EDWARDSVILLE PLANNING COMMISSION

EDWARDSVILLE CITY HALL COUNCIL CHAMBERS

690 SOUTH 4^TH STREET P O BOX 13738

EDWARDSVILLE, KANSAS 66113

November 19, 2007

Members present: Brian Smith, Tim Sweeten, Kelli Curry, Jeff Martinique, Woody Berry.

Members absent: Gerald Pappert and Robert Craven

PUBLIC HEARING

To Consider a Re-plat of FEDEX Subdivision, Lot 3, 9152 Woodend Road, Edwardsville, KS. Preliminary and Final Plat. Owner: Canaan Development, Inc.: Jim Denham.

Chairman Martinique: We will call the public hearing to order to consider a re-plat of FEDEX Subdivision, Lot 3, 9152 Woodend Road. This is a preliminary and final plat for Canaan Development, Inc. Notice of this hearing was duly published. Dan, do we have a staff report?

Dan Van Petten: Thank you Mr. Chairman, yes we do. (Please refer to Item A and B attached.) After summarizing his report, Mr. Van Petten continued: We could have a recommendation for conditional approval of the preliminary plat. However, I would want to table the final plat until such time as the preliminary plat was corrected to the satisfaction of the city staff.

Chairman Martinique: Is there anybody here with comments on this particular project?

Jim Denham: Leavenworth, KS. I had received a copy from my surveyor of some of the things that need to be addressed. I am sorry that my engineer is not here. I forgot about the meeting myself. I apologize for that. I think it is pretty straight forward 2.74 acres parcel that we have for a building that is there on the property. If you have any questions, we will try to answer them for you.

Woody Berry: What is going to be the access to that lot off of Woodend Road?

Jim Denham: Per the site plan, of record with the city, there is a curb cut that comes in off of the property. I do have 10.18 acres there. I have developed the back portion and the east portion and I will probably have a center drive come in to feed both the east end and the north portion of that property. But right now with that particular piece of property, we just have one access coming off of Woodend.

Michael Webb: That would be correct, just the access off of Woodend right now. But I think one of the comments from the engineer was that they would like to see a cross access easement to the north and to the east. Not knowing what the future cross access might be, that there will be a general cross access easement of both of those sides. Then once there is complete site development there is the opportunity to have cross access across these lots for future reference.

As far as site plan, there has been a site plan submitted. There hasn’t been a review of the site plan. We got a little ahead of ourselves in that we didn’t have a plat, it was somewhat difficult to look at the site plan.  There hasn’t been that next review of the site plan. So, I agree something was submitted, as part of a building permit process. Part of that is what triggered, but, where is the plat?

Jim Denham: Can I explain that? At the time we had this property I discussed that with the city. That was before Mike was brought in here. They said that I needed to bring in a site plan to get a builders permit, which I did. So then, because I was dividing off one portion off of that site, so I thought we could divide one portion off of that site without having to replat it. So we did that, then after a couple of months of it being in here, we were notified that we needed to replat that. So that is why the site plan was in here prior to the plat. It was news to me or I would have started months before with this process.

Tim Sweeten: Is there something already in the works on a site plan as to what is going to go on there? That we are going to see next?

Michael Webb: Yes, Coleman has an application that was made through the IRB process to build a condominium warehouse project that will start off as a 15,000 foot project with the ability to expand to 30,000 feet on this particular lot. It will be a singe building and sectioned into smaller spaces, about 2500 to 5000 square feet per unit.

Chairman Martinique: Does anybody else have anything to say on this project? If not, we will close the public meeting on this subject.

PUBLIC HEARING

REQUEST FOR CHANGE OF ZONING. APPLICANT: KAW VALLEY ENGINEERING, AGENT. FOR THE FOLLOWING TRACTS OF LAND: 11030,11180,11020,11010 RIVERVIEW AVENUE; 220,230,250, 330, 32R, 222 NORTH 110^TH STREET.

Chairman Martinique: Let’s move on for the request for change of zoning for Kaw Valley Engineering for 10 tracts of land.

Michael Webb: I think for clarity, we can refer to it as the Golden Gaming Application. Would you like to start with the applicant?

Chairman Martinique: Why don’t we start with the applicants.

Pete Petersen: 748 Ann, Kansas City, KS 66101, Attorney. Mr. Chairman it is nice to be back in Edwardsville. Members of the staff we are all here representing Golden Gaming and you will have ample opportunity, I’m sure, to ask us any and all questions you may have. I am just here to introduce the various individuals who are here. The Chairman and Chief Executive Officer of Golden Gaming is Mr. Blake Sartini, the Chief Financial Officer is Mr. Rod Atamian. Director of Marketing is Ms. Amy Sances and the architect for the project is Mr. Albie Colotto. And last is our architect, Mr. Mike Osborn of Kaw Valley Engineering. I would now like to introduce Mr. Rod Atamian.

Rod Atamian: Please refer to Item C attached for the script used by Mr. Atamian.

After Rod Atamian spoke, he introduced Blake Sartini who spoke about the company and the project. Mr. Sartini then introduced Albie Colotto for the Freidmeutter Group, who spoke and followed up with a video presentation and then offered to answer any questions from the audience.

Tim Sweeten: How much does the regional concept evolve and change to what really gets built?

Albie Colotto:  It depends on the owner, with Blake I have known him for 12 years, he is an entrepreneur, he is always looking to put in the best thing. Any changes that usually happen are usually for the better. With this, like around the casino, a lot of casinos you see walls that have slot machines on them. In our layout, we have the casino in the middle and then we have restaurant and entertainment venues that really encompass around the whole rest of the casino. So there isn’t any blank walls, I know he will be searching out the best restaurateurs, the best components we can put in there. So the evolution of that will definitely change but the quality that you see will remain. I can say that because I have done probably about eight to ten projects with Mr. Sartini.

Tim Sweeten: What is the local market that they are going to draw off of or will it have more of a wow factor then the stuff that has been around for eight or ten years?

Albie Colotto: We are really hoping to compliment like across the street at the Legends. That is a state of the art, beautiful complex there, and we just want to add an accent to what you guys have already created here.

Tim Sweeten: My last question is how much are you into the green building?

Albie Colotto: Our firm has licensed LEED people on staff. We talk to our owners about what level they want to go into a project and do a green building. It is very tough doing a project of this magnitude at the different certification levels. What we try to do is use LEED materials that are available. We try to pick contractors that understand what helps with LEED certification. We use our expertise to help guide the owners along to build a green building. We have never done a certified casino building.

Tim Sweeten: Would you even think about doing that?

Albie Colotto: That would be a cost item that the owner would have to make.

Blake Sartini: Those are things that as we get into the design I would be most willing to consider. That discussion is something that we will have top level as we go forward.

Tim Sweeten:  In Edwardsville there has always been this gaming thing that is going to happen and now we are getting closer: it is going to happen. What you will find out here is people just want to be left alone. The impact on the neighborhood up there is going to be one of the big things that you will have to deal with on how you are impacting people across the street.

Blake Sartini: That is an obvious concern and we are not minimizing that and if you look at the design from a birds eye view. You see that the majority of the activity will take place at the I-70 and 110^th Street off ramp area and the golf course is somewhat if it can be, a buffer to many of the residents that are southwest and even east of the project. We are going to be sensitive to those issues. And again we want people to be proud of Edwardsville. To go back to your question, who are we marketing to?  Obviously the State of Kansas wanted a regional destination. That would bring dollars from other locations into the Kansas City area. We are uniquely qualified to build a property that does that, but also caters to the people that live within the area. Our resorts are built that way. 

Tim Sweeten: I like the concept of the living quarters above the retail and above the higher density use. Is that pretty much for sure that the project is going to have that component?

Blake Sartini: The answer to that is that our hope is yes. That is a component that we can’t say is 100%, but we are confident enough that this casino and destination will provide interest in that type of an amenity along with phasing this project. The casino golf course will be phase I. Potentially the others can be part of phase I. But we are being careful with the Legends across the street, we don’t want to compete with that, we want to compliment that.

Tim Sweeten: So with the Slitterbaum in mind and the demographics of what can be supported around here, you feel you could have all that retail and it would all still work?

Blake Sartini: We are convinced we can have retail we are not convinced how much retail we can have and that is what we are trying to evaluate.

Tim Sweeten: The residential part of it, could that happen without the retail?

Blake Sartini: Potentially.

Tim Sweeten: They kind of feed off of each other?

Blake Sartini: They do. They also could be ala carte, if you will and that is something we are exploring as well. The golf course could speak to the residential component as well.

Tim Sweeten: Thank you.

Blake Sartini: Your welcome.

Chairman Martinique: Can we have the staff reports now?

Sue Pennington: I work for Shafer, Kline & Warren, Inc. We were retained by the City of Edwardsville to provide engineering review and staff review on this casino project. Please refer to Item D attached.

Tim Sweeten: Is the sewer a forced main up to the north?

Sue Pennington: Yes.

Mike Osborn: Kaw Valley Engineering. As we looked at different ways to support this project the immediate one is to take it to the north and across the highway over behind the Avalon Hotel. Kansas City Kansas has a very large interceptor in that location. So basically we can gravity feed to a point across the highway. We thought it would be best for the project to locate the lift station that would not necessary gravity feed. It would put it lower and we could serve a larger area south of the highway. By doing that we would not be able to gravity feed to the sewer behind the Avalon. So it would be forced from a location south of the highway, along the highway, under the highway and onto the north. But everything feeding to that location could be put in as a gravity sewer. So it is kind of a combination both gravity and forced main condition.

Tim Sweeten: So it would have capacity for the rest of that north end?

Mike Osborn: Pretty much everything north of Riverview would be covered along with our site and anything that could gravity feed into our site. The lift station itself would feed itself over.

Mr. Osborn referred to a map to explain the area covered by the proposed sewer project.

Chairman Martinique: Dan do you have a staff report for us?

Dan Van Petten: Yes Mr. Chairman. The report is in your packets. Please refer to Item E attached.

Chairman Martinique: Thank you Dan. Is there any comments from the public?

Clarence Mumua: 10700 Riverview, Edwardsville KS. My hearing is not good. I think I heard you say that the retail would be north of I-70 on the sewers and west of 110^th in Bonner. My question is that doesn’t sound like any retails for Edwardsville unless you are willing to let the sewers come across and connect with some of the major projects that we are hoping to get, are you willing to let the sewer lines come across and connect and come underneath the highway?

Mike Osborn: All the properties that will be on the north side of Riverview Avenue between Riverview and the highway, this would be a gravity fed sewer to a point in the center of 435 and 110^th street. The depth and location of the lift station it would pump to the north could feed any of these properties here. There would be a gravity main that would run along the highway and down 110th so these properties west of the main, would be able to extend onto the gravity main and feed their properties. The properties east of the lift station could extend from the lift station as gravity would allow it and topography would fit and feed down to the lift station. That is why we looked at this location it is about the lowest point and opens up the greatest amount of property.

Clarence Mumua: So if it goes underneath the highway and connects with you south of I-70?

Mike Osborn:  As long as it is north of Riverview it can be connected. Between Riverview and I-70 would able to be serviced with this system we are looking at today.

Clarence Mumua: It sounds like it will work. Thank you.

Chairman Martinique: Anybody else out there tonight?

Gary Carpenter: 110 Riverview, Edwardsville, KS. I’m kind of prejudiced about this project, because my property is involved in this. But I think the city of Edwardsville has great opportunity here to open up their 600 acre commercial wannabe zone up there. I think the casino project will be a great anchor for that. It will be a great way to bring the sewers in. I think the committee, all the city should be behind this 100%. I hope the state could be, so that we could get this. I was thinking about staying in Edwardsville and with the revenue this will generate it would get us out of the hole. And I think it would be a great thing for the community. And just to look at the presentation he has shown us tonight, if it is anything like this, I know I would be there gambling. One of the questions Tim asked was what people would come. I think that any casino over here will draw. You know everybody goes to Missouri to gamble. I go all the time and I always see Kansas license plates there. With a casino like this I know people are going to stay here and this would be a great asset to the city of Edwardsville.

Chairman Martinique: Okay, anyone else?  I think it is time to close this public meeting.

REGULAR MEETING 

Chairman Martinique: We will now open the regular planning commission meeting. Has anybody had time to review the minutes from October 17 and 24?

Kelli Curry: I make a motion to approve the secretary’s minutes from October 17 and October 24.

Brian Smith: Second. Motion carried.

NEW BUSINESS 

Chairman Martinique: Okay on New Business we have the FedEx Subdivision Re-Plat, Lot 3, 9152 Woodend Road Preliminary and Final Plat.

Michael Webb: I think our recommendation is that we recommend approval of the preliminary plat subject to the stipulation of engineering and planning staff and to not take action on the final plat at this time.

After discussion:

Tim Sweeten: I make a motion for the approval of the preliminary plat with the conditions outlined in the staff reports.

Woody Berry: Second. Motion carried.

Chairman Martinique: On the request of the change of zoning for Kaw Valley Engineering, do we have any comments or concerns.

After discussion:

Kelli Curry: I make a motion to approve the application for conditional zoning from AG/R to C2, conditional approval of the special use for Lottery Gaming Facilties, and conditional of the preliminary site plan for the RASD overlay noting that site development plans, as submitted, may be amended should the development approval process continue beyond these conditional approvals.

Tim Sweeten: Second. Motion carried.

OLD BUSINESS

Chairman Martinique: Under Old Business Change of Zoning, 9701 Kaw Drive, applicant Gerald Currie. Dan do we have an update for this application?

Dan Van Petten: Mr. Chairman the applicant has not submitted any additional information to us regarding the building design, the engineering questions of access, the structural, how that was going to be done. It has gotten to the point, I don’t know if they are going to. We met with them here at City Hall, city engineer, myself, city administrator, the applicant and his people. And nothing has transpired from that in the past month, so it would probably be the best to recommend denial of the rezoning at this time. At such time that they want to pursue it any further, they can reapply. It has been six months basically.

Chairman Martinique: Haven’t we tabled this about four times?

Dan Van Petten: Yes

Woody Berry: I move that the rezoning change for 9701 Kaw Drive be denied.

Tim Sweeten: Second. Motion carried.

ITEMS FROM THE PLANNING COMMISSION 

Chairman Martinique: On the licensing questions from last month, do we have an update?

Michael Webb: It is still ongoing. Most of our business licenses renew at the first of the year. I’m sorry we have not been able to send out a follow up letter to the four property owners. I did get a number of responses from the council members that we need to notify them and give them an opportunity to come in and make a special application and then move forward from there. We will also do that as part of that notification that their business licenses will be renewing at the first of the year.

After additional discussion, it was agreed that the notifications would be prepared and sent out within two weeks.

Chairman Martinique: Do we have any other items from the planning commission?

Michael Webb: On the fence ordinance, just an update. It did go to the council, they were very pleased with the language they found a few little tweaks in it, that I think were good catches, just some language things, add a definition, when we say agriculture use, what do we mean? That will be on the 26^th agenda hopefully for final approval. The mass of the recommendation that came by this body were generally accepted with a few minor changes.

ITEMS FROM THE FLOOR 

There were no items from the floor.

ADJOURNMENT 

Tim Sweeten: I make a motion to adjourn.

Kelly Curry: Second. Motion carried. Meeting adjourned at 8:25 pm.

The next regularly scheduled meeting is December 19, 2007.

Respectfully submitted,

Michelle Bounds