PC Minutes 10/24/07
ITEM NO. 16A: ANNEXATION OF 144.959 ACRES;
A-06-05-07: Annexation of approximately 144.959 acres located at
E 1500 Road and
ITEM NO.
16B: A & B-2 TO IL; 99.31 ACRES; E 1500 ROAD &
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
ITEM NO.
16C: A & B-2 TO IL; 43.48 ACRES; E 1500 ROAD &
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
ITEM NO.
16D: A & B-2 TO IL-FP; 26.22 ACRES; E 1500 ROAD &
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
ITEM NO. 16E: PRELIMINARY PLAT FOR AIRPORT
BUSINESS PARK NO. 1; E 1500 ROAD &
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.
STAFF PRESENTATION
Mr.
Mr.
Matt Bond, City Stormwater Engineer, gave overview of
current drainage patters and what they would be after the proposed project. He
stated the only change in the drainage patterns would be everything that falls
west of
Commissioner Eichhorn asked when the levee
was built.
Mr.
Bond responded that the levee was started in the early 1960’s and finished in
1976, with revisions up to 1980.
Commissioner
Blaser stated that the map indicated that the water would come across I-70 and
then have to go back under I-70 to go to the east.
Mr.
Bond stated that that was what the current FEMA map shows. Water backs up from
the pump station on
Commissioner Blaser asked what it would
look like if
Mr.
Bond stated that it would not change.
APPLICANT PRESENTATION
Mr.
Jes Santaularia felt there
was a community need for additional industrial sites. He stated that the island
annexation was done a while ago and the bulk of the land sits between the
airport and city. The project would “fill” in city limits and connect to the
airport island. The long-range plans for the area call for industrial uses, and
the project would be adjacent to primary modes of transportation. Mr. Santaularia went on to say that this is a long term plan
and it may take 10 years to develop the site. The property and sales tax
revenue and residential base to service the area was a great opportunity over
the years. It would provide jobs and bring new business to the community. He stated that the zoning annexation was a natural
evolution of what would occur over time in the area. The development should
serve as a catalyst to current needs in
Mr.
Tim Herndon, Landplan Engineering, agreed with the
vast majority of conditions on the staff reports. There were only a few of the
Preliminary Plat conditions (1a, 1b, 1d, 1e, 1f) that they had questions about
and would like to continue discussing with Staff. He stated that they used
guide plans to dictate how they planed for a project like this. One of the
guides that they used was the Comprehensive Plan that preceded Horizon 2020
(H2020). Plan 95 had generally 9 criteria for the selection of an industrial
site and their proposal met all 9 criteria. Their site conformed to the 3 main
requirements; available rail service, a minimum of acreage for present &
future use, and a location outside of the floodplain.
Mr.
Herndon cited supporting documents such as H2020, land use chapter 7, which
stated that the city should have several major industrial areas that provide
employment to the community. He proceeded to read from H2020, which states that
the Airport area was indicated for industrial uses and recommended annexation.
He cited more supporting documents, such as the draft North of North Street
Area Plan which identifies the Airport area will receive expanded business
uses. Other standard documents used for the project were the North Lawrence
Drainage Study, the Stormwater Management Ordinance,
Development Code, and Commercial Design Guidelines.
Mr.
Herndon continued by saying that the proposed site area already had a
significant amount of annexed property and that this annexation would link the
annexed island with the city to have a continuous annexed area.
He
noted a staff report from August 2003 which set the foundation for expansion
because it anticipated industrial growth. The proposed use was anticipated by
the City. He said that in looking at Site Context they identified roads as the
boundary of the general context. He said the total area was over 2000 acres. One
of the primary elements that exists within the area was
the designated FEMA floodplain. 676 acres was FEMA floodplain property. 482
acres was the
Open
Space has been a key element and will remain that way. The Runway Protection
Zone is a 12 acre tract that does not actually have runway on it, but is an
area at the south tip of the runway that is forbidden from anything being
constructed. That area would perpetually be open space. Another significant
component was the proposed floodplain management zones, dedicated to protect,
preserve, and prevent development within the designated floodplain areas. The
floodplain overlay management areas account for 2 feet of freeboard above the
base flood elevation so they are larger tracts of land then the actual
floodplain. They protect a margin around the designated floodplain area.
Another
important component was the R-O-W, setbacks, and easements that will prevent
any structures from being constructed, which would be almost 19% of the
project. The total Open Space provided with the project would be 66 acres,
including 3 ½ miles of public sidewalks to the area. It would also likely
include a picnic area, park, walkways, and other possible options.
The
Development Code states that a commercial element can exist in light industrial
zoned areas. Commercial zoning would allow a variety of commercial uses. When
we adopt the requested zoning it would be restricted and the amount of zoning
would be reduced to a total of 20 acres. We are not increasing an undesirable
use at the intersection. The estimated phase would start with a 120,000 s.f. speck building. The second phase would include 53
acres and phase three would include 92 acres, including commercial uses.
We
discussed the floodplain, relative to the project boundary,
margins of the floodplain area are preserved. In terms of stormwater
management, we have a couple of Baldwin Creek contributories. In significant
rain events the rain is carried to the eastern direction. Traffic improvements
would include the turnpike underway with major improvement to the east
Commissioner Moore inquired about
improvements to 24/40 Hwy.
Mr.
Bond said that improvements to 24/40 Hwy was part of
an overall plan outside of this project.
Commissioner Harris inquired about the
FEMA maps being updated.
Mr.
Bond stated that more accurate topographical aerials will result in new maps.
Commissioner Eichhorn asked Mr. Bond if
he anticipated any new areas being included in the floodplain.
Mr.
Bond replied, no.
Commissioner Finkeldei asked about
channel improvements on tract A.
Mr.
Bond stated it would be used for pad sites. When
Commissioner Harkins asked about the
risks of the project being built out over a period of years with some of the
modifications added over years for runoff.
Mr.
Bond stated that as each project is built they would be looked at then. Based
on what is to the north would dictate when those improvements are done.
Commissioner Harkins asked how much of
that would be the City’s responsibility and the developer’s responsibility, and
would there be assurance that projects would not be built without improvements.
Mr.
Bond said he was not sure who would be responsible but that it could not be
completed without improvements by the City.
Commissioner Blaser inquired about
raising Highway 24/40.
Mr.
Bond replied that yes, certain sections of Highway 24/40 would have to be
raised.
Commissioner Harris inquired about two
comments from the public concerned about organism growing in the soil.
Mr.
Bond said he could not comment on that matter because it was not his expertise.
Commissioner Harris asked if drainage
and retention were expected to be different in those areas.
Mr.
Bond stated the flow would be different but the drainage and retention should
stay the same
Commissioner Harkins asked if this was
an ideal site or a site that could be made to work.
Mr.
Bond stated that the site had merit to implement some of the North Lawrence
Drainage Study recommendations.
Commissioner Finkeldei asked for a
projection of when phase B would start.
Mr.
Herndon stated that phase B could not be started until infrastructure was
extended northward, hopefully in about 7 years. Significant industrial
component was needed to support commercial uses.
Commissioner Finkeldei asked what the
intended use would be until development.
Mr.
Herndon said that agricultural uses would remain until the buildings were
developed.
Mr.
Santaularia agreed that the land would remain the
same until development.
Commissioner Eichhorn stated that the
land was irregular shaped and was there any way to also annex pockets of land.
Mr.
Herndon stated that in systematic successive annexations it was difficult to
make clean lines. They could look at the highway 24/40 corridor for cleaning up
lines for a specific purpose.
Commissioner Moore asked Mr. Herndon to
speak about the involvement with neighbors during the process.
Mr. Herndon
said they have talked with the North Lawrence Association, Grant Township
Board, KU Endowment Association, Kaw Valley Drainage
District, KDOT, KTA, Airport Advisory Board, and FAA.
Commissioner Eichhorn asked if the area
of land set aside was enough for Airport expansions.
Mr.
Santaularia said that there were no intentions for
the Airport to expand south. Expansions for the Airport would be to the north
and east.
PUBLIC HEARING
Gentleman who did not state his name or sign in, wanted a grocery store in
Joan
Golden,
Chair of Lawrence Chamber of Commerce, stated that in January 2007 the Chamber
introduced a vision to make
Commissioner Harkins asked for a
specific example of a business that
Ms.
Golden stated that Hills Pet Nutrition was looking for 80-100 acres but
Mr.
Herndon stated that they start with subdividing smaller lots that could be
combined.
Commissioner Harkins asked if the site
could have been made suitable for Hills Pet.
Mr.
Herndon replied, absolutely.
Mr.
Santaularia said they intend to build a speck
building for businesses who might want to come to
Commissioner Eichhorn asked if ECO2 was
supported by the Chamber of Commerce.
Ms.
Golden replied, yes. The Chamber supported the ECO2 concepts.
Commissioner Harris asked if there were
existing 120,000 s.f. buildings vacant and available
in
Mr.
Santaularia replied, no.
Chet
Fitch,
trustee of
Commissioner Finkeldei asked if
Mr.
Fitch stated that building north of Mud Creek was fine, but between the creek
and river was not a good location.
Commissioner Finkeldei asked if a
commercial project came along would
Mr.
Fitch replied, possibly. He stated that with the Industrial Park the water was
being pushed from
Commissioner Harris asked if the zoning
IL district would allow some commercial and if there were limits on how much of
that land could be commercial.
Mr.
Patterson replied that commercial uses were restricted to only part of the
request.
Nancy
Thellman, Citizens for Responsible Planning, were opposed to the project. She stated that people were
interested in the project because concerns existed. Problems with the project
were significant, such as changing the character of the neighborhood and
environmental derogation. She went on to say that private developers asking for
public money to build something in the floodplain was not right.
Commissioner Finkeldei asked if CRP
would oppose development of existing commercial property.
Ms.
Thellman said that CRP would approve growth in
Commissioner Finkeldei asked if they
would object to a residential subdivision.
Ms.
Thellman said that a residential subdivision so close
to the floodplain would be a bad idea. It was good farmland because the land
holds water.
Commissioner Harris asked Ms. Thellman to talk about the levee effect.
Ms.
Thellman stated that Matt Bond did not seem absolutely
sure about what he said. She felt that adding a building inside a bowl
protected by levee’s all around did not make sense if there was an option not
to do it.
Rick
Bryant,
Chair of Airport Advisory Board, stated that the airport land was flat and
confined by boundaries. In about 5 years they would like to extend the main
airport runway to the south so the runway protection zone would move farther
south. The last extension of the runway included mitigation of wetlands. If
there were more run off to the east, there would be concern about attracting
birds near the runway.
Mr.
Ron Schneider, attorney on behalf of Citizens for Responsible Planning, provided
letter to request a continuance considering the fiscal impact to the City. He
suggested the annexation be heard first and then wait for proper publication
for it to become within the City. He felt there was lack of adequate
information for consideration and questioned the concurrent consideration of
the rezoning with annexation. He thought that the annexation should stand or
fail on its own merits. He felt that the Commission had no authority to hear
the rezoning until the land had been annexed. He went on to say that the
applicant’s aerial image did not show existing homes. He commended Staff but
felt that Staff avoided or misunderstood in analyzing the components. He felt
that the City should not have to finance the project. He also discussed the
transportation costs in raising the roads and questioned why make improvements
now and then tear out for future raisings. He felt that the impact of the
neighborhood had been ignored. He said that the developer stated they do not
have tenants for the site yet. He referenced H2020 and said that it was a
massive project so it should be relied on. He read the mission statement from
H2020 and cited the Growth Management Policy.
He
stated that developers should pay for the project to the extent that was
reasonable and the residents of the community should not be burdened. He felt
that Staff had omitted the cost of the project in the Staff Report. He felt that there was not an adequate
evaluation of the North Lawrence Drainage Study and wanted to see improvements
of roads and hydraulic structures and emergency vehicle access during flooding.
He referenced the
He
referred to Chapter 6 (page 3.2) which requires an impact analysis. He felt
that if the project was so good the developer should not have to have the City
pay for it.
He
asked that the annexation be denied for lack of analysis and felt that the
applicant wanted to annex the property to have the City pay for the project. He
said the rezoning application Golden Rules were not exhaustive. He went on to
say that the character of the neighborhood was being altered and that the Staff
Report misses great issues. He requested that Planning Commission wait to have
fiscal numbers before voting on the issue.
Mr.
Schneider did not think that the project compliant with the Comprehensive Plan
and that the requirements for fiscal analysis had not been met.
He
said that the Watershed Study states that no building should go there until
absolutely certain that there will be no harm.
Julie
Mitchell,
lives in the floodplain area, and was concerned that this project would raise
flood insurance rates for
Commissioner Eichhorn asked Staff if
the FEMA score would be raised.
Mr.
McCullough replied that if the adopted regulations are not enforced then there
might be repercussions to flood insurance.
Lane
Williams,
1735 E 1500 Road, stated that his home was not shown on the aerial photo that
was shown during the developers presentation. He stated that the developer proposes an amendment to
H2020 and that is a substantial change. He felt the public should have an
opportunity to express feelings about the community center being eliminated. He
disagreed that Hills Pet Nutrition would have been a
good fit for the proposed area. He felt the area
would not be suitable for a large lot development. He was concerned about the
impact to the neighborhood. He wanted Staff to present more detail about water
runoff.
Wakefield
Dort, KU professor, compiler of
Commissioner Harkins said that it
seemed Mr. Dort was discounting the effectiveness of
the dikes that had been added since 1951; they were designed to silt.
Mr.
Dort said he wanted to consider the possibility of
what could happen.
Mary
Ann Stewart,
511
Commissioner Finkeldei asked Ms.
Stewart if she would support a moratorium of building in
Ms.
Stewart said she was cautious about building in flood areas and felt the cost
to the community was great.
Commissioner Finkeldei asked Ms.
Stewart if she thought 40 million of public money should be spent to implement
the North Lawrence Drainage Study or used to buy up all of the homes in
Ms.
Stewart said she would not be opposed to the concept of the city buying up all
of the homes in
Carey
Maynard-Moody, said that good planning needs to take into consideration the changing environment. Flooding happens more
frequently because the planet is hotter. She stated the North Lawrence Drainage
Study was modest. She referenced floodplain information submitted to the City
in 1969 which states that the levee will eventually fail. She also referenced a
memo from a former Lawrence Stormwater Engineer that
stated that the public will bear the cost of recovery from flooding and good
planning was based on the changing times.
Natalya Lowther, concerned land owner, was opposed to
the project. She showed an updated aerial view of her farm. She wanted to see
more managing of the flow of water in a long term non engineering approach. She
said that the project would impact her ability to remain outside of the City.
If the property is annexed she will lose agricultural rights. She showed photos
of various flood events.
Commissioner Finkeldei asked
Staff to address the issue of farmland after annexation.
Mr. McCullough said that the Development Code allows agricultural
uses to continue.
Jana
Dobbs, was in favor of the
project and said the plan was consistent with H2020. She felt it would expand the
tax base and developing community.
Charles
NovoGradac, owns Chestnut Orchard
near proposed project. He stated he was proud to own
20 acres of good farm land and was opposed to the project. He thought it would
be more economical to retain land as agricultural rather than spend money on
more infrastructure.
Norman Leary, lives on 1479 Road, his grandfather Pine owned 40 acres
south of the Airport. He supported the Pine family development plans. He felt
that
Ted Boyle, President of the North Lawrence Improvement Association,
number one concern was flooding. He stated that
Michael Almon, submitted
letter about protecting farmland from sprawl. He stated that prior to 1993
flood the attitude was to diminish a severe flooding event. In 1961 levee’s were built to address issues of flooding in the
already urbanized area of
Commissioner Finkeldei
asked if the 2’ freeboard had been accounted for.
Mr. Bond stated that it was addressed on the map he showed earlier
in the IL-FP areas.
Bruce
McKee, felt that
property owners would be negatively impacted. His property would be surrounded
on all sides by the development. If the proposed buildings are built they will
be within 15’ from his house.
Margaret Sheek, concerned
about water and agriculture. Lives on 1900 Road, lived through floods in 1935,
1951, 1993. She was also concerned because this was prime agriculture land. She
stated that more industry could be made but agricultural land could not be
made.
Pat Ross, 1616 N 1700 Road, farms in the area. Stated the airport
was built on prime farm ground but it has been good for the community. No site
would be perfect, but he believed the site deserved approval based on it’s
proximity to the turnpike, highway, and airport. He felt it would serve the
greater good of
Alison Myers-Arenti was concerned
about taxes. He stated that
APPLICANT CLOSING COMMENTS
Tim Herndon, clarified that the project would not be in the
floodplain. The traffic study was comprehensive, the study has been
reviewed. The fiscal impacts of the project are reasonable and necessary as it
relates to economic vibrance. Traffic
improvements, roadway improvements, etc. would all progress concurrently as the
development progresses.
Commissioner Harkins asked
which staff comments the developer did not like.
Mr. Herndon stated the conditions on the Preliminary Plat that he
was concerned about were 1a and 1b.
Jane Eldredge, stated the annexation
conforms with H2020. The Airport is a facility that is a City service. The
Comprehensive Plan intends for industrial development. Chapter 6 page 6.14
identifies commercial centers. Chapter 7, one of the goals is to provide 20,000
new jobs by the year 2020. The development would be consistent with appropriate
policies. Industrial property is to be in the UGA. She said that the Plat
conditions 1A-1F are not a typical Planning Commission decision. She would like
City Commission to deal with those sets of conditions. She also stated that
there was nothing inappropriate about hearing annexations at the same time as
rezoning.
Commissioner Harris said
that Planning Commission does have a responsibility to measure request against
fiscal impact.
Ms. Eldredge said that the Comprehensive Plan was a document that
Planning Commission and City Commission both use.
Commissioner Harris asked
for an example of when public money was used on a project.
Ms. Eldredge replied she did not know of an example.
Commissioner Harris said
that this project cannot happen unless the infrastructure is improved.
Commissioner Harkins asked
if utilities would be extended across property not owned by the City and would a cost be
allocated to people in the pathway.
Mr.
McCullough stated that analysis is still on-going.
The proposed new condition on the plat would address some of that. The
difficulty lies in trying to decipher what infrastructure costs that can be
directed at this project versus projects slated to exist in the future that
would happen eventually without new development. That is why costs are not
available yet. That information should be reviewed by City Commission.
Commissioner Harkins stated
that cost issues seemed to be a City Commission issue that the City Manager
would work with the developer on.
Mr.
McCullough said that looking at the impact of the use
and fiscal responsibility lies with City Commission.
Ms. Eldredge said that the Pines family had already had about 30
acres of their property taken for various public improvements. All of these
things are indications of industrial development to come. She stated that the
annexation should be effective with the rezonings,
not prior.
Commissioner Eichhorn
stated that generally most of the Preliminary Plats have included public
infrastructure improvements. He wondered if the Planning Commission should
discount the North Lawrence Drainage Study in their decision.
Mr. McCullough said he did not feel they should discard it because
it was an important tool.
Commissioner Harris
inquired about the affect of stormwater direction and
impact on existing wells.
Mr. Bond said it could affect ground water but that was not his
expertise.
Commissioner Blaser
inquired about the 100 flood and dikes done on a watershed basis. They are not
finite enough to deal with localized areas.
Mr. Bond showed map of representation of scenario levee breech.
The proposed land was out of the floodplain.
Commissioner Harkins was
concerned about making a decision tonight with the Planning Commission having 3
members absent. The final decision could be made by 2 people. He did not know
what the urgency of the project was but it could wait so that they might be
able to make an informed decision.
Ms. Eldredge said that the applicant would not have an objection
to that.
Commissioner Eichhorn said
the 3 commissioners who were not present may not know what was going on, even
if they were to read the minutes.
Commissioner Harris agreed
with Commissioner Eichhorn that testimony tonight was greater detail then what
would be seen in the minutes.
Commissioner Eichhorn asked
if the Interlocal Agreement that Mr. Almon mentioned was still in effect.
Mr. McCullough said he was not sure.
Commissioner Harris asked
what kind of uses would be in the facility.
Mr. Herndon replied there would likely be a warehouse facility.
The temporary storage of goods would be a part of the business park. This
project would be a much higher guarantee or promotion of bringing higher paying
jobs to
Mr. Santaularia said they would be
building a facility for Pioneer Seed.
Commissioner Harris was
confused about where commercial aspects of the project would be.
Mr. Herndon drew a map showing where each use would be on site. IL
includes commercial uses.
COMMISSION DISCUSSION
Commissioner Moore heard a
lot of good discussions. Access to good roads, railroad, and Airport all point
to industrial uses. He understand the floodplain
concerns. And he understood the finances but agreed that it was a City
Commission decision.
Commissioner Harkins stated
that when he first came on to the Planning Commission one of the strongest
criticisms was that Planning Commission did not know the rules. He felt the Commission
should make a strong effort to make rules clear and stand by them. He said he
was not personally comfortable with this project because although it was not
technically in the floodplain, it was flood vulnerable. He felt an opportunity
was missed to look south near the Wakarusa Water Reclamation Facility for a
Commissioner Eichhorn asked
if the Interlocal Agreement was of concern.
Commissioner Harkins said it is of concern and he
would like to see it as evidence. He suggested waiting on voting.
Commissioner Blaser understood the need for new business
but he was concerned about
Commissioner Harkins said
that if that was the case then they would need to change H2020 so that they do
not double talk.
Commissioner Finkeldei
agreed that flooding was a prime issue. He fully supported the City Commission
coming up with a way to fund the North Lawrence Drainage Study. He wondered if
there was a 14” rain would the rezoning affect current residences. He said that
flooding was a problem in
Commissioner Blaser stated
that if streets and infrastructure were in place then the land could not be
farmed.
Commissioner Finkeldei
thought that the streets would not go in during the first phase.
Mr. McCullough agreed that technically the streets would not go in
during the first phase.
Commissioner Eichhorn said
that ECO2 was designed to help bring forward the offset of development in these
types of areas for public funds. He asked if the City was spending money to
bring their project forward was there any design for ECO2 to come forward and
be a part of it.
Mr. McCullough said that they are actively lending staff support
to the next plan of ECO2.
Commissioner Harris agreed with Commissioner Blaser
about concerns with flooding in the area. She also agreed with Commissioner
Harkins about following the rules. In reading the Comprehensive Plan she saw
several different plans for that intersection. She would like to see an area
plan be implemented for that area.
Commissioner Harkins said
they should not punish developers for the city having inadequate plans. The
other alternative would be housing and he would never approve housing next to
the Airport.
Commissioner Eichhorn was
concerned about the fiscal decision by the City. The City would have 3 weeks to
come up with appropriate monetary decision.
Mr. McCullough said that should be part of the discussion at City
Commission.
Commissioner Harris asked
if the City could not come up with a reasonable financial situation would they
deny the project.
Mr. McCullough said that no building permits would be issued until
an agreement was reached.
Commissioner Harris said
she did not think she could approve an annexation not knowing if the City could
afford the project.
Commissioner Harkins said
they have a set of rules to follow, and whether or not they like the project is
not how they make decisions. If the rules are wrong then they need to change
the rules. He felt obligated to proceed with approval of the project.
ACTION TAKEN FOR ITEM 16A
Motioned by Commissioner Finkeldei, seconded by
Commissioner Moore, to approve the requested annexation of approximately 144 acres
located at E 1500 and
1. The
City of
Motion
carried 5-2, with Commissioners Chaney, Eichhorn, Finkeldei, Harkins, and Moore, voting
in favor. Commissioners Blaser and Harris voted in opposition. Student
Commissioner Robb also voted in opposition.
ACTION TAKEN FOR ITEM 16B
Motioned
by Commissioner Finkeldei, seconded by Commissioner Blaser, to approve the rezoning
of approximately 99.31 acres from A and B-2 District to IL (with use
restrictions) District and forwarding a recommendation of approval to the City
Commission, based on the findings of fact outlined in the staff report and
subject to the following conditions:
1.
Initiation by the Lawrence-Douglas County Planning Commission of a
Comprehensive Plan text amendment to remove the Neighborhood Commercial Center
designation for the N. 7th Street and US 24/40 intersection.
2.
Filing of a Final Plat at the Register of Deeds’ Office.
3.
Inclusion in the
zoning ordinance of the applicant’s proposed restrictions of uses: Fast Order
Food; Fast Order Food, with Drive-In; Restaurant, Quality; Food & Beverage;
Mixed Media Store; Personal Convenience; Repair Service, Consumer; and Retail
Sales, General.
Motion carried 6-1, with Commissioners Blaser, Chaney,
Eichhorn, Finkeldei, Harkins, and Moore voting in favor. Commissioner Harris
voted in opposition. Student Commissioner Robb also voted in opposition.
ACTION TAKEN FOR ITEM 16C
Motioned by Commissioner Finkeldei, seconded by
Commissioner Moore, to approve the rezoning of approximately 43.48 acres from A and B-2 District to
IL District and forwarding a recommendation of approval to the City Commission,
based on the findings of fact outlined in the staff report and subject to the
following conditions:
1.
Initiation by the Lawrence-Douglas County Planning Commission of a
Comprehensive Plan text amendment to remove the Neighborhood Commercial Center
designation for the N. 7th Street and US 24/40 intersection.
2.
Filing of a Final
Plat at the Register of Deeds’ Office.
Motion carried 6-1, with Commissioners Blaser, Chaney,
Eichhorn, Finkeldei, Harkins, and Moore voting in favor. Commissioner Harris
voted in opposition. Student Commissioner Robb also voted in opposition.
ACTION TAKEN FOR ITEM 16D
Motioned by Commissioner
Finkeldei, seconded by Commissioner Moore, to approve the rezoning of
approximately 26.22 acres from A and B-2 District to IL-FP District and
forwarding a recommendation of approval to the City Commission, based on the
findings of fact outlined in the staff report.
Motion carried 6-1, with Commissioners Blaser, Chaney,
Eichhorn, Finkeldei, Harkins, and Moore voting in favor. Commissioner Harris
voted in opposition. Student Commissioner Robb also voted in opposition.
ACTION TAKEN FOR ITEM 16E
Motioned by Commissioner
Finkeldei, seconded by Commissioner Moore, to approve the Preliminary Plat
(PP-06-07-07) of Airport Business Park No. 1, and forwarding a recommendation of approval
to the City Commission, with the
following revised conditions:
(condition(s)
deleted are struck thru, condition(s) added are underlined).
1.
Revision of the Preliminary Plat to reflect the following conditions:
a.
Addition of a
note stating that a Transfer of Ownership to the City of
b. Removal of the utility easements encompassing
the entirety of the pump station sites, as ownership of the pump station sites
will be transferred to the City. Additional utility easements may need to be
dedicated for the sanitary sewer mains with the final siting
of pump stations.
c. Revision of the pump
station sites to appropriate sizes. The sizes of these sites may need to be slightly
altered at a later date prior to final plat recordation based on
the layout of the pump stations.
d. Addition of a note stating that ownership of the property on which the temporary
pump station is located will revert to the adjacent property owners when the
pump station is decommissioned.
e. Addition of a note
stating that funds will be placed in escrow after the approval of the final
plat for the future decommissioning and modification of the temporary
pump station, and that no building permits will be issued until the funds are
in escrow.
f. As the access waiver requests for direct access to
US 24/40 were denied, the first sentence of General Note #9 will need to be
revised to read as follows: “Direct driveway access onto
g. Inclusion of a note stating that one temporary
access point for the temporary sanitary sewer pump station will be
permitted from Block Five, If
the location of the access point is known, it shall be shown on the plat, with
hatch marks included along the remainder of the west side of
h. Block Five, Lots 2 and 4 will be reoriented so they both
have frontage on proposed
i. Inclusion of a note stating that access from Block
Four,
j. Dedication of any additional required Right-of-Way,
per the approval of the City Engineer.
k. i. Revision of Note #15 in the General Notes
section to state that the pedestrian ways within pedestrian easements are to
be constructed concurrent with the paving of the most adjacent roadway shall
be constructed per the subdivision regulations Section 20-811(C)(v).
l. j. Inclusion of information regarding final
plat phasing. This phasing shall
be concurrent with phasing of the Downstream Sanitary Sewer Study.
m. Revision to include the airspace overlay zones as
described in the Development Code Section 20-302.
n. k. Removal of General Note #16e.
o. l.
Revision of General Note #16f to remove the following language: “Timing of the
installation of such improvements will be per the discretion of the property
owner(s) [in the instance of private financing] and per the City [in the
instance of public financing]. General Notes #16a
through f may need to be further revised, based on the outcome of discussions
related to financing of infrastructure improvements at the City Commission
meeting.
p. Dedication of the full
right-of-way for E 1500 (
m. Prior to a building
permit being granted for any building associated with Phase A1, an agreement
shall be reached between the City and property owner/applicant as to the
provision, timing, and financing of all road, water, sewer, and storm water
infrastructure for the project.
Motion carried 6-1, with Commissioners Blaser,
Chaney, Eichhorn, Finkeldei, Harkins, and Moore voting in favor. Commissioner
Harris voted in opposition. Student Commissioner Robb also voted in opposition.
Commissioner Eichhorn stated he would
like ECO2 as part of the negotiations with the City.