PC Minutes 5/19/08  DRAFT

ITEM NO. 4A      SPECIAL USE PERMIT FOR BC&R STORAGE; 1300 BLOCK OF N 3RD ST (JCR)

 

SUP-03-03-08: Special Use Permit for BC&R Storage, located in the 1300 Block of North 3rd Street. Submitted by Grob Engineering Services, for BC&R Storage Company and JGM Properties LLC, property owners of record.

 

ITEM NO. 4B      PRELIMINARY PLAT FOR BC&R STORAGE ADDITION; 1300 BLOCK OF N 3RD ST (JCR)

 

PP-03-05-08: Preliminary Plat for BC&R Storage Addition, a two-lot nonresidential subdivision located in the 1300 Block of North 3rd Street. Submitted by Grob Engineering Services, for BC&R Storage Company, Inc. and JGM Properties, LLC, property owners of record.

 

STAFF PRESENTATION

Mr. Joe Rexwinkle presented items 4A & 4B together.

 

APPLICANT PRESENTATION

Mr. Dean Grob, Grob Engineering, felt that a sidewalk was not necessary for the site because the property to the north is in the County. He stated the Kansas Turnpike Authority does not have allowances to put in sidewalks from the I-70 Business Center to BC&R storage so there would be no connectivity. In stated that in 1996 and 1998 beautification projects were done in North Lawrence and the beautification projects did not reach to the BC&R Storage facility. The owner was not opposed to being part of a benefit district but it would be a financial burden to take it on entirely by himself.

 

PUBLIC HEARING

No public comment.

 

COMMISSION DISCUSSION

Commissioner Finkeldei inquired about a benefit district to get the sidewalks installed.

 

Mr. McCullough explained that benefit districts can be formed of property owners by governing bodies.

 

Commissioner Finkeldei asked if there were plans to put a sidewalk under the Turnpike bridge.

 

Mr. Chuck Soules said he had not seen the plans but could call and find out.

 

Mr. Grob said there were no provisions to put in a sidewalk under the Turnpike bridge.

 

Commissioner Harris inquired about drainage of the site.

 

Mr. Rexwinkle said that the impervious surface would increase. The City Stormwater Engineer reviewed the plans and said that the new gravel will be more impervious at first and less impervious over time and that the Stormwater Engineer had no additional concerns with the increased impervious surface.

 

Commissioner Harris felt that a sidewalk would be beneficial to pedestrians.

 

Commissioner Hird struggled to find a purpose in putting in a sidewalk that did not connect on either side.

 

Commissioner Eichhorn agreed with Commissioner Harris and wanted to encourage KTA to look at putting in sidewalks under the Turnpike bridge along North 3rd Street.

 

Commissioner Chaney said he would have a problem with making the developer put in a sidewalk if the City was not able to put one under the Turnpike bridge.

 

Mr. Jim Black, one of the site owners, spoke about the North Lawrence Improvement Plan not including his property. He felt that the City should pay for the sidewalk since his property is within City limits. He offered to pay for sidewalks in the future but did not feel the sidewalks were needed now.

 

Commissioner Harris inquired about how the issue has been treated in other parts of the City that are adjacent to County.

 

Mr. Rexwinkle said that sidewalk construction is a standard requirement at the time of multi-family and all nonresidential development regardless of where such developments are located. He noted that the property across the street from the site was recently platted and redeveloped and that the developer was required to construct a sidewalk.

 

ACTION TAKEN ON ITEM 4A

Motioned by Commissioner Jennings, seconded by Commissioner Carter, to approve SUP-03-03-08, a Special Use Permit for exterior storage associated with BC&R Storage Company, Inc. located in the 1300 Block of North 3rd Street, based upon the findings presented in the body of the staff report and subject to the following conditions:

 

1.      Receipt of a US Army Corps of Engineers Permit;

2.      Execution of a Site Plan Performance Agreement;

3.      Publication of an ordinance per Section 20-1306(j);

4.      Provision of a Stormwater Pollution Prevention Plan approved by the Stormwater Engineer;

5.      Provision of a revised Site Plan to show the following:

a.        Revise the parking summary to show the required parking figures rounded up for a total of 23 spaces;

b.        Show proposed sanitary sewer service line to the existing sanitary sewer main;

c.         The applicant is requesting a waiver from the requirement to construct sidewalks (see Item #4B).  If sidewalks are required, amend note #10 on this preliminary plat to state that public improvements will consist of sidewalks;

d.        Add a note that sanitary sewer manholes will be adjusted to final grade;

e.        Add a note to identify that the waterline extension is a private fire service line and that the fire hydrant will be painted red;

f.          Identify the fire lines (and sizes), the 2” domestic service for the existing 60,000 sf building, and the ¾” domestic service for the smaller building;

g.        Add a note discussing backflow prevention as per City Code Chapter 19, Article 7, Cross Connection Control to address water quality of the proposed private fire service line.

 

Motion carried 8-2 with Commissioners Eichhorn and Finkeldei in opposition.

 

ACTION TAKEN ON ITEM 4B

Motioned by Commissioner Jennings, seconded by Commissioner Chaney, to approve the variance request from Section 20-810(d)(4)(i) which requires the dedication of additional road right-of-way in lieu of the dedication of a 10’ wide pedestrian and right-of-way easement and a 15’ wide landscape easement.

 

Motion carried 8-2, with Commissioners Eichhorn and Harris opposed.

 

Motioned by Commissioner Jennings, seconded by Commissioner Moore, motion to recommend approval of the waiver request from Section 20-811(c)(1)(iii) which requires the construction of a sidewalk along North 3rd Street to the City Commission.

 

Motion carried 8-2, with Commissioner Finkeldei and Harris opposed.

 

Motioned by Commissioner Jennings, seconded by Commissioner Moore, to approve the Preliminary Plat of BC&R Storage Addition and forwarding it to the City Commission for consideration of the requested vacation and dedication of easements, subject to the following conditions:

 

Conditions 1 and 2 were stricken by Planning Commission based upon their recommendation to grant the waiver. Should the City Commission not grant the waiver, conditions 1 and 2 will apply.

 

1.            Should the Planning Commission grant denial of the waiver request requiring the applicant to construct sidewalks, revise note #10 to state that public improvements shall consist of a 6’ wide sidewalk along North 3rd Street;

2.            Should sidewalks be required, add a note stating that Public Improvement Plans will be submitted and approved prior to final plat approval for a new sidewalk;

3.            Should the Planning Commission grant the waiver request to forgo a sidewalk, add a note to the preliminary plat which states that an Agreement Not to Protest the Formation of a Benefit District to finance construction of sidewalks will be required prior to final plat approval and recordation;

4.            Add a note stating that a Right-of-Way Work Permit shall be obtained from the City Clerk’s Office for all construction work performed in the public right-of-way.

 

Motion carried 8-2, with Commissioners Eichhorn and Finkeldei opposed.