Meeting Information
-Convene
-Pledge of Allegiance
-Recognition of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Douglas County HazMat Team (Paula Phillips)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Item: Z-02-03-04: A request to rezone a tract of land approximately 219 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located at 837 E 675 Road. Submitted by Michael Nuffer for Gene and Brenda Ackerman, property owners of record. (Jeff Tully)
(3) Consider approval of sale of land to Alexander Plotnikov (Craig Weinaug)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) AdjournJones called the meeting to order at 6:38 P.M. on Wednesday, June 30, 2004 with all members present. The Pledge of Allegiance was recited.
EMERGENCY MANAGEMENT 06-30-04
The Board recognized members of the Douglas County Hazmat Team. James McSwain, Chief of the Lawrence-Douglas County & Medical Department, conducted a brief presentation. Training Officer Shaun Coffey presented certifi cates to team members.
CONSENT AGENDA 06-30-04
There were no Consent Agenda items.
PLANNING 06-30-04
Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, requested approval to change the name of Ranch Estates Subdivision to The Estates of Northwood. Jones moved approval of the request; seconded by Johnson and carried unanimously.
MISCELLANEOUS 06-30-04
Johnson made a motion to approve the sale of a triangular parcel of unused right-of-way located adjacent to 601 N 2nd Street in Lawrence, to Alex Plotnikov of Alek's Auto Shop in the amount of $3,228. Motion was seconded by Jones and carried unanimously.
PLANNING 06-30-04
The Board considered Item No. 9A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 28, 2004. This item is Z-02-03-04: A request to rezone a tract of land approximately 219 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located at 837 E 675 Road. Submitted by Michael Nuffer for Gene and Brenda Ackerman, property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for denial based on the following Findings of Fact:
FINDINGS OF FACT:
Zoning and uses of property nearby. All of the property surrounding the subject tract is zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land. Limited agricultural uses exist.
Character of the area. Land uses surrounding the subject property consist of limited agricultural uses combined with rural single-family residences. No residentially zoned subdivision is contiguous to the subject property.
Suitability of subject property for the uses to which it has been restricted. The subject property is located outside of the recently expanded Lawrence Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands primarily feature limited agricultural uses with rural single-family residences on large tracts of land. The subject property is not contiguous to any platted subdivision. Based on the site location, surrounding uses and the comprehensive plan Horizon 2020 (specifically the Growth Management Policy), the subject property is currently suited for the uses to which it has been restricted.
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 A-1 (Suburban Home Residential) District may impact the surrounding agricultural and low- density residential character of the area by introducing a higher density use outside of the Urban Growth Area and not contiguous to any platted subdivision. This type of residential development proposed over 4.5 miles south of Lawrence city limits, is premature and representative of "leapfrog" development. Once zoned and platted, this development may encourage adjacent parcelization and suburban development resulting in a loss of agricultural land.
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 is a potential for this rezoning and subsequent plat to have a negative impact on surrounding A (Agricultural) District land because of an increase in residential density and future impact of converting other A District land for higher density residential uses. Additionally, the subject property is outside of the revised Urban Growth Area and is not contiguous to any platted subdivision. Denial of the request will not destroy the value of the petitioner's property and approval of the rezoning will have little benefit to the public health, safety, and welfare. While the proposed use of the subject property may result in higher property values in the immediate area, the use will also increase demands for township and county services.
Conformance with The Comprehensive Plan. The rezoning application is inconsistent with the policies and guidelines of Horizon 2020.
Tully explained that this item was first calendared for the Planning Commission's March 17, 2004 meeting and the applicant requested deferral to the April 28, 2004 meeting. On April 28, 2004, the applicant again requested deferral to allow development of an engineering study that he hoped would show the flood control possibilities the proposed lake for the benefit of county and area residents. The Planning Commission voted 2 in support of and 7 in opposition to deferral. The Planning Commission then voted unanimously to deny the rezoning request. Jones questioned whether the deferral request was discussed thoroughly. Tully referred to additional documented provided regarding the discussion.
Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated it would require a super majority vote (3-0) to override the Planning Commission's unanimous denial.
Price Banks, attorney representing the applicant, stated he believed the statutory language states that it would require a 2/3rds majority vote (2-1) to override the denial. Finger stated that this was the case.
Banks explained that one reason Mr. Nuffer requested deferral on April 28th was because he employed an engineer to develop an engineering study regarding potential flood control possibilities from the proposed lake. This study was completed on June 30 and presented to the Board. Banks then briefly discussed the findings of the study. Banks stated he believed the rezoning request was in compliance with one exception (contiguously platted) which he finds debatable.
Brian Jahelka, engineer, then conducted a brief discussion regarding the engineering study.
The Board then accepted public comment.
Scott Mesler stated he was not in favor of the rezoning request.
Charlotte Kanocke asked the Board to consider and follow Horizon 2020 as it represents good planning and public policy.
Melinda Henderson made brief comments regarding neighbors notification of their right to file protest petitions.
Jeff Swanson stated he didn't have a problem with the rezoning request.
John Kiefer, father-in-law of the applicant, asked for approval.
Keith Browning, Director of Public Works/County Engineer, stated that the study shows a lot of the same information that George Butler came up with after the floods in 1998. He stated that he believed the study merits further consideration.
Mike Bates spoke in favor of the request.
McElhaney noted he would like to take a look at the information that was just presented. He stated he liked the aspect of the flooding control.
Johnson stated he would prefer not to vote on it at this time. He would like to wait until after the report on the 5-acre exemption is received.
Jones noted that the Planning Commission is a very diverse group and the Board should take it very seriously when there is a unanimous decision from that Commission. He also agreed that the findings in the engineering study had a very compelling side to it.
Johnson expressed concern regarding the lack of recorded debate in the minutes of the Planning Commission.
Jones made a motion to return Z-02-03-04 to the Planning Commission for reconsideration requesting better articulation of their vote; directed the Planning Commission to consider the benefits of the floodplain study; consider Keith Browning's professional recommendation and review, specifically interested in long-term maintenance; and allow public comment. The motion was seconded by Johnson and carried unanimously.
Finger clarified there would be no opportunity to file a protest petition.
APPOINTMENTS 06-30-04
Jones made a motion to appoint Holly Krebs, 115 E 11th, Lawrence, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for a three (3) year term to expire May 31, 2007. Motion was seconded by Johnson and carried unanimously. It should be noted that Krebs replaces Roger Schenewerk who is not eligible for reappointment.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
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Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date