Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager Toni Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Diane Stoddard, Assistant City Manager Cynthia Wagner, Assistant City Manager
Date:	January 5, 2010
RE:	Amendment to Article 12, Access Management Requirements for West 6^th Street.

On tonight’s agenda, the City Commission is being asked to consider accepting dedication of easements and rights of way for Preliminary Plat PP-10-5-09, a four lot commercial and residential-office subdivision on approximately 29 acres for the Mercato project located at the NE corner of K-10 & West 6^th Street (Hwy 40).  The Mercato project includes a proposed westbound right-in and right-out along the north side of 6th Street between George Williams Way and K-10 Highway. 

Staff interpreted Section 16-1201 of the Code of the City of Lawrence, Kansas as restricting access along West 6th Street at this location. Staff recommended to the Planning Commission that the plat should be approved with a condition that the City Commission approve a revision to Section 16-1201. While the majority of Planning Commissioners disagreed with staff’s interpretation and approved the plat without the recommended condition, the commission did state that the City Commission could determine that the code would need to be changed regardless of whether the condition was included with the plat’s approval. 

Staff’s opinion is that the City Commission should approve revisions to Section 16-1201 in order for the Mercato project to gain the right-in and right-out access on West 6th Street.  

If the City Commission agrees with Staff’s interpretation and also wants to grant the Mercato project the West 6th Street access, then Staff proposes an amendment to Section 16-1201. The amendment would allow the right-in and right-out along West 6th Street subject to approval by the City and the Kansas Department of Transportation.  The current frontage road allowed by code would be closed and replaced with the new 6th Street access. 

Action Requested: Receive Staff’s proposed amendment to Article 12, Access Management Standards for West 6th Street, and, if appropriate, place on a future agenda for City Commission consideration.