Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />October 4, 2004
PROCLAMATION
Proclaim the month of October as National Disability Employment Awareness Month (Peggy Wallert)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) De novo hearing, as provided for in section 21-801 of the Subdivision Regulations, on Subdivider's appeal of the Planning Commission's denial of a requested variance for cul-de-sac length and denial of approval of the Preliminary Plat of Raeta Subdivision. [re: PP-05-12-04] This proposed subdivision is located at 1636 E 50 Road, on the northeast corner of E50 and N1600 Roads. (Linda Finger)
(3) Consider updated Federal-Aid Agreement with the Kansas Department of Transportation (Keith Browning)
(4) Consider approval of Integrated Emergency Management Course (Paula Phillips)
(5) Consider request from Board of Zoning Appeals for a Commissioner to attend October 20, 2004 meeting to provide input (Keith Dabney)
Jones called the meeting to order at 8:37 A.M. on Monday, October 11, 2004 with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of the minutes of October 4, 2004. Jones seconded and the motion carried unanimously.
PROCLAMATION 10-11-04
Peggy Wallert, Cottonwood, Inc., read a Proclamation proclaiming the month of October as "National Disability Employment Awareness Month." Johnson moved approval of the Proclamation as read; motion was seconded by Jones and carried unanimously.
CONSENT AGENDA 10-11-04
Johnson made a motion to approve the following Consent Agenda:
- Approve Commissioners Order No. 5267. Order is on file in the office of the County Clerk.
Motion was seconded by Jones and carried unanimously.
PLANNING 10-11-04
The Board conducted a de novo hearing as provided for in Section 21-801 of the Subdivision Regulations, on the Subdivider's appeal of the Planning Commission's denial of a requested variance for cul-de-sac length and denial of approval of the Preliminary Plat of Raeta Subdivision. The proposed subdivision is located at 1636 E 50 Road on the northeast corner of E 50 and N 1600 Roads. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion.
Day explained that the preliminary plat for Raeta Subdivision was considered and denied twice by the Planning Commission, once in June when it accompanied the rezoning request from A to A-1 and as a miscellaneous item in September, when it was placed back on the agenda for reconsideration based on the County Commission's approval of the rezoning request.
The preliminary plat required a public hearing for a variance from the maximum cul-de-sac length of 1320'. The variance was denied in a separate action from the plat's denial. Article 8 is the Appeals Article in the Subdivision Regulations. Within that Article, there is a process outlined in Section 21-801 that allows for a property owner to appeal directly to the governing body a decision on the "enforcement or interpretation of" the Subdivision Regulations. This appeal process is a de novo hearing. No additional information as to how the de novohearing is to be held is contained in this code section. For reference, Section 21- 801 is reproduced in the box below:
21-801. The subdivider of a proposed subdivision may appeal to
the governing body decisions made in the enforcement or
interpretation of these regulations by the Planning Department,
Planning Commission or the appropriate engineer. Any such
appeal hall provide a hearing de novo. In the event the governing
body sustains such decisions, the prior enforcement or
interpretation shall be final, except as otherwise provided by law.
If the governing body overrules the Planning Commission, the
governing body shall state its decision, and the reasons therefore,
in writing, and submit the decision and plat to the Planning
Commission, seeking concurrence. In case of nonoccurrence, the
decision of the appropriate governing body shall be final. (Ord.
5257)
As proposed the subdivision will have only one access to the abutting county road network (along E 50 Road). The subdivision regulations do not clearly provide a method to measure the length of a cul-de-sac. Rose Court is a street segment that ends in a cul-de-sac. The length of the cul-de-sac from the intersection of Raeta Avenue is approximately 650' in length (measured from the centerline of the nearest intersection). Raeta Avenue is a looped street with a north leg of the loop approximately 1,320' in length. The combined length of the two street segments would exceed the maximum distance stated in the subdivision regulations.
Day recommended approval of the variance to exceed the maximum length of a cul-de-sac as proposed by the preliminary plat of Raeta Subdivision. Day also recommended approval of the Preliminary Plat of Raeta Subdivision subject to the following conditions:
1. Provision of a revised Preliminary Plat to include the following
changes:
a. Include county road name "N 1600" along with county road
designation;
b. A note on the preliminary plat, "With the final plat submittal, the
applicant will present a draft copy of the proposed Homeowner's
Association Document providing for ongoing maintenance of the
open space and existing buildings shown as Tracts "A, B and C" for
proposed Raeta Subdivision.
c. Provision of a revised preliminary plat to include 911 county road
names for interior named streets per staff approval.
d. Provision of a revised preliminary plat that includes a note that
indicates how improvements will be financed per section 21-
301.4(b).
2. Provision of written proof of water availability with the submission of a
final plat.
Charlie Dominguez, general manager of Core Investments, owner of property, conducted a brief presentation regarding the variance issues.
Bev Worster, 1034 E 450 Road, stated she was shocked that this request had passed. Worster also stated that she believed this entire project is a drastic violation of Horizon 2020. Worster requested that the Board put a hold on their decision and take action to eliminate the 5-acre exemption "threat."
Melinda Henderson, 1832 New Hampshire, noted the same concerns as Worster.
John Haase, Chair of the Planning Commission and Chair of the Rural Planning Subcommittee for the past two (2) years, stated the Rural Planning Subcommittee is very near completing their work. Haase stated this is the worst development plan he has seen come before the Planning Commission. The Planning Commission took note of the fact that this property is located in the worst area in terms of roads, there is a gun club located north of property, and the topology is amazingly challenging. This would create a burden on taxpayers because it is so far from the urban center. Haase then noted that if a variance for
the cul-de-sac is granted, it would be flying in the face of action taken place a few weeks ago. This could present a legal challenge if decisions are not consistent.
Jones stated he would not vote in support of the cul-de-sac variance. He stated that he did not feel that the applicant made a good faith effort to comply with current regulations.
McElhaney stated he felt that this was a very unique situation. The Public Works Department, Kanwaka Township and emergency services have all indicated support from the safety aspect of it. McElhaney then made a motion to accept the variance as documented. Motion was seconded by Johnson and carried with Jones opposed.
Jones then stated he would vote against the preliminary plat. The Planning Commission unanimously recommended denial twice. Jones stated that granting the variance and approving the preliminary plat will have two adverse consequences: it breaks faith with those who willingly comply with regulations; and sends the message that inconvenience -- as opposed to real hardship -- is a legitimate cause for appeal to the Board of County Commissioners.
Johnson stated he believed it sent the message that if a variance was requested outside the parameter of Horizon 2020, it should be for very good reasons. The variance appeal process in section 21-801 exists for the expressed purpose of addressing a particularly unique set of circumstances. This is one of those circumstances, and the message we are sending is the bar for a variance will be very high. Johnson then made a motion to approve the preliminary plat subject to the above conditions recommended by Planning Staff, and forward this to the Planning Commission for concurrence for the following reasons:
1. The property is unique in its size and relationship to the abutting
county road and curve around the south and west sides;
2. Zoning and cluster development should be tied;
3. The cul-de-sac as designed d s not extend to the abutting property
thus encouraging additional subdivision of property to the north or
east; and
4. The use of an internal road network for access and the removal of
direct access to the abutting county roads is a significant safety aspect
of the proposed development.
Motion was seconded by McElhaney and carried with Jones opposed.
Jones noted that the Martin Marietta Quarry requested that the final plat indicate the operation and fully developed proximity of a quarry. Day indicated that it would be noted on the Final Plat.
PUBLIC WORKS 10-11-04
The Board considered approval of an updated Federal-Aid Agreement with the Kansas Department of Transportation. Keith Browning, Director of Public Works/County Engineer, explained that KDOT has developed an updated Federal-Aid Agreement for execution by each county in the state. The purpose of this agreement is to set ground rules for projects that utilize federal funds. The updated agreement replaces two outdated agreements under which counties currently operate, the Secondary Road Agreement and the Off-System Roads Agreement. These current agreements between Douglas County and KDOT are
dated June 6, 1951 and July 24, 1975, respectively.
The Federal-Aid Agreement:
1. Allows KDOT to act as the county's agent to administer federal-aid
projects;
2. Stipulates a process a project must meet in order to be eligible for
federal funds;
3. Defines responsibilities for KDOT and the county for federal aid
projects; and
4. Is required in order to receive federal funds for 5-Year Plan projects.
Jones made a motion to approve the updated Federal-Aid Agreement with the Kansas Department of Transportation. McElhaney seconded and the motion carried unanimously.
EMERGENCY MANAGEMENT 10-11-04
The Board discussed the Integrated Emergency Management Course (IEMC). Paula Phillips, Director of Emergency Management, explained that FEMA sent a letter to the Douglas County Commission confirming the acceptance of Douglas County/Lawrence as one of the ten communities selected to participate during FFY 2005. Douglas County and Lawrence officials will go to Emmitsburg, MD December 6-10, 2004 for the course. Phillips requested that the Board support and encourage the participation of county personnel in attending the IEMC and determine which Commissioner will attend the IEMC. Jones stated he would be willing to attend. After discussion, Jones made a motion that the Board approve the Letter of Agreement for the Integrated Emergency Management Course
Participation. Motion was seconded by Johnson and carried unanimously.
ZONING 10-11-04
The Board discussed a request received from the Board of Zoning Appeals (BOZA) for the presence of a County Commissioner to attend a BOZA meeting on October 20, 2004. Keith Dabney, Director of Zoning & Codes, explained that an application from Patricia M. Brady, property owner, will be heard, requesting a variance of Article 23, Section 23-3, to allow the construction of a second dwelling with kitchen facilities on a single lot without subdividing the property. Jones stated the Board had heard similar requests in the past and had consistently denied the requests. It was the consensus of the Board that Craig Weinaug, County Administrator, draft a letter to the Board of Zoning Appeals indicating that in light of the Board's consistent rulings against these types of variances, there would not be a member of the County Commission in attendance at the October 20 meeting. No action was taken.
SHERIFF & EMERGENCY COMMUNICATIONS 10-11-04
The Board attended a mobile data demonstration with various members of the Sheriff's Department, Lawrence-Douglas County Fire & Medical Department, Police Chief Ron Olin, and Emergency Communications. No action was taken.
OUT-DISTRICT COLLEGE TUITION STATEMENTS 10-11-04
Jones moved approval of the twelve (12) Out-District College Tuition Statements in the amount of $35,214; motion was seconded by Johnson and carried with McElhaney opposed.
ACCOUNTS PAYABLE 10-11-04
Jones moved approval of accounts payable in the amount of $312,692.37 to be paid 10/11/04; motion was seconded by Johnson and carried unanimously.
APPOINTMENTS 10-11-04
Jones made a motion to appoint Kim Reynolds, to the East Central Kansas Community Action Agency. Motion was seconded by Johnson and carried unanimously.
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