Meeting Information
2:30 P.M. Executive Session to discuss litigation with County Counselor (30 minutes).
3:00 P.M.
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Approval of Construction Engineering Force Account Agreement with KDOT for Route 442 Bridge Replacement Project No. 23 C-4121-01 (Keith Browning)
(c) Consider approval of Personal Services Agreement for Consultant's continued land use planning and consulting services (Linda Finger)
(d) Consider approval of Resolution No. 6682, adopted September 12, 2006, of the City of Lawrence, Kansas requesting the Board of County Commissioners of Douglas County make certain finding regarding the annexation of property pursuant to K.S.A. 12-520c (property located south of I-70 and north of Martin Park)(Dave Corliss)
REGULAR AGENDA
Planning Items:
(2) (a) CPA-2005-02: Joint County Resolution/City Ordinance follow-up to the previously approved Comprehensive Plan Amendment to Chapter 9, Horizon 2020, Park, Recreation, Open Space Areas and Facilities, approved by the County Commission on June 12, 2006. (Paul Patterson is the Planner)
(b) Z-05-11-06: A request to rezone a tract of land approximately 40 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located on the east side of E 1800 Road between N 1000 and N 1100 Roads. Submitted by Dallas Livengood applicant, for Dallas Livengood, Charles Waits, and Mark and Debbie Schr der, property owners of record. (Paul Patterson is the Planner)
(c) PF-08-23-06: Final Plat acceptance of dedication of easements and right-of-way for Livengood Estates Subdivision, located east side of E 1800 Road between N 1000 and N 1100 Roads. This proposed four lot residential subdivision contains approximately 40.91 acres. Submitted by Dallas Livengood, applicant, for Dallas Livengood, Charles Waits, and Mark and Debbie Schr der, property owners of record. (Paul Patterson is the Planner)
(d) CPA-2006-01: Hold a public hearing on proposed amendments to the Comprehensive Plan, Horizon 2020, Chapters 4 & 5. The amendments are: to 'Chapter Four - Growth Management' and 'Chapter 5 - Residential' which pertain to the development criteria for rural residential development in the Unincorporated Area of Douglas County. Associates with text changes in these two chapters are two maps, Map 4-1 and Map 4-2 which depict the criteria that will be used in the evaluation of rural development within the Lawrence UGA, Service Areas 2 through 4, and within the remainder of the Unincorporated Area of Douglas County. There are also changes to the road classifications to the Major Thoroughfare Maps in Chapter 8 [Maps 8-1 and 8-2]. Initiated for public hearing by the Board of County Commissioners on January 25, 2006. (Sheila Stogsdill and David Guntert)
(e) TA-01-02-06: Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider making a recommendation on the adoption of "Subdivision Regulations for Lawrence and the Unincorporated Area of Douglas County, January 26, 2006 Edition." This set of regulations replaces Chapter 21 of the Code of the City of Lawrence, Kansas, with Article 8 in the Land Development Code of the City of Lawrence, Chapter 20 of the Code of the City of Lawrence [adopted July 1, 2006] and replaces in its entirety Article 11 in the County Code, thereby establishing new standards for rural residential development and updated subdivision design standards and development criteria for the platting of lands within the incorporated limits of Lawrence and within the Unincorporated Area of Douglas County. The "Subdivision Regulations, January 26, 2006 Edition" is a general and complete revision of the City of Lawrence and Douglas County's existing, jointly adopted Subdivision Regulations [re: Ordinance No. 5257 and Resolution No. 81-11, and amendments there to] and as such, affects all divisions of land within the corporate limits of the City of Lawrence and the unincorporated area of Douglas County. The "Subdivision Regulations, January 26, 2006 Edition" is incorporated by reference as if fully set forth in this notice. Copies of the "Subdivision Regulations, January 26, 2006 Edition" are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The "Subdivision Regulations, January 26, 2006 Edition" is also available at www.lawrenceplanning.org. TA-01-02-06 and TA-01-03-06, AND CPA-2006-01 are companion documents that together create new Rural Development Regulations within the existing zoning and subdivision regulations of Douglas County. Initiated for public hearing by the Board of County Commissioners on January 25, 2006. The alternate text is also posted at www.lawrenceplanning.org. (Sheila Stogsdill and David Guntert)
(f) TA-01-03-06: Consider amendments to Articles 6, 7, and 18 in the "Zoning Regulations for the Unincorporated Terr
At 2:30 p.m., Johnson made a motion that the Board move into executive session until 3:00 p.m. with Craig Weinaug, County Administrator and Pam Madl, Assistant County Administrator, to discuss possible litigation with County Counselor. The motion was seconded by Jones and carried 2-0. McElhaney was absent. The Board returned to regular session at 3:00 p.m. No action was taken.
Johnson called the meeting to order at 3:05 p.m. on Monday, October 9, 2006
with two members present. Jere McElhaney was absent. The Pledge of Allegiance was recited.
CONSENT AGENDA 10-09-06
Johnson moved approval of the following Consent Agenda:
► Approval of Construction Engineering Force Account Agreement with KDOT for Route 442 Bridge Replacement Project No. 23 C-4121-01 (Keith Browning); and
► Approval of Personal Services Agreement from Linda Finger for Consultant's continued land use planning and consulting services.
The motion was seconded by Jones and carried 2-0.
ANNEXATION 10-09-06
John Miller, Staff Attorney for the City of Lawrence, discussed the adoption of Resolution 6682 initiating the annexation of a 9.9 acre tract located south of I-70 and north of Martin Park for the purpose of constructing a sanitary sewer pumping station. Work is scheduled to begin this fall and be completed in July 2007. Johnson opened the issue for public comment; there was no public comment.
Jones made a motion to approve Resolution No. 6682, adopted September 12, 2006, by the City of Lawrence, Kansas requesting the Board of County Commissioners of Douglas County to make certain finding regarding the annexation of property pursuant to K.S.A. 12-520c (property located south of I-70 and north of Martin Park, and to show finding that the annexation will not hinder or prevent proper growth in the area or of any other incorporated city in Douglas County. The motion was seconded by Johnson and carried 2-0.
SHERIFF & PURCHASING 10-09-06
Ken McGovern, Douglas County Sheriff, presented the Board with a proposal to purchase 17 Digital Ally mirror in-car video systems for the Douglas County Sheriff's office patrol vehicles using equipment reserve money. Video systems help ensure officer safety and integrity, departmental security and court creditability. The choice of the Digital Ally system was based upon product performance testing of five models over a period of three weeks to two months per unit. Digital Ally proved to be the most reliable. Jones made a motion to approve the purchase of 17 Digital Ally mirror video systems and to waive the Purchasing Policy. Johnson seconded the motion and it carried 2-0.
PERSONNEL POLICY 10-09-06
The Board discussed editorial comments regarding the Revised Personnel Policy draft document. Pam Madl, Assistant County Administrator, was present for discussion. Madl will review and revise draft based on Board suggestions. Item tabled to Wednesday, October 11, 2006 meeting.
PLANNING 10-09-06
The Board discussed item Z-05-11-06, a request to rezone a tract of land approximately 40 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located on the east side of E 1800 Road between N 1000 and N 1100 Roads. The application is submitted by Dallas Livengood, for Charles Waits, and Mark and Debbie Schr der, property owners of record. Paul Patterson, Lawrence/Douglas County Metropolitan Planning Department was present for the discussion. Staff recommends approval of rezoning 40.91 acres from the A District to the A-1 District and forwarding it to the Board of County Commissioners with a recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is zoned for agricultural uses. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found in all four directions.
Character of the area. The character of the area is a mix of agricultural and rural residential uses.
Suitability of subject property for the uses to which it has been restricted. The suitability of the use of the subject property for agricultural activity is not questioned. The property may be developed with residential use as it is located within the Urban Growth Area. The property is suitably zoned for agricultural activity.
Length of time subject property has remained vacant and zoned. The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.
Extend to which removal of restrictions will detrimentally affect nearby property. Rural residential uses can be found in all directions. E 1800 is an improved graveled road at this location. The request is consistent with the surrounding development pattern.
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. There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes and the existing rural residential use. The hardship to the applicant is the loss of ability for rural residential development at this time. Staff d s not anticipate any hardship associated with either approval or denial of request on adjoining properties.
Conformance with comprehensive plan. The proposed request conforms to several Horizon 2020 policies related to low density residential uses. Specifically, each lot exceeds the minimum lot size recommendation of three acres within the UGA regarding Policy 1.2a. The rezoning resolution will not be published until the recordation of a final plat.
And with the following condition:
(1) Recording of a final plat prior to publication of the rezoning resolution.
Due to absence of the applicant and an absent Board member, Planner deferred the item to the Wednesday, October 11, 2006 meeting.
PLANNING 10-09-06
Paul Patterson, Lawrence/Douglas County Metropolitan Planning Department deferred item PF-08-23-06, a Final Plat request for Livengood Estates Subdivision, located east of E 1800 Road between N 1000 and N 1100 Roads, to the Wednesday, October 11, 2006 meeting.
PLANNING 10-09-06
The Board considered the approval of a Joint County Resolution/City Ordinance follow-up to the previously approved Comprehensive Plan Amendment to Chapter 9, Horizon 2020, Park, Recreation, Open Space Areas and Facilities, approved by the County Commission on June 12, 2006, and the City Commission on August 15, 2006. Johnson made a motion to open the item for public comment. Jones seconded the motion and carried unanimously. There as no public comment.
Jones made a motion to approve Resolution No. 06-33/Ordinance No. 0841 Joint Ordinance/Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Nine - Park, Recreation, Open Space Areas and Facilities contained in Horizon 2020 and replacing the existing Chapter Nine. The motion was seconded by Johnson and carried 2-0.
SUBDIVISION REGULATIONS & PLANNING 10-09-06
The Board held a public hearing on proposed items: amendments to CPA-2006-1, Comprehensive Plan, Horizon 2020, Chapters 4 &5; the adoption of TA-01-02-06 and TA-01-03-06, which are companion documents that together create new Rural Development Regulations within the existing zoning and subdivision regulations of Douglas County; and TA-12-05-03 revisions recommended to the floodplain management requirements for residential development within the Urban Growth Area of Lawrence as initiated for public hearing by the Board of County Commissioners on January 25, 2006.
The Commission started with eight general issues or policy questions that needed further discussion:
1. Road Frontage along local roads -- should the frontage be 250' or 330'
2. Corner Clearance along local roads -- should the clearance distance be 200' or 250'
3. The extension of Peterson Road as shown in Horizon 2020 on Figures 4-1 and 4-2 (an issue presented by Bob Lichtwardt) *This item was later struck from their list of considerations based on the Commission's opinion that this was a city issue.
4. The elimination of platted subdivisions in the UGA and Rural areas of the county; which had been part of the Bock's original proposal.
5. Changes to Conservation Cluster Developments and the potential for future development of the 40% of the development restricted from immediate development
6. Conservation Easements and the permanence of such easements after annexation of the development by a city.
7. Parent Parcels created in the Rural Area: the number of divisions permitted (1 vs. 2) and individual parcels created (2 vs. 3) and the limitation of parent parcels along local roads to exactly 20 acres.
8. A conflict in effective dates between the Vested Rights section of the Subdivision Regulations and proposed amendments to Article 6 [A-Agricultural District] in the County Zoning Regulations.
Jones opened the discussion for public comment.
Dan King, Douglas County resident, commented that he is not clear on the road frontage issue and requested an explanation on the 250' frontage vs. the proposed 330' frontage.
Bob Lichtwardt, Douglas County resident, expressed concern about a concept map showing an arterial road from Peterson Road westward to Queens Road bisecting Martin Park.
Dave Henry, Douglas County resident, stated that his family has owned property for six generations and is concerned whether the new regulations would apply retroactively to parcels that existed prior to the adoption of the regulations.
After discussion and public comment, the County Commission consolidated their issues for discussion by directing staff to draft language for their consideration on Wednesday, October 11, 2006 to:
- Revise the Access Management Regulations to 330' for minimum frontage along local roads and to 250' corner clearance for local roads
- Revise section 20-806(c)(1) to remove the requirement that Parent Parcel's be exactly 20 acres along local (classified) roads.
- Revise Vested Rights (section 20-801(e)) and Article 6 , Section 6-2.8 (County Zoning Regulations) to eliminate the discrepancy in dates and resolve the gap between the moratorium date of June 1, 2005 and the publication date of the proposed amendments to county regulations
This left the following larger policy issues for discussion at the Wednesday, October 11, 2006 meeting:
1. Residential Development options in the UGA and Rural Area [The Planning Commission's recommended administrative development procedures after elimination of platted subdivisions. Included within this presentation from staff and consultant should be a comparison of conservation easements and future development areas and how the administrative procedure for Conservation Cluster developments has changed from BOCC to PC version.]
2. Parent Parcel in the Rural Area -- the creation of 2 or 3 residential development parcels based on the approval of 1 or 2 divisions per Parent Parcel.
3. RWDs and city contracts with Rural Water Districts based on revisions to the Rural Development Regulations (subdivision & zoning regulations and Horizon 2020 policies) by the County Commission.
4. The effective date for implementation of the new Subdivision and Zoning Regulations and associated documents, such as the Access Management Regulations. [A recommendation from staff, the consultant and the county counselor should be prepared for response to this issue}
Discussion was tabled until the Wednesday, October 11, 2006 meeting.
ACCOUNTS PAYABLE 10-09-06
Jones moved to approve payroll in the amount of $278,444.33 to be paid 10/09/06 and a wire transfer in the amount of $269,349.80 to be paid on 10/06/06. The motion was seconded by Johnson and carried 2-0.
MISCELLANEOUS 10-09-06
The Board discussed setting a date for the final action vote on the subdivision regulation items to be Wednesday, October 18, 2006.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried 2-0.
_________________________ _____________________________
Bob Johnson, Chairman Charles Jones, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date