Meeting Information
6:35 p.m. (Meet in the Commission Chamber)
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of CUP-05-02-08: to consider a Conditional Use Permit for Lone Star Lake Bison Ranch, located at 588 N 300 Road (near the intersection of N 300 Road & E 600 Road), Overbrook. Submitted by Don & Terri Gibbs, property owners of record. (PC Item 12; approved 9-0 on 7/23/08) Mary Miller is the Planner.
(3) Consider approval of CUP-05-03-08: to consider a Conditional Use Permit for Pyramid Place Early Education Center, located at 2295 N 1300 Road (near the intersection of N 1300 Road & E 2300 Road). Submitted by Family of Faith Fellowship, property owner of record. (PC Item 11; approved 9-0 on 7/23/08) Mary Miller is the Planner.
(4) Consider approval of SP-05-35-08: to consider a Site Plan for Family of Faith Fellowship Church, located at 2295 W 1300 Road. Mary Miller is the Planner.
(5) Consider petition to extend E400 Road North of N1950 Road (Bob Treanor)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, August 13, 2008 with all members present.
PLANNING 08-13-08
The Board considered the approval of CUP-05-02-08 for the Lone Star Lake Bison Ranch located at 588 N 300 Road, Overbrook. The application was submitted by Don & Terri Gibbs, property owners of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item. Miller stated the applicant intends to sell buffalo products that are raised on the property and limited sales of goods not produced on the property. This use is classified as a Farmer's Market. The item was approved by the Planning Commission with on a 9-0 vote.
Staff recommends approval of a Conditional Use Permit for a country store located at 588 N 300 Road, Overbrook Kansas and forwarding it to the County Commission with a recommendation of approval based upon the following finds of fact:
Zoning and uses of property nearby. The property is located on N 300 Rd (Hwy 56), approximately 3 miles south of Lone Star Lake. The property and the surrounding area are zoned for agricultural use. The subject property contains pastureland, a farm pond, a residence, barn, storage shed and the country store. Land use of nearby property is primarily agricultural with scattered rural residences. Commercially zoned property, B-2 (General Business) District, is located about 1/3 mile to the west of the subject property and contains rural residences and the Globe Store. South of the subject property is the Marvin Robertson estate which contains train cars from Mr. Robertson's collection
Character of the area. This is a rural area with direct access to a major thoroughfare, Highway 56. The area contains agricultural land uses, scattered rural residences and a small amount of commercial development.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 49 acre property is developed with a farm residence and farm outbuildings. The A District allows numerous uses, including agricultural uses and single-family dwellings. This property is suitable for the uses permitted in the A zoning district.
Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" since that adoption. The property is not vacant but contains a rural residence and farm buildings.
Extent to which removal of restrictions will detrimentally affect nearby property. There should be no negative impacts associated with the approval of this CUP.
Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compare to the hardship imposed upon the individual landowners. Approval of the CUP would serve to educate the general public to the farm life and develop an appreciation for the small family farms as well as provide an extra source of income for the farm owners. Denial of the CUP would require the farm owners to sell their products at wholesale and they would be redistributed through commercial outlets. This would remove the rural experience for the general public and possibly reduce the income possible for the farm owner.
Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuances of CUPs but d s recommend that agricultural uses which allow farmers to sell directly to the consumer be permitted in the rural areas of the county.
AND subject to the following conditions:
1) An ADA accessible parking space with signage and accessible ramp to the entrance will be provided by the property owner prior to the commencing of the use.
2) If additional septic system capacity is deemed necessary by the Douglas County Health Department it will be provided by the property owner prior to the commencing of the use.
3) Provision of a revised site plan with the following changes:
a. The title changed from 'Certificate of Survey' to 'Bison Ranch Country Store Site Plan'.
b. Delineation of the area included within the CUP.
c. The addition of the following notes:
- The permit will be administratively reviewed by the County in 5 years (Calendar Year 2013).
- The permit will expire at the end of 10 years (Calendar Year 2018), unless an application for renewal is approved by the local governing body.
- Proposed use: operation of a country store/farmer's market.
After discussion, Johnson opened the item for public comment. No comment was received.
McElhaney moved to approve CUP-05-02-08 for Lone Star Lake Bison Ranch with the above listed conditions as recommended by Staff. Motion was seconded by Jones and carried unanimously.
PLANNING 08-13-08
Consider approval of CUP-05-03-08, a Conditional Use Permit for Pyramid Place Early Education Center, located at 2295 N 1300 Road (near the intersection of N 1300 Road & E 2300 Road). The application was submitted by Family of Faith
Fellowship, property owner of record. The item was approved by the Planning Commission on a 9-0 vote. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of a Conditional Use Permit for a childcare center within the Family of Faith Fellowship Church and forwarding it to the County Commission with a recommendation for approval, based upon the following findings of fact:
Zoning and uses of property nearby. The property is located in the southwest corner of the intersection of N 1300 and E 2300 Roads. The area and the surrounding area are zoned for agricultural use. A church is located on the subject property. Property nearby is agricultural with rural residences. Less than a mile to the west of the subject property is a one-lot subdivision, the Yellow Rose Addition which is zoned A-1 (Suburban Home) District but has not yet been developed. Directly south of this subdivision is property within the City of Eudora that is developed with urban residences.
Character of the area. This is a rural area with agricultural land uses and scattered rural residences in close proximity to urban development within the Eudora City Limits. Eudora City limits are within one mile of the subject property. The area is rural in nature but urban development is located nearby.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 4.5 acre property was previously developed with a church. The A District allows numerous uses, including agricultural uses, single-family dwellings and churches. This property is suitable for the uses permitted in the A zoning district.
Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" since that adoption. The property is currently developed with a church. There is no other development on the property.
Extent to which removal of restrictions will detrimentally affect nearby property. The childcare center will be located within an existing structure. Exterior activities will take place to the south of the building, away from the nearby residences. Given the lack of public comment regarding the childcare center and the separation of the outside activity area from nearby residences there should be no negative public impact associated with the approval of this CUP.
Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compare to the hardship imposed upon the individual landowners. The approval of the CUP would allow the childcare center to co-locate within the church structure and would provide a convenient source of childcare for Eudora and area residents, which would benefit the public safety and welfare. Denial of the CUP would prevent the childcare center from being located in this location.
Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuances of CUPs but Chapter 10, Community Facilities d s identify the need for an expanded early childhood daycare to provide parents greater schedule and employment flexibility. Increased daycare and preschool services are encouraged for age one through kindergarten (page 10-3, Horizon 2020.) The proposed use is in conformance with the recommendation of Horizon 2020.
AND subject to the following conditions:
1) Prior to commencing the use, two hard-surfaced ADA accessible parking spaces shall be provided as shown on the plan, at grade or with ramps.
2) Provision of a revised site plan with the following note added:
"The CUP shall be effective only when the Health Department has approved the capacity of the septic system."
3) Prior to commencing the use, a copy of the State KDHE license shall be provided to the Planning Office for the file.
The Board discussed condition No. 2 concerning the capacity of the septic system. Miller stated the owner has proposed water conserving toilets as opposed to a new septic system, but that would have to be approved by the Health Department. Also, the Zoning Office would have to complete a review and if the building was used for educational use, it would have to be brought up to code. Keith Dabney, Director of Zoning and Codes, was present for the discussion and stated there are several issues that will need to be addressed.
Johnson opened the item for public comment. No comment was received.
Johnson moved to approve the CUP-05-03-08 for Pyramid Place Early Education Center with the above listed conditions. Motion was seconded by McElhaney and carried unanimously.
PLANNING 08-13-08
Consider approval of SP-05-35-08, a Site Plan for Family of Faith Fellowship Church, located at 2295 W 1300 Road. The application was submitted by Rachel Torkelson for the church, property owner of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item. The property consists of 4.497 acres and is located approximately 1 mile south of Eudora in an area that is zoned A (Agricultural) District. Churches are permitted within this district. According to Staff, the property was developed with a church, but has not yet been site planned. A site plan was developed as part of a Conditional Use Permit application which was submitted to permit a pre-school to co-locate within the church. The purpose of the site plan is to document existing conditions. Staff recommends approval of the site plan subject to the following conditions of approval:
1. Applicant will submit a revised site plan with the following changes;
(a) Legal description and gross square footage added.
(b) Number of stories and square footage of the church noted on the plan.
(c) Following note added to the plan: 'Use of site - church'
(d) List the number of parking spaces, including ADA, which are required and the number that are provided.
(e) If any exterior lighting is utilized on the site, please show its location and indicate its direction. List any methods which are used to prevent glare onto adjacent properties.
Johnson moved to approve SP-05-35-08 a site plan for the existing Family of Faith Fellowship Church with the above-listed conditions. Motion was seconded by Jones and carried unanimously.
PUBLIC WORKS 08-13-08
The Board considered a petition to extend E 400 Road north of N1950 Road. Matt Gough, representing, Bob Treanor and neighboring property owners, submitted a petition to extend E 400 Road north from N 1950 Road to the southwest corner of his Treanor's property for a distance of approximately 1/2 mile. The proposed extension would provide access to the South 1/2, SE 1/4, Section 5-12-18 and to the North 1/2, NE 1/4, Section 8-12-18. Both parcels are currently landlocked.
Petitioner wishes to preserve the rock fences that exist within the proposed right-of-way, where possible. Gough stated LandPlan Engineering estimates the cost to build the road at $48,000. The property owner intends to absorb the cost of the road extension. Keith Browning, Director of Public Works, stated he estimates the cost closer to $68,000. Gough provided maintenance estimate costs for Lecompton Township at $1,515 per year. The hope is to generate enough tax revenue on new homes to cover the maintenance. Browning stated the normal standard right-of-way minimum requirement is 70 feet. If the rock fence fell within the right-of-way, the County would be responsible for the rock fences. Browning stated in this instance, design plans may be valuable in determining whether less right-of-way is needed, due to the fact that connectivity is not a factor and there will be no large developments planned for some time in this area. Gough suggested a document excluding the County from liability for the rock fence.
Jones stated concerns with long cul-de-sacs creating problems for emergency vehicles to reach the residences. He feels the County should concentrate on existing infrastructure. He wants to avoid dead ends and cul-de-sacs, and d sn't want to create sprawl. He feels a road extension or creation of new roads should be economically viable. He is not supportive of the extension.
McElhaney stated he is in favor of the extension as long as all conditions are met. He stated this property will never be annexed, and there will not be additional infrastructure.
Johnson prefers to not have the rock walls in the right-of-way and he is supportive of the road extension.
The item was tabled for conditions of acceptance to be determined and approved by the Director of Public Works, and then for the item to be placed on the Consent Agenda for approval. It was determined a vote will show a 2-1 split with Jones in opposition.
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