PLANNING COMMISSION MEETING
August 27 & 29, 2007
Meeting Minutes
_______________________________________________________________________
August 27, 2007 – 6:30 p.m.
Commissioners present: Blaser, Chaney, Eichhorn, Finkeldei, Harkins, Harris, Hird, Jennings, Moore and Student Commissioner Robb
Staff present: McCullough, Day, J. Miller, Leininger, and Brown
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MINUTES
Discussion regarding July 23 & 25, 2007 draft minutes -
Commissioners Jennings and Finkeldei had minor revisions on pages 19 & 25.
Motioned by Commissioner Moore, seconded by Commissioner Finkeldei, to approve the minutes of the July 23 & 25, 2007 meeting with discussed revisions.
Motion carried, 8-0-1, with Commissioner Harris abstaining. Student Commissioner Robb also voting in the affirmation.
COMMITTEE REPORTS
Commissioner Eichhorn advised that the Rural Zoning Committee met.
Commissioner Harris stated that the Transportation 2030 Committee had been meeting regularly and will be discussing scenarios for transportation within the community. Public meetings will be held in late September.
COMMUNICATIONS
Item 1 – SUP for 637 Tennessee
Item 5 – SUP for KU Boathouse
· Letter from Alison Roepe
Item 7 – Revised Southern Development Plan
· Letter from Neil Wakefield
Item 8 – CPA-2007-3
Misc.
· Memo from Staff to initiate rezonings for future public hearing.
· Revised Bauer Farm minutes from the July 23rd PC meeting.
· Planning Commission committee & special projects update.
EX PARTE / ABSTENTIONS / DEFERRAL REQUEST
· No ex parte
· No abstentions
· Items 1, 2A, 2B, & 3 were deferred
PC Minutes 8/27/07
ITEM NO. 1: SPECIAL USE PERMIT; 637 TENNESSEE (SLD)
SUP-04-05-07: Special Use Permit for renovations at 637 Tennessee Street. Submitted by Serina Hearn and Tony Backus, for Serina Hearn, Rainbow Works LLC, property owner of record.
Item 1 deferred prior to the meeting.
Mr. McCullough stated that SUP-04-05-07 had been requested to be deferred and Staff supported the deferral request.
Commissioner Eichhorn asked the applicant, Tony Backus, if the facts that Mr. McCullough said were true and Mr. Backus agreed they were.
Mr. John Miller, City Attorney, stated that the City received the information Friday morning and had preliminary discussions with Staff and the applicants attorney that it might be appropriate to grant the deferral request.
Commissioner Eichhorn inquired if the new information came from the Neighborhood Resources Department to the applicant on Friday.
Mr. Miller replied that Ms. Hern did not get the documents from Neighborhood Resources until Thursday or Friday, prior to this meeting. She then took that information to her attorney and he submitted them to the Planning Department for consideration.
Ms. Hern clarified that Tony Backus requested the information from Neighborhood Resources in May and just received the information Friday, August 24, 2007.
Commissioner Harris asked Staff if the new information may make the previous information mute.
Mr. McCullough stated that it was possible that it could make it a mute application and perhaps a matter of being grandfathered in.
Motioned by Commissioner Harkins, seconded by Commissioner Hird to defer SUP-04-05-07 to the September 24, 2007 Planning Commission meeting.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 8/27/07
ITEM NO. 2A: CN1 & RM32 TO PCD-2; .459 ACRES; 618 W 12 TH ST (SLD)
Z-07-13-07: A request to rezone a tract of land approximately .459 acres, from CN1 (Inner Neighborhood Commercial) & RM32 (Multi-Dwelling Residential) to PCD-2 (Planned Commercial Development). The property is located at 618 W 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record.
Item 2A deferred prior to the meeting.
PC Minutes 8/27/07
ITEM NO. 2B: PRELIMINARY DEVELOPMENT PLAN FOR OREAD CIRCLE; 618 W 12 TH ST (SLD)
PDP-07-03-07: Preliminary Development Plan for Oread Circle Eldridge on the Hill, located at 618 W 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record.
Item 2B deferred prior to the meeting.
PC Minutes 8/27/07
ITEM NO. 3: RMG TO CN1; .483 ACRES; 1420 CRESCENT ROAD (SLD)
Z-07-15-07: A request to rezone a tract of land approximately .483 acres, from RMG (Multi-Dwelling Residential-Greek Housing) to CN1 (Inner Neighborhood Commercial). The property is located at 1420 Crescent Road. Submitted by Barber Emerson, LC, for William Muggy, property owner of record.
Item 3 deferred prior to the meeting.
PC Minutes 8/27/07
MISC. ITEM NO. 1:
Discussion of future mid-month topics.
Ms. Leininger presented the parking lot list and said she needed the Planning Commission to update the list with any changes.
Commissioner Eichhorn stated that Staff would now keep the list going instead of the Planning Commission.
Commissioner Harris asked when the TIP would be due for the Southern Development Plan.
Commissioner Finkeldei replied that it is on the work program to be done in the first quarter of 2008.
Commissioner Eichhorn said that in September there will be discussion about PlaceMakers and in October there will be a Transportation 2030 update.
Commissioner Harris stated that in November there should be some Transportation 2030 updates as well.
Discussion of the Transportation 2030 meeting in Topeka on August 24, 2007.
The Commissioners and Mr. McCullough discussed the Transportation 2030 meeting.
Consideration of any other business to come before the Commission.
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Recess at 7:30 P.M. until August 29, 2007.
PC Minutes 8/29/07
_______________________________________________________________________
Reconvene August 29, 2007 – 6:30 p.m.
Commissioners present: Blaser, Chaney, Eichhorn, Finkeldei, Harkins, Harris, Hird, Jennings, Moore and Student Commissioner Robb
Staff present: McCullough, Stogsdill, Gock, J. Miller, M. Miller, Patterson, and Brown
_______________________________________________________________________
BEGIN PUBLIC HEARING (AUGUST 29, 2007):
COMMUNICATIONS
Misc.
· Memo from Staff to consider initiation of text amendments.
· Memo from Staff to initiate rezonings for future public hearing.
(the version distributed during the Monday was missing the maps)
· Memo from Staff to revise Planning Commission by-laws to delete swearing in of speakers.
EX PARTE / ABSTENTIONS / DEFERRAL REQUEST
· No ex parte
· No abstentions
PC Minutes 8/29/07
ITEM NO. 4: BRIEFING FROM KDOT ON STATEWIDE LONG RANGE TRANSPORTATION PLANNING PROCESS
Receive a briefing from KDOT on the Statewide Long Range Transportation Planning process currently underway.
KDOT PRESENTATION
Joel Skelley, with the Kansas Department of Transportation (KDOT), gave a PowerPoint presentation about Long-Range Transportation. He stated that having Long-Range Transportation was important for the following reasons:
· Sets the framework for a new program
· Creates a transportation vision for the state
· Makes transportation a more accessible business tool
Thomas Dow, KDOT, was present in the audience as well.
Commissioner Harkins expressed concern about fuel and greenhouse gases and inquired about environmentally friendly options.
Mr. Skelley said that environmental issues were being considered.
Mr. Dow said that the existing long-range plan had extensive involvement from the state and that there would be opportunities in the future for more feedback.
Commissioner Harris felt that some sort of regional review would be a good idea.
Mr. Skelley believed there were regional meetings set up for the future.
Commissioner Harris stated that the condition of local roads had decreased over the past 4 years and funding was tight. She encouraged KDOT to inform the locals to get involved and get priority in funding because local roads have the most impact.
PUBLIC COMMENT
No public comment.
PC Minutes 8/29/07
ITEM NO. 5: SPECIAL USE PERMIT; KU BOATHOUSE (PGP)
SUP-07-06-07: Special Use Permit for KU Boathouse, located at 2nd & Indiana. Submitted by Landplan Engineering, for the City of Lawrence, property owner of record.
STAFF PRESENTATION
Mr. Paul Patterson, presented the item. Staff recommended approval.
APPLICANT PRESENTATION
Andrew Pitts, Treanor Architects, showed pictures of the site and proposed concrete building. He stated that this was an optimal location for entering and exiting the park and with the recommendation of the Parks and Recreation Department they decided that this location would be the best for the building. He said the building would not obstruct any views. The first floor of the building would be for boat storage, the second floor would be used for locker rooms, team room and training room.
Warren Corman, Kansa University Chancellors Office, said the project was important because every university needed to make equal quality of sports between men and women varsity sports. KU is building a pretty nice facility for the football team so the same should be done for the woman’s rowing team.
Mr. Pitts said there were questions about the height of the building from the public. He clarified that the building would not go above the tree line and would not be seen from the road. He also said that they have been working with the Parks and Recreation Department about the trees in the area. The building would have flood vents and water would be able to go in and out of the building during floods.
Commissioner Harkins asked how far into the floodplain it would be.
Mr. Pitts said that it was about 200’ into the floodplain. He said that they did look at areas that were in the floodplain instead of the floodway but it would be across the river which would cause more impact to the wooded area.
Commissioner Hird inquired about the limited parking.
Mr. Pitts said that when there are larger crowds they have worked with the VFW to use their parking.
Commissioner Blaser said that the Development Code states that it would have to be for community use in open space. He felt that the rowers needed the building but he did not know if this was the right location.
Mr. Pitts said that part of the lease agreement would allow the ability for the City to use the facility. The Parks and Recreation Department was interested in having younger people becoming involved in rowing.
Commissioner Harris asked if the use of the building would be restricted to the use of the park hours.
Mr. Pitts said that the rowing team would only use daylight hours which would be the hours of the park.
Commissioner Harris inquired about the liability to the City of a private facility on public land.
Mr. Pitts said he assumed Kansas University Athletics would cover the liability.
John Miller, City attorney, said that liability would be addressed with Kansas University Athletics and that there are regulations through the Parks and Recreation Department.
Commissioner Harris asked if Mr. Miller if he was comfortable that the City would be adequately covered.
Mr. Miller felt that that ultimately the City would be comfortable with the agreement with Kansas University Athletics.
Commissioner Hird inquired about the Special Use Permit process.
Mr. Patterson stated that there had already been a public hearing meeting at City Commission with a tentative agreement, which was part of condition 1 of the Staff Report. The SUP would then be approved by City Commission in September and a lease agreement would follow that.
Student Commissioner Robb inquired about what would happen to the current storage facility.
Mr. Pitts said that the Parks and Recreation Department would look into what should happen to the old storage facility. He said that it will not be used by the rowing team though.
PUBLIC COMMENT
Alison Roepe, Pinckney Neighborhood, was concerned about the impact on mature trees in the park. She was concerned that the trees were not being considered in the project. She inquired about the possibility of moving the building closer to the river to protect the trees.
Steven Moody, felt that the potential for community rowing was needed and that the facility would build a foundation of community rowing. He stated that boat houses were typically built in floodways and that this project was designed to respect the area. He said there will be some impact on the trees but that there are plans to replace some of the trees.
Commissioner Eichhorn asked about the reasoning for such a large pad site outside the building.
Mr. Moody said that an 8 person rowing boat was 90 feet long and the boat had to be taken directly out of the building and then turned to walk it down to the river. The boats would then need an area big enough to wash them before storing.
Commissioner Finkeldei inquired about how many members were in the Club program.
Mr. Moody said the Club Team was a non-supported team, but that the membership varies from 40-65 men and women who have their own boats.
Jennifer Myers, assistant coach for the Kansas University rowing team, said that a concrete pad site was needed to stabilize the boats.
COMMISSION DISCUSSION
Commissioner Moore inquired about the location of parking stalls and how trash will be serviced.
Mr. Pitts said there are 2 parking lots within the park area and that trash service will be handled by Kansas University Athletics.
Commissioner Moore wanted to be sure that protection of the water supply during the construction phase would be written into the agreement.
Mr. Pitts said that the water supply would be protected.
Commissioner Finkeldei asked why the pad site would be concrete.
Mr. Pitts said it would be for the moving and maintenance of the boats. The solid piece of large pad site would be to minimize the amount of dirt traffic and reduce the maintenance cost of the facility and damage to the boats.
Commissioner Finkeldei inquired about outside lighting.
Mr. Pitts said that there would be security lighting.
Commissioner Eichhorn asked if the lighting would affect the neighbors.
Mr. Pitts said no, the lights would not reach the neighbors.
Commissioner Harris asked why pervious pavement used was not used.
CL Mauer, Landplan Engineering, said that pervious pavement would not be able to withstand Kansas winters. The water would seep into the concrete and then freeze and crack.
Commissioner Finkeldei asked about Ms. Roepe earlier comments about the removal of 13 trees.
Mr. Pitts said he believed it would be 6 or 7 trees removed but they will work with the Parks and Recreation Department to minimize the effect as much as possible.
Commissioner Finkeldei felt the project was a great proposal and a needed facility.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Chaney, to approve the Special Use Permit for the construction and use of a new KU Crew Boathouse Facility (active recreation within an Open Space Zoning District) adjacent to the Kansas River at Burcham Park, and forwarding of the SUP to the City Commission with a recommendation for approval, based upon the findings presented in the body of the staff report and subject to the following conditions:
1. Execution of a lease agreement and/or a development agreement between the City of Lawrence and the University of Kansas.
2. Completion of conditions of approval from the Historic Resources Commission and Board of Zoning Appeals.
Board of Zoning Appeals, Conditions of Approval, August 2, 2007 [B-06-07-07]
1) The proposed boathouse be designed and constructed to floodproof the building per FEMA’s floodproofing requirements;
2) The proposed boathouse be designed and constructed to withstand the velocity and pressure of locating within the floodway of the Kansas River;
3) The proposed boathouse be designed and constructed to allow for easier clean-up and recovery after a flood event;
4) A method be devised so persons at the facility would be aware when the river is rising and that they are required to vacate the area to higher ground;
5) A Special Use Permit be obtained for the location of Active Recreation within the Open Space Zoning District from the City of Lawrence; and
6) Approval of a local (and if required, State) Floodplain Development Permit.
Historic Resources Commission, Conditions of Approval, June 21, 2007 [DR-05-69-07]
1) Applicant work with the Architectural Review Committee to finalize size, scale, massing and material for the project.
2) Any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work.
3) Complete construction documents will be submitted and approved by the Architectural Review Committee prior to the issuance of a Building Permit.
4) The applicant sufficiently complete any processes required by the Director of Planning, as well as obtain any necessary variances from the Board of Zoning Appeals; Approval of this application by HRC does not guarantee the approval of the associated plan or any required variances.
3. Publication of a Special Use Permit ordinance per Section 20-1306 (j).
Unanimously
approved 9-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 8/29/07
ITEM NO. 6A: ANNEXATION OF .952 ACRES; NE CORNER OF E 1700 & N 1300 ROADS (MKM)
A-07-06-07: Annexation of approximately .952 acres, located near the NE corner of the intersection of E 1700 & N 1300 Roads. Submitted by Peridian Group, Inc, for the City of Lawrence, property owner of record.
Items 6A, 6B, & 6C were heard together.
STAFF PRESENTATION
Ms. Mary Miller presented items 6A, 6B, and 6C. She said that no public comment had been received.
APPLICANT PRESENTATION
Mitch Walthall, Peridian Group, was present for questioning.
COMMISSION DISUCUSSION
Commissioner Harkins inquired why the City was doing this now.
Ms. Miller said that the City was trying to accommodate anticipated growth and consolidate the existing three pump stations.
ACTION TAKEN
Motioned by Commissioner Moore, seconded by Commissioner Chaney, to approve the requested annexation of approximately .952 acres located near the intersection of E 1700 & N 1300 Roads and forwarding it to the Board of County Commissioners for a finding that the annexation won’t hinder the orderly growth and development of the community and to the City Commission with a recommendation for approval based on the findings found in the body of the staff report.
Unanimously approved 9-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 8/29/07
ITEM NO. 6B: A TO OS; .952 ACRES; NE CORNER OF E 1700 & N 1300 ROADS (MKM)
Z-07-14-07: A request to rezone a tract of land approximately .952 acres, from A (Agricultural) to OS (Open Space). The property is located near the NE corner of the intersection of E 1700 & N 1300 Roads. Submitted by Peridian Group, Inc, for the City of Lawrence, property owner of record.
Items 6A, 6B, & 6C were heard together.
PUBLIC COMMENT
No public comment.
ACTION TAKEN
Motioned by Commissioner Moore, seconded by Commissioner Chaney, to approve the rezoning request for .952 acres from A (Agricultural) District to OS (Open Space) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning ordinance
Unanimously
approved 9-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 8/29/07
ITEM NO. 6C: PRELIMINARY PLAT FOR SE LAWRENCE BENEFIT DISTRICT NO. 1; NE CORNER OF E 1700 & N 1300 ROADS (MKM)
PP-07-08-07: Preliminary Plat for SE Lawrence Benefit District No. 1, a one-lot subdivision, located near the NE corner of E 1700 & N 1300 Roads. Submitted by Peridian Group, Inc, for the City of Lawrence, property owner of record.
Items 6A, 6B, & 6C were heard together.
PUBLIC COMMENT
No public comment on the Variance.
ACTION TAKEN
Motioned by Commissioner Moore, seconded by Commissioner Harris to approve the requested variance to Section 21-810(d)(1)(v) of the Subdivision Regulations requiring annexation of the full right-of-way of all boundary line roads at the time of preliminary plat approval.
Unanimously approved 9-0. Student Commissioner Robb also voted in the affirmation.
Motioned by Commissioner Moore, seconded by Commissioner Blaser to approve the Preliminary Plat of SE Lawrence Benefit District No. 1 and forwarding to City Commission for acceptance of easements and right-of-way subject to the following condition:
1. E 1700 Road is a major collector which requires 80’ of right-of-way. One-half the road right-of-way must be dedicated with this plat. The plat must be revised to show that 40’ of road right-of-way (not road easement for right-of-way) is being dedicated with this preliminary plat.
Unanimously
approved 9-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 8/29/07
ITEM NO. 7: REVISED SOUTHERN DEVELOPMENT PLAN (MJL)
Consider approval of the Revised Southern Development Plan.
STAFF PRESENTATION
Mary Miller presented the item on behalf of Michelle Leininger who could not be present for the meeting.
Commissioner Harkins said that the draft plan references T2025 and wondered if it could include any future transportation plans (T2030).
Mr. McCullough was not opposed to that.
Commissioner Harris inquired if the area of the map that may change to medium density included the Snodgrass property.
Ms. Miller replied, correct.
Mr. McCullough said that Chapter 14 Specific Plan states that more specifics apply annual review and would amend the map.
Commissioner Harkins asked if the hierarchy plans needed language stating which one superseded the other.
Mr. McCullough said that Chapter 14 referenced those maps.
PUBLIC COMMENT
Jane Eldredge, attorney representing the Snodgrass family, said that the current zoning showed RM12 to the North. She requested that the Snodgrass property be shown as medium-density and change the written description.
Commissioner Harris thought the green area of the map could be a pedestrian connection like a public park.
Mr. McCullough did not think that the opportunity would be lost to use that space as a park, whether it was medium or low density it would still be a possibility.
Bonnie Johnson, President of the Indian Hills Neighborhood Association, said that the medium density referred to on the North was zoned RM12 but that it was a mix of duplexes and single family homes. Before the new zoning code was adopted the neighborhood wanted to rezone the property to duplex zoning to head off the argument of the area to the N being RM12. When they instigated that the zoning code changed and the new zoning code did not have a duplex zoning. The fill on the property was done under the county regulations. The neighborhood had concerns about the fill because it drains to the neighborhood and might back up to our neighborhood. There neighborhood was much more comfortable with low-density and was consistent with the area. She inquired about the Traditional Neighborhood Design being an option if someone wanted to use it and felt that getting all of the designs to work together would be difficult. She was disappointed that there was not more public involvement.
Commissioner Harris asked if Ms. Johnson’s neighborhood was involved formally in the planning process.
Ms. Johnson said that the Comprehensive Plan Committee meetings were held during the day.
Jeanne Ellermier, one of the original Indian Hills Neighborhood Association organizers, had tried to meet with the Snodgrass family without success. She was appreciative of the Comprehensive Plan Committee allowing the neighborhood to discuss issues at their meeting. She had concerns about drainage, flooding, and traffic pressures. She said that the Snodgrass property had been filled up with water for years and that the floodplain acted as a dam between water from the north and south.
Ms. Eldredge said the buildings on the north side of the Snodgrass property were duplexes and triplexes. She stated that the Snodgrass’ have not caused the neighborhood traffic and have been good neighbors. She also said that it was not appropriate and economically feasible to have single-family facing medium-density.
Marilyn Bittenbender, real estate agent representing clients living in the area, stated that the neighbors have paid into several benefit districts that have never happened. She said that this plan was a positive step.
Commissioner Jennings said that Comprehensive Plan Committee spent a fair amount of time on the Snodgrass property. He stated that 90% of the development plan had already been developed. He went on to say that it would be a difficult location for single-family homes with roads. He had a hard time imagining single-family homes backed up to the traffic and thought it would be a bad location for single-family homes. He understood the neighborhood would like lower density but there are traffic issues. The access was not great and would lend itself to a smaller building, not a strip mall.
Commissioner Eichhorn said there was opportunity for 31st Street to be a boulevard.
Commissioner Moore asked if part of the hold up on the intersection of 31st & Louisiana was that it was not within city limits and should it be something that TAC looks at.
Ms. Stogsdill replied, yes.
Commissioner Finkeldei said that it was certainly something that TAC could talk about. 31st had been talked about and the County was certainly interested in doing something with the intersection. Putting stoplights at that intersection would be expensive but putting development at that intersection might move that along.
Commissioner Moore said that the area was impacted by roads, floodplain, and duplex/triplex/section 8 and makes the Snodgrass property less likely as single-family.
Commissioner Harkins stated that 31st & Louisiana was impacted by the amount of traffic on Louisiana.
Commissioner Harris said she would like see more detail included on the plan and to consider pedestrians, parks, and drainage.
Mr. McCullough said that there were options to develop in problem prone areas like this one.
Commissioner Harris inquired about the issue of valves being shut and then water backing up.
Mr. McCullough said he was not familiar with local issues.
Commissioner Harris wanted to know if that could be addressed on the plan.
Mr. McCullough said that decisions are based on lists when plans are looked at.
Commissioner Eichhorn stated that the City just spent money to purchase homes that were prone to flooding. He had concerns about Naismith Valley Park flooding and wanted to know if they should designate local areas that they know will flood and give them special consideration.
Mr. McCullough said that was a question of how detailed they would want to get with the nodal plans. He said that there was a application that prompted the revision of something that was already in place.
Commissioner Jennings said that development would involve evaluation of drainage impacts.
Mr. McCullough said he was not sure of the history and the filling of the property over the years but it would require a proper drainage study. He said that on projects where water problems are known they look to correct those and that sometimes development can fix drainage problems.
Commissioner Harris asked about commercial development south of the South Lawrence Trafficway and what would prevent a developer from putting something commercial there.
Commissioner Moore said that site would be difficult.
Commissioner Jennings stated that it did not seem like a good place for someone to live.
Commissioner Harris asked Commissioner Jennings if he envisioned that large piece of land to be a hotel, car dealership, etc.
Commissioner Jennings replied, yes, it would probably have to have some sort of auto related use. There was not connectivity at all and was fairly isolated.
Commissioner Harris said that it seemed that that use would make more sense than a large retail use and she would feel more comfortable if it were labeled as such. She also stated that on the plan she noticed that the SLT was referred to as a future road and she wanted to know if it could be called a potential future road.
Commissioner Finkeldei said that all of the plan had potential land use. He did not favor the detailed plan because he did not know what would go there in the future and what will come 10 years from now. He did not want to spend Staff resources and time coming up with details for things that might change in the future. The plan was based on assumptions that could be wrong, but it is what they have to work with. He felt it was a great step forward and thought they should push forward with what they had and it was certainly better than what they have on the books today.
Commissioner Harkins said the plan represented progress and also felt that the Snodgrass property should be medium density.
Commissioner Eichhorn took a straw poll and all Commissioners said they would be in favor except Commissioner Harris.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Harkins to recommend approval of the revised Southern Development Plan with the following two changes; the addition of a reference to T2030 and subsequent transportation plans and changing the maps on pages 21 and 22 related to the Snodgrass property to medium-density residential, also making the corresponding change on page 18 in the descriptions, and forward to the City and County Commissions for approval.
Motion carried 8-1, with Commissioner Harris in opposition. Student Commissioner Robb voted in the affirmative.
Commissioner Harris asked if the South Lawrence Trafficway shown would affect how someone could develop where 42nd Street would be.
Mr. McCullough said the Exchange rezoning does recognize the alignment shown and he would anticipate that it would be eligible for development.
PC Minutes 8/29/07
ITEM NO. 8: CPA-2007-3 (MJL)
CPA-2007-3 Amend Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Revised Southern Development Plan and authorize the Chair/Vice-Chair to sign PC Resolution 2007-04.
STAFF PRESENTATION
Mary Miller presented the item on behalf of Michelle Leininger who could not be present for the meeting.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve CPA-2007-3, comprehensive plan amendment to Horizon 2020, Chapter 14, Specific Plans, and recommend forwarding the comprehensive plan amendment to the Lawrence City Commission and the Douglas County Board of County Commissioners with a recommendation for approval.
Motion carried 8-1, with Commissioner Harris in opposition. Student Commissioner Robb voted in the affirmative.
PC Minutes 8/29/07
MISCELLANEOUS NEW OR OLD BUSINESS
Mr. McCullough advised the Commission of a memo from Staff to initiate the following rezonings.
1. The Final Plat of Oregon Trail, Tract A. The Final Plat of Oregon Trail was approved by the City Commission with a drainage easement for a large detention pond. A revised final plat was submitted which showed the drainage easement as Tract A (approximately 4.28 acres) and the property was transferred to the City for parkland. The rezoning request was not corrected to reflect this change and the property became zoned RM12D, RM12 and RS7; including the parkland.
Motioned by Commissioner Moore, seconded by Commissioner Harris to initiate the rezoning of the Final Plat of Oregon Trail, Tract A, approximately 4.28 acres, from RM12D and RS7 to OS District.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
2. Pump Station 48; 1851 N Folks Road. A 9.656 acre parcel was annexed into the City in preparation for Pump Station 48. This property will require platting and zoning prior to development.
Motioned by Commissioner Moore, seconded by Commissioner Harris to initiate the rezoning of Pump Station 48, approximately 9.656 acres, from A District to GPI District.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
3. The Final Plat of Mary’s Lake, Tract A. The final plat for Mary’s Lake included 5.792 acres in Tract A which was to be conveyed to the City of Lawrence as parkland. The final plat was approved by the City Commission on March 7, 2006 and recorded on September 27, 2006. Tract A was previously zoned M-1A (Light Industrial) District which converted to IL (Limited Industrial) District with the adoption of the Land Development Code.
Motioned by Commissioner Moore, seconded by Commissioner Harris to initiate the rezoning of the Final Plat of Mary’s Lake, Tract A, approximately 5.792 acres, from IL to OS District.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
4. Evidence Storage Facility; 900 E 15 th Street. This property was zoned M-2 (General Industrial) District when the site plan for the City of Lawrence Evidence Storage Facility [SP-09-61-04] approved in 2005. The M-2 Zoning classification converted to IG (General Industrial) with the adoption of the Development Code. When the site plan was the northern 140 feet of the property was designated as open space to address neighborhood concerns about the possible impact of the facility. The open space containing the drainage channel is a continuation of the open space pattern established by Parnell Park to the south. As one goal of the new zoning classifications is to reflect the actual use of the property Staff would recommend that the rezoning to OS (Open Space) include the open space to the east as well as the northern portion.
The use of the property as evidence storage would classify it as ‘public safety’ which is a permitted use in the GPI (General Public and Institutional Use) District.
Motioned by Commissioner Moore, seconded by Commissioner Harris to initiate the rezoning of 900 E 15th Street, approximately 1.80 acres, from IG to OS District.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
Motioned by Commissioner Moore, seconded by Commissioner Harris to initiate the rezoning of 900 E 15th Street, approximately 1.13 acres, from IG to GPI District.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
Mr. McCullough advised the Commission of a memo from Staff to initiate the text amendments.
Motioned by Commissioner Moore, seconded by Commissioner Chaney, to initiate the proposed amendments to the Land Development Code for consideration at a future public hearing.
Motion carried unanimously 9-0. Student Commissioner Robb also voted in the affirmation.
Mr. McCullough advised the Commission of a memo revising the Planning Commission by-laws to delete the provision for swearing in speakers who provide testimony during public hearings.
The Planning Commission was in favor of this change.
Commissioner Harris inquired about the letter from Candice Davis regarding boarding houses that was included in the Planning Commission packet.
Mr. McCullough said that in the past it had been an issue, but there was some history in the Oread Neighborhood.
Ms. Stogsdill said that there have been discussions with multiple departments on how to address the issue. Ms. Davis’ was concerned about the about the parking issues. Neighborhood Resources, Fire, Planning and Utilities Departments have discussed the issue but have not come to any solution yet.
Mr. McCullough said that the City wide rental program would try to track those issues as well.
Commissioner Harris said that Ms. Davis’ letter mentions 12 people being allowed to live in a boarding house.
Ms. Stogsdill said that was based on parking being available.
Commissioner Harris said that Ms. Davis also mentions in the letter about duplexes that are too large.
Ms. Stogsdill said that if they were built recently then she assumed they were built under proper code.
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