Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Public Hearing of the Board of County Commissioners, sitting as the Board of Directors of Hesper Charter Road Improvement District, to consider and order capital improvements to public roads in said District, financed by special assessments upon real estate within the District. (Keith Browning)
(3) Planning item: CUP-01-02-05: Conditional Use Permit request for <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Prairie Moon School, a private school to include an early childhood program and elementary grades program. The property is located at 1853 E 1600 Road and contains approximately 6.4 acres. Submitted by The Waldorf Association of Lawrence, applicant, and Grant Township, property owners of record. (Sandra Day)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
Johnson called the meeting to order at 6:36 P.M. on Wednesday, April 6, 2005 with two members present. Commissioner Jones was absent. The Pledge of Allegiance was recited.
CONSENT AGENDA 04-06-05
There were no items on the Consent Agenda.
PUBLIC WORKS & RESOLUTIONS 04-06-05
On December 15, 2004, the Board adopted Home Rule Resolution No. 04-12-3 creating the Hesper Charter Road Improvement District in Douglas County, Kansas. Keith Browning, Director of Public Works/County Engineer, explained that the resolution required that an Engineer's Report on the nature and cost of the proposed road improvements was filed with the County Clerk on January 20, 2005. The Resolution also dictated a 30-day protest period following the filing of the Engineer's Report and no protest petitions were received during this period. Browning stated that the Board now needs to convene as the Board of Directors of the Hesper Charter Road Improvement District, conduct a public hearing, and determine whether or not the proposed road improvement project should proceed. In addition, the Board needs to finally determine the method of assessing properties within the District for the proposed road improvements. Browning presented a resolution prepared by Evan Ice, County Counselor, and J Norton, the County's Bond Counsel, declaring the proposed improvements are advisable and should proceed. The resolution also sets forth the method of assessing property within the District for those improvements.
The Board convened as Board of Directors of Hesper Charter Road Improvement District. Johnson asked for public comment. No comments were received and Johnson made a motion to close the public hearing. Motion was seconded by McElhaney and carried.
Johnson made a motion to approve Resolution No. 05-18 setting out the findings and determinations of the Board of Directors of Hesper Charter Road Improvement District, Douglas County, Kansas, as heretofore organized by Board of Douglas County Commissioners Resolution No. HR-04-12-3 (the "District"), ordering the contracting for and construction of certain road improvements to roads located within the District, and finding that the costs thereof shall be paid through special assessments levied on the real estate within the District. Motion was seconded by McElhaney and carried.
Johnson then moved approval to authorize the Director of Public Works/County Engineer to move forward with solicitation of bids for the road improvements; McElhaney seconded and the motion carried.
McElhaney made a motion that the Special Board adjourn; Johnson seconded and the motion carried.
PLANNING 04-06-05
The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 16, 2005. This item is CUP-01-02-05: Conditional Use Permit request for Prairie Moon School, a private school to include an early childhood program and elementary grades program. The property is located at 1853 E 1600 Road and contains approximately 6.4 acres. Submitted by The Waldorf Association of Lawrence, applicant, and Grant Township, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The surrounding area is zoned for and used for agricultural activities. The property is developed with an existing facility previously used for elementary education. The Building is currently used for Township activities.
Character of the area. The subject property is the unincorporated portion of Douglas County. The surrounding area is undeveloped and used for agricultural production.
Suitability of subject property for the uses to which it has been restricted. The proposed use will not alter the base zoning district. The proposed use will re-use an existing elementary facility. The subject property is suitable for education and childcare type uses.
Length of time subject property has remained vacant as zoned. The property is developed with an existing (unused) elementary facility. The property has been zoned for Agricultural uses since 1966 and is currently used for Township activities.
Extent to which removal of restrictions will detrimentally affect nearby property. The proposed use will not alter the base zoning district. The proposed use is located within an existing agricultural area and is proposed as a re-use of an existing elementary facility.
Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Approval of the request will expand childcare options within the community and provide for an alternative education experience.
Conformance with The Comprehensive Plan. The proposed request utilizes existing building space originally designed as an educational facility. The proposed request is consistent with the general principals of Horizon 2020 outlined above.
AND subject to the following conditions:
1. Provision of a copy of the approved license from the Douglas County Health Department prior to operation of the preschool/childcare facility;
2. Provision of a letter stating changes in administration, addition of classrooms and/or addition of an outdoor play yard to Planning Staff for review prior to changes; and
3. Provision of a revised site plan to include the following notes and information:
a) Show exterior play yard and fence detail per staff approval;
b) Provision of a note that states: "Maximum student occupancy shall not exceed 90 students without additional site plan review;" and
c) Provision of a note that states: "The Conditional Use Permit will be re-evaluated by the County Commission in 2015. Continuation of the use covered by this CUP beyond 2015 will require the applicant to request a new CUP."
After discussion, McElhaney made a motion to approve CUP-01-02-05 based on the above Findings of Fact and subject to the above conditions. Motion was seconded by Johnson and carried unanimously.
McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date