PLANNING COMMISSION MEETING

Meeting minutes

May 2006

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May 22, 2006 – 7:00 p.m.

Commissioners present: Burress, Erickson, Ermeling, Haase, Harris, Krebs, Lawson and Riordan

Staff present: Stogsdill, Day, Leininger, Miller, Patterson, Pool, Zollner and Kemerling

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MINUTES

 

Ermeling requested minor changes to Number 13 on page 37 in the March 2006 minutes.

 

Ermeling amended the text to read fully shielded rather than shielded and non-reflective, non-swivel heads mounted at a 45 degree angle and be confined in that acreage.

Motioned by Ermeling, seconded by Harris to approve the March 2006 minutes as revised. 

Motion carried 7-0-1.  Burress abstained.

 

COMMITTEE MEETINGS

T2030: The committee met twice.  Come up with a formula for structuring our work with the process, gathering information, working with the public, interacting with various officials.  The website has been launched and the committee is restructuring interactions with the public and officials.

TAC:  The committee reports that the Lawrence-KU coordinated public transit study will occur. 8 bids were received, 4 of the bids were thrown out.  Don Baylor and Associates were accepted as the best bid.  Approximately a $105,000 study.  $60,000 from KDOT and $45,000 from the City.  It will occur over 6-7 months and should have a report at the end of that.  Notation of commuter rideshare program.  Has a website that is available to the public.  The committee recommends the addition of one representative each from City Commission and the Board of County Commissioners to T2030 Committee. 

CDC:  The City Commission has agreed to fund CDC for pursuit of consultants to help devise parallel code for traditional neighborhoods. 

PCMM:  The committee met three times regarding the county subdivision regulations which will be discussed in further detail at Wednesday’s meeting. 

 

COMMUNICATIONS

Ms. Stogsdill outlined the following communications:

 

ITEM 4:  Final Plat for Eagle Ridge Subdivision No. 2

·   Letter from Danny Kaiser, neighboring property owner, in support of the request to replat the lots. 

ITEM 6:  Elsie Hemphill Addition, 19th & Learnard Avenue

·   Letter from James Grauerholz, Trustee/Executor, Burroughs Estate on behalf of several property owners stating concerns regarding proposed driveways and proximity to the Zinn-Burroughs House.

 

ITEM 10:  Use Permitted Upon Review for Lawrence Memorial Hospital; Revised Master Plan

·   Memo from Staff to defer to June PC meeting.

 

ITEM 11: Amendment to Comprehensive Plan Regarding Chapter 9-Parks, Recreation, and Open Space

·   Letter and attached comments from the League of Women Voters of Lawrence-Douglas County suggesting changes. 

 

ITEM 13:  Revised Preliminary Development Plan for Aberdeen on 6th Street

·   Email from Paul Werner of Paul Werner Architects, applicant, requesting deferral.

·   Letter from the League of Women Voters of Lawrence-Douglas County expressing concern with the development plan. 

·   Letter from Shannon and Mark O’Lear, neighboring homeowners, expressing concerns regarding child safety, developer responsibility and development precedent. 

 

ITEM 15: Conditional Use Permit Request for Midnight Farm

·   Letter of opposition from Larry Hoover, neighboring property owner.

 

ITEMS 17-19:  Amendments and Adoption of Subdivision Regulations for Lawrence and the Unincorporated Area of Douglas County

·   Letter from Susan Millstein, Douglas County rural resident, in opposition.

·   Letter from David Millstein, Douglas County rural resident, in opposition.

·   Letter from Pat Ireland, former Douglas County resident, in opposition.

 

Miscellaneous Item No. 1:    EIS for the South Lawrence Trafficway

·   Letter from Gerald Dunfield suggesting a deviation to the route currently proposed.

·   Letter from Eastern Lawrence Neighborhoods Coalition regarding an Eastern Bypass option.

 

Miscellaneous Item No. 2:    Revised Conditions for Oregon Trail Addition

·   Memo from Staff regarding revised conditions for approval. 

 

 

 

 

 

 

 

 

 

 

 

EX PARTE / ABSTENTIONS / DEFERRAL REQUESTS

  • No ex parte items were indicated.
  • No abstentions were indicated.
  • Item 6 was deferred to the regular June agenda as a public comment item at the request of the applicant.
  • Commissioner Krebs moved to defer Items 6, 10 and 13 and that Item 6 will appear on regular agenda, not consent agenda. Ermeling seconded the motion.  The motion was approved unanimously. 
  • Burress indicated there was much public interest in Item 6 and there should be a public hearing.  Staff stated it is not a public hearing item and it is not required to have a public hearing.  Staff made the suggestion to allow public comment. 

Krebs revised motion to allow Item 6 will be on regular agenda and also be available for public comment.  Ermeling seconded.

Motion carried unanimously 8-0.

  • Krebs moved to defer Miscellaneous Item 1 to the 5/24/06 meeting.  Lawson seconded and the motion was approved unanimously 8-0.
  • Lawson moved to approve the remainder of the Consent Agenda, Items 1, 2, 4 and 5.  Ermeling seconded and the consent agenda was approved unanimously 8-0.

 

 

Swearing in of witnesses

 

 

PC Minutes 5/22/06

ITEM NO. 1:  FINAL DEVELOPMENT PLAN FOR LAKE POINTE PCD, PHASE 1; NORTHWEST CORNER OF CLINTON PARKWAY & LAKE POINTE DRIVE (MKM/SLD)

 

FDP-04-04-06:  Final Development Plan for Lake Pointe PCD, Phase 1.  This proposed planned commercial development contains approximately 1.257 acres and proposes retail use.  The property is generally described as being located at the northwest corner of Clinton Parkway and Lake Pointe Drive.  Submitted by Peridian Group for Bristol Groupe and Central National Bank, property owners of record.

 

ACTION TAKEN

Motioned by Lawson, seconded by Ermeling to approve the Final Development Plan for Lake Pointe PCD, Phase 1 based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

1.      Provision of a revised Final Development Plan to include the following changes on the face of the plan:

a.      location of downspouts shown and location must not conflict with pedestrian walkways;

b.      pedestrian walkway from Lake Pointe Drive must have pedestrian-scaled lighting;

c.      materials and style of fences shown or noted.

2.       Provision of a revised landscape plan per staff approval to include:

a.      landscaping with native trees, shrubs, forbs and/or grasses in detention basins and swale;

b.      landscaping near the driveway along Lake Pointe Drive with ornamental trees, shrubs and perennials;

c.      note added that 1/3 of the plantings are evergreen species.

3.      Provision and approval of a photometric plan prior to release of the Final        Development Plan for issuance of a building permit.

4.      Execution of a site plan performance agreement.

5.      Provision of the mylar and recording fees made payable to the Douglas County Register of Deeds.

 

 

Motion carried unanimously, 8-0 as part of the Consent Agenda.
PC Minutes 5/22/06

ITEM NO. 2:  FINAL PLAT FOR LAKE VIEW COMMONS, A REPLAT; SOUTHWEST CORNER OF CLINTON PARKWAY & LAKE POINTE DRIVE (MKM/SLD)

 

PF-04-11-06:  Final Plat for Lake View Commons, a replat of Lots 1 & 2, Block 2 of Lake View Addition No. 2, located at the northwest corner of Clinton Parkway and Lake Pointe Drive.  This proposed three-lot planned commercial development contains approximate 4.725 acres.  Submitted by Peridian Group for Bristol Groupe and Central National Bank, property owners of record. 

 

ACTION TAKEN

Motioned by Lawson, seconded by Ermeling to approve the Final Plat for Lake View Commons, a replat of Lots 1 & 2, Block 2 of Lake View Addition No. 2, 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.      A current copy of a paid property tax receipt;

b.      Recording fees made payable to the Douglas County Register of Deeds;

c.      Revised Master Street Tree Plan graphic showing trees outside the utility easement along Clinton Parkway.

2.      Provision of the following revisions to the final plat:

a.      Mark and label the portion of Lot 3 along Lake Pointe Drive from Clinton Parkway to the detention basin as ‘no access’.

b.      Remove the easements along the front property line, except those that are required for sanitary sewer.

c.      Show that previously dedicated easements which are no longer needed are vacated.

d.      Pinning of the lots in accordance with Section 21-103 of the Subdivision Regulations.

 

 

Motion carried unanimously, 8-0 as part of the Consent Agenda.
PC Minutes 5/22/06

ITEM NO. 3:  PRELIMINARY PLAT FOR LIVENGOOD ESTATES SUBDIVISION; EAST OF E 1800 ROAD BETWEEN N 1000 & N 1100 ROADS     (PGP)

 

PP-04-07-06:  Preliminary Plat request for Livengood Estates Subdivision, located east of E 1800 Road between N 1000 and N 1100 Roads.  This proposed residential subdivision contains approximately 40.91 acres.  Submitted by Dallas Livengood, applicant, for Victoria & Clifford Pagles, property owners of record.

 

Item 3 was deferred by the applicant prior to the meeting.

 

PC Minutes 5/22/06

ITEM NO. 4:  FINAL PLAT FOR  EAGLE RIDGE SUBDIVISION NO. 2; 786 N 988 ROAD (PGP)

 

 PF-04-08-06:  Final Plat request for Eagle Ridge Subdivision No. 2, a replat of Lots 1 & 2, Block 2, Eagle Ridge Subdivision, located at 786 N 988 Road.  This proposed one-lot residential subdivision addition contains approximately 12.83 acres.  Submitted by ILC of Topeka and Lawrence, LLC, for Jan Adamson, property owner of record.

 

 

ACTION TAKEN

Motioned by Lawson, seconded by Ermeling to approve the Final Plat request for Eagle Ridge Subdivision No. 2, based on the findings of fact presented in the body of the Staff Report and subject to the following condition:

 

  1. Provision of the following fees and recording documentation:
    1. Copy of paid property tax receipt;
    2. Recording fees made payable to the Douglas County Register of Deeds.

 

 

Motion carried unanimously, 8-0 as part of the Consent Agenda.
PC Minutes 5/22/06

ITEM NO. 5:    FINAL PLAT FOR MP ADDITION, A REPLAT; 200 NORTH 9TH STREET (PGP)

 

PF-04-09-06:  Final Plat request for MP Addition, a replat of Lot 40 less the south 115 feet, Addition No. 11, North Lawrence, located at 200 North 9th Street.  This proposed three-lot residential subdivision contains approximately 0.484 acre.  Submitted by Landplan Engineering, PA, for MP Builders LC, property owner of record.

 

ACTION TAKEN

Motioned by Lawson, seconded by Ermeling to approve the Final Plat request for MP Addition, a replat of Lot 40 less the south 115 feet, Addition No. 11, 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:
    1. A current copy of a paid property tax receipt.
    2. Recording fees made payable to the Douglas County Register of Deeds.
  2. An Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements.
  3. Submittal of public improvements plans for extension of sanitary sewer, prior to the recording of the final plat.
  4. A signed copy of the Master Street Tree Plan.

 

 

 

Motion carried unanimously, 8-0 as part of the Consent Agenda.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PC Minutes 5/22/06

ITEM NO. 6:    FINAL PLAT FOR ELSIE HEMPHILL ADDITION, A REPLAT; 1900 LEARNARD (PGP)

 

PF-04-10-06:  Final Plat request for Elsie Hemphill Addition, a replat of Tract D, Evergreen Addition, located at 1900 Learnard.  This proposed three-lot residential subdivision contains approximately 1.591 acres.  Submitted by Landplan Engineering, PA, for Richard Hemphill, applicant, and Elsie F. Hemphill, property owner of record.

 

 

Staff indicated the applicant’s representative was unable to attend the meeting and requested a one month deferral. 

 

Motion by Krebs to defer Item 6 to the June Planning Commission meeting to allow for public comment.  Seconded by Ermeling. 

Motion to defer passed 8-0. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING ITEMS

 

PC Minutes 5/22/06

ITEM NO. 7:    ZONING OVERLAY DISTRICT; BETWEEN 8TH & 9TH STREETS AND NEW JERSEY & DELAWARE STREETS (LBZ)

 

Z-12-80-05:  Establishment of a Zoning Overlay District for the 8th and Penn Neighborhood Redevelopment Zone.  The property is generally described as being located between 8th & 9th Streets and New Jersey and Delaware Streets.  Submitted by BNIM Architects for Cinco Hombres, LLC & Pennsylvania Street Investors, LLC, property owners of record. 

 

STAFF PRESENTATION

Ms. Zollner introduced the item and explained the correct area was not noticed properly for the March PC meeting per article 18. HRC initiated rezoning of the overlay district and it was different in process from a typical rezoning.  When the oversight was noted, the item was placed on the agenda for May, signs were posted and property owner letters were sent.  Design guidelines, history, and the original staff report were presented.  City Commission will be given all documentation including minutes from the March and May meetings.  Including, as a recommendation, the changes suggested by the Planning Commission at the March meeting. 

 

APPLICANT PRESENTATION

Bo Harris, applicant, representing 8th & Pennsylvania Neighborhood redevelopment stated he has been through the process previously with the commission and gave a short overview of project. 

 

Burress expressed a concern with density development and asked if density is determined by the underlying zoning rather than the design guidelines.

 

Mr. Harris replied that overlay district controls the density of the project. 

 

Burress commented that density would be a legitimate subject for public hearing right now.

 

Mr. Harris gave a presentation of slides addressing density and regarding streetscapes, project timeline, schematics, neighborhood concerns.  Density would be in Zone 3 of the project.  Primary concerns of neighborhood are traffic, C-5 use limitations of property, parking, density, funding of infrastructure and gentrification of all of East Lawrence.  Plan changes made along the way impacted traffic.  He completed the traffic study from 11th to 7th Streets and from the project itself to west of Connecticut which studied all the intersections.  The current plan reduces density, parking and traffic issues and removed 6 units from the project.  Mr. Harris indicated neighbors expressed concern with the number of cars using the alley as transportation through the corridor which have been addressed by changing exits to the 8th and 9th St corridors rather than to the alley for the corner buildings. 

 

 

Mr. Harris presented multiple slides addressing traffic study and notes from the traffic study summary.

 

Things done to address C-5 use limitations:

  • UCD or UCO Document addresses many issues that will impact use of the facilities.
  • HOA_CAM
  • Covenants and restrictions
  • Deed or site plan restrictions.

 

There will be no rental units only sold units with a HOA document and common area maintenance fees in certain buildings.  There will be covenants and restrictions which control quality and activities in the units.  Mr. Harris is agreeable to either deed or site plan restrictions that will fill the need.

 

Mr. Harris presented the parking calculations and plan change and discussed the Smart code requirements.  Parking required is 177 (developer’s standards).  Mr. Harris said it was important to note that the public went away with the impression that they were going to have 177 parking spots.  He feels that is the trade off between sustainable development, green space and the alternatives for mixed uses and to share parking in different locations and go through pedestrian patterns. 

Proposal provides for:

  • Zone I off street 154, on street 75
  • Zone III-covered lot 40, garages 30, on street 42 8th and 9th and Pennsylvania
  • Zone IV off street 45 on street 49
  • Total-off street 269, on street 166
  • Total of 435

 

Mr. Harris gave his interpretation of density; when he thinks density, he thinks first of vitality of the area, sense of place, the smart code aspects of the density, the relationship to downtown Lawrence, the walking distance that is provided, the alternate transportation, all above economic issues.  As economic issue alone, Mr. Harris is asking for 54 units.  The corner building will contain 3500 sq ft retail, offices, services or professional and balance is covered parking.  Replicated on both corners in between there are 10 units of contemporary brownstone type structure with walk up entrances, patios and wells then up a half a flight to a townhouse that is a two story dwelling.  Project is 2 ½ stories tall.  Mr. Harris explained there is good visibility from the parking to the residential and a good travel pattern for it.  UCD document references the tallest building being the keynote building, others are mentioned in reference to the Poehler Building. He presented a slide with layout of green space, alley, buildings, residential and garages showing height and scale standpoint.  11 ft difference in grade elevation of ground.  Tallest building about 25 ft to ridge of structure.

 

Mr. Harris said the project will provide between 10-20% affordable housing.  He is working with Lawrence Land Trust. They would be the owner of the affordable units in the project, would administer the program and would be permanently affordable with mixed income levels.

 

COMMISSION DISCUSSION

Commissioner Harris inquired about the configuration of the back side of the second level on the corner retail buildings facing the alley. Harris asked if the space will be usable.   

 

Mr. Harris explained that the buildings will have windows facing the alley and that the space in question is residential and will be usable.

 

PUBLIC HEARING

Ed Tato, 1016 Pennsylvania, former president of East Lawrence Neighborhood Association and former secretary of the board of Tenants to Homeowners.  Mr. Tato questioned how to reduce sprawl if there cannot be density within 4/10 mile of downtown. He said neighbors are concerned about density but he is not because 8th and 9th Streets are completely underused.  He also is not concerned about traffic clogging those streets; he expressed a greater concern with Haskell and 11th Street.  He feels the traffic from that area is coming from the density built on the perimeter of the city.  He noted there are few ways into the downtown area from the east.  Mr. Tato implored the Planning Commission, City Commission or Staff consider the areas of Connecticut, 13th Street, Haskell and 11th Streets and the impact of traffic in those areas in 2025. We’re going to have so much coming in from the East there’s just no way to get here.  He would like to make Connecticut a residential friendly street by seeking alternate routes for truck and through traffic.  Mr. Tato doesn’t feel the project will be an issue in the neighborhood and requests that everyone is realistic about how alleys are now with abandoned cars, multiple cars and weeds that are 4 ft high. He continued, the project will not stress the neighborhood and the advantages of density and low-income housing built privately far outweigh the overblown scares and issues regarding density.

 

ACTION TAKEN

Motioned by Ermeling, seconded by Lawson to accept and approve Item 7, zoning overlay district between 8th and 9th Streets per recommendation by staff. 

 

DISCUSSION ON THE MOTION

Burress stated he voted against the residential part of the zoning last time although he probably voted for the design portion.  He sees the issue as being settled and feels it is a good project that is good for the city.  Burress thinks we have to have projects as dense as this or even denser but expresses concerns regarding people currently in the neighborhood accepting the change in density.  Burress stated he was going to compromise and vote for the motion. 

 

ACTION TAKEN

Motion on the floor was to recommend approval of Item 7, zoning overlay district between 8th and 9th Streets per recommendation by staff and forward the application to the City Commission with a recommendation for approval based upon the findings of fact presented in the body of the staff report. 

Planning Staff also recommends the approval of the proposed Design Guidelines and proposed boundaries for the overlay district as presented in the report from the Historic Resources Commission (Attachment B) and forwarding it to the City Commission subject to the following conditions:

1.      The Design Guidelines document shall be modified to contain the appropriate minimums, maximums, landscaping and parking requirements.

2.      The Design Guidelines shall include information on the future development process.

 

Motion carried unanimously, 8-0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PC Minutes 5/22/06

ITEM NO. 8:    M-2 TO O-1; 4.6 ACRES; WEST OF HASKELL AVENUE & SOUTH OF E. 20TH STREET (2001 HASKELL AVENUE) (MJL)

 

Z-03-07-06:  A request to rezone a tract of land approximately 4.6 acres from M-2 (General Industrial) District to O-1 (Office) District.  The property is generally described as being located west of Haskell Avenue, and south of E. 20th Street (2001 Haskell Avenue).  This item was initiated by the City Commission March 28, 2006.

 

STAFF PRESENTATION

Ms. Leininger presented an overview and showed an aerial of the subject property.  The rezoning was a recommendation of the Burroughs Creek Corridor Plan and was initiated by the City Commission. Leininger noted the key points of the O-1 District and that it would create appropriate transitional zoning between industrial and residential uses and that the proposed zoning would zone to the existing use. She stated the proposed zoning is consistent with Horizon 2020 policy regarding appropriate transitional methods and down zoning would reduce the possibility of future redevelopment of industrial uses.  Staff recommends approval of rezoning. 

 

PUBLIC HEARING

Mary Beth Harmon, 924 E 21st St., stated her backyard adjoins this property.  She indicated she is excited about the proposal as it is friendlier towards the neighborhood.  Ms. Harmon said she is for anything that keeps the neighborhood more peaceful and quiet and appreciated the city recommending this. 

 

ACTION TAKEN

Motioned by Harris to recommend approval of rezoning 4.6 acres M-2 to O-1 rezoning, based on the findings of fact in the body of the staff report and forward a recommendation for approval to the City Commission.  Seconded by Ermeling.

 

Motion passed unanimously 8-0. 

 

DISCUSSION ON THE ACTION

Ermeling expressed appreciation to Ms. Harmon for her positive comment.