Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Notice to <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Clinton Township for Clinton Marina (Patty Jaimes)
REGULAR AGENDA
(2) Consider and approve the Community Corrections and SB123 Grant Budget for FY2005 (Ron Stegall)
(3) Planning items:
(a) CUP-05-02-04: Conditional Use Permit request for Eudora East Interceptor Sewer, Phase I, for construction of a pump station. The property is located at 2202 N 1420 Road. Submitted by Burns & McDonnell for the City of Eudora, applicant, and Mr. & Mrs. Alf T. Oleson, property owners of record. (Sandra Day)
(b) Z-05-18-04: A to A-1; A request to rezone a tract of land approximately 159.32 acres from A (Agricultural) District to A-1 (Suburban Home) District. The property is generally described as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC, and Martin B. and Doris J. Caldwell, property owners of record. (Sandra Day)
Jones called the meeting to order at 6:39 P.M. on Wednesday, July 14, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 07-14-04
Johnson moved approval of the following Consent Agenda:
- Authorize Notice to Clinton Township for Megan Heibert as Clinton Marina, Inc., to sell cereal malt beverages at retail for consumption on the premises.
Jones seconded and the motion carried unanimously.
COMMUNITY CORRECTIONS, GRANTS & BUDGET 07-14-04
Ron Stegall, Director of Community Corrections, conducted a brief presentation outlining the FY2005 Community Corrections and SB123 Supervision Grant Funds Budget Summary and Budget Narrative and FY2005 Carryover Reimbursements Plan. Johnson moved approval of the 2005 Award of Grant Funds and Carryover of Reimbursement; motion was seconded by Jones and carried unanimously.
PLANNING 07-14-04
The Board considered Item No. 2 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 23, 2004. This item is CUP-05-02-04: Conditional Use Permit request for Eudora East Interceptor Sewer, Phase I, for construction of a pump station. The property is located at 2202 N 1420 Road. Submitted by Burns & McDonnell for the City of Eudora, applicant, and Mr. & Mrs. Alf T. Oleson, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval by the Lawrence-Douglas County Metropolitan Planning Commission and the Eudora Planning Commission based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. The subject property is located adjacent to the east city limits of Eudora and is surrounded by residential uses to the west and agricultural uses in all other directions including some rural residential uses.
Character of the area. The subject site is described as a tract of land approximately 22 acres in size. The property is located on the north side of N 1420 Road (W. 7th Street in the City of Eudora). The property is relatively wooded along the western portion. The subject property is located on the fringe of the existing urban area.
Suitability of subject property for the uses to which it has been restricted. The property is agriculturally zoned and undeveloped. Based on the zoning and land uses of adjoining property, the subject property is suited to the uses to which it has been restricted. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. The use is designated as a public utility and therefore requires the approval of a CUP. The subject property is located within the Urban Growth Area for Eudora and ultimately will be annexed and rezoned at that time. The subject property abuts the east city limit. The area within the existing city limits is zoned residentially.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. The development of this use on this site is not anticipated to detrimentally affect nearby property. The proposed wet well and valve vault, to be located below ground, will be located approximately 42 feet north of the right- of-way and the control building and monopole will be located an additional 40' north of those structures. The proposed improvements will allow the City of Eudora to retire two lift stations and reduce the staff demand for maintenance. Access to the site will be provided from N 1420 Road along an existing path used for field access. The building will not be staffed.
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. Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The City of Eudora is requesting this Conditional Use Permit to allow for facility improvements to the municipal sanitary sewer system. This improvement will benefit the community by eliminating the maintenance demands for existing lift stations and ensure adequate sanitary sewer capacity for future development.
Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020 or with the City of Eudora's comprehensive plan. There is no adopted master plan for the City of Eudora.
AND subject to the following condition:
1. Obtain a development permit from Douglas County, if required, for placing a structure within the Flood Plain Management Area.
Jones made a motion to approve CUP-05-02-04 based upon the above Findings of Fact and subject to the above condition. Motion was seconded by Johnson and carried unanimously.
PLANNING 07-14-04
The Board considered Item No. 10A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 23, 2004. This item is Z- 05-18-04: A request to rezone a tract of land approximately 159.32 acres from A (Agricultural) District to A-1 (Suburban Home) District. The property is generally described as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC, and Martin B. and Doris J. Caldwell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation to deny the rezoning 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 that include agricultural activities. Martin Marrietta Quarry is located northwest of the subject property.
Character of the area. Land uses surrounding the subject property consist of agricultural uses combined with rural single-family residences. No residential 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 any identified Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all directions. 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 currently developed with a rural single-family residence and outbuilding. The property has been zoned A (Agricultural) District since the adoption of county zoning.
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 non-contiguous to another platted subdivision. It is recognized that there is a need to address direct access to county roads in a manner that achieves safety to the greatest extent possible. This is representative of a type of "leapfrog" development as the area is beyond the planning horizon of either Lecompton or Lawrence to serve in the next 20+ years. Once zoned and platted, this development would provide the platted subdivision criteria for additional suburban development.
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. Denial of the request will not destroy the value of the petitioner's property since it may be subdivided through an alternative means. The identified community benefit is the improved vehicular access and safety to the County Road network provided through platting of internal streets rather than direct access to a County Arterial Road.
Conformance with The Comprehensive Plan. The rezoning application is located in the area defined as the rural area and beyond the designated UGA for "which city services cannot easily be extended over a given period of time and are unrelated to any capital improvement project or service delivery plans of nearby incorporated cities or designated urban growth areas." The property is not adjacent to another platted subdivision. The only ability to assure cluster development and retain agricultural continuity is through the subdivision process. The proposed request is not consistent with the land use recommendations related to the proximity of the Urban Growth Area and therefore is not consistent with Horizon 2020.
Day noted that no protest petition has been received for this request.
Johnson questioned various statements in the staff report.
Jones stated he believed it would be fiscally irresponsible to build subdivisions all over the county and approving this would be bad public policy. He also stated that he did not like the proximity to the quarry. The dilemma is that if the Board d s not approve the request, the owners can use the 5-acre exemption to do something worse. The 5-acre exemption laws need to be addressed.
McElhaney stated he had been asking that the 5-acre exemption laws be addressed for years. McElhaney noted that the Kanwaka Township officials were in support of the request.
Jones stated that since there was a unanimous vote from the Planning Commission for denial, he would be hard pressed not to follow their recommendation.
Charlie Dominguez spoke as a member of the corporation owning the property, and provided an overview of the property and the corporation's development intent. Dominguez stated their number one issue is safety and he didn't believe that the contiguation and UGA issues should override safety.
Leatha Worthington, nearby property owner, spoke in favor of the proposed project. She cited concerns about what could happen with the 5-acre exemption if the project was not approved.
Keith Browning, Director of Public Works/County Engineer, addressed the road safety aspect of the proposal. He noted it is clear that a series of entrances on Route 452 is not desirable. It was his viewpoint that by platting, there would be an opportunity to ask for dedications for future road improvements.
Johnson stated there should be some alternative to the 5-acre exemption. He also stated he would prefer not to vote on this issue until the report from the Rural Subcommittee has been received.
McElhaney stated that he was not in favor of the proposal personally. However, from a professional standpoint, he was in favor. He noted support from Kanwaka Township and the Kanwaka Fire Department and the fact that neighbors were in support. He also stated he preferred the single entrance versus the possibility of eight (8) entrances.
Dominguez raised concerns about potential costs associated with the delay. Jones stated the Board's delay would not cost the applicant any additional fees. It was the consensus of the Board to defer this item until the Board has met with the Rural Subcommittee on August 16, 2004. No action was taken.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date