; 2930 PETERSON ROAD (LAP)

PDP-07-07-05:  Revised Preliminary Development Plan for Peterson Acres.  This proposed residential subdivision contains approximately 4.6 acres.  The property is generally described as being located at 2930 Peterson Road.  The revision proposes addition of eight dwelling units.  Submitted by Abeln & Associates Architects for the City of Lawrence, property owners of record.  This item was deferred by the applicant from the August Planning Commission meeting.

Staff presentation

Ms. Pool introduced this item, a proposed addition for 4 duplex units to be added to the site which already includes 12 duplexes and one single-family residence. The 1995 development plan was approved with a maximum density of 17 duplexes. The addition of the 4 duplexes brings the site to 16 duplexes and one single-family home, in conformance with the stipulation. Staff recommended approval with the conditions in the report.

Applicant presentation

Mark Abeln was present to answer questions.

Public hearing

Clara Westphal, 500 Arrowhead Drive, commented on the drainage problem of the area. Ms. Westphal noted that the project acreage sits on a hill, and water pools between her house and the house to the north. Ms. Westphal also voiced concern over emergency vehicle access, loss of green space and a walking path, and sewage.

Staff noted that sidewalks connect throughout the development and that sidewalks will be extended throughout the new portion. Staff said that, according to Lawrence Housing Authority staff, residents use sidewalks more than the existing recreational pathway.

Mr. Abeln commented that the walking path was put in 9 years ago, and it has since been used very little. He noted that the new duplexes will continue the walking path in the front of the units. Mr. Abeln also noted that this project will bring the old and the new development up to current drainage standards, which require substantially more detention than the old drainage standards.

Commission discussion

Burress asked the applicant about emergency vehicle access. Mr. Abeln responded that the fire department is comfortable with the plan.

Burress asked about the issue of sewer lines. Staff said that utilities recommended approval of this plan. Burress thanked Ms. Westphal for her concerns.

Action Taken

Motioned by Lawson, seconded by Eichhorn to approve the Revised Preliminary Development Plan for Peterson Acres and forward it to the City Commission with a recommendation for approval, subject to the following conditions:

1. Revision of the preliminary development plan to include the following:

a. Change of plan note “site plan” to “preliminary development plan”.

b. Addition of a landscape schedule, which includes the location, size, type and quantity of all proposed landscape materials, along with common and botanical names of all species (per Section 20-14A04.2 of the Zoning Regulations).

c. Change of plan note “Zoned: PRD - planned residential developments” to “Zoned: PRD-2 - planned residential development”.

d. Addition of a note stating, “The proposed new water and sanitary sewer easements will be filed by separate instrument and the book and page numbers will be shown on the final development plan.”

e. Addition of a note stating the use restrictions approved with the 1995 Peterson Acres development plan.

f. Revision of the parking tabulations to specifically state the number of new parking spaces added with the project.

g. Revision of the parking tabulations to specifically identify the number of existing and new accessible spaces.

h. Verification of the number of new spaces being added to the site. Staff counts 19 new spaces, while the “Landscape Calculations” notes 21 new spaces. If 19 new spaces are being added, the “Landscape Calculations” should be revised to reflect this count.

Motion carried unanimously, 9-0.

PC Minutes 12/12/05

ITEM NO. 7:              USE PERMITTED UPON REVIEW FOR PLACEMENT OF ANTENNAS                                                ON PRESBYTERIAN MANOR; 1429 KASOLD (SLD)

UPR-10-08-05:  Use Permitted upon Review request for placement of six antennas on the rooftop of Presbyterian Manor, located at 1429 Kasold Drive.  Submitted by LCC International, Inc., for Sprint, applicant, and Presbyterian Manor, property owner of record.

Staff presentation

Ms. Day presented this item. She noted that the equipment would be located on the tallest portion of the nursing home facility on the 5^th story. The proposal includes antennas and a structure in the rear portion. The subject property abuts a property for Girl Scout use, and this is the closest property with a visual reference to the antenna.

Applicant presentation

Debby LaDuke was present to answer questions.

Burress asked if the overhead image is what the project will look like. Ms. LaDuke responded that it is.

Public hearing

No member of the public spoke on this item.

Commission discussion

Haase commented that the location of the antenna should be an administrative matter, and that the Commission should accommodate the project in the most environmental way

Action Taken

Motioned by Haase, seconded by Eichhorn, to recommend approval of UPR-10-08-05 a Use Permitted Upon Review for the addition of communication antenna on an existing building and forwarding of it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report and subject to the following condition:

1.   Execution of a site plan performance agreement.

Motion carried unanimously, 9-0.

PC Minutes 12/12/05

ITEM NO. 8:              USE PERMITED UPON REVIEW FOR LAWRENCE PUMP STATION                                      #1; 301 NORTH STREET (LAP)  

UPR-10-09-05:  Use Permitted upon Review request for Lawrence Pump Station #1, located at 301 North Street. This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan.  Submitted by Bartlett and West Engineers, Inc. for City of Lawrence, property owner of record.

PC Minutes 12/12/05

ITEM NO. 9:              USE PERMITED UPON REVIEW FOR LAWRENCE PUMP STATION                                      #2; 570 WALNUT STREET (LAP)           

UPR-10-10-05:  Use Permitted upon Review request for Lawrence Pump Station #2, located at 570 Walnut Street.  This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan.   Submitted by Bartlett and West Engineers, Inc. for City of Lawrence, property owner of record.

Staff presentation

Items 8 and 9 were presented together.

Staff commented that the 2003 Wastewater Master Plan addresses the need for the UPR for the pump station #1 upgrade. Staff requested additional landscaping in addition to six new trees. Staff would also like to see screening around the Westar transformer. Staff recommended approval.  Staff commented that pump station #2 also conforms with the 2003 Wastewater Master Plan recommendations, but will need a Corps of Engineers permit. Screening should be added around the transformer. Staff recommended approval.

Public hearing on Item 8

A representative from Bartlett and West Engineers was available for questions. The applicant could not answer questions about the decibel level, but he noted that all pumps are submersible pumps and thus you could stand next to it and hear the pumps, but not from a property line.

Public hearing on Item 9

Matt Gilhousen, 603 Elm Street, commented that he is not opposed to this project, but was present to find out more information. Mr. Gilhousen is getting ready to build a new house a half block away.

Mr. Gilhousen asked several questions:

• Does the city own the whole parcel? Staff responded that the city is purchasing the portion shown on the UPR site plan where the pump will be located. The owner will maintain ownership of the rest, which is zoned RS-2.
• Is there an image of what this will look like? Staff explained that the lot split application will result in one lot for the pump stations and two RS-2-zoned buildable lots.

Matt Eales asked if there was any possibility of the pump station moving to upper left corner of the parcel. The applicant responded that the pump station will go in upper right corner. Mr. Eales asked who to talk to about the valuation of the lot. Staff directed him to the Director of Legal Services.

Eichhorn asked the applicant to speak to what the external structure will look like. The applicant commented that the pump station will look similar to the Prairie Park neighborhood pump station, i.e. a pebble finish building with flat top roof and two brown doors that open out. He noted that the building is made in western Kansas and will be dropped down on the underground structure. There is essentially no building on site. The applicant also noted that the location of the pump station was chosen primarily because of the existing pump station, and that it can be moved but that would require additional work and would need to be verified.

Commission discussion

There was no further Commission discussion on these items.

Action Taken

Motioned by Eichhorn, seconded by Ermeling to approve the Use Permitted upon Review for the Lawrence Pump Station #1 and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report, subject to the following conditions:

1. Revision of the site plan to include the following changes:

a. Removal of plan notes “Zoned M-3”.

b. Change of plan note “Current Use: Commercial/Open Lot” to read “Current Use: Open Lot”.

c. Removal of plan note “Existing Tree to Remain”, as no tree exists in the subject location.

d. Additional landscaping, such as shrubs, along the northwestern edge of the site to serve as a visual buffer per the approval of the City’s landscape supervisor.

e. Inclusion of vegetation to screen the Westar transformer per approval of the City’s landscape supervisor. [Note: the sides of the transformer without a door can be screened.]

f. Inclusion of a note, stating all site lighting will be shielded to prevent off-site glare.

g. Change of note from “Location for KPL transformer” to “Location for Westar transformer”.

2. Submittal and approval of a Floodplain Development Permit application.

3. Submittal and approval of a photometric plan.

4. Submittal of a Site Plan Performance Agreement.

Motion carried unanimously, 9-0.

Motioned by Krebs, seconded by Ermeling to approve the Use Permitted upon Review for the Lawrence Pump Station #2 and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report, subject to the following conditions:

1.  Revision of the site plan to include the following changes:

a. Removal of plan notes “Lot 1 lot split property line” and “Lot 1 property line”.

b. Removal of plan note “8” aggregate”.

c. Change of plan note “Current Use: Residential” to read “Current Use: Open Lot”.

d. Inclusion of vegetation to screen the Westar transformer per approval of the City’s landscape supervisor. [Note: the sides of the transformer without a door can be screened.]

e. Inclusion of a note, stating all site lighting will be shielded to prevent off-site glare.

f. Change of note from “Location for KPL transformer” to “Location for Westar transformer”.

2.  Submittal and approval of a lot split application.

3.  Submittal and approval of a photometric plan.

4.  Submittal of a Site Plan Performance Agreement.

Motion carried unanimously, 9-0.

PC Minutes 12/12/05

ITEM NO. 10A:         M-3 TO M-2; 0.1 ACRE; 720 GRANT STREET (LAP)   

Z-10-66-05:  A request to rezone a tract of land approximately 0.1 acre (4,577 square feet) from M-3 (Intensive Industrial) District to M-2 (General Industrial) District.  The property is generally described as being located at 720 Grant Street.  This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan.  Submitted by the City of Lawrence, property owners of record.

PC Minutes 12/12/05

ITEM NO. 10B:         USE PERMITED UPON REVIEW FOR LAWRENCE PUMP STATION                                      #3; 720 GRANT STREET (LAP)

UPR-10-11-05:  Use Permitted upon Review request for Lawrence Pump Station #3, located at 720 Grant Street.  This project proposes the construction of a new pump station as recommended in the 2003 Wastewater Master Plan.  Submitted by Bartlett and West Engineers, Inc. for City of Lawrence, property owner of record. 

PC Minutes 12/12/05

ITEM NO. 10C:         REPLAT FOR LAWRENCE PUMP STATION #3; 720 GRANT STREET                                  (LAP)

PF-10-41-05:  Final Plat for Lawrence Pump Station #3, a Replat of Lot 1, Block 4 and part of vacated Perry Street of Smith’s Subdivision, and part of Lot 14 in Simpson’s Central Subdivision, 7^th Addition in North Lawrence.  The property is generally described as being located at 720 Grant Street.  Submitted by Bartlett and West Engineers, Inc. for City of Lawrence, property owner of record. 

Staff presentation

Items 10 A, B, and C were presented together. Staff commented that these pump stations were also in compliance with the 2003 Wastewater Master Plan, but will need a Floodplain Development Permit. Staff recommended that additional landscaping be added to screen the property to the south and to the east and the Westar transformer. The subject pump station properties are currently zoned M-2 and M-3, so the proposal is to take the entire area to M-2 zoning to allow ease of regulation, and a less intense industrial zoning for the predominately residential area. Staff recommended approval of all three applications.

Applicant presentation

The applicant was present to answer questions: no questions.

Public hearing

There was no public comment on Items 10A and 10B.

Commission discussion

There was no further Commission discussion on these items.

Action taken

Motioned by Krebs, seconded by Harris to approve the rezoning of approximately 0.1 acre from the M-3 District to the M-2 District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, subject to the following condition:

1. Filing of the final plat at the Register of Deed’s Office.

Motion carried unanimously, 9-0.

Motioned by Harris, seconded by Eichhorn to approve the Use Permitted upon Review for the Lawrence Pump Station #3 and forwarding it to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the staff report, subject to the following conditions:

1.  Prior to placement on a City Commission agenda for consideration, the project should receive variances for the existing ferrous chloride tank and encroachment of the new building into the front yard setback from the Board of Zoning Appeals.

2.  Revision of the site plan to include the following changes:

a. Relocation of the Westar transformer to a location entirely inside or outside the lot.

b. Change of plan note “Current Use: Industrial/Open Lot” to read “Current Use: Open Lot”.

c. Change of plan note “Zoned RS-2” to “Zoned RM-D”.

d. Addition of a light pole and inclusion of a note, stating all site lighting will be shielded to prevent off-site glare.

e. Addition of site landscaping to serve as a visual buffer at the site’s southwesternmost corner and along its eastern edge per the approval of the City’s landscape supervisor.

f. Inclusion of vegetation to screen the Westar transformer per approval of the City’s landscape supervisor. [Note: the sides of the transformer without a door can be screened.]

g. Change of note from “Location for KPL transformer” to “Location for Westar transformer”.

h. Change of plan label “Stanton Street” to “Grant Street”, as Grant Street continues south of the property.

3. Submittal and approval of a Floodplain Development Permit application.

4. Submittal and approval of a photometric plan.

5. Submittal of a Site Plan Performance Agreement.

Motion carried unanimously, 9-0.

Motioned by Krebs, seconded by Eichhorn to approve the Final Plat for Lawrence Pump Station #3 and forwarding it to the City Commission for acceptance of easements and rights-of-way subject to the following conditions:

1. Provision of the following fees and recording documentation:

a) A current copy of a paid property tax receipt.

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

c) A completed Master Street Tree Plan in accordance with Section 21-708a.3.

2. A Temporary Utility Agreement.

3. Change of plat label “Stanton Street” to “Grant Street”, as Grant Street continues south of the property.

Motion carried unanimously, 9-0.

PC Minutes 12/12/05

ITEM NO 11:            COMPREHENSIVE PLAN AMENDMENT: CHAPTER 8 -            TRANSPORTATION (BA/BE)

Item 11 was deferred prior to the meeting.

PC Minutes 12/12/05

ITEM NO 12:            COMPREHENSIVE PLAN AMENDMENT – CHAPTER 9 –                                 PARKS, RECREATION, AND OPEN SPACES (PGP/BE)             

Item 12 was deferred prior to the meeting.

PC Minutes 12/12/05

MISC. ITEM NO. 1: OLD BUSINESS

PP-06-15-05:  Preliminary Plat for Cypress Park Addition.  Receive City Commission communication regarding the reasons for their approval of the preliminary plat and seeking concurrence from the Planning Commission.

Mr. Patterson presented the RS2 zoning district. It was heard by the Planning Commission on July 25^th and recommended for denial by a 6-1 vote. It was heard before the City Commissioners on November 8^th. The City Commission recommended approval by a 5-0 vote. It is now back before the Planning Commission as a final plat on January 23, 2006.

Applicant Presentation

The applicant was not present.

Staff clarified that there was a De Novo hearing because the applicant felt it was denied for unreasonable reasons.

Haase commented that this was a close call. He stood behind Staff’s original recommendation and his original vote for denial, but he noted that he would vote in favor of recognizing the action.

Commission discussion:

Eichhorn was curious about other Commissioner’s thoughts on how this proposal fits into the character of the area with the flag lots. Erickson commented that she thought the character of the area already has flag lots. Harris noted that other parts of the neighborhood have shared driveways. There is a big diversity of lots in the neighborhood.

Riordan commented that he thought that the original decision was a reasonable one.

Eichhorn commented that discouraging flag lots does nothing. He held that there should be no flag lots.

Action taken

Motioned by Haase, seconded by Eichhorn second to concur with the City Commission communication regarding the reasons for their approval of the preliminary plat.

Motion carried, 5-4 with Burress, Ermeling, Riordan, and Krebs voting in opposition.

MISC. ITEM NO. 2: 6^TH Street Boulevard Right of Way Requirements

Memo from Staff explaining the design elements which would determine the right-of-way requirements if 6^th Street were to be reconstructed to a boulevard-type design. Examples are included of other cities’ arterial streets designs with center medians.

Commission discussion

Ermeling asked what would be the remote numbers the Commission can work with for easements and setbacks in the area. Eichhorn agreed with the question and asked for traffic counts on major intersections that look similar.

MISC. Item no. 3: Exparte Communication

Message from Marguerite Ermeling concerning a meeting she had on Dec 1^st with Mr. Treanor and others.

MISC. item no. 4: Holiday Gathering

Invitation from Grant Eichhorn for Planning Commissioner’s holiday get together/festival.

_____________________________________________________________________________

Recess until 6:30 P.M. on December 14, 2005

_____________________________________________________________

December 14, 2005 – Reconvene at 6:30 p.m.

Commissioners present: Ermeling, Burress, Haase, Lawson, Harris, Riordan, Krebs, Erickson, Eichhorn, and Jennings

Staff present: Finger, Stogsdill, Ahrens, Pool, Day and Saker

_____________________________________________________________

COMMUNICATIONS

ITEM 13: Briefing on Development Code Working Draft

Memo from Stephen P Chinn, consultant, enumerating the significant revisions to Feb. 15, 2005 Draft of the Lawrence Development Code

ITEM 15A-C: BAUER FARM DEVELOPMENT

Combined retail impact potential of Bauer Farm, Northgate and Mercato Projects from Development Strategies, consultants.

ITEM 16F: PP-06-16-05; Revised Preliminary Plat for Fairfield Farms East Addition’ South of K-10 Highway Between O’Connell Road and Franklin Road

Map provided by Staff showing the major thoroughfares for the City of Lawrence and the Urban Growth Area, as requested from Study Session.

ITEM 19: Z-10-69-05; RM-2 to RO-1B; South half of1803 W 6 and 1710 W 7th

E-mails from Staff explaining that the Court did not issue a temporary restraining order for this rezoning issue and Planning Commission can proceed with it.

MISC 1: Draft December Mid-Month Meeting Notes

MISC 2: Traffic Counts along 6^th Street

EX PARTE / ABSTENTIONS / DEFERRAL REQUESTS

• No abstentions were indicated.
• No ex parte communications were disclosed.
• There were no deferral requests to consider.

Riordan spoke briefly about Linda Finger, who joined the current planning staff in April 1978 and assumed the duties of Director of Planning in 1994. She will be leaving this position after tonight. On behalf of the entire Commission, he thanked her for her many years of service to the community.

Swearing in of speakers

PC Minutes 12/14/05

ITEM NO. 13:           RECEIVE BRIEFING ON DEVELOPMENT CODE WORKING DRAFT                            (LMF/DC)

Receive briefing on working draft of Development Code from City staff and consultant; review timeline for completion, and schedule date for public hearing.

Staff presentation

David Corliss from the City Manager’s Office presented a status report of this item, with the aim of getting the Commission’s opinion about what documents they need to be able to consider this item. He did not have the best summary of the changes yet and will need to remind the community again about what this document is doing. Mr. Corliss met with one group earlier this week and received favorable comments about the revisions made to date.

Mr. Corliss indicated that the next steps included scheduling of meetings for neighborhood interests for the first part of January, another briefing meeting with the commission at the January meeting, and potential consideration of the item at the February meeting with a City Commission decision in March.

Commission discussion

Commissioner Riordan suggested that the January meeting would be a good starting point, but if not, to call special public meetings to consider the document.

Ms. Finger pointed out that at the January mid-month meeting the North Lawrence Drainage Study is also scheduled. She reminded the Commissioners that these meetings are not public hearings.

Commissioner Haase asked where the commercial design standards with relation to the code are. Staff said that the documents will be considered separately, and they can be adopted by reference and used to condition zoning requests to comply with specific commercial design standards.

No action was required at this time.

PC Minutes 12/14/05

ITEM NO. 14:           2006-2009 transportation IMPROVEMENT PLAN (TIP) (BA)

Conduct a public hearing to consider adoption of the 2006-2009 Transportation Improvement Program (TIP), federally-required multi-year listing of federally funded and regional significant non-federally funded improvements to the region's transportation system.

Applicant presentation

Staff was present to answer questions. It was clarified that the work item is federally required, and is a multi-year listing of federally funded and regional significant non-federally funded improvements transportation projects. TAC started working on this item in August 2006, and the item was brought for initial action in October of this year. The draft TIP initially received in the packet has a few last minute changes, and at the December 6 meeting TAC voted to approve the TIP.

Krebs drew attention to project 20 on pg. 13, noting that it doesn’t have a note that it has no funding. It will be corrected before going to KDOT.

Public Hearing

No member of the public spoke on this item.

Commission discussion

Krebs asked if TAC is pleased with the document. Haase informed the Commission that the document has no functional value – it is a federal requirement and so the Commission is in the process of simply taking part in a formality.

Action taken

Motioned by Haase, seconded by Krebs to adopt the 2006-2009 Transportation Improvement Program (TIP), federally-required multi-year listing of federally funded and regional significant non-federally funded improvements to the region's transportation system.

Motion carried unanimously 9-0, with Ermeling not voting because she was not yet present.

PC Minutes 12/14/05

ITEM NO. 15A:         PRD-2 TO PCD-2; 8.23 ACRES; NORTH OF W. 6^TH STREET                                                  BETWEEN WAKARUSA DRIVE AND FOLKS ROAD (PGP)      

Z-03-17-05:  A request to rezone a tract of land approximately 8.23 acres from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial Development) District.  The property is generally described as being located north of W. 6^th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  (A public hearing was held in October.  Planning Commission deferred action until December.)

PC Minutes 12/14/05

ITEM NO. 15B:         PCD-2 TO PCD-2 W/REVISED USE RESTRICTIONS); 18.938                                             ACRES; NORTH OF W. 6^TH STREET BETWEEN WAKARUSA DRIVE                                      AND FOLKS ROAD (PGP)          

Z-07-48-05:  A request to rezone a tract of land approximately 18.938 acres from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District to revise use restrictions.  The property is generally described as being located north of W. 6^th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  (A public hearing was held in October.  Planning Commission deferred action until December.)

PC Minutes 12/14/05

ITEM NO. 15C:         PRELIMINARY DEVELOPMENT PLAN FOR BAUER FARM; NORTH                                      OF W. 6^TH STREET BETWEEN WAKARUSA DRIVE AND FOLKS                                             ROAD (PGP)

PDP-03-02-05: Preliminary Development Plan for Bauer Farm.  This proposed planned commercial, office, and residential development contains approximately 43.88 acres.  The property is generally described as being located north of W. 6^th Street (U.S. Highway 40) between Wakarusa Drive and Folks Road.  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record.  Consideration will include requests for approval of waivers from various requirements in Article 10 of the Zoning Ordinance.  (A public hearing was held in October.  Planning Commission deferred action until December.)

Staff presentation

Items 15A, B, and C were presented together. Paul Patterson presented these items and was present to answer any questions. Staff noted that at the October Planning Commission meeting there was a discussion and hearing, and any action was deferred to this meeting.

Applicant presentation

Mr. Treanor gave an overhead presentation on this item and was present, along with Mike Walstedt, Trans Systems, to answer questions.

The overhead presentation included slides that demonstrate the concepts and principles, as well as the context, that concern the whole project: downtown slides that demonstrate concepts of New Urbanism and smart growth as places that people want to go, Old East and West Lawrence, the Stapleton project, Seaside Florida, Rosemary Beach Florida, Bradburn Colorado, 151^st Street Corridor in Overland Park; the current policy context and difficulties with access management guidelines, context of the site with schools and residence, planning documents, architecture on the project, sketches of the project, variances and waivers for lot sizes, periphery boundary and proposal to reduce that boundary, alleyways and street widths, slides that demonstrate housing that has a relationship with the street.

Several points were verified:

• Mr. Treanor stressed that the project will be very pedestrian-oriented and attempted to fully satisfy all of the concepts of New Urbanism.
• Bill Ahrens’ chart was adjusted to show the actual sizes that drive-through and sit down restaurants and banks typically have. The chart looks at Ahrens’ chart building by building, and comes up with a range that shows traffic somewhat lower than what was in the original traffic study.
• The PDP Proposed Conditions submitted from the applicant are attached to the memo that the Commission received at the mid-month meeting.
• Plans are being developed for additional residential developments on the areas where the hotel and theater would be, should no hotel or theater be constructed.
• All of the streets, with the exception of Champion Lane, will be private.
• All of the residences will be built in Phase 1.
• All of the maintenance of the common green spaces will be handled by the home owners and business owners associations. City zoning codes require levels of maintenance and they seem to function quite well. Typically in the agreements the owner or developer is responsible for deficiencies that occur.
• Adjacent property owners have all been notified of the project and rezoning requests.
• Overland Drive is only 32 feet wide and is therefore not wide enough to re-stripe, so turn lanes would be added at intersections.
• Bauer Farm’s land use was included in KDOT’s model in the original traffic impact study. KDOT did a near-term analysis, the extent was to Overland on the North side, Harvard on the south side, not looking at entire NW area or at future potential improvements such as George Williams Way and 15^th Street.
• The applicant is requesting that the 50 foot setback be removed and that normal setbacks be allowed, and grant a waiver from the 30 and 35 foot setbacks, to a 15 foot and as little as 10 foot setback.
• The drive-thrus are particular businesses, 1 coffee, 2 food, 2 banks, and the bank volume is low.
• 20-40% of the traffic is pass-by traffic, with more convenience type uses like banks increases up to the 40-60% range. The number of new trips will be around 25,000. The design capacity for 6^th Street is 35,000-40,000 vehicles. The design capacity for Wakarusa would be the same.

Mike Walstedt commented that the trip generation tables concern the same site, but have two different approaches: one to look at each site individually and the other to look at it as a shopping center. Mr. Walstedt said that the development doesn’t fit neatly into categories so they are trying to provide different scenarios.

Mr. Ahrens noted that changes in the setback requirements would not change the 110-150 foot requirement to make a parkway along 6^th Street.

Ermeling requested public clarification for the whole project, that the project to no longer be called New Urbanism, or New Suburbanism, or Traditional Neighborhood Design. The applicant responded that the East side is a traditional neighborhood design and the West side is mixed-use.  After additional questions, Mr. Treanor conceded that the proposal was not a pure New Urbanist project, but a hybrid plan that included many New Urbanist design elements.

Pubic hearing

Mary Doveton, Director of the Community Theater, stressed how excited they are about the prospect of this project. She commented that they shelved another project because they were so excited about this project. Ms. Doveton noted that the project represents an opportunity for two of the premier architectural firms in Lawrence to work in conjunction.

Gwen Klingenberg, with the West Lawrence Neighborhood Association, voiced the concerns of the association, including that the convention center and theater were not listed as commercial, the issue of street traffic, that she was informed that there were 8 drive-thrus and not 5, and that Champion Lane needs a stoplight giving access to West Lawrence in and out of the commercial area. Ms. Klingenberg was also concerned about the walkability impacts on West Lawrence.

Commission discussion

Krebs commented that the residential development is good, but that the one remaining concern is the idea of facing the residences onto the public open area. Krebs recognized that there would be no right turn off of 6^th Street, and wanted conditions placed upon the area that is currently identified as a hotel or conference center or to make it clear it was not approved for commercial development at this time. Krebs commented that she would like to see the buildings facing the park to be turned a quarter of a turn.

Ermeling commented that she would like for the facades for the businesses along 6^th Street to not to look like the brands that come in; the architecture should merge into the rest of the development. She asked if there was any way to place apartments above Lots 2 and 3 to break up the line of single-story buildings.

Jennings commented that he likes the project and he doesn’t think it is fair to pick at the commercial side of Champion Lane and its looking like two separate projects, because this is not the fault of the applicants who worked with the square footage limitation that the Commission gave them.

Haase thought that the commercial use limitations were as high as they can get. He expressed concern about the residential units facing 6^th Street. Haase commented that it is absolutely fundamental that the conventional lots be incorporated into the current plan. He wanted to see iteration into how this project can be rearranged to better align with the Commission’s standards.

Eichhorn noted that the variances and waivers seemed perfectly adequate. He agreed that some commercial buildings should have residential above.

Burress thought that there shouldn’t be any commercial here at all, and that the applicant should not get any more than the already compromised 62,000 square feet. He also did not see the kind of walkability that he had hoped for, and he is concerned about having front steps so close to 6^th Street.

Harris shared Burress’ concern about the distance of the houses along 6^th Street from the road.

The applicant noted that 6^th Street and Kentucky is the highest traffic count in town, and houses front those streets.

Action taken

Motioned by Eichhorn, seconded by Harris to approve Item 15A. Ermeling proposed an amendment, seconded by Burress that the Commission amend the uses originally in place and that the Commission have some visual demonstration of what has been proposed tonight by commissioners and based on that particular orientation, there might be flexibility that would allow for a drive-thru or two, might be negotiation room for drive-thrus if we can see a plan. Lawson took exception to this because he thought the applicant ought to at least have the assurance that the zoning will be there.

Staff clarified on pg.7-8 of the staff’s recommended uses in addition to those uses originally in place. The applicant clarified that Ermeling’s amendment takes away all drive-thrus. Krebs clarified that the items on pg. 9 would be removed by voting for the amendment. Staff noted that on the October meeting Item 7C pg. 11 has specific uses allowed, with additional uses in October minutes. The applicant clarified what he thinks is on the floor: expanded uses from the October 24 meeting, go back to staff recommended additional uses that were in addition to what was in the ordinance, staff recommended uses would not allow drive-thrus. Amendment would be a middle ground, the left-hand column of additional uses from the October 24^th meeting, pg. 9 of the yellow minutes.

Amendment fails to carry, 8-2. Burress and Haase voted in favor of amendment.

Motioned by Ermeling, seconded by Krebs to add an amendment that excludes liquor, wine, and beer sales off the premises. Burress thought that neighbors need a liquor store in walking distance.

Amendment carried, 7-3. Burress, Riordan, and Jennings voted in opposition.

Motioned by Eichhorn, seconded by Harris to approve the request to rezone a tract of land, generally described as being located north of W. 6^th Street between Wakarusa Drive and Folks Road (Bauer Farm), from PRD-2 (Planned Residential Development) District to PCD-2 (Planned Commercial Development) District subject to conditions listed in staff report and amended uses determined at October 24, 2005 meeting.

Motion carried, 7-3. Harris, Haase, and Burress voted in opposition.

Motioned by Lawson, seconded by Jennings to approve the request to rezone a tract of land, generally described as being located north of W. 6^th Street between Wakarusa Drive and Folks Road (Bauer Farm), from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District as presented and with the conditions established in Item 7C in October with same use restrictions as in Item 15A.

Krebs commented that her interest is to leave that quadrant as a residential development. Staff noted that putting a condition on the development plan itself would address this to make it clear that the Commission wouldn’t allow any other commercial development.

The applicant commented that he would like to see the possibility of office or mixed-use or all residential on that site.

Motioned by Krebs, seconded by Erickson, to amend Item 15B, with removal of hotel and motel from the acceptable uses.

Motion carried, 6-4, with Jennings, Eichhorn, Harris, and Lawson voting in opposition.

The Motion on the floor as amended carried, 8-2, with Haase and Burress voting in opposition.

Motioned by Krebs, seconded by Lawson to approve the 7 waivers (4 waivers and 3 subdivision design standards) as presented in the staff report and as requested by the applicants.

Motion carried, 9-1, with Haase voting in opposition.

Motioned by Lawson, seconded by Jennings to accept the final waiver, #4. Burress commented that he is opposed to it as presented by staff; he is willing to accept the waiver but not on public streets.

          Motion carried, 8-2, with Haase and Burress voting in opposition.

Motioned by Krebs, seconded by Ermeling to approve the Preliminary Development Plan for Bauer Farm, adding to the PDP the proposed conditions that the commissioners received from the applicant at this month’s mid-month meeting (12 items, including a change that drive-thrus be limited to 3) and a  restriction on the use of the area that is currently defined as hotel and convention center to have commercial retail not allowed, giving the applicant the flexibility to consider either office or mixed-use.

          Motion carried, 7-3, with Harris, Haase, and Burress voting in opposition.

Motion to extend the meeting to 11 p.m.

          Motion carried unanimously, 10-0.

Meeting extended to 11 p.m.

Motioned by Krebs to seek unanimous consent for 1 bank and 3 drive-thrus. No objections,  unanimous consent given. Motion clarified to be 4 drive-thrus, 1 or more of which will be a bank.

Motion carried, 7-3, with Harris, Haase, and Burress voting in opposition.

PC Minutes 12/14/05

ITEM NO. 16A:         A TO RM-D; 39.4204 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN                                    O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

Z-06-38-05:  A request to rezone a tract of land approximately 39.4204 acres from A (Agricultural) District to RM-D (Duplex Residential) District.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.  This item was deferred from the July Planning Commission meeting.

PC Minutes 12/14/05

ITEM NO. 16B:         A TO RM-2; 15.2863 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN                                 O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

Z-06-39-05:  A request to rezone a tract of land approximately 15.2863 Acres from A (Agricultural) District to RM-2 (Multiple-Family Residential) District.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.  This item was deferred from the July Planning Commission meeting.

PC Minutes 12/14/05

ITEM NO. 16C:         A TO RS-2; 33.3692 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN                                  O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

Z-06-40-05:  A request to rezone a tract of land approximately 33.3692 acres from A (Agricultural) District to RS-2 (Single-Family Residential) District.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.  This item was deferred from the July Planning Commission meeting.

PC Minutes 12/14/05

ITEM NO. 16D:        A TO M-1; 17.1220 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN                                                O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

Z-06-41-05:  A request to rezone a tract of land approximately 17.1220 acres from A (Agricultural) District to M-1 (Research Industrial) District.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.   This item was deferred from the July Planning Commission meeting.

PC Minutes 12/14/05

ITEM NO. 16E:         A TO C-5; 26.6436 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN                                                 O’CONNELL ROAD AND FRANKLIN ROAD (SLD)

Z-06-42-05:  A request to rezone a tract of land approximately 26.6436 acres from A (Agricultural) District to C-5 (Limited Commercial) District.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.  This item was deferred from the July Planning Commission meeting.

PC Minutes 12/14/05

ITEM NO. 16F:         REVISED PRELIMINARY PLAT FOR FAIRFIELD FARMS EAST                                             ADDITION; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL                                          ROAD AND FRANKLIN ROAD (SLD)

PP-06-16-05:  Revised Preliminary Plat for Fairfield Farms East Addition.  This proposed 233 lot mixed use subdivision contains approximately 119.8964 acres.  The property is generally described as being located south of E. 23^rd Street/K-10 Highway between O’Connell Road and Franklin Road.  Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record.  This item was deferred from the July Planning Commission meeting.

Staff presentation

Staff presented 16A, B, and C together. Multiple re-zonings were proposed for this project, including single-family, multiple-family, commercial and industrial zoning. The area acreages are updated in the packet and have shifted a little as staff worked with the applicant to resolve subdivision plat issues. Staff referred to a memorandum at the beginning of the packet that summarized the zoning requests. Connectivity was a significant consideration in the development of this project, and subdivision plat recommendations include adding pedestrian connections to E. 23^rd Street.

Applicant presentation

Riordan asked how the applicant would feel about a deferral for 6 months. The applicant stated that he would not support that. Riordan asked that the commission defer because the mayor has asked that some sort of plan be developed for this area.

Bill Newsome, of Southwind Capital, gave further comments on not wanting a deferral.

Several points were verified:

§ This tract is part of 180 acres purchased from the Farmland Bankruptcy Trust. Mr. Newsome began looking at this acquisition in 2002 and felt entry-priced housing would be a catalyst for development. He pre-sold all 91 lots of first phase and three builders have averaged sales of 10 homes a month.

§ The submittal in front of commissioners has a long history. It was initially submitted in May 2004 and is being heard for first time tonight. It has been delayed 18 months.

§ None of the land-use issues being debated with the SE area plan have involved the subject property.

§ The applicant has had to carry interest and other carrying costs over the last 18 months.

§ In June the City Commission allowed the proposal to go on outside of the area plan, by approving the annexation.

Meeting extended for an hour.

Commission decided to not defer the item.

Mike Keeney, with Peridian Group was available for questions. He gave a general overview of the plan.  Several points were verified:

§ The most walkable neighborhood is the grid street pattern and proposed construction will look like what exists in town today.

§ Walkability was specifically addressed in the subdivision design, making sure that streets are intersecting at the collectors so sidewalks could be extended into the north areas.

§ Utilities will be located in backyards.

§ Designs exist to have garages facing each other.

§ The applicant is opposed to donating lots for green space. The applicant will also not put sidewalks on both sides of the local streets.

§ O’Connell Road is currently 3 lanes, and will be widened. Franklin Road will stay as it is now. It is being considered for a boulevard treatment. Roundabouts will remain when intersections are improved.

Public Hearing

No member of the public spoke on these items.

Commission discussion

No further Commission discussion on these items.

Action Taken

Motioned by Eichhorn, seconded by Haase, to approve Z-06-38-05: A to RM-D, Item 16A, with staff recommendations made tonight, subject to preliminary plat approval and findings that this zoning is not inconsistent with all of the plans seen for the area.

Motion carried, 7-3, with Ermeling, Erickson, and Burress voting in opposition.

Motioned by Eichhorn, seconded by Haase, to approve Z-06-40-05: A to RS-2, Item 16C, with staff recommendations made tonight, subject to preliminary plat approval and findings that this zoning is not inconsistent with all of the plans seen for the area.

Motion carried, 7-3, with Ermeling, Erickson, and Burress voting in opposition.

Chair defers Items 16B, D, and E to January.

Motioned by Lawson, seconded by Haase to approve the preliminary plat of Fairfield Farms East Addition, Item 16F subject to the following conditions:

1. Execution of agreement not to protest the formation of a benefit district for street, sidewalk, and geometric improvements for following streets and intersections:
1. O’Connell Road;
2. Intersection of O’Connell Road and E. 23^rd Street;
3. Intersection of O’Connell Road and 25^th Street;
4. 25’ Street between O’Connell Road and Franklin Road;
5. Franklin Road;
6. Intersection of Franklin Road and E. 23^rd Street;
7. Intersection of Franklin Road and 25^th Street;
2. Publication of an annexation ordinance prior to the submission of a final plat for this property;
3. Review of proposed off-site dedications of public rights-of-way and easements per the approval of the Director of Legal Services prior to recording of those off-site dedications;
4. Provision of book and page references for off-site rights-of-way and easement dedications on the face of the preliminary plat.
5. Provision of a revised General Note 17 to specify which lots are prohibited from direct access per staff approval;
6. Provision of agreements referenced in General Notes 21 and 22 prior to the submission of a final plat per staff approval;
7. Provision of a revised General Note 11 to specifically state ownership of Tract A to include lot and block reference;
8. Provision of a revised preliminary plat to provide pedestrian easements to E. 23^rd Street from Exchange Place Between Lots 2 and 3 of Block 20 and along the east side of Lot 1, Block 19;
9. Provision of a revised Preliminary Plat to provide the dimension of the easement on the north side of Block 19 and 20;
10. Provision of a 10’ landscape easement along the right-of-way of Exchange Place, E. 25^th Street, O’Connell Road and Franklin Road;
11. Provision of a revised Preliminary Plat to relocate the peripheral sanitary sewer easement to the inside of the landscape easement abutting 25^th Street, O’Connell Road, and Franklin Road;
12. Provision of a note on the face of the Preliminary Plat that prohibits construction and fences in drainage easements and specifies maintenance responsibilities for Lots 1-15, Block 3;
13. Provision of a MEBO table for all lots adjacent to a drainage easement;
14. Correct Tract lettering (only three tracts noted in summary, one tract is titled Tract D);

15. Provision of a revised Preliminary Plat to include the following changes per the approval of the City Engineer:

1. More detail and information is needed where the Tract B detention outlet crosses the proposed sanitary sewer.  Scour is a concern.  A better option may be available by crossing the detention basin with a UE to route the east side sanitary sewer under the outlet pipes.  Also, the downstream sanitary sewer should be adequately clear of the outlet channel.
2. Provide additional dimension of drainage easement across south portion of Block 3 (open channel).

Motion carried, 6-4, with Burress, Ermeling, Erickson and Harris opposing.

PC Minutes 12/14/05

ITEM NO. 17:           RM-1 TO RS-2; 2.15 ACRES; NORTH OF W. 5^TH STREET BETWEEN                                               WISCONSIN & MICHIGAN STREETS (MJL)    

Item 17 was deferred prior to the meeting.

PC Minutes 12/14/05

ITEM NO. 18:           C-5 TO RM-2; 3.13 ACRES; BETWEEN W. 6^TH AND W. 7^TH STREETS                                  WEST OF IOWA STREET (MJL)   

Z-10-68-05:  A request to rezone a tract of land approximately 3.13 acres from C-5 (Limited Commercial) District to RM-2 (Multiple-Family Residential) District.  The property is generally described as being located between W. 6^th and W. 7^th Streets east of Iowa Street (north half of 2001 and 2021 W. 6^th Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 19:           RM-2 TO RO-1B; 4.41 ACRES; NORTH OF W. 7^TH STREET WEST OF                                 WISCONSIN STREET (MJL)        

Z-10-69-05:  A request to rezone a tract of land approximately 4.41 acres from RM-2 (Multiple-Family Residential) District to RO-1B (Residence-Office) District.  The property is generally described as being located north of W. 7^th Street, west of Wisconsin Street (south half of 1803 W. 6^th, and 1710 W. 7^th).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 20:           RM-2 TO RO-1A; 1.60 ACRES; BETWEEN W. 7^TH AND W. 6^TH                                              STREETS EAST OF WISCONSIN STREET (MJL)          

Z-10-70-05:  A request to rezone a tract of land approximately 1.60 acre from RM-2 (Multiple-Family Residential) District to RO-1A (Residence-Office) District.  The property is generally described as being located between W. 7^th and W. 6^th Streets, east of Wisconsin Street (1618-20-22-24, 1610-12-14-16, 1602-04-06-08, and 1617-19-23-25 W. 6^th Terrace).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 21:           RM-2 TO R0-2; 2.27 ACRES; NORTH OF W. 7^TH STREET WEST OF                                                FLORIDA STREET (MJL)   

Z-10-71-05:  A request to rezone a tract of land approximately 2.27 acres from RM-2 (Multiple-Family Residential) District to RO-2 (Residence-Office) District.  The property is generally described as being located north of W. 7^th Street west of Florida Street (1611-13, and 1603-05 W. 6^th Terrace, and 1416 W. 7^th Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 22:           RM-3 TO RM-2; 2.19 ACRES; SOUTH OF W. 7^TH STREET EAST OF                                                 WISCONSIN STREET (MJL)        

Z-10-72-05:  A request to rezone a tract of land approximately 2.19 acres from RM-3 (Multiple-Family Residential) District to RM-2 (Multiple-Family Residential) District.  The property is generally described as being located south of W. 7^th Street; east of Wisconsin Street (1515 W. 7^th Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 23:           RM-3 TO RS-2; .70 ACRES; NORTH OF INTERSECTION OF W. 8^TH                                                STREET AND AVALON ROAD (MJL)       

Z-10-73-05:  A request to rezone a tract of land approximately .70 acres from RM-3 (Multiple-Family Residential) District to RS-2 (Single-Family Residential) District.  The property is generally described as being located north of the intersection of W. 8^th Street and Avalon Road (1611 W. 8^th Street [northwest portion]).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 24:           C-5 TO RO-1; .84 ACRES; NORTHEAST CORNER OF FLORIDA AND                                  W. 7^TH STREET (MJL)        

Z-10-74-05:  A request to rezone a tract of land approximately .84 acres from C-5 (Limited Commercial) District to RO-1 (Residence-Office) District.  The property is generally described as being located at the northeast corner of Florida and W. 7^th Streets (616, 620, and 624 Florida Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 25:           C-5 TO RO-1A; 2.02 ACRES; NORTHWEST INTERSECTION OF                                          MICHIGAN AND W. 7^TH STREETS, SOUTH OF W. 7^TH STREET                                             BETWEEN MICHIGAN AND ARKANSAS STREETS (MJL)  

Z-10-75-05:  A request to rezone a tract of land approximately 2.02 acres from C-5 (Limited Commercial) District to RO-1A (Residence-Office) District.  The property is generally described as being located at the northwest intersection of Michigan and W. 7^th Streets, and south of W. 7^th Street between Michigan and Arkansas Streets (615, 639, 645, and 647 Michigan; 705 Arkansas).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 26:           C-5 TO RM-3; THREE ACRES; SOUTHEAST INTERSECTION OF W.                                                 7^TH STREET AND LYNCH COURT (MJL)

Z-10-76-05:  A request to rezone a tract of land approximately three acres from C-5 (Limited Commercial) District to RM-3 (Multiple-Family Residential) District.  The property is generally described as being located at the southeast intersection of W. 7^th Street and Lynch Court (1407, 1411, 1421, and 1431 W. 7^th Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

PC Minutes 12/14/05

ITEM NO. 27:           C-5 TO RO-2; .51 ACRES; SOUTHWEST CORNER OF MICHIGAN &                                    W. 7^TH STREETS (MJL)     

Z-10-77-05:  A request to rezone a tract of land approximately .51 acres from C-5 (Limited Commercial) District to RO-2 (Residence-Office) District.  The property is generally described as being located at the southwest corner of Michigan and W. 7^th Streets (701 Michigan Street).  Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan.

Michelle Leininger presented these items together. She noted that the Hillcrest Neighborhood Association task force has been working on this.

Item 18: An 84 unit apartment complex. NW corner is a separate lot and included in packet is a copy of the approved site plan; the corner is identified for future commercial use, leaving it as C-5 would be appropriate. The commercial lot is separately platted.

Item 19: The back portion of Eagle’s Club Lodge and a vacant lot. The proposed zoning is less dense of a residential district than the current zoning district yet allows professional office uses.

Item 20: The lots are currently developed with 4-plexes.

Item 21: Currently developed with duplexes and single-family home.

Item 22: Currently developed with a single-family home. Staff recommended denial on this item, asking it be initiated to RM-1, a more appropriate density between single-family and high-density residential to the east. Property owner was unable to be here, but has been working with the neighborhood and is willing to downzone to RM-2 but not to RM-1 as staff had recommended.

Item 23: This is a portion of a property that the remaining is zoned RS-2, single-family residential. The recommendation would allow the item to be zoned like the rest of the property.

Item 24: apartment complex.

Item 25: triplex

Item 26: 72-unit apartment building

Item 27: vet office

Krebs: Item 22: On the one recommending denial, speak to differences and reason the owner did not want to go down to RM-1. Staff: Density allowed in RM-2 is 21 units per acre and RM-1 is 12 units per acre. The owner bought the property for redevelopment potential.

Public hearing

Item 18: A member of the neighborhood supported staff recommendation.

Harris wondered what size of business could go in that space. A representative for the property owner commented that the primary thought was that it would be an ATM to serve the population of the apartment complex.

Action taken

Motioned by Harris, seconded by Lawson to rezone this tract from C-5 to RM-2 except for the one portion that has been requested to leave C-5 and to forward a recommendation to City Commission. Eichhorn asked that the second reflect that the exception is lot 1B.

Motion carried unanimously, 10-0.

Public hearing

Item 19: No member of the public spoke on this item.

Action taken

Motioned by Eichhorn, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Public hearing

Item 20: No member of the public spoke on this item.

Action taken

Motioned by Eichhorn, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Public hearing

Item 21: No member of the public spoke on this item.

Action taken

Motioned by Eichhorn, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Meeting extended 10 minutes.

Public hearing

Item 22: A member of the public noted that the subject property is currently a single-family home, is historic, and supports that it be down-zoned to RM-1.

Action taken

Motioned by Eichhorn, seconded by Ermeling, to deny the zoning to RM-2.

Per request of Haase, Emily Hill, who was head of the task force, commented that she would not oppose down-zoning to RM-1.

Motion carried, 7-3, with Burress, Haase, and Harris voting in opposition.

Motioned by Krebs, seconded by Ermeling to initiate a re-zoning form RM-3 to RM-1.

Motion carried unanimously, 10-0.

Public hearing

Item 23: No member of the public spoke on this item.

Action taken

Motioned by Harris, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Public hearing

Item 24: No member of the public spoke on this item.

Action taken

Motioned by Harris, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Public hearing

Item 25: James Dunn, who owns the properties that are a part of this item, excluding 705 Arkansas, commented that his properties should remain a commercial zoning because historically it has been commercial property. He asked the body to pull off the four addresses he owned and not change those four to residential.

Emily Hill noted that she was somewhat torn on the issue because originally the task force wanted C-1 zoning for that area but the C-1 zoning is not an option for the area. She liked the idea of small neighborhood commercial area. The new Development Code was mentioned regarding a district where neighborhood commercial and residential would be allowed.

Staff clarified that the district being proposed is the CN-1 District, which allows commercial and residential development. These properties could be revisited for zoning after the adoption of the Development Code.

Meeting extended until 12:30 p.m.

Action taken

Motioned by Krebs, seconded by Ermeling to approve the rezoning of 705 Arkansas but not of the Michigan addresses, with the understanding that the Commission will revisit the zoning at a time when we have appropriate zoning category.

Motion carried unanimously, 10-0.

Public hearing

Item 26: No member of the public spoke on this item.

Action taken

Motioned by Harris, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Public hearing

Item 27: No member of the public spoke on this item.

Action taken

Motioned by Harris, seconded by Ermeling to recommend approval.

Motion carried unanimously, 10-0.

Motion to approve the minutes and receive the memo carried unanimously, 10-0.

ADJOURN: 12:25 a.m.