LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING COMMISSION

PLANNING COMMISSION MEETING

July 22, 2015

Meeting Minutes
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July 22, 2015 – 6:30 p.m.

Commissioners present: Butler, Britton, Culver, Kelly, Liese, Sands, Struckhoff, von Achen

Staff present: McCullough, Stogsdill, Day, A. Miller, M. Miller, Pepper, Simmons, Ewert

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PLANNING COMMISSION MINUTES

Receive and amend or approve the minutes from the Planning Commission meeting of June 22, 2015.

Motioned by Commissioner Kelly, seconded by Commissioner Butler, to approve the June 22, 2015 Planning Commission minutes.

Motion carried 6-0-2, with Commissioner Culver and Liese abstaining.

COMMITTEE REPORTS

Receive reports from any committees that met over the past month.

Commissioner Kelly said the Horizon 2020 committee met for a public feedback session. He said they would meet again August 10 to finalize the issue action report.

EX PARTE / ABSTENTIONS / DEFERRAL REQUEST

· Ex parte:

Commissioner Kelly said he talked to Mr. Gary Rexroad regarding Item 4 and the process of going through the Planning Department.

Commissioner Sands said he received a call from Mr. Tom Larkin regarding Item 5. He said Mr. Larkin asked if he read the packet and if he had any questions.

· Abstentions:

Commissioner Kelly said he would abstain from all of Item 7 due to his employer being involved in it.

PC Minutes 7/22/15

ITEM NO. 1 CONDITIONAL USE PERMIT FOR BURNING BARREL; 292 N 2100 RD (MKM)

CUP-15-00229: Consider a Conditional Use Permit for a Value-added Agricultural Business, The Burning Barrel, a specialty meat processing shop, located on approximately 30 acres at 292 N 2100 Rd. Submitted by Brian Strecker, for James Myers, property owner of record. Joint meeting with Lecompton Planning Commission.

STAFF PRESENTATION

Ms. Mary Miller presented the item.

APPLICANT PRESENTATION

Mr. Brian Strecker said his business was a small scale operation. He said he was creating a living for himself and partner. He said he wanted to supply people with a quality product. He said he would be purchasing hogs from a company in Trimble, MO because they source a lot of their hogs from Kansas raised farms and the meat is USDA inspected. He said a local company, Meat LLC, would provide the delivery of hogs to the site.

Commissioner Liese asked who James Myers was.

Mr. Strecker said James Myers was the current owner and it was under contract to change ownership to him.

PUBLIC HEARING

Ms. Sandy Jacquot, Lecompton Mayor, said this was about as expansive as the use could get at that current location under the Conditional Use Permit. She said it did not sound like it could get much larger. She asked about the truck traffic.

Ms. Miller said there was a maximum structure size limit of 10,000 square feet, so it could grow, but it would require a revised Conditional Use Permit. She said there would be no more than two trips a day for traffic.

Ms. Jacquot said the size of the building and increased truck traffic were the two main concerns that Lecompton had. She said it sounded like the truck traffic was going to be minimal.

Mr. Kris Kobach, owner of 160 acres near the proposed site, said he did not think the application met the conditions of a Conditional Use Permit under Kansas law and County regulations. He felt this was a dramatic alteration to the County Comprehensive Plan. He said hog processing was a radical departure from the current use of the property. He said the seven mile drive from Lecompton to Big Springs, heading west, was one of the most beautiful scenic drives in Kansas. He said the Shawnee County line was dramatically different than Douglas County because they had granted Special Use Permits over time. He said the application did not obtain enough information for Planning Commission to accurately assess the departure from the current site line. He said it would substantially reduce property values and that he would have never purchased his property had he known there would be a hog processing operation there. He said odors from the site would create a nuisance in the area and that an ozone generator would not eliminate the odor, only mitigate it. He stated the application did not include sufficient information to assess the waste disposal, health effects, and site impact. He said it was not compatible with the Comprehensive Plan because it was not an agriculture use. He stated there were other locations in Douglas County that do this. He said it did not meet the County’s definition of agriculture use because the product was not raised on the property.

Mr. Paul Bahnmaier wondered if a Conditional Use Permit had been withdrawn in the past 20 years because they failed to meet the criteria presented. He said some of the material he received was regarding an orchard at the site. He expressed concern about increased truck traffic and the danger it would create for this residential area of Lecompton.

Mr. Todd Kofford expressed concern about waste from the hogs, such as bone and fat. He agreed with Mr. Kobach’s points.

Mr. Paul Hamersly said he owned the property next to the proposed Burning Barrel site. He said he was not in favor or against it. He said his concern was regarding any gluten that may be smoke because his wife had a gluten allergy. He also expressed concern about his property value.

Ms. Elsie Middleton expressed concern regarding additional heavy truck traffic.

Mr. Tom Gibson said he owned property ¼ mile west of the proposed site. He expressed concern about his property value.

Ms. Sherilyn LaDuke said she owned property across the road. She said she liked living in a rural area and expressed concern regarding her quality of life and maintaining that. She wondered if three miles west of Lecompton was where a hog processing site should be located.

Ms. Robin Kofford said Lecompton was a small rural community and that it shouldn’t grow too big and too fast. She wanted to preserve the historic heart and value of the town and keep it on a small local aspect for growth of businesses. She felt this business would compete with her own business, Kroegers Country Meats. She expressed concern about how rendering and waste would be transported. She felt a lot more information was needed for the process.

APPLICANT CLOSING COMMENTS

Mr. Strecker said regarding changing the scenic drive in the area he had to meet the standards put forth by the City so it would not be an eyesore. He said it would match the surrounding area and actually be an improvement with the removal of the trailer home and a brand new facility put on the site. He said the outside of the building would be designed to look like a house. He said regarding property decline, the City put forth guidelines and restrictions for him to follow. He said as long as he was following the restrictions he shouldn’t be affecting anyone’s property value as far as he could tell. He said the perceivable odor could be completely eliminated with an ozone generator because it would add a charge to the particles which would immediately treat and alleviate any odor leaving the property line. He said it would be no more detrimental, as far as odor goes, than someone burning something in their chimney or fire at their house. He said the site used to burn trees, which would have emitted more odors than what he would even come close to. He said his use fit the agricultural aspect by raising cattle and farming. He said now days most farmers needed two jobs to support their families. He stated the size of the facility would maintain small. He said rendering plants emit a horrible smell due to rendering fat, blood, hair, feathers, and guts. He said he would be rendering a clean fat product with water with full utilization of the animal. He said it would be a low emission rendering and that he had done it for years. He stated he was a professional cook for 15 years and was the executive chef at Pachamama’s. He said regarding the size of the facility, he had no intentions to grow into a 10,000 square foot facility. He said regarding truck deliveries, he would get deliveries one day a week, which was less traffic than the Christmas tree farm received during its season. He stated regarding the pet food process, he would be producing a high quality human consumption pet food. He said it would not be distributed on a mass scale.

COMMISSION DISCUSSION

Commissioner Liese asked the Lecompton mayor to respond to public comments.

Ms. Jacquot said many in the Lecompton community were opposed to the project. She said others felt that it would not have much of an impact on the community at all. She said the community was split on the issue. She said additional traffic was a concern and that big trucks should not go through that area at all. She said the majority of comments she heard from residents were in opposition.

Commissioner Liese asked staff to respond to Mr. Kobach’s comments regarding the application not being consistent with the Comprehensive Plan.

Mr. McCullough said staff did not identify any legal issues with the case. He said the Conditional Use Permit was derived out of the County Zoning Code and was intended to fit uses that did not fit nicely into the zoning district. He said they were allowed with a Conditional Use Permit so that Planning Commission could make a recommendations to County Commission that if impacts were mitigated through conditions it could be compatible with adjacent uses. He said staff looks at the Comprehensive Plan but that the Comprehensive Plan operates at a pretty high policy level. He said this was a smaller specific use. He said Mr. Randy Larkin was the city attorney and that the county attorney would have to be consulted if that was their wish.

Commissioner Liese asked Mr. Kobach if he thought this violated the seven Golden Factors that were based on case law.

Mr. Kobach said the legal deficiencies he was referring to were the deficiencies in the application and allowing Planning Commission to make the assessment without sufficient detail. He said several of the Golden Factors would not be satisfied, such as suitability and compatibility, and health and safety with regard to the waste disposal. He said one of the Golden Factors covered odors as well. He said according to County Zoning Regulations 12-306 “the purpose of the district is to provide for a full range of agricultural activities including processing and sale of agricultural products raised on the premises.”

Commissioner Liese said property value was not within the purview of Planning Commission.

Mr. McCullough said Planning Commission was encouraged to make their decision in an informed way with studies or data. He said often times property values have no studies to support the differing opinions on whether or not a particular use will change the property value.

Commissioner Liese said the purpose of the Conditional Use Permit was to deal with the zoning. He stated character and suitability were a concern. He asked staff to comment on conformance with the Comprehensive Plan.

Mr. McCullough said staff made a finding that it was compliant with the Comprehensive Plan as a whole.

Commissioner von Achen asked the applicant to talk further about the waste, such as bones and the heads of the carcass.

Mr. Strecker said the carcass heads could be cooked down into head cheese. He said there would be some waste but the amount would not be any more than a 50 gallon trash can could take care of on a weekly basis.

Commissioner von Achen asked if the meat products would be sitting out in a trash can waiting for the weekly trash service.

Mr. Strecker said no, a healthy premise had to be maintained per the Kansas Department of Agricultural guidelines.

Commissioner von Achen inquired about the type of waste that would be at the site.

Mr. Strecker said many of the bones could be smoked and turned into dog treats. He said backbones could be turned into stock and hooves could be sold for soups. He said it didn’t make sense for him to throw the product away if he could make money off of the full utilization.

Commissioner Sands asked how much unprocessed product the delivery truck would be carrying.

Mr. Strecker said at maximum capacity four hogs per week would be delivered to his site.

Commissioner Sands inquired about where packaging would be.

Mr. Strecker showed a floor plan on the overhead. He said packaging would be in the kitchen preparation area.

Commissioner Sands asked about the size of the cooler.

Mr. Strecker said 8’x8’.

Commissioner Sands asked if the waste would be in cooler before it goes to the curb.

Mr. Strecker said yes. He said there was extra room for refrigeration if needed.

Commissioner Kelly said the staff recommendation stated that noise, light, vibration, or odor associated with the production may not be perceptible beyond the site boundary/property lines.

He said the Douglas County Zoning section on equipment says that in either case the associated noise, light, and vibration from the production operation. He said there was discussion on odor and he wanted to know which to follow.

Ms. Miller said a text amendment was adopted by the County Commission but had not been codified and added to the Zoning Codes due to the Director position not currently being filled. She said odor was added as an offsite impact.

Commissioner von Achen inquired about the concerns expressed regarding the scenic view being disturbed by this. She said the trailer would be removed and a shipping container brought in. She asked staff if screening should be added.

Ms. Miller said if it were just a shipping container than staff would probably recommend screening. She said it would be designed to look more like a home with a roof and paint. She stated it would be set back from the road and would not be an eyesore.

Commissioner Britton asked staff to comment on the sufficiency of the application raised by Mr. Kobach.

Ms. Miller said Mr. Kobach was correct in saying that it was not an agricultural use, which was why it was before Planning Commission tonight. She said agricultural uses were not regulated. She said this particular use was not agriculture which was why it needed a Conditional Use Permit. She said this application was a very typical Conditional Use Permit application.

Commissioner Culver asked about the scale or size.

Ms. Miller said any increase in the Conditional Use Permit activity would have to come back to Planning Commission for the public hearing process.

Commissioner Struckhoff said the Hank Charcuterie meat shop at 19^th and Massachusetts was similar. He asked if they used an ozone generator there.

Ms. Miller said Hank Charcuterie had a smoker and processed pre-slaughtered animals. She did not know if they had an ozone generator.

Mr. Strecker said Hank Charcuterie did not do pet processing at the site and that they were doing more production and selling on the premise. He said Hank Charcuterie did not have an ozone generator. He encouraged people to visit the site to see that there was no odor. He said it was no different than any BBQ restaurant in town that uses a smoker. He said he was willing to modify his program regarding the smell if needed. He said he wants to be compliant.

Commissioner Liese said the Golden Factors were important and they were part of case law for Planning Commission. He asked staff to comment on Golden Factor VI that says “relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.”

Mr. McCullough said essentially it was the evaluation of relative gain/benefits to the community at large versus the benefit of the owners of the subject property.

Commissioner Liese said Mr. Strecker’s experience in food service and his commitment to the community were in his favor. He said he seemed like a trustworthy guy and that he liked the proposal because it passed most the Golden Factors. He said he would still not vote in favor because the community he lived in said that the character of the area would be damaged.

Commissioner Butler inquired about the comparison made between what the applicant proposed and Hank Charcuterie.

Ms. Miller said it was similar. She said Hank Charcuterie had a retail and restaurant component.

Commissioner Butler asked staff if they knew of any complaints regarding odor from Hank Charcuterie.

Ms. Miller said she was not aware of any.

Commissioner Britton said most of the concerns expressed by the public were pretty precisely addressed by the conditions. He said he was not sure how he would vote.

Commissioner Kelly appreciated the public sharing their concerns. He said the County Commission created a value added agricultural use and put certain conditions on that process so it could happen. He felt the applicant had done a nice job of addressing those. He said he struggled with odor because he liked to be able to back up his arguments with data. He said one person may hate the smell of BBQ and another may love it. He said he was not sure how to measure that. He said the public expressed a concern about there not being enough in the application to make a judgement. He cautioned against that argument because there could always be a desire to have more information. He said requiring so much information could discourage entrepreneurial businesses. He felt they had enough information to make a decision. He said he was leaning toward voting in favor of the item. He felt it met the County Zoning standards.

Commissioner Sands expressed concern about the amount of waste being able to fit in the current scope of the plan and that the business had the potential to process 20 hogs a week. He said he was inclined to vote in opposition.

Commissioner Culver said the zoning and uses of property nearby does go to the core of the value added agricultural. He said the small scale of the project with conditions would be a fit. He said regarding the character of the area, the use should be able to fit on the 30 acre site and the character of the area. He said conformance with the Comprehensive Plan talks about the goal of creating local and regional food supply to help become more self-sustainable. He felt that this type of application would fit that goal. He said based on conditions placed on the Conditional Use Permit and findings of fact in staff report he would support it as proposed.

Commissioner Struckhoff agreed with Commissioner Culver’s comments on the character of the area. He said the scale of this operation was a small rural business that went toward the value added agricultural ideals. He suggested possibly limiting the number of hogs or trips per week to contain expansion. He said he lived one block from Hank Charcuterie and never smelled anything unless he was walking behind their building. He said he was inclined to support the item.

Commissioner Britton inquired about the extent to which conditions as proposed would allow or not allow expansion.

Ms. Miller said there was not a condition on volume because they would want it to be successful but there were standards set on physical characteristics. She said the site was limited to two trips a day. She said another condition could limit the number of large trucks to less per week.

Mr. McCullough said it was self-limiting by the size of the building and lockers. He stated that any expansion, if approved, would need to come back through the process. He said he would prefer to set a specific condition that any expansion would go through the public process.

Commissioner Britton asked Mr. Strecker to comment on an additional condition that would limit the number of trips.

Mr. Strecker said there was no way he could facilitate 20 hogs per week. He said he would only be processing approximately 16-20 hogs per month. He said during the first year he would be at the site by himself growing the business. He said a typical hog weighed around 200 pounds and that he was aiming for 95% usage of that.

Commissioner Britton said an additional condition on volume of deliveries may not be necessary given the physical limitations of the site. He said if any physical limitations changed it would go through the whole public process again. He said that could be subject to more discussion at the County Commission level. He said he was confident there wouldn’t be a massive expansion that wouldn’t come back through the public process to make sure it was still compatible with the Golden Factors and character of the neighborhood.

Mr. McCullough said any expansion would need to go back through process. He said any expansion of the building used for production of hogs would go back through public hearing process.

Commissioner Liese inquired about a condition to limit commercial trucks.

Mr. Strecker said his own vehicle would be one vehicle out there. He said the delivery of hogs would be once a week. He also said there may be a UPS delivery from time to time.

Commissioner Liese asked what Mr. Strecker would be comfortable limiting it to.

Mr. Strecker said at a maximum it could be two commercial vehicles per week.

Commissioner von Achen felt it was important to safeguard rural areas. She felt the Golden Factors had been satisfied and that it would be unfair to deny a business that had complied with the standards. She hated to deny it based on the “what ifs.” She said it seemed exactly the kind of business the value added agriculture was intended for. She said she would support this.

Commissioner Britton agreed with Commissioner von Achen. He said the applicant had been very cooperative in saying he would comply with the conditions. He said they could not operate under the assumption that the applicant won’t comply. He asked staff to comment on enforcement of Conditional Use Permits.

Ms. Miller said it was similar to how it works in the city with Special Use Permits. She said complaints would be made to the County Zoning and Codes department. She said they would investigate and issue cease and desist letters and stop activity if they are not in compliant. She said they could work with the applicant to bring them into compliance. She said the County Commission could revoke, suspend, or amend a Conditional Use Permit.

Commissioner Britton said he was inclined to support this because the conditions staff proposed should meet most the objections of the neighbors. He said it was important that when someone had a business idea that was consistent with the Golden Factors that they be able to determine the highest and best use of their property. He appreciated the comments from the public.

Lecompton Planning Commission did not have an official vote due to receiving information after their meeting.

Commissioner Struckhoff said the truck traffic issue existed before this and he didn’t want to see a business not succeed because of another businesses practices.

ACTION TAKEN

Motioned by Commissioner Struckhoff, seconded by Commissioner Britton, to approve the Conditional Use Permit, CUP-15-00229, for a specialty meat processing shop, a Value-added Agricultural Business use, based on the staff report and Golden Factors, subject to the following conditions:

1. The following standards apply to the use:

a. A maximum of 4 full-time equivalent employees are permitted.

b. Structures are required to comply with commercial building code requirements if used for more than the storage of agricultural commodities.

c. Noise, light, vibration, or odor associated with the production may not be perceptible beyond the site boundary/property lines.

i. If necessary, an Ozone Generator shall be installed on the smoker to manage smoke and odor.

d. The production of the value-added product must comply with EPA water and air quality standards.

e. All equipment used in the production of the value-added product shall be located wholly within a building or structure or be screened from the pubic rights-of-way and adjacent residential buildings.

f. Product shall be stored within a building or structure so that it is not visible from the property lines.

g. Deliveries from commercial vehicles with a GVW (Gross Vehicle Weight) that exceeds 5 tons in capacity are limited to no more than 2 trips (to and from the site) per week.

h. Slaughtering is not permitted on the premises.

i. No retail sales shall occur on the premises.

2. Any increase to the building size will be processed through the Planning Commission public hearing process.

3. A new septic system shall be installed prior to the operation of the use, per Health Department approval.

Motion carried 6-2, with Commissioners Liese and Sands voting in opposition.

PC Minutes 7/22/15

Commissioner Liese excused himself from the rest of the meeting.

ITEM NO. 2 SPECIAL USE PERMIT FOR 2110 HARPER ST (BJP)

SUP-15-00241: Consider a Special Use Permit for an Institutional Development Plan for the Douglas County Fairgrounds Master Plan located at 2110 Harper St. The plan includes the removal of several existing buildings, barns and the baseball fields and construction of a new Open Pavilion Building, Meeting Hall, Outdoor Meeting Area and restrooms. The plan also includes removal and replacement of the Outdoor Arena. Parking and interior circulation areas will also be modified and improved. Improvements are being made to provide code compliant facilities to serve a variety of Community Facility activities that take place at the fairgrounds. Submitted by Landplan Engineering & Treanor Architects on behalf of Douglas County, property owner of record.

STAFF PRESENTATION

Ms. Becky Pepper presented the item.

APPLICANT PRESENTATION

Mr. CL Maurer, Landplan Engineering, provided a presentation and overview of the project.

PUBLIC HEARING

Ms. KT Walsh inquired about the gravel cut-thru road that connected 19^th Street to 23^rd Street.

Ms. Sarah Plinsky, Interim County Administrator, said that was a private drive and it was closed.

Mr. Paul Rahua wondered how the staging of animals would be placed so that they don’t run out in the street. He said he would like to see a fence east of the arena. He also expressed concern regarding the horse waste from shows.

APPLICANT CLOSING COMMENTS

Mr. Maurer said the staging area would be north of the open pavilion. He said they would look into the fence issue.

COMMISSION DISCUSSION

Commissioner Culver thanked the County for their willingness to update and upgrade the facility. He said he was glad to see in the plan that a photometric review would make sure light was not shining toward the residential areas and that runoff would be addressed.

Commissioner Butler asked the applicant about additional buildings and increased traffic going to the fairgrounds and if it would be during the summer months or the school year.

Ms. Plinsky said the fairgrounds were used year round. She said the hope was that it could handle the existing capacity. She stated that it would not necessarily impact the school district any more than now.

Commissioner Butler asked Ms. Plinsky to respond to the public question about parking.

Ms. Plinsky said parking was increased onsite with this plan by taking the ball fields out. She said the space would be used more efficiently.

Commissioner Kelly asked if the plan had a washing area on the east side which would allow for staging.

Mr. Maurer said that was correct.

Commissioner von Achen inquired about the ball fields being removed.

Ms. Plinsky said the current ball fields were not maintained or played on. She said they were just practice facilities used by the neighbors.

Mr. McCullough said the Parks and Recreation Department were aware.

Ms. Pepper said the leagues no longer use the facilities due to ADA issues.

Commissioner von Achen inquired about the amount of increased square footage/footprint.

Ms. Plinsky said the square footage was only the addition of one barn.

ACTION TAKEN

Motioned by Commissioner Kelly, seconded by Commissioner Bulter, to approve Special Use Permit, SUP-15-00241, for an Institutional Development Plan (IDP) for the Douglas County Fairgrounds Master Plan located at 2110 Harper Street and forwarding the request to the City Commission with a recommendation of approval, subject to the following conditions:

1. Dedicate the 15’ utility easement and 20’ sanitary sewer easement by separate instrument.

2. Applicant shall request a waiver for the gravel roadway from the City Engineer. If approved, the site plan will be updated to include note regarding waiver.

3. Prior to release of the SUP, applicant shall provide the following:

a. A photometric plan including lighting fixture details for review and approval prior to issuance of a building permit.

b. Details requested during SUP review by Utility Manager and Stormwater Engineer for further review and approval.

c. Revised site plan that includes:

i. A note referencing the Book & Page for the files 15’ utility easement and 20’ sanitary sewer easement.

ii. Updated Landscape Schedule to include perimeter parking lot landscaping

d. Execution of a site plan performance agreement.

4. Filing the approved IDP at the Register of Deeds and publication of an ordinance for the Special Use Permit.

Commissioner Britton said this sounded like a good plan.

Unanimously approved 7-0.

PC Minutes 7/22/15

ITEM NO. 3 PRD TO RM15; 9.818 ACRES; 2101 EXCHANGE CT (KES)

Z-15-00243: Consider a request to rezone approximately 9.818 acres from PRD (Planned Residential Development) District to RM15 (Multi-Dwelling Residential) District, located at 2101 Exchange Ct. Submitted by CFS Engineers, for Southwind Capital LLC, property owner of record.

STAFF PRESENTATION

Ms. Katherine Simmons presented the item.

APPLICANT PRESENTATION

Ms. Katherine Stinebocker, CFS Engineers, was present for questions.

PUBLIC HEARING

No public comment.

ACTION TAKEN

Motioned by Commissioner Kelly, seconded by Commissioner Culver, to approve the rezoning request (Z-15-00243) from PRD (Planned Residential Development) District to RM15 (Multi-Dwelling Residential) District for 2101 Exchange Ct and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

Unanimously approved 7-0.

PC Minutes 7/22/15

ITEM NO. 4 SPECIAL USE PERMIT FOR 1045 PENNSYLVANIA ST (BJP)

SUP-15-00256: Consider a Special Use Permit to permit a Limited Manufacturing & Production business that will manufacture and sell dog treats on-site in the existing building located at 1045 Pennsylvania St. Submitted by Gary & Angie Rexroad, property owners of record.

STAFF PRESENTATION

Ms. Becky Pepper presented the item.

APPLICANT PRESENTATION

Ms. Angie Rexroad said she and her husband started a pet food business two years ago and that it was growing. She said recently they purchased the rights to a brand and purchased 1045 Pennsylvania for production. She said the site was a good fit for their expansion plans. She said they would lease the front of the building to a retail pet business. She said they held a neighborhood open house and talked to the neighbors and neighborhood association. She said all of the feedback was positive.

PUBLIC HEARING

No public comment.

COMMISSION DISCUSSION

Commissioner von Achen said it sounded like a good fit for the location.

Commissioner Britton said he liked older buildings being used for infill.

ACTION TAKEN

Motioned by Commissioner von Achen, seconded by Commissioner Sands, to approve a Special Use Permit (SUP-15-00256) to permit a Limited Manufacturing and Production business in the existing building located at 1045 Pennsylvania and forwarding the request to the City Commission with a recommendation of approval.

Unanimously approved 7-0.

PC Minutes 7/22/15

ITEM NO. 5 SPECIAL USE PERMIT FOR 804 PENNSYLVANIA ST (MKM)

SUP-15-00261: Consider a Special Use Permit for a Bar located at 804 Pennsylvania St. Submitted by Flint Hills Holdings Group LLC, for Ohio Mortgage LLC, property owner of record.

STAFF PRESENTATION

Ms. Mary Miller presented the item.

APPLICANT PRESENTATION

Mr. Tom Larkin showed an updated exhibit on the overhead. He provided background on the project. He said he had yet to attract an operator due to their concerns about the pending variables with the Special Use Permit process. He said food trucks would remain a staple of the concept and food would be sold from inside the building as well. He said he met with neighbors and tried to address their concerns. He drafted an operator agreement that he proposed to be separate from the Special Use Permit that touched upon things that were not relevant to the Special Use Permit. He said the agreement would include such things as using washable silverware instead of disposable silverware, trash cans painted by Van Go, and additional recycling reciprocals. He said efforts had been made to reduce noise concerns. He said he was invested in the Bistro and the neighborhood and was in it for the long run. He felt the Special Use Permit was a good compromise for both the Bistro and the neighborhood. He said the use was consistent with the area.

PUBLIC HEARING

Mr. Phil Collison, East Lawrence Neighborhood Association, said he was ready for the item to go to litigation. He expressed concern regarding the closing time, food service, and noise. He stated the Special Use Permit was getting close but he wanted something measurable so that it would be easy to determine. He said he was looking forward to having a restaurant at that site. He liked the aspects of a restaurant over the aspects of a bar. He hoped the Special Use Permit could get to some standards that the neighborhood could live with and allow it to be a successful restaurant.

Ms. KT Walsh expressed concern about food being served, noise, and the closing time. She felt they needed to protect downtown from becoming Aggieville in Manhattan. She stated noise was an issue and the neighbors on New Jersey Street were concerned. She felt the noise ordinance needed to be tweaked and possibly include a decimal level that was appropriate for residential areas.

Ms. Peggy Robinson expressed concern about the noise level and emissions from food trucks. She also wondered about the 3 hour time limit for the food trucks.

Mr. Arch Naramore said the plan was bad.

APPLICANT CLOSING COMMENTS

Mr. Larkin said regarding the food sales requirement the 55% was removed because they needed to be able to have a measurable that was observable. He said that was where the idea for having a substantial food item at all times was set up. He said having substantial food items for sale at all times requires staffing, inventory, and infrastructure. He stated there was no incentive not to push food sales once the parameters were in place. He said he had every reason to try and sell as much as he could. He said selling food items would keep people on the property longer to buy beverages. He said regarding noise from food trucks, the site plan required power for them to plug into so they wouldn’t have to use generators.

COMMISSION DISCUSSION

Commissioner Sands asked the applicant why the 55% food sales was unachievable.

Mr. Larkin said it wasn’t necessarily unachievable but it was hard to sell that to an operator using food trucks as a model because there was not a precedent showing how much they could sell.

He stated the food truck concept was not healthy enough in Lawrence because there weren’t enough places to sell yet.

Commissioner Britton asked staff for the dates of when they saw this item in the past.

Ms. Miller said the rezoning was before them in 2011 to rezone from CS to RM12D and there was a non-conforming duplex there at the time. She said in 2013 it was rezoned back to CS and the applicant requested the bar use. She said staff recommended setting standards on it and that was when they opted to have two years to meet the 55% food sales. She said in May of 2015 the applicant came back with the request and staff recommended the Special Use Permit rather than putting standards on the zoning.

Commissioner Kelly said he struggled with this item. He said he was comfortable when Planning Commission was charged was land use and looking at the Development Code, but he was uncomfortable when an applicant asks for Planning Commission to remove conditions so their business can work. He said one neighbor might say 11:00pm is too late for music while another may say no music at all. He felt that was a tricky role for them to balance. He said one thing he struggled with was the idea that the choice was given for the applicant to either accept the 55% rule or become a bar with conditions of the Special Use Permit. He said if the applicant doesn’t want either he would be inclined to vote against it. He said the neighborhood wanted food and there were some provisions for food. He said a win-win outcome almost never happens for both sides of an issue.

Commissioner Sands said food trucks were small businesses that were required to provide proof of sales for taxes so he was confused as to why they can’t participate in tracking sales.

Commissioner Britton said from a business proposition they were afraid to make the investment of being there and signing an agreement to be there for a certain amount of time if they would have to meet the 55% and get the receipts from the operators.

Mr. Larkin said the City cannot request the sales reporting to IRS for food trucks. He said there would be multiple businesses operating at the Bistro.

Commissioner Culver said a lot of progress had been made in trying to create a compromise with the invested parties. He said the conditions protected the neighbors but also allowed for an operator at that site. He felt there was still some disconnect on the operating hours and what could be used outside. He said he was struggling with the fact that limiting it would make it harder for an investor to feel confident that they were able to competitively build a business. He said food sales would be part of this without over-structured requirements. He asked about any benefit to putting a timeframe on it.

Mr. McCullough said generally the investment to go in and construct a facility like this moves it away from a timeframe. He said the applicant could always request to revise the Special Use Permit to change the framework in the future, if needed.

Commissioner Britton said he was bothered that they had seen this item three to four times. He felt noise could be the main impact on the neighborhood and wanted to mitigate that.

Commissioner von Achen said she was satisfied with the food issue. She said the hours of operation boiled down to what kind of noise would be going on during those hours of operation. She said to her the amplified music was the sticking point.

Commissioner Kelly looked up the recent George Clinton concert and said it ended at 10:00pm. He said he was encouraged that the applicant was willing to restrict the number of days. He felt they should reduce the amount of music time. He said he was satisfied with the food sales.

Commissioner Britton asked the applicant if the food trucks would run off power and not generators.

Mr. Larkin said yes.

Commissioner Sands asked if the engine to the food truck would be turned off as well.

Mr. Larkin said yes.

Commissioner Butler inquired about the hours of operation.

Mr. Larkin said they intended to open for breakfast and if food trucks wanted to be there we would encourage that. He said the idea is to have the food truck rotate. He said the hours would be dependent on the operator but generally 7:00am-2:00am and food trucks would most likely not be there the entire time.

Commissioner Struckhoff asked if the applicant preferred to omit the operation hours from the restrictions. He said that would mean people would be on the porch until the truck left at 2:00am.

Mr. Larkin said yes.

Commissioner Struckhoff said he was comfortable with food conditions. He thought the live music needed some tweaking. He said regarding the operating hours on the outside he struggled with that. He said the nearest residence was a block away on New Jersey Street.

Mr. Larkin said he would like the food trucks to be on site to the end of the establishment hours. He said if the inside was open and the patio was not there would be weird in between section going on. He said they did not intend for anything other than conversation to be going on outside.

Commissioner Culver suggested looking at reducing the times and days of the week that amplified music would be allowed. He said he would support reducing the time for amplified music and operating hours of outdoor seating. He felt that could be the best way to protect the neighborhood from noise.

Commissioner Struckhoff suggested possible restrictions during weeknights. He said a food truck parked on Pennsylvania facing north/south might provide a buffer between the patio and houses on New Jersey Street. He said he liked the idea of people sitting outside and less amplified music overall.

Commissioner Britton said he would be uncomfortable allowing amplified music for multiple nights.

He suggested adjusting condition D to say live music allowed Thursday-Saturday until 9:00pm. He said he would support this with that change to amplified music. He suggested getting rid of the restrictions on the outdoor seating area and let it stay open until closing.

Commissioner Kelly suggested that exterior amplified music on the outside shall cease at 9:00pm.

Commissioner Britton said he struggled with ambient level and how to enforce or define that. He said a bar/socializing area without music would be pretty dull.

Mr. McCullough said staff worked with the noise ordinance all the time and that police ticket people and bars for being too loud. He said a condition to go by would be helpful.

Commissioner Britton said if you’re in a nearby house/structure and can hear the music after a certain time then it’s too loud.

Mr. McCullough said the idea behind the condition for ambient music was to create atmosphere, not music to get up and dance to or karaoke to.

Commissioner Sands said the sound ordinance for vehicles was 50’.

Mr. John Gascon said the rail track was 100’ away from his home and that he was not concerned about the noise from this particular endeavor.

Ms. Robinson said she loved the sound of the train. She said the George Clinton concert and Replay Lounge that were mentioned were downtown.

Commissioner Britton suggested amplified live music be allowed Thursday-Saturday until 9:00pm and Sunday until 8:00pm. He said all other music shall be kept to an ambient level, not perceptible beyond 50’ of the subject property. No amplified music Monday-Wednesday.

Commissioner Struckhoff suggested amplified live music be allowed Friday and Saturday until 10:00pm but said he was comfortable with 9:00pm. He said the nearest house was almost 200’ away on New Jersey Street.

Commissioner Britton suggested getting rid of condition 3C.

ACTION TAKEN

Motioned by Commissioner Britton, seconded by Commissioner Sands, to approve a Special Use Permit, SUP-15-00261, for a Bar at 804 Pennsylvania Street subject to the following conditions:

1. Prior to release of the Special Use Permit for issuance of a building permit the applicant shall provide an executed site plan performance agreement to the Planning Office.

2. Any physical changes to the site which are required as a result of this Special Use Permit must be reviewed and approved by the Historic Resource Commission prior to the release of the site plan for building permits.

3. The following standards apply to this use:

a. Occupancy. No more than 75 persons may be within the outside dining area at any one time. The interior of the building is limited to no more than 44 persons by the Fire Code. (The site shall be signed with this occupancy limit.)

b. Seating. The number of tables and chairs, as shown on the approved site plan, shall be provided to patrons during all hours that the outside dining area is open, including during Temporary Special Events.

c. ~~Operating Hours. The outdoor seating area shall be closed (unoccupied) at 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. Business hours inside the building are unrestricted.~~

d. Sound Level. Amplified live music on the outside dining area shall be permitted only on the following days and times: Thursday through Saturday until 9:00 p.m. and Sunday until 8:00 pm. ~~cease at 10:00 p.m. Sunday through Thursday, and at 11:00 p.m. Friday and Saturday~~. Other music (live acoustical and digital or stereo sources) is permitted at any time but must be kept to ambient levels, not perceptible past 50 ft from the property line. ~~shall be kept at an ambient level after those times.~~

e. Outside Seating Area. A 4 ft high railing should be installed along the 18” wall around the outdoor seating area to clearly demarcate the area and prevent patrons from spilling over into the parking area.

f. Food Sales:

i. Food shall be available for purchase at all times the establishment is open. The food may be provided within the building or by food trucks on site.

ii. The food shall consist of menu items more substantial in nature than the typical nuts and/or popcorn offered at bars. Items such as pastries, breakfast food, sandwiches and sides, or meals will meet the intent of this requirement.

4. Provision of a revised site plan with the following changes:

a. Addition of a note listing the standards applied with this SUP to the Bar use.

b. Addition of a note listing the revised restricted uses per Zoning Ordinance No. 9101.

c. Addition of a 4 ft high railing along the 18” high wall around the outdoor seating area.

Commissioner Butler asked if other music would only be Thursday thru Sunday.

Commissioner Britton said other music, at an ambient level, would be allowed at all times not perceptible past 50’.

Unanimously approved 7-0.

PC Minutes 7/22/15

GENERAL PUBLIC COMMENT

Ms. Eileen Smith discussed copper laden water coming out of her pipes that was making her sick. She referenced Erin Brockovich and her case regarding contaminated drinking water. She said the water coming out of her pipes was blue. She stated she was not sure if she should go to City or her landlord first. She wondered about the process for water quality. She wondered if the issue was related to corroded copper pipes. She said she needed help paying for it to be tested.

Commissioner Britton said that Planning Commission could unfortunately not do anything about her water.

Mr. McCullough asked Ms. Smith to get with staff member Sheila Stogsdill for her to look into.

PC Minutes 7/22/15

ITEM NO. 6 PRELIMINARY PLAT FOR NORTH LAWRENCE RIVERFRONT ADDITION; 401 NORTH 2^ND ST (SLD)

PP-2-1-12: Consider a Preliminary Plat for North Lawrence Riverfront Addition, located at 401 North 2^nd Street. This subdivision includes variances related to block length, right-of-way dedication for N. 2^nd Street as a principal arterial, and connection of a local street to an arterial street. Submitted by Paul Werner Architects, for North Mass Redevelopment, LLC, Douglas County Kaw Drainage District, City of Lawrence, Kaw River Estates, LLC, HDD of Lawrence LLC, D & D Rentals of Lawrence LLC, Jeffrey W. Hatfield, Exchange Holdings LLC, Loosehead Investments LLC, and Riverfront Properties of Lawrence LLC, property owners of record.

STAFF PRESENTATION

Ms. Sandra Day presented the item.

APPLICANT PRESENTATION

Mr. Paul Werner, Paul Werner Architects, was present for questioning.

PUBLIC HEARING

No public comment.

ACTION TAKEN on Variances

Motioned by Commissioner Kelly, seconded by Commissioner Culver, to approve variances:

1. Staff recommends approval of a block length in excess of 800’.

2. Staff recommends approval of reduced right-of-way dedication for N. 2^nd Street as a principal arterial street.

Unanimously approved 7-0.

ACTION TAKEN on PP

Motioned by Commissioner Kelly, seconded by Commissioner Culver, to approve Preliminary Plat for North Lawrence Riverfront Addition, PP-2-1-12, subject to the following condition:

1. Provision of a revised drawing to include access around tower per staff approval.

Unanimously approved 7-0.

PC Minutes 7/22/15

Commissioner Kelly abstained from Items 7A-7E and left the meeting.

ITEM NO. 7A CN2 TO OS; .193 ACRES; 6300 BOB BILLINGS PKWY (SLD)

Z-15-00244: Consider a request to rezone approximately .193 acres from CN2 (Neighborhood Commercial Center) District to OS (Open Space) District, located at 6300 W Bob Billings Pkwy. Submitted by Tim A Herndon, for RSR Holdings LLP, property owner of record.

ITEM NO. 7B OS TO CN2; .992 ACRES; 6300 BOB BILLINGS PKWY (SLD)

Z-15-00245: Consider a request to rezone approximately .992 acres from OS (Open Space) District to CN2 (Neighborhood Commercial Center) District, located at 6300 W Bob Billings Pkwy. Submitted by Tim A Herndon, for RSR Holdings LLP, property owner of record.

ITEM NO. 7C RM24, RM12D, RS7 TO RS5; 11.15 ACRES; 6300 BOB BILLINGS PKWY (SLD)

Z-15-00251: Consider a request to rezone approximately 11.15 acres from RM24 (Multi-Dwelling Residential) District, RM12D (Multi-Dwelling Residential) District, RS7 (Single-Dwelling Residential) District to RS5 (Single-Dwelling Residential) District, located at 6300 Bob Billings Pkwy. Submitted by Tim Herndon, for RSR Holdings LLP, property owner of record.

ITEM NO. 7D RM12D TO RS5; 3.255 ACRES; 6304-6323 SERENADE CT (SLD)

Z-15-00252: Consider a request to rezone approximately 3.255 acres from RM12D (Multi-Dwelling Residential) District to RS5 (Single-Dwelling Residential) District, located at 6304-6323 Serenade Ct. Submitted by Tim Herndon, for RSR Holdings LLP, property owner of record.

ITEM NO. 7E PRELIMINARY PLAT FOR LANGSTON COMMONS; BOB BILLINGS PKWY & LANGSTON WAY (SLD)

PP-15-00246: Consider a Preliminary Plat for Langston Commons, located northwest of Bob Billings Pkwy and Langston Way. This subdivision includes 17.5 acres for neighborhood commercial development and 48 lots for residential development. Submitted by BG Consultants, for RSR Holdings LLP and KS Secretary of Transportation, property owners of record.

STAFF PRESENTATION

Ms. Sandra Day presented items 7A-7E together.

APPLICANT PRESENTATION

Mr. Tim Herndon was present for questioning. He said regarding the sidewalk, the Zoning Code required sidewalks on both sides of the street. He said they extended two sidewalks to the west from Langston Heights development to tie into the South Lawrence Trafficway recreation path.

PUBLIC HEARING

Mr. Michael Kelly said Mr. Herndon was 99% right about the sidewalk issue. He said there were great connections to pathways and sidewalks on both sides of the street. He was in favor of the project but felt there should be direct pedestrian access from all directions to the school. He felt the developer should dedicate a pedestrian easement and construct a concrete pathway. He referenced Transportation 2040 and Horizon 2020 and the best practices that were not being complied with from the documents.

Dr. Rick Doll, Lawrence School District Superintendent, agreed with the staff recommendation. He did not feel the playground greenspace west of Langston Hughes should be dissected by a sidewalk that was not needed.

Mr. Matt Crawford expressed concern regarding the RS5 zoning off Silver Rain and felt it should be zoned RS7. He felt the sidewalk access was good already.

APPLICANT CLOSING DISCUSSION

Mr. Herndon felt there were plenty of sidewalks. He said Mr. Kelly was suggesting an additional 900 feet of unnecessary sidewalk that would not be lit or within the public view.

COMMISSION DISCUSSION

Commissioner von Achen asked about crossing guards at Harvard.

Dr. Doll said there was a City provided crossing guard at the Harvard roundabout.

Commissioner von Achen asked if kids were running across the street where they shouldn’t be crossing.

Dr. Doll said on the school property there were sidewalks for children to travel and cross safely. He said some parents park across the street and kids run across. He said he did not necessarily know how to stop that.

Mr. Kelly said parents parking on the north side of Diamondhead Drive was an issue that the school community should address. He said the crossing guard on the southeast corner of the Harvard traffic circle was only 5’4” tall and that she could not see over the 6’ vegetation to see the northwest corner where kids come down.

Commissioner Britton asked staff to respond to Mr. Kelly’s description of Transportation 2040 stating there should be direct access to schools.

Mr. McCullough said staff respectfully disagreed with Mr. Kelly’s interpretation of the Code issues. He said if the school didn’t have the extension of Renaissance Drive from the west into the property on their capital improvement plan staff would likely be submitting the condition themselves. He said staff agreed that there needed to be multiple, reasonable access points to a public institution like a public school. He said staff believed they were fulfilling that policy of Transportation 2040 through the future Renaissance Drive extension. He said in terms of the block length, if the block exceeded 800’, a connection through the block to another public way, not another property development, would be required. He stated staff believed the site was Code compliant as presented.

Commissioner Culver said he would support the recommendation by staff. He said from a safety standpoint the other two potential access points would not be lit or in plain sight.

Commissioner Britton agreed with Commissioner Culver.

ACTION TAKEN on Item 7A

Motioned by Commissioner Culver, seconded by Commissioner von Achen, to approve the request to rezone (Z-15-00244) approximately .193 acres, from CN2 (Neighborhood Commercial) District to OS (Open Space) District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval.