PC minutes

 02/16/06 & 2/22/06

 

ITEM NO. 7:              TEXT AMENDMENT TO SECTION 21-1201, CITY/COUNTY SUBDIVISION REGULATIONS (DDW)

 

TA-01-01-06: Consideration of repeal or amendment of the 50' setback along W. 6th Street/US 40 between Monterey Way & Wakarusa Drive (Chapter 21, Article 12).  Initiated by the City Commission on January 17, 2006.

 

STAFF PRESENTATION

 

Dan Warner gave the staff presentation and discussed the how the 50’ rule is rooted in the Western Development Plan.  The benefit of the amendment would go to those property owners that have yet to plat their properties.  13 properties between Monterey Way and Wakarusa Drive have platted a 50’ setback.  Mr. Warner also provided handouts, at the request of Commissioner Krebs, which showed various parking lot and building setbacks from Lawrence Avenue west.

 

PUBLIC COMMENT

 

Dan Watkins, an attorney representing the Bauer Farm property, spoke in favor of amending the 50’ rule.  He said the aerials are instructive and show that parking lots and buildings are closer to 6th Street between Eldridge and Monterey Way due to the uneven acquisition of right-of-way.

 

The staff report talks about balance and consistency.  The 50’ setback was to create a 200’ corridor (100’ ROW and 50’ setback on either side).  The goal was 200’.  Now with 6th Street improved, we have 150’ of ROW west of Congressional which now creates a 250’ corridor.  There is 50’ on either side between Monterey Way and Eldridge.  There also is 50’ on either side between Eldridge and Folks.  Mr. Watkins used a map to illustrate these setbacks.

 

The setback on the NW corner of Folks will be 75’, which is 25’ further back than Douglas County Bank, located on the NE corner of this intersection.  There is 100’ on the south side (ROW plus setback), but here will be 125’ on the north, which creates an unbalanced corridor.  Mr. Watkins suggested focusing only on the north side of 6th Street between Folks and Wakarusa and use the controlling zoning district in this part of the corridor.

 

Commissioner Eichhorn motioned to extend the meeting to 11:00pm.  The motion was approved.

 

Mr. Watkins disagreed with staff’s opinion that the City Commission did not make a recommendation on this item.  He felt the fact that they initiated the action amounted to a recommendation.

 

Jane Eldredge, local attorney, felt Mr. Watkins map was slightly misleading.  The District Court, in the condemnation case for the Westgate property, determined that the permanent easement acquired at the SE corner of 6th and Wakarusa is the same as ROW.  If the goal is to keep a balanced corridor we need to treat both sides of the street the same. 

 

Mr. Watkins said the setback should be measured from the ROW, not the easement line. 

 

Ms. Eldridge said the Court determined the easement is treated as ROW on the south side.  Ms. Eldridge and Mr.Watkins continued to debate the issue.

 

Commissioner Riordan suggested the City’s legal counsel weigh in on the issue.

 

Commissioner Burress moved to defer the item until the next meeting so the City’s legal counsel could provide an opinion on the Chapter 21 government takings text amendment.  Commissioner Jennings seconded the motion. 

 

The motion carried 8-0.

 

The Commission resumed discussion of this item at the meeting on February 22, 2006.

 

STAFF PRESENTATION

 

Dan Warner gave the staff presentation and discussed the how the 50’ rule is rooted in the Western Development Plan.  He discussed that it appears the 50’ rule appears to be working.  The corridor governed by the rule has a different character than the corridor east of Monterey Way.  In addition, the benefit of the amendment would go to those property owners that have yet to plat their properties.  13 properties between Monterey Way and Wakarusa Drive have platted a 50’ setback.

 

Commissioner Riordan asked Dave Corliss about the affect on the south side vs. the north side.  Mr. Corliss said the Chapter 21 text amendment for government takings has not been fully adopted.  An additional public hearing at the County Commission is required.

 

PUBLIC COMMENT

 

Dan Watkins asked Mr. Corliss if the City Commission did conceptually approve the Chapter 21 text amendment.  The City stands to lose millions of dollars if it isn’t approved.  Mr. Corliss said it is the City’s intent to approve the TA.  The TA will need a separate hearing because the Board of County Commissioners must act on it.  The intent is not to harm existing uses.

 

Dan Watkins asked what happens if it passes and there is redevelopment on the south?  Mr. Corliss said existing development is not harmed.

 

Jane Eldredge indicated she was not sure the discussion on takings is relevant to this TA.  She showed a diagram to help illustrate her point.  She’s suggested the Commission consider repealing the setback and apply equal treatment to both sides of the street.

 

Dan Watkins – reiterated his earlier comments regarding the uneven situation created west of Congressional.  The property north of 6th and west of Folks will be pushed back an additional 25 feet. 

 

Commissioner Burress wanted to know staff’s legal opinion on the amendment.  Mr. Corliss said staff had no legal opinion about the amendment.

 

Sheila Stogsdill clarified the setback for the Bauer Farm Development has been proposed at 10-15’, not the 25-30’ that zoning district would provide. 

 

Mr. Watkins said he is looking to the City Commission for direction.

 

Commissioner Krebs asked Mr. Watkins what the Bauer projects intention is for setbacks?  Mr. Watkins replied that they are looking for the ability to submit a plan that doesn’t require a 50’ setback.  If the amendment is repealed and the controlling zoning district setback is being used, then they will ask for 25’.

 

Commissioner Harris asked staff if there were other considerations than just this property.  Mr. Warner replied there are other considerations than just this property.  Redevelopment without the 50’ setback has the potential to have more buildings along the corridor.

 

Commissioner Krebs asked about the intent of the 50’ setback.  Mr. Warner responded the intent is rooted in the Western Development Plan.  The intent is to protect the visual integrity of the corridor with greenspace and landscaping.

 

Dan Watkins suggested removing the 50’ setback between Folks and Wakarusa.

 

Paul Patterson said the City purchased 25’ of ROW on the Bauer property.  The City Commission conditionally approved the PDP.  The City Commission required the PDP come back to them once it meets the conditions.

 

COMMISSION DISCUSSION

 

Commissioner Hasse said the setback should be measured from the edge of the ROW.  The Gateway Committee has stated its opposition to removing the 50’ setback.  The 50’ setback is there to preserve greenspace and provide adequate landscaping.

 

Commissioner Burress stated his biggest issue is protecting the City’s resources, which in this case is the 50’ setback.  Bauer Farm doesn’t work.  There isn’t enough space.  It would work if the roadway was a boulevard.

 

Commissioner Eichhorn stated that a boulevard would be difficult due to existing development.  He isn’t concerned about 25’.

 

Commissioner Hasse suggested it may be prudent to wait and see what the revised plan comes back as.

 

COMMISSION ACTION

 

Commissioner Hasse motioned to accept the staff report and forward a recommendation of denial.  The motioned was seconded by Commissioner Erickson.

 

The motion for denial was approved 7-2 (Eichhorn, Lawson voting in opposition).