Meeting Information
Amended Agenda
6:35 P.M. (Meet in the Commission Chamber)
-Convene
-Consider approval of minutes for March 24, 2008
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
No. 2 -Tabled from the April 14, 2008 Meeting:
(2) (a) Discussion and consider to approve amendment to Article 18 to change the minimum lot area requirements for residential development in the A and A-1 districts. (Linda Finger)-Back up to be provided later
(b) Discussion and consider approval to adopt resolution for road evaluation criteria for the creation of new property owner initiated new roads. (Linda Finger)- Back up to be provided later
(c) Discussion and consider approval to amend Article 19 to correct formatting changes that have occurred over time to that section of the regulations and to add the "compliance with all applicable state and federal laws" language that was in the draft for value-added ag businesses -which they removed when that section was initiated. (Linda Finger)- Back up to be provided later
(3) Consider approval of Ordinance/Resolution, an amendment to the road surfacing requirement for residential development within the Lawrence UGA, replacing the hard surfaced road requirement with a requirement to meet the county's rock road standard. (Linda Finger)
(4) Consider proposal to channel county funds which are earmarked for historic preservation programs through DMI (Destination Management, Incorporated) (Craig Weinaug)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, April 16, 2008 with all members present.
Jones moved to approve the minutes for March 24, 2008 as amended. Motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 04-16-08
Jones moved approval of the following Consent Agenda:
► Commission order No. 08-035 (on file with the office of the Clerk);
► Fee Reports for March 2008.
The motion was seconded by McElhaney and carried unanimously.
HISTORICAL 04-16-08
The Board considered a proposal to initiate an interlocal agreement to channel County funds, earmarked for historic preservation programs, through Destination Management Incorporated, (DMI). Judy Billings, Lawrence Convention and Visitors Bureau, was present for the discussion.
Paul Bahnmaier, Lane Museum, stated he hopes the new setup will be beneficial to all. He strongly supports the National Heritage area and is hesitant to move into something unknown.
Billings responded that Freedom's Frontier National Heritage Area is a way to grow stronger and work together bringing a greater awareness of Douglas County history so everyone will know the importance of this area.
Martha Parker, resident of Clinton Township, asked for reassurance that in case of disaster, money for the historical programs would not be cut. Craig Weinaug, County Administrator, clarified he could not guarantee the funding would be the same with new commissions.
Johnson stated he is pleased everyone is working together. The way to guarantee funding is to demonstrate the worth and the value of the historical society to the community and its attraction of tourism.
It was the consensus the Board to have the County Counselor initiate an interlocal agreement between Douglas County and DMI to bring back to the Board for action.
PUBLIC WORKS 04-16-08
The Board considered the approval of an Acquisition of Easements with Leo J. Lohmann and Kathleen S. Lohmann (129 N 2190 Road) and James V. Robuck and Charlene M. Robuck, (843 N Kansas Avenue) for the replacement of Drainage Structure No. 21.65N - 1.50 E.
McElhaney moved to authorize the Chairman of the Board to affx his signature to the Contract's for Highway Purposes with Leo J. Lohmann and Kathleen S. Lohmann (129 N 2190 Road) and James V. Robuck and Charlene M. Robuck, (843 N Kansas Avenue) for Drainage Structure No. 21.65N-1.50E. Motion was seconded by Johnson and carried unanimously.
PLANNING 04-16-08
The Board considered initiation of a text amendment to revise minimum lot/parcel area requirements in Article 18 of the Zoning Regulations [Item was tabled at the April 14, 2008 meeting]. Linda Finger, Planning Resource Coordinator, was present for the discussion. This proposed amendment would establish a lower minimum requirement for the lot/parcel area in the A and the A-1 Districts. The minimum areas for all roads, except Principal Arterial roads, would be the same as the County's Sanitary Code (three (3) acres for parcels with a water meter; five (5) acres for parcels without a water meter). The minimum along Principal Arterial roads would be lowered to 10 acres from the current requirement of 20 acres. No further reduction along a Principal Arterial is possible because of the required minimum frontage, setbacks, and width and depth requirements.
After discussion of the issue, it was the consensus of the Board to table the item for additional consideration at the April 28, 2008 meeting.
PLANNING 04-16-08
The Board considered approval and adoption of a resolution for road evaluation criteria for the creation of property owner initiated new roads. This discussion was a continuation of conversations from the March 5, 2008. Work Session on Road Access. Linda Finger, Planning Resource Coordinator, and Keith Browning, County Public Works Director, were present for the discussion.
After a review of the criteria and the weighing or value of the individual criterion, it was the consensus of the Board to direct staff to redraft the evaluation criteria to separate out and emphasize the economic needs, the townships and county engineer's reviews, and recommendations from the consideration of the safety and environmental criteria. Item was tabled for further consideration.
PLANNING 04-16-08
The Board considered initiation of a text amendment to Article 19 of the Zoning Regulations to correct codification errors that have occurred over time in that article of the regulations. Staff also added a "compliance with all applicable state and federal laws" language to the general CUP review criteria in accordance with the previous direction of the County Commission during their discussion of the new "value-added agricultural business" use. Linda Finger, Planning Resource Coordinator, was present for the discussion.
Jones moved to initiate the amendment with revisions as indicated by Staff during the meeting for public hearing in June by the Planning Commission. Motion was seconded by McElhaney and carried unanimously.
PLANNING 04-16-08
The Board considered the adoption of Ordinance No. 8255/Resolution No. 08-14, an amendment to the road surfacing requirement for residential development within the Lawrence UGA, replacing the hard surfaced road requirement in the Subdivision Regulations with a requirement to meet the County's rock road standard. Linda Finger, Planning Resource Coordinator, was present for the discussion.
Jones moved to adopt Ordinance No. 8255/Resolution No. 08-14. Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS & PARCEL SPLIT 04-16-08
Linda Finger, Planning Resource Coordinator, presented the Board (per their direction from the April 14, 2008 meeting) a map approximating the number of additional locations that a third Residential Development Parcel (RDPs) could be located if the parcel at the intersection of any two full-maintenance roads could be have three (3) RDPs. Staff's estimate of the number of potential lots that could be created excluded parcels of less than 20 acres and did not look at specific site or road alignment conditions. A potential of 406 additional buildable parcels was estimated.
Jones stated the number is substantial and he is hesitant to give up the 20 acres minimum lot area requirement. He asked Ms. Finger if she still had notes from when the Commission adopted the Subdivision Regulations to give any guidance on their original intent. He would look for his notes from the original meetings also. Item was tabled for further consideration.
MISCELLANEOUS & ACCESS REQUIREMENT 04-16-08
Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works, asked the Board for an interpretation regarding application of the Access Management Regulations to the proposed new conditional use of "Value Added Agriculture Businesses".
Browning stated the property owned by Bill Schaetzel was purchased prior to October 25, 2006. The property has 1074 feet, not the required 1320 feet of road frontage on a minor collector. Using the Access Management Regulations, the existing parcel would be eligible for a road cut for a single-family residence. Browning stated the Access Management Regulations were not restricted to application of only residential properties and that he would apply the same process to any use proposed on a 'vested' parcel of land. He asked if the Board would agree with this interpretation of the regulations. The Board discussed whether the access, if determined safe, to a 'value- added agriculture business' property should have to meet the minimum frontage requirements or be considered as having vested rights to a road cut with less than the minimum road frontage. The Board broadened the discussion to all conditional use requests, not just requests for value-added agricultural businesses. Johnson stated he felt Board created the access dilemma for existing parcels when the new regulations were adopted and that parcels with less than the required road frontage should be permitted access.
Item was tabled for further discussion.
MISCELLANEOUS 04-16-08
Jones moved to approve a letter to Senator Brownback regarding the Lawrence Community Shelter. Motion was seconded by Johnson and carried unanimously.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
___________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date