Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) Consider approval of Commission Orders
REGULAR AGENDA
(2) Z-08-23-06: A request to rezone a tract of land approximately 10 acres from A (Agricultural) and VC (Valley Channel) to A-1 (Suburban Home Residential)
District. The property is located at 1273 E. 1900 Road. Submitted by David C. and Pamela W. Morrison, property owners of record (Lisa Pool)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, November 15, 2006 with all members present.
PLANNING 11-15-06
The Board considered item Z-08-23-06, a request to rezone a tract of land approximately 10 acres from A (Agricultural) and VC (Valley Channel) to A-1 (Suburban Home Residential) District. The property is located at 1273 E. 1900 Road. The application was submitted by David C. and Pamela W. Morrison, property owners of record. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. This item comes to the Board with a recommendation for approval based on the 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. Rural residences are located to the south and east. Undeveloped property and the Wakarusa River are located to the west and north. Beyond undeveloped property to the north exists a recently A-1 zoned and platted three-acre subdivision, Wakarusa Overlook.
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 inside the Urban Growth Area (UGA).
Suitability of subject property for the uses to which it has been restricted. The subject 10-acre parcel includes an existing residence and outbuildings; thus, it has proven its suitability for residential use. No new development is proposed with the rezoning and platting of this property. As a condition of plat approval, the floodplain area will be labeled as a "no build zone" on the associated preliminary plat.
Length of time subject property has remained vacant as zoning. The property was been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. A single-family residence and outbuildings, which were built in approximately 1995 and remodeled in 1998, exist on the subject 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 singe-family homes, approval of a rezoning of this property from the A (Agricultural) and VC (Valley Channel) Districts to the A-1 (Suburban Home Residential) District should not detrimentally affect nearby properties. No new development is proposed for the property at this time. Additional residential development on this lot would require further subdivision via a replat of the property.
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 the property also includes VC (Valley Channel) zoning, 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 Home Residential) District and platted for residential use. As the sale of residential property creates a new land division for residential purposes, the subject project required rezoning and platting.
A rezoning of the property to the A-1 (Suburban Home Residential) District would provide little benefit to the public health, safety, or welfare. However, as the subject property includes an existing residence and outbuildings, the rezoning would not adversely affect surrounding property owners. Granting the rezoning would allow the current property owner to sell the subject property.
Conformance with the comprehensive plan. The proposed request conforms to several Horizon 2020 policies related to low-density residential uses. Specifically, the property comprises more than three acres of land, which is the recommended minimum lot size within the UGA, and large-lot single-family homes exist to the south and east of the subject property. An additional singe-family residence is pending for the recently A-1 zoned and platted property to the north of the subject property.
AND subject to the following conditions:
1) Recording of a final plat prior to publication of the rezoning resolution.
Jones moved to approve Z-08-23-06, a request to rezone an approximately 10-acre parcel for the sale of an existing single-family residence and outbuildings from A (Agricultural) and VC (Valley Channel) to A-1 (Suburban Home Residential) District. McElhaney seconded the motion and it carried unanimously.
ACCOUNTS PAYABLE 11-15-06
Jones moved to approve payroll in the amount of $682,444.07 to be paid on 11/03/06; lump sum merit payroll in the amount of $76,804.14 to be paid on 11/04/06; KPERS in the amounts of $53,171.36 to be paid on 11/10/06 and $3,697.38 to be paid on 11/17/06; FICA in the amounts $50,051.75 to be paid on 11/10/06 and $5,890.39 to be paid on 11/17/06; and accounts payable in the amount of $895,392.09 to be paid on 11/13/06. The motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.
_________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date