Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of 2003 Township Annual Reports (Debbie Sparkes)
(c) Authorize Notice to Township (Patty Jaimes)
(d) Consider approval of bids for various signs, posts and miscellaneous materials for county and township use (Keith Browning)
REGULAR AGENDA
(2) Planning Item: Z-09-30-03: A request to rezone a tract of land approximately 154.9 acres from A (Agricultural) District to I-2 (Light Industrial) District. The property is generally described as being located north of N 1800 Road (Farmer's Turnpike) and west of E 900 Road. Submitted by 1800 Junction L.C. Property for Russell L. Tuckel, Jr., Penny J. Tuckel/Venture Properties, Inc., property owners of record (Jeff Tully)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Jones called meeting to order at 6:38 P.M. on Wednesday, March 17, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 03-17-04
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5230. Order is on file in the office of the County Clerk;
- Approve 2003 Township Annual Reports;
- Authorize Notice to Clinton Township for Jerk Water Grille; and
- Accept bids for various signs, posts and miscellaneous materials for county and township use as follows:
Custom Products $ 7,307.17
Rocal, Inc. $ 1,503.80
Vulcan Signs $ 9,488.88
National Sign $ 1,575.00
DYNA Engineering $ 819.00
Bid Total $20,693.85
Motion was seconded by McElhaney and carried unanimously.
PLANNING 03-17-04
The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 28, 2004. This item is Z-09-30-03: A request to rezone a tract of land approximately 154.9 acres from A (Agricultural) District to I-2 (Light Industrial) District. The property is generally described as being located north of N 1800 Road (Farmer's Turnpike) and west of E 900 Road. Submitted by 1800 Junction L.C. Property for Russell L. Tuckel, Jr., Penny J. Tuckel/Venture Properties, Inc., property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Tully stated that a valid protest petition was on file which will require a unanimous vote of approval by the Board of County Commissioners. This item comes to the Board with a recommendation for denial based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. All of the properties surrounding the subject tract are zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land. A variety of agricultural uses also exist.
Character of the area. Land uses surrounding the subject property consists of agricultural uses combined with rural single-family residences. No industrial or commercial uses occur on any land adjacent to the subject property or in the general area of the subject property.
Suitability of subject property for the uses to which it has been restricted.The subject property is located outside both the current and recently approved by the City Commission (as recommended by the Douglas county Commission on November 19, 2003) Lawrence Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands are used for a variety of agricultural uses and rural single-family residences on large tracts of land. Industrial and commercial uses -- the closest, a Rural Water District water tower located southwest of the subject property -- have not diminished the suitability of the subject property for agricultural purposes, including single-family residences.
Length of time subject property has remained vacant as zoned. The subject property is not currently vacant and has been zoned A (Agricultural) District since 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a rezoning from A (Agricultural) District to I-2 (Light Industrial) District will impact the surrounding agricultural and residential uses and will allow a greater range of non-agricultural and non-residential land uses than currently permitted.
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. Interjection of an urban use in a predominately rural area that is unprepared to handle the associated urban growth pressures could be detrimental to the agricultural and residential character and land uses to the north, south, east and west of the subject property. Because infrastructure is not yet in place to accommodate industrial or higher density uses on the subject property, the introduction of elements such as a lagoon for wastewater collection would be unconventional as large scale projects in Douglas County have not been served by lagoons for wastewater collection. These issues speak to the premature timing of this request for rezoning and any associated development in this part of Douglas County.
Conformance with The Comprehensive Plan. Horizon 2020 clearly supports the retention of industrial uses and limited expansion of industrial districts outside of an urban area. The proposed rezoning request d s not conform to the comprehensive plan because the existing character of the area is not defined as industrial in nature. Because the subject property is outside of Lawrence City limits and outside of the Lawrence Urban Growth Area (as recently approved for revision) rezoning this property and any subsequent use would result in leapfrog development, which is inconsistent with Horizon 2020.
Phil Struble, LandPlan Engineering, appearing on behalf of the applicant, stated that this is a good location because of its access to transportation networks. The site has a 6" water line crossing in front of the site and a water tower is located across the road from the site. Struble noted that the rural water district expressed concerns and the applicant is willing to restrict water usage as a residential volume user. Struble also addressed fire protection issues stating that there would be separate fire protection water from potable water. Struble noted that the infrastructure is available to provide this park. This is not a residential site and the parcel is in a non-residential location.
Todd Thompson, attorney, appeared on behalf of the applicant. Thomson stated that the reason for the selection of this site is the roadway system that is already in place. Thompson then discussed the Golden Factors addressed in the Planning Staff's report.
Price Banks, attorney representing Scenic Riverlake Community Association, conducted a brief presentation. Banks stated that this proposed change is in conflict with policies and the future land use map set out in Horizon 2020. Banks also stated there was no guarantee the property would remain in control of the current owner. The Association is concerned that the applicant would be able to develop the property with any land uses listed in R-1, B-1, B-2, OR I-2 District which could include a truck stop, a Wal-Mart Store or any big box store which would have a profound negative effect on nearby properties. Banks requested that the Board deny the request for rezoning.
The Board heard comments in opposition from the following nearby residents: David Ross, Dr. Marguerite Ermeling, Louis Copt, Greg Berger, Greg Foley, Jim Baggett, Marie Willis, Jeanette Funk, David Ferrot, and Deborah Ferrot. Anita Alsop, made brief comments and requested denial. Larry Kipp made comments regarding water. Antonio Pasteur also requested denial. Dawn Sharp, spoke in opposition and requested denial.
Jones made a motion to close the public hearing; McElhaney seconded and the motion carried unanimously.
Johnson stated he was uncomfortable with the I-2 District. There should be more than one (1) industrial classification for the County. He suggested that the Board should initiate a text amendment to the zoning regulations to create at least one (1), maybe two (2) more industrial zoning classifications. Johnson also stated he did not believe water was a zoning issue, it's a development issue. Rezoning d s not obligate water. He suggested that he would be more comfortable voting for this if there was a narrower classification.
Jones stated that this clearly sits outside the purview of Horizon 2020 and there was not a compelling need to go against the recommendation of the Planning Commission and Staff. This is not a well conceived plan. He also stated this was a classic case of leap frog development.
McElhaney stated he was in favor particularly since everyone has committed themselves to encourage industrial development.
Johnson stated that the Board should look beyond the UGA to identify sites that could and should be used for industrial use and he would rather see this come back in an application in a zoning category more palatable to the neighborhood than to attempt to modify it from an empirical zoning classification.
McElhaney suggested the Board defer their decision until the Board has had a chance to look at text amendments creating additional types of industrial classifications.
Jones said he did not believe that was the appropriate process, the applicant should start back at square one.
Johnson then made a motion to approve Z-09-30-03: a request to rezone 154.9 acres from A (Agricultural) District to I-2 (Light Industrial) District north of N 1800 Road (Farmer's Turnpike) and west of E 900 Road. Motion was seconded by McElhaney. Commissioners Johnson and McElhaney voted yea; Commissioner Jones voted nay; motion failed since it required a super majority vote by the Board.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
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Charles Jones, Chairman Bob Johnson, Member
ATTEST:
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Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date