Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of CUP-6-7-09, a Conditional Use Permit for revisions to previously approved CUP-12-12-97. Submitted by Heart of America Teen Challenge, property owner of record. <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Mary Miller is the Planner.
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
Flory called the regular session meeting to order at 6:35 p.m. on Wednesday, July 29, 2009 with two members present. Thellman was absent.
PLANNING 07-29-09
The Board considered the approval of CUP-06-07-09, a request to amend the conditions for a previously approved Conditional Use Permit for Heart of American Teen Challenge [CUP-12-18-97] located at 1332 E 1600 Road, specifically to remove the condition to plat the property. The application was submitted by Mark L. Halford, Executive Director of Heart of America Teen Challenge, Inc., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
According to Miller, the platting was deferred originally until Teen challenge owned the property. It was recently discovered there are issues involved with platting the property today because the property is in UGA, and would require annexation into the city and rezoning. Unfortunately, the City of Lawrence d s not have a category for a group home. Staff recommends dropping plat condition. The condition of survey has been met. The Commission may see future site plans for additional buildings.
Gaughan asked for Miller to explain why platting is required in the UGA. Miller stated in 1998, the County required platting. At that time, the owner could have platted without annexing, with a basic survey that established a lot.
Flory opened the item for public comment. No comment was received.
Flory moved to approve CUP-06-07-09 based on the following findings of fact:
Zoning and uses of property nearby. The subject property is located within a residential area. Single family homes are located to the west across O'Connell Road and the O'Connell Youth Ranch surrounds the property to the south and east. There is one undeveloped parcel to the north that is zoned Agricultural and beyond that is a Planned Residential Development.
Character of the area. The property is located on the east edge of the City of Lawrence. The area is a blend of urban and rural residential uses. The predominate land uses are urban residential and a rural group facility located on heavily wooded property.
Suitability of subject property for the uses to which it has been restricted. The current zoning designation for the property is A (Agricultural) District, a district in which many different agriculture-related uses are allowed. Non-Profit, Religious, Educational and Philanthropic Institutions are allowed in the A district with approval of a Conditional Use Permit (CUP). Approval of the CUP request will not revise the underlying 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. This property is not vacant, but has been used as a group home since the approval of the Conditional Use Permit in 1997.
Extent to which removal of restrictions will detrimentally affect nearby property. The request is to remove the requirement that the property be platted. Platting the property would have little impact on other properties. Removal of this condition should have no detrimental impact on nearby 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. Approval of the request to remove the condition to plat would allow the group home to continue operations while denial would require the proper owner to go through several other processes in order to be compliant with the Code. Platting would result in clearly defined property lines and dedicated easements for future utility lines. However, property lines could be established through a survey of the property and platting could occur at some point in the future when it is more feasible to annex this property into the City.
Conformance with the Comprehensive Plan. This facility is located within Service Area One of the Lawrence Urban Growth Area; however, as is not designed to 'urban densities of development" the existing facility is compliant with the recommendations in Horizon 2020.
AND subject to the following conditions:
1. Execution of an Annexation Agreement.
2. Dedication by separate instrument of additional 7 ft of road right-of-way on the east side of O'Connell Road adjacent to the subject property (totaling 40 ft east of centerline). The Book and Page Number of the Dedication must be noted on the Conditional Use Permit site plan.
3. Provision of a letter from the County Health Department that the septic system and private well meet their requirements.
4. The property shall be surveyed in order to clearly define the property lines.
5. Provision of a revised site plan to include the following note:
a. "The permit will be administratively reviewed by the County in 5 years on December 31, 2014."
b. "The permit will expire at the end of 10 years on December 31, 2019, unless an application for renewal is approved prior to that date by the local governing body."
c. "The facility shall house up to 11 residents, 16 years and older and 3 on-site staff member/counselors. Any increase in the capacity of the facility would require an amendment to the CUP."
Motion was seconded by Gaughan and carried 2-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 2-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date