Meeting Information
-Convene
-The Pledge of Allegiance
-Consider approval of the minutes of April 2 and April 4, 2007
-Proclamation- National Crime Victims Rights Week (Charles Branson)
-Proclamation- Headquarters Counseling Center Life Support Day (Marcia Epstein)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of road closers for 2007 Baldwin City Stage Race; and
(c) Consider approval of Cooperation Agreement with City of Eudora for First Responder Services (Pam Madl)
REGULAR AGENDA
Planning Items:
(2) (a) TA-11-13-06: Consider amendments to Chapter 20, Article 7 Subdivision Regulations to correct and clarify the proposed regulations. Initiated by the Planning Commission at their November meeting. Joseph Rexwinkle is the Planner.
(b) Z-12-30-06: A request to rezone a tract of land approximately 3.34 acres, from A (Agricultural District) to A-1 (Suburban Home Residential District). The property is located at 1930 E 1400 Road. Submitted by Lewis Phillips, for Husted Management, L.C., property owner of record. Mary Miller is the Planner.
(c) PF-02-03-07: Final Plat for Husted Farms, located at 1930 E 1400 Road. The one lot residential site contains approximately 3.34 acres. Submitted by Lewis Phillips, for Husted Management, L.C., property owner of record. Mary Miller is the Planner.
(3) Work session on Conservation Easements (Mary Miller and Evan Ice)-No backup
(4) Executive Session to consult with County Counselor.
(5) Tour of Courthouse and celebration of County Government Week
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Johnson called the meeting to order at 8:30 a.m. on Monday, April 23, 2007 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.
Johnson moved to approve the minutes of April 2, 2007 and April 4, 2007. The motion was seconded by Jones and carried 2-0.
PROCLAMATION 04-23-07
Charles Branson, District Attorney, read a Proclamation proclaiming the week of April 22 - April 28, 2007 as "Crime Victims' Rights Week." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried 2-0.
PROCLAMATION 04-23-07
Marsha Epstein, Headquarters Counseling Center, Diane Meyers and Michelle Fales, People's Bank, and Ken McGovern, Douglas County Sheriff, were present to support a request for a Proclamation proclaiming April 28, 2007 as "Headquarter's Counseling Center Life Support Day." Johnson moved to approve the Proclamation; Jones seconded and the motion carried 2-0.
CONSENT AGENDA 04-23-07
Jones moved approval of the following Consent Agenda:
► Road closures for County Road 1055 for 2007 Baldwin City Stage Race for the morning of Saturday, June 23, 2007; and
► Cooperation Agreement with the City of Eudora for First
Responder Services.
The motion was seconded by Johnson and carried 2-0.
PLANNING 04-23-07
The Board discussed text amendments to Chapter 20, Article 7 of the Development Code to correct inconsistencies identified since code the was originally updated. Joseph Rexwinkle, Lawrence/Douglas County Metropolitan Planning Department, was present for discussion. Due to the absence of Commissioner McElhaney, the item was tabled for further view. Jones directed the item be placed on the Consent Agenda for the Monday, April 30, 2007 meeting.
PLANNING 04-23-07
Mary Miller, Lawrence/Douglas County Metropolitan Planning Department, presented Z-12-30-06, a request to rezone a tract of land approximately 3.34 acres from A (Agricultural District) to A1 (Suburban Home Residential District) to the Board for consideration. The property is located at 1930 E 1400 Road. The application was submitted by Lewis Phillips, for Husted Management, L.C., property owner of record.
Staff recommends approval of the rezoning request of the 3.34 acres from A (Agricultural District) to A1 (Suburban Home Residential District) and forwarding 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 surrounding area is zoned A (Agricultural) District. Agriculture is the dominant use with scattered rural residences.
Character of the area. The area is predominately agricultural with a limited mix of uses. The area is primarily zoned for agricultural uses; however, there are small areas of industrially zoned property nearby. Farming is the dominant land use with rural residences scattered throughout the area. Nearby industrial uses include a building supply store, farm implement company and Midland Farm Store and Co-op Elevator. A Bed and Breakfast establishment, which was approved with a Conditional Use Permit, is located to the south. The property is within a mile of the Riverfront Park along the Kansas River levee.
Suitability of subject property for the uses to which it has been restricted. The subject property is suitable for the purposes to which it is restricted under the A District. However, as it has previously been developed with a home and the applicant's intent is to sell the residence and retain the agricultural character of the remainder of the property, the subject property is suitable for the A-1 District.
Length of time subject property has remained vacant as zoned. The existing development occurred before zoning regulations were enacted.
Extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning would not result in any physical change in the area. The property has been developed with a single-family residence and outbuildings since 1916. There would be no negative impact on nearby properties.
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. Denial of the rezoning request would produce no gain to the public health, safety or welfare. Denial of the request would create a hardship upon the landowner in that it would prevent the sale of the residence and require the applicant to maintain possession.
Conformance with the Comprehensive Plan. The rezoning request is in conformance with the recommendations of Horizon 2020. As the request was submitted prior to the adoption of the Subdivision Regulations, the property is being platted rather than being subdivided with an administrative review process. Platting for land divisions in the Urban Group Area was a requirement of Horizon 2020 before it was updated. The rezoning request is contingent upon the recording of the final plat which, as conditioned, is in conformance with the recommendations of Horizon 2020.
AND subject to the following condition:
(1) Recording of a final plat prior to publication of the rezoning ordinance.
Jones moved to approve Z-12-30-06 a request to rezone a 3.34 acres tract of land from A (Agricultural District) to A-1 (Suburban Home Residential District) subject to the above listed condition. The motion was seconded by Johnson and carried 2-0.
PLANNING 04-23-07
Mary Miller, Lawrence/Douglas County Metropolitan Planning Department, PF-02-03-07 a Final Plat for Husted Farms, located at 1930 E 1400 Road. The one lot residential site contains 3.34 acres. The application was submitted by Lewis Phillips, for Husted Management, L.C., property owner of record.
Staff recommends approval of the Final Plat for Husted Farms and forwarding it to the County Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:
(1) Provide justification for the 10' and 15' utility easements, or provide a revised plat with 5' and 7.5' easements on the side and rear property lines respectively; and
(2) Provision of paid property tax receipt.
Jones moved to approve PF-02-03-07, a Final Plat for Husted Farms and subject to the above listed conditions. Johnson seconded the motion and it carried 2-0.
PUBLIC WORKS 04-23-07
Michael Kelly, County Surveyor, presented the Board with a walk-on item for Board authorization to proceed with a Contract for Highway Purposes for structure No. 9.76N - 11.00E, a project to replace a drainage structure by County personnel. Johnson moved to authorize the Chairman of the Board to affix his signature to the Contract for Highway Purposes for Str. No. 9.76N - 11.00E for an Acquisition of Easement for Tract Nos. 1, 2 & 3. The motion was seconded by Jones and carried 2-0.
PLANNING & CONSERVATION EASEMENTS 04-23-07
The Board held a work session with Mary Miller, Lawrence/Douglas County Metropolitan Planning Department, and Evan Ice, County Counselor, to discuss the wording and intended uses of 1 (vii) of the Lawrence/Douglas County Subdivision Regulations. Also in attendance were Trudy Rice and Roxanne Miller of the Lawrence/Douglas County ECO2 Board, and Dorothy Jackson, Douglas County resident.
Jones stated the Board needs to have a meaningful discussion on conservation and to bring in experts to discuss ways and possible incentives to encourage landowners to conserve wooded areas. Jones asked that with the Planning Commission, the Land trust or ECO2 Commission bring forward a recommendation for a program to teach the Board about various approaches and strategies for conservation and/or any other interested party. He also suggested bringing in a planner to help the Board determine what we want to conserve and how to do it. We would find money in the budget to support that effort.
Miller asked if the Board wanted to initiate a text amendment to change this item so it can go back to the Planning Commission. Jones responded the text amendment has to be changed because the Board d s not want the Planning Staff to impose it. It's more important to preserve that band of hills and woods that runs from Baldwin to Lone Star, then it is to preserve a little bit of each property. This is the strategy that we ought to be thinking about.
Jones directed staff to start initiating a revised text amendment.
ACOUNTS PAYABLE 04-23-07
Johnson moved to approve accounts payable in the amount of $505,401.80 to be paid on 04/23/07. The motion was seconded by Jones and carried 2-0.
MISCELLANEOUS 04-23-07
At 9:55 a.m., Johnson moved that the Board recess into executive session for 15 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Keith Dabney, Director of Zoning. Jones seconded the motion and it carried 2-0. At 10:10 a.m., Johnson moved for an additional 5-minute extension. Jones seconded and the motion carried 2-0. The Board returned to regular session at 10:15 a.m. No action was taken.
Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried.
_____________________________ ________________________
Bob Johnson, Chairman Charles Jones, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date