Meeting Information
Agenda
Jones called the meeting to order at 8:35 A.M. on Monday, July 18, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.
Jones moved approval of the minutes of April 18, May 23, as amended, June 8, June 29, July 5, and July 6, 2005. Motion was seconded by Johnson and carried.
CONSENT AGENDA 07-18-05
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5326. Order is on file in the Office of the County Clerk;
- Approve Home Rule Resolution No. HR-05-7-6 Amending Home Rule Resolution No. HR-01-2-1, as Codified at Article 1 of Chapter II of the Code of Douglas County, Kansas, regarding regulations of traveling circuses; and
- Authorize the donation of the 1993 Ford Explorer currently assigned to a Division Chief of the Lawrence-Douglas County Fire & Medical Department, to the Lawrence Humane Society.
Johnson seconded and the motion carried.
PLANNING 07-18-05
The Board considered Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 22, 2005. This item is MM-05-01-05 -- request to designate N 300 Road from E 2100 Road to 2172 N 300 Road as a minimum maintenance road. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Keith Browning, Director of Public Works/County Engineer, were present for the discussion.
Browning explained that the Palmyra Township Board, on behalf of Don Parr, requested permission from Douglas County to place a gate across N 300 Road, immediately east of E 2100 Road. After granting permission to erect the gate, the Board of County Commissioners initiated the process for declaring the road as "minimum maintenance" for the portion of N 300 Road beyond the gate.
The Palmyra Township Board held a public hearing accept comment regarding their recommendation to Douglas County on the matter per the typical process. The Township Board chose to recommend to the Board of County Commissioners the declaration of "minimum maintenance" not be pursued. The property owner originally requesting the gate (Don Parr) abandoned plans for its erection and has since sold some parcels for residential construction.
Mr. Parr has subsequently hired an engineering consultant to prepare road construction plans for the improvement of the road and some of the overgrown vegetation has been removed from the right-of-way. Construction plans have been completed and reviewed by County staff.
Ahrens noted the Planning Commission unanimously voted to deny the request to establish a "minimum maintenance" road designation for the indicated section of N 300 Road and forward it to the Board of County Commissioners with a recommendation for denial.
Johnson questioned whether the Board of County Commissioners has the authority to ignore the Planning Commission's recommendation and proceed with the "minimum maintenance" designation.
Browning responded that he believed the Board could proceed with the designation.
Johnson asked for clarification regarding the engineering plans. Browning responded that the plans were for N 300 Road and there were no improvements proposed on E 2100 Road.
Jones stated that while he was not happy about it, he would support the Planning Commission's recommendation to not pursue the "minimum maintenance" declaration because of concerns with the message that sends when the County Commission g s against their recommendations.
Johnson stated that he also would support the Planning Commission's recommendation.
Jones made a motion to not proceed with the process to declare minimum maintenance status on a segment of N 300 Road from E 2100 Road to 2172 E Road. Motion was seconded by Johnson and carried.
PLANNING 07-18-05
The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 20, 2005. This item is Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located in the 1800 block of N 250 Road. Submitted by Patty Wiseman, Baldwin Realty, for Arden E. Johnson, Trustee, and Donald B. Johnson, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval, based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is zoned for agricultural uses and is used for pasture land. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found on both sides of N 250 Road between the eastern Baldwin City limit and the termination of N 250 Road to the east.
Character of the area. The character of the area is a mix of agricultural and rural residential uses. Residential lots are clustered along the existing county roads.
Suitability of subject property for the uses to which it has been restricted. The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with a residence because of prior land division. The property is suitably zoned for continued agricultural activity.
Length of time subject property has remained vacant as zoned. The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Staff received no communication from the public during the review and preparation of this request. Residential uses can be found both to the east and west of the subject property as well as to the south. The request is consistent with the surrounding development pattern.
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 no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes. The hardship to the applicant is the loss of ability for residential development at this time. Staff d s not anticipate any hardship associated with either approval or denial of this request on adjoining properties.
Conformance with The Comprehensive Plan. The proposed request is not consistent with land use recommendations found in Horizon 2020 or Baldwin City Comprehensive Plan.
AND subject to the following condition:
- Filing of an approved Final Plat showing one single-family home with the Register of Deeds Office.
Day explained that the location of the subject property is east of the Baldwin City limits and is currently undeveloped land that was zoned agriculturally. She said the surrounding area is primarily agricultural and rural residential in use with existing residences on the north and south sides of N 250 Road.
Day noted that the Baldwin City Planning Commission acted on this issue at their June 16, 2005 meeting and voted to support the rezoning request. She stated that the Baldwin City Planning Commission considers anything within 3 miles of their city limits as within their planning authority although it is unclear how specific their Comprehensive Plan is on that point. Day also stated that Lawrence Planning Staff recommended denial of the request, based on the opinion that the request did not follow the planning principles of Horizon 2020.
It was noted that the applicant would have to plat a public road in order to subdivide the subject property, and that the property would be able to develop with a maximum of 8-9 single-family homes under the requested A-1 zoning if a public road was provided.
Jones stated he didn't like this mechanism because it opens up more intensive development.
Johnson noted that is likely to happen, but since it has to be platted, access to road and rural water will be required, which somewhat protects it from more intensive development.
Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated that it d s provide some ability to regulate how that growth occurs and the city really wants to have control over its zoning. Finger suggested that the County Counselor be consulted regarding density restrictions.
Jones questioned whether the moratorium on the 5 acre exemption changes the dynamics.
Finger said it did not.
Johnson asked if he were to purchase this 40 acres, could he then sell 10 acres with 250' frontage and sell it to someone that could build.
Finger stated there was nothing in the moratorium that would restrict that kind of sale.
Johnson noted his dilemma of the Baldwin and Lawrence Planning Commissions' unanimous vote of approval, but the recommendation of denial from staff because of wording in Horizon 2020.
Jones said he believed this meets the intent of Horizon 2020, which is to make sure the cities have some say in the development of property. He was not stuck on the issue that everybody voted for it and understood why staff made their recommendation. His concern was that everyone has agreed there should be 1 house, but with the rezoning, more could be built.
Johnson asked who would approve the plat.
Finger stated that the Planning Commission would approve the plat and the County Commission would accept the easements.
Jones stated his preference would be to direct staff to consult with the County Counselor to determine whether it was possible to include language to the conditions indicating that only 1 single family home would be approved until annexed by the City of Baldwin. No action was taken.
PLANNING 07-18-05
Linda Finger, Director of the Lawrence-Douglas County Metropolitan Department, briefed the Board on planning initiatives. No action was taken.
McElhaney joined the meeting at 9:40 A.M.
BUDGET 07-18-05
The Board conducted budget hearings. No action was taken.
ACCOUNTS PAYABLE 07-18-05
Johnson moved approval of accounts payable in the amount of $278,763.14 to be paid 07/18/05. Motion was seconded by Jones and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date