Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Items:
(a) Z-02-03-04: 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)
(b) Z-06-24-04: Request to rezone a tract of land approximately 65 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located west of E 1200 Road, east of E 1100 Road, and south of N 1000 Road. Submitted by Landplan Engineering, P.A., for Rodney J. and Mary M. Barnes, property owners of record. (Jeff Tully)
(c) Site Plan SP-07-44-04 - A site plan for River of Fire Church and Daycare, to be located at the former Bishop Seabury Academy site at 1411 E 1850 Road. Submitted by Tom Wilson with the River of Fire Church for Victor Shenouda, property owner of record. (Paul Patterson)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c)Jones called the meeting to order at 6:36 P.M. on Wednesday, September 15, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 09-15-04
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5264 and 5265. Orders are on file in the office of the County Clerk; and
- Authorize Notice to Eudora Township for cereal malt beverage license to Clinton Township for Cecil Monday's Bar & Grill.
Motion was seconded by Johnson and carried unanimously.
PLANNING 09-15-04
The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 07/28/04. This item is 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 873 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. Tully explained that this item was discussed by the Board of County Commissioners on 06/30/04, and returned to the Planning Commission for reconsideration in light of a drainage study provided by the applicant, which showed a potential reduction in existing flood conditions in the Lone Star area. Tully stated the applicant has requested deferral if this item.
Michael Nuffer, applicant, appeared before the Board and requested deferral. Nuffer stated he was not aware that this item was to be discussed at tonight's meeting. Nuffer indicated he needed additional time to prepare.
Ron Wilson, Douglas County resident, said the applicant should not be granted a deferral -- a ruling should be made.
James Carpenter, attorney retained to represent group of Lone Star neighbors, stated he felt that the applicant has had ample opportunity to put his proposal together. Carpenter urged the Commission to deny the deferral.
Karl Birns, Douglas County resident, noted this was the 4th public meeting he had attended regarding this issue. Birns asked the Board not to grant the request for deferral.
Jones stated he was not inclined to defer the request.
McElhaney questioned the deferral process.
Tully responded that the deferral typically comes from the applicant with written documentation.
Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, stated that if a request for deferral is received the Monday before the meeting, it is generally deferred. However, if it is submitted on the night of the meeting, it is up to the Planning Commission. This request would be up to the County Commission. Stogsdill also noted that if the applicant should withdraw the rezoning request, it would be treated the same as a denial and there would be a one (1) year waiting period before the request could be resubmitted unless it was significantly different.
Johnson stated he felt like the Commission should bend over backwards to move procedures to accommodate requests. He said he was irritated about the Planning Commission's denial to defer the original request, but tonight's request was a little different. Johnson questioned whether there was a reasonable expectation this rezoning request would be approved even if it was deferred. He didn't want to lead people along. Johnson admitted he was anxious to hear about the potential flooding issues. However, the study d s not indicate there would be a significant benefit to the community. Johnson also stated he had reservations about the cost of the project. A unanimous recommendation for denial has been received from the Planning Commission and he wasn't sure if the Board would be doing the applicant a favor by denial.
The Chair entertained a motion to defer. No motion was offered.
Craig Weinaug, County Administrator, stated that a protest petition was received but was declared invalid based upon the procedural (timing) aspect. Weinaug also stated this was based on a written opinion prepared by the County Counselor.
Price Banks, attorney representing the applicant, noted that it is not unusual for a planning and development project to take months, even years to refine. This is a unique undertaking. This project has the potential to solve a problem and Banks urged the Board to approve the request.
Scott Mesler, Douglas County resident, stated he was opposed to the rezoning request.
Beverly Wilson, Douglas County resident, also spoke in opposition.
Jones made a motion to deny Z-02-03-04. Motion was seconded by Johnson and carried unanimously.
PLANNING 09-15-04
The Board considered Item No. 7A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 25, 2004. This item is Z-06-24-04 A request to rezone a tract of land approximately 65 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located west of E 1200 Road, east of E 1100 Road, and south of N 1000 Road. Submitted by Landplan Engineering, P.A., for Rodney J. and Mary M. Barnes, 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 recommendation for approval based upon 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/farm residences developed on large tracts of land. A variety of agricultural uses can also be found on property surrounding the subject tract.
Character of the area. Land uses surrounding the subject property consist of a variety of agricultural uses combined with farm and suburban single-family residences. No residential subdivision is contiguous to the subject property. The subject property is within the boundary of the recently expanded Lawrence Urban Growth Area.
Suitability of subject property for the uses to which it has been restricted. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands feature a variety of agricultural uses with farm and suburban single-family residences on large tracts of land. The subject property is not contiguous to any platted subdivision, but is located inside the recently expanded Lawrence Urban Growth Area. Based on the site location, surrounding uses and the comprehensive plan, Horizon 2020, 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. While the subject property is located within the recently expanded Lawrence Urban Growth Area, 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. Once rezoned and platted, this development may encourage adjacent parcelization and 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. While the subject property is located within the recently expanded Lawrence Urban Growth Area, 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 and approval of the rezoning will have little benefit to the public health, safety and welfare.
Conformance with The Comprehensive Plan. The rezoning application is consistent with the policies and guidelines of Horizon 2020.
AND subject to the following conditions:
1. Property owner agrees to annex the subject property into the Lawrence City Limits when it becomes contiguous with Lawrence City Limits; and
2. Approval and filing of a final plat at the Register of Deeds Office.
Tully noted that a protest petition had been filed and it was determined to be a valid protest petition.
Keith Browning, Director of Public Works/County Engineer, stated the comments submitted by the Public Works Department were that the development could put pressure on Wakarusa Township to improve the road.
Ernie Butell, Wakarusa Township Trustee, stated he didn't see any problem with the development. Butell presented a letter from the Barnes indicating they would agree to pay for any surface improvements once the homes are built. Butell also indicated he had no concerns about the safety of the road.
Tim Herndon, LandPlan Engineering, conducted a brief presentation. Herndon stated that it was his understanding that areas outside the UGA are required to be contiguous, but areas inside UGA do not have that requirement. He was under the distinct impression that the UGA boundary would determine whether contiguity was an issue.
Rod Barnes, applicant, made brief comments.
Jeff Randall, nearby property owner, stated he was opposed to the request noting road safety concerns.
Hank Booth, Douglas County resident, spoke on behalf of his sister, Bette Booth, nearby property owner. Booth requested denial of the request.
Gerald Dyer, Douglas County resident, stated the problem is the people, not the road.
LaDonna Lickteig, Douglas County resident, noted that 1900 Road at the intersections of 1000 and 1900 have become a main artery coming out of Johnson County. She has witnessed semi trucks traveling these roads in order to avoid weighing and using it as a shortcut around the city.
John Selk, LandPlan Engineering, stated he had personally gone out to observe the traffic. He looked at speeds and the density of the traffic to see if there were any problems based on the geometry of the road. He stated he didn't believe there were problems from a speed perspective.
Johnson stated that contiguity was not an issue for him inside the UGA. He noted this was what he believed the Commission wanted people to do.
McElhaney stated that this was why he was reluctant to expand the UGA. He also stated he appreciated the agreement from the applicants regarding the road and indicated his support for the request.
Jones stated the Board needs to work on the contiguity issue -- either change it or honor it. He believes the road is problem -- there will be accidents and it's not just a matter of resurfacing. He would like to see some clear plan as to when and how the road improvements are made. He then indicated he would go along with the other Commissioners.
Johnson made a motion to approve the rezoning request (Z-06-24-04) based on the above Findings of Fact and subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
PLANNING 09-15-04
At their meeting on 08/30/04, the Board deferred action on SP-07-44-04: A site plan for River of Fire Church and Daycare, to be located at the former Bishop Seabury Academy site at 1411 E 1850 Road. Submitted by Tom Wilson with the River of Fire Church for Victor Shenouda, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that this request is a revised site plan to include a church in conjunction with a previously approved Child Care Center. The facility is located in the unincorporated portion of Douglas County between Lawrence and Eudora, on 5 acres on the west side of E 1850 Road, approximately 300' north of N 1400 Road.
River of Fire is proposing to oversee the management of the Child Care Center. The River of Fire will also have their church office in the building, with 1 to 2 employees of the church. Church services would be held in the gymnasium. The River of Fire Church services are currently held on Sunday mornings, however, they will, at times, also have some meetings in the evenings. The Sunday morning services currently begin at 9:30 A.M. When they do have evening or special meetings they usually begin at 7:00 P.M. and end at approximately 10:00 P.M.
A Conditional Use Permit for the Child Care Center was approved by the County Commission on November 17, 2003.
Patterson noted concerns received from the property owner south of the site regarding the establishment of a "safety" fence along the south and west property lines.
Jones made a motion to approve SP-07-44-04 subject to the following conditions:
1. Provision of a copy of the approved license from the Douglas County Health Department prior to the operation of the child care facility;
2. Revise the Site Plan, Parking Provided Section, to read: "Parking Requirement -- 40 parking spaces (1 parking space per 5 seats in church auditorium, 196 seats/5 = 40 parking spaces)." "Parking provided -- Existing parking -- 49 stalls with 2 ADA accessible stalls; and
3. The applicant work with the neighbors to resolve fencing issues.
Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 09-15-04
At 8:57 P.M., Jones made a motion that the Board recess to go into executive session until 9:20 P.M. with Paula Phillips, Director of Emergency Management, to discuss matters related to security. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 9:15 P.M. 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