Meeting Information
Agenda
Johnson called the meeting to order at 6:35 p.m. on Wednesday, July 19, 2006
with all members present. The Pledge of Allegiance was recited.
REGULAR AGENDA 07-19-06
The Board considered PF-05-12-06 Final Plat of Stevens Addition 2nd Plat, a replat of Quantrill Acres Subdivision Welcome Park. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present along with John Selk, Landplan Engineering, PA, applicant for John Stevens, Concrete Inc., property owner of record. The proposed residential lot contains approximately 5.202 acres and is generally described as being located at the southwest corner of N 800 Road and E 1485 Road. The property is part of a previously platted subdivision. The property is zoned A-1. The A-1 district covers a total of 311 acres in this general area. The subject property is outside of the Urban Growth Boundaries for the City of Lawrence and for Baldwin City. The preliminary plat of Quantrill Acres was approved subject to conditions related to the provision of utility easements and access restriction from what is now N 800 Road. The subdivision plat was approved by the County Commission in September 1972 and predated the joint subdivision regulations. It was noted in the report that the subdivision was prepared in accordance with the then draft, but not adopted, joint subdivision regulations.
The provision of a welcome park as a private amenity was a voluntary action.
Staff recommended approval of the Final Plat of Stevens Addition 2nd Plat and forwarded it to the Douglas County Board of County Commissioners with a recommendation for acceptance with the following conditions:
1. Provision of a revised Final Plat to:
a) Add a note that prohibits direct access to N 800 Road.
2. Execution of an agreement regarding the provision of a water meter
for the proposed lot.
3. Provision of the following fees and recording documentation:
a) Copy of paid property tax receipt;
b) Recording fees made payable to the Douglas County Register of Deeds.
Day requested that the project move forward with action for approval on the final plat. No new dedication of rights-of-way or easements are proposed or required for the lot, making this an unusual item to be forwarded to the County Commission for approval. Day stated the Lawrence Planning Commission allowed public comment for this non-public hearing item at the June 26, 2006 Planning Commission meeting. This is not typical for a final plat. Day reported there was a unanimous vote for recommendation to approve the final plat of Stevens Addition 2nd Plat contingent upon the above recommendations.
Jones commented he was surprised by the unanimous vote. Day responded that the criterion by which the planning department evaluated the proposed subdivision is very specific. The initial intent was to retain the subject property as a park; however, there is no mechanical piece of legislation or restrictions to keep it as a park. The Planning Commission felt they had no other option than to approve the plat.
Jones questioned the history of the property. Day responded that the original subdivision predated the adoption of the subdivision regulations as we see them today. The current subdivision regulations encourage provision for public open space but do not require the dedication of open space. Typically, public open space is dedicated to a particular public entity. In this case, the lot was shown on the plat as essentially private open space with no homeownership agreement or restrictive covenants. Whether or not that was an oversight by the developer, there are no recorded documents anywhere in the files or at the Register of Deeds office.
Jones inquired if there is something written on the Plat referring to the lot as a park. The wording "Welcome Park, Private" was noted as handwritten on the drawing. Jones commented that some people are going to stand up and say they bought their property with the understanding the property was going to be a park area. Is that belief legitimate1/2
Day responded that she has no doubt that some owners do believe that. There are two things that come into play from a staff perspective with respect to the decision of this lot: one, because there are no mechanisms in place to protect the property as a park either under single ownership or ownership under all individuals in the park; second, the property owner has the ability to replat through the subdivision process. Planning Staff concluded that the property d s meet the subdivision requirements.
Jones asked Selk whether it is still possible for the neighbors to make an offer on the property. Selk indicated that is a possibility. Selk also stated that John and Karen Stevens sought his opinion and also talked with a real estate developer. Other than mentioned as "Welcome Park, Private" on the plat, there is no other dedication or wording to verify the establishment of a public park. The property was originally intended to be a private park. However, the current owner has maintained it and paid taxes on it and therefore feels he should be able to sell it. The neighbors are welcome to make an offer on the property.
Johnson suggested that the Board hear the neighbors' comments and perspectives. The meeting was then opened for public comment.
Robin Richards, adjacent property owner, expressed concern about the flooding on the lot. Her house has flooded five times since she has lived there. She asked the recommendation for platting be denied.
Dick Hewitt, neighbor, questioned the wording on the agenda of recommendation
for approval. He understood that the County Commission would approve or deny the platting request.
Day clarified the plat was approved by the City of Lawrence Planning Commission and was sent to the County Commission with recommendation for acceptance.
Hewitt also expressed concern about the ability of the owner to meet setback requirements if he plans to build on the property. In addition, Hewitt stated that the applicant is in violation of the original plat prohibiting direct access from the subdivision to N 800 Road.
Owen Spitz, neighbor, also indicated that he understood the original plat to describe the lot as a "Welcome Park." He confirmed the area d s flood and has washed out the bridge on 800 Road.
Wayne Zackary, who lives in Quantrill Overlook, questioned whether Stevens, after replatting, is still subject to the protective covenants of Quantrill Acres and Quantrill Overlook. Jones replied that the covenants are between property owners, not between the City or the County. Craig Weinaug, County Administrator, also reinforced that the County Commission has no legal standing to enforce covenants; however, he d s not believe that replatting or renaming a subdivision releases the owner from the responsibility of the covenants.
Hewitt read a letter from the original property owner noting John Stevens assured the seller the property would be kept as a park after purchase.
Johnson made a motion to close the public hearing. Jones seconded and the motion carried unanimously.
Jones remarked that when the Planning Commission votes unanimously on an issue, the Board should try to respect that decision. He hopes that the property owners will go on with their lives once this issue is resolved and not feud with their neighbors.
Johnson stated he is willing to have our legal counsel review the information presented to question whether or not the County Commission has a legal authority to do anything other than accept the Planning Commission decision.
McElhaney agreed these are difficult issues, but the Commission has to go with the legal aspect as opposed to the emotional aspect. Because the property was not set up as a park through the neighborhood covenants and the owner has incurred the expenses over the years on the property, he is willing to go along with the Planning Commission's decision.
Jones recommended the neighboring property owners put together a reasonable offer for the applicant.
Johnson directed Keith Dabney, Director of Zoning and Codes, to check to see if the applicant is in compliance with the Home Occupations and Access Rules in relation to N 800 Road. Browning will report to Weinaug, who will advise the commissioners of the results.
Johnson moved to table the issue for the legal staff to review the authority issue. The motion was seconded by Jones.
Discussion of this item was deferred to the August 16, 2006 meeting for further review, pending information requested from Keith Browning and legal counsel. Weinaug will contact Connie Spitz, neighbor, to confirm the rescheduled date.
ZONING 07-19-06
June McAfee discussed a request for variance on her property located in LeCompton, Douglas County, Kansas. The Board referred her to Keith Dabney, Director of Zoning and Codes, for further information regarding the application process.
BUDGET 07-19-06
The Board conducted a work session on the 2007 budget. Jones made a motion to authorize the Publication of Notice for the 2007 Budget Public Hearing as directed based on what can be worked out with the City, and based upon recommendation to reduce the Special Building Fund as necessary to maintain the approved budget level. Motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE
Jones moved to approve accounts payable manual checks in the amount of $23,320.00 to be paid on 07/17/06. Motion was seconded by McElhaney and carried unanimously.
Johnson moved to adjourn the meeting. Motion was seconded by Jones and the vote was carried unanimously.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
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Jamie Shew, County Clerk Charles Jones, Member
Time and Date