League of Women Voters of Lawrence-Douglas County

P.O. Box 1072, Lawrence, Kansas 66044

February 14, 2006

 

 

Dr. Terry Riordan, Chairman

Members

Lawrence-Douglas County Planning Commission                                   

City Hall

Lawrence, Kansas 66044

 

RE: ITEM NO. 7: TEXT AMENDMENT TO SECTION 21-1201, CITY/COUNTY

            SUBDIVISION REGULATIONS

 

Dear Chairman Riordan and Planning Commissioners:

 

We appeal to you not to approve this text amendment that allows a reduction in the 50-foot setback on West 6th Street, modifying the set-back required by the City Code.  This is obviously an accommodation for the Bauer Farm development.  If this reduction is approved, because it would set a precedent, we anticipate many more requests of this type. 

 

While the special Corridor set-back is supported for aesthetic reasons, it can also be firmly justified on grounds of health and safety, especially by the need to avoid the construction of residential housing adjacent to a major 5-lane highway such as 6th Street. Regardless of the developer’s reasons for close street frontage of the Bauer Farm development, we cannot believe that New Urbanist principles would call for building residential uses so close to this major arterial that effective buffering and screening those residences against the noise, dust, glare, and air pollution from the street would not be feasible.

 

We support the staff position and urge the Planning Commission to recommend denial of this text amendment.

 

Sincerely yours,

 

 

 

Alan Black, Chairman                                        Caleb Morse

Land Use Committee                                         LWV L-DC Board

 

 

The following e-mail was received after the correspondence deadline for Planning Commission items:

 

-----Original Message-----
From: Sheila Stogsdill
Sent: Wednesday, February 22, 2006 12:39 PM
To: Dan Warner
Subject: FW: 50 foot setback

 

-----Original Message-----
From: Jane M. Eldredge [mailto:jeldredge@barberemerson.com]
Sent: Wednesday, February 22, 2006 12:18 PM
To: Sheila Stogsdill
Cc: Dave Corliss
Subject: 50 foot setback

Sheila

    Last Friday I e-mailed Dave Corliss to determine the status of any amendment to chapter 21 regarding the effect of condemnation on the 50 foot required setback on West 6th.  I have had no response from him yet.  However, based on the minutes that were attached to the staff report  it does not appear that there have been any amendments other than the ones being considered by the Planning Commission.  However, that proposal does not directly effect the one before the Planning Commission tonight. 

    The real issue is whether both sides of West 6th Street, a major gateway to Lawrence, should be treated in the same way.  Whether the planning policy is to have an extraordinary setback, or not, is the issue.  

    KDOT acquired 25 feet on both sides of this street, whether the land that was acquired is called right of way or permanent easement, KDOT now has the absolute right to expand the highway to the full width of the that 25 feet.  In the years to come, does the City want there to continue to be a 50 foot greenspace easement along 6th Street, an easement of some other width, or no easement at all?  If the City does not treat both sides of the street equally, it will create a precedent for other portions of 6th Street to be treated differently on the north and south sides of the street. The visual appearance of  the future development and redevelopment along 6th Street will be uneven and chaotic at best and unsightly at worst.

    Please let me know what the staff position is on this issue and when you expect it to be on the agenda this evening.

Thank you,

Jane

 

 

Jane M. Eldredge
Barber Emerson, L.C.
1211 Massachusetts
P.O. Box 667
Lawrence, Kansas 66044
(785) 843-6600
(785) 843-8405 (facsimile)
www.barberemerson.com
jeldredge@barberemerson.com