PLANNING COMMISSION MEETING
September 24 & 26, 2007
Meeting Minutes
_______________________________________________________________________
September 24, 2007 – 6:30 p.m.
Commissioners present: Blaser, Chaney, Eichhorn, Finkeldei, Harkins, Harris, Hird, Jennings, Lawson, Moore and Student Commissioner Robb
Staff present: McCullough, Stogsdill, Day, J. Miller, Warner, Zollner, and Brown
_______________________________________________________________________
MINUTES
Discussion regarding August 27 & 29, 2007 draft minutes -
Commissioner Hird had a minor correction to page 17.
Motioned by Commissioner Moore, seconded by Commissioner Hird, to approve the minutes of the August 27 & 29, 2007 meeting with the discussed revision.
Motion carried, 9-0, with Commissioner Eichhorn absent for the vote. Student Commissioner Robb also voting in the affirmation.
COMMITTEE REPORTS
Commissioner Harris stated that the Transportation 2030 Committee met once and also had two public meetings, one in Lawrence and the other in Eudora.
COMMUNICATIONS
Item 2 – SUP for 637 Tennessee
· Letter from Anthony Backus
· Letter from the League of Women Voters
· Letter from James O’Malley
Item 3A & 3B – Rezoning & Preliminary Development Plan for 618 W 12th Street
Item 4 – By-Laws
Misc Item 3
· Extension request for Four Seasons Retirement Community UPR (UPR-05-07-06) and Final Plat (PF-08-21-06) - the Sept PC agenda only stated that this extension request was for the UPR
EX PARTE / ABSTENTIONS / DEFERRAL REQUEST
· No ex parte
· No abstentions
· Items 1A, & 1B were deferred
PC Minutes 9/24/07
ITEM NO. 1A: FINAL DEVELOPMENT PLAN FOR 6 WAK; LOCATED AT THE NW CORNER OF 6TH ST & WAKARUSA DR (LAP)
FDP-08-12-07: Final Development Plan for 6 WAK, located at the NW corner of 6th Street & Wakarusa Drive, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, property owner of record.
Item 1A deferred prior to the meeting.
PC Minutes 9/24/07
ITEM NO. 1B: FINAL PLAT FOR WAKARUSA PLACE ADDITION NO. 2; LOCATED AT THE NW CORNER OF 6TH ST & WAKARUSA DR (LAP)
PF-09-25-06: Final Plat for Wakarusa Place Addition No. 2, located at the NW corner of 6th Street & Wakarusa Drive, North side of Highway 40. Submitted by BFA, Inc, for 6Wak Land Investments, LLC, and Village Meadows, LLC., property owner of record.
Item 1B deferred prior to the meeting.
PC Minutes 9/24/07
ITEM NO. 2: 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.
STAFF PRESENTATION
Ms. Sandra Day introduced the item and presented slideshow pictures of 637 Tennessee Street.
APPLICANT PRESENTATION
Serina Hern & Tony Backus, owners of property, were both present
Ms. Hern expressed her frustration with the City process of obtaining a Special Use Permit. She read from a letter (official letter of record can be found in file SUP-04-05-07) and requested to withdraw her application for an SUP for 637 Tennessee.
Mr. Backus said that they chose to withdraw their SUP application based on the advice of their attorney and the fact they have a potential buyer for 637 Tennessee.
Commissioner Harkins inquired about the delayed discovery of the building permit.
Mr. McCullough apologized to the applicants for the delay in information and explained that they were difficult documents to obtain. He also stated that the applicant deserved better customer care then what they received. In 1989 the house was used as a group home with a second kitchen. The second kitchen was permitted because the group home acted as one family unit. There were not two families so the structure acted as a single family unit. When the applicant purchased the property they purchased a single family home with two kitchens.
Commissioner Harkins asked Staff to put together a summary of what can be approved so that it could be provided to a future owner.
PC Minutes 9/24/07
ITEM NO. 3A: CN1 & RM32 TO PCD-2; .746 ACRES; 618 W 12TH ST (SLD)
Z-07-13-07: A request to rezone a tract of land approximately .746 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.
STAFF PRESENTATION
Ms. Sandra Day presented the item and briefed the Commission on issues to be considered for the proposes development. Staff recommended that the Planning Commission open the public hearing for public comment on the project and continue the public hearing to the October Planning Commission meeting, at which time staff will provide a formal recommendation on the project.
APPLICANT PRESENTATION
Mr. Paul Werner, Paul Werner Architects, said he felt they were ready to move to City Commission with the project. He said that Ms. Lynne Braddock Zollner advised him to meet with the neighbors early on in the project. He met with Carol von Tersch, owner of the Snow House, and went to an Oread Neighborhood Association meeting. He said during the first meeting he did not show them drawings of anything but just gave them the general concept. Mr. Werner went on to say that many college towns have hotels located on campus and that the University of Kansas was the only big 12 school that did not have a hotel on or right by campus. He felt that more meeting space was needed for the campus and that the hotel would be located at a section of campus that was for the public, near the union and stadium. The proposed project is a hotel on campus with all the amenities. 30 additional rooms were being called flexible because they have not decided just yet what they will be used for. They tried not to list every single use that will go in the project. Mr. Werner said that Historic Resources Commission did deny the project, but that a good 4 of the 7 of the HRC members seemed in support of it. He quoted a few of the HRC members as saying “The strengths of the project were numerous” and “a very very great project.” Mr. Werner said that HRC denied it because they vote on very narrow guidelines but that this is a big project and they have support of numerous people.
Mr. Werner felt that a PCD zoning was really their only option right now and that they have tried to adopt some of the new Development Code. He said that the character of the neighborhood was mixed-use. He stated that the Planning Commission would see the project again with the Final Development Plan and that the road improvements would not be started before May of 2008 which would allow time for more detailed street plans. He was aware of the neighborhood concerns regarding parking but that the project would include underground parking, which was very expensive, but certainly what the project would need. The underground garage openings are set so that when cars leave the parking garage, the headlights would not be bothersome to the neighbors. Trash and delivery services had been moved to the side so they would not be bothersome to neighbors. He was aware that the intersection of 12th Street and Indiana Street was horrible regarding traffic and that the concept was to create two good T intersections. Currently there are a lot of parking spaces on the street that are backed out of and they would eliminate those, as well as accommodating pedestrians.
Mr. Tim Humberg, summarized the packet of information that the Commissioners were given prior to the meeting. He stated that when they first met with the Oread Neighborhood they did not have anything final yet, but got ideas from them as to what they wanted for their neighborhood. They tried to give a residential feel to the building and the style of the hotel was driven by the Oread residents to fit into the neighborhood. He stated that the building aligns with the existing buildings and that the architectural style on the west elevation was the most vertical. The biggest footprint would be the underground parking. He felt that they had gotten great neighborhood support and support from KU as well.
Mr. Werner addressed the Preliminary Development Plan Staff Report concerns. He felt they had enough parking with 1 space per guest room. He felt that 165 parking spaces would be enough to accommodate the functions of the hotel. The setback requirements may be of concern because the underground parking garage will go to the property line. He said that the 7 story core was really to the side, so the setback would only go up on the 3rd and 4th floor. He did not feel that the waiver of the open space was needed because he felt that the rooftop provided open space. He thought that counting the rooftop terraces as open space was reasonable and puts the project over the 20% required open space.
Public Improvement plans would be needed and he did not have any argument with that. He did not feel that the street improvement would be needed until March of 2008, so he thought there could be a different way to word that condition. As far as the impact or benefit to the neighborhood, the neighbors are in favor and the project would be beneficial for multiple groups.
Commissioner Harkins inquired about the item being denied by the Historic Resources Commission (HRC).
Ms. Lynne Braddock Zollner stated that HRC was an advisory body to the City Commission, and that their review was in accordance with state statute. Any appeals of that boards decision would go to City Commission.
Commissioner Harkins asked Ms. Braddock Zollner to elaborate on the HRC comments.
Ms. Braddock Zollner stated that HRC has a very narrow focus on what they are allowed to look at based on state statute and how it affects the historic area. They determined that there would be a significant impact on the surrounding historic properties. The overall problem for HRC was the overall grand scale on such a small piece of land. They were also concerned about the height. The project use was not an issue.
Commissioner Finkeldei asked if HRC looked at the building, or did they compare to current uses.
Ms. Braddock Zollner said HRC looked at the impact of it. The existing conditions have actually achieved historic impact, according to some of the HRC commissioners.
Student Commissioner Robb stated that regarding site plan, Mr. Werner said that the overflow parking could use the KU parking garage. Ms. Robb inquired if Mr. Werner had spoken with someone from the KU parking garage.
Mr. Werner said yes, after 5pm it is vacant. He felt that it would be a case by case situation and that it can be used at times. They certainly did not plan to use it every day, but it may be utilized at certain times.
Commissioner Eichhorn asked if KU had given them permission to use their parking garage.
Student Commissioner Robb stated that the KU parking garage cost $1 per hour after 5pm but that she did not know if that fee was enforced.
Mr. Werner said that they were not counting on the parking garage and knew that Monday-Friday during the school year it would be full.
Commissioner Harkins inquired about the procedure for tonight’s meeting. He asked if Staff wants the Planning Commission to wait until next month to vote on this.
Ms. Day replied yes, Staff would like input from the Planning Commission and public before completing the Staff Report.
Commissioner Blaser asked Mr. Werner how many people could be expect in the banquet room.
Mr. Werner replied 100-150 people.
Commissioner Finkeldei asked about the valet parking with the underground parking garage. He wanted to know if the parking were to be strictly valet would they be able to get more cars into the garage.
Mr. Werner responded yes, but that the 165 parking is just single parking, not double stacking.
Commissioner Finkeldei asked if Mr. Werner could consider how many parking spaces could be utilized if stacked parking was an option.
Mr. Werner said that the Code would not allow for it and he was comfortable with the 165 proposed parking spaces.
Commissioner Harris questioned the transportation median design that had been reconfigured on Oread.
Mr. Werner said that the fire department only allowed if it was narrower than 20 feet and that they may have to pull the median farther south to allow for buses to make a turn.
Commissioner Harris asked if the street was going to be wider than it was now.
Mr. Werner replied that it would not be wider.
Commissioner Harris inquired if there would be a bus stop since this was on the bus route.
Mr. Humberg said that there was a bus stop nearby, but once they got more in depth with the plan they could designate a stop.
Mr. Werner said they would look into that.
Commissioner Harris inquired about the rooftop deck being included in the open space count.
Ms. Day said that most commonly they have looked at open space at ground level but that this was a unique plan and they would like comments from the Planning Commission. Staff does not want to see the terraces enclosed at some point.
Commissioner Harris asked about the current storm water situation on Indiana Street and 12th Street.
Ms. Day said that it was one of the resolve issues on the project.
Commissioner Harris wondered if the valet parking was part of the PCD process and if so what would happen if the future owner did not want to pursue valet parking.
Ms. Day said that a condition could be included on the plan but that the enforcement of that might be a challenge.
Commissioner Hird asked when the traffic study would be done.
Mr. Humberg stated that the traffic study was complete.
Mr. Werner said that the traffic study included cars, buses, and pedestrians but that Staff had only had the traffic impact study for a week. He also stated that the study did not warrant a left turn lane.
Commissioner Finkeldei inquired about the staircase on 12th Street.
Mr. Humberg said he believed the City was going to provide funds to connect the stairs down to Mississippi. The funding was either discontinued or lost but the Oread Inn proposes to finish the connection.
Commissioner Eichhorn asked why there was a lower threshold on the minimum area for a PCD.
Ms. Day said that the Development Code says 5 acres and the old Code was 2 acres.
Mr. Humberg knew the new Code was coming when they first started the project and that PCD made the most sense.
Commissioner Eichhorn asked if there were other PCD’s this small that had been approved.
Ms. Stogsdill sited, Walgreens on 23rd Street and at 6th & Kasold as examples.
Mr. Werner gave the example of Auto Exchange.
Commissioner Eichhorn asked if those have been problematic.
Ms. Stogsdill responded, no.
Commissioner Harkins inquired which variances were a concern.
Ms. Day said the challenge was that there are some so interrelated. The parking was critical though.
PUBLIC COMMENTS
Mr. Dennis Brown, President of Lawrence Preservation Alliance (LPA), agreed a hotel at this location was needed, but that the proposal was too large for the site. He said that LPA would support a project 5 stories from the south and 7 stories from the west. LPA was not against of the concept of the hotel, but would like it to be about 25% smaller. He went on to say that adjacent structures were about 3 stories high and that the proposal was larger then appropriate for the neighborhood. He appreciated the developers meeting with the neighborhood, but felt the project was not just an issue for the Oread neighborhood but was an issue for the entire city.
Commissioner Eichhorn asked if the developers had been civil to Mr. Brown in their discussions.
Mr. Brown replied, yes, they had been.
Ms. Marci Francisco, 1101 Ohio Street, representing herself, appreciated the opportunity to talk about issues of concern with the developer. She also appreciated the Staff Report concerns on use restrictions and noise. She would also like to see time limits on outdoor terrace activities and she was also concerned about the flexibility of the top 2 floor uses. She would also like to see additional green space added if possible.
Commissioner Harkins asked if there would be any special treatment for energy use.
Mr. Humberg stated that the open space would not be completely hard surfaces, and would have living plants. He also said that alot of the materials used would be natural. They would also use high efficiency heating systems to capture and reuse exhaust air.
Commissioner Harkins asked if the building would meet Leadership in Energy and Environmental Design (LEED) standards.
Mr. Humberg said that they could probably achieve LEED standards.
Commissioner Harkins did not think that the City had an energy standard, but he hoped that they would consider setting an example with this project.
Mr. Humberg agreed.
PUBLIC HEARING WILL REMAIN OPEN
Motioned by Commissioner Moore, seconded by Commissioner Harris, to extend the public hearing to the October 22, 2007 Planning Commission meeting.
Motion unanimously carried 10-0. Student Commissioner Robb also voted in the affirmation.
Commissioner Hird inquired about the impact to water and sewer systems.
Mr. Werner said that his understanding was that some improvements downstream on Indiana might be needed. The water service might be replacing on the entire block of Oread. The League of Women Voters letter was also concerned about who was paying for the improvements, and the developer would be responsible for them all. Efficiency wise, they chose to put in a cooler tower, which will also cut down on noise and all of the equipment would be contained inside the building or screened from public view.
Commissioner Harris wanted to know if another building in town was comparable in height that she could go to.
Mr. Werner said that he felt that the Hobbs Taylor building was an unfair example of height.
Mr. Humberg showed sketches of the elevations of the building and gave the comparison of possibly the condominium building at 17th Street and Massachusetts Street.
Commissioner Harris asked if the applicant had considered the Lawrence Preservation Alliance’s comments about reducing the building.
Mr. Humberg said that HRC advised that even if presented a 5 story building to them that they would still deny it.
Commissioner Eichhorn asked if the same number of rooms could be squeezed into a reduced building without the architectural design. He stated that the options were either a beautiful building that was bigger verses a smaller blob building on a hill. He said that they could condition the reduction of the building but that it would have zero visual interest
Mr. Humberg said that was correct.
Commissioner Jennings asked if it were possible for a 7 story hotel not to be as high as a 6 story commercial building.
Mr. Humberg replied yes, because of the 9’ floor to floor heights.
Commissioner Harkins stated that tall buildings in Lawrence would not be unusual in the future.
Commissioner Jennings said that 74 rooms would still be the smallest hotel among the Big 12 Schools. He questioned if the 74 hotel rooms would support the conference rooms, not the other way around.
Mr. Humberg responded, yes.
Mr. Werner said that they did look into reducing the height of the building by 10’ but the building then started to look shorter and squattier. He would like to work with the Lawrence Preservation Alliance, but was disappointed to hear their comments.
Commissioner Eichhorn asked if there were any concerns about graffiti on the east elevation of the building.
Mr. Humberg stated that a good portion of the east elevation would be exposed to a parking lot and that graffiti could not be prevented, it would just be cleaned off.
Commissioner Harris said that parking was a concern of hers and she would like to see more addressed about the parking.
Nancy Longhurst, manager of the Eldridge Hotel, was also concerned about parking and wanted to be sure it was done right.
Commissioner Finkeldei asked how many parking spaces were at the Eldridge.
Ms. Longhurst said that the Eldridge rents 20 parking spaces and that 80% of their customers take advantage of the valet parking.
Mr. Werner stated that the Eldridge had 48 hotel rooms and only 20 parking spots. He also addressed Marci Francisco’s earlier comments regarding setbacks, by saying that they could label them as “aboveground setbacks.”
Commissioner Eichhorn asked if anyone had concerns about the below grade setbacks.
Commissioner Moore said he personally did not have concerns about below grade setbacks.
Commissioner Hird inquired about the setback above grade.
Mr. Werner stated that the setbacks are as follows: north 20’, west 0’, south 20’, east 6’.
Commissioner Harris asked if there would be excavation for the parking garage, and if that would involve blasting.
Mr. Humberg replied yes, there would be excavation and that the ground was shale which should break easily.
Commissioner Eichhorn asked if the applicant was concerned about building on shale.
Mr. Humberg responded no, shale would actually provide more flexibility and design for the building.
Commissioner Hird inquired about how many levels of underground parking there would be.
Mr Humberg replied, 3 levels of parking.
Commissioner Hird asked if there would be a lot of traffic dumping out onto Indiana Street from the parking garage.
Mr. Humberg said that the only time they perceive there to be a mass exit will be after games. The valet service should control the parking.
Commissioner Hird pointed out that there would be 2 left turns involved in the valet exiting the parking garage and driving the car to the front of the hotel.
Mr. Humberg said that was correct, and that they envision spikes in demand, which they will be staffed accordingly to handle those influxes.
Commissioner Eichhorn asked if the 20’ fire road allow for uses.
Mr. Humberg said that nothing could be built along the 20’ fire lane.
Mr. Humberg pointed out that all delivery trucks that service the KU Alumni Center currently pass the proposed project so they would probably have the same truck driver and route.
Ms. Day advised the Commission that there were 3 sections of the Staff Report that she did not make comments on because she was waiting for Planning Commission input. The height of the building, the impact benefit on the Oread neighborhood, and the impact on the community were the 3 main things Staff wanted feedback on.
Commissioner Harris made a comment regarding the impact on the community. She wanted to know if there would be businesses in the building that would serve students.
Mr. Werner stated that they hoped that the entire facility would serve students, whether that be a Starbucks or a sandwich shop. He went on to say that the setbacks were unique but that the hotel would need to be a certain size to provide amenities. He also said that they cannot have a 20 room hotel and expect those 20 rooms to support a restaurant.
Commissioner Lawson made comments regarding the impact on the community and felt that the project would be very positive and did not want to see the hotel beaten down to a Super 8.
Ms. Longhurst said that people who stay at the Eldridge Hotel tell her every day that they would like for there to be a hotel on campus. She felt that an increase in meeting space was needed and that the community benefit was huge. She has employees that actively recruit people to Lawrence.
Commissioner Eichhorn felt that the Chamber of Commerce should be involved as well in recruiting people to Lawrence.
Commissioner Finkeldei asked if the Eldridge Hotel and Oread Inn would be under the same management.
Ms. Longhurst replied, yes.
Marci Francisco clarified the stairway that was discussed earlier. She stated that the stairs run from the end of 12th Street to Mississippi Street and that it was an important pedestrian connection. She said that funds were only available for the first half of the stairs and that the Oread Inn project would complete the stairs. She was pleased that some street improvements would happen because of the project.
Commissioner Jennings stated that KU students use more services than just sandwich shops and bars. He felt that they would spend money in the hotel building for such events as wedding receptions. He also felt that it would replace money currently being spent on that corner in a much more positive way.
Commissioner Hird inquired about tying the hotel to a Hospitality program at the college.
Mr. Werner stated that jobs will be provided to students at this facility.
ACTION TAKEN
Motioned by Commissioner Harris, seconded by Commissioner Hird, to continue the public hearing at the October 22, 2007 Planning Commission meeting, at which time Staff will provide a formal recommendation in the Staff Report.
Motion unanimously carried, 10-0. Student Commissioner Robb voted in the affirmation.
Commissioner Finkeldei asked if the Staff Report could be provided to them at the October 10, 2007 mid-month meeting.
Mr. McCullough said that Staff would need time to review the traffic study.
PC Minutes 9/24/07
ITEM NO. 3B: PRELIMINARY DEVELOPMENT PLAN FOR OREAD CIRCLE; 618 W 12 TH ST (SLD)
PDP-07-03-07: Preliminary Development Plan for Oread Circle, located at 618 W 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record.
STAFF PRESENTATION
Ms. Sandra Day presented the item. Staff recommended that the Planning Commission open the public hearing for public comment on this project and continue the public hearing to the October Planning Commission at which time staff will provide a formal recommendation on the project.
ACTION TAKEN
Motioned by Commissioner Harris, seconded by Commissioner Hird, to continue the public hearing at the October 22, 2007 Planning Commission meeting, at which time Staff will provide a formal recommendation in the Staff Report
Motion unanimously carried, 10-0. Student Commissioner Robb voted in the affirmation.
PC Minutes 9/24/07
ITEM NO. 4: BY-LAWS
Consider amendments to Planning Commission by-laws to modify meeting procedures.
Per the discussion and direction given at the August 29th Planning Commission meeting, Staff drafted revised by-laws deleting the practice of swearing in public speakers for public hearing items. The deletions occur on page 4 of the by-laws and simply delete the requirement for swearing in witnesses (the public and others) that provide testimony during public hearings.
This practice resides in the Planning Commission’s by-laws. The by-laws can only be amended by a two-thirds vote of the Commission, provided the members have been notified one (1) month in advance and the amendment has been placed on the agenda. These requirements have been met, and the revisions are now proposed for the Commission’s adoption at the September 24th regular meeting.
Mr. McCullough advised that the League of Women Voters did submit a letter concerning the removal of the swearing in of speakers.
Motioned by Commissioner Lawson, seconded by Commissioner Blaser, to approve the amendment as specified above.
Unanimously approved, 10-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 9/24/07
MISCELLANEOUS NEW OR OLD BUSINESS
MISC. ITEM NO. 1:
CPA-2007-5: Initiate amendment to Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Farmland Industries Redevelopment Plan. (DDW)
STAFF PRESENTATION
Mr. Dan Warner, introduced the item. Staff currently was in the process of drafting the Farmland Industries Redevelopment Plan. The plan would address the issues and policies for the long-term redevelopment of the Farmland Industries site. It would specifically focus on future employment and open space use of the property.
ACTION TAKEN
Unanimously approved, 10-0. Student Commissioner Robb also voted in the affirmation.
MISC. ITEM NO. 2:
Extension request for the Final Plat of Prairie Wind, PF-08-22-06 from Allen Belot. (LAP)
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Harris, to extend the Prairie Wind Addition Final Plat (PF-08-22-06) for 6 months.
Unanimously approved, 10-0. Student Commissioner Robb also voted in the affirmation.
MISC. ITEM NO. 3:
Extension request for Four Seasons Retirement Community, UPR-05-07-06. (LAP)
Joy Rhea, Landplan Engineering, was present in audience for questions.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by Commissioner Harris, to extend the Four Seasons Retirement Community Final Plat and UPR (PF-08-21-06 and UPR-05-07-06) for 6 months.
Unanimously approved, 10-0. Student Commissioner Robb also voted in the affirmation.
Consideration of any other business to come before the Commission.
____________________________________________________________________________
Recess at 9:56 P.M. until September 26, 2007.
PC Minutes 9/26/07
_______________________________________________________________________
Reconvene September 26, 2007 – 6:30 p.m.
Commissioners present: Blaser, Chaney, Eichhorn, Finkeldei, Harkins, Harris, Hird, Jennings, Lawson, Moore and Student Commissioner Robb
Staff present: McCullough, Gock, J. Miller, M. Miller, Morgan, and Brown
_______________________________________________________________________
BEGIN PUBLIC HEARING (SEPTEMBER 26, 2007):
COMMUNICATIONS
· None
EX PARTE / ABSTENTIONS / DEFERRAL REQUEST
· No ex parte
· No abstentions
PC Minutes 9/26/07
KDOT PRESENTATION
Corky Armstrong, with the Bureau of Design of the Kansas Department of Transportation, stated that he had been involved with the South Lawrence Trafficway (SLT) for 7-8 years. He presented a PowerPoint presentation on the background and history of the SLT. He also discussed funding and stated that the 1.5 million appropriation was not sufficient to start construction. No other federal or state funding had been identified for the SLT.
Present in the audience were John Pasley and Tim Flagler of HNTB and Joel Skelley with the Bureau of Transportation Planning of KDOT.
The Commission discussed the possible 32nd Street or 42nd Street SLT alignments.
The Planning Commission was also provided with a letter from May 2006 that was written by the MPO with recommendations to KDOT.
PC Minutes 9/26/07
ITEM NO. 5A: ANNEXATION OF 144.959 ACRES; AIRPORT BUSINESS PARK NO. 1 (LAP)
A-06-05-07: Annexation of approximately 144.959 acres located at E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record.
Item 5A deferred prior to the meeting.
PC Minutes 9/26/07
ITEM NO. 5B: A & B-2 TO IL; 99.31 ACRES; E 1500 ROAD & US HWY 24/40 (LAP)
Z-06-09-07: A request to rezone a tract of land approximately 99.31 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District with use restrictions. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record.
Item 5B deferred prior to the meeting.
PC Minutes 9/26/07
ITEM NO. 5C: A & B-2 TO IL; 43.48 ACRES; E 1500 ROAD & US HWY 24/40 (LAP)
Z-06-10-07: A request to rezone a tract of land approximately 43.48 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record.
Item 5C deferred prior to the meeting.
PC Minutes 9/26/07
ITEM NO. 5D: A & B-2 TO IL-FP; 26.22 ACRES; E 1500 ROAD & US HWY 24/40 (LAP)
Z-06-11-07: A request to rezone a tract of land approximately 26.22 acres, from A (Agricultural) & B-2 (General Business) Districts to IL-FP (Limited Industrial-Floodplain Overlay) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record.
Item 5C deferred prior to the meeting.
PC Minutes 9/26/07
ITEM NO. 5E: PRELIMINARY PLAT FOR AIRPORT BUSINESS PARK NO. 1; E 1500 ROAD & US HWY 24/40 (LAP)
PP-06-07-07: Preliminary Plat for Airport Business Park No. 1, located at E 1500 Road & US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record.
Item 5C deferred prior to the meeting.
PC Minutes 9/26/07
ITEM NO. 6: SPECIAL USE PERMIT FOR SE LAWRENCE BENEFIT DISTRICT NO. 1; NE CORNER OF INTERSECTION OF E 1700 & 1300 ROADS (MKM)
SUP-07-07-07: Special Use Permit for the construction of a pump station for the SE Lawrence Benefit District No. 1, near the NE Corner of the intersection of E 1700th & 1300th Roads. Submitted by Peridian Group, Inc for the City of Lawrence, property owner of record.
STAFF PRESENTATION
Mary Miller presented the item.
APPLICANT PRESENTATION
Mitch Walther, Peridian Group, was present for questions.
PUBLIC COMMENT
No public comment.
ACTION TAKEN
Motioned by Commissioner Moore, seconded by Commissioner Chaney, to approve SUP-07-07-07, a Special Use Permit for the construction of a sanitary sewer pump station near the intersection of N 1300 and E 1700 Roads and forwarding of it 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. Provision of a revised Site Plan with the following changes:
a. General Note 9 must be revised to reference 20-811(g)(8).
b. The 40’ of right-of-way for E 1700 Road must be labeled as right-of-way, not as right-of-way easement.
c. The plan must be corrected to read ‘Special Use Permit’ rather than ‘Use Permitted upon Review’.
2. A variance must be obtained and noted on the site plan from the requirement in Section 20-913(e) which prevents the use of gravel as a parking area or driveway surfacing material or the site plan must be revised to use a permitted surfacing material.
3. Execution of a Site Plan Performance Agreement.
4. Proposed screening from parkland requires approval of the City Landscape Supervisor.
Unanimously approved, 10-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 9/26/07
ITEM NO. 7: A & V-C TO GPI-FP; 537.70 ACRES; N 1175 ROAD & E 1600 ROAD (MKM)
Z-08-16-07: A request to rezone a tract of land approximately 537.70 acres from A (Agricultural) & V-C (Valley Channel) to GPI-FP (General Public & Institutional Flood Plain Overlay). The property is located near N 1175 Road & E 1600 Road. Submitted by Bartlett & West for the City of Lawrence, property owner of record. [This is the site of the proposed Wakarusa Water Reclamation Facility. The PC recommended approval of rezoning to GPI at their 5/23/07 meeting.]
STAFF PRESENTATION
Mary Miller presented the item.
Commissioner Hird asked why it took 537 acres for a water reclamation facility.
Ms. Miller stated that they want to have plenty of buffering, and a possible rail system through it in the future.
APPLICANT PRESENTATION
Applicant was present for questions.
PUBLIC COMMENT
No public comment.
ACTION TAKEN
Motioned by Commissioner Moore, seconded by Commissioner Chaney, to approve the rezoning request for 536.88 acres from V-C (Valley Channel) and A (Agricultural) Districts to GPI-FP (General Public and Institutional with a Floodplain Overlay) 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, 10-0. Student Commissioner Robb also voted in the affirmation.
PC Minutes 9/26/07
ITEM NO. 8: CONDITIONAL USE PERMIT FOR 264 E 2100 ROAD (MKM)
CUP-08-08-07: Conditional Use Permit for a retail nursery at 264 E 2100 Road. Submitted by William Voigts Jr., property owner of record.
Item 5C deferred prior to the meeting.
PC Minutes 9/26/07
Consideration of any other business to come before the Commission.
PUBLIC COMMENT SECTION
ADJOURN 7:50pm