NON-PUBLIC OR PUBLIC HEARING ITEM:

PLANNING COMMISSION REPORT SUMMARY

ITEM NO. 1: PF-11-33-04: Final Plat for QuikTrip Store No. 167, a replat of a portion of lots 2, 3, 4, 5, 6 & 7, Co-op Subdivision. The property is generally described as being located at the northeast corner of E. 23^rd Street and Haskell Avenue. Submitted by QuikTrip Corporation, contract purchaser, and Axrom, LLC, property owner of record.

STAFF RECOMMENDATION: Approval of the Final Plat for QuikTrip Store No. 167, 1^st Plat, Lot 1, 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:

Current copy of paid property tax receipt at the time of submittal of the final plat for filing;
Recording fees made payable to the Douglas County Register of Deeds;

2. Submittal of Public Improvement Plans (deceleration lane, sidewalks, sanitary sewer, and storm sewer) to Public Works Department prior to submittal of the final plat for recordation.

3. Pinning of the lot in accordance with Section 21-302.2.

Applicant’s Reason for Request:

Acquisition of whole lots and portions of lots of Co-Op Subdivision for redevelopment of site for QuikTrip convenience store with gas pumps.

KEY POINTS

· Access to E. 23^rd Street covered by adopted 23^rd Street Corridor Study (access plan).

· Joint access to or within property to east and closure of existing curb cut along K10/23^rd Street.

· Additional road right-of-way acquired through road easements.

· Pedestrian access easements.

· Redevelopment along gateway.

· Property includes full and partial lots, plat creates a unified legal description as one lot.

· Access to the site occurs from both E. 23^rd Street and Haskell Avenue.

· Permanent easements for road right-of-way on E. 23^rd Street and Haskell Ave.

· Public access easement on E. 23^rd Street shared access.

ASSOCIATED CASES/OTHER ACTIONS

SP-02-12-04 - Approved by the Lawrence City Commission, September 28, 2004.
PP-02-05-04 - Preliminary Plat approved by the Planning Commission, October 27, 2004.
Acceptance of easements and rights-of-way by City Commission.
Recording of the final plat at the Register of Deeds Office.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING, No public comment received.

NON-PUBLIC HEARING ITEM:

ITEM NO. 1: FINAL PLAT FOR QUIKTRIP STORE; A REPLAT OF A PORTION OF LOTS 2, 3, 4, 5, 6, & 7, CO-OP SUBDIVISION; NORTHEAST CORNER OF E. 23^RD STREET AND HASKELL AVENUE (PGP)

SUMMARY

PF-11-33-04: Final Plat for QuikTrip Store No. 167, a replat of a portion of lots 2, 3, 4, 5, 6 & 7, Co-op Subdivision. This proposed commercial subdivision contains approximately 1.609 acres. The property is generally described as being located at the northeast corner of E. 23^rd Street and Haskell Avenue. Submitted by QuikTrip Corporation, contract purchaser, and Axrom, LLC, property owner of record.

GENERAL INFORMATION

Current Zoning and Land Use: C-4 (General) District; former fuel stop and store, now vacant.

Surrounding Zoning and Land Use: C-4 (General) District in all four geographic directions; variety of commercial uses.

Reason for Request: Acquisition of whole lots and portions of lots for redevelopment of site for QuikTrip convenience store with gas pumps.

Site Summary:

Gross Area: 1.63 acres

Total Site Area: 71,089 sq. ft. This number includes 25’ permanent easement along E. 23^rd Street and 20’ permanent easement along Haskell Ave. Number does not include the 1,020 sq. ft. dedicated for Haskell Ave. right-of-way. The permanent easements are for roadway, public access pedestrian/sidewalk, and utility purposes.

Right-of-ways for adjacent streets

E. 23rd Street – 60’ from centerline

Haskell Avenue – 17’ for total of 50’ from centerline

STAFF REVIEW

The applicant is proposing to construct a 4,555 sq. ft., one story convenience store with gas pumps at the northeast corner of Haskell Ave. and E. 23^rd Street (K-10 Highway). The development, which will occupy Lots 5 and 6 and a portion of Lots 2, 3, 4 and 7, Co-Op Subdivision, will clear all existing development by razing a 14,472 sq. ft. building and removing paving. The center of the site will feature eight self-service gas pump islands under a canopy.

Access to the site will occur from both E. 23^rd Street and from Haskell Avenue. Access from E. 23^rd Street will be through Lot 4, Co-Op Subdivision, which will require the applicant to file a 40’ x 96’ public access easement between the contract purchaser and the adjacent property owner (of

Lot 4). This agreement has been agreed upon by both parties. Access from Haskell Avenue will not require an access easement.

As part of the redevelopment of this site, QuikTrip Corporation will install a right turn lane for southbound traffic on Haskell Avenue. This improvement was conditioned on approval of the site plan, which was approved by the Lawrence City Commission on September 28, 2004. Public improvement plans for the proposed deceleration lane on E. 23^rd Street, sidewalks on both Haskell Avenue and E. 23^rd Street, and storm and sanitary sewers are required by the Public Works Department prior to the filing of the final plat.

The plat illustrates, through proposed relocation of a sanitary sewer that bisects property, the vacation of the existing 10’ utility easement and dedication of new 10’ utility easement along the east property line.

Easements/Rights-of-Way

· An existing 50’ right-of-way on E. 23^rd Street was dedicated for “public use” on Lots 4 and 5 of the Co-Op Subdivision in 1987 (Lot 4) and 1989 (Lot 5) for future E. 23rd Street improvements as identified in the City’s 23^rd Street Corridor Study. The contract purchaser and the City have agreed to share the 50’ right-of-way; the southern 25’ will be dedicated as a permanent easement to the City in anticipation of future improvements to E. 23^rd Street. The permanent easement is for roadway, public access, pedestrian/sidewalk, and utility purposes. The northern 25’ will be incorporated into the redevelopment of the site; specifically, the location of required street trees and a “bonus” 1,275 sq. ft. landscaping bed.

· The contract purchaser and the City have agreed to a 20’ permanent easement along Haskell Avenue to accommodate anticipated road expansion for intersection improvements at Haskell and E. 23^rd Street. The permanent easement is for roadway, public access, pedestrian/sidewalk, and utility purposes.

· The contract purchaser and the City have agreed to a 1,020 sq. ft. (17’ x 60’) right-of-way dedication by separate instrument along Haskell Ave., at the northern property line. This right-of-way will accommodate a relocated bus shelter, located presently in the development’s future access point on Haskell Ave.

Conformance with Preliminary Plat

The final plat conforms to the approved Preliminary Plat for Quik Trip Store No. 167, 1^st Plat, Lot 1 - PP-02-05-04.

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;

2) Submittal of Public Improvement Plans (deceleration lane, sidewalks, sanitary sewer, and storm sewer) to Public Works Department prior to submittal of the final plat for recordation.

3) Pinning of the lot in accordance with Section 21-302.2.