Meeting Information
-Convene
CONSENT AGENDA.
(1) (a) Consider approval of Commission Orders; and
(b) Consider the approval of a resolution for a Cereal Malt Beverage License for Clinton Store located at 598 N 1190 Road, Lawrence, Kansas.
REGULAR AGENDA
(2) Consider request for annexations to Rural Water District #4 (Scott Schultz)
(3) Consider a request for a variance from the Subdivision Regulations to permit the expansion or replacement of an onsite sewage management system in Service Area 1 of Lawrence's Urban Growth Area. (J Rexwinkle is the Planner.)
(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, January 30, 2008 with all members present.
CONSENT AGENDA 01-30-08
Jones moved approval of the following Consent Agenda:
► Commission Order Nos. 08-009; 08-110 (on file with the office of the Clerk); and
► Resolution 08-05 for a Cereal Malt Beverage License for Clinton Store located at 598 N 1190 Road; and
► Fee reports for December 2007.
The motion was seconded by McElhaney and carried 3-0.
RURAL WATER DISTRICT 01-30-08
Scott Schultz, District Administrator for Rural Water District No. 4, brought to the Board a petition for a 160-acre attachment of lands to RWD#4, in Douglas County.
The land is in a proposed area that the water district was allowed to attach additional areas in the entire quarter section in 2004. This will be the end of the district for now.
Jones asked for the classification of N300 Road. Schultz stated he believes it has been upgraded from a minimum maintenance road. Johnson asked if the land was already parceled out as shown on the map. Schultz stated it is and the County has already granted at least one building permit.
Jones moved to approve the annexation for attachment of lands for Rural Water District No. 4, legal descriptions are as follows:
The following parcels comprising the Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.;
(i) The South one-half of the Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.; Also the following tracts of land in the fractional Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.: (ii) Beginning at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09"East, along the North line of said fractional Northwest Quarter 342.00 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.76 feet to the South line of the North Half thereof; thence south 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 342.00 feet to the Southwest corner thereof; thence North 01°15'18" West, along the West line of said fractional Northwest Quarter, 1274.68 feet to the point of beginning; (iii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter 342.00 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, 342.00 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.84 feet to the South line of the North Half thereof; thence south 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 342.00 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.76 feet to the point of beginning; (vi) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter 684.00 feet to the point of beginning; thence continue North 88°21'90" East, along the North line of said fractional Northwest Quarter, 410.00 feet; thence south 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.93 feet to the South line of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 410.00 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.84 feet to the point of beginning: (v) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter 1094.00 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, 376.00 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.02 feet to the South line of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 376.00 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.93 feet to the point of beginning: (vi) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter, a distance of 1470.00 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, a distance of 291.00 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.09 feet to the South line of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 291.00 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.02 feet to the point of beginning; (vii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter, a distance of 1761.00 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, a distance of 291.00 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.15 feet to the South line of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 291.00 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.09 feet to the point of beginning; (viii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter 2052.00 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, 290.90 feet; thence South 01°15'18" East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.22 feet to the South line of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 290.90 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.15 feet to the point of beginning; (ix) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88°21'09" East, along the North line of said fractional Northwest Quarter 2342.90 feet to the point of beginning; thence continue North 88°21'09" East, along the North line of said fractional Northwest Quarter, 290.00 feet to the Northeast corner thereof; thence South 01°32'26" East, along the East line of said fractional Northwest Quarter, 1275.26 feet to the Southeast corner of the North Half thereof; thence South 88°21'56" West, along the South line of the North Half of said fractional Northwest Quarter, 296.35 feet; thence North 01°15'18" West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.22 feet to the point of beginning.
Motion was seconded by McElhaney and carried unanimously.
PLANNING 01-30-08
The Board considered a request for variance to permit the expansion of a septic system in Service Area 1 of the Lawrence Urban Growth Area. The subject property is located at 1115 N 1700 Road, along the south side of Peterson Road, just east of Folks Road. The owner wishes to sell the property as a church, which would increase the occupancy and require the expansion of the on-site septic system. The Planning Staff recommends a denial of the requested variance. J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Current health regulations require that a property be at least five acres in area in order to have a septic system and an on-site well for potable water. The subject property is only 4.752 acres in size.
Jones asked if the landowner wished to be annexed, would that be favorably received by the City, and is there infrastructure to support that. Rexwinkle responded that the property is in a different drainage basin and that it drains from the north and west. As a result, the cost to extend sanitary sewer services to the site would be significant. Jones stated when it is too expensive to extend sanitary sewer services, it becomes easier to put in septic systems. However, that then has to be torn out and replaced. It d sn't bring land into city development in an orderly fashion. Rexwinkle replied that is correct. Jones stated Staff's concern is to get people to work together to bring in development with a reasonable extension of infrastructure.
Rexwinkle stated he has spoken to the utilities department and the landowner cannot connect to the south because of the topography on the site.
Johnson stated the staff report states city services may be available soon. He asked what that means and how long has the property has been in Service Area 1. Rexwinkle stated the City defines Service Area 1 as property to be annexed and city services extended within a five-year period. However, he stated he d s not know when that was determined. He has been told the property to the east, when developed, would make the property able to be serviced with utilities.
Richard Ziesenis, Director of Environmental Health, stated that the existing septic system, installed in 1970, is now obsolete. Someone from his office has viewed the property. There is room to put a whole new system in, but a well needs to be plugged. The approximate cost to make upgrades would be $10,000.
Jones stated at times the Board has given landowners permission to do something provided they hook up to the infrastructure once that is available. He asked Rexwinkle if that option is available. Rexwinkle stated if the Board approves the variance, a site plan for the church would need to be submitted to use the parking lot. A condition of approval would be that they annex and hook up to utilities and services when available. Jones stated if the landowner needs are met with septic, they may feel there is no need to get on board. Uniformity is important to community to get infrastructure in place.
Johnson opened for public comment.
Craig Wright, resident, stated he is opposed to the variance. He stated concerns regarding changed use of property due to his property being down hill from site and also the size of the building for the number of people using the small area. Johnson asked if the City were to annex the property would he still have concerns. Wright stated "yes" he would still have some concerns because the location was not designed for the proposed type of use.
Penny Tuckel, resident, stated she is opposed to the variance.
Reverend Everett Ledbetter, Pastor for church, was not aware letters had been sent out to surrounding neighbors. He stated the Church has no problem annexing the site into City when utilities are available, even if they have to put in a septic system at this time.
Stephen Durrell, owner of 4204 Springhill Drive, stated is opposed to the variance. His main concern is the septic system and what will happen to the natural water areas on the ground.
Jones stated the purchaser needs a better understanding of the annexation costs and what the expectations are. He suggested tabling the item for more information. He questioned when utilities would be available for this site and the cost for hook up. Johnson and McElhaney agreed. Rexwinkle replied that without specific engineering plans, he can not get a good estimate. Weinaug asked for a ballpark figure.
Jones moved to table the item for two weeks for the February 13, 2008 meeting. Motion was seconded by McElhaney and carried unanimously.
ACCOUNTS PAYABLE 01-30-08
Johnson moved approval of an accounts payable wire transfer in the amount of $30,021.75 to be paid on 02/29/08. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 01-30-08
Johnson moved to approve the appointment Kurt von Achen to the Redevelopment Authority as an ex officio (non-voting advisory) member. Motion was seconded by Jones 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