Archive for Thursday, March 29, 2007

Zoning request met with heat by Shadow Ridge residents

March 29, 2007

Residents at Shadow Ridge don't want to lose the landscaped entryway to their subdivision.

Don Grinnell, who owns the property on which the entry sits, wanted to see the area rezoned.

After hearing both sides of a zoning change request for the property at the corner of 27th and Church streets, the Eudora Planning Commission ultimately decided to deny the change.

While arguing for the change, Kim Jackson of Landplan Engineering, P.A., informed the commission of a lot split filed with the county on the 1.1-acre plat of land, but not the city.

"It's correct on the county, but we need to do it correct on the plat," Jackson said.

Her request was first to rezone the land from its current agricultural designation to commercial, which would blend in with a commercial property directly to the south. Jackson also asked the commission to rezone part of the property on the northern end of the lot for residential use.

Although her request gained approval from city staff, eight Shadow Ridge members stood up to speak against it.

The residents' main concern centered on what would happen with the maintenance of a 30-foot by 30-foot sign easement on Grinnell's property.

Originally, Grinnell had developed the sign to serve as an entryway to Shadow Ridge and as an advertisement for a landscaping business he owned nearby, Jackson said.

"I've had so many problems with this, I don't know where to start," Shadow Ridge resident Rick Evans said.

At the Dec. 6 planning commission meeting, Evans said he heard a similar rezoning request from a representative from McGrew Real Estate, the developer of Shadow Ridge. The commission denied the Dec. 6 zoning request.

Originally, Grinnell had quitclaimed the deed of the property to the developers of Shadow Ridge when he moved from Eudora.

A quitclaim deed signifies the owner quits or transfers any ownership of a certain property. Ownership transfers to whomever the deed is quitclaimed too.

Between December and the current zoning request, the developers of Shadow Ridge quitclaimed the deed back to Grinnell.

"It just looks really fishy to me," Evans said.

Because the recommended action Dec. 6 never made it to the city council, there was no problem bringing the zoning question back before the planning commission, commissioner Richard Campbell said later in the meeting.

Shadow Ridge resident Fernando Zuna also wanted to keep the landscaped entrance.

He suggested a homeowner's association from Shadow Ridge could maintain it.

"We're willing to take responsibility and we support our neighborhood," Zuna said. "Let us keep that landscaping."

The idea of more commercial development on the corner also concerned residents.

"I really don't like the idea of more traffic on Church Street," resident Travis McCormick said.

It's not an easy situation, Eudora City Administrator Cheryl Beatty said.

Because the property lacks sufficient access to Church Street, it would be impossible to zone as residential, she said.

After discussion, the commission voted unanimously to deny the zoning.

As a possible next step, Campbell suggested the group from Shadow Ridge talk with Grinnell concerning the sign property. After the sign issue is resolved, the commission can reconsider zoning, he said.

"We'll just keep wrestling with it," Campbell said.

"Wrestling with it is what I think we need to do," Planning Commission Chairman Kurt von Achen said.

Grinnell decided to fully withdraw his request, Beatty said.

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