It’s now up to the City Council to decide whether developers can build a medical office on the northwest corner of the busy 70th Street and Nebraska Parkway intersection.
A divided Lincoln-Lancaster County Planning Commission took two votes Wednesday on the controversial proposal that ultimately allowed it to move forward.
On what was the third vote in two weeks on a zoning change, special permit and comprehensive plan conformance, the commission voted 5-3 to recommend denial.
That gives the proposal the five votes necessary to allow it to move forward to the City Council. Two weeks ago, the commission recommended approval on a 4-3 vote despite planning department opposition.
This week, the first vote ended in a tie when Bailey Feit — one of two members absent last week — joined three other commissioners in voting against recommending approval. The same four commissioners voted for it.
That tie vote meant the proposal wouldn’t move forward, so Commissioner Dick Campbell made a second motion to recommend denial and changed his vote.
“I hope the City Council reviews our hearing and discussion,†Campbell said. “I’m going to vote (to recommend denial) only to move it forward at this point. I still support doing it.â€
Campbell said after the public hearing, he reviewed all the documents and came to the same conclusion, that it seems to be the best use of the property — and developers’ willingness to add a right-hand turn lane on 70th Street will help the busy intersection. He encouraged the city to make adding additional right-hand turn lanes at that intersection a priority.
The busy intersection and Glenbrook LLC’s plans to create a driveway access to 51,000 square feet of office space from Nebraska Parkway were central to the debate over the proposal.
What city planners learned is that even though the city took ownership of the portion of Nebraska Highway 2 within city limits and changed the name to Nebraska Parkway after the South Beltway opened, right of way remains under control of the Nebraska Department of Transportation.
The state initially denied developers access from Nebraska Parkway, but then reversed its decision. City planners remain opposed because, they say, the roadway has for the past 40 years been an expressway and their policies don’t allow driveway access off it for that reason, despite two exceptions. City policy requires street access on expressways be at least a half-mile apart.
Developers argued that the opening of the South Beltway has reduced semitrailer traffic along the roadway and allowing access is an “innovative solution for a complicated property.†They also agreed to build a right-hand turn lane on 70th Street onto Nebraska Parkway.
Access off Nebraska Parkway would include a deceleration lane into the property from the westbound lanes just west of the 70th Street intersection.
The city opposes allowing access to the property from 70th Street because it would be right at the point where the road curves. And, while access from Nebraska Parkway violates their policies, they also oppose the proposal because the comprehensive plan calls for residential development on that land.
Developers say they’ve been unable to get builders interested in a residential development there because of traffic and noise.
A residential development would have access from 69th Street, which is part of the Southfork neighborhood, though the proposed commercial development would not. Developers worked extensively with the Southfork Neighborhood Association and agreed on an extensive set of covenants and as a result, Southfork residents support the proposal.
Other residents, including those in the Country Meadows Neighborhood Association, oppose the plan and worry about increased traffic — including eastbound traffic that will likely want to make a U-turn at 66th or 70th streets to get into the medical clinic — and more commercial development encroaching on residential neighborhoods.
Like Campbell, Commissioner Rich Rodenburg continued to support the proposal as the “best and highest use†of the property and noted that traffic lights are timed to encourage drivers to drive the speed limit along Nebraska Parkway. He said he’d like to know why the state changed its mind about allowing access.
Feit said safety remains her primary concern, noting that there have been 102 accidents at that intersection in the past decade. She also said that north Lincoln needs more health care providers, not south Lincoln.
Maribel Cruz said while she encourages public-private partnerships, the design needs of the whole intersection need to be considered and the city shouldn’t rush to add one right-hand turn lane just because a developer is willing to pay for it.
In the final vote, Campbell, Cruz, Brett Ebert, Gloria Eddins and Feit voted to recommend denial — allowing the council to consider the proposal. Lorenzo Ball, Cristy Joy and Rodenburg voted no (indicating their support of the proposal).