Meeting Information
(Meet in the Commission Chamber)
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of CUP-10-09-07: A request for construction of an elevated water tower located at the Southeast corner of the Intersection of Highway 40 & County Rd 1023. Submitted by Rural Water Dist. #3; Leroy & Jeanne Boucher, property owner of record. (Sandra Day is the Planner)
(3) Consider adoption of resolution to create moratorium on creation of new roads or extension of existing road right-of-way (Linda Finger)-Back-up provided at meeting
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, December 19, 2007 with all members present.
CONSENT AGENDA 12-19-07
Jones moved approval of the following Consent Agenda:
► Commission Order No. 07-181 (on file with the office of the Clerk);
The motion was seconded by McElhaney and carried unanimously.
PLANNING 12-19-07
The Board considered the approval of CUP-10-09-07, a Conditional Use Permit for the construction of an elevated water tower located at the Southeast corner of the intersection of Highway 40 and County Road 1023 as tabled from the Monday, December 17, 2007 meeting. The application was submitted by Rural Water District No. 3 for Leroy and Jeanne Boucher, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion.
Linda Finger, Planning Resource Coordinator, stated she spoke with Evan Ice, County Counselor, who agreed with Staff that a water tower owned by a rural water district placed on leased land should be considered a public utility even though it is not clearly expressed in the regulations right now. Ice proposed the Board except the item as a long-term land lease. The wording in the regulations will be addressed with the other text amendments coming to the Board in January.
Johnson moved to approve CUP-10-09-07 for a 10-year period, with a five-year review and subject to the following conditions:
1. Provision of a revised site plan to include the following:
a. Landscape plan that includes evergreen trees planted along the fence line, adjacent to the public roads, to screen the tower base and any future ground mounted equipment. Plantings should include evergreen trees planted a minimum of 50' on center.
b. Show Base Setback Line for measurement of minimum setback requirement of 40' from center line of road per section 5-1.01.02 of the County Zoning Regulations.
c. Move the location of the tower to the east to increase the setback from the front property line to the minimum required 100' from base Setback Line established per section 5-1.01.02 of the County Zoning Regulations along N 200 Road. (Total minimum setback required is 115' from current west property line).
d. Dimension of the rear setback from east property line (minimum required setback is 30').
e. Note what the maximum tower height is on page two of the site plan.
f. Provision of a note that states: "Future lighting proposed for the base of the tower will require approval by the County Zoning Administrator prior to installation."
The Commission added a seconded condition that places a time limit on the approval of this Conditional Use Permit (CUP) and requires the CUP to be reviewed in five (5) years. To extend the permit beyond 2017 will require re-application and re-approval. The County Commission expressed the clear intent that the permit time limit apply only so long as the tower is on leased property. Upon notification that the ownership of the property the tower is sited on has been transferred to the Rural Water District, the Commission will request the CUP be placed back on their agenda to remove the (second) condition which placed time limits on the Conditional Use Permit. The Commission also indicated that they would not be opposed to re-approval of the request at the end of the ten year time limit if there have been no other changes to the property or to the development regulations that would be contrary to such an action. Motion was seconded by Jones and carried unanimously.
PUBLIC WORKS & MORATORIUM 12-19-07
The Board considered the approval of Home Rule Resolution No. HR-07-12-6, which would implement a moratorium for the extension or creation of roads. Linda Finger, Planning Resource Coordinator, explained the intent of the moratorium is to develop a policy outlining criteria for creating road extensions or new roads initiated by the property owner. However, the moratorium leaves open the right for the Board to initiate the action to extend or create roads as proposed by the County.
Johnson questioned what impact the moratorium would have on the process of rescinding minimum maintenance roads. Keith Browning, Director of Public Works, stated the moratorium would not affect that process. Johnson clarified that the moratorium leaves open the ability of the County Commission to initiate a road project; for the County to improve existing public roads; to allow for the dedication of roads within platted subdivisions; or for the extension of road frontage by the property owner if property right-of-way exists. Finger stated there is also an exemption amendment under Section 2 that would enable the County Commission to make an exception.
Jones stated some of the questions and/or items he would like Staff to consider while addressing the extension or new road criteria include: a straight or direct extension requirement to allow easy access for emergency vehicles; the amount of road improvement required for frontage, and if the property owner will be required to improve the road to the driveway entrance or the entire 250 feet of frontage; he would like to see an analysis on maintenance; opinions from emergency responders, townships, and the Planning Commission; school districts regarding bus routes; and regarding connectivity to other roads.
Jones moved to adopt the HR-07-12-6 establishing a moratorium for the extension or creation of roads to a date no later than June 20, 2008. Motion was seconded by McElhaney and carried unanimously.
ACCOUNTS PAYABLE 12-19-07
Jones moved to approve accounts payable in the amount of $1,066,760.96 to be paid on 12/21/07. The motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 12-19-07
Jones moved to give Craig Weinaug, County Administrator, the authority to sign on behalf of the Commissioners after consultation by telephone with any one of the Commissioners. Motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date