ITEM NO. 4B: FINAL PLAT FOR FARMLAND NORTHWEST ADDITION; SOUTH OF K-10 AND WEST OF O’CONNELL ROAD (SLD)
PF-12-23-03: Final Plat for Farmland Northwest Addition. This proposed residential and office subdivision contains approximately 53.8931 acres and is located south of K-10 Highway and west of O’Connell Road. Submitted by The Peridian Group, Inc., for Eastside Acquisitions, L.L.C., property owner of record. This item was deferred from the February Planning Commission meeting.
Items 4A & 4B were discussed simultaneously.
STAFF PRESENTATION
Ms. Day explained the revised Preliminary and Final Plats of Farmland Northwest Addition had been redesigned per Staff’s understanding of the Commission’s direction following the final public hearing in February 2004. Public Works and KDOT were aware of the changes and had expressed no objections.
Staff recommended approval of the revised Preliminary Plat and the Final Plat with conditions as listed in the Staff Report.
Staff presented for the benefit of the public the revised street connection design and explained the rationale for connecting to 24th Street Terrace while leaving 24th Street ‘stubbed’. Staff responded to questioning that it was still their opinion that both streets should be connected, because connectivity was important and isolation was not an appropriate long-term solution for the area.
APPLICANT PRESENTATION
Mike Keeney, Peridian Group, was present to answer questions on behalf of the applicant but had no additional information for the Commission.
COMMISSION DISCUSSION
It was discussed that the Commission had chosen the one-connection option as a compromise between Staff’s initial recommendation that both 24th Street and 24th Street Terrace be connected and the requests of the residents of the adjacent subdivision, Anderson Acres, that both streets remain closed.
It was noted that the proposed plat would provide an opportunity for the eventual removal of an undesirable existing curb cut on K-10 highway (west of the plat).
ACTION TAKEN
Item 4A
Motioned by Comm. Schachter and seconded to approve the revised Preliminary Plat for Farmland Northwest Addition, subject to conditions listed in the Staff Report.
PUBLIC COMMENT ON THE MOTION
Although this was not a public hearing Item, Comm. Angino asked a member of the public to comment on the proposed connection of 24th Street. Eldon Statler, 1908 E. 24th Street, said he would prefer 24th Street remain unconnected to prevent traffic from “dumping” into Anderson Acres. He said the area already faced traffic problems generated by the strip mall on (the north side of) 23rd Street.
ACTION TAKEN
Motion on the floor was to approve the revised Preliminary Plat for Farmland Northwest Addition, subject to following conditions:
1. Provision of an executed agreement not to protest
the formation of a benefit district at K-10 and O’Connell Road for geometric
and traffic signal improvements;
2. Provision of an executed agreement to vacate the gas line easement or provision of an encroachment agreement to cross gas line and to go under power line;
3. Provision of a note on the face of the preliminary plat that states; “Public improvement plans shall be provided to and approved by the City Engineer prior to issuance of building permits for Lots 1-3, Block 1 and Lots 19-39, Block 4;
4. Execution of an agreement to specify the location and responsibility in the placement and removal of a temporary pump lift station in the SE corner of the subject property; and
5. Provision of a note on the face of the preliminary plat that states “Additional drainage easements shall be provided by separate instrument on Lot 3, Block 1 when that lot is site planned.”
Motion carried 8-1, with Comm.’s Eichhorn, Burress, Schachter, Schenewerk, Lawson, Jennings, Haase and Johnson voting in favor. Comm. Angino voted in opposition and Student Commissioner Bittenbender voted in the affirmative.
DISCUSSION ON THE ACTION
Comm. Schachter explained for the benefit of the public that the neighborhood residents had followed the correct process by being involved and making their objections known from the beginning. The next step was the City Commission’s consideration of acceptance of easements and rights-of-way, which would be the determining factor in whether or not 24th Street and/or 24th Street Terrace were connected.
ACTION TAKEN
Item 4B
Motioned by Comm. Schachter and seconded to approve the Final Plat for Farmland Northwest and forwarding it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. Current copy of paid property tax receipt at the time of submittal of the Final Plat for filing;
b. Recording fees made payable to the Douglas County Register of Deeds; and
c. Provision of a master street tree plan and filing fee.
2. Execution of an agreement not to protest the formation of a benefit district for:
a. Street and sidewalk improvements for 25th Street; and
b. Intersection improvements for 25th Street and O’Connell Road.
3. Execution of a Temporary Utility Agreement;
4. Provision of a revised stormwater drainage plan per the City Stormwater Engineer’s approval prior to recording of the Final Plat with the Register of Deeds Office;
5. Submittal of a public improvement plan for streets, sidewalks, water and waste water improvements to the City Public Works Department prior to filing of the Final Plat;
6. Provision of a revised Final Plat to include the following notes:
a.
“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;” and
b. “The City is hereby granted a temporary right of entry to plant the required street trees pursuant to Chapter 21, Article 7, Section 21-708a of the City Subdivision regulations.”
7. Provision of a revised Final Plat to include the following corrections:
a. Correct title in Curve Data Table;
b. Correct spelling of Acknowledgement Title Block; and
c. Provide revised street names for Royal Drive and Anna Court per City Staff approval.
8. Pinning of the lots in accordance with Section 21- 302.2.
Motion carried 8-1, with Comm.’s Eichhorn, Burress, Schachter, Schenewerk, Lawson, Jennings, Haase and Johnson voting in favor. Comm. Angino voted in opposition and Student Commissioner Bittenbender voted in the affirmative.