Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes for December 6, 2006 and adopt Findings of Fact and Conclusions of Law
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of an amendment to Horizon 2020, Chapter 5 - Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept development by the CPC (Comprehensive Planning Committee). (Michelle Leininger, Planner)
(c) Consider approval of Overpass Agreement with BNSF Railway in conjunction with Kansas River Bridge Rehabilitation project. (Keith Browning)
REGULAR AGENDA
Planning Items:
(2) (a) Z-11-29-06: A request to rezone a tract of land approximately 39.67 acres, from A (Agricultural) to A-1 (Suburban Home Residential District). The property is located at 671 N 1550 Road. Submitted by Bruce and Cynthia Byers, property owners of record. (Lisa Pool, Planner)
(b) CUP-08-07-06: Conditional Use Permit for Fred's Boat Storage. The plan proposes construction of a 60' x 120' building to expand existing boat storage. The property is located at 568 N 1800 Road. Submitted by George F. Roll, property owner of record. (Mary Miller, Planner)
(c) CUP-10-08-06: Conditional Use Permit for a light aircraft landing strip at 2142 N 300 Road. Submitted by Ray Vallejo, for Justin Johnson, property owner of record. (Mary Miller, Planner)
(d) TA-08-08-06: Revisions to Article 19 of the Douglas County Zoning Regulations to add self-storage to the list of permitted Conditional Uses and to
create standards for the development of this use in limited areas within the Urban Growth Area. (Initiated by the Planning Commission at their August meeting.)
(Mary Miller, Planner)
(3) Receive and Consider Petition for N600 Road benefit district (Keith Browning)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, January 17, 2007 with all members present. The Pledge of Allegiance was recited.
Jones moved to approve the minutes December 6, 2006. The motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 01-17-07
Jones moved approval of the following Consent Agenda:
► Approve Commissioners Order No. 07-104, 07-105 and 07-106 (on file in the Office of the County Clerk);
► Approve amendment to Horizon 2020, Chapter 5 - Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept development by the CPC and directed Planning Staff to prepare a joint ordinance/resolution for adoption; and
► Approve Overpass Agreement with BNSF Railway in conjunction with Kansas River Bridge Rehabilitation project.
The motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS & PETITION FOR BENEFIT DISTRICT 01-17-07
Keith Browning, Director of Public Works, presented a petition for a Road Benefit District calling for the improvement of N 600 Road. Improvements include reconstruction of the road to County standards with an aggregate base, chip sealed roadway surface and drainage structure replacements. The road currently serves as access to the Breezy Summit Acres and Coal Creek Estates subdivisions. A preliminary estimate of constructions costs is $235,000.00. The petition requests the initial costs of construction be assessed per percentages set forth in annual payments over a period of twenty (20) years.
Jones moved to receive the petition and directed staff to schedule a public hearing and prepare a draft resolution creating the benefit district. Motion was seconded by McElhaney and carried unanimously.
PLANNING 01-17-07
The Board considered Z-11-29-06 a request to rezone a tract of land approximately 39.67 acres from A (agricultural) to A-1 (Suburban Home Residential District) for the division of property into three single-family residential lots. The property is located at 671 N 1550 Road within the Urban Growth Area (UGA). The application is submitted by Bruce and Cynthia Byers, property owners of record. Sheila Stogsdill, Acting Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The property owners were informed by the Lawrence-Douglas County Planning Office that they could file a plat of survey showing three tracts of land on the 39.67 acre property based on the 10-acre exemption moratorium with the Douglas County Register of Deeds office. However, the owners were misinformed as the moratorium is for property outside of the UGA only. Property within the UGA must be rezoned to the A-1 District and platted prior to being divided for residential purposes. The applicant intends to sell two lots for residential purposes, resulting in three residential lots. Staff recommends approval of rezoning 39.67 acres from the A District to the A-1 District and forwards it to the Board of County Commissioners with a recommendation for approval based on the following findings of fact:
Zoning and land uses of surrounding properties. The properties directly surrounding the subject property are zoning A (Agricultural) District. Rural residences are located directly north, south and east. To the south is Winterbourne Subdivision, a platted, A (Agricultural) zoned subdivision. The property is abutted to the west by woodlands. To the northwest of the subject property is a platted, A-1 (Suburban Home Residential) zoned subdivision, Fantini Acres.
Character of the area. The area is characterized by a mix of agricultural uses, rural residences, and woodlands. While the area has a distinct rural character, the subject property is adjacent to several large-lot rural residences. The subject property is located at the western edge of the Urban Growth Area and is located within the Upper Wakarusa River Watershed.
Suitability of subject property for the uses to which it has been restricted. The subject area is suitable for agricultural production due to its proximity to agricultural land uses and large-lot single-family residences; however, it is also suitable for low-density residential development due to its location within the Urban Growth Area and proximity to a platted subdivision, Winterbourne Subdivision. Rural Water District #1 has confirmed the availability of two new water meters for the two proposed residential lots, and a Water Supply Agreement will be required to be filed with the Register of Deeds office during the platting process. A septic system site evaluation will also need to be completed as a condition of the final plat.
The adjacent roadway, N 1500 Road, is classified as a rural collector, according to the Douglas County Major Thoroughfares Map. The road is not a hard-surfaced road; however, a paved road, N 1600 Road, is located approximately 1/2 mile from N 1550 Road. Location and number of access points onto N 1550 Road will be evaluated with the forthcoming preliminary and final plats.
The property is not encumbered by FEMA-designated floodplain, but is d s include significant tree coverage and is located within the Upper Wakarusa River Watershed. Methods by which to minimize the impact of residential development on the woodlands will be examined through the platting process.
Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. A portion of the 39.67-acre property is improved with a single-family residence and accessory structure. The residence was constructed in 1944.
Extent to which removal of restrictions will detrimentally affect nearby property. As the subject property is contiguous with a platted subdivision and large-lot residences, a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District to permit the development of two single-family residences would not detrimentally affect nearby properties. The retention of woodlands and the number of access points onto N 1550 Road will be evaluated with the platting process.
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. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties inside the UGA must be rezoned to the A-1 (Suburban Residential) District and platted for the division of land for residential purposes. The current 10-acre platting/rezoning exemption applies only to property outside the UGA.
A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety and welfare. However, as the subject area abuts a platted residential subdivision, Winterbourne Subdivision, and other large-lot residences, the rezoning of the property to the A-1 District for the development of two single-family residences should not detrimentally affect nearby properties. Granting the rezoning request would allow the property owner to divide the 40-acre property into three lots for residential purposes. One proposed lot includes an existing single-family residence.
Conformance with the comprehensive plan. The rezoning request conforms to several Horizon 2020 goals and policies for residential development within the Urban Group Area. Specifically, the proposed lots are a minimum of three acres (14.4, 10, and 15.2 acres). The property is also adjacent to a platted subdivision and is located outside the FEMA-designated 100-year floodplain. Final approval of the rezoning request is contingent upon recordation of a final plat. As the undeveloped portions of the property are heavily wooded and the property is located within the Upper Wakarusa River Watershed, methods by which to minimize the impact of development will be examined with the platting process.
Staff's positive recommendation is subject to the following condition:
1. Recording of a final plat prior to publication of the rezoning resolution.
Jones moved to approve Z-11-29-06 with the condition of the recording of a final plat prior to publication of the rezoning resolution and noting that this item was in the process for approval prior to the adoption of the new subdivision regulations and therefore it is appropriate to rezone the tract of land located at 671 N 1550 Road with approximately 39.67 acres from A (agricultural) to A-1 (Suburban Home Residential District). The Board would like the applicant to work with Planning Staff and the Director of Public Works to limit access onto major roads to the maximum extent possible. Johnson seconded the motion and it carried unanimously.
PLANNING 01-17-07
The Board considered CUP-08-07-06 for Fred's Boat Storage. The plan proposes construction of a 60' X 120' building to expand existing boat storage. The property is located at 568 N 1800 Road. The application was submitted by George F. Roll, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of a Conditional Use Permit for the construction of an additional building to expand existing boat storage and forwards it to the Douglas County Board of County Commissioners with a recommendation for approval and based upon the following findings of fact:
Zoning and uses of property nearby. The area is zoned for agricultural use. The KTA right-of-way for the I-70 Turnpike is located to the south of the property. The surrounding area is zoned for agricultural use and includes primarily agricultural and rural residential uses.
Character of the area. The area is agricultural and includes pasture land, rural residences and some wooded areas. The I-70 Kansas Turnpike lies 100 feet to the south of the property. The property is on N 1800 Rd, a dead-end gravel road, about 1000 feet west of a paved road, E 600 Rd. The property is located outside the Lawrence Urban Growth Area and is within 3 miles of the City of Lecompton.
Suitability of subject property for the uses to which it has been restricted.
A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The request is to construct another building to increase the storage capacity. The storage of boats is compatible with the allowed use the storage of agricultural equipment.
Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A (Agricultural)" since that adoption.
Extent to which removal of restrictions will detrimentally affect nearby property. The amount of traffic generated should not have any detrimental effect on surrounding properties. The building must be screened from the public road to the south, as it is open storage.
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. The approval of the CUP for additional boat storage would neither harm nor benefit the public at large.
Conformance with the comprehensive plan. The Comprehensive Plan recommends that uses in the rural area be limited to those compatible with agricultural uses and that the design should be consistent with the rural character. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is consistent with the Comprehensive Plan.
Staff's positive recommendation is subject to the following conditions:
Provision of a revised site plan to include the following changes:
a. Note added that states "All Boat Storage must be stored entirely inside the buildings."
b. Note added that states "No non-agricultural storage is permitted outside the buildings."
c. Note added that states "This Conditional Use Permit replaces the previous permit [CUP-10-11-02] and will be re-evaluated by the County Commission in 5 years from the approval date and will expire in 10 years from the approved date. Continuation of the use beyond that date will require rezoning or approval of a new CUP."
d. Screening must be provided for the proposed building from the adjacent public road per Section 19-4(23) of the County Zoning Regulations.
Jones moved to approve CUP-08-07-06 a Conditional Use Permit for Fred's Boat Storage with the above listed conditions. McElhaney seconded the motion and it carried unanimously.
PLANNING 01-17-07
The Board considered item CUP-10-08-06 Conditional Use Permit for a light aircraft landing strip at 2142 N 300 Road. Application is submitted by Ray Vallejo, for Justin Johnson, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussed. Miller stated the Planning Commission voted 6-2 for approval of the airstrip at the December 19, 2006 meeting. Staff recommends denial of a Conditional Use Permit for a private landing strip and forwards it to the County Commission with a recommendation for denial, based on the findings of fact:
Zoning and uses of property nearby. The property is located on the south side of N 300 Road a little more than 3 miles east/northeast of Baldwin City. The area is zoned A for agricultural use and includes both rural residences and agricultural uses.
Character of the area. The character of the area is a rural-residence/agricultural mosaic which includes pasture land, cultivated fields, large-lot rural residences, and scattered wooded areas.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 30-acre property is developed with a single-family home and an accessory building which is proposed to be used as a storage shed and hangar. The A District allows numerous uses, including agricultural uses and single-family dwellings. This property is suitable for most of the uses permitted in the A zoning district.
Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A (Agricultural)" since that adoption.
Extent to which removal of restrictions will detrimentally affect nearby property. This is to be a private airstrip for the use of the property owner only, and will not generate additional traffic. The airstrip's proximity to residential structures may constitute a safety hazard. The noise generated from the airstrip in such a residential area may be unacceptable.
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. Approval of the Conditional Use Permit would not directly or indirectly benefit the community. The approval may negatively impact the area by altering the rural character of the area and may also pose a safety hazard for the neighboring residences.
Conformance with the Comprehensive Plan. Horizon 2020 d s not directly address the issuances of CUPs for private landing strips. The comprehensive plan d s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private airstrip will not encroach on the Municipal Airport's airspace.
Miller commented that the recommendation of denial was based on the land use pattern in the area and the proximity of residential structures to the landing strip. Miller also stated that at the Planning Commission meeting, several surrounding property owners expressed support of the airstrip and consider it an amenity to their property.
Johnson questioned whether the plans have been submitted to the FAA. Miller stated the form has been submitted, but the FAA has not made a determination.
Jones asked Miller to expand her answer on why Staff recommended denial of the airstrip. Miller responded that she recommended denial because the area consists of properties on five and six acre parcels surrounding the airstrip. It appears that the airstrip would be a negative impact on the rural character of the area, which is why most people would move to that part of the area. The noise would be a concern. Also, the closeness of the houses to the airstrip appears to be unsafe. Jones requested more information regarding the commitment made to the neighbors in regard to the airstrip. Miller stated that she knows of no agreement of contract or joint ownership that would ensure that the neighbors have continued benefit of the airstrip.
McElhaney questioned how many airstrips there are in Douglas County. Keith Dabney, Director of Zoning, stated there are four or five. McElhaney directed staff to provide a location map showing all airstrips in Douglas County.
Curtis Holland, attorney for applicants Justin and Penny Johnson, stated that Justin Johnson is a developer and home builder and has developed a number of subdivisions in Johnson County. His property in question is on a 30 acre tract of land. His hobby is in aviation where he flies only 1-2 times per month. Holland acknowledges the airstrip has a duel use as a driveway that is long enough and wide enough to use as an airstrip. Holland stated the owner was not aware a permit was required for the use of an airstrip. All surrounding parcels are 10-12 acres except one, which is a 6-acre tract and the Johnsons also own 180 acres to the south. In response to Miller's safety concerns, Holland provided examples of other airstrips near residential structures. Holland stated the neighbors were informed of the airstrip prior to purchasing their property. The surrounding neighbors signed a petition in support of the airstrip. Holland described Justin Johnson's airstrip as over 2000 linear feet in length, 25 foot wide and made of a hard surface which he feels increases the safety factor.
Justin Johnson, property owner, stated he would not be landing at night. Most accidents do not happen on rural airstrips. He referenced the Vinland Municipal Airport and that there are houses in closer proximity to that airport's airstrip.
Johnson questioned whether the forms were filed with FAA prior to construction. Justin Johnson responded that the FAA has had the forms for 18 months and will not approve the airstrip but rather notify them if the airstrip is conflicting, or interferes with other airspace.
Johnson opened for public comment.
Sharon Kiely, neighbor to the west, stated she was aware of the airstrip before purchasing her property. She was told her family may be able to fly in and use the strip with the airstrip owner's permission, but d s understand the strip is private. She is not concerned with the noise.
Charles Tippie, Overland Park Police Pilot, spoke in regard to a letter he wrote to the Board, per Justin Johnson's request, stating his opinion on the safety issue. According to Tippie, insurance premiums do not increase if you live next to an airstrip. He also stated in his opinion the airstrip will not get a lot of use.
Ron Keplinger, 2440 N 300 Road, Wellsville, KS, stated support of the airstrip.
Jim Kiely, neighbor, stated support of the airstrip.
Jones made a motion to close the public hearing. McElhaney seconded and the motion carried 3-0.
Johnson asked Keith Dabney, Director of Zoning and Codes, to share with the Board the history of this CUP application. Dabney stated that during the construction process, the County got a call on a plane landing. Once it was determined that the property owner was landing a plane, notice of a CUP requirement was sent to the property owner. Dabney also found that the building where the airplane was being stored was constructed pursuant to a building permit issued for an accessory building, not for an airplane hangar. Thereafter, Justin Johnson, Holland, Commissioner Johnson, and Dabney met to discuss the permit process. The property owner did shortly thereafter apply for a CUP. Right now, the building is not in compliance with the permit issued because the building permit was for an accessory building, not an airplane hangar. The building would be required to meet applicable conditions of the building code.
Johnson asked if Holland would like to respond to the comments made by Dabney.
Holland responded that what Dabney said was correct. There was a misunderstanding of what the term "commercial" meant. He stated the hangar would also be used for general storage. The applicant is not using it today because of the need for a CUP.
Johnson commented that this is a case where if the applicant had originally indicated the use for the building as a hangar, there would have been an immediate time out for the proper permit process. Johnson stated he will not vote for in favor of the airstrip when the Planning Staff recommends denial for safety reasons. If the safety concerns can be addressed, the applicant can reapply through the Planning Staff and the item can come back to the Board. At that time, Johnson stated he would probably reconsider.
Jones commented the Board has to approve proposals that have the promise of enduring over time successfully. So much is contingent upon the homeowners and their understanding of how this particular landowner is going to use his property. Jones stated the area is primed for growth from the east towards Baldwin. Some of the other landowners might be OK with Mr. Johnson's intended flight pattern, but that can change. Jones d sn't feel this agreement will maintain a good relationship with all landowners and it may create a problem for future commissions.
McElhaney stated he would vote for the airstrip. He commented there are several airstrips in the southern part of Douglas County and d sn't think the safety issues or the development issues are concerns. McElhaney agrees Justin Johnson went about the process backwards, and his intentions should have been brought to the County's attention, but feels the property owner made a good faith effort.
Jones made a note to revisit some of the existing strips that are not properly permitted. Jones directed Planning Staff to work on appropriate standards regarding setbacks, easements, and length and width of airstrips for future direction.
Holland addressed the comments made by Commissioner Johnson and suggested meeting with Staff to discuss safety issues. Holland stated Miller did not have the benefit of the photos he presented to base her decision before writing the Staff Report. Holland suggested a continuance on the application.
Jones objected to the response that Holland's intention was to reframe the CUP request. The process is meant to be deliberative. To change the content after the review process defeats the purpose of the review process. Jones suggested Holland go back and revisit the issues and make some adjustments, but the CUP request should be denied and that the process should begin again with new content.
Commissioner Johnson asked Miller if a new application can be filed tomorrow, if appropriate. Miller responded that she believed the county zoning regulations would allow a successive application if there was a change from the original application."
Jones made a motion to deny the request for CUP-10-08-06. Johnson seconded the motion and it carried 2-1 with McElhaney in opposition.
PLANNING 01-17-07
Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented to the Board for consideration item TA-08-08-06, Revisions to Article 19, including mini-storage as use permitted with a Conditional Use Permit. On December 19, 2006, the Planning Commission instructed Staff to revise the condition based on public comment. A revised edition was provided to the Board for discussion.
Tim Herndon, Landplan Engineering representing owner of Clinton Cove, stated in review of the text amendment, he noticed a discrepancy in the road classification system. The major thoroughfare map, provided with Transportation 2025, d s not feature "major collector" as a road classification on any road in Douglas County. He requests an editorial revision to delete the term "major" under Section 34-2 of the proposed amendment.
Keith Browning, Director of Douglas County Public Works, agreed that there was inconsistency with the road classifications between the text and maps in T2025.
Johnson moved to approve TA-08-08-06 Revisions to Article 19 including mini-storage as use permitted with a Conditional Use Permit and have language read under Section 34-2 "Must be located on, and take direct access from a paved road classified as 'collector', or higher." Jones directed Staff to review documents for consistency and empowered them to make needed editorial changes. The motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 01-17-07
Jones moved to approve accounts payable in the amount of $600,968.57 to be paid on 01/16/07, payroll in the amounts of $687,561.06 to be paid 12/15/06 and $707,524.46 to be paid on 12/29/06; payroll for November poll worker in the amount of $220.00 to be paid on 12/16/06; electronic transfers for FICA in the amounts of $49,733.74 to be paid on 12/22/06 and $52,044.76 to be paid on 01/05/07; KPERS in the amounts of $52,735.02 to be paid on 12/22/06 and $58,033.33 to be paid on $01/05/07; and a wire transfer in the amount of $468,504.70 to be paid on 01/17/07. The motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 01-17-07
McElhaney moved to approve Chris Cheek, representing Lecompton Township, and Charles Garzillo, representing Willow Springs Township, to the Douglas County Fair Board for one-year terms expiring in January 2008. Each member is eligible for six one-year terms. The motion was seconded by Johnson and carried unanimously.
APPOINTMENT 01-17-07
Johnson moved to approve Dr. Bruce Liese, Lecompton, to the ECO2 Commission for a four-year term that commenced July 2006, replacing the position held by Mark Gonzales. The motion was seconded by McElhaney and carried unanimously.
Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried unanimously.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date