ITEM NO. 1:              FINAL PLAT FOR LAKE POINTE ADDITION; NORTHEAST CORNER                                                      OF CLINTON PARKWAY AND K-10 HIGHWAY (SLD)

 

PF-02-07-04:  Final Plat for Lake Pointe Addition.  This proposed multi-family residential and commercial subdivision contains approximately 29.7261 acres and is located north of Clinton Parkway and east 926’ from K-10 Highway (SLT).  Submitted by Peridian Group, Inc., for Lake Pointe Addition, LLC, contract purchaser, and Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

 

This Item was pulled from the Consent Agenda and considered at the end of the regular agenda.

 

DraftSTAFF PRESENTATION

Ms. Day introduced the Item, explaining the applicant had requested the Item be pulled from the Consent Agenda in order to request removal or modification of some of Staff’s recommended conditions.

 

APPLICANT PRESENTATION

Mike Keeney, Peridian Group, asked to address conditions 4 & 5, which required submission of a public improvements plan before a Final Plat could be filed.  He said this was a standard condition and was typically not a problem.  However, in this case the typical order of procedure would delay the formation of a benefit district for the improvements at Lake Pointe Drive & Clinton Parkway and would also delay the close of the contract purchase.

 

Greg DiVilbiss also spoke on behalf of the applicant, asking the Commission to remove condition 3, which prohibited access to Clinton Parkway (a principal arterial).  He asked that access restrictions be left off the plat until a traffic study was done that would determine whether this type of restriction was appropriate, or if the southern access to Clinton Parkway was needed to serve the proposed development.

 

Mr. Keeney explained ways in which traffic on this section of Clinton Parkway would travel slower than normal and would make an access point less inappropriate.

 

It was suggested that allowing the requested access change would be a significant alteration from the Preliminary Plat and proper procedure would be to require a revised Preliminary Plat prior to approval of this Final Plat.  Since the applicant was anxious to get the benefit district underway, Mr. Keeney said he would prefer to move ahead with the current Final Plat and replat later if the Clinton Parkway access was a “deal breaker” for the property owner.

 

CLOSING COMMENTS

Ms. Day said Staff had no objection to removing conditions 4 & 5, explaining the agreements were already signed, but had not been executed.

 

Regarding condition 3, Ms. Day said concern about this arterial access was expressed by the City’s Engineer, Traffic Engineer, Traffic Planner and KDOT.  In Staff’s opinion, it was unlikely a traffic study would support this arterial curb cut.  Furthermore, one of the original curb cuts in this segment of Clinton Parkway had been eliminated because of the high speed of traffic in the area.  Sight-distance and proximity to the SLT access ramps were issues of additional concern.

 

COMMISSION DISCUSSION

It was suggested that, although this plat solved several traffic problems previously identified for this area, removing condition 3 would be inappropriate for several reasons, including non-conformance with the Preliminary Plat and violation of several adopted documents.

 

ACTION TAKEN

Motioned by Comm. Schachter and seconded to approve the Final Plat for Lake Pointe Addition and forward it to the City Commission for acceptance of easements and rights-of-way, subject to the following revised conditions:

 

1. Provision of the following fees and recording documentation:

    1. Current copy of paid property tax receipt at the time of submittal of the Final Plat for filing;
    2. Recording fees made payable to the Douglas County Register of Deeds;
    3. Provision of a master street tree plan; and
    4. Pinning of the lots in accordance with Section 21-302.2.
  1. Execution of a Temporary Utility Agreement;
  2. Provision of a revised Final Plat to amend general note 8 to read as follows:
    1. Draft“There shall be no direct access from Lot 1, Block 1, and Lots 1 and 2, Block 2 to Clinton Parkway.”
  3. Provision of a revised Final Plat to include:
    1. Provision of the following note on the face of the final plat: “Soils investigations shall be performed before primary structures are erected on lots with slopes greater than 3:1, or non-engineered fill greater than 12 inches. A soils engineer licensed by the state of Kansas shall perform investigations, and a report of the investigation shall be submitted to the City of Lawrence Codes Enforcement Division. Other lots may be required to be investigated where excavation reveals indications of unsuitable conditions”;
    2. Provision of MEBOS for lots adjacent to a drainage easement; and
    3. Provision of a revised final plat to include a proposed street name for the east/west street segment along the north property line.

 

 

Motion carried unanimously 9-0, with Student Commissioner Bittenbender also voting in the affirmative.

 

The Commission proceeded at this point to the Miscellaneous section of the agenda.