RESOLUTION NO._____6753__________

 

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, MAKING CERTAIN FINDINGS CONCERNING THE DETERMINATIONS OF THE HISTORIC RESOURCES COMMISSION REGARDING THE PROPOSED OREAD REDEVELOPMENT PROJECT

 

 

Whereas, Triple T, L.L.C. (hereinafter “Triple T”) proposes to construct a mixed use seven-story building comprised of hotel, restaurant and retail uses, among other uses, located generally at the intersection of 12th Street and Oread Avenue (hereinafter “the Proposed Project”); and

 

Whereas, the Proposed Project will include new construction and the demolition of certain structures located in the environs of two historic districts and in the environs of one historic structure more fully described below; and  

 

Whereas, pursuant to K.S.A. 75-2724(e)(1), the State Historic Preservation Officer may enter into an agreement authorizing a city to make recommendations or to perform any or all responsibilities of the State Historic Preservation Officer, if the Officer determines that the city has enacted a comprehensive local historic preservation ordinance, established a local historic preservation commission and is actively engaged in a local historic preservation program; and

 

Whereas, by an agreement dated March 31, 2003, the State Historic Preservation Officer authorized the City of Lawrence, Kansas, Historic Resources Commission to make recommendations and to perform responsibilities of the State Historic Preservation Officer in accordance with K.S.A. 75-2724(e); and

 

Whereas, on September 20, 2007, the City of Lawrence Historic Resources Commission reviewed the Proposed Project, including Triple T’s request for the demolition of existing structures located at 1140 Indiana Street, 1142 Indiana Street, 1144 Indiana Street, and 618-620 West 12th Street, and the construction of a new structure, for compliance with the State law and for the issuance of a Certificate of Appropriateness; and

 

Whereas, on September 20, 2007, the City of Lawrence Historic Resources Commission found that the Proposed Project, including the demolition and new construction, would encroach upon, damage or destroy the environs of the Hancock Historic District, National Register of Historic Places, the Oread Historic District, Register of Historic Kansas Places, and the Jane A. Snow Residence, National Register of Historic Places and Lawrence Register of Historic Places, that the Project did not meet the Standards and Guidelines for Evaluating the Effect of Projects on Environs and further denied Triple T’s request for a Certificate of Appropriateness; and

 

Whereas, K.S.A. 75-2724, and amendments thereto, provide for a hearing before the Governing Body upon such determination of the State Historic Preservation Officer, or such Officer’s designated certified local government agency, including the Lawrence Historic Resources Commission to determine if there is a feasible and prudent alternative to the proposed project; and

 

Whereas, Triple T requested a hearing before the Governing Body of the City of Lawrence, Kansas seeking a determination by the Governing Body that:  1) no feasible and prudent alternative exists to the proposed project; 2) all possible planning has been provided to minimize the harm to the historic properties from the proposed project; and 3) the Certificate of Appropriateness should be issued for the project pursuant to Section 22-504 of the Code of the City of Lawrence, Kansas, and amendments thereto; and

 

Whereas, on November 13, 2007, the Governing Body of the City of Lawrence, Kansas conducted a public hearing to determine based on a consideration of all relevant factors that there is no feasible and prudent alternative to the Project and that the program includes all possible planning to minimize harm to the listed properties resulting from such use and the Certificate of Appropriateness should be issued for the project; and

 

Whereas, additional relevant information and public comments were provided to the governing body during a regularly scheduled meeting of the Governing Body on November 27, 2007; and

 

Whereas, on December 20, 2007, the Lawrence Historic Resources Commission held a public hearing and at the request of the City Commission, reviewed and commented on the Proposed Project’s new designs submitted by Triple T; and

 

Whereas, on February 12, 2008, the Governing Body received and considered additional relevant information and public comments on the matter during a regularly scheduled meeting of the Governing Body; and

 

Whereas,  the Governing Body of the City of Lawrence, Kansas did examine the record of proceedings of the Historic Resources Commission and did receive such other information and public comments as came before it on the matter; and 

 

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

Section 1.        The recitals set forth above are adopted by reference as if fully set forth herein.

 

Section 2.        The Governing Body, after examination of all relevant factors, makes the following findings:

 

  1. The proposed project will enhance and benefit the Oread Neighborhood and the City by strengthening the economic base of the neighborhood and the area and will provide additional amenities including guest lodging facilities, a restaurant, conference facilities, informal gathering facilities, and new retail uses in the neighborhood and the City.

 

  1. The proposed project will include a quality hotel and will revitalize an area which currently suffers from some neglect, dilapidation and infrastructure challenges.

 

  1. Financial information provided by the applicant analyzing the expenses and projected revenues from the project supports a conclusion that a seven-story structure is necessary to make the project financially feasible.  Further, information provided by Triple T shows that eliminating one or two levels of the proposed structure significantly affects the projected revenues of the facility.

 

  1. Springsted Incorporated, retained by the City to provide a financial review of the application for TIF assistance for the proposed Oread redevelopment project, has concluded that a six-story structure “would not be financially feasible if a market return is expected.” 

 

  1. All possible planning has been done to minimize the harm to the listed properties.  The planning includes:

 

1.      Complete documentation of all structures to be demolished shall be conducted by a professional that meets the National Park Service Professional Qualification Standards as prescribed in 36 C.F.R. 61 and shall include scaled drawings and photographs.

 

2.      Triple T shall advertise in the Lawrence Journal-World that the structure at 1142 Indiana Street is available to be moved at the sole expense of a qualified and willing interested party.  Triple T may establish a reasonable deadline for such relocation of the structure to occur.  Triple T may evaluate whether an interested party is qualified and may require such party to enter into a reasonable contract for the right to remove the structure.  If no such qualified and willing interested party comes forward, the structure may be demolished by Triple T, at its sole cost and expense, upon securing the appropriate demolition permit.

 

3.      An approved and designated pedestrian path shall be designed to allow for ease of pedestrian traffic during the construction process.

 

4.      No demolition permits shall be issued for the Project until the Tax Increment Financing District is lawfully established and the 12th and Oread Tax Increment Financing District Redevelopment Agreement is executed.

 

5.      The proposed public improvements, including the new sidewalks and stairs to Mississippi Street, will add value to the environs of the listed properties.

 

 

Section 3.  The Governing Body hereby determines that based on the above findings and all other relevant factors that no feasible or prudent alternative exists to the proposed project and that the project includes all possible planning to minimize harm to historic properties resulting from the project.  Additionally, based upon the findings set forth above, the Governing Body further grants the Certificate of Appropriateness for the proposed project pursuant to City Code.

 

Passed by the Governing Body the                 day of February, 2008. 

 

 

 

                                                                       

                                                                                                                                   

                                                            Sue Hack, Mayor

 

ATTEST:

 

 

 

                                                           

Frank S. Reeb, City Clerk