The Lawrence Douglas County Metropolitan Planning Commission on May 28 voted to defer consideration of the Riverfront Addition preliminary plat for 60 days after public commenters — including long-term tenants of city land — said they had not received timely notice and need time to review historical agreements and access easements.

"We do support the general concept of replatting this area," said Sarah Hill Nelson, representing Bowersock Mills and Power Company, during public comment. "But we are here to request that the planning commission would consider tabling this for 60 days." Nelson told the commission she and other tenants only learned in the days before the meeting that the city had submitted a replat and that Bowersock needed time to have counsel and technical staff review lease, easement and access agreements that may be affected.

Luke Mortensen, planner with the Planning and Development Services Department, described the proposed Riverfront Addition as a consolidation of existing development into three blocks and five lots to create clearer property boundaries around existing buildings, including City Hall, Bowersock operations, Abe & Jake's, SpringHill Suites and a city-owned parking area. Mortensen and staff recommended three variances: (1) frontage/access variances for Block 1 lots separated from public right-of-way by the Massachusetts Street bridal deck and BNSF railroad; (2) a reduced lot width for Block 2 Lot 1 (City Hall) from 200 feet required in the P-1 district to 57 feet at the 15-foot front setback; and (3) a reduced right-of-way width for East Sixth Street from 80 feet to 60 feet.

In public comment, tenants raised two central concerns: notification and private easements and leases that may affect rights to access and use portions of the reconfigured parcels. Sarah Hill Nelson said the BNSF railroad regularly stops and blocks access near the riverfront, creating public-safety concerns for users of Burcham Park, and asked the city to consider egress or other safety measures while the plat is reviewed.

Deputy City Attorney Randy Larkin told the commission that plat review is ministerial: "If the applicant meets all the requirements for a plat, they get it. And if they don't meet it, they don't get it. So whether or not there's agreements that might impact, the rights between the city and Bowersock have nothing to do with a plat," Larkin said, noting private agreements are not evaluated by the commission in the plat-review process. He also said variance requests are discretionary and remain subject to the commission's judgment.

Commissioners discussed the adequacy of mailed notice (code requires mailed notice to owners within 200 feet) and the distinction between property owners (who receive mailed notice) and tenants or lessees (who may not receive mailed notice). Several commissioners said they were sympathetic to tenants' request for time to review titles and agreements; one commissioner said the lack of tenant awareness suggested a communications gap.

After debate, the commission voted 6–3 to defer the item for 60 days and directed staff to receive and consider new feedback from parties who came forward at the hearing and return any materially new information for commission consideration.