Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of August 16, August 21 and August 23, 2006
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Item:
Z-05-10-06 A request to rezone a tract of land approximately 6.18 acres from A-1 (Suburban Home Residential) District to B-3 (Limited Commercial) District. The property is generally described as being located at E 900 Road, north of Lot 1 Clinton Cove #2. Submitted by Robert D. Voth, applicant, for Windover Community of Lawrence, LLC, property owner of record. (Item No. 14; recommended for denial 5-2-1 on 07/26/06) (Sandra Day, planner)
(3) Review Current Version of Proposed Access Management Regulations
(Keith Browning)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Executive Session to discuss land acquisition.
(6) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, September 6, 2006
with all members present.
Jones moved approval of the minutes of August 16, August 21 and August 23, 2006. The motion was seconded by McElhaney and carried unanimously.
PLANNING 09-06-06
The Board considered item Z-05-10-06, a request to rezone a tract of land approximately 6.18 acres from A-1 (Suburban Home Residential) District to B-3 (Limited Commercial) District. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, Stan Hernly, Hernly Associates, and Price Banks, representative for the applicant, were present for discussion. The property is generally described as being located at E 900 Road, north of Lot 1 Clinton Cove #2. The request was submitted by Robert D. Voth, applicant, for Windover Community of Lawrence, LLC, property owner of record. The Planning Commission recommended denial of item Z-05-10-06 at the July 27, 2006 Planning Commission meeting.
Staff recommends approval based on the findings of fact:
Zoning and Land Uses of Surrounding Properties. The subject property abuts County commercial zoning along the south side and suburban home residential to the north and west.
Character of the area. The area is characterized by agricultural uses and lake related activities. The subject property abuts an existing county commercial area that provides lake oriented services. The remaining area surrounding the subject property is dominated by agricultural crop activities.
Suitability of subject property for the uses to which it has been restricted. The subject property as part of a larger development request for residential development was found to be premature in the requirement to extend municipal services and the need to develop a more detailed land use plan for the area. It is located within the Urban Growth Area and adjacent to a platted commercial development.
Length of time subject property has remained vacant as zoned. The property is vacant and has been zoned A-1 (Suburban Home Residential) District since the adoption of the 1966 Douglas County Zoning Regulations.
Extent to which removal of restrictions will detrimentally affect nearby property. The subject property is contiguous with a platted/B-3 zoned subdivision. The short term impact is minimal. The development concept is somewhat premature because the west of K-10 area is in the later service areas of the Urban Growth Area.
Relative again 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. Retention of the A-1 (Suburban Residential) District would allow for rural residential development subject to plat approval. Approval of the request would expand the existing commercial node at this location providing greater opportunity for other commercial uses based on the ability to provide services to the property.
Conformance with the Comprehensive Plan. Horizon 2020 supports the proposed request and is consistent with the general land use recommendations of Horizon 2020.
And subject to the following condition:
1. Recording of a Final Plat of the subject area.
Day stated that the subject property is in the urban growth area and designated in the Comprehensive Plan. A site plan will be required for this property at a later date and will offer the opportunity to add buffering to the north and west side to transition into residential areas as the property develops. Hernly stated the applicant plans to develop the property according to today's access to water and electrical utilities. Full development of the property is not expected for 15 years. If the rezoning is approved, the property will transition as commercial use giving the County commercial tax benefits. Banks addressed the applicant's planned usage for the development as boat storage, classifying it as "recreational use," which exempts it from the Horizon 2020 retail space criteria.
McElhaney made a motion to approve Z-05-10-06, a request to rezone a tract of land approximately 6.18 acres from A-1 (Suburban Home Residential) District to B-3 (Limited Commercial) District and generally described as being located at E 900 Road and subject to the above-referenced condition as recommended by staff. Johnson seconded and the motion carried 2-1, with Jones voting in opposition, thus overturning the recommendation for denial by the Planning Commission on July 27, 2006.
PUBLIC WORKS 09-06-06
Keith Browning, Director of Public Works, presented to the Board a home rule resolution adopting access management standards and classifications for public roads, and setting minimum frontage and entrance spacing requirements for access onto public roads in the unincorporated areas of Douglas County.
Jones requested that examples be added to the resolution to help interpret the information. It is understood the Planning Commission is interested in a 330-foot frontage requirement as opposed to the current 250-foot requirement. The Board agreed to table the home rule resolution until after the Subdivision Regulations for Lawrence and the Unincorporated Area of Douglas County have been approved to avoid a re-adoption of the resolution at a later date.
PUBLIC WORKS 09-06-06
Keith Browning, Director of Public Works, requested change orders for Route 438 (Kasold) Bridge over Kansas Turnpike Project No. 23 U-1956-01 due to an extension required in the drilled shafts for the bridge piers. The City's share of federal obligation authority to the project has a capped amount, which means Douglas County and KTA must cover any cost overruns. The shaft extensions will result in a project overrun of $34,176, of which Douglas County is responsible for $14,354.
Jones made a motion to approve the after-the-fact approval of the drilled shaft extensions, and authorized Keith Browning, Public Works Director, to approve future change orders up to a maximum cost to Douglas County of 42% of 5% of the construction contract price or $67,418. The motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE 09-06-06
Jones moved to approve accounts payable in the amount of $115,351.54 and manual checks in the amount of $132,010.00 to be paid 09/05/06. The motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 09-06-06
At 8:06 p.m., Jones made a motion that the Board go into Executive Session until 8:35 p.m. with Pam Madl, Assistant County Administrator, to discuss a potential land acquisition. Motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 8:35 p.m. No action was taken.
Johnson moved to adjourn the meeting. McElhaney seconded and the motion carried unanimously.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date