PLANNING COMMISSION MEETING
March 24 & 26, 2008
Meeting Minutes
______________________________________________________________________
March 24, 2008 – 6:30
p.m.
Commissioners
present: Blaser, Eichhorn, Finkeldei,
Harris, Hird,
Staff present:
McCullough, Stogsdill, Day, J. Miller, M. Miller, Patterson, Rexwinkle, and
Brown
______________________________________________________________________
COMMITTEE REPORTS
Commissioner
Harris stated that Planning Commissioner Orientation Committee met and set an
orientation for June.
Commissioner
Moore said that the Industrial Committee met and reports will be received
during the Wednesday night Planning Commission meeting.
Commissioner
Eichhorn said that RZO needs to schedule meetings.
COMMUNICATIONS
Mr.
EX PARTE /
ABSTENTIONS / DEFERRAL REQUEST
· No ex parte.
· Abstentions:
Commissioner Finkeldei abstained from Item 7. Commissioner Jennings abstained from Item 4.
PC Minutes 3/24/08
ITEM NO. 1 FINAL DEVELOPMENT PLAN FOR THE OREAD;
618 W 12TH (SLD)
FDP-10-16-07: Final Development Plan
for The Oread, located at
Item 1 deferred prior to the meeting.
PC Minutes 3/24/08
ITEM
NO. 2
FDP-12-20-07: Revised Final
Development Plan for the relocation of the postal center for
STAFF
PRESENTATION
Ms. Mary Miller presented the item.
APPLICANT
PRESENTATION
Mr. Grant Lechtenberg, President of the
Briarwood Community Association, was present for questioning.
PUBLIC
HEARING
No public comment.
ACTION TAKEN
Motioned by Commissioner Jennings, seconded
by Commissioner Finkeldei, to approve the
requested variance from the minimum amount of common open space provided to
allow the development to provide 3.5% of common open space subject to the
following condition:
1. That lot 22, Block One of the Briarwood Development
may not be withdrawn from the development in the future and that no further
reductions in open space will be permitted.
Unanimously
approved 8-0.
Motioned by Commissioner Jennings, seconded by Commissioner Finkeldei,
to approve the revised Final Development Plan subject to the following
conditions:
1.
Provision of a
revised Final Development Plan to include the following note on the face of the
plan:
“
2. Execution of a site plan
performance agreement.
Unanimously approved 8-0.
PC Minutes 3/24/08
ITEM NO. 3 CAPITAL IMPROVEMENT PROGRAM (CIP)
Receive suggestions and/or proposals for
projects to be included in the 2009-2014 Capital Improvement Plan (CIP) for the
City of
STAFF
PRESENTATION
Ms. Sheila Stogsdill presented the item. She
referenced the memo from Casey Toomay, City Budget Manager. The CIP will be
used in building the budget.
PUBLIC
HEARING
No public comment.
NO ACTION
TAKEN
PC Minutes 3/24/08
ITEM NO. 4A RS7 TO RS7-PD; 9.27 ACRES; 1301
Z-02-05-08: A request to rezone approximately 9.27 acres from
RS7 (Single-Dwelling Residential) to RS7-PD (Single-Dwelling Residential
Planned Development Overlay). The property is located along the west side of
ITEM NO. 4B
PDP-02-02-08: Preliminary Development Plan for
STAFF
PRESENTATION
Mr. Paul Patterson presented items 4A &
4B together.
Mr. Matt Bond, City Stormwater Engineer,
showed a map of the existing topography. He explained natural flow and proposed
system. He said that the biggest change would be the flow of water. He stated
that basins will hold water for 12-24 hours after rain.
Commissioner Harris asked if the entire property
drains to the park.
Bond stated that all except a little piece on
Commissioner Harris asked Mr. Bond if he
has read the concerns of the neighbors and if he thought this would help.
Mr. Bond said yes he read the concerns and
this will help with the concerns.
(A gentleman from the audience who did not
state his name), Chair of Parks and Recreation Advisory Board, stated that having
the park used by the public would be good. He would like more details about how
the land will be developed.
APPLICANT
PRESENTATION
Mr. Allen Belot, agreed with Mr.
Patterson’s presentation. He felt this was a good infill development. He tried
to use the existing topography so as not to do a lot of excavation and by putting
the garages in the back would be using the natural elevation. He stated that
the alleys are not at the same level so connecting is not practical. He objected
to ‘walling off’ the development from the neighborhood. He did not have a
problem with preserving the historic weigh station. His only concern was
erosion that has built up dirt around the slab.
Commissioner Lawson asked Mr. Belot to walk
the Commission through the entrance and exist of the project with respect to
Mr. Belot said he met with KDOT and they
approved this plan contingent upon
Commissioner Lawson asked the applicant if
they had considered a lower density, especially along the north edge.
Mr. Belot said they did not.
Commissioner Lawson asked if the entrance
onto
Mr. Belot replied, yes.
Commissioner Lawson inquired about the
square footage of the houses.
Mr. Belot said the houses would be around
1800 square feet.
Commissioner Lawson inquired about a fence.
Mr. Belot said it was a requirement that
the PDP must be walled off and that the home owners association would maintain
it.
Commissioner Lawson inquired about the
weigh station.
Mr. Belot said the building would be
preserved and become part of the park.
Commissioner Harris inquired about Mr.
Belot’s interaction with the public.
Mr. Belot said he has been working on the
project for two years and have met with quite a few people in the past year. He
said this project has not been a secret and that it has pretty much been the
same plan for the past few years.
Commissioner Harris asked if
Mr. Belot replied, yes.
Commissioner Harris asked if
Mr. Belot said there was not enough right-of-way
for that.
PUBLIC
HEARING
Mr. Bob Lichtwardt was concerned about the valid
covenant signed by all property owners. They do not agree with Staffs
interpretation that an alley can substitute as a street. He recapped his letter
that he submitted as correspondence. He was concerned that there are things
about the plan that violate the covenant. He would like for all lot and
structures to conform to the Rockledge Addition covenant and that the covenant
be put on all plats. He said that if the plan was accepted with the covenant
being violated it would jeopardize the neighborhood for future development.
Commissioner Hird stated that the
neighborhood had the right to enforce the covenant.
Mr. Lichtwardt said that going to court
would not be desirable.
Ms. Betty Lichtwardt, League of Women Voters,
referenced the letter they sent. She felt the waivers would set precedence.
Mr. Bill K. ?? (did not sign in), neighbor, spoke about
section 20-701j. which requires buffering to protect neighborhoods from less
desirable ones. He was opposed to the project.
Lee Eldridge, lives on
Mr. Paul Kitos, resident of
Gweneth Kitos, was concerned about
drainage.
Ms. Betty Lichtwardt,
Commissioner Finkeldei asked Ms. Lichtwardt
what she thought about closing off
Ms. Lichtwardt said that all the neighbors agree
with that.
Ursela ?? (did not sign in), area neighbor, was
concerned about where drivers would turn around if
Commissioner Harris asked Staff if the hammerhead
would be installed by KDOT.
Mr. Patterson replied, yes, the alley to
the North goes up and it would need to be worked out the dimensions for the
hammerhead.
Ms. Susan B. (did not sign in),
Mr. Steve Heilman, was concerned about
drainage.
Ms. Jeannie Pees, President of Sunset
Hills Neighborhood Association, said there was a need to have more open
dialogue between the developer, Planning Department, neighborhood, and
stormwater engineer.
Mr. Mike Goans, representing Lawrence
Preservation Alliance, desired to see the weigh house be preserved. He encouraged
to have the structure included in the park and covered by the Parks and Recreation
Department.
Mr. Joe Mehl, lives on
Ms. Kylee Manahan,
APPLICANT
CLOSING COMMENTS
Mr. Belot said he served on the Board of
Zoning Appeals and he did not think that the variance did not set a precedence.
He stated that the project met the zoning requirements and that the public alley
is meeting all the public requirements. He did not have any objection with
screening and buffering.
Commissioner Harris inquired about the
setback waivers.
Mr. Belot said that if this was not an infill
development he would not ask for the waivers.
COMMISSION
DISCUSSION
The Commission discussed the concerns
brought up by the public.
Commissioner Finkeldei asked Mr. Bond to
respond to some of the public comments.
Mr. Bond showed runoff patters and contours
on a map.
ACTION TAKEN
ON ITEM 4A
Motioned by Commissioner
Finkeldei, seconded by Commissioner Moore, to approve the proposed rezoning of approximately 9.27 acres from
RS7 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential)
with a Planned Development District Overlay and forwarding to the City
Commission a recommendation for approval based on the findings of fact as found
in the body of the staff report.
Motion
carried 7-0-1, with Commissioner Jennings abstaining.
ACTION TAKEN
ON ITEM 4B
Motioned by Commissioner
Finkeldei, seconded by Commissioner Moore, move to approve the following
waivers for University Park Preliminary Development Plan with a change to B
(20’ to 25’):
A. Waiver from the minimum lot size for RS7 lots from
7,000 square feet to a range of 4,441 to 10,266 square feet with the average
lot size of 5,862 square feet.
B. Waiver from the required front yard setback from 20’
to 25’.
C. Waiver from the required Common Open Space of 20%
(1.77 acres/8.86 acres) to 1.6% (0.14 acres/8.86 acres), after the dedication
of approximately 1.61 acres of park land to the City (1.61 acres/8.86 acres =
18.2%).
D.
Waiver from the
required 60’ peripheral boundary between a Planned Development and abutting
properties:
1.)
Setbacks vary
(from proposed 10’, 15’, 20’ and location of three existing houses along
2.)
Minimum PDP lot sizes along periphery
boundaries vary from 5,120 square feet to 8,183 square feet with the average
lot size of 6,073 square feet. Abutting properties range in size from 7,950 to
12,617 square feet.
Commissioner Harris said
she would vote against this and would like to defer it for one month.
Motion
carried 4-3-1, with Commissioner Eichhorn, Finkeldei, Hird, and Moore voting in
favor. Commissioners Blaser, Harris, and Lawson voted in opposition.
Commissioner Jennings abstained.
Motioned
by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the University Park Preliminary Development
Plan based upon the findings of fact presented in the body of the Staff Report
and forwarding the PDP to the City Commission for approval, subject to the
following conditions (This recommendation includes the Planning Commission’s
approval of the preliminary plat and the City Commission’s acceptance of the
dedication of rights-of-way and easements).
1.
The approved uses for the University Park PD are detached single-family
dwellings, common open space, and additional land dedicated to the City’s
2.
As required by subdivision regulations, street and sidewalks connection
of
3.
Agreement Not to Protest the Formation of a Future Benefit District for
geometric and infrastructure improvements to Iowa Street (street widening,
sidewalks, and turning lanes) must be executed by the applicant and provided to
the Planning Office prior to recording of the Final Development Plan.
4.
Provision of a
revised Preliminary Development Plan with the following changes:
a.
The dead-end north-south alley shall be connected to the east-west
alley with turning radii to the approval of the City Engineer, unless waived by
City Engineer due to slop changes.
b.
Modify General Note No. 10, update the referenced tract/block numbers,
and include the dedication of Tract B4 to the City for additional park land to
c.
List the waivers, as approved by the City Commission, within the
‘Waivers Block’ on both the Preliminary Development Plan and Final Development
Plan.
d.
Provide traffic calming on
e.
Update Additional Condition Note No. 1 to reflect current code section.
f.
Relocation of the residential Lot 12, Block 4 (containing the existing
Quarry Weigh Station stone building) to the northwest area of Tract B-4, and
dedication of the lot containing the Quarry Weigh Station to the City as park
land, and relocation of lots containing waivers.
g.
Update the referenced tracts on the site summary to correspond with the
development plan graphics.
h.
Modify ‘Additional Condition Note No. 5’ to agree with the graphic note
referencing the signage and fencing for the preservation of the wooded areas.
i.
Provide curb and gutter on the west side of
j.
Per Section 20-701(j)(2), at a minimum, screening with a 6’ high fence
be applied to the northern property boundary of the PDP and the west property
boundaries of Block Two, Lot 3 and Block Three, Lot 3 and the property to the
south of Quarry Lane.
k.
Per Section 20-1304(iii)(u) provide at least one north-south and one
east-west elevation across the site to show typical site layout and grade.
l.
Per Section 20-1304(iii)(v) show the required landscape plan in
conformance with Section 20-1001(d).
m.
Provide the standard note that the City will not be responsible for any
damage due to trash trucks for the private streets and alleys.
n.
Per Section 20-1304(d)(3)(s), provide the following note, “We hereby
dedicate to the City of Lawrence, the right to regulate any construction over
the area designated as common open space, open air recreation area, and
non-encroachable area and to prohibit any construction within said areas and
spaces inconsistent with the approved use or enjoyment of residents, lessees
and owner of the planned development.”
o.
Per Section 20-812(a)(5)(ii), provide the Minimum Elevation for a
Building foundation Opening (MEBO’s) for lots adjacent to all drainage
easements and drainageways.
p.
Per Sections 20-812(a)(3)(i) and 20-1304(d)(3)(g), provide grades of
the proposed streets.
5.
Submittal and approval of public improvement plans to Public Works
Department and Utilities Department prior to the submittal of the Final
Development Plan.
Motion
failed 3-4-1, with Commissioners Eichhorn, Finkeldei, and Moore voting in
favor. Commissioners Blaser, Harris, Hird, and Lawson voted in opposition.
Commissioner Jennings abstained.
Motioned by Commissioner
Harris, seconded by Commissioner Hird, to defer the Preliminary Development
Plan for one month to allow staff, developer, stormwater engineer, and
neighborhood to meet and discuss issues (stormwater issues, covenant issues,
road being close to house, definition of alley versus street, resolve
hammerhead/turnaround issue)
Motion
carried, 5-2-1, with Commissioners Finkeldei and Moore voting in opposition.
Commissioner Jennings abstained.
PC
Minutes 3/24/08
ITEM NO. 5
PDP-01-01-08: Preliminary
Development Plan for Pine Ridge Plaza Addition Lot 1B, located at 3235 Ousdahl.
The plan proposes the construction of a 37,550 sq. ft. commercial office/warehouse
building on approximately 3.099 acres. Submitted by Grob Engineering, for
Western Extralite Company/Fraternal Investors, LLC, property owner of record.
STAFF
PRESENTATION
Ms. Sandra Day presented the item.
APPLICANT
PRESENTATION
Dean Grob, Grob Engineering Services,
agreed with the staff report and were still discussing the truck traffic.
Commission Lawson inquired about the
purpose of separating the traffic in the parking area.
Mr. Grob said they receive semi trailer
deliveries so circular turning would be difficult.
PUBLIC
HEARING
No public comment.
ACTION TAKEN
Motioned by Commissioner
Finkeldei, seconded by Commissioner Harris, to approve the Preliminary
Development Plan based upon the findings of fact presented in the body of the
Staff Report and forwarding it to the City Commission with a recommendation for
approval subject to the following conditions:
6.
Approval of the following waivers and reductions:
a.
Yard reductions along the west side to 12 feet rear yard setback;
b.
Yard reductions along the east side to 15 feet front/peripheral yard
setback;
c.
Yard reductions along the south side to 15’ peripheral yard setback for
the parking lot;
d.
Off-street parking from 131 spaces to 90 spaces.
Unanimously
approved 7-0. (Commissioner Hird left the meeting prior to the vote)
PC
Minutes 3/24/08
ITEM NO. 6A RS7 TO GPI; 9.03 ACRES; 2145 & 2201
Z-01-03-08: A request to rezone a
tract of land approximately 9.03 acres, from RS-7 (Single-Dwelling Residential)
to GPI (General Public and Institutional). The property is located at 2145
& 2201
ITEM NO. 6B RS7 TO GPI; 4.09 ACRES;
Z-01-04-08: A request to rezone a tract
of land approximately 4.09 acres, from RS-7 (Single-Dwelling Residential) to
GPI (General Public and Institutional). The property is located at
STAFF
PRESENTATION
Ms. Mary Miller presented items 6A & 6B
together.
Commissioner Harris asked if staff
recommended approval rather than deferral.
Ms. Miller said yes, all the school
properties are zoned GPI but that staff does not have an objection to deferring
it.
Commissioner Eichhorn asked if the Text Amendment
would take care of all the school districts at once.
Ms. Miller said that was correct.
Commissioner Jennings inquired why the
zonings were not included initially.
Ms. Miller said they might have been overlooked
since the schools were not being used at the time.
APPLICANT
PRESENTATION
Mr. Tom Bracciano, Division Coordinator for
USD 497, discovered the land was zoned residential when a neighbor brought it
to their attention. He said they would like to have all the school district
property zoned GPI. He also said that money could not be made off of the
property so it would not be commercial. He said they have no purpose in using
the property in any other capacity than educational purposes.
Commissioner Harris inquired how much time it
would take for a Text Amendment for GPI district.
Ms. Miller said that a Text Amendment could
come back to them for the May Planning Commission.
PUBLIC
HEARING
Ms. Karen Shore,
Commissioner Eichhorn stated that the
school district could not use the church property without permission.
Ms. Marsha Hopkins was concerned about the
property being used for other purposes.
Commissioner Eichhorn stated that the
current RS7 zoning would allow for residential development.
Mr. Michael Almon, Brook Creek Neighborhood
Assoc, had no problem with the school district using their property. He gave
the history of the property. He said that at one point it was talked about
making that property as a distribution center and have trucks coming and going.
He stated that the school district can sell the property. He asked that the
item be deferred. He said that that block had been zoned multi family residential
and had been rezoned to RS7. He did not that land to become multi-family homes.
He also stated that he was not opposed to mobile classrooms, but was opposed to
mobile houses.
Commissioner Eichhorn stated that the
Planning Commission did not want any of those uses in the GPI district either.
ACTION TAKEN
ON ITEM 6A
Motioned
by Commissioner Moore, seconded by Commissioner Blaser, to approve the rezoning
request [Z-01-03-08] for approximately 9.03 acres from RS7 (Single-dwelling
Residential) District to GPI (General Public and Institutional Use) District
and forwarding it to the
Commissioner
Harris said she would be voting in favor but understood the concerns of the
Brook Creek Neighborhood.
Unanimously approved 7-0 approved.
ACTION TAKEN
ON ITEM 6B
Motioned
by Commissioner Moore, seconded by Commissioner Blaser, to approve the rezoning
request [Z-01-04-08] for approximately 4.09 acres from RS7 (Single-dwelling
Residential) District to GPI (General Public and Institutional Use) District
and forwarding it to the
Unanimously approved 7-0 approved.
PC Minutes 3/24/08
ITEM NO. 7 SPECIAL USE PERMT FOR
SUP-01-01-08: Special
Use Permit for a Day Care Center at First Step Facility, located at
STAFF
PRESENTATION
Mr.
APPLICANT
PRESENTATION
George Heckman, DCCCA, was present for
questions.
Commissioner Harris asked if there was a
time limit on the permit.
Mr. Rexwinkle said no, historically time
limits have not been put on day care facilities.
Commissioner Lawson asked if the mothers
were residents.
Mr. Heckman said that was correct. Some of
the resident women work during the day and need childcare.
Commissioner Eichhorn asked if one of the
conditions was that the children be residents.
Mr. Heckman said they do not accept outside
children at the daycare facility.
PUBLIC
HEARING
No public comment
ACTION TAKEN
Motioned by
Commissioner Finkeldei, seconded by Commissioner Harris, to approve SUP-01-01-08, a
Special Use Permit for a day care center at First Step Facility located at
1.
Issuance of a Floodplain Development Permit;
2.
Execution of a Site Plan Performance Agreement;
3.
Publication of an ordinance per Section 20-1306(j);
4.
Provision of a copy of the Health Department license prior to operation
to be included in the record file of this application;
5.
Provision of a revised Site Plan to show the following:
a.
A general note which states “The Day Care Center is operated by DCCCA,
Inc. The special use permit shall be subject to administrative review if a
different operator is proposed.”
b.
A general note which states “The Day Care Center shall serve only the
dependent children of women residing onsite.
The special use permit shall be subject to administrative review if the
center begins providing care to children who reside offsite.”
Unanimously approved 7-0.
PC Minutes 3/24/08
ITEM NO. 8 SPECIAL USE PERMT FOR 345
SUP-01-02-08: Special
Use Permit for
STAFF
PRESENTATION
Ms.
APPLICANT
PRESENTATION
Mr. Kevin Voight, Peridian Group, agreed
with staff recommendations.
PUBLIC
HEARING
No public comment.
ACTION TAKEN
Motioned by Commissioner Harris, seconded by Commissioner Blaser, to
approve SUP-01-02-08, a Special Use Permit for a day care center located at
6.
Execution of a Site Plan Performance Agreement.
7.
Publication of an ordinance per Section 20-1306 (j).
8.
Provision of a copy of the Health Department license prior to operation
to be included in the record file of this application.
Motion carried
PC Minutes 3/24/08
ITEM NO. 9A CS TO IG; .45 ACRES; 1300 BLOCK OF
Z-01-01-08: A request to rezone a
tract of land approximately .45 acres from CS (Strip Commercial) to IG (General
Industrial). The property is located in the 1300 block of
ITEM NO. 9B RS-10 TO IG; .54 ACRES; 1321 & 1323 N
3RD ST (JCR)
Z-01-02-08:
A request to rezone a tract of land approximately .54 acres from RS-10
(Single-Dwelling Residential) to IG (General Industrial). The property is
located at 1321 & 1323 N 3rd Street. Submitted by Grob
Engineering Services, for JGM Properties LLC, property owner of record.
STAFF
PRESENTATION
Mr. Joseph Rexwinkle presented items 9A
& 9B together.
APPLICANT
PRESENTATION
Mr. Dean Grob, Grob Engineering Services,
was present for questioning.
Commissioner Blaser inquired about the
required buffering.
Mr. Rexwinkle said that would be discussed
with the SUP.
Commissioner Harris felt that the rezoning
made good sense but was concerned about taking out commercial and adding
industrial.
Mr. Rexwinkle said that the properties were
small parcels and would probably not lend themselves to commercial projects.
Mr. Grob said the narrow strip of land that
was zoned CS was not good for anything.
Commissioner Eichhorn asked how many acres
BC&R was.
Mr. Grob said 66,000 square feet.
Commissioner Jennings said that BC&R
was a good long term business in the community and has not asked for special
favors from the city.
PUBLIC
HEARING
No public comment.
ACTION TAKEN
ON ITEM 9A
Motioned by Commissioner
Jennings, seconded by Commissioner Eichhorn, to approve the rezoning of
approximately .45 acres from CS (Commercial
Strip) District
to IG (General Industrial) 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 final plat at the Douglas County Register
of Deeds.
Unanimously
approved 7-0.
ACTION TAKEN
ON ITEM 9B
Motioned by Commissioner
Jennings, seconded by Commissioner Blaser, to approve the rezoning of approximately
.54 acres from RS10 (Single-Dwelling
Residential) District to IG (General Industrial) 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 final plat at the Douglas County Register
of Deeds.
Unanimously
approved 7-0.
PC
Minutes 3/24/08
MISCELLANEOUS NEW OR OLD BUSINESS
MISC NO. 3 Initiate rezoning for Bauer Brook
Estates
Consider initiation of rezoning of
approximately 140 acres in Bauer Brook Estates from A-1 to RS-40 for public
hearing at future meeting.
Motioned by
Commissioner Finkeldei, seconded by Commissioner Moore, to initiate the
rezoning of approximately 140 acres located west of Folks Road, along both
sides of Bauer Brook Court, from A-1 (Suburban Home Residential) to RS40
(Single-Dwelling Residential District) for consideration at a future Planning
Commission meeting.
Unanimously
approved 7-0.
MISC NO. 4 Initiate TA to GPI District
Initiate a text amendment to the GPI District permitted use table
Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to
initiate the proposed amendments to the
above-described sections of the Land Development Code for consideration at a
future public hearing.
Unanimously
approved 7-0.
Consideration of any other business to come before the Commission.
_____________________________________________________________________________
Recess at 11:06pm until 6:30 P.M. on March 26, 2008.
PC Minutes 3/26/08
_______________________________________________________________________
Reconvene March 26, 2008 – 6:30 p.m.
Commissioners present: Chaney, Eichhorn, Finkeldei, Harris, Hird,
Staff present: McCullough, Stogsdill, Day, Leininger,
A. Miller, Moore, and Brown
_______________________________________________________________________
BEGIN PUBLIC HEARING
(MARCH 26, 2008):
COMMUNICATIONS
·
No Communications
EX PARTE / ABSTENTIONS /
DEFERRAL REQUEST
·
No ex parte
·
No abstentions
PC
Minutes 3/26/08
ITEM NO. 10 TRANSPORTATION
2030 (DCM)
Receive
the Final Draft of Transportation 2030 (T2030) for final approval. T2030
has undergone its mandatory 30 day comment period and is prepared for final
approval. T2030 is the updated version of T2025 and will serve as
the long-range transportation plan for the City of
STAFF
PRESENTATION
Mr. Jim Tobaben, Planning
& Engineering Manger for Parson’s Brinkerhoff Americas, presented the
highlights of the draft T2030 plan. He noted the minor changes to the draft T2030.
Commissioner Finkeldei thanked Mr. Tobaben and Commissioner
Harris for all their work on T2030.
PUBLIC
HEARING
Ms. Jane Eldredge, Barber Emerson, wanted
the designation of ‘beyond T2030’ taken off the Future Land Use Scenario Map. She
wanted planning documents to be consistent. She requested that either the
wording ‘beyond T2030’ be removed or the map be removed.
Mr. Alan Black, League of Women Voters, heard that some
members of City Commission want to terminate the Transit system. He asked if
the MPO could do anything about the transit system being ended.
Commissioner Finkeldei stated that the MPO can ask
for more money from the State but cannot delegate funds to it.
Mr. McCullough stated that because the long range
transportation plan is related to federal dollars, if the City were to reduce a
program such as transit the MPO would have to go through the public process of
revising the transportation plan.
Ms. Gwen Klingenberg, thought that removing the
label from the T2030 map that Ms. Eldredge spoke about would tell ECO2 that
their work is worthless. She felt it was important to leave the label on the
map.
Mr. Michael Almon, Kansas Sustainability
Network/Peak Oil Action Committee, was disappointed that his comments were not
included in the final draft of T2030. He said the issue of peak oil is an over
arching issue and effect all the elements of the plan.
Commissioner Eichhorn stated that Mr. Almon’s
letter was on the table as they went through T2030 and some of his suggestions
were incorporated into the T2030, but maybe not worded exactly the way Mr.
Almon would have wanted. He stated that they tried to address density issues.
Ms. Dawn Hawkins was upset about a roadway being considered
through the wetlands (SLT). She felt it was a precious resource that cannot be
ruined.
Mr. Tobaben said that he did reach
out to many stakeholders and
ACTION TAKEN
Motioned by Commissioner Finkeldei, seconded by
Commissioner Moore, to approve the final copy of T2030, including the changes
received today and Commissioner Harris’ suggestion to change map 5.1 to travel
land map, and also change the title of the map.
Commissioner
Harris stated she would not support the motion and did not support the
recommendation to put a highway through the wetlands because there are plans to
make K-10 6 lanes which might require the SLT to be expanded to 6 lanes as
well, among other reasons.
Motion carried 7-1, with Commissioner
Harris in opposition.
PC
Minutes 3/26/08
ITEM NO. 11 TRANSPORTATION
IMPROVEMENT PROGRAM (DCM)
Receive the draft 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.
ACTION TAKEN
Motioned by Commissioner Hird, seconded by
Commissioner Jennings, acting in its role as MPO, receive the Draft Transportation
Improvement Program (TIP) during the public comment period.
Unanimously approved 8-0.
PC
Minutes 3/26/08
ITEM
NO. 12 CPA-2004-02 (AAM)
CPA-2004-02: Consider revision
to a Comprehensive Plan Amendment to Horizon 2020, Chapter 7: Industrial and
Employment Related Land Use.
STAFF PRESENTATION
Ms.
Amy Miller presented the item. She gave a brief history and background of the
item.
PUBLIC HEARING
Mr.
Alan Black, League of Women Voters,
clarified the letter they sent regarding locational criteria. There was a
statement that a site ‘be annexed before development if adjacent to municipal
boundaries” that implies that if it is not adjacent to municipal boundaries
that it can be developed. It opens the door to scattered development throughout
the county.
Ms.
Bonnie Johnson, stated that this chapter
is a revision or update and that with revisions or updates generally you update
statistics or other area plans. She said that they needed to be careful that
the changes are not too big. She commented about page 7-7 the paragraph about
the Farmers turnpike as a big decision that has not been discussed by the
community as a whole. She stated that the live work campus may be a good idea
but needs to be discussed by the community more. She also stated that under the
location criteria, the criteria of page 7-5, should be compatible with future
land use.
Mr.
Ron Schneider, on behalf of Scenic
Riverway Community Association, stated that staff has done a fine job and that
it is an improvement. He made suggestions about prioritization.
Mr. Charles NovoGradac, owns Chestnut Orchard, referenced ECO2 saying the local government cannot delegate
planning function to others not accountable. He encouraged industrial
development to be built outside of prime farmland.
Mr.
Michael Almon, Brook Creek
Neighborhood and Burroughs Creek Corridor Committee, stated that three
neighborhoods conceived the plan to assist in revitalization because the
Ms.
Marguerite Ermeling, was concerned
about major land use policy changes. She said that identifying new areas before
the sector plan was done was premature. She felt that Ms. Eldredge’s letter
discussed major changes.
Mr.
Lane Williams, member of CRP, raised
questions about the description of the airport location, regarding that the
acreage has access to existing rail lines. He said that the airport has expanded
as much as it can to his understanding and cannot be expanded to receive cargo
flights. He also expressed concerns of accessing highways 24/40.
Ms.
MaryAnn Stewart, lives in
Ms.
Barbara Clark, gave the definition of
prime farmland from the USDA. She was concerned about prime farmland being used
for industrial.
Ms.
Beth Johnson, Chamber of Commerce, stated
that she has provided numbers on prospective companies that have been turned
away because of not having industrial sites. She said that the Industrial
Chapter was not perfect but has made good strides in making it more flexible. She
stated that industrial sites are not always brick and mortar and not always
dirty and smelly.
Ms.
Jane Eldredge, Barber Emerson, felt
that this is a vast improvement but felt that some points need more work. She
stated that prime farmland was a community thing and discussion about the
definition should be included.
Ms.
Nancy Thellman, responded to Beth
Johnson’s invitation to consider the economic development over prime farmland. She
said that they are trying to work on that and there is tremendous energy within
the community. There are more people looking into local farming. Rising fuel
costs brings the need for more economical ways to bring food to the table.
Mr.
Dave Ross, President of Scenic
Riverway Association, read Don Fuston’s letter about RWD#6 having the ability
to deny water use.
Ms.
Gwen Klingenberg, President of
Lawrence Neighborhood Association, stated that Farmers Turnpike is an important
gateway to the city. Allowing the site to develop before a sector plan could lead
to a dirty, smelly, and ugly development at that intersection. She was
concerned about traffic impacts.
Mr.
Rick Stein, neighbor, was concerned
about mixed conversations about Chapter 7 and the annexation of the Schwada
property.
Mr.
Michael Almon, stated that agriculture
is economic development and that prime farmland is our food future. He said the fastest growing sector is the farmers
market. He discussed why local farming is important and that peak oil was
increasing the cost of food.
COMMISSION DISCUSSION
Commissioner
Finkeldei asked staff to respond to concerns about incorporating ECO2.
Ms.
Miller said it was referenced at the instruction of City Commission. The
revisions to the chapter were from 2004. The locational criteria are not the
same as ECO2 because they are different references.
The
Commission discussed public concerns.
ACTION TAKEN
Motioned
by Commissioner Harris, seconded by Commissioner Moore, to defer CPA-2004-02
revision to a Comprehensive Plan Amendment to Horizon 2020, Chapter 7, so that the
Industrial Committee can consider comments brought up at tonight’s meeting and
bring back to Planning Commission in May.
Motioned carried 8-0.
PC Minutes 3/26/08
ITEM NO. 13 ANNEXATION OF 154.9 ACRES; NW CORNER N
1800 RD & E 900 RD (SLD)
A-02-02-08: Annexation of approximately 154.9 acres, located at the NW corner of
N 1800 Road & E 900 Road. Submitted by Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas
LC; Pert LC; Penny J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales
Corporation; Venture Properties Inc; Industrial Square Corp; JDSS Limited
Company; Radol LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC,
property owners of record. Referred by City Commission on 2-12-08.
Due to the late hour,
Chairman Eichhorn indicated that he would like to limit the public comment on
this item to one half hour after the applicant’s presentation.
STAFF PRESENTATION
Ms.
- Forward application with recommendation to deny Annexation;
- Forward application with recommendation to defer annexation; or
- Forward Application with recommendation to approve annexation with
a condition that no additional entitlements (zoning) are approved until
the sector plan is adopted.
APPLICANT PRESENTATION
Ms. Jane Eldredge,
attorney representing the property owners, identified a fourth option which was
approval of the requested annexation subject to rezoning to an appropriate City
designation. She indicated that the
property owners had made this request at the suggestion of the City Manager. She asked the Commission to reaffirm their
previous decision on the County industrial rezoning decision. The annexation would not be completed until a
new rezoning was done. Ms. Eldredge
noted that the request conforms with the existing Chapter 7 of Horizon 2020 and
with the annexation policies contained in the plan.
Comm. Harris asked Ms.
Eldredge to explain her difference of opinion with staff regarding consistency
with annexation policies.
Ms. Eldredge said there
is no map in the existing Chapter 7 and Horizon 2020 calls for voluntary
annexations. She referenced the statute
for island annexations. She reiterated
that the proposed land uses are compatible and that there is no need for a
Sector Plan.
Chairman Eichhorn asked
staff to provide more information regarding the annexation policies.
Ms. Day stated that
annexation of property outside of the Urban Growth Area was premature. She referenced a denial several years ago of
an annexation request for property west of K-10 that was located in Service
Area 3 of the UGA. Examples of recent
island annexations have been for specific public uses such as pump stations and
the Wakarusa Water Reclamation Facility.
Comm. Moore asked why
the UGA line was drawn in the middle of the road in this area. He noted
that the line is through a section on
the south side of the UGA rather than in the road.
Staff did not know how
the boundary in this area was originally determined.
Comm. Harris asked why
Planning Director Scott McCullough indicated it was
an island annexation, in part due to Farmland Industries, and that the City has
grown out to it. He noted that many
policies have changed in the twenty years since
Ms. Eldredge mentioned that it was developed as a partnership
with DCDI.
Beth Johnson, Lawrence Chamber of Commerce, said
that East Hills was developed through a partnership with the City and County. She
indicated it was an island annexation, and is still an island today. Through the partnership, City services were
extended to serve the business park.
Comm. Finkeldei noted that the staff report says
it is premature to annex land outside of the UGA. Why was the recommendation
made to defer until the Sector Plan is completed? He asked if the Sector Plan will recommend changing
the UGA boundary.
Mr. McCullough said the staff recommendation
recognizes the need to plan first.
Currently this location is not identified for development and staff
needs to make recommendations based on adopted policies and plans. He indicated that staff is willing and
actively pursuing looking at some changes to policy documents. He noted that
staff is on a fast track for completing a sector plan. Staff recognizes that there
is a willing land owner, and a need for industrial development.
Comm. Finkeldei asked if the sector plan would assume
movement of the UGA.
Mr. McCullough replied yes. It will be an honest
look at the growth area. The boundary is up for discussion.
Motion by Comm. Finkeldei, second by Comm. Chaney,
to extend meeting to midnight.
Motion carried 7-1
(Lawson)
PUBLIC HEARING
Mr. Ron Schneider, an attorney representing
a number of property owners, stated that Staff’s recommendation is correct. The
appropriate action should be to deny the application. Development should come
after planning. He reiterated that this property is outside of the UGA. This community spends a lot of time
discussing the meaning of the Urban Growth Area; if we are going to change it,
we need to consider the impacts of that decision. Services (basic utilities) are more than a
mile away. We need to consider the cost
of other service calls including fire, police and other enforcement
obligations.
Mr. Schneider stated that the applicant is really
seeking a conditional annexation. Zoning seems to be being asked for in
advance.
Mr. Schneider summarized statements from the Growth
Management Chapter of Horizon 2020 and noted that the plan was based on the
presumption that annexation should be logical and contiguous and that areas
outside of the UGA should not be annexed.
He stated that East Hills is distinguished from this application because
a public partnership is clearly different from a private development
proposal. He stated that annexing this
property outside of the UGA and with need for significant extension of services
is clearly unprecedented and he encouraged the Planning Commission to deny the
request.
Mr. Dave Ross, President of the Scenic Riverway Association,
stated that the request was premature.
He stated that property owners presented a valid protest petition
against the rezoning of this property four years ago with over 50% of the
necessary property owners. That proposal
was denied. Following the recent County
rezoning request, more than 86% of necessary property owners filed a valid
protest petition. He suggested that this annexation request was just a way to
get around the
Mr. Ross expressed
concerns with the intensity of the requested I-2 zoning. He indicated that the developer has indicated
he cannot use I-1 zoning because he needs to keep his options open. The association has a concern with the unknown
and indicated that is like providing the developer with a blank check. He
reiterated that annexation and zoning before a sector plan is done by the City
is premature and that this request should be denied. He also commented that the
property is within three miles of Lecompton and wondered if there had been any
comments from the City of
Mr. Rick Stein, a resident in the area, read the introductory
language in Horizon 2020. He listed key
features of the plan that states the plan promotes development in the UGA of
well planned areas; the plan calls for progression of land uses to prevent
abrupt changes; and that the UGA identified the limits for the planning period.
Mr. Stein stated the need to plan for
the area with a sector plan, adjust the UGA, look at infrastructure and look at
what it will cost the City and County to serve this area.
Ms. Marguerite Ermeling, a resident in the area,
stated the request is premature since there is an open rezoning request for the
same property. She indicated that the
applicant knows what the users are, but the community members don’t. She asked whether the community should grow to
the northwest when the growth rate has slowed and we are planning to grow south
with the decision to locate the new WWRF to the south. She read policy statements from the Growth
Management chapter of Horizon 2020 and recommended denial based on time frame. She
also stated that residents in the area have offered to meet to discuss proposed
uses and reiterated the need for design standards for industrial development.
She indicated she agreed the area had great potential, but stated that it
should be planned before decisions were made.
Ms.
Ms. Beth Johnson, Lawrence Chamber of Commerce, indicated
that a local user has already expressed
interest in this site. She has also
heard from
Mr. Schneider asked the Chair to note that multiple
people were here for this item but had to leave due to the late hour.
Mr. Bill Kelinhoffer, resident, said that he has lived in the nearby bluffs for 15
years. He would not have moved here if
he had known the are would develop as proposed.
He said he was surprised to find out he might have industrial as a
neighbor and that he looks right at the ridge on this property.
CLOSING
COMMENTS
Ms. Eldredge stated that Horizon 2020 is a policy
plan. The strategies in Chapter 7
identifies the need to increase jobs and provide more employment
locations. The Commission needs to look
to the Industrial Chapter’s direction on annexation. The site planning and zoning processes
provide the tools for quality development, but we need the means to get the end
user. She stated that rural
infrastructure can support some interim users and she directed the commission
to the memo from the Planning Director indicating that infrastructure cost
issues are items the City Commission will consider in their decision-making
process.
Ms. Day noted that Chapter 7 limits development to
designated locations on the Future Land Use Map.
Chairman Eichhorn indicated the annexation does
not change the pending zoning of the property.
Ms. Day noted the property would need to be
rezoned to a city designation and that there is not a complete development
package before the commission at this time.
COMMISSION
DISCUSSION AND ACTION
Chairman Eichhorn asked about the concerns from
Rural Water District No. 6 and what that limitation might mean for this
property.
Ms. Eldredge indicated there are existing
facilities on the ground. She noted that
there is sufficient water supply to support a warehouse use.
Chairman Eichhorn noted that the proposed Sector
Plan is on fast track. He asked Ms.
Eldredge to comment on the proposed schedule and potential to defer action
until the plan is completed.
Ms. Eldredge indicated we seem to have some
difficulty getting a revised Chapter 7.
Past experience has shown that it will take a lot of time to move
through the process. In the past Sector
Plans have been initiated on an agenda with input and direction from the
Governing Bodies. She also noted that Staff
has initiated the plan, without a public hearing.
Comm. Finkeldei asked Staff if industrial uses were
to be approved at these locations, would we prefer them to be built to city of
county standards.
Ms. Day indicated the preference would be to build
to city standards.
Comm. Finkeldei said that he understood Staff’s
position, but he had already voted, through the previous County rezoning, to
support industrial uses at this location.
From his perspective, it would be better to annex the property and have
it develop to City standards. He pointed
out the delays with The Exchange and the additional time it took to adopt the
Revised Southern Development Plan. From
his perspective, the Planning Commission has already taken a 7-2 vote to
support industrial development at this location. He said that he supports the Sector Plan
going forward, but cannot support deferring this annexation until that planning
effort is completed.
Comm. Jennings said that 50 years ago the West
Lawrence Turnpike interchange was new.
The Hallmark Plant was built and we have seen a lot of good development
follow. He doesn’t see the difference
with this next Turnpike exit. If the
opportunity years ago had been lost, he wondered where we would be today. He noted that, as a community, we couldn’t
move fast enough on the American Eagle proposal and now there are 600 jobs in
Comm. Harris commented that this location was
different than The Exchange and the issues addressed in the Revised Southern
Development Plan. Planning around medium
density residential is easier than for uses around industrial development. She noted that the Northwest Plan shows low
density residential development and people have relied on that plan. Those property owners should be included in
the planning process for this area. She
said that she agreed this particular location should not be low density
residential.
Chairman Eichhorn stated that he did not believe
the community would lose this location for development and he was confident
that Planning Staff could move the plan through the process in a timely manner.
Comm. Jennings said that neighbors in the area
shouldn’t expect a specific plan for the property until uses are
identified. The type of uses will affect
the ultimate development of the property.
Comm. Hird restated the options before the
commission – approve, defer or deny.
Planning Director McCullough reminded the
commission that their action was to make a recommendation to the City
Commission.
Comm. Hird said that he was weighing whether
annexing the property now offended the planning process and whether there was a
reason to make an exception. With
deference to Staff, he noted that
Comm. Lawson asked Comm. Finkeldei about
formulating a potential motion and suggested it should indicate that the City
Commission should take a look at cost issues.
Planning Director McCullough indicated that the
Sector Plan process allows public input on the surrounding uses and to weigh in
on how much of the area is appropriate for industrial uses. The process will identify the broader issues
that affect community growth.
Comm. Hird asked if that input could occur during
a City zoning request.
Mr. McCullough indicated that we cannot plan in a
vacuum, it must be context sensitive planning.
Comm. Hird stated he was in favor of moving the
request forward and noted it was still not a foregone conclusion. There was still more opportunity for input
regarding the annexation at both the City and
Comm. Lawson asked whether Comm. Hird was
supportive of a Sector Plan effort at all.
Comm. Hird responded that he was in favor of a
dual effort.
Comm. Lawson noted that his only concern with the
Sector Plan was that it was one more opportunity for delay and it is important
that we move ahead with creating additional industrial base for the community.
Chairman Eichhorn asked whether the City
Commission would take public comment on the annexation request.
Mr. McCullough indicated they would. He stated that Staff was in favor of moving
forward and had proposed a very aggressive timeline. He was concerned about comments he heard that
the planning process is a hurdle to development.
Comm. Harris indicated she believed the comments
were based on past experience with planning efforts. She made a motion to defer the annexation
request until consideration of a Sector Plan, based on the findings in the
staff report. Chairman Eichhorn seconded
the motion, noting he supported industrial development in this area but thought
it was important to plan the area first.
Motion failed 2-6 (Harris, Eichhorn in favor;
Chaney, Finkeldei, Hird,
Comm. Finkeldei motioned to recommend to the City
Commission that the annexation be approved based on several Industrial
Development strategies outlined in Horizon 2020, Chapter 7 which encourages job
growth, and because Chapter 4 contemplates growth outside of the UGA when it
states that the plan does not seek to limit land for industrial
development. He stated that this
property presented a unique opportunity.
Comm. Chaney seconded the motion.
Comm. Harris stated that she would not support the
motion because the request is not consistent with Horizon 2020 based on the
findings in the staff report.
Comm. Chaney stated that the request meets the
criteria for future industrial and is one of the best sites for this development.
Motion carried 6-2 (Chaney, Finkeldei, Hird,
Comm. Finkeldei motioned to initiate the Sector
Plan and Comprehensive Plan Amendment for the K-10 & Farmer’s Turnpike
Sector Plan. Comm. Hird seconded the
motion.
Unanimously approved 8-0.
PC Minutes 3/26/08
MISCELLANEOUS NEW OR OLD BUSINESS
MISC NO. 1 Status Update on MU District
Staff will provide update and, if time
allows, Commission can discuss and provide feedback. Action will not occur
until April Planning Commission meeting.
MISC NO. 2 Status Update on SmartCode
Staff will provide update and, if time
allows, Commission can discuss and provide feedback. Action will not occur
until April Planning Commission meeting.
PUBLIC COMMENT SECTION
ADJOURN 12:25pm