PC Minutes 12/17/07 DRAFT

ITEM NO. 1A:     FINAL DEVELOPMENT PLAN FOR 6 WAK; NW CORNER OF 6TH ST & WAKARUSA DR (SMS)

 

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 NO. 1B:     FINAL PLAT FOR WAKARUSA PLACE ADDITION NO. 2; NW CORNER OF 6TH ST & WAKARUSA DR (SMS)

 

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.

 

 

Motioned by Commissioner Harris, seconded by Commissioner Hird, to remove Items 1A & 1B from the Consent Agenda to discuss.

 

Unanimously approved 9-0.

 

Commissioner Harris inquired about the nodal plan for the area and how these projects comply with the nodal plan.

 

Ms. Stogsdill said that through the review of the rezonings, the rezoning request and Preliminary Development Plan had addressed the consistency issues with the Comprehensive Plan and Nodal Plan. She also stated that Planning Commission recommended approval and that City Commission had approved.

 

Commissioner Harris asked if their job was to solely look at consistency with that plan.

 

Ms. Stogsdill replied yes. The regulations say that a FDP that is consistent with a PDP shall be approved.

 

Commissioner Eichhorn asked if it was appropriate to have a public hearing.

 

Mr. McCullough said that was up to the discretion of the Planning Commission. It was not an official public hearing but that the group Grass Roots Action had given Staff a letter after the 10:00am deadline for correspondence. He read the correspondence from Gwen Klingenberg:

“Tonight the Lawrence-Douglas County Metropolitan Planning Commission is scheduled to take action on the proposal by 6Wak Land Investments LLC to build a second Wal-Mart in Lawrence. Given the long controversy over this proposal, and given the ever-present danger of conflicts of interest in planning decisions on sensitive matters of this kind, Grassroots Action calls upon the Planning Commissioners to treat this action as a matter of the highest moral and legal consequence. Specifically, we call upon Planning Commissioners to publicly disclose any financial interest they might have in Wal-Mart, 6Wak Land Investments, or any firms which are financially linked to 6Wak. If any Planning Commissioners have such financial interests, they should recuse themselves from all deliberations and votes on the proposal to build a second Wal-Mart – starting tonight.”

 

Commissioner Finkeldei said he shopped at Wal-Mart last week and saved some money.

 

Commissioner Eichhorn said that Rueschhoff does lock work for the property owner but not over $5,000 worth.

 

Commissioner Harkins was sympathetic to the letter but felt they were obligated by law. He did not want to start the practice of responding to challenges and did not feel they should have to continually reaffirm the obvious.

 

Commissioner Eichhorn agreed with Commissioner Harkins.

 

Commissioner Hird said he seconded the motion to remove Items 1A & 1B from the Consent agenda to hear the question by Commissioner Harris. He disclosed that he has no financial interest in Wal-Mart.

 

ACTION TAKEN ON ITEM 1A

Motioned by Commissioner Finkeldei, seconded by Commissioner Lawson, to approve the Final Development Plan for 6 WAK, subject to the following conditions:

1.  Recordation at the Register of Deeds’ Office of the 6 WAK Addition Final Plat.

2.  Recordation at the Register of Deeds’ Office of all restrictions or covenants that will be applied to the development.

3.  Provision of the following fees and executed documents:

a)     Agreements Not to Protest the Formation of Benefits District for Improvements to the intersection of Overland Drive and Wakarusa Drive.

b)     A Site Plan Performance Agreement.

c)      A copy of the document listing the site’s restrictions and/or covenants.

d)     Recording fees made payable to the Douglas County Register of Deeds.

 

Unanimously approved 9-0.

 

ACTION TAKEN ON ITEM 1B

Motioned by Commissioner Finkeldei, seconded by Commissioner Lawson, to approve the Final Plat for 6WAK Addition and forwarding it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

1.      Provision of the following fees and documentation:

a)         A current copy of a paid property tax receipt.

b)         Recording fees made payable to the Douglas County Register of Deeds.

c)         A completed Master Street Tree Plan in accordance with Section 21-708a.3.

d)         A Temporary Utility Agreement.

2.      Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.

3.      Submittal of Public Improvement Plans to the Public Works and Utilities Departments for street/sidewalk, stormwater, sanitary sewer, and waterline improvements.

 

Unanimously approved 9-0.