Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Agreement for Engineering Design Services for Bridge Deck
replacement Project on <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Kansas River Bridge at Lecompton; Bridge No.
21.30-06.15; Project No. 2005-11 (Keith Browning)
REGULAR AGENDA
(2) Planning Items:
(a) Z-09-52-05: A request to rezone a tract of land approximately 3 acres from A (Agricultural) and VC (Valley Channel) Districts to A-1 (Suburban Residential) District. The property is generally described as being located between the Wakarusa River and E 1900 Road, northwest of N 1275 Road. Submitted by John and Rebecca Thomas, contract purchasers, and Blue Jacket Partnership, property owner of record. (Lisa Pool)
(b) CUP-09-07-05: Conditional Use Permit request for Mobile Enviro-Wash Truck Storage. The property is located at 677 E 1250 Road. Submitted by Don Flory, applicant, for James L. Flory, Trustee, property owner of record. (Sandra Day)
(3) Consider approval of computer system upgrade for the Register of Deeds offic
Jones called the meeting to order at 6:33 P.M. on Wednesday, November 16, 2005 with all members present. The Pledge of Allegiance was recited.
Jones introduced Julia Bernard as the student representative from Lawrence High School.
CONSENT AGENDA 11-16-05
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5340. Order is on file in the office of the County Clerk; and
- Approve Agreement with Finney & Turnipseed for Engineering Design Services for Bridge Deck Replacement Project on Kansas River Bridge at Lecompton; Bridge No. 21.30-06.15; Project No. 2005-11.
Motion was seconded by McElhaney and carried unanimously.
PURCHASING & REGISTER OF DEEDS 11-16-05
The Board considered approval of a request to upgrade the computer software for the Register of Deed's Office. Kay Pesnell, Register of Deeds, explained that the software company that is currently used (Custom Software Limited) has merged with Computer Information Concepts (CIC). CIC has submitted a proposal to upgrade our current technology, which would solve some issues with the current system and update all phases of the work flow. The total cost for this conversion is $47,821 which would be paid from the Register of Deeds Technology Fund. Pesnell noted that sufficient funds are available for this purpose.
After discussion, Johnson made a motion to waive the bid requirement of the Purchasing Policy, and approve the bid received from CIC in the amount of $47,821 for the upgrade of the system in the Register of Deed's Office. Motion was seconded by Jones and carried unanimously.
PLANNING 11-16-05
The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 26, 2005. This item is Z-09-52-05: A request to rezone a tract of land approximately 3 acres from A (Agricultural) and VC (Valley Channel) Districts to A-1 (Suburban Residential) District. The property is generally described as being located between the Wakarusa River and E 1900 Road, northwest of N 1275 Road. Submitted by John and Rebecca Thomas, contract purchasers, and Blue Jacket Partnership, property owner of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for denial based on the following finding:
1. The proposed development would be contrary to the access guidelines of Horizon 2020.
Stogsdill noted that Planning staff recommended approval based upon the following Findings of Fact:
Zoning and land uses of surrounding properties. The areas surrounding the subject property are zoned VC (Valley Channel) and A (Agricultural) Districts. The Wakarusa River and undeveloped land are located to the north and west of the subject area, while rural residential homes are located to the south and east.
Character of the area. The area is characterized by the Wakarusa River, with a mix of agricultural uses and rural residences. While the area has a distinct rural character, several single-family residences are located to the south and east of the subject property. The subject property is located outside the Lawrence city limits, but is within the Urban Growth Area (UGA).
Suitability of subject property for the uses to which it has been restricted. With the proximity of the subject area to the Wakarusa River and its inclusion of a special flood hazard area, it is suitable for agricultural uses. However, the site is not utilized for agricultural use. Additionally, the proposed home site itself will be buffered from the river by a minimum 50-foot rear yard setback and a steep bank. The applicant has also indicated that the floodplain area will be labeled as a "no build zone" on the forthcoming preliminary plat.
Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property (3 acres) is unimproved and d s not include agricultural uses. A single-family home, which was built in 1885 and remodeled in 1988, exists on the larger 214-acre parcel.
Extent to which removal of restrictions will detrimentally affect nearby property. As the subject property is located within the Urban Growth Area and is adjacent to large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) and VC (Valley Channel) Districts to the A-1 (Suburban Residential) District should not detrimentally affect nearby properties.
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. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. As a small portion along the subject area's western boundary is zoned VC (Valley Channel) District, this area would not be able to include a building for human habitation. However, it could function with any of the following permitted uses, among others: farm, truck garden, orchard, plant nurseries, and public or private commercial recreational facilities. Properties within the Urban Growth Area must be rezoned to the A-1 (Suburban Residential) District and platted for residential development.
A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety, or welfare. However, as the new owner is expected to construct one single-family home on a 3-acre parcel that is surrounded by single-family homes to the south and east, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the current property owner to sell 3 acres of land for the purpose of residential development.
Conformance with The Comprehensive Plan. Once platted, the proposed request will conform to several Horizon 2020 policies related to low-density residential uses. Specifically, the property comprises 3 acres of land within the Urban Growth Area, which is the recommended minimum lot size within the UGA. Additionally, large-lot single-family homes exist to the south and east of the subject property. It is important to note that a water meter and paved road are available to serve the property. The applicant has also received approval from the Lawrence-Douglas County Health Department for the installation of a septic system on the site.
AND subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning resolution.
Stogsdill noted that the Planning Commission expressed concerns about allowing curb cuts along arterial roads.
Jones questioned the visibility and the average speed on County Route 1057.
Keith Browning, Director of Public Works/County Engineer, stated that the site distance is good and the average speed is 62 miles per hour.
Jones then asked if the proposed entrance was the best location.
Browning said that it is given the fact there is another entrance on the other side of the road.
Jones noted concern about road cuts on arterial roads because it's more dangerous pulling out on a road with high speeds. He would prefer coming off of a slower road with a better defined intersection. He also noted that roads would need to be widened in the future and the more road cuts you have, the harder it becomes, so as a general rule, we are moving away from that.
John Thomas, applicant, gave a brief description of his plans. Thomas noted that a water meter and the septic system have been approved.
Colin Thomas, son of the applicant, gave a brief presentation on his goal to build a world class habitat for all kinds of animals.
Jones made a motion to approve the rezoning request based on the above-referenced Findings of Fact, and subject to the above-referenced condition. Motion was seconded by Johnson and carried unanimously.
PLANNING 11-16-05
The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 26, 2005. This item is CUP-09-07-05: Conditional Use Permit request for Mobile Enviro-Wash Truck Storage. The property is located at 677 E 1250 Road. Submitted by Don Flory, applicant, for James L. Flory, Trustee, property owner of record. Sheila Stogsdill, 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 upon the following Findings of Fact:
Zoning and uses of property nearby. The property is located on the west side of Highway 59 (E 1250 Road). The area is zoned and used for agricultural and rural residential uses.
Character of the area. The character of the area is defined as an agricultural community.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The property was developed with a single-family house.
Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide for the applicant to relocate within the general vicinity of the current operation. The existing driveway will be shared with the residence on the property. The building location and orientation provide separation from the public right-of-way.
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 subject property neither directly benefits the City nor harms the public health, safety and welfare. The underlying A (Agricultural) zoning district is unchanged. This specific request is for construction of an 8,000 SF building for the purpose of truck storage, which would include equipment maintenance and repair of the applicant's fleet and equipment.
Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is consistent with The Comprehensive Plan.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following notes:
a. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2010);
b. The permit will expire at the end of 10 years (Calendar Year 2015), unless an application for renewal is approved by the local governing body;
c. Limit the use to the truck storage activity;
d. This facility is not for the purpose of repair or servicing of equipment other than for the applicant; and
e. The disposal of the sewage shall be subject to the approval of the County Health Department prior to operation.
Johnson made a motion to approve CUP-09-07-05 based upon the above-referenced Findings of Fact and subject to the above-referenced conditions. Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 11-16-05
Johnson moved approval of payroll in the amount of $622,470.12 and electronic funds transfers in the amounts of $45,505.02 for FICA and $43,538.52 for KPERS to be paid 11/11/05. Motion was seconded by Jones and carried unanimously.
Jones made a motion to adjourn; McElhaney seconded and the motion carried.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date