PC Minutes 10/24/07 DRAFT

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PC Minutes 10/24/07 DRAFT ITEM NO. 16A: ANNEXATION OF 144.959 ACRES; AIRPORT BUSINESS PARK NO. 1 (PGP) A-06-05-07: Annexation of approximately 144.959 acres located at E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. ITEM NO. 16B: A & B-2 TO IL; 99.31 ACRES; E 1500 ROAD & US HWY 24/40 (PGP) Z-06-09-07: A request to rezone a tract of land approximately 99.31 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District with use restrictions. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. ITEM NO. 16C: A & B-2 TO IL; 43.48 ACRES; E 1500 ROAD & US HWY 24/40 (PGP) Z-06-10-07: A request to rezone a tract of land approximately 43.48 acres, from A (Agricultural) and B-2 (General Business) Districts to IL (Limited Industrial) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. ITEM NO. 16D: A & B-2 TO IL-FP; 26.22 ACRES; E 1500 ROAD & US HWY 24/40 (PGP) Z-06-11-07: A request to rezone a tract of land approximately 26.22 acres, from A (Agricultural) & B-2 (General Business) Districts to IL-FP (Limited Industrial-Floodplain Overlay) District. The property is located at the intersection of E 1500 Road and US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. ITEM NO. 16E: PRELIMINARY PLAT FOR AIRPORT BUSINESS PARK NO. 1; E 1500 ROAD & HWY 24/40 (PGP)

PP-06-07-07: Preliminary Plat for Airport Business Park No. 1, located at E 1500 Road & US Hwy 24/40. Submitted by Landplan Engineering, for Roger Pine, Pine Family Investments, LC, and Kathleen and Brian Pine, property owners of record. STAFF PRESENTATION Mr. Paul Patterson presented items 16A – 16E together. Mr. Matt Bond, City Stormwater Engineer, gave overview of current drainage patters and what they would be after the proposed project. He stated the only change in the drainage patterns would be everything that falls west of 7th Street, north of KTA and south of 24/40 Hwy would be diverted to the east and eventually end up in Mud Creek and then the Kansas River. Commissioner Eichhorn asked when the levee was built. Mr. Bond responded that the levee was started in the early 1960’s and finished in 1976, with revisions up to 1980. Commissioner Blaser stated that the map indicated that the water would come across I-70 and then have to go back under I-70 to go to the east. Mr. Bond stated that that was what the current FEMA map shows. Water backs up from the pump station on

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2nd Street and then backs up to water surface elevation, finds a breakover point, and then runs east. Commissioner Blaser asked what it would look like if 7th Street was cut off. Mr. Bond stated that it would not change. APPLICANT PRESENTATION Mr. Jes Santaularia felt there was a community need for additional industrial sites. He stated that the island annexation was done a while ago and the bulk of the land sits between the airport and city. The project would “fill” in city limits and connect to the airport island. The long-range plans for the area call for industrial uses, and the project would be adjacent to primary modes of transportation. Mr. Santaularia went on to say that this is a long term plan and it may take 10 years to develop the site. The property and sales tax revenue and residential base to service the area was a great opportunity over the years. It would provide jobs and bring new business to the community. He stated that the zoning annexation was a natural evolution of what would occur over time in the area. The development should serve as a catalyst to current needs in Lawrence. The plan represented the convergence of lots of ideas and it is compliant with the city code. Mr. Tim Herndon, Landplan Engineering, agreed with the vast majority of conditions on the staff reports. There were only a few of the Preliminary Plat conditions (1a, 1b, 1d, 1e, 1f) that they had questions about and would like to continue discussing with Staff. He stated that they used guide plans to dictate how they planed for a project like this. One of the guides that they used was the Comprehensive Plan that preceded Horizon 2020 (H2020). Plan 95 had generally 9 criteria for the selection of an industrial site and their proposal met all 9 criteria. Their site conformed to the 3 main requirements; available rail service, a minimum of acreage for present & future use, and a location outside of the floodplain. Mr. Herndon cited supporting documents such as H2020, land use chapter 7, which stated that the city should have several major industrial areas that provide employment to the community. He proceeded to read from H2020, which states that the Airport area was indicated for industrial uses and recommended annexation. He cited more supporting documents, such as the draft North of North Street Area Plan which identifies the Airport area will receive expanded business uses. Other standard documents used for the project were the North Lawrence Drainage Study, the Stormwater Management Ordinance, Development Code, and Commercial Design Guidelines. Mr. Herndon continued by saying that the proposed site area already had a significant amount of annexed property and that this annexation would link the annexed island with the city to have a continuous annexed area. He noted a staff report from August 2003 which set the foundation for expansion because it anticipated industrial growth. The proposed use was anticipated by the City. He said that in looking at Site Context they identified roads as the boundary of the general context. He said the total area was over 2000 acres. One of the primary elements that exists within the area was the designated FEMA floodplain. 676 acres was FEMA floodplain property. 482 acres was the Lawrence Municipal Airport, 287 acres KU Endowment, 42 acres Kansas Turnpike, 145 acres proposed Lawrence Airport Business Park. Open Space has been a key element and will remain that way. The Runway Protection Zone is a 12 acre tract that does not actually have runway on it, but is an area at the south tip of the runway that is forbidden from anything being constructed. That area would perpetually be open space. Another significant component was the proposed floodplain management zones, dedicated to protect, preserve, and prevent development within the designated floodplain areas. The floodplain overlay management areas account for 2 feet of freeboard above the base flood elevation so they are larger tracts of land then the actual floodplain. They protect a margin around the designated floodplain area. Another important component was the R-O-W, setbacks, and easements that will prevent any structures from being constructed, which would be almost 19% of the project. The total Open Space provided with the project would be 66 acres, including 3 ½ miles of public sidewalks to the area. It would also likely include a picnic area, park, walkways, and other possible options. The Development Code states that a commercial element can exist in light industrial zoned areas. Commercial zoning would allow a variety of commercial uses. When we adopt the requested zoning it would

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be restricted and the amount of zoning would be reduced to a total of 20 acres. We are not increasing an undesirable use at the intersection. The estimated phase would start with a 120,000 s.f. speck building. The second phase would include 53 acres and phase three would include 92 acres, including commercial uses. We discussed the floodplain, relative to the project boundary, margins of the floodplain area are preserved. In terms of stormwater management, we have a couple of Baldwin Creek contributories. In significant rain events the rain is carried to the eastern direction. Traffic improvements would include the turnpike underway with major improvement to the east Lawrence interchange with anticipated increased traffic. The Airport Business Park project would improve N 1500 Rd, US 24/40, additional new streets, and improvements to TP Junction and N 3rd Street I-70 on/off ramp. Commissioner Moore inquired about improvements to 24/40 Hwy. Mr. Bond said that improvements to 24/40 Hwy was part of an overall plan outside of this project. Commissioner Harris inquired about the FEMA maps being updated. Mr. Bond stated that more accurate topographical aerials will result in new maps. Commissioner Eichhorn asked Mr. Bond if he anticipated any new areas being included in the floodplain. Mr. Bond replied, no. Commissioner Finkeldei asked about channel improvements on tract A. Mr. Bond stated it would be used for pad sites. When Maple Grove backs up it will go there and provide extra storage for Mud Creek. Commissioner Harkins asked about the risks of the project being built out over a period of years with some of the modifications added over years for runoff. Mr. Bond stated that as each project is built they would be looked at then. Based on what is to the north would dictate when those improvements are done. Commissioner Harkins asked how much of that would be the City’s responsibility and the developer’s responsibility, and would there be assurance that projects would not be built without improvements. Mr. Bond said he was not sure who would be responsible but that it could not be completed without improvements by the City. Commissioner Blaser inquired about raising Highway 24/40. Mr. Bond replied that yes, certain sections of Highway 24/40 would have to be raised. Commissioner Harris inquired about two comments from the public concerned about organism growing in the soil. Mr. Bond said he could not comment on that matter because it was not his expertise. Commissioner Harris asked if drainage and retention were expected to be different in those areas. Mr. Bond stated the flow would be different but the drainage and retention should stay the same

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Commissioner Harkins asked if this was an ideal site or a site that could be made to work. Mr. Bond stated that the site had merit to implement some of the North Lawrence Drainage Study recommendations. Commissioner Finkeldei asked for a projection of when phase B would start. Mr. Herndon stated that phase B could not be started until infrastructure was extended northward, hopefully in about 7 years. Significant industrial component was needed to support commercial uses. Commissioner Finkeldei asked what the intended use would be until development. Mr. Herndon said that agricultural uses would remain until the buildings were developed. Mr. Santaularia agreed that the land would remain the same until development. Commissioner Eichhorn stated that the land was irregular shaped and was there any way to also annex pockets of land. Mr. Herndon stated that in systematic successive annexations it was difficult to make clean lines. They could look at the highway 24/40 corridor for cleaning up lines for a specific purpose. Commissioner Moore asked Mr. Herndon to speak about the involvement with neighbors during the process. Mr. Herndon said they have talked with the North Lawrence Association, Grant Township Board, KU Endowment Association, Kaw Valley Drainage District, KDOT, KTA, Airport Advisory Board, and FAA. Commissioner Eichhorn asked if the area of land set aside was enough for Airport expansions. Mr. Santaularia said that there were no intentions for the Airport to expand south. Expansions for the Airport would be to the north and east. PUBLIC HEARING Gentleman who did not state his name or sign in, wanted a grocery store in North Lawrence. He was opposed to the project and felt that taxes would be increased. Joan Golden, Chair of Lawrence Chamber of Commerce, stated that in January 2007 the Chamber introduced a vision to make Lawrence the best to live in. They wanted to encourage robust and sustainable economics. She went on to say that available land needed to be part of infrastructure for economic development. During the first half of 2007, the Chamber of Commerce had about 32 prospective businesses approach them, but lost many of the businesses due to lack of buildings and land. The Chamber endorsed the Airport Business Park project. Commissioner Harkins asked for a specific example of a business that Lawrence lost that would have worked on at the Airport Business Park site. Ms. Golden stated that Hills Pet Nutrition was looking for 80-100 acres but Lawrence did not have anything usable and ready. Mr. Herndon stated that they start with subdividing smaller lots that could be combined. Commissioner Harkins asked if the site could have been made suitable for Hills Pet.

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Mr. Herndon replied, absolutely. Mr. Santaularia said they intend to build a speck building for businesses who might want to come to Lawrence. Commissioner Eichhorn asked if ECO2 was supported by the Chamber of Commerce. Ms. Golden replied, yes. The Chamber supported the ECO2 concepts. Commissioner Harris asked if there were existing 120,000 s.f. buildings vacant and available in Lawrence now. Mr. Santaularia replied, no. Chet Fitch, trustee of Grant Township, stated that the township opposed the annexation and rezoning. He had not seen this kind of uproar in a township since the closing of the grant township school. He felt that an elected body should listen. The complaints were not the typical “not in my backyard” complaints. The township was also concerned about drainage issues and did not think that public funds should be used in flood prone areas. He stated that Lawrence must compete with other cities to remain vibrant but felt there were better places to build an industrial park. The township was also concerned about increased use of infrastructure and Grant Township roads. Commissioner Finkeldei asked if Grant Township supported a moratorium on any building or were they just opposed to industrial buildings. Mr. Fitch stated that building north of Mud Creek was fine, but between the creek and river was not a good location. Commissioner Finkeldei asked if a commercial project came along would Grant Township object to it because of the drainage issues. Mr. Fitch replied, possibly. He stated that with the Industrial Park the water was being pushed from North Lawrence onto township roads. Commissioner Harris asked if the zoning IL district would allow some commercial and if there were limits on how much of that land could be commercial. Mr. Patterson replied that commercial uses were restricted to only part of the request. Nancy Thellman, Citizens for Responsible Planning, were opposed to the project. She stated that people were interested in the project because concerns existed. Problems with the project were significant, such as changing the character of the neighborhood and environmental derogation. She went on to say that private developers asking for public money to build something in the floodplain was not right. Commissioner Finkeldei asked if CRP would oppose development of existing commercial property. Ms. Thellman said that CRP would approve growth in North Lawrence on I-59. Commissioner Finkeldei asked if they would object to a residential subdivision.

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Ms. Thellman said that a residential subdivision so close to the floodplain would be a bad idea. It was good farmland because the land holds water. Commissioner Harris asked Ms. Thellman to talk about the levee effect. Ms. Thellman stated that Matt Bond did not seem absolutely sure about what he said. She felt that adding a building inside a bowl protected by levee’s all around did not make sense if there was an option not to do it. Rick Bryant, Chair of Airport Advisory Board, stated that the airport land was flat and confined by boundaries. In about 5 years they would like to extend the main airport runway to the south so the runway protection zone would move farther south. The last extension of the runway included mitigation of wetlands. If there were more run off to the east, there would be concern about attracting birds near the runway. Mr. Ron Schneider, attorney on behalf of Citizens for Responsible Planning, provided letter to request a continuance considering the fiscal impact to the City. He suggested the annexation be heard first and then wait for proper publication for it to become within the City. He felt there was lack of adequate information for consideration and questioned the concurrent consideration of the rezoning with annexation. He thought that the annexation should stand or fail on its own merits. He felt that the Commission had no authority to hear the rezoning until the land had been annexed. He went on to say that the applicant’s aerial image did not show existing homes. He commended Staff but felt that Staff avoided or misunderstood in analyzing the components. He felt that the City should not have to finance the project. He also discussed the transportation costs in raising the roads and questioned why make improvements now and then tear out for future raisings. He felt that the impact of the neighborhood had been ignored. He said that the developer stated they do not have tenants for the site yet. He referenced H2020 and said that it was a massive project so it should be relied on. He read the mission statement from H2020 and cited the Growth Management Policy. He stated that developers should pay for the project to the extent that was reasonable and the residents of the community should not be burdened. He felt that Staff had omitted the cost of the project in the Staff Report. He felt that there was not an adequate evaluation of the North Lawrence Drainage Study and wanted to see improvements of roads and hydraulic structures and emergency vehicle access during flooding. He referenced the New Orleans levee failing and felt that relying on a levee and pump station was not the best thing to do. He referred to Chapter 6 (page 3.2) which requires an impact analysis. He felt that if the project was so good the developer should not have to have the City pay for it. He asked that the annexation be denied for lack of analysis and felt that the applicant wanted to annex the property to have the City pay for the project. He said the rezoning application Golden Rules were not exhaustive. He went on to say that the character of the neighborhood was being altered and that the Staff Report misses great issues. He requested that Planning Commission wait to have fiscal numbers before voting on the issue. Mr. Schneider did not think that the project compliant with the Comprehensive Plan and that the requirements for fiscal analysis had not been met. He said that the Watershed Study states that no building should go there until absolutely certain that there will be no harm. Julie Mitchell, lives in the floodplain area, and was concerned that this project would raise flood insurance rates for Lawrence. Commissioner Eichhorn asked Staff if the FEMA score would be raised. Mr. McCullough replied that if the adopted regulations are not enforced then there might be repercussions to flood insurance. Lane Williams, 1735 E 1500 Road, stated that his home was not shown on the aerial photo that was shown during the developers presentation. He stated that the developer proposes an amendment to H2020 and

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that is a substantial change. He felt the public should have an opportunity to express feelings about the community center being eliminated. He disagreed that Hills Pet Nutrition would have been a good fit for the proposed area. He felt the area would not be suitable for a large lot development. He was concerned about the impact to the neighborhood. He wanted Staff to present more detail about water runoff. Wakefield Dort, KU professor, compiler of Kansas River channel changes. He was concerned about big floods and what could happen. He showed a map from the US Geological Survey that showed the extent of the 1951 flood. In 1951 the Airport was completely underwater after the flood and the 1888 flood might have been worse. He stated that reservoirs could not be counted on because of silting. Commissioner Harkins said that it seemed Mr. Dort was discounting the effectiveness of the dikes that had been added since 1951; they were designed to silt. Mr. Dort said he wanted to consider the possibility of what could happen. Mary Ann Stewart, 511 Lake, stated she was a licensed engineer and felt the project was a financial shortage. The land is flat and slow-slopped and every square inch built increased her risk of flooding. She felt the floodplain boundaries were based on old data. She was concerned about the true cost of development in flood prone areas and about increasing vacancy and blight. She felt the only defense of flooding was good planning. She was opposed to the project. Commissioner Finkeldei asked Ms. Stewart if she would support a moratorium of building in North Lawrence. Ms. Stewart said she was cautious about building in flood areas and felt the cost to the community was great. Commissioner Finkeldei asked Ms. Stewart if she thought 40 million of public money should be spent to implement the North Lawrence Drainage Study or used to buy up all of the homes in North Lawrence. Ms. Stewart said she would not be opposed to the concept of the city buying up all of the homes in North Lawrence. She said that conditions have changed drastically due to building on fill in the last 20 years. Carey Maynard-Moody, said that good planning needs to take into consideration the changing environment. Flooding happens more frequently because the planet is hotter. She stated the North Lawrence Drainage Study was modest. She referenced floodplain information submitted to the City in 1969 which states that the levee will eventually fail. She also referenced a memo from a former Lawrence Stormwater Engineer that stated that the public will bear the cost of recovery from flooding and good planning was based on the changing times. Natalya Lowther, concerned land owner, was opposed to the project. She showed an updated aerial view of her farm. She wanted to see more managing of the flow of water in a long term non engineering approach. She said that the project would impact her ability to remain outside of the City. If the property is annexed she will lose agricultural rights. She showed photos of various flood events. Commissioner Finkeldei asked Staff to address the issue of farmland after annexation. Mr. McCullough said that the Development Code allows agricultural uses to continue. Jana Dobbs, was in favor of the project and said the plan was consistent with H2020. She felt it would expand the tax base and developing community. Charles NovoGradac, owns Chestnut Orchard near proposed project. He stated he was proud to own 20

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acres of good farm land and was opposed to the project. He thought it would be more economical to retain land as agricultural rather than spend money on more infrastructure. Norman Leary, lives on 1479 Road, his grandfather Pine owned 40 acres south of the Airport. He supported the Pine family development plans. He felt that Lawrence should have land available for interested businesses. Ted Boyle, President of the North Lawrence Improvement Association, number one concern was flooding. He stated that North Lawrence never had a stormwater problem until 15 years ago when developers bought up vacant properties, which diverted water onto their neighbors. He wanted a guarantee that the development would not cause damage due to water. His second concern was traffic. He would like to see a traffic study done from the turnpike to Lyon & North Street. Another concern was money spent by the City. Michael Almon, submitted letter about protecting farmland from sprawl. He stated that prior to 1993 flood the attitude was to diminish a severe flooding event. In 1961 levee’s were built to address issues of flooding in the already urbanized area of North Lawrence. After 1993, FEMA changed practices to give incentives for building outside of the floodplain. He said if the City annexes then it has to have 2’ freeboard, which might lead to additional land that may fall into floodplain. He felt that if Highway 24/40 became a levee it might get worse. Wondered if it would jeopardize flood insurance. He discussed Policy #12176 Interlocal Agreement, a City/County policy to safeguard prime agriculture land and limit uses designated as floodplain to agriculture uses and open space. Any moratorium should be the same policy as the Wakarusa River. He felt that because they had a levee it did not mean they should build. Commissioner Finkeldei asked if the 2’ freeboard had been accounted for. Mr. Bond stated that it was addressed on the map he showed earlier in the IL-FP areas. Bruce McKee, felt that property owners would be negatively impacted. His property would be surrounded on all sides by the development. If the proposed buildings are built they will be within 15’ from his house. Margaret Sheek, concerned about water and agriculture. Lives on 1900 Road, lived through floods in 1935, 1951, 1993. She was also concerned because this was prime agriculture land. She stated that more industry could be made but agricultural land could not be made. Pat Ross, 1616 N 1700 Road, farms in the area. Stated the airport was built on prime farm ground but it has been good for the community. No site would be perfect, but he believed the site deserved approval based on it’s proximity to the turnpike, highway, and airport. He felt it would serve the greater good of Lawrence. Alison Myers-Arenti was concerned about taxes. He stated that North Lawrence had the highest taxes but the poorest people living there. Empty buildings sit in North Lawrence already that could be used. He felt that flood insurance would be increased if the project is built. APPLICANT CLOSING COMMENTS Tim Herndon, clarified that the project would not be in the floodplain. The traffic study was comprehensive, the study has been reviewed. The fiscal impacts of the project are reasonable and necessary as it relates to economic vibrance. Traffic improvements, roadway improvements, etc. would all progress concurrently as the development progresses. Commissioner Harkins asked which staff comments the developer did not like. Mr. Herndon stated the conditions on the Preliminary Plat that he was concerned about were 1a and 1b. Jane Eldredge, stated the annexation conforms with H2020. The Airport is a facility that is a City service. The

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Comprehensive Plan intends for industrial development. Chapter 6 page 6.14 identifies commercial centers. Chapter 7, one of the goals is to provide 20,000 new jobs by the year 2020. The development would be consistent with appropriate policies. Industrial property is to be in the UGA. She said that the Plat conditions 1A-1F are not a typical Planning Commission decision. She would like City Commission to deal with those sets of conditions. She also stated that there was nothing inappropriate about hearing annexations at the same time as rezoning. Commissioner Harris said that Planning Commission does have a responsibility to measure request against fiscal impact. Ms. Eldredge said that the Comprehensive Plan was a document that Planning Commission and City Commission both use. Commissioner Harris asked for an example of when public money was used on a project. Ms. Eldredge replied she did not know of an example. Commissioner Harris said that this project cannot happen unless the infrastructure is improved. Commissioner Harkins asked if utilities would be extended across property not owned by the City and would a cost be allocated to people in the pathway. Mr. McCullough stated that analysis is still on-going. The proposed new condition on the plat would address some of that. The difficulty lies in trying to decipher what infrastructure costs that can be directed at this project versus projects slated to exist in the future that would happen eventually without new development. That is why costs are not available yet. That information should be reviewed by City Commission. Commissioner Harkins stated that cost issues seemed to be a City Commission issue that the City Manager would work with the developer on. Mr. McCullough said that looking at the impact of the use and fiscal responsibility lies with City Commission. Ms. Eldredge said that the Pines family had already had about 30 acres of their property taken for various public improvements. All of these things are indications of industrial development to come. She stated that the annexation should be effective with the rezonings, not prior. Commissioner Eichhorn stated that generally most of the Preliminary Plats have included public infrastructure improvements. He wondered if the Planning Commission should discount the North Lawrence Drainage Study in their decision. Mr. McCullough said he did not feel they should discard it because it was an important tool. Commissioner Harris inquired about the affect of stormwater direction and impact on existing wells. Mr. Bond said it could affect ground water but that was not his expertise. Commissioner Blaser inquired about the 100 flood and dikes done on a watershed basis. They are not finite enough to deal with localized areas. Mr. Bond showed map of representation of scenario levee breech. The proposed land was out of the floodplain.

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Commissioner Harkins was concerned about making a decision tonight with the Planning Commission having 3 members absent. The final decision could be made by 2 people. He did not know what the urgency of the project was but it could wait so that they might be able to make an informed decision. Ms. Eldredge said that the applicant would not have an objection to that. Commissioner Eichhorn said the 3 commissioners who were not present may not know what was going on, even if they were to read the minutes. Commissioner Harris agreed with Commissioner Eichhorn that testimony tonight was greater detail then what would be seen in the minutes. Commissioner Eichhorn asked if the Interlocal Agreement that Mr. Almon mentioned was still in effect. Mr. McCullough said he was not sure. Commissioner Harris asked what kind of uses would be in the facility. Mr. Herndon replied there would likely be a warehouse facility. The temporary storage of goods would be a part of the business park. This project would be a much higher guarantee or promotion of bringing higher paying jobs to Lawrence. The types of businesses were speculative at this point. The commercial component about having a grocery was important to the people in North Lawrence but it was not likely that a grocery store would work very well in that area. What would work would be banks, gas stations, sit down restaurants, fast food, etc. Manufacturing and light manufacturing would also be a target. Mr. Santaularia said they would be building a facility for Pioneer Seed. Commissioner Harris was confused about where commercial aspects of the project would be. Mr. Herndon drew a map showing where each use would be on site. IL includes commercial uses. COMMISSION DISCUSSION Commissioner Moore heard a lot of good discussions. Access to good roads, railroad, and Airport all point to industrial uses. He understand the floodplain concerns. And he understood the finances but agreed that it was a City Commission decision. Commissioner Harkins stated that when he first came on to the Planning Commission one of the strongest criticisms was that Planning Commission did not know the rules. He felt the Commission should make a strong effort to make rules clear and stand by them. He said he was not personally comfortable with this project because although it was not technically in the floodplain, it was flood vulnerable. He felt an opportunity was missed to look south near the Wakarusa Water Reclamation Facility for a Business Park. He also felt that they would be losing prime farm land but that the developer met all of the rules. He had mixed feelings about the project and he did not agree with some of the aspects of it. Commissioner Eichhorn asked if the Interlocal Agreement was of concern. Commissioner Harkins said it is of concern and he would like to see it as evidence. He suggested waiting on voting.

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Commissioner Blaser understood the need for new business but he was concerned about North Lawrence flood control issues. He was also concerned about localized rain effects with dikes. He was not comfortable with a flat area trying to direct water and was very uncomfortable with this being built in this area. Commissioner Harkins said that if that was the case then they would need to change H2020 so that they do not double talk. Commissioner Finkeldei agreed that flooding was a prime issue. He fully supported the City Commission coming up with a way to fund the North Lawrence Drainage Study. He wondered if there was a 14” rain would the rezoning affect current residences. He said that flooding was a problem in North Lawrence so any building there would exacerbates flooding. He said they should have a moratorium on building in North Lawrence. He was also concerned about the fiscal impact and said that many individuals do not want the project to be supported by City funds but want public money spent on the North Lawrence Drainage Study. He agreed with Commissioner Harkins that plans support industrial growth near the Airport. He stated most of downtown Lawrence was on prime farmland and some of the people who spoke tonight live on prime farmland. He said that if the project failed there would be farming going on on that property. If it did not fail then there would be a successful business. That would helps fund the North Lawrence Drain Study and help the community as a whole. Commissioner Blaser stated that if streets and infrastructure were in place then the land could not be farmed. Commissioner Finkeldei thought that the streets would not go in during the first phase. Mr. McCullough agreed that technically the streets would not go in during the first phase. Commissioner Eichhorn said that ECO2 was designed to help bring forward the offset of development in these types of areas for public funds. He asked if the City was spending money to bring their project forward was there any design for ECO2 to come forward and be a part of it. Mr. McCullough said that they are actively lending staff support to the next plan of ECO2. Commissioner Harris agreed with Commissioner Blaser about concerns with flooding in the area. She also agreed with Commissioner Harkins about following the rules. In reading the Comprehensive Plan she saw several different plans for that intersection. She would like to see an area plan be implemented for that area. Commissioner Harkins said they should not punish developers for the city having inadequate plans. The other alternative would be housing and he would never approve housing next to the Airport. Commissioner Eichhorn was concerned about the fiscal decision by the City. The City would have 3 weeks to come up with appropriate monetary decision. Mr. McCullough said that should be part of the discussion at City Commission. Commissioner Harris asked if the City could not come up with a reasonable financial situation would they deny the project.

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Mr. McCullough said that no building permits would be issued until an agreement was reached. Commissioner Harris said she did not think she could approve an annexation not knowing if the City could afford the project. Commissioner Harkins said they have a set of rules to follow, and whether or not they like the project is not how they make decisions. If the rules are wrong then they need to change the rules. He felt obligated to proceed with approval of the project. ACTION TAKEN FOR ITEM 16A Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the requested annexation of approximately 144 acres located at E 1500 and US Hwy. 24/40 and forwarding it to the City Commission with a recommendation for approval based on the findings found in the body of the staff report, and subject to the following condition: 1. The City of Lawrence, via fees collected by the developer, will need to compensate Rural Water District #13 of Jefferson County for Rural Water District facilities within the annexed area pri publication of the annexation ordinance. Motion carried 5-2, with Commissioners Eichhorn, Finkeldei, Harkins, Lawson, and Moore, voting in favor. Commissioners Blaser and Harris voted in opposition. Student Commissioner Rob also voted in opposition. ACTION TAKEN FOR ITEM 16B Motioned by Commissioner Finkeldei, seconded by Commissioner Blaser, to approve the rezoning of approximately 99.31 acres from A and B-2 District to IL (with use restrictions) District and forwarding a recommendation of approval to the City Commission, based on the findings of fact outlined in the staff report and subject to the following conditions: 1. Initiation by the Lawrence-Douglas County Planning Commission of a Comprehensive Plan amendment to remove the Neighborhood Commercial Center designation for the N. 7th Street and US 24/40 intersection. Filing of a Final Plat at the Register of Deeds’ Office. Inclusion in the zoning ordinance of the applicant’s proposed restrictions of uses: Fast Order Food; Fast Order Food, with Drive-In; Restaurant, Quality; Food & Beverage; Mixed Media Store; Convenience; Repair Service, Consumer; and Retail Sales, General. Motion carried 6-1, with Commissioners Blaser, Eichhorn, Finkeldei, Harkins, Lawson, and Moore voting in favor. Commissioner Harris voted in opposition. Student Commissioner Robb also voted in opposition. ACTION TAKEN FOR ITEM 16C Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the rezoning of approximately 43.48 acres from A and B-2 District to IL District and forwarding a recommendation of approval to the City Commission, based on the findings of fact outlined in the staff report and subject to the following conditions: 1. Initiation by the Lawrence-Douglas County Planning Commission of a Comprehensive Plan amendment to remove the Neighborhood Commercial Center designation for the N. 7th Street and US

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PC Minutes 10/24/07 DRAFT

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24/40 intersection. Filing of a Final Plat at the Register of Deeds’ Office. Motion carried 6-1, with Commissioners Blaser, Eichhorn, Finkeldei, Harkins, Lawson, and Moore voting in favor. Commissioner Harris voted in opposition. Student Commissioner Robb also voted in opposition.

ACTION TAKEN FOR ITEM 16D Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the rezoning of approximately 26.22 acres from A and B-2 District to IL-FP District and forwarding a recommendation of approval to the City Commission, based on the findings of fact outlined in the staff report. Motion carried 6-1, with Commissioners Blaser, Eichhorn, Finkeldei, Harkins, Lawson, and Moore voting in favor. Commissioner Harris voted in opposition. Student Commissioner Robb also voted in opposition. ACTION TAKEN FOR ITEM 16E Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the Preliminary Plat (PP-06-07-07) of Airport Business Park No. 1, and forwarding a recommendation of approval to the City Commission, with the following revised conditions: (condition(s) deleted are struck thru, condition(s) added are underlined). 1. Revision of the Preliminary Plat to reflect the following conditions: a. Addition of a note stating that a Transfer of Ownership to the City of Lawrence for the pump station properties will be executed before the first final plat is recorded. b. Removal of the utility easements encompassing the entirety of the pump station sites, as ownership of the pump station sites will be transferred to the City. Additional utility easements may need to be dedicated fo the sanitary sewer mains with the final siting of pump stations. c. Revision of the pump station sites to appropriate sizes. The sizes of these sites may need to be slightly altered at a later date prior to final plat recordation based on the layout of the pump stations. d. Addition of a note stating that ownership of the property on which the temporary pump station is located will revert to the adjacent property owners when the pump station is decommissioned. e. Addition of a note stating that funds will be placed in escrow after the approval of the final plat for th future decommissioning and modification of the temporary pump station, and that no building permits will be issued until the funds are in escrow. f. As the access waiver requests for direct access to US 24/40 were denied, the first sentence of General Note #9 will need to be revised to read as follows: “Direct driveway access onto US Hwy. 24/40 is prohibited. Access onto US Hwy. 24/40 from Lot 1, Block Two shall be re-evaluated at the time of site planning. driveway access onto E 1500 Rd., between US Hwy. 24/40 and Bluegrass Dr. shall be prohibited. Dir driveway access onto E 1500 Rd. from Lot 1, Block Four shall be permitted until such time as Bluegrass Drive is constructed. Subsequent to constructing Bluegrass Drive, the access onto E 1500 Rd. from Lot 1, Block Four shall be relocated to Bluegrass Drive.” Hatch marks shall be shown along the entirety of US 24/40 within the project boundaries and along E 1500 Rd., between US Hwy. 24/40 and Bluegrass Drive. g. Inclusion of a note stating that one temporary access point for the temporary sanitary sewer pump station

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will be permitted from Block Five, Lot 1 to E 1500 RD. (N. 7th Street). Access to the pump station shall be relocated to Pine Family Drive through the lot adjacent to the pump station property that is first to develop. If the location of the access point is known, it shall be shown on the plat, with hatch marks included along the remainder of the west side of N. 7th Street. h. Block Five, Lots 2 and 4 will be reoriented so they both have frontage on proposed Pine Family Drive. i. Inclusion of a note stating that access from Block Four, Lot 1 will be offset 125 feet from the centerline Pine Family Drive. If the locations of the access points are known, they shall be shown on the plat, with hatch marks included along the remainder of the northern lot line. j. Dedication of any additional required Right-of-Way, per the approval of the City Engineer. k. i. Revision of Note #15 in the General Notes section to state that the pedestrian ways within pedestri easements are to be constructed concurrent with the paving of the most adjacent roadway shall be constructed per the subdivision regulations Section 20-811(C)(v). l. j. Inclusion of information regarding final plat phasing. This phasing shall be concurrent with phasing Downstream Sanitary Sewer Study. m. Revision to include the airspace overlay zones as described in the Development Code Section 20-302. n. k. Removal of General Note #16e. o. l. Revision of General Note #16f to remove the following language: “Timing of the installation of s improvements will be per the discretion of the property owner(s) [in the instance of private financing] and per the City [in the instance of public financing]. General Notes #16a through f may need to be furthe revised, based on the outcome of discussions related to financing of infrastructure improvements at Commission meeting. p. Dedication of the full right-of-way for E 1500 (N. 7th Street) and US 24/40. Properties that are not part of the associated annexation and subject Preliminary Plat applications will need to be annexed as part of this r-o-w dedication. m. Prior to a building permit being granted for any building associated with Phase A1, an agreement shall be reached between the City and property owner/applicant as to the provision, timing, and financing of all road, water, sewer, and storm water infrastructure for the project. Motion carried 6-1, with Commissioners Blaser, Eichhorn, Finkeldei, Harkins, Lawson, and Moore voting in favor. Commissioner Harris voted in opposition. Student Commissioner Robb also voted in opposition. Commissioner Eichhorn stated he would like ECO2 as part of the negotiations with the City.

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