PC Minutes 8/27/08  DRAFT

ITEM NO. 9         SPECIAL USE PERMIT FOR LAWRENCE HIGH SCHOOL; 1901 LOUISIANA ST (PGP)

 

SUP-07-04-08: Consider a Special Use Permit and Institutional Development Plan for Lawrence High School for the construction of additional parking and installation of bleachers/restrooms/concessions/lighting/sound systems to accommodate football/softball/soccer competition on-site at 1901 Louisiana Street. Submitted by Landplan Engineering, for City of Lawrence Public Schools USD 497, property owner of record.      

 

STAFF PRESENTATION

Mr. Paul Patterson presented items 9-11 together.

 

Mr. Matt Bond, City Stormwater Engineer, showed drainage maps on the overhead.

 

APPLICANT PRESENTATION

Ms. Mary Rodriguez, Chief Operations Officer for Lawrence Public Schools, said that students who participate in high school activities have higher grades, better attendance, fewer discipline referrals, lower dropout rates, better attitude about themselves, and a higher graduation rate. The District wants to support and encourage school activities in the school system. She said that Lawrence High School has to use offsite locations for baseball, soccer, and softball players must practice offsite. She said aside from the additional cost in time, gas, it is a safety issue for the student athlete. It is also an issue related to social economic status of the participant. Some students cannot afford traveling to and from practice. Varsity football games are played Haskell University. Poor field conditions, particularly for offsite competition venues have created serious discussions of cancellation of events by sport officials and participants due to the possibility of injury. She stated that this proposal would provide safer playing surfaces for students. Playing surfaces will be state of the art and promote reduction in the severity and frequency of injuries. Artificial turf will allow for more extensive use of the fields and installation will eliminate fertilizer and pesticide runoff. The District will pay out approximately $80,000 this year for using other sport facilities and transportation to and from. Representatives for Lawrence School District had meetings with neighbors to discuss the facilities and get feedback and some of the changes suggested were incorporated. There was a suggestion from neighbors that on big game nights that people can park off site, like at Haskell, and be shuttled to the high school. She believed there was merit in that suggestion and they will use the suggestion. She went over the calendar of events that was included in the online packet for the Commissioners. She stated that there will be 7 months that the facilities will not be in use and that there will only be 4-6 home football games where the lights or sound might go beyond 10:00 pm.

 

PUBLIC HEARING

Mr. Price Banks, behalf of Centennial Neighborhood Association, said that there was a petition with 73 signatures in opposition. He asked Planning Commission to slow the project down. He would like the opportunity for the people affected most to be able to work with the developers and seek mitigation of impact. He asked that the project be deferred.

 

Mr. Sven Alstrom, lives at 842 W 21st, said he did not oppose athletic improvements for Lawrence schools, but asked that the item be deferred. He felt that there had been procedural errors in the process and said that one neighbor who he felt should have been notified was not. He felt that there were alternate locations for the bleachers and would like an alternate plan for the area.

 

Mr. John Novotny, felt that the athletic facilities for Lawrence are very poor and are desperately needed. He said he grew up next to Haskell University and it was only 5 nights a year where the announcer and lights were noticeable. He felt that the neighbors should have their concerns addressed but that the School District does need the facilities.

 

Mr. Doug Gaston, parent of 3 kids who were or are students in the Lawrence school system, said he was in favor of the project. He understood the concerns of the neighborhood.

 

Ms. Betty Alderson, lives at 1920 Maine, said that her three children graduated from Lawrence schools. She was concerned about the swiftness of the project because the neighborhood found out about it in May. She felt that more thought should be put in to the process.

 

Mr. Steve Padget, 1708 Illinois, said he had two kids go through the Lawrence school system, and both were involved in sports. He stated that at first he thought it was a good project and then he looked at the Development Code and came up with questions about the implementations. He was concerned about water retention in the turf, parking, and landscaping.

 

Mr. Tom Harper, said that Mr. Bracciano contacted him to discuss what the school district was going to do. At the first meeting he said ‘do no harm’ and he felt pretty good about the school district not doing any harm, until he found out about the stadium holding 4,000 people. He felt that property value would decrease for those nearest to the facilities. He hoped that Planning Commission made a recommendation to Landplan to create another plan because he felt that there could be an alternative to the football field.

 

Mr. Bob Tryanski, 2000 Alabama, discussed four principles; equity between the high schools, safety, fiscally responsibility, and environmentally responsibility. He said that the plan does address these and he supported the project. He said the football field was a different story and felt that the parking for the football field was inadequate and traffic would increase. He was concerned about safety. He did not think the turf was environmentally responsible and felt there needed to be further studies. He said the only part of the project he was opposed to was the football field.

 

Mr. Terry Jacobson, representative of the Lawrence High Band Parents organization, was in support of the development of the project. The lights would allow for the band to practice longer in the evenings. The approval of the project would have a positive educational experience. He said the property is owned by the district and there is no reason we cannot mitigate the issues of the neighbors

 

Mr. Jerry Schultz, lives at 1945 Tennessee, said the neighborhood has tried to protect itself from too many investment owned properties. The intention of the neighborhood is to keep the quality of life high. He said the schools are highly desired and they like the schools. He felt that the enhancements were worth looking at and doing, but the development of a football field that holds 4,000 people would be damaging to the quality of life in the neighborhood. He said there was no barrier that could prevent the intrusiveness of living next to a stadium.

 

Ms. Jeanne Klein, felt that the School District and Planning Commission were teaching the next generation that they can get whatever they want. She said there are no extra facilities for dance, theatre, and drama. She did not buy her house knowing she would be living in a sports district. She did not buy her house knowing it was in a flood district. She said those changes may not be able to handle the amount of impervious space. She was concerned about property value going down, flooding, and traffic. She felt that they were teaching students that ordinances can be ignored and that those are far less important than sport facilities.

 

Mr. Terry Riordan, commended staff and was pleased Historic Resources Commission approved the project. He felt this was needed in the community and that the lighting could be mitigated. The school district does not want to upset the neighbors. He said that there will be extra parking spaces that can be used every day of the year so that would take care of the parking safety issue. He said the drainage appears to be adequate at this time and that the noise will most likely not go past 10:00 pm.

 

Mr. Helmut Huelsbergen, came to Lawrence in 1957 and moved into 1908 Alabama, raised a family of three children who all attended Lawrence schools. He referred to a Site Plan letter he received from the applicant that said he did not have the ability to appeal. He was concerned about the quality of life in the neighborhood. He stated that after this plan is complete he will see a 15’ high wall instead of the rising sun out of his window. He felt like the neighborhood had not been given consideration.

 

Commissioner Moore asked staff about the site plan letter that Mr. Helmut referred to.

 

Mr. McCullough said that two site plan applications were submitted and that with the site plan process the applicant sends letters to adjacent property owners saying “This letter does not grant the recipient and/or property owner any legal rights to challenge the proposed development, instead, it is being provided solely to advise adjoining property owners of the pending development.”

 

Mr. Shelley Bock, said that the value of athletics is part of the educational process. He said that the reputation of Lawrence school sport facilities is poor and that surrounding cities have much better facilities. He felt that the project was needed by the community.

 

Mr. Dennis Brown, President of Lawrence Preservation Alliance, said he attended the Historic Resources Commission meeting where this item was discussed. He said that HRC has a narrow focus when reviewing properties in the environs. HRC ruled that this project does not damage the historic properties if the school district works with the Historic Resources Administrator to find ways to mitigate light and sound impacts on the historic properties. He felt that the responsibility of the neighbors understanding the project falls on the school district. He felt that the project should be deferred and that there should be more discussions with the neighborhood.

 

Ms. Cecilia Mills, wanted to know if students were encouraged to use bikes. She asked that gravel be considered instead of pavement. She also would like to see an environmental study and traffic study done.

 

Mr. Bryan Wyatt, has a son who attends Lawrence High, and said that they do not have baseball fields. He felt that the lack of facilities was an embarrassment to the city. He also felt that the concerns of the neighborhood should be addressed but that the kids really need the facilities.

 

Mr. Dietrich Earnhart, President of University Place Neighborhood Association, said that the school district never contact anyone in his neighborhood. He wanted the opportunity to be engaged in the project.

 

Ms. Bonie Lowe, thanked the Commissioners for their work. She supported extracurricular activities. She appreciated the neighbors concerns and hoped that their concerns could be mitigated.

 

Mr. Bill Newsome, felt that the project was very important to the community as a whole. He encouraged the Commissioners to keep in mind the far reaching ramifications that the proposal has. He felt that they should keep the project on a timely track.

 

Ms. Hayley Sheets, senior at LHS, felt that the neighbors concerns should be addressed. She said that creating more parking spaces would be great for students. She also felt that Free State has superior facilities for sports over LHS. She was in favor of the project.

 

APPLICANT CLOSING COMMENTS

Mr. C.L. Maurer said there will no longer be cut through traffic.

 

Mr. Bracciano said the swell will be addressed.

 

Mr. Maurer showed additional drawings of the proposed plans. 55’ setback was the best that they could do.

 

Mr. Bracciano said the lighting manufacturer does not recommend having lower poles.

 

Mr. Maurer showed aerial photographs of area schools, Springhill Kansas High School, Seaman High School, and Olathe North High School, for seating and parking and relationship to the property line. This information was included in the online agenda packet the Commissioners received.

 

Mr. Mehrdad Givechi, traffic engineer for the project, said the project will generate some additional traffic but they have means to mitigate the additional trips from the site. He went over the details of the traffic impact study. The improvements would consist of the following components:

• The existing soccer field will be re-graded at its current location and will have

new astro-turf installed. The capacity of bleachers will remain at its current

number of 100 seats.

• The existing 8 tennis courts, located west of the soccer field, will be removed and

relocated to a different site (one block south of its current location at the Virtual

High School site). A new parking lot with 277 parking spaces will be constructed

at this location having access onto 21st Street in line with Virginia Street to the

south. This can be achieved by relocation of existing access drive approximately

15’ to the east.

• The existing parking lot on the northwest corner of Louisiana Street & 21st Street

will be expanded west to provide for 123 additional spaces. The access on 21st

Street will remain at its current location, but the access on Louisiana Street will

be relocated approximately 25’ to the north.

• The track and football field will be moved approximately 50’ to the west and will

have new astro-turf and bleachers installed. The capacity of bleachers will

increase from 500 to 4000 seats. It is anticipated that the frequency and type of

activities for this field will remain unchanged with addition of bleachers providing

accommodation for current spectators.

• A new softball field will be constructed south of the existing track, where currently

used for band practices. The capacity of bleachers will remain at its current

number of 200 seats. This facility will be served by newly proposed parking lots

mentioned above.

·   Sports activities for Lawrence High School’s calendar year 2008, critical peak period for

concurrent activities (football, soccer and tennis) will be from 3:00 to 9:00 p.m. of a typical weekday. Proposed improvements as mentioned above will eliminate tennis activities from the site and replace them with softball activities.

 

Mr. Givechi said that it would be possible to bus spectators in from different parking sites.  He said that maybe 7-10 buses could bring the extra 500 people onto the sport site and that they could possibly provide incentives for carpooling, which could potentially reduce traffic to the site. The football games are usually on Fri nights and only about 5-6 games a year. Games typically start at 7pm so peak 5pm traffic will be taken out of that count.

 

Commissioner Hird asked if a 4,000 seat stadium was going to be adequate.

 

Mr. Bracciano said he believed so and that a 4,000 seat stadium is required by the state for a playoff game.

 

Commissioner Hird asked what the typical attendance was because he did not want to approve a project that would have to be expanded years from now.

 

Mr. Mike Hill, Athletic Director of Free State High School, said the average number of football game attendees is 3,000 people.

 

Commissioner Rasmussen inquired about the neighbors asking for a delay in the project to discuss their concerns more.

 

Mr. Bracciano said these are outdoor projects and there are only a few months left for construction and that it will be more expensive the longer it is delayed. There are also sport schedules to consider. He said that the School District wants to get the kids on the field as soon as possible.

 

Commissioner Blaser asked Mr. Bond about water issues.

 

Mr. Matt Bond said the basis of the turf system, whether natural grass or synthetic, is not true detention. All of the existing runoff heads toward the southwest and runoff is medium to rapid. The new fields will have higher infiltration into the soil than what it is now. He said the drainage characteristics will be improved at this site by the project. He said that any property owner can be responsible for water on their site.

 

Commissioner Blaser asked if the water problems for the area will be solved.

 

Mr. Bond said yes, for the site the problem will be solved, but the problem for the neighborhood will not be solved. He said the problem on Alabama Street is from KU and on up the hill. He said that the project will not undo any of the improvements on Carolina Street.

 

Commissioner Rasmussen asked if stormwater that drains off of the site will go to a storm sewer.

 

Mr. Bond said that was correct, it will all be enclosed and carried away.

 

Commissioner Carter asked Ms. Mary Rodriguez about the number of people who attended the three neighborhood meetings she referred to earlier.

 

Ms. Rodriguez said that about 20-40 people attended.

 

Commissioner Carter asked how the neighbors were notified about the neighborhood meetings.

 

Mr. Bracciano said that there was email notification.

 

Commissioner Hird inquired about the notification requirement to the neighbors.

 

Mr. McCullough that the neighborhood meetings were informal so there were no formal requirements for notifying the neighbors. The district shared a lot of ideas about what the plans would be and the neighbors expressed concerns about drainage, traffic, and general questions. There was notice to the neighbors for the turf site plan and the soccer and softball site plan. The lights and bleachers and competition field created the SUP which staff notified property owners within 200’ and published a legal notice in paper.

 

Commissioner Blaser inquired about mitigating sound.

 

Mr. Steve Grant, retired athletic director of Free State High School, is now a sales rep for Detronics, who is supplying the sound system for the project. He said typically the decimal level is 100 decimals. He gave the example that inside Allen Fieldhouse is about 100 decimals. He said the crowd noise level is usually in the 90 decimal range, which is equivalent to a busy road. The sound system for the football field would only be used 5 nights a year.

 

Commissioner Carter asked if the trees planted at the time of construction will end up to be the height of the press box.

 

Mr. C.L. Maurer said that they will use English Oak trees which get about 35’ high. He said they will be about 12-15’ high when planted and that they are hearty trees.

 

Commissioner Moore asked if there were requirements for the height of lights.

 

Mr. Bracciano said that the light manufacturer does not recommend having lower lights and they may have to get a waiver from the Planning Department.

 

Commissioner Blaser inquired about the sidewalks. He read that sidewalks on Virginia Street have to be built and the answer was that they would tell the owners.

 

Mr. Bracciano said that from the districts standpoint the sidewalks would be on private property.

 

Mr. McCullough said the idea was that it would link parking between Lawrence High and Centennial.

 

Commissioner Blaser asked who would pay for it if it is required.

 

Mr. McCullough said that if it is required the district would have to work with the city to provide engineering plans for the sidewalks.

 

Commissioner Blaser asked how they could solve the light problem.

 

Mr. McCullough said that condition 4 addresses the lighting and that the Development Code does not provide waiver ability to Planning Commission.

 

Commissioner Hird recognized that LHS had limitations in terms of its facilities and said as long as he can remember everyone has complained about it. This project would provide the opportunity for some sort of economic development for events that Lawrence cannot host at this time. He said he was initially concerned about this not being a big enough facility but was relieved to hear it is an appropriate size. He was concerned that the neighborhood association may not have been provided notice even though SUP notice requirements were met according to Mr. McCullough. The football stadium seems to be the main concern for people. He said that the deciding factor for him was that home football games would only be 5-6 nights a year. He was in favor of the project.

 

Commissioner Singleton supported the project. She recognized the value of participating in school events. She said that she walks at LHS almost every day. She grew up next to a large stadium and was familiar with the tradeoffs. She felt that the school district has done a phenomenal job. The noise issues have been addressed in every way possible and the school district is using the best options available.

 

Commissioner Carter agreed with Commissioner Hird’s comments about proper notice to the neighborhood. The major concerns from the neighbors seem to be traffic, drainage, light, and sound. He said that the Commission rely on trained staff and he trusts their opinion on traffic and drainage. The light and sound will be mitigated as much as possible. He supported the project.

 

Commissioner Rasmussen also supported the project. He said he grew up at 18th & Alabama and would have liked to have had the facilities when he was in school. He deemed this as an amenity for the area and felt that the benefits outweighed the negatives of the project.

 

ACTION TAKEN

Motioned by Commissioner Carter, seconded by Commissioner Hird, to approve SUP-07-04-08, a Special Use Permit for the expansion of athletic fields and associated parking lot improvements, based upon the findings presented in the body of the staff report, subject to the following conditions:

 

1.      Execution of a Site Plan Performance Agreement.

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

3.      Per Section 20-1307(e), recording of the Institutional Development Plan (Site Plan) at the Register of Deeds Office.

4.      Prior to building permits being issued for any of the athletic field light poles, the applicant shall either revise the site plan to show conformance with the 60’ height limit of such poles, gain approval of a variance to exceed the 60’ height limit, or gain approval of a text amendment that provides for heights greater than 60’.

5.      Provision of notice to the Kansas Department of Wildlife and Parks regarding the relocation of the tennis courts (due to original funding agreements).

6.      Revision of the site plan to provide the following:

a.      Provision of a continuous, double row of columnar trees, along the entire length of the west and south property lines to provide buffering from the football field, softball field and new parking lot. 

b.      Reconstruction of sidewalks along the Louisiana Street and 21st Street frontage to meet current 6’ and 5’ width standards.

c.      Provision of additional details related to bleacher height, light pole heights, and hours of operation for field lights.

d.      Provision of corrected parking summary regarding required and provided parking based on multiple uses on site per Development Code requirements.

e.      Expansion of parking summary to identify number of existing spaces, net proposed spaces and total spaces ultimately to be developed.

f.       Correction of Building Use summary to indicate number of students based on 08/2008 District Preliminary Enrollment Report.

g.      Provision of additional dimensions and corrections to cross sections to accurately reflect proposed improvements and existing structures.

h.      Notation that litter will be monitored and picked up on a regular basis.

i.         Notation that no gate is proposed along the western perimeter fence.

j.        Notation regarding the height of screen fencing that will be provided at softball backstop and soccer fields to minimize ‘fly balls’ potential.

k.      Specific location of concession/restrooms at football field prior to release of plan for permits (under bleachers or stand-alone buildings, not both).

l.         Provision of additional information required by Stormwater Engineer for final approval of stormwater drainage improvements including:

i)           Grading scale at larger scale for review of existing and proposed contours.

ii)          Specify that all curb inlets will be constructed per City storm sewer standard details.

iii)         Submittal and approval of a stormwater pollution prevention plan (SWP3) prior to release of building permits.

7.      Approval of a photometric plan (submitted 08/21/08).

8.      Provision of manufacturer specs for bleachers (with specific size and height info).

9.      Approval of a revised traffic impact study and inclusion of any recommended improvements (if determined necessary following staff review).

10.  Approval of a revised downstream sanitary sewer study and inclusion of any recommended improvements (if determined necessary following staff review).

 

          Motion carried 7-0-1, with Commissioner Finkeldei abstaining.