Archive for Thursday, June 26, 2008

Rezoning OK’d for Walgreens

June 26, 2008

Bonner Springs got one step closer Tuesday night to finalizing plans that would bring new retails stores to the area, including a Walgreens.

At its Tuesday meeting the Bonner Springs Planning Commission unanimously approved a rezoning request and a preliminary plat for Bonner Springs Pointe, a 15.39-acre retail and restaurant district planned northeast of Kansas Avenue and Kansas Highway 7.

The development will include more than 73,000 square feet of retail space in three stores, including a Walgreens store at the corner of K-7 and Kansas Avenue, and at least one restaurant.

The property is now owned by Emmaus Lutheran and Landmark Missionary Baptist churches, which now have church buildings on the property.

Commission chairman Merle Parks sat out of the discussion and votes because his law partner represents one of the churches.

It was the plans for the Walgreens that caused the only friction at the meeting. In his report to the commission, planning director Don Slone included a list of recommended conditions the developer, K.A.V.E., for approval.

The conditions included that Walgreens' parking lot southern entrance - one of two giving access to 129th Street to the west - be eliminated, because it was too close to the intersection at 129th and Kansas Avenue.

The distance from Kansas Avenue is sufficient to meet the standards of the American Public Works Association, whose standards the city has adopted, but those are only minimum standards, said Bill Legge, city engineer.

Don Hathaway Jr., attorney for K.A.V.E., argued against the condition, as did Shawn Stuart, another attorney for the project, a K.A.V.E. employee, and Gary Conwell, an attorney with H.T. Paul, the company that would own the Walgreens.

Conwell hinted Paul might pull out if the commission were to insist on the removal of the south entrance to the store in the preliminary plat as a condition of approval.

"Please don't make that a deal-killer," Conwell said

In the end, the commissioners agreed to remove the condition that the southern entrance be removed, but on different grounds than the developer and prospective business owners might have hoped.

Commissioner Doug Clements moved that the condition be stricken because, he said, the issue could be better dealt with when the development next comes up for site plan approval.

"I agree," said Commissioner Craig Stephan, "but I want the applicant to know we might not approve of the two entrances for the site plan, either."

In other actions Tuesday, the Commission:

¢ Approved a zoning ordinance amendment allowing and regulating electricity-generating wind turbines.

¢ Approved the vacating of an easement for lots 29A and 29B on the second plat at Cedar Springs subdivision. The vacation was to allow an additional four feet for garages on the lots.

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