Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Resolution authorizing the substitution of certain escrowed securities held pursuant to an escrow trust agreement between <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Douglas County, Kansas and Security Bank of Kansas City, Kansas City, Kansas, dated as of February 1, 2004, relating to the County's General Obligation Sales Tax Bonds, Series 1999-A.
REGULAR AGENDA
(2) Planning Item: Z-07-29-04: A request to rezone a tract of land approximately 7.04 acres from A (Agricultural) District to B-2 (General Business) District. The property is generally described as being located north of U.S. Highway 56 and east of U.S. Highway 59. Submitted by Landplan Engineering, P.A., for Frontier Farm Credit, ACA, contract purchaser and Jerold W. and Janet K. Seele, property owners of record. (Jeff Tully)
(3) Work session on possible encroachment of Route 1 E onto neighboring property at Lone Star Lake (Keith Browning)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
Jones called the meeting to order at 6:36 P.M. on Wednesday, October 13, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 10-13-04
Jones moved approval of the following Consent Agenda:
- Approve Resolution No. 04-29 authorizing the substitution of certain escrowed securities held pursuant to an escrow trust agreement between Douglas County, Kansas and Security Bank of Kansas City, Kansas City, Kansas, dated as of February 1, 2004, relating to the County's General Obligation Sales Tax Bonds, Series 1999-A.
Johnson seconded and the motion carried unanimously.
PLANNING 10-13-04
The Board considered Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 22, 2004. This item is Z-07-29-04: A request to rezone a tract of land approximately 7.04 acres from A (Agricultural) District to B-2 (General Business) District. The property is generally described as being located north of U.S. Highway 56 and east of U.S. Highway 59. Submitted by Landplan Engineering, P.A., for Frontier Farm Credit, ACA, contract purchaser, and Jerold W. and Janet K. Seele, 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 immediately adjacent to the subject parcel is zoned A (Agricultural) District with one suburban home residence on an adjacent tract to the west of the subject property. The subject property is separated from the existing B-2 (General Business) District by almost 400 feet.
Character of the area. Land uses surrounding the subject property consist of agricultural uses, residences, and a variety of commercial uses.
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. It is also beyond the Baldwin City Growth Area and approximately 3.5 miles from Baldwin City Limits. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. It is separated from a B-2 (General Commercial) zoned commercial node at the intersection to the west (Baldwin Junction).
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. Based on the proposed realignment and construction of the U.S. 56/59 interchange and the loss of commercially zoned land, it would appear appropriate to rezone the subject property from A (Agricultural) District to B-2 (General Commercial) District zoning.
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. As stated, it appears logical to extend commercial uses beyond the existing commercial corridor at the intersection of U.S. 59/56. While the proposed construction of a highway interchange at this intersection will provide a relative gain to the public health, safety and welfare, it is difficult to argue that a public benefit would result from the proposed rezoning. Unless carefully designed and controlled, this rezoning and future commercial uses may impact surrounding A (Agricultural) District zoned land.
Conformance with The Comprehensive Plan. Once realigned and a highway interchange constructed, the subject property will adjoin the intersection. Therefore, this rezoning request is consistent with the goals and policies of Horizon 2020 for both existing and proposed commercial nodes in the unincorporated areas of Douglas County.
AND subject to the following conditions:
1. Property owner agrees to annex the subject property into the Baldwin City Limits when it becomes contiguous with Baldwin City Limits; and
2. Approval and filing of a final plat at the Register of Deeds Office.
Jones made a motion to approve Z-07-29-04 based upon the Findings of Fact and subject to the above conditions. Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS 10-13-04
The Board conducted a work session regarding possible encroachment of Route 1 E onto neighboring property at Lone Star Lake. Keith Browning, Director of Public Works/County Engineer; Michael Kelly, County Surveyor; and Phil Metsker were present for the discussion. On October 4, 2004, the Board tabled a request from Philip Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake. At that meeting, Metsker indicated he believed there was an easement on his property that he would be willing to trade for an entrance permit.
Kelly conducted a brief presentation stating that a resurvey would take a significant period of time. Kelly noted that he felt like he had enough evidence to support the fact there was no encroachment.
Jones stated he did not believe it was good policy to allow entrances off this road as it would create maintenance issues.
Johnson stated that if this request were approved, it would be difficult to deny other requests in the future.
Metsker questioned whether there was a law that prohibits entrances off that road. Browning responded there was no such law.
Metsker then asked why a permit was granted in 1998. Jones responded that the views of road development and costs associated have changed since that permit was granted.
Johnson noted that denial of the request would not create a hardship. The property could continue to be used for agricultural purposes and he was not inclined to allow access for building a home.
McElhaney noted there have been discussions regarding the expanded use of Lone Star Lake. He stated that he would entertain the possibility of some kind of permit charge that would help fund and maintain the purpose of that road.
Jones noted there was a distinction between recreational and residential use. The road is not currently maintained for residential use.
Browning stated the road is maintained, but is not a high priority.
McElhaney made a motion to grant the easement and the Commission take a look at the road and consider encouraging some sort of permit fee, if appropriate, to be used for maintenance of the road.
Johnson stated he was not willing to second the motion, but would be willing to have a study session to discuss the maintenance of the road.
Jones agreed with Johnson and the motion died for lack of a second.
ACCOUNTS PAYABLE 10-13-04
Johnson moved approval of accounts payable in the amount of $231,423.15 to be paid 10/18/04 and accounts payable manual checks in the amount of $1,368.24. Motion was seconded by Jones and carried unanimously.
APPOINTMENTS 10-13-04
Jones made a motion to appoint Jennifer Magyar, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors for a three-year term which will expire on 09/30/07. 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