March 20, 2006

Cinco Hombres, LLC

Pennsylvania Street Investors, LLC

Attn: Bo Harris

730 New Hampshire, Suite 222

Lawrence, KS 66044

RE: CPA-2005-05: Amendment to Horizon 2020, Chapter 6, to address mixed-use development in redevelopment areas.

Z-12-80-05: Urban Conservation Overlay District for 8^th and Pennsylvania Streets.

Z-01-01-06: M-2 and M-3 to C-5; 5.49 acres between 8^th and 9^th and New Jersey and Delaware Streets.

PP-01-04-06: Preliminary Plat for 8^th and PA Neighborhood Redevelopment.

PF-01-03-06: Final Plat for 8^th and PA Neighborhood Redevelopment.

Dear Mr. Harris:

The Lawrence-Douglas County Metropolitan Planning Commission, at their meeting on Wednesday, March 15, 2006, voted 9-0 to recommend approval of the above-referenced Comprehensive Plan amendment to include Mixed-Use Redevelopment Centers.

At the same meeting, the Commission voted 9-0 to recommend approval of the Urban Conservation Overlay District for 8^th and Pennsylvania Streets, subject to the following conditions for the associated Design Guidelines:

Lot Area and Yard Regulations

1. The “Lot Area and Yard Regulations” table on page 12 should be revised to show a comparison of the table on page 6-2 of the proposed Land Development Code with the requirements of the Design Guidelines.

2. 16-foot lot width minimum should be clarified. (page 12)

3. A minimum lot area per lot of 1,872 square feet may need to be added if the justification for a 16-foot lot width minimum is to allow for individual sale of rowhouses. (page 12)

4. A minimum lot area per dwelling unit of 1,360 square feet per unit should be added. (page 12)

5. No setbacks, but language should be included which states that, during the site plan review process, City planning staff may deem setbacks necessary to mitigate impacts. (page 12)

6. No lot depth, as Lot 1, Block B exceeds the proposed 120-foot lot depth maximum by 16 feet. (page 12)

Landscaping

7. The number of required street trees should comply with the minimum number required per City standards. (page 57)

8. The preferred street tree list should be included in the document as an appendix.

9. Modify the tree well section to meet current city standards. (page 58)

Parking Requirements

10. Staff was directed by the Planning Commission to develop a memo refining the project’s parking utilizing the shared parking calculations in the Smart Code prior to consideration of the Design Guidelines by the City Commission on April 4, 2006.

11. Estimates of square footage of non-residential uses should be included for the purposes of estimating the number of parking spaces need for commercial/office uses.

Lighting

12. A note should be included stating: “In order to limit lighting impacts on adjacent residential property owners, low bollard lighting will be utilized in parking areas adjacent to residential properties. Standard pole parking lot lighting will not be utilized in these areas.” (pages 13, 18, 64, 68, and 73)

13. A note should be added stating that all external lighting will be shielded to prevent off-site glare.

Screening

14. Screening for ground and roof-mounted mechanical equipment shall be in accordance with City standards (landscaping or architectural treatment compatible with building architecture). (page 46)

15. Additional landscape screening may be required by City staff if deemed necessary to lessen impact of parking, lighting, or noise on neighboring residential properties.

Sidewalk Width

16. Minimum 5-foot sidewalk width for all public sidewalks. (page 56)

Development Review Process

17. A section should be included which outlines the development review process for redevelopment/development of lots within the Urban Conservation Overlay District. Site plan applications and, when applicable, replat and/or rezone applications, which are in accordance with City standards applicable at the time, are required for redevelopment or development within the UCO District. Site plans will undergo Historic Resources Commission review in addition to the standard site plan review.

Draft Land Development Code

18. Regarding the cited Section numbers for the City’s existing Zoning Regulations, a note should be included next to each Section number stating: “or subsequent applicable City standards”, as the stated Section numbers will not be applicable with Zoning Regulations other than those in use today.

Also at the March 15, 2006 meeting, the Commission voted 8-1 to recommend approval of the above-referenced rezoning request, subject to the following condition:

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

Additionally, the Commission approved the 8^th and PA Neighborhood Redevelopment Preliminary Plat with a 9-0 vote, subject to the following conditions:

1. Revision of the plat to include the following:

a. Notation of the construction of new sidewalks along the eastern and western sides of Pennsylvania and Delaware Streets and along the southern side of 8^th Street. These sidewalks should be a minimum of five feet in width.

b. Provision of pedestrian easements along one side of Pennsylvania and Delaware Street and along the southern side of 8^th Street.

c. Notation of a future transit stop on the west side of Delaware Street, as noted in the Design Guidelines.

d. Notation of project gross acreage and acreage within each zoning district within the Site Summary.

Lastly, the Commission recommended approval of the 8^th and PA Neighborhood Redevelopment final plat with a 9-0 vote, 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 21-7081.3.
2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
3. Submittal of Agreements Not to Protest Improvements to the intersections of 9^th and Connecticut Streets and 11^th and Delaware Streets.
4. Submittal of public improvement plans for the extension of Delaware Street, sidewalks along both sides of Pennsylvania and Delaware Streets and along the southern side of 8^th Street, reconstruction of Pennsylvania Street to expose original brick, and extension and/or upgrade of sanitary sewer, stormwater, and water mains.
5. Prior to scheduling of the final plat on an agenda for City Commission acceptance of rights-of-ways and easements, a downstream wastewater analysis will need to be approved by the City’s Utilities Department. [Note: The Planning Office received notification of approval of the downstream wastewater analysis by the Utilities Department on March 10, 2006. Any change/addition to the type or density of development other than what was submitted with the original wastewater study requires an updated study.]
6. Revision of the plat to include the following:
1. Pedestrian easements should be shown on the final plat along one side of Pennsylvania and Delaware Streets and along the southern side of 8^th Street. These easements are necessary to ensure that sidewalks are constructed with the subject project on both sides of 8^th and Pennsylvania Streets and along the southern side of 8^th Street. These sidewalks should be a minimum of five feet in width.

The City Commission is scheduled to consider the Planning Commission’s recommendations on the Comprehensive Plan amendment, Urban Conservation Overlay District, rezoning, and final plat applications at their April 4, 2006 meeting. In addition to the notes above, staff was directed to research a method by which to limit certain noxious uses from the allowable uses within the C-5 zoning district prior to the City Commission meeting. Please contact me at 785-832-3165 with any questions.

Sincerely,

Lisa Pool

City/County Planner

cc: Bartlett and West Attn: Darron Ammann 628 Vermont Street Lawrence, KS 66044-2252

Lynne Zollner, Historic Resources Administrator/ Michelle Leininger, Long-Range Planner/ File