The developer has admitted both verbally and in writing that they are increasing the flood velocity, which violates our local floodplain regulations. This renders the local floodplain development permit approved on 02/16/2024 and all subsequent rezonings illegitimate. The developer claims the velocity increases are "small" but refuses to disclose any actual calculations. However, our local floodplain regulations were developed in the early 2000's to prevent all development in our floodplains. Additionally, for FEMA to approve a fill permit (required for the developer to build), the City had to sign and approve that the local permit was legitimate and followed the City's development code. This is in direct opposition to the City Commissioners claims that the permitting process will provide checks and balances. Detailed information can be found here.
Plan 2040, our Comprehensive Plan for development in the City and surrounding areas, is a binding document that is meant to be used as guidance for all new developments. As stated on page 6:
All development proposals must comply with the Comprehensive Plan. If a proposal does not comply with Comprehensive Plan requirements, then the applicant must pursue a plan amendment. In pursuing an amendment, the applicant must show that the proposal is reasonable within the context of the entire Comprehensive Plan.
It's important to know that the developer attempted to get an amendment to the Comprehensive Plan approved. This amendment, CPA-23-00186, wanted to alter the land use in south Lawrence. This amendment was approved by the City Commissioners but rejected by the County Commissioners due to concerns about removing the open space protections for the majority of the development that is encumbered by the 100-year floodplain. This means that 2040 was never amended and any rezonings violated the Comprehensive Plan. The City still chose to rezone the land anyways. This is absurd considering 2040 is a binding document for the City.
This was passed by the City Commission in 2021 and directed staff to integrate the following principles into city plans:
To achieve net-zero greenhouse gas emissions through a fair and just transition for all communities and workers;
to create jobs with livable wages to ensure prosperity and economic security for all people;
to invest in the infrastructure and industry to sustainably meet the challenges of the 21st century;
to secure for all people for generations to come: clean air and water; climate and community resiliency; healthy food; access to nature; and a sustainable environment; and
to promote justice and equity by stopping current, preventing future, and repairing historic oppression of Indigenous peoples, communities of color, migrant communities, de-industrialized communities, depopulated rural communities, the working poor, women, the elderly, the unhoused, people with disabilities, and youth.