January 23 & 25, 2006
Meeting Minutes
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January 23, 2006 – 7:00 p.m.
Commissioners present: Burress, Eichhorn, Erickson, Ermeling, Jennings, Haase, Krebs, Lawson and Riordan
Staff present: Stogsdill, Day, Patterson, Miller, and Leininger
_______________________________________________________________________
MINUTES
Ermeling requested public clarification on Item No. 15 – Bauer Farm, that the project no longer be called New Urbanism and that Mr. Treanor had conceded that the proposal was not a pure New Urbanist project, but a hybrid plan that included many New Urbanist design elements.
Motioned by Eichhorn, seconded by Krebs to approve the December 2005 minutes as revised.
Motion carried unanimously, 9-0.
COMMITTEE REPORTS
CDC: The committee continues to meet every other week and is reviewing the Smart Code. Presentations have been made to various community groups.
PARKS: The committee met again to review the comments provided by the City and County Commissions on the Parks Chapter and the revised document is on the agenda this month.
T2030: The committee met to continue work on the long-range transportation plan update. The group anticipated completion in 2007 and was discussing other community interests that should be involved in the process.
CPC: The committee has asked for direction from the City Commission on how to proceed with the Southeast Area Plan revisions in light of mixed direction received from the City and County Commissions.
PCMM: The Commission received a presentation on the North Lawrence Drainage Study.
ITEM 2 - Revised Final Development Plan for Canyon Court Apartments
· Letter from Deborah Dillon, president of the Joseph Drive Neighborhood Association, expressing concern with the lack of a landscaping barrier between the Planned Commercial Development and the existing single family residence. The letter also explained the Neighborhood Association’s stance on the basketball court and their views of the recommendations in the Staff Report.
· Memo from Staff responding to the concerns expressed in the Joseph Drive Neighborhood Association letters.
ITEM 3 - Final Plat for Cypress Park Addition; 1801 Learnard Avenue
· E-mail from Patricia Sinclair, neighboring property owner, requesting that the Planning Commission deny the Final Plat. The request is supported by these reasons: it does not comply with City zoning requirements, and was brought to this point by erroneous procedures in violation of the city code and/or Kansas Statutes.
ITEM 6B - Rezoning from I-1 & A to M-1; 17.889 Acres; South of K-10 Highway Between O’Connell Road and Franklin Road
· Revised page 1 of Staff Report with revised Staff recommendation to correct a typographical error.
ITEM 8 - Rezoning RM-3 to RM-1; 2.19Acres; 1515 W 7th Street
· Letter from Peter Whitenight, owner of subject property, stating his preference for the RM-2 zoning classification over the proposed RM-1 classification.
ITEM 9 - Hierarchy of Plans
· Letter from the League of Women Voters of Lawrence-Douglas County suggesting revised language to clarify the separate purpose and function of each of the plans.
ITEM 13 - Preliminary Development Plan for Northgate Commercial;
· Staff Report for the PDP for Northgate Commercial with staff recommendation.
· Memo to Planning Staff describing the proposed development and providing photos of the area.
MISC ITEM 1 - Final Development Plan for Delaware Commons Co-Housing Project;
· Memo from Planning Staff recommending approval of a 6 month extension. Applicant’s letter requesting an extension is included.
EX PARTE / ABSTENTIONS / DEFERRAL REQUESTS
· Commissioner Lawson indicated he would abstain from Item No. 11.
· Items 2, 3, and 4 were pulled from the Consent Agenda by the Commission.
· The remainder of the Consent Agenda was approved unanimously as presented.
· Commissioner Burress suggested that the Commission take public testimony on non-public hearing items (that involve revisions) based on the premise that if the changes proposed would have been made in advance, the neighborhood would have had an opportunity to comment at the public hearing stage. [comment related to Item No. 2].
PC minutes 01/23/06
ITEM NO. 1: FINAL DEVELOPMENT PLAN FOR FAIRFIELD FARMS MULTI-FAMILY; SOUTHWEST CORNER OF K-10 HIGHWAY & O’CONNELL ROAD (SLD)
FDP-08-13-05: Final Development Plan for Fairfield Farms Multi-Family. This proposed multiple-family residential development contains approximately 17.3457 acres and proposes construction of 55 townhouses and 205 apartments. The property is generally described as being located at the southwest corner of K-10 Highway and O’Connell Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, LLC, property owner of record.
ACTION TAKEN
Motioned by Eichhorn, seconded by Krebs, to approve the Final Development Plan for Fairfield Farms Multi-family based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
2. Provision of an addressing scheme with the Final Development Plan to be recorded.
3. Execution of a site plan performance agreement by the owners.
4. Provision of a photometric plan prior to release of the Final Development Plan for issuance of a building permit.
5. Submission and approval of public improvement plans to Public Works Department and including language that states improvements shall be installed and acceptance by the City before release of the Final Development Plan for issuance of building permits
Motion carried unanimously, 9-0, as part of the Consent Agenda.
PC minutes
01/23/06 & 01/25/06
ITEM NO. 2: FINAL DEVELOPMENT PLAN FOR CANYON COURT APARTMENTS; 700 COMET LANE (SLD)
FDP-11-17-05: Revised Final Development Plan for Canyon Court Apartments. The property is generally described as being located at 700 Comet Lane. The revised plan proposes the addition of a basketball court. Submitted by Robert Green for First Management, property owner of record.
STAFF PRESENTATION
Ms. Day introduced the item, a revised final development plan to show the location of a basketball court added earlier in the year. She noted that this application was a result of a zoning violation and that the applicant was revising the plan for compliance.
APPLICANT PRESENTATON
Robert Green, representative for the applicant was available to answer questions.
PUBLIC COMMENT
Julia Rombough, Joseph Drive Neighborhood Association and area resident, 705 Joseph Drive, noted that calls to the Lawrence Police were required to gain compliance. Concerns expressed including the provision of a 6’ wood fence that would leave the existing tree line intact. Provision of landscaping and addressing the current drainage problems. Landscape needed to be updated and should be a public review item. A cutoff time for play should remain set at 9:00 P.M. and there should be some documentation to declare a nuisance and result in the removal of the basketball court.
COMMISSION DISCUSSION
Commissioner Eichhorn stated that a note to be added should use the nuisance ordinance language to set definite limits that the property can be judged against.
Commissioner Burress stated that he did not support the use of private property for “public access” in response to comments that neighborhood children used the court.
Vice Chair Krebs asked for clarification of what was deemed to be excessive noise?
Ms. Stogsdill responded that a good reference to the disorderly house ordinance could be used to quantify that threshold.
Commissioner Jennings referred to the Holcom facility and noted a need to control lighting as an effective means to control activity. (Courts will not be used if they are not lighted.)
Chairman Riordan concurred with that statement.
Debra Dillon stated she supported these conditions if enforced and noted that late night play is by the residents.
ACTION TAKEN
Motioned by Krebs, seconded by Ermeling, to approve the revised Final Development Plan for Canyon Court Apartments based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Revision of the Final Development Plan to include the following:
a. Provision of a 6’ wood fence along the east property line [in a location to leave the existing tree line intact] a minimum of 180’ from the south property line;
b. Addition of 3 evergreen trees (6’ to 8’ height) at the east end of the court within the 35’ peripheral setback and a second row of evergreen vegetation at the end of the east side of the basketball court per the approval of the City Parks Department;
c. Provision of a revised Final Development Plan to update the landscape plan per Staff Approval;
d. Provision of a revised Final Development Plan to note that rules regarding use of the basketball court shall be posted on site and posting of rules for use of the court and notice that play shall cease not later than 9:00 P.M.
e. Provision of a note that states the City may require the removal of the basketball goals and/or the return of the court to turf in the development plan, if Neighborhood Resources finds nuisance complaints as per the nuisance ordinance (ord. 7962) cannot be resolved.
f. Building lighting shall be revised to provide shields to cut-off lighting to the basketball court
g. Revising grading to repair run-off around newly constructed basketball court.
2. Execution of a site plan performance agreement.
Motion carried with a vote of 8-1
PC minutes 01/23/06
ITEM NO. 3: FINAL PLAT FOR CYPRESS PARK ADDITION; 1801 LEARNARD AVENUE (PGP)
PF-11-43-05: Final Plat for Cypress Park Addition. The property is generally described as being located at 1801 Learnard Avenue. This proposed five-lot single-family residential subdivision contains approximately 2.229 acres. Submitted by Peridian Group, Inc., for Steve Standing, property owner of record.
STAFF PRESENTATION
Mr. Patterson introduced the item, a Final Plat for Cypress Park Addition, a five-lot single-family residential subdivision located at 1801 Learnard Avenue. The 2.229 acre plat contains an existing house and accessory structure/garage located on proposed Lot 3.
The Preliminary Plat was denied by the Planning Commission on July 25, 2005.
On November 8, 2005, the City Commission held a de novo hearing, per the applicant’s request and approved the Preliminary Plat.
On December 12, the Planning Commission concurred with the City Commission’s action on the Preliminary Plat approval, with a 5-4 vote.
Staff recommended the Planning Commission approved the Final Plat as it conforms to the Preliminary Plat approved by the City Commission in a de novo hearing, and subject to the five conditions as listed in the staff report.
APPLICANT PRESENTATON
Mike Keeney, Peridian Group, representing the applicant, made a presentation and stated the applicant was in agreement with the suggested conditions of approval of the Final Plat.
COMMISSION DISCUSSION
The Planning Commission discussed the Final Plat and how it conforms to the Preliminary Plat approved by the City Commission in the De Novo hearing, and how the proposed plat fits into the existing neighborhood.
Commissioner Eichhorn expressed his concern with the flag lot configuration.
ACTION TAKEN
Motioned by Commissioner Lawson seconded by Commissioner Krebs, to approve the Final Plat for Cypress Park, subject to the following conditions, as listed in the Staff report:
Motion carried, 5-4 with Commissioners Lawson, Krebs, Haase, Riordan and Erickson in favor of the motion to approve, and Commissioners Burress, Jennings, Ermeling, and Eichhorn opposed to the motion.
PC minutes 01/23/06
ITEM NO. 4: FINAL PLAT FOR PIONEER RIDGE GOLF ESTATES; 408 HOMESTEAD DRIVE (MKM)
PF-12-45-05: Final Plat for Pioneer Ridge Golf Estates, a replat of Lot 11, less the north 20 feet, all of Lot 12, and Lot 13, less the west 30 feet, Block 15, Pioneer Ridge. This proposed three-lot single-family residential subdivision contains approximately 1.233 acres. The property is generally described as being located at 408 Homestead Drive. Submitted by Landplan Engineering, for John A. and Deanell R. Tacha, property owners of record.
Pulled from Consent Agenda by Planning Commission, as requested by neighboring property owners, for additional discussion.
STAFF PRESENTATION
Ms. Miller introduced the item, a final plat for a 3-lot single-family residential development. Ms. Miller said the property had originally been platted as 3 lots but is being replatted to reconfigure the boundary lines.
Neighboring property owners had expressed concerns with drainage from the development, lot sizes, the increased number of curb cuts and potential design features of the area. Ms. Miller presented a graphic which showed that 2 of the reconfigured lots were similar to the average lot size in the area and 1 was larger. She said that the City Engineer had noticed drainage issues for the neighboring property owner to the west, but this was drainage from many properties not merely the lots in question. The City Engineer had recommended a non-engineered swale to address the drainage issue. Ms. Miller stated that the pedestrian easement along the south to the golf course would need to be removed from the plat, since it did not lead to a public open space.
APPLICANT PRESENTATON
John Selk of Landplan Engineering, explained that the developer planned to grade the property so it would not drain to the property to the west. He said the developer planned to build quality homes in the area which would be assets to the area. The pedestrian easement allows those residents who belong to the Country Club access to the golf course, but the easement would be removed from the plat since it is not a public easement.
COMMISSION DISCUSSION
The commissioners discussed the history of the lots and asked Staff how existing lots came to be. Staff answered that the area was platted in the 1960s and shortly after that portions of Lots 13 and 11 were sold to the neighboring property owners. The existing house will be demolished and 3 new houses built on the lots. The lots are being reconfigured to provide adequate area for each property.
ACTION TAKEN
Motioned by Eichhorn, seconded by Jennings to approve the Final Plat for Pioneer Ridge Golf Estates and forward it to the City Commission for acceptance of easements and rights-of-way, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. Recording fees made payable to the Douglas County Register of Deeds.
b. A completed Master Street Tree Plan in accordance with Section 21-708a.3.
2. Public Improvement Plans for extension of sanitary sewer main to Lot 1 submitted to City Engineer for approval or Utility Improvement Plans submitted to Utilities Department if extension of main is not required.
3. Addition of these items to the final plat:
a) Signature blank with ‘Director, Lawrence-Douglas County Planning Department’ beneath it
b) Note concerning the restrictive covenants which apply to this project, with the book and page reference.
Motion carried unanimously, 9-0
PC minutes 01/23/06
ITEM NO. 5: FINAL PLAT FOR LANGSTON HEIGHTS; NORTH OF BOB BILLINGS PARKWAY BETWEEN K-10 AND DIAMONDHEAD SUBDIVISION (SLD)
PF-12-46-05: Final Plat of Langston Heights. This proposed residential subdivision contains approximately 27.57 acres and proposes the creation of 69 single-family and 19 duplex residential lots. The property is generally described as being located north of Bob Billings Parkway between K-10 and Diamondhead Subdivision. Submitted by Landplan Engineering, P.A. for Langston Heights, LC, property owner of record.
ACTION TAKEN
Motioned by Eichhorn, seconded by Krebs, to approve the Final Plat for Langston Heights based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:
Motion carried unanimously, 9-0, as part of the Consent Agenda.
PC minutes 01/23/06
ITEM NO. 6A: I-1 & A to RM-2; 12.329 ACRES; SOUTH OF E 23RD (K-10 HIGHWAY) BETWEEN O’CONNELL ROAD & FRANKLIN ROAD (SLD)
Z-06-39-05: A request to rezone a tract of land approximately 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-Family Residential) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
PC minutes 01/23/06
ITEM NO. 6B: I-1 & A TO M-1; 17.889 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
Z-06-41-05: A request to rezone a tract of land approximately 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) District to M-1 (Research Industrial) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
PC minutes 01/23/06
ITEM NO. 6C: B-1, I-1, & A TO C-5; 28.833 ACRES; SOUTH OF K-10 HIGHWAY BETWEEN O’CONNELL ROAD AND FRANKLIN ROAD (SLD)
Z-06-42-05: A request to rezone a tract of land approximately 28.833 acres from B-1 (Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) District to C-5 (Limited Commercial) District. The property is generally described as being located south of E. 23rd Street/K-10 Highway between O’Connell Road and Franklin Road. Submitted by Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the December Planning Commission meeting.
Staff Presentation
Ms. Day introduced these items, a proposed rezoning for commercial, industrial, and multi-family development as part of the Fairfield Farms East Subdivision approved by the Planning Commission in December 2005.
Applicant Presentation
Mike Keeney introduced the item and described the layout of the proposed development. He stated that it complied with the land uses in all versions of the Southeast Area Plan.
Commission Eichhorn inquired about the white area shown on the plan and confirmed with Mr. Keeney that it was the “Queen Property” and not included in the proposed development. Mr. Keeney also noted the status of a benefit district for the street and sanitary sewer improvements that would be required.
Commissioner Burress confirmed that there was no access to 23rd Street and confirmed that there is a restriction of commercial uses to one corner of the intersection as a neighborhood commercial node.
Commissioner Eichhorn inquired how the proposed commercial development compared to Hy-Vee at Clinton Parkway and Kasold.
Public Hearing
There was no public comment on these items.
Commission Discussion
The Planning Commission had a general discussion about the location of future commercial nodes in the southeast area.
Commissioner Haase noted that a CC400 is proposed in the plan for the intersection of K-10 and Noria Road. He suggested that no more commercial uses would be developed in the area except a small neighborhood center at 31st and E 1700 Road.
Vice Chair Krebs stated her interest in the commercial development occurring consistent with the commercial design standards and a possible change to a PCD.
Commissioner Burress stated his concern about approval of a commercial development without a plan.
Commission Lawson inquired about the status of the design standards.
Comm. Haase stated that that he recalled the Planning Commission had approved the guidelines and forwarded them to the City Commission with revisions and they were to be adopted with the development code.
Commissioner Lawson stated that he was concerned to be it was hard to hold an applicant to codes not yet adopted.
Vice Chair Krebs stated the reason to consider the use of a PCD would be to use the design standards until they are formally adopted since they could be used as a guideline for PCD’s.
Chairman Riordan asked for comments about a PCD.
Mr. Keeney responded that it was a time issue. There was about a year of planning before full site planning could begin. The design standards would be in place by that time and a site plan would be submitted. He stated that all the engineering still needed to be done.
Commissioner Krebs announced her retraction of the PCD consideration and just wanted the development to comply with the standards. It was noted to staff that Legal Services needed to be pressed to prepare the design standards for adoption.
Commissioner Burress stated that he was not sure about the development code being adopted soon enough. He stated that a PCD with approval of a plan would provide that assurance.
Vice Chair Krebs asked the applicant to comment on the burden of planned unit developments. Mr. Keeney responded that it is a time burden
Commissioner Eichhorn stated that if Neighborhood Commercial Centers are to be Planned Commercial Developments, then it should be a code requirement.
Bill Newsome, applicant/developer stated that a PCD could be used. He stated that a grocery store user will fuel the development. He hoped to have confirmation within 36 months.
Commissioner Ermeling stated a need for predictability of use. She noted that K-10 Highway was a gateway and needed to have control over the industrial zoning as well.
Ms. Stogsdill responded that she could confirm the status of the code and expectations to be adopted by reference to the new code.
There was clear intent for development to comply with design standards based on the Commission’s discussion.
Commissioner Jennings stated that he was comfortable with a grocery store use and that it will control the design. They generally have good curb appeal. He stated that the anticipated 36 months noted by the developer would provide time to resolve the Southeast Area Plan.
Ms. Stogsdill stated that staff reviews submission of applications based on code at time of submission.
COMMISSION ACTION
Motioned by Eichhorn, seconded by Jennings to approve Z-06-39-05 the rezoning of approximately 12.329 acres from I-1 (Limited Industrial) District and A (Agricultural) District to RM-2 (Multiple-Family Residential) District and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance; and
2. Recording of a final Plat.
Motion carried 9-0 for approval.
Motioned by Ermeling, seconded by Krebs to approve Z-06-41-05 the rezoning of approximately 17.889 acres from I-1 (Limited Industrial) District and A (Agricultural) District to the PID-1 District based on the Lesser Change Table and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance;
Motion carried 9-0 for approval.
Motioned by Krebs, seconded by Ermeling to approve Z-06-42-05 the rezoning of approximately 28.833 acres from B-1 (Neighborhood Business) District, I-1 (Limited Industrial) District, and A (Agricultural) District to the PCD-2 District based on the Lesser Change Table and forwarding the application to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and subject to the following conditions:
1. Publication of an annexation ordinance;
Motion carried 9-0 for approval.
PC minutes 01/23/06
ITEM NO. 7: RM-2 TO RS-2; 2.15 ACRES; NORTH OF W. 5TH STREET BETWEEN WISCONSIN & MICHIGAN STREETS (MJL)
Z-10-67-05: A request to rezone a tract of land approximately 2.15 acres from RM-2 (Multiple-Family Residential) District to RS-2 (Single-Family Residential) District. The property is generally described as being located north of W. 5th Street between Wisconsin and Michigan Streets (1620, 1612, 1604, 1512, 1508, and 1500 W. 5th Street; and 446 Florida Street). Initiated by the City Commission on 10/25/05, based on recommendations in the HOP District Plan. This item was deferred by the applicant from the December Planning Commission meeting.
STAFF PRESENTATION
Ms. Leininger described the proposed rezoning from RM-2 District to RS-2 District. In initial discussions with the neighborhood, staff had suggested that a larger portion surrounding the subject property be rezoned to RM-D District and/or RM-1 District. By rezoning the subject properties, there would not be appropriate transitions between the current RM-2, high-density residential district and the proposed RS-2 low-density district and there would not be any direct relation to the proposed district and another single-family residential district. The proposed rezoning would also create a nonconforming use at 1512 W. 5th Street. The property is developed with two single-family homes.
Staff recommended denial of the rezoning from RM-2 to RS-2.
PUBLIC HEARING
John Cook, owner of 1512 W. 5th Street, opposed to the rezoning because it would make his property nonconforming. He was currently trying to sell the property and the uncertainty makes the property very difficult to sell.
Gwen Klingenberg, Pinckney Neighborhood Coordinator, was unaware that 1512 W. 5th Street would be nonconforming if rezoned to RS-2 when the task force started the process. Three of the subject properties’ owners are in favor of the rezoning.
COMMISSION DISCUSSION
It was discussed that the HOP District Plan recommends rezoning properties to the current use and this proposal would generally do that.
ACTION TAKEN
Motioned by Eichhorn, seconded by Jennings to recommend approval the rezoning from RM-2 to RS-2 on 1620, 1612, 1604, 1512, 1508, and 1500 W. 5th Street and 446 Florida Street and forward it to the City Commission. Commissioner Eichhorn stated the recommendation was based on the following reasons:
- The properties would be zoned to the current use.
- The proposed rezoning would follow the recommendation of the HOP District Plan to rezone to the existing use.
- The rezoning would protect the single-family homes.
Motion carried 8-1, with Burress, Ermeling, Krebs,
Erickson, Haase, Jennings, Lawson, and Eichhorn voting in
favor. Riordan voted in opposition. Harris was absent.
PC minutes 01/23/06
ITEM NO. 8: RM-3 TO RM-1; 2.19 ACRES; 1515 W. 7th STREET (MJL)
Z-12-81-05: A request to rezone a tract of land approximately 2.19 acres from RM-3 (Multiple-Family Residential) District to RM-1 (Multiple-Family Residential) District. The property is generally described as being located south of W. 7th Street, east of Wisconsin Street (1515 W. 7th Street). This item was initiated by the Planning Commission after recommending denial of a previous RM-3 to RM-2 rezoning request at their December 14, 2005, meeting.
STAFF PRESENTATION
Ms. Leininger described the proposed rezoning from RM-3 District to RM-1 District. This item was initiated by the Planning Commission last month as a result of another proposed rezoning of this property from RM-3 to RM-2 which was denied. The rezoning would create appropriate transitions between the high-density residential and the low-density residential and it is consistent with the zoning across W. 7th Street in relation to density. The property owner is willing to rezone to RM-2 only but did offer to rezone to the proposed new RM15 District in the Development Code when it is adopted as a compromise.
Staff recommended approval of the rezoning from RM-3 District to RM-1 District. Staff also provided an alternate recommendation: table the item and revisit after the adoption of the Development Code and propose the rezoning from RM32 (RM-3) to RM15.
PUBLIC HEARING
Burke Griggs, supports the RM-1 zoning because it would help to protect the character of the neighborhood.
COMMISSION DISCUSSION
Spot zoning was discussed as to whether or not this rezoning would be considered spot zoning. Staff responded that spot zoning can be defined any number of ways and it can depend if the rezoning is related to the current use.
ACTION TAKEN
Motioned by Krebs, seconded by Ermeling to recommend approval of the rezoning from RM-3 to RM-1 on 1515 W. 7th Street and forward the recommendation to the City Commission.
Motion carried 8-1, with Burress, Ermeling, Krebs, Erickson, Haase, Jennings, Lawson, and Riordan voting in favor. Eichhorn voted in opposition. Harris was absent.
ITEM NO. 9: HIERARCHY OF PLANS (MJL)
Hold public hearing on Hierarchy of Plans.
STAFF PRESENTATION
Ms. Leininger presented the different types of plans, watershed, sector, neighborhood, special area: nodal, corridor, specific issue/district plans. The diagram of plans was shown
PUBLIC HEARING
No member of the public spoke on this item.
COMMISSION DISCUSSION
Eichhorn asked if the diagram could be published in the paper or somewhere. Staff stated that the diagram is currently on the Planning website and could possibly be published following adoption.
Krebs would like to see more specific descriptions for the plans and a comprehensive plan description added. The watershed plan purpose should be described further. She suggested the commission use the term sector plan instead of area plan. The commission discussed whether the common steps were common to all of the plans. An observation was made that this process was not used for the Southeast Area Plan or the Northwest Area Plan.
Haase felt the example of a watershed plan was not an example, it should be listed under a special area plan and that we don’t have an example of a watershed plan. Illustrations would help to support the text.
Burress suggested adding what typical documents or components would be provided in each type of plan; for example different types of maps.
ACTION TAKEN
Motioned by Haase, seconded by Eichhorn to send the Hierarchy of Plans back to staff for revisions and to return it to the PC for further consideration this spring.
Motion carried 8-0, with Burress, Ermeling, Krebs, Erickson, Haase, Jennings, Eichhorn, and Riordan voting in favor. None voted in opposition. Harris and Lawson were absent.
PC minutes 01/23/06
ITEM NO. 10: BURROUGHS CREEK PLAN (MJL)
Conduct a hearing regarding Burroughs Creek Plan. The property bounded by Haskell Avenue on the east, E. 31st Street on the south, the eastern border of Haskell Indian Nation University on the west between E. 31st and E. 23rd Streets, Learnard Avenue on the west between E. 23rd and E. 15th Streets, Pennsylvania Street on the west between E. 15th and E. 11th Streets, Delaware Street on the west between E. 11th and E. 9th Streets, and W. 9th Street on the north. Initiated by the City Commission in October 2004.
STAFF PRESENTATION
Ms. Leininger presented by explaining the process that the plan took, the study area and temporary building permit moratorium areas, the background, areas of concern, and each goal.
Staff recommended approval of the Burroughs Creek Corridor Plan.
PUBLIC HEARING
Matt Tomc, Woods on 19th homeowners association, feels the proposed rezonings are a good idea. The homeowners association had concerns regarding the recommended acquisition of the property at the northeast intersection of E. 19th Street and the railroad corridor. They do not want the property to be just a parking lot. They would like it to be greenspace. Another concern is that the trail/park not interrupt the existing drainage in the railroad corridor and the proximity of the proposed Salvation Army Complex to the park.
COMMISSION DISCUSSION
Staff was asked about the issues that Mr. Tomc brought up. Staff stated that many of his concerns will be taken care of in the park planning process the Parks and Recreation department will go through. This process allows the public to be a part of planning the park/trail. The plan does not get into specifics on the park/trail design.
Ermeling pointed out a spelling error on the Historic map.
Various Commissioners stated that they felt the plan was a good product and will be a good project.
ACTION TAKEN
Motioned by Ermeling, seconded by Krebs to recommend approval of the Burroughs Creek Corridor Plan and forward the recommendation to the City Commission.
Motion carried 7-0, with Burress, Erickson, Haase, Jennings, Ermeling, Krebs, and Riordan voting in favor. None voted in opposition. Lawson, Harris, and Eichhorn were absent.
PC minutes 01/23/06
MISC. ITEM NO. 1: OLD BUSINESS
Extension of approval of FDP-06-09-04: Final Development Plan for Delaware Commons Co-Housing Project; east of Delaware Street between E. 12th & E. 13th Streets – as allowed in Section 20-1013(d).
STAFF PRESENTATION
Ms. Stogsdill referred to the letter from Rich Minder and the staff memo provided in communications. Staff recommended the extension of the approval for six months to July 28, 2006.
ACTION TAKEN
Motioned by Commissioner Krebs, seconded by Commissioner Haase to approve a six month extension for FDP-06-09-04: Final Development Plan for Delaware Commons Co-Housing Project through July 28, 2006. If construction of this PUD has not commenced by this date, the approval will become null and void.
Motion carried unanimously (7-0).
_____________________________________________________________________________
January 25, 2006 – reconvened at 6:30 p.m.
Commissioners present: Burress, Eichhorn, Erickson, Ermeling, Haase, Harris, Krebs, Jennings, Lawson,
Staff present: Stogsdill, Ahrens, Day, Patterson, ______________________________________________________________________
COMMUNICATIONS
ITEM 11 - Rezoning A to A-1; 9.53 Acres; 621 E 1750 Road
·Photos of the area provided by area resident.
MISC ITEM 1 - Planning Commission Submittal Deadlines & Meeting Dates
· Revised schedule with revisions made to the April meeting dates and the submittal deadline for these meetings.
MISC ITEM 2 - Student Representative
· Letter of resignation from Student Representative, Andrew Wright.
EX PARTE / ABSTENTIONS / DEFERRAL REQUESTS
· Commissioner Lawson indicated he would abstain from Item No. 11.
The Commission moved from this point to Item 1.
PC minutes 01/25/06
ITEM NO. 11: A TO A-1; 9.53 ACRES; 621 E 1750 ROAD (PGP)
Z-12-79-05: A request to rezone a tract of land approximately 9.53 acres from A (Agricultural) District to A-1 (Suburban Home) District. The property is generally described as being located at 621 E 1750 Road. Submitted by David McFarlane, contract purchaser, for James R. Smart, property owner of record.
STAFF PRESENTATION
Mr. Patterson introduced the item, a rezoning request for 9.52 acres located at 621 E 1750 Road from A (Agriculture) to A-1 (Suburban Home) District. The applicant is proposing to develop this property into three 3+ acre lots. There is an existing house located on the proposed southern lot.
The property is accessible to an airport taxiway easement leading to the Vinland Airport.
The site is 3 miles south of the Lawrence Urban Growth Area. The proposed lot frontages would be approximately 210’, 155’ & 155’. The property is not contiguous to a platted subdivision.
Staff recommended the Planning Commission forward a recommendation for denial as the rezoning request was outside an Urban Growth Area (3 miles south of the Lawrence Urban Growth Area), E 1750 Road is a gravel road, the proposed lot frontages would be approximately 210’, 155’, and 155’, and the property is not contiguous to a platted subdivision.
APPLICANT PRESENTATION
David McFarlane, applicant/contract purchaser of the property, made a presentation with the following points:
PUBLIC COMMENT
Joe Hoelscher – 1740 N 600 Road
· Opposed to the rezoning. This would be an expansion of the airport/runway.
· Concerned about safety of the take off and landings.
· In 1992, the applicant was opposed to the house on this property being constructed.
· Concerned about aircraft noise as they rev up and down the engines as part of a normal pre-flight test, which are not currently experience in proximity to his property.
· Other land is available owned by the applicant to the south of the airport.
David McFarlane then responded to a question from the Planning Commission and restated his prior reasons to support the rezoning request.
Linda Nelson – 615 E 1750 Road
· Concerned with the aircraft noise and safety.
· Would allow for airplanes within hundreds of feet to her house and bedroom.
· Aircraft should be kept closer to the airport.