PLANNING COMMISSION MEETING
April 21 & 23, 2008
Meeting Minutes
______________________________________________________________________
April 21, 2008 – 6:30
p.m.
Commissioners
present: Blaser, Carter, Chaney,
Eichhorn, Finkeldei, Lawson, and Moore
Staff present:
McCullough, Stogsdill, Day, J. Miller, M. Miller, Patterson, and Brown
______________________________________________________________________
MINUTES
Minutes from the February
and March Planning Commission meetings were not ready for approval.
COMMITTEE REPORTS
Commissioner
Moore said the Industrial Committee and Amy Miller created a memo that went
over the items discussed.
Commissioner
Finkeldei said that TAC met and the Wednesday night Planning Commission meeting
had a few items that have been approved by TAC.
Commissioner
Eichhorn said that RZO met.
COMMUNICATIONS
Mr.
EX PARTE /
ABSTENTIONS / DEFERRAL REQUEST
· No ex parte.
· No abstentions.
PC Minutes 4/21/08
ITEM NO.
1
FDP-02-01-08: A Final Development Plan for an office
warehouse at
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by
Commissioner Chaney to approve the Final Development Plan for Pine Ridge
Plaza Lot 1B based upon the findings of fact presented in the body of the Staff
Report subject to the following conditions:
1.
Provision of a mylar and applicable recording fees to include easement
agreement for ROW use.
2.
Provision of revised notes for set back reductions to list as follows:
“The following waivers and reductions were approved by the Planning Commission
on March 24, 2008:
a.
Yard reductions
along the west side from 35 feet to 12 feet rear yard setback;
b.
Yard reductions along the east side from 30 feet to 15 feet
front/peripheral yard setback;
c.
Yard reductions along the south side from 30 feet to 15 feet peripheral
yard setback for the parking lot;
d.
Off-street parking from 131 spaces required to 90 spaces to be
provided.”
3.
Provision of a revised Final Development Plan to conform to the
Commercial Design Standards per staff approval for the building facades.
a.
Provision of the west building facade that shows building material
treatment extended to the rear of the building consistent with the south side
application to extend at least 1/3 of the building.
b.
Provide additional vegetative screening on the southwest corner to
provide additional screening to the rear of the building.
c.
Provide building façade treatment to the north elevation and to include
landscape materials to reduce massing and soften façade appearance.
4. Extend internal sidewalks from south driveway
public sidewalk to front building sidewalk and relocated bike rack to other
location on site such as south end of building.
Unanimously approved 7-0, as part of the Consent Agenda.
PC
Minutes 4/21/08
ITEM NO.
2A PRELIMINARY DEVELOPMENT PLAN FOR THE
OREAD;
PDP-03-03-08: Revised Preliminary Development
Plan for The Oread, located at
ITEM NO.
2B FINAL DEVELOPMENT PLAN FOR THE
OREAD;
FDP-03-04-08: Final Development Plan for
The Oread, located at
STAFF
PRESENTATION
Ms. Sandra Day presented Items 2A & 2B
together.
APPLICANT
PRESENTATION
Paul Werner was present for questioning.
PUBLIC
HEARING
No public comment.
COMMISSION
DISCUSSION
Commissioner Lawson asked where the
applicant was at with City involvement in funding.
Mr. Werner said the TDD and TIF were formed
and that the Development Agreement was filed at the Register of Deeds.
Commissioner Lawson asked if that was talked
about at any length.
Mr. Werner said that it was discussed the
most during the Planning Commission meeting 2 months ago.
ACTION TAKEN
ON 2A
Motioned by Commissioner Finkeldei,
seconded by Commissioner Blaser to approve the Preliminary Development Plan for The Oread based
on the findings presented in the staff report and forwarding it to the
Unanimously approved 7-0.
Commissioner Finkeldei asked why condition
4B was reiterated if that is what the Development Code says.
Ms. Day said that it needs to be noted on
the plan.
ACTION TAKEN
ON 2B
Motioned by Commissioner Moore, seconded by
Commissioner Carter to approve the Final
Development Plan for The Oread based on the findings presented in the staff
report and subject to the following conditions:
- Approval of the
Preliminary Development Plan by the City Commission.
- Submission of mylar
and recoding fees.
- Note book and page
number of recorded development agreement on face of the Final Development
Plan.
- Provision of the
following notes:
- “The final
Development Plan must comply with the Development Code and the
Redevelopment Agreement. If the provisions of the Development Code and
the Redevelopment Agreement are inconsistent, the more restrictive
provision will control to the extent permitted by law.”
- Per section
20-1011(f), “All property owners waive their right to approve or disapprove
any alterations to the Preliminary Development Plan.”
- Submission of public
improvement plans for sanitary sewer and stormwater improvements
Unanimously approved 7-0.
PC Minutes 4/21/08
ITEM NO.
3
PDP-02-02-08: Preliminary
Development Plan for
Item 3 deferred prior to the meeting.
PC Minutes 4/21/08
ITEM NO. 4 A-1 TO RS-40; 140 ACRES; BAUER BROOK
ESTATES (SLD)
Z-03-08-08: A request to rezone a tract of land
approximately 140 acres for Bauer Brook Estates from A-1 (Suburban Home
Residential) to RS-40 (Single-Dwelling Residential) for public hearing at
future meeting. (Initiated by Planning Commission on 3/24/08)
STAFF
PRESENTATION
Ms.
Commissioner Eichhorn asked if it was wise to
allow the potential for lots splits
Ms. Day said that it cannot be prohibited and that
the ability to divide will be hindered by topography.
PUBLIC
HEARING
Ms. Pat Hays, was a neighbor who was opposed and concerned
about traffic on
Commissioner Eichhorn said to Ms. Hays that it was
being rezoned to the least dense zoning district for single-family.
Commissioner Moore asked if there was a
requirement that the property be annexed.
Ms. Day replied, yes.
Ms. Hays asked if the plats were too big to sell.
Commissioner Moore said that he did not think that
any of these property owners were interested in subdividing.
Commissioner Finkeldei said the people who live
there did not want to be annexed and rezoned.
Mr. McCullough said the time frame for annexation
was extended because services were not available.
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by
Commissioner Chaney, to approve the rezoning of approximately 140 acres from A-1
(Suburban Home Residential) to RS-40 (Single-Dwelling Residential) District and
forwarding it to the City Commission with a recommendation for approval based
upon the findings of fact outlined in the staff report.
Unanimously approved 7-0.
PC
Minutes 4/21/08
ITEM NO.
5A PRELIMINARY PLAT FOR
PP-02-02-08: Preliminary Plat for
ITEM NO.
5B CONDITIONAL USE PERMIT FOR
CUP-02-01-08: Conditional Use Permit for Willow
Springs Township Fire Station No. 2, located on the N side of the intersection
of County Route 460 & E 1100 Road,
STAFF
PRESENTATION
Mr. Paul Patterson presented items 5A & 5B together.
Commissioner Eichhorn asked if there was a screen requirement.
Mr. Patterson said no, not at this time.
APPLICANT
PRESENTATION
Charles Wintermantel, Trustee of Willow Springs
Township, was present for questioning.
Commissioner Eichhorn asked Mr. Wintermantel about screening.
Mr. Wintermantel said they would do any screening required.
Commissioner Moore asked if this would affect Fire Rating.
Mr. Wintermantel said yes, it will increase rating and decrease insurance
premiums.
PUBLIC
HEARING ON VARIANCE ONLY
No public comment.
ACTION
TAKEN ON 5A
Motioned by Commissioner
Carter, seconded by Commissioner Finkeldei, to grant the requested variances for lot area,
lot depth, lot width and lot frontage and approve the Preliminary Plat for
Willow Springs Township Fire Station [PP-02-02-08] based on the findings found
in the body of the staff report and forward the preliminary plat to the County
Commission with a recommendation for vacation of portions of road right-of-way
and acceptance of dedication of easements and rights-of-way.
Unanimously approved 7-0.
ACTION
TAKEN ON 5B
Motioned by Commissioner
Carter, seconded by Commissioner Finkeldei, to approve the Conditional Use Permit
CUP-02-01-08 for Willow Springs Township Fire Station No. 2 and forwarding it
to the
Unanimously approved 7-0.
PC Minutes 4/21/08
ITEM NO. 6A
Z-02-07A-08: A request to rezone a
tract of land approximately 6.99 acres from
ITEM NO. 6B
Z-02-07B-08: A request to rezone a
tract of land approximately 20.92 acres from
ITEM NO. 6C UR TO CN2; 7.23 ACRES; NE CORNER OF 6TH
ST & STONERIDGE AND NW CORNER OF 6TH ST & QUEENS RD (MKM)
Z-02-07C-08: A request to rezone a
tract of land approximately 7.23 acres from
ITEM NO. 6D
Z-02-07D-08: A request to rezone a
tract of land approximately 5.669 acres from
ITEM NO.
6E PRELIMINARY PLAT FOR CREEKSTONE;
PP-10-09-07: Revised Preliminary Plat
for Creekstone, Stoneridge Dr to
STAFF
PRESENTATION
Ms. Mary Miller presented items 6A-6E together.
APPLICANT
PRESENTATION
Mr. Pat Kelly, developer
of property, gave a brief history of himself and his background. Introduced
Mark Anderson, Mike Finegold, Joy Rhea, and Phil Struble, who were also
present.
Mr. Phil Struble,
Landplan Engineering, discussed the RM12 rezoning. He felt that they needed to
go to more density, not less, but the RM12 will provide transitions to projects
that went into with less density than Horizon 2020 allowed. He stated the cost
of infrastructure makes more density necessary. He emphasized the walk-ability
of the project. He asked that condition 10 on the Preliminary Plat Staff Report
be stricken or include the option that the turn lanes can be financed through a
benefit district. He would like to proceed with the Preliminary Plat even if
the rezonings are deferred/denied.
Mr. Mark Anderson, said
there were no other properties in the area that had land with special
assessments equal to $4 a square foot. He said the plans need to work in
economic reality and that these improvements are critical for the City.
Mr. Mike Finegold,
assisted Mr. Kelly in purchasing the property, stated that they met with
Planning Staff in the beginning and were encouraged to use mixed use
development.
PUBLIC
HEARING
Mr. Alan Cowles,
West Lawrence Neighborhood Association, objected to the strip mall rezoning for
item 6C. He did not feel it fit the area plan. He mentioned promises that had
been made when additional commercial property was added to the 6th
& Wakarusa area.
COMMISSION DISCUSSION
Commissioner Moore asked
where the line between RM12 to RM15 originated from.
Ms. Miller said the size
of RM15 was so much larger than the other areas zoned for medium density in the
area and the Northwest Area Plan recommends reducing the density from
Commissioner Carter asked why Mr. Cowles referred to a strip mall.
Ms. Miller said it can be considered strip commercial.
Commissioner Eichhorn asked if the Northwest Area Plan was in Horizon
2020.
Mr. McCullough said that
the Northwest Area Plan needed to be updated but that they still use it as a guide.
Commissioner Eichhorn
asked if originally the plan was to have CN2 zoning all the way across the
project.
Mr. McCullough replied
yes, as the first design.
Commissioner Lawson said
the retail impact study acknowledges that it was done but he did not see
results.
Ms. Miller said there
were a few minor errors and that it was reviewed and accepted by Long Range
Planner,
Commissioner Lawson
asked what it revealed.
Mr. Struble said the
first design had CN2 zoning across the entire front. CO is not as clear cut as
other districts, other than saying that there is capacity for more small
commercial retail, there was not much more. The study indicated that there was
capacity in the retail market for this development.
Commissioner Lawson said
that one of the things staff points to is the amount of existing commercial
development in that area. He felt that staff was right and asked how many fast
food stores and banks does
Mr. Kelly said that a walkable
community was needed and that the community could benefit from this project.
Commissioner Eichhorn
asked what other options they would have if they developed as a mixed use
district.
Mr. McCullough said that
staff would have to look at it.
Mr. Struble said they
are focusing on the walkability of the project and that it is not designed to
compete with nearby developments such as Mercato or WalMart.
Commissioner Eichhorn
inquired about private streets and would more density come from a PD.
Mr. Struble replied, no.
The private street comment came from using standard city note language. They
will not be creating private streets with this development. He was not in favor of PD’s.
Commissioner Carter had
questions about the long term plan and asked if staff’s opinion had changed.
Mr. McCullough said that
September was when staff took a harder look at it and that staff opinion is
based on Horizon 2020.
Commissioner Moore said
that if office development was held to the same standard as commercial there
would not be any more office development built.
Commissioner Finkeldei
asked if the nodal concept in Horizon 2020 was at the corners of collector
streets and arterials or arterials intersections.
Mr. McCullough said they
are specifically identified by list and map in Horizon 2020.
Commissioner Finkeldei
inquired about the designation of the streets.
Mr. Struble said the
streets are collectors.
Ms. Miller said that
certain intersections are designated for CN2.
Commissioner Finkeldei
said that CO and CN2 in the use tables are fairly similar and they both allow
retail sales generally. He asked what the difference between retail sales
general and retail sales typical was.
Ms. Miller read the definitions out loud.
Commissioner Finkeldei inquired about the possibility of constructing multiple
buildings being per lot.
Ms. Miller said that two buildings could probably go on one lot, but they
would be small buildings.
Commissioner Blaser said
that he wished the area on both sides was built out because he thought it would
look different. He was not in favor of commercial.
Commissioner Finkeldei
asked Mr. Struble about the plat request.
Mr. Struble said that he
would like to proceed with the Preliminary Plat and work on the rezoning later.
Commissioner Finkeldei
asked staff about their position on moving ahead with the Preliminary Plat.
Ms. Miller said that
there would be constraints on future development if the zoning was not
determined. If different zonings were approved, the southern portion of the
plat may need to be reconfigured.
Mr. Struble was not
worried about that issue and said they were willing to take the risk.
ACTION
TAKEN ON ITEM 6A
Motioned by Commissioner Lawson, seconded by
Commissioner Moore, to approve the rezoning request for 6.99 acres from UR
(Urban Reserve) to RM12 (Multi-dwelling Residential) District and forwarding it
to the
Unanimously approved 7-0.
ACTION
TAKEN ON ITEM 6B
Motioned by Commissioner Lawson, seconded by
Commissioner Moore, to approve the rezoning request for 20.92 acres from UR
(Urban Reserve) to RM15 (Multi-dwelling Residential) District and forwarding it
to the
Unanimously approved 7-0.
ACTION
TAKEN ON ITEM 6C
Commissioner Moore said he would not
vote to deny the item.
Commissioner Eichhorn asked how they
would change the code to allow this type of development without it being a
strip.
Commissioner Lawson felt that 930,000
square feet was an issue. He respected the concerns regarding the developer
costs.
Commissioner Eichhorn said if support
could be found that it was not necessarily a bad place to put it and suggested
that perhaps H2020 should be changed to permit this.
Commissioner Carter said the market has
to take care of itself.
Commissioner Eichhorn said that they need to use
findings of fact to support their recommendation.
Commissioner Finkeldei was trying to
understand how Horizon 2020 and the Development Code work together. He said
that commercial could be supported there but that it did not comply with
Horizon 2020.
Commissioner Eichhorn inquired about limitations
in CO.
Commissioner Moore did not understand why it was
okay to overbuild office.
Mr. Struble said they would not be opposed to CO
across the whole front of the project.
Commissioner Finkeldei asked what was
the reason for recommendation of denial of the CO.
Mr. McCullough said that CO allows many retail
uses by right and the development is arranged in a strip pattern. Staff
recommendation was to reduce that.
Commissioner Finkeldei said that CO is
certainly more limiting than CN2, but still allows commercial uses. He asked if
having CO across the whole area would change staff recommendation.
Mr. McCullough said that would not change staff
recommendation.
Commissioner Finkeldei agreed that CN2
does not comply with Horizon 2020 and said that the CO district does not have
nodal requirements. He was inclined to support CO across the whole area but not
CN2.
Commissioner Moore inquired about how
this development complies.
Commissioner Carter asked if the lesser
change table would allow approval of CO.
Mr. McCullough replied, no.
Mr. John Miller stated that the lesser change
table did not include CO. The applicant would have to reapply for CO. The
Planning Commission can make a recommendation of approval for CN2.
Mr. Struble asked for deferral of the two CN2
commercial parcels but to move ahead with the Preliminary Plat.
Mr. McCullough said that there would be a lot of
‘what ifs’ in doing that.
Mr. Struble asked if there was a way for them not
to bring in a final plat for those phases without the rezoning.
Mr. McCullough said that staff could work with
that if the Commission desires and recommended that a note be added to the plat
that requires zoning to be approved before the final plat can be submitted.
Motioned by Commissioner Finkeldei, seconded by
Commissioner Carter, to indefinitely defer the
rezoning of approximately 7.23 acres from UR (Urban Reserve) to CN2
(Neighborhood Shopping Center). 2.6 acres located in the NE corner of 6th
St & Stoneridge and 4.55 acres located in the NW corner of 6th
St & Queens Rd.
Unanimously deferred 7-0.
ACTION
TAKEN ON ITEM 6D
Motioned by Commissioner
Finkeldei, seconded by Commissioner Chaney, to approve the rezoning request for
5.669 acres from
Unanimously approved 7-0.
ACTION
TAKEN ON ITEM 6E
Motioned by Commissioner
Finkeldei, seconded by Commissioner Carter, to approve the Preliminary
Plat and forward to City Commission with the following revised conditions of
approval:
1.
Provision of a
note on the preliminary plat to acknowledge that the applicant/property owner
would be required to execute several agreements at the final plat stage for
recording with the final plat, including:
a.
an agreement not
to protest the formation of a benefit district for signalization and geometric
intersection improvements at
b.
an agreement not
to protest the formation of a benefit district for improvements to
c.
an agreement not
to protest the formation of a benefit district for geometric improvements to
2.
A note must be
placed on the plat stating that building permits for the multi-dwelling
development will be restricted to 35 if only one access point is provided and
restricted to 100 until 2 remote access points have been established, per the
Fire Code.
3.
A note must be
placed on the plat stating that the Utilities Department will be notified if
the access points are changed from that shown on the plat to allow coordination
with utility placement. The applicant must also notify the Public Works
Department regarding any change to the proposed access points.
4.
Private streets
are permitted only with planned developments. Any proposed streets on
5.
Provisions of
Financing of Roads, Sewer, Water and other Public Service Notes 1 and 2 must be
revised to remove any reference to ‘private’ streets.
6.
Minimum Elevation
of Building Openings (MEBO) must be noted for each lot which is adjacent to a
drainage easement.
7.
A note must be
placed on the plat stating that no building permits will be issued until
streets are installed, hydrants are in service and signs are in place.
8.
A concept plan
must be submitted which illustrates that the lot size and configuration will
permit compliance with the Commercial Design Standards.
9.
Dedicated turn
lanes must be shown on the plat, northbound right-turn lane at
10.
Notes must be
added to the ‘Provisions of Financing’ notes stating that ‘The northbound
right-turn lane on Stoneridge Drive at Kelly Drive will be constructed at the
developers expense or through benefit district financing’ and “If Queens Road
has been built prior to the construction of Kelly Drive, the developer is
responsible for the construction of the northbound left-turn lane on Queens Road
at Kelly Drive.” ‘
11.
Final Plat will
not be approved until the rezoning for individual lots has been approved,
excluding
Unanimously approved 7-0.
PC Minutes 4/21/08
MISCELLANEOUS NEW OR OLD BUSINESS
MISC A
Revision to the 2008 PC Mid-Month Calendar
MISC B
Extension
requests for the following two final plats:
PF-06-15-06
Mercato Addition 1st Plat, N of Hwy 40 & E of Hwy K-10
PF-03-04-07
Mercato Addition 2nd Plat;
Jane Eldredge was present
for questioning.
ACTION TAKEN
Motioned by Commissioner
Lawson, seconded by Commissioner Chaney, to approve a one-year extension for
both plats for Mercato. Mercato Addition First Plat (PF-06-15-06) would be
effective until April 17, 2009 and Mercato Addition Second Plat (PF-03-04-07)
would be effective until May 15, 2009.
Unanimously approved 7-0.
Consideration of any other business to come
before the Commission.
_____________________________________________________________________________
Recess at 9pm until 6:30 P.M. on April
23, 2008.
PC Minutes 4/23/08
_______________________________________________________________________
Reconvene April 23, 2008 – 6:30 p.m.
Commissioners present: Blaser, Carter, Chaney, Eichhorn, Finkeldei, and
Moore.
Staff present: McCullough, Stogsdill,
Leininger, J. Miller, Moore, Rexwinkle, Warner, and Brown
_______________________________________________________________________
BEGIN PUBLIC
HEARING (APRIL 23, 2008):
COMMUNICATIONS
·
No Communications
EX PARTE / ABSTENTIONS /
DEFERRAL REQUEST
·
No ex parte
·
No abstentions
PC Minutes 4/23/08
ITEM NO. 7 RM12D
TO RS7; .39 ACRES;
Z-02-06-08: A request to rezone a tract of land
approximately .39 acres, from RM12D (Multi-Dwelling Residential) to RS7
(Single-Dwelling Residential). The property is located at
STAFF PRESENTATION
Mr. Joe Rexwinkle
presented the item.
APPLICANT PRESENTATION
Eric Nelson, husband of
Sarah Hill-Nelson was present for questioning.
PUBLIC HEARING
No public comment.
ACTION TAKEN
Motioned by Commissioner
Moore, seconded by Commissioner Finkeldei, to approve the rezoning of approximately
.39 acres from RM12D (Multi-Dwelling Residential - Duplex) District to RS7 (Single-Dwelling Residential) District
and forwarding it to the City Commission with a recommendation for approval
based upon the findings of fact outlined in the staff report and subject to the
following condition:
1.
Approval and recordation of a minor subdivision at the Douglas County
Register of Deeds.
Unanimously
approved 6-0.
PC Minutes 4/23/08
ITEM NO. 8 TRANSPORTATION IMPROVEMENT PROGRAM
(DCM)
Receive and approve the FY 2008-2012
Transportation Improvement Program (TIP). The official 30 day public
comment period for the TIP began March 19th, 2008 and will end April
17th, 2008. The final FY 2008-2012 Transportation Improvement
Program (TIP) will come before the MPO Policy Board in April for final
approval. The TIP is a multi-year listing of federally funded and regionally
significant non-federally funded improvements to the
STAFF PRESENTATION
Ms. Davonna Moore
presented the item.
PUBLIC HEARING
No public comment.
COMMISSION DISCUSSION
Commissioner Moore asked
if there were funding issues due to the delay of the TIP.
Ms. Moore replied, no.
ACTION TAKEN
Motioned by Commissioner
Finkeldei, seconded by Commissioner Chaney,
acting in its role as MPO, approve the FY 2008-2012 Transportation Improvement
Program (TIP).
Unanimously
approved 6-0.
PC Minutes 4/23/08
ITEM NO. 9 RIDESHARE MEMORANDUM OF UNDERSTANDING
(DCM)
Receive the Rideshare
Memorandum of Understanding (MOU) with Mid-America Regional Council (MARC)
concerning the online rideshare matching program. The MOU outlines the
Lawrence-Douglas County MPO cooperative efforts with Lawrence Transit and MARC
regarding rideshare services.
STAFF PRESENTATION
Ms. Davonna Moore
presented the item.
Commissioner Eichhorn inquired
about the review period.
Cliff Galante, Transit
System, stated that the City and Mid American Regional Council with the MPO
jointly procured transit money. The review will involve the annual maintenance
fee for use of the service, which is split. He stated that they are trying to
get
Commissioner Finkeldei stated
that the funding is in the UPWP which the MPO approves every year.
Mr. Galante said that they
have about 2,000 people total that are registered for the Rideshare program,
400 of which are from
PUBLIC HEARING
No public comment.
ACTION TAKEN
Motioned by Commissioner
Carter, seconded by Commissioner Moore,
acting in its role as MPO, authorize the MPO Chair to sign a Memorandum of
Understanding between the MPO, City of Lawrence, and Mid-America Regional
Council concerning the continuation of the
rideshare matching program.
Unanimously
approved 6-0.
PC Minutes 4/23/08
ITEM NO. 10 METROPOLITAN PLANNING ORGANIZATION (DCM)
Receive the Metropolitan
Planning Organization (MPO) Redesignation Agreement. The Redesignation
Agreement begins the official process of MPO redesignation. The purpose of the
agreement is to form a new MPO Policy Board and establish MPO Board
composition.
STAFF PRESENTATION
Ms. Davonna Moore
presented the item.
Commissioner Eichhorn inquired
about compliance.
Ms. Moore stated that the
FHWA would like to see Planning Commission as a group chose an MPO member.
Commissioner Finkeldei
stated that this has gone thru TAC several times.
Mr. McCullough stated that
State and Federal representatives have emphasized the partnership aspect of change.
Commissioner Eichhorn
inquired about the timeframe to go to other bodies.
Mr. McCullough stated that
UPWP identified next quarter because there would be a transition period with
new staff and that the MPO redesignation would hopefully come by July or
August.
Commissioner Finkeldei stated
that County Commissioner Johnson asked for the redesignation to happen before
he leaves office in January.
Mr. McCullough said he did
not think that would be a problem.
NO ACTION TAKEN
PC Minutes 4/23/08
ITEM NO. 11 CPA-2007-2 (DDW)
CPA-2007-2: Consider amending
Horizon 2020 to ensure proper comprehensive plan language is in place for a
proposed Mixed Use District in the City of
ITEM
NO. 12 AMENDMENTS TO CHAPTER 20,
DEVELOPMENT CODE (JCR)
TA-04-05-07: Consider amendments to
Chapter 20, Development Code to create a Mixed Use Zoning District. Initiated
by the Planning Commission on April 23, 2007.
STAFF PRESENTATION
Mr. Dan Warner and Mr. Joe
Rexwinkle presented items 11 and 12 together.
PUBLIC HEARING ON ITEM 11
Mr. Bill Muggy, Jayhawk Bookstore,
thanked staff for their work and expressed support for the items.
PUBLIC HEARING ON ITEM 12
No public comment.
ACTION TAKEN ON ITEM 11
Motioned by Commissioner
Finkeldei, seconded by Commissioner Carter, to approve the comprehensive plan
amendment to Horizon 2020 by amending
Chapter 6 to add policy language in support of a mixed use district in the Land
Development Code and recommends forwarding this comprehensive plan amendment to
the Lawrence City Commission and the Douglas County Board of County
Commissioners with a recommendation for approval.
Unanimously
approved 6-0.
Motioned by Commissioner
Finkeldei, seconded by Commissioner Chaney, to approve and sign Planning Commission
Resolution 2007-04.
Unanimously
approved 6-0.
ACTION TAKEN ON ITEM 12
Motioned by Commissioner Finkeldei, seconded by
Commissioner Chaney, to approve TA-04-05-07,
to create a mixed use zoning district, as revised, to the City Commission for
approval.
(On
February 27, 2008, the Planning Commission voted 5-2 to defer the amendments to
Horizon 2020 and the Development Code
until April and directed staff to make three specific revisions to the draft
Development Code language.) The specific
changes requested were as follows:
1)
To revise Section
20-223(b)(1) as follows: “Within one-quarter mile of a Stop Route
2)
To revise Section
20-223(b)(3) to provide a cross-reference to the downtown boundaries as
described in Chapter 6 of Horizon 2020;
and
3)
To revise Section
20-403 to require a Special Use Permit for Brewpub uses in the MU District;
Unanimously
approved 6-0.
PC Minutes 4/23/08
ITEM NO. 13 CPA-2007-6 (MJL)
CPA-2007-6: Amend Horizon 2020 by creating Chapter 15 – Place
Making to ensure proper comprehensive plan language is in place for the
proposed Lawrence SmartCode in the City of
ITEM NO. 14 CPA-2007-7 (DDW)
CPA-2007-7: Amend Horizon 2020, Chapter 14 Specific Plans, to
add a reference to the Lawrence SmartCode Infill Plan.
ITEM
NO. 15 ADOPTION OF THE
ADOPTION OF
THE
TA-11-24-07: Pursuant to the provisions of K.S.A.
Chapter 12, Article 7, consider making a recommendation on the adoption of
“Lawrence SmartCode” enacting a new Chapter 21 of the Code of the City of
Lawrence, Kansas, establishing comprehensive zoning regulations and other land
use regulations. The “Lawrence SmartCode” is an optional development code that
is parallel to the City’s existing zoning and subdivision regulations and
affects all property within the corporate limits of the City of Lawrence,
Kansas. Copies of the “Lawrence SmartCode” are available for review at the
Office of the Lawrence-Douglas County Planning Department, City Hall,
STAFF PRESENTATION
Mr. Dan Warner and Ms.
Michelle Leininger presented items 13, 14, and 15 together.
Commissioner Finkeldei inquired
about the makeup of CRC and was concerned about having only two members of
Planning Commission on it.
Mr. Warner said that Planning
Commission ultimately approves plats, but as a subcommittee they could handle
the plat efforts within the SmartCode.
Commissioner Eichhorn was
concerned about open meeting issues.
Commissioner Moore asked
if the two Planning Commission members would be on a committee with other
members and the committee as a whole would make a decision.
Mr. Warner replied that
was correct.
PUBLIC HEARING ON ITEMS 13, 14, & 15
Ms. Bobbie Flory, Lawrence Homebuilders
Association, supported the retention of the CRC for the SmartCode. She said the
administrative approval process was an incentive and if it is removed then it
will not matter. When the administrative process is removed it leaves the
developer with concerns and that the appeal of the SmartCode are the rules.
Ms. Gwen Klingenberg, Lawrence Association of
Neighborhoods, liked the new draft and supported the CRC being taken out. She
was concerned about public right of ways and preserving natural resources.
Ms. Beth Johnson, Chamber of Commerce, was
in support of the SmartCode being parallel with the Code.
COMMISSION DISUCSSION
Commissioner Finkeldei did
not like the idea of having two Planning Commissioner members on CRC. He felt
the committee should be all staff. He felt that by putting two Planning Commission
members on the committee that it would put too much power on people who are
appointed.
Commissioner Eichhorn said
he did not think that they need another advisory board to allow the process to
go through. He did not feel that CRC was the way to go and did not think it was
necessary for Planning Commission members to serve on a board.
Commissioner Carter agreed
with Commissioner Eichhorn.
Mr. McCullough said that
there was value in Planning Commissioners reviewing plats and that staff
recommend Planning Commission members serve on the committee because they are
the appointed lay people that represent the community.
Commissioner Blaser said
he did not see the need in having two Planning Commission members on CRC.
Mr.
Commissioner Finkeldei
said that he would be in favor of having four Planning Commissioners serve on
the CRC board, instead of just two, because he felt it was too much power for
two members.
Mr. McCullough reminded
them that CRC has voting members but also designees of City departments. It
would be the committee as a whole, not just the two Planning Commission members
making the decision. He said the preference was to have Planning Commission
members on the CRC but that staff can explore options.
NO ACTION TAKEN ON ITEMS 13, 14, & 15
PC Minutes 4/23/08
ITEM NO. 16 COMPREHENSIVE PLAN ANNUAL REVIEW (MJL)
Receive the comprehensive plan annual review.
STAFF PRESENTATION
Ms. Michelle Leininger presented the item.
PUBLIC
HEARING
No public comment.
ACTION TAKEN
Motioned
by Commissioner Finkeldei, seconded by Commissioner Eichhorn, to initiate Comprehensive
Plan Amendments for future public hearings to address the identified updates
section of the staff report.
Unanimously approved 6-0.
PC Minutes 4/23/08
MISCELLANEOUS NEW OR OLD BUSINESS
MISC NO. 1 Status Update
on K-10 & Farmers Turnpike Plan (MJL)
Update on K-10 &
Farmers Turnpike Plan.
STAFF
PRESENTATION
Ms. Michelle Leininger gave
an update on the K-10 & Farmers Turnpike Plan. She stated the draft would
be released in early May and that there would be a public meeting on May 15th,
and be heard at Planning Commission in June.
MISC NO. 2 Update on CPA-2004-02 (AAM)
Receive memo from Staff regarding status of
Comprehensive Plan Amendment for Horizon 2020, Chapter 7: Industrial and Employment Related Land Use.
STAFF
PRESENTATION
Mr. Scott McCullough presented the item.
Commissioner Moore said it has been a
struggle on the industrial committee. He said it was hard to define prime
agricultural farmland but that this is the industrial chapter, not the prime
agricultural farmland chapter.
Commissioner Eichhorn understood the
necessity of having an objective, so that someone cannot come forward and
cherry pick certain things. He felt that by taking it out of the chapter
someone might come in and say that their project meets all the criteria, but
those spots should be removed from consideration so it excludes the site
completely.
Commissioner Finkeldei said that maybe they
should be working on something in Chapter 9 of H2020 that talks about
preservation of open space. He felt that putting it just in the industrial
chapter and not the commercial chapter seems out of step. Somewhere in H2020
there should be a goal to preserve prime farmland as a community, but probably
not in the industrial chapter so that it can apply to commercial, housing, etc.
Commissioner Moore said that it was not a
goal when it is just put it in the industrial chapter.
Mr. McCullough suggested adding it to
Chapter 1 for the overall goal.
PUBLIC
HEARING
Mr. Charles NovoGradac, owns Chestnut Orchard, urged
the Commissioners to not to let the issue of prime farmland drop.
Commissioner Eichhorn said that the issue
would not be buried because it is extremely important.
ADJOURN 9:22pm