Meeting Information
6:35 p.m.
-Consider approval of a proclamation for "National 4-H Week" October 8-14, 2012 (4-H Ambassadors)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) REGULAR-Z-12-00098: Consider a request to rezone approximately 31 acres from County A (Agriculture) to County R-T (Rural-Tourism Business), located at 1674 N 1000 Rd. Submitted by Mid-American Association for Autistic Therapy and Research (MAATR), for Marcus and Sandra Patton, property owners of record. (PC Item 2; approved 7-0 on 9/24/12) (Mary Miller will present the item.)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeals 11/2012 (New Appointee)
-Bicycle Advisory Committee 12/2012 (eligible for reappointment)
-Food Policy Council 12/2012
(c) Public Comment
(d) Miscellaneous
(4) Adjourn
Gaughan called the regular meeting to order at 6:35 p.m. on Wednesday, October 10, 2012 with two Commissioners present. Commissioner Thellman was absent.
PROCLAMATION 10-10-12
Ambassadors, Connor Shuck and Kasey Garzillo, Clinton Eagles 4-H Club; and Justin Leonard, Eudora 4-H Club, read a proclamation declaring the week of October 8-14, 2012 as "National 4-H Week." Gaughan moved to approve the proclamation; Flory seconded and carried 2-0.
PLANNING 10-10-12
The Board considered a request for rezoning (Z-12-00098) of approximately 31 acres from County A (Agriculture) to County R-T (Rural-Tourism Business), located at 1674 N 1000 Rd. The application was submitted by Mid-American Association for Autistic Therapy and Research (MAATR), for Marcus and Sandra Patton, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The facility would provide therapy and education services for children and adults with autism. The use would include a commercial riding stable, riding arena, walking trails, cabins, dwelling for on-site manager, open space, and an activity building for music, art and other classes and activities. The plan is to use a mobile home for the caretaker's residence until one can be constructed. The owner will need to seek BZA approval for a Temporary and Conditional Permit for the use of a mobile home on the site.
Discussed during the meeting was the setback as conditioned by the Planning Commission allowing for 100 feet setbacks along the north, east and west sides of the property, and on the south side only on the area needed for parking. The remainder of the south property line would have a setback of 200 feet. The applicant asked the Board to consider also allowing 100 ft of setback on all sides of the property. This would allow for cabins to be built farther apart and other possible buildings.
Staff recommended approval of the rezoning request for approximately 31 acres from A (Agricultural) District to R-T (Rural Tourism) based on the following findings of fact:
I. Zoning and land uses of surrounding properties. The surrounding properties are zoned for and primarily used for agricultural uses. Rural residences and woodlands are also present. The R-T Zoning and rural tourism use would be compatible with the zoning and land uses of surrounding property.
II. Character of the area. This is a rural area with a mix of agricultural and residential uses and has good access to the major transportation network. The area contains the following environmentally sensitive lands: stream corridors, regulatory floodway and floodway fringe, and stands of mature trees. The R-T Zoning is compatible with the character of the area and should serve to maintain and enhance it.
III. Suitability of subject property for the uses to which it has been restricted. The property is suited for uses permitted in the Agricultural Zoning District and is also suited for uses allowed within the Rural Tourism District as the purpose of the district is to permit uses that integrate with and maintain the rural character of the property.
IV. Length of time subject property has remained vacant as zoned. The property is currently developed with agricultural buildings and a mobile home for a farm employee.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Due to the low intensity and agricultural nature of the proposed use there should be no negative impact to neighboring property. Attention will be provided to screening, lighting, and site design and configuration through the site planning stage to reduce or minimize any negative impacts. This setback should adequately buffer the adjacent properties from the use, even with the reduced width of 100 ft on the north and the portion that would be reduced to 100 ft on the south to accommodate the activity center parking area and connection to the access drive. The drive to the west providing access to the cabins would be considered a low-impact use if a note were added to the site plan that the drive was limited to providing access to 4 cabins located on the west and north side of the property. Trees, with a majority being evergreen species, could be planted along the west side of the drive to screen it from the property to the west.
VI. 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. There would be little, if any, gain to the public health, safety or welfare from the denial of the rezoning request. The proposed use would be possible under the A Zoning with a Conditional Use Permit; however, the R-T Zoning offers a more permanent approval for the use.
VII. Conformance with the comprehensive plan. The proposed rural tourism use consists of uses which are permitted in the Agricultural District such as agricultural uses and commercial stables. The proposed uses which would require approval of a Conditional Use Permit are the cabins, caretaker's dwelling, and the activity center. The proposed uses are permitted in the Rural Tourism Zoning District
The property being rezoned is of adequate size to meet the standards of the R-T District, which are the same as those for the B-2 District. The proposed rezoning and subsequent land division would be in conformance with the frontage requirements in the access management standards. The proposed use and the proposed site layout are compatible with the rural character of the area. The subject property meets the criteria for Rural-Tourism commercial zoning.
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to approve the rezoning request Z-12-00098 of approximately 31