November 20, 2007
The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Hack presiding and members Amyx, Chestnut and Highberger present. Vice Mayor Dever was absent.
RECOGNITION/PROCLAIMATION/PRESENTATION:
With Commission approval Mayor Hack proclaimed November 23, 2007 as the Salvation Army Christmas Kettle Kick-off Day.
CONSENT AGENDA
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve City Commission meeting minutes of November 6, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to receive the Health Board meeting minutes of September 17, 2007; the Traffic Safety Commission meeting minutes of November 5, 2007; and the Mechanical Board of Appeals meeting minutes of October 15, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve claims to 481 vendors in the amount of $2,425,467.19. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve the Drinking Establishment License to Wheatfield’s Bakery & Café, 904 Vermont. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to concur with the recommendation of the Mayor and appoint Ian Cahir to the Public Transit Advisory Committee, to a term which will expire December 31, 2010. Motion carried unanimously. (1)
The City Commission reviewed the bids for treatment chemicals for 2008 for the Utilities Department. The bids were:
|
PRODUCT |
VENDOR |
BID |
|
QUICK LIME – BULK, PEBBLES |
Mississippi Lime Company |
$112.25/ ton* |
|
|
US Lime Company |
145.00/ ton |
|
QUICK LIME – BULK, POWDER |
Mississippi Lime Company |
112.25/ ton* |
|
|
US Lime Company |
145.00/ ton |
|
CHLORINE – 1 TON CYLINDER |
DPC Industries |
529.80/ ton* |
|
|
G.S. Robins |
775.00/ton |
|
SODIUM HYPOCHLORITE, BULK |
DPC Industries |
.7690/gal* |
|
|
Vertex Chemical |
.85/gal |
|
|
Univar |
.85/gal |
|
|
G.S. Robins |
1.25/gal |
|
POWDERED ACTIVATED CARBON – BULK |
Cal Pacific Carbon |
800.00/ton* |
|
|
Carbon Solutions |
1200.00/ton |
|
|
G.S. Robins |
1600.00/ ton |
|
|
NORIT |
1620.00/ton |
|
POLYMER, KAW PLANT – BULK |
CIBA Specialty |
880.00/ton |
|
|
GS Robins |
940.00/ton* |
|
|
Polydyne, Inc. |
1,140.00/ton |
|
POLYMER, CLINTON PLANT – BULK |
CIBA Specialty |
880.00/ton |
|
|
NALCO Co. |
1,090.00/ton |
|
|
GS Robins |
1,100.00/ton* |
|
CARBON DIOXIDE - BULK |
EPCO |
56.50/ton* |
|
|
Air Liquide |
94.25/ton |
|
SODIUM HEXAMETAPHOSPHATE – 50# BAGS |
Carus Chemical Co. |
1,492.00/ton* |
|
|
Summit Chemical |
1,578.00/ton |
|
|
Univar |
1,750.00/ton |
|
|
G.S. Robins |
1,760.00/ton |
|
|
Harcros Chemical |
1989.00/ton |
|
|
Shannon Chemical Corp. |
2,620.00/ton |
|
SODIUM SILICOFLUORIDE – 50# BAGS |
GS Robins |
810.00/ton* |
|
|
Harcros Chemicals |
889.00/ton |
|
|
Univar |
1,140.00/ton |
|
SODA ASH – BULK |
BHS Marketing |
266.00/ ton* |
|
|
GS Robins |
370.00/ton |
|
|
Harcros Chemicals |
402.60/ton |
|
AQUA AMMONIA – BULK |
Harcros Chemicals |
283.00/ ton* |
|
|
GS Robins |
360.00/ton |
|
ALUMINUM SULFATE – BULK |
G.S. Robins |
349.50/ ton* |
|
|
Univar |
350.00/ton |
|
|
General Chemical Corp. |
395.00/ton |
|
QUICK LIME – PEBBLES, 96% |
Mississippi Lime Company |
$112.25/ ton* |
|
|
US Lime Company |
145.00/ ton |
|
SODIUM HYPOCHLORITE – BULK |
DPC Industries |
.7690/gal* |
|
|
Vertex Chemical |
.85/gal |
|
|
Univar |
.85/gal |
|
|
G.S. Robins |
1.25/gal |
|
SODIUM BISULFITE – BULK |
G.S. Robins |
1.83/gal* |
|
|
Harcros Chemicals |
1.84/gal |
|
|
Univar |
2.12/gal |
|
FERRIC CHLORIDE – BULK |
OFS, Inc |
.91/gal* |
|
|
Kemira Water Solutions, Inc |
1.05/gal |
|
|
PVS Technologies |
1.38/gal |
|
POTASSIUM PERMANGANATTE |
Harcros Chemicals |
2.21/lb* |
|
|
G.S. Robins & Co. |
2.2495/lb |
|
|
Univar |
2.27/lb |
|
POLYMER, TOTES |
Polydyne, Inc. |
1.12/lb* |
|
|
CIBA Specialty |
1.16/lb |
|
|
Univar |
1.50/lb |
|
|
Consolidated Chemical |
1.75/lb |
|
FERROUS CHLORIDE, 1025 N. MN |
Kemira Water Solutions |
.85/gal* |
|
|
OFS, Inc |
.91/gal |
|
FERROUS CHLORIDE, 3613 Brush Creek |
Kemira Water Solutions |
.85/gal* |
|
|
OFS, Inc |
.91/gal |
|
FERROUS CHLORIDE, 720 Grant |
Kemira Water Solutions |
.85/gal* |
|
|
OFS, Inc |
.91/gal |
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to award the bids as marked (*). Motion carried unanimously. (2) As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to place on first reading, Ordinance No. 8125, rezoning (Z-03-03-07) approximately 3.31 acres from RS10 (Single-Dwelling Residential District) to GPI (General Public and Institutional Use District). The property is located at 555 Stoneridge Drive northwest of the intersection of West 6th Street and Stoneridge Drive. Motion carried unanimously. (3)
Ordinance No. 8196, rezoning (Z-09-20-07) approximately 5.792 acres from IL (Limited Industrial) to OS (Open Space) for Mary’s Lake Addition, Tract A, was read a second time. As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to adopt the ordinance. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (4)
Ordinance No. 8206, rezoning (Z-09-18-07) approximately 4.28 acres, from RM12D (Multi-Dwelling Residential) and RS7 (Single-Dwelling Residential) to OS (Open Space) for Oregon Trail Addition. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-09-21A-07) of approximately 1.80 acres from IG (General Industrial) to OS (Open Space), located at 900 East 15th Street. Motion carried unanimously.
(6)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to place on first reading, Ordinance No. 8199, rezoning (Z-09-21A-07) of approximately 1.80 acres from IG (General Industrial) to OS (Open Space), located at 900 East 15th Street. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-09-21B-07) of approximately 1.13 acres from IG (General Industrial) to GPI (General Public and Institutional), located at 900 East 15th Street. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to place on first reading, Ordinance No. 8200, rezoning (Z-09-21B-07) of approximately 1.13 acres from IG (General Industrial) to GPI (General Public and Institutional), located at 900 East 15th Street. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve amendments to Section 20-813 of the Development Code for TA-08-18-07 to clarify the Planning Commission’s Power and Duties. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve amendments to Section 20-403 of the Development code TA-08-16-07 to add veterinary clinic as a permitted use in the IBP District and adopt on first reading, Ordinance No. 8207, an ordinance providing for the amendment to the Nonresidential District use table, to allow veterinary clinics in the IBP District. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve amendments to Sections 20-804, 20-805, 20-810 and 20-815 of the Development Code for TA-09-22-07 to eliminate the requirement for Conservation Easements and create a requirement for Resource Preservation Agreements for Certificates of Survey in Lawrence’s Urban Growth Area. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve amendments to Section 20-807 of the Development Code for TA-09-23-07 to create a procedure for amending approved Certificates of Survey. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve a proposed revision to Section 20-801(e)(3) of the Lawrence Development Code and Chapter XII of the Douglas County Code, for TA-11-13-06, regarding the intent to vest existing residence built in the County located in A, A-1, R-1 and V-C Districts. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to authorize Planning Staff to apply for Historic Preservation Fund Grants. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to concur with the Traffic Safety Commission’s recommendation to establish an “all-way stop” at the intersection of Overland Drive and Wakarusa Drive, and place on first reading, Ordinance No. 8208, establishing an “all-way stop at the intersection of Overland Drive and Wakarusa Driv e. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to establish “no parking” along the north side of 4th Street between Maine Street and Missouri Street and along the south side of 4th Street, east 170 feet, and adopt on first reading Ordinance No. 8209, establishing “no parking” along the north side of 4th Street between Maine Street and Missouri Street and along the south side of 4th Street from Maine Street, east 170 feet. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Chestnut, seconded by Highberger, to approve a variance request (City Code Section 19-214B) for 845 Iowa Street allowing existing private sanitary sewer lines to remain in the public right-of-way for a length greater than 15 feet. Motion carried unanimously. (18)
Commissioner Amyx pulled from the consent agenda the review of the bids for street, storm sewer, and waterline improvements on 25th Terrace, O’Connell Road to Franklin Road for the Public Works Department. He said in looking at the engineer’s estimate for approximately $2.5 million and the recommendation from staff to award the bid to King’s Construction for approximately $1.4 million, it was a huge discrepancy and asked about the estimate and actual bid.
David Corliss, City Manager, said it was a good size difference. He said one of the things staff liked to see was the number of bidders and the bidders were apparently seeing the same project in that a number of those bidders were pricing their bids fairly close. He said the engineer might have missed the market as far as what the availability of contractors and there were not a lot of large road project on the immediate horizon.
Chuck Soules, Public Works Director, said there were 5 bidders and projects were few and far between at this point. He said this project would be constructed in the spring. He said some of the other firms were not too far off King’s Construction’s bid.
Commissioner Amyx said King’s bid was approximately 40% under the engineer’s estimate and asked if it was a trend and were contractors looking for work.
Soules said staff had seen good bid prices. The state did not have a lot of projects and he thought the City would be seeing a lot of competitive prices, especially if they could get those bids out now. He said they had several projects that would be bid in January and February which was good news.
Commissioner Amyx asked who was the engineering firm for this project.
Soules said Bartlett & West.
The City Commission reviewed the bids for street, storm sewer, and waterline improvements on 25th Terrace, O’Connell Road to Franklin Road for the Public Works Department. The bids were:
BIDDER BID AMOUNT
Engineer’s Estimate $2,519,545.88
King’s Construction Co., Inc. $1,457,591.30
LRM Industries $1,466,097.80
R.D. Johnson Excavating $1,598,999.45
Larkin Excavating, Inc. $1,629,537.15
Amino Brothers Co., Inc. $1,851,671.02
Moved by Amyx, seconded by Chestnut, to award the bid to King’s Construction, in the amount of $1,457,591.30. Motion carried unanimously. (19)
CITY MANAGER’S REPORT:
David Corliss, City Manager, said a couple of weeks back there was discussion about initiation of the SmartCode, the Traditional Neighborhood Design Alternative Code. He said there were questions about the status of that document and Dan Warner, Planner, had worked to finalize that document which was on the City’s website. He said that code would be back on a City Commission agenda for consideration.
Also related to the SmartCode, was the new zoning code and the related comprehensive plan amendments for Traditional Neighborhood Design Principles. He said Planning Staff briefed the Planning Commission on the overview of some of the principles of Traditional Neighborhood Design.
The Street Division held their annual snow practice day. He said the City would benefit because there was an additional crew this year.
Pursuant to City Commission Direction, staff submitted a Transportation Enhancement Program funding application for the Burroughs Creek Rail Trail project. The property acquisition work was in its beginning stages for that project.
Finally, he reported that staff researched options for preserving agriculture lands which was presented to the Planning Commission; and, the Lawrence-Douglas County Housing Authority Annual Report was on the City’s website.
Commissioner Chestnut asked about the timing of the Burroughs Creek work.
Corliss said that application was an early spring decision.
Mayor Hack asked Soules to pass along the City Commission’s compliments to the Street Division because the crew worked under incredible circumstances last year. (20)
REGULAR AGENDA ITEMS:
Consider request from Downtown Lawrence, Inc., for a KU football game watch party to be held Saturday, November 24, 2007 on the vacant lot at the southwest corner of 9th and New Hampshire. Motion carried unanimously.
Paul Patterson, Planner presented the staff report. He said this was a special event for the KU football game watch party scheduled for November 24th. The applicant was requesting to be located at the southwest corner of 9th and New Hampshire where there were 2 vacant lots. The western vacant lot was owned by the City and the eastern lot was owned by 9-10 LLC. The game would be shown on the north side of the parking garage and the applicant was proposing to have food and beer vendors on the City lot along with open seating where people would need to bring their own chairs or blankets to sit upon. There was no charge for this event and there would be a projector table with the image projected on the north face of the wall. The special event would take place from 5:00 p.m. to midnight on Saturday.
Jane Pennington, Downtown Lawrence Inc., said they were excited about the possibility of this event. The experience they had with Film Noir had prepared them for this event. The possibility of alcohol being served was a new wrinkle, but they were prepared for that with security. She had heard there was some concern about interfering with the Transit System, but with the barricades ready to go into place, that should not be an issue.
Commissioner Amyx asked if the vendors would serve until 11:59 p.m.
Pennington said the vendors would stop serving at 11:00 p.m.
Commissioner Amyx said he had concern about how DLI would control people who made purchases on site, but it seemed as though Pennington had it under control.
Mayor Hack said she wanted to publicly acknowledge Jane Pennington for her work on behalf of Downtown Lawrence Inc.
Moved by Amyx, seconded by Chestnut, to approve the special event request for a KU Jayhawk football game watch party to be shown on the parking garage wall located at the southwest corner of 9th and New Hampshire Streets; and the right-of-way permit for the use of City owned portion of the vacant lot at the southwest corner of 9th and New Hampshire Streets. Motion carried unanimously. (21)
Moved by Amyx, seconded by Chestnut, to declare an emergency and adopt on first and second reading, Ordinance No. 8210, allowing for the temporary sale, possession, and consumption of alcoholic beverages on the City portion of the vacant lot on the southwest corner of 9th and New Hampshire Streets. Motion carried unanimously. (22)
Consider approval, subject to conditions and use restrictions, PDP-09-04-07, a Preliminary Development Plan for Pine Ridge Plaza, located at 3215 Ousdahl Road. The plan proposes the construction of a 13,500 s.f. commercial business in multiple phases.
Sandra Day, Planner, presented the staff report. She said the Planning Commission considered this item at their October meeting. The existing property was vacant, located along Ousdahl Road, south of 31st Street and was part of the Pine Ridge Plaza PCD, one of the last phases of this project. Surrounding land uses included commercial areas to the north and to the west. There was a vacant piece of ground south of the immediate project. Wal-mart was to the south and vacant ground to the east which was part of the Exchange project.
The purpose of the project was to address a portion of a lot on the northern end of that Phase 4, but it required the applicant provide a revised Preliminary Development Plan for the entire PCD.
The applicable codes that applied to this project were the zoning code that pre-dated the City’s current Land Development Code. This was a development project that was started under the old Planned Unit Development and was the last phase of that project. The original phases of the Preliminary Development Plan had proposed office buildings on Phase 4 that was dropped off and later phases and not carried forward and again that was another reason they needed to come back and revisit the Preliminary Development Plan.
The subject property included International House of Pancakes, several retail restores in that area such as Kohls, Old Navy and Famous Footwear.
The plat was originally one large plat with Lot 1 being the eastern most piece and one year ago it was lot split and it generally followed a drainage easement which was a contributing factor to some of the physical issues staff had to deal with for the subject property.
The proposed Preliminary Development Plan had a number of reductions that were required or associated with the project that the Planning Commission as part of their action needed to act on and approve. Several of those involved setback reductions. Staff reviewed the previous reductions that had been granted for earlier phases and found the proposed reductions for phase 4 were still compliant and consistent with the overall development pattern of that area, specifically, staff were looking at reductions along the front property line and also, along the north and rear property line. The rear property line for Lot 1A was an interior lot line. The same was true for this area. There was also an existing access easement that went along a commercial property and extended all the way to the north property line.
The initial development proposal included 1300 square foot building with the ability to expand that building to the north and then another building on the south side of the drive, as a second phase. A lot of the discussion dealt with how to deal with off-street parking and that was the major discussion throughout the Planning Commission. Several compromises were addressed during the Planning Commission to deal with the parking. Staff had originally recommended that the full off-street parking area be constructed upfront because there were discussions that there might or might not be some tenant space above the immediate applicant and what kind of parking demand that would have.
The PCD’s under the old code had a parking calculation of 1 space per 200 net square feet which was a different calculation than the way it was calculated today. What that meant was there could be any number of commercial uses, by right, in that small contained area, but with no ability for overflow parking and that was staff’s concern. She said throughout that discussion with the Planning Commission the Planning Commission scaled back how much parking would be required initially, but then also recommended some limitations on the land uses that could occupy the property so that some use that had a lot of high off-street parking requirement would not be occupied in that building in trying to manage parking that way. Those limitations were reflected in the conditions received from the Planning Commission and that was how that was different from what was in the staff report. Staff was comfortable with those revisions that were discussed at the Planning Commission.
She said off-street parking requirements, waivers that were part of the Planning Commission prevue the reduction in the parking requirement for this site was constrained because of its location and because of that drainage easement, it was very difficult to have overflow parking within the rest of the center.
The Planning Commission approved the project with the reduction in parking and 68 parking spaces would have been required by code, 23 parking spaces was the maximum that provided at full build out.
She said land uses were restricted. The use groups that had the higher parking ratio were specifically restricted, the other use groups that typically had a lower parking requirement were kept and they were added some other restrictions specifically within those uses and they discussed how to properly have that noted on the plan with the applicant so that everyone was comfortable with clearly delineating what those things were.
She said staff looked at the project in terms of commercial design guidelines and out of that came recommendations to address the building orientations while the front doors were more to the side and staff recommended be angled a little bit providing more the pedestrian focus to the street, extending the landscape islands somewhat to carry that pedestrian into the site. This was staff’s version of that extended parking and obviously it was scaled back and it was for the Planning Commission’s presentation. Ultimately, the Planning Commission forwarded this item to the City Commission with a recommendation for approval.
Commissioner Amyx asked, as to the reduction on the parking from 68 to 23, what were the conditions that would cause the additional parking to be added. He asked if it was the next phase.
Day said yes, it was the next phase.
Commissioner Amyx asked if they were going to bank on the uses that were recommended by the Planning Commission and the conditions as being the safeguards on the current construction.
Day said the purpose of the Preliminary Development Plan was to demonstrate the full scope of the build out and the Final Development Plan would be what that immediate development was so there were likely to be at least two, possibly three final development plans for that property. One final development plan would be the initial phase which was the first 1300 square feet that first 18 parking stalls. The second final development plan was the revision to do the building addition and the other parking areas would capture the rest of the parking and the third final development plan would likely be that smaller stand alone building on that southern side.
Commissioner Amyx said the Planning Commission did a good job going through that site which appeared to be a small development, but the Planning Commission did a great job.
Mayor Hack called for public comment.
After receiving no public comment, it was moved by Amyx, seconded by Chestnut, to concur with the Planning Commission’s recommendation to approve a Preliminary Development Plan (PDP-09-04-07) for Pine Ridge Plaza, located at 3215 Ousdahl Road. The plan proposes the construction of a 13,500 s.f. commercial business in multiple phases, subject to the following conditions:
1. Approval of the following waivers and reductions
a. Yard reductions along the north side to a minimum of 10’ side yard/peripheral yard setback;
b. Yard reductions along the west side to 12 feet rear yard setback;
c. Yard reductions along the east side to 15 feet front/peripheral yard setback;
d. Off-street parking from 68 spaces to 23 spaces.
2. Provision of a revised Final Development Plan to show the building entry to Building 1 & 2 oriented to the street either with direct access or an angled front entry to the buildings.
3. Removal of the first stalls along the east property line on either side of the drive entrance and extension of that area as green space.
4. Provision of a revised Preliminary Development Plan to include the following changes:
a. Pursuant to City Code a minimum elevation for building opening (MEBO) for the lot shall be shown;
b. Provision of a note that states that land uses shall be restricted for Lot 1A to contractor office/shop uses or those uses that have a parking ratio of 1 space per 400 NSF or larger. Retail uses that have a parking ratio between 1 space per 100 NSF to 1 space per 300 NSF has been excluded unless a revised Preliminary Development Plan is approved;
c. Provision of a revised drawing to show a strike thru the listed uses on the face of the Preliminary Development Plan that do not meet the recommend parking standard of 1 space per 400 NSF or larger;
d. Revision to the note stating “These proposed setbacks are in conformance with the base district requirements” to “These proposed setbacks are in conformance with the setbacks for the adjacent CS zoning district”.
5. Provision of a revised Preliminary Development Plan to add the following notes:
a. “Per City code Chapter IX Article 09-903 (B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.”
b. Add the following notes to the “General Notes”:
i. “The drainage easement will be privately-owned and maintained. The developer is responsible for establishing ownership and maintenance of same via individual owner maintenance.”
ii. “No construction or maintenance of natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fence and walls) will be allowed within the drainage easements.”
Motion carried unanimously. (24)
Consider approval of the requested rezoning for Z-09-17-07, a request to rezone a tract of land approximately .499 acres, from IG (General Industrial) to CS (Strip Commercial). The property is located at 612 & 616 N 2nd Street.
Sandra Day, Planner, presented the staff report. She said the proposed request would amend the district boundary to encompass those two lots to the north. There was also a site plan that staff was working on, but the applicant needed the zoning in place to move further. Their proposal was a redevelopment of the subject property. It was surrounded by commercial uses along that corridor and there was residential use in zoning immediately to the east of that subject property.
Staff recommended to the Planning Commission to limit direct access to the subject property. They tended to review these elements as a whole so when the applicant was submitting a site plan and zonings and other items, there were not different tracks and items coming to the City Commission. They identified that access was a significant issue for this property. There were three existing access locations, which were in between the two buildings. Staff’s recommendation had been that access should be limited to that north end and should be shared with the abutting property to the north. The abutting property to the north was not part of the development project and was not part of their current request, so they would need something along the means of a half of a driveway on one end and would need to be coordinating with the property to the north. The Planning Commission had some discussion and the applicant was opposed to that condition. The condition came from that this was more of a physical element to be reviewed as part of a site plan or subdivision plat. They forwarded the recommendation to the City Commission without that condition.
Commissioner Highberger asked if at this point the recommended zoning did not place conditions on access but staff would rest that on the site plan so the site could have three access points or have one.
Day said yes.
Commissioner Highberger asked her expectation of what staff would recommend or approve for this in terms of access.
Day said they were anticipating that it would still be more than one access point at the north. How the applicant chose to respond to that and whether or not they chose to make an appeal to that, they would move through those proper processes through site planning. They certainly had advanced notice that it was the issue or concern.
Mayor Hack called for public comment.
Paul Werner, Paul Werner Architects, said they liked the recommendation forwarded to the City Commission. He was hoping they could work out some language with staff that they did not have to come to the City Commission. There was an issue of timing. If they could approve the intersection to the north with the property owner today, they would do it. There were three curb cuts; they got rid of one on their own. The site plan that was before staff made only a second entrance and they were doing a pretty good job of where they could get it. It was an issue of timing when another property owner was not doing anything with his property. They were going to revise the site plan, get it to staff, and hopefully come up with language that made everyone happy.
Mayor Hack said she thought it was exciting to see energy in North Lawrence and thought this was an improvement over existing conditions. She said they had an example of multiple curb cuts on 23rd Street that as they hopefully see North 2nd shape up, they did not want to duplicate that.
Commissioner Amyx asked if staff was comfortable with the site plans so they could address these access points.
Day said yes.
Scott McCullough, Planning and Development Services Director, said they were comfortable. They had the process to go through with the site plan and staff’s decision on the site plan. He said they had given it a hard look.
Commissioner Amyx asked if this item could appear back on the City Commission agenda or would it be done administratively at this point forward through the site plan.
McCullough said the site plan was an administrative process unless there was an appeal to this body from staff’s determination.
Commissioner Amyx said he would suggest if there was any hint about it, bring it right back to this board because he agreed with the Mayor’s comments. It was exciting to see things happen on North 2nd Street and thought access management along that roadway was important. He also said he wanted to see some of the access points closed.
Commissioner Chestnut said he agreed with Commissioner Amyx in particular because the Planning Commission minutes when they went to move forward with the one access point, it was a 5-5 split, so it was pretty obvious there was a lot of ambivalence about how to make this thing work. They all agreed they wanted something better, but the question was how much better.
Commissioner Highberger said he thought it was a critical issue. He said he had questions about their access management standards and how their development happens here. He said he would like to have a discussion on access management at some point with the rest of the City Commission on standards on staff’s viewpoint and maybe some alternative viewpoints about what access management should do. He wanted to know how their access management standards would coordinate with the Smart Code.
Moved by Amyx, seconded by Chestnut, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-09-17-07) of approximately .499 acre, from IG (General Industrial) to CS (Strip Commercial) (the property is located at 612 & 6 16 North 2nd Street); and, direct staff to prepare the appropriate ordinance, subject to the following condition:
Motion carried unanimously. (25)
PUBLIC COMMENT None
FUTURE AGENDA ITEMS:
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11/27/07 |
· Consider making a determination on the appeal of the Certified Local Government Review under K.S.A. 75-2715 – 75-2726, as amended
· Consider making a determination to issue a Certificate of Appropriateness for the demolition of the structures located at 1140 Indiana Street, 1142 Indiana Street, 1144 Indiana Street, and 618-620 West 12th Street and the new construction proposed for the site.
· Consider approval of the requested rezoning and direct staff to draft ordinance for 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. (PC Item 6A; approved 9-1 on 10/22/07).
· Consider approval, subject to conditions and use restrictions, PDP-07-03-07, a Preliminary Development Plan for Oread Circle (Oread Inn), located at 618 W 12th Street. The plan proposes mixed use residential and commercial development. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record. (PC Item 6B; approved 9-1 on 10/22/07).
· Consider a proposed agreement whereby the proposed Oread Inn developer agrees to provide funding for the City’s cost associated with bond counsel work and the feasibility study up to $25,000 for possible Tax Increment Financing and/or Transportation Development District financing for improvements related to the proposed Oread Inn. |
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12/04/07 |
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12/11/07 |
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TBD |
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COMMISSION ITEMS:
Moved by Amyx, seconded by Highberger to adjourn at 7:30 p.m. Motion carried unanimously.
APPROVED:
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Mike Amyx, Mayor
ATTEST:
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Frank S. Reeb, City Clerk