WEDNESDAY, MAY 16, 2018
(1) (a) Consider approval of Commission Orders;
(2) Z-18-00069: Consider a request to rezone approximately 2.54 acres located at 548 N 1700 Rd from A/A-1 (Agricultural and Suburban Home Residential) Districts to A (Agricultural) District. Submitted by Kevin Sontag on behalf of Kanwaka Township, property owner of record. Mary Miller is the Planner.
(3) (a) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) positions 10/17
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board (1) position
-JAAA Advisory Council (2) position
-JAAA Board of Directors (1) position
(c) Public Comment
May 16, 2018
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, May 16, 2018 with all members present.
Mike Brouwer, Undersheriff, presented a Proclamation for “Stepping Up to Reduce the Number of People with Mental Illnesses in Jails.” Thellman read the Proclamation and the Board signed and presented it to Brouwer.
PLANNING & ZONING 05-16-18
The Board considered a request to rezoning approximately 2.54 acres located at 548 N 1700 Road from A/A-1 (Agricultural and Suburban Home Residential) Districts to A (Agricultural) District. The application was submitted by Kevin Sontag on behalf of Kanwaka Township, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The Kanwaka Township purchased approximately .94 acres from the owner of residential lot at 548 N 1700 Road in the Arlo Jay Minor Subdivision to expand their fire station operations and build a storage facility for equipment they currently have stored off site.
Staff recommends approval of the rezoning request for approximately 2.54 acres from A (Agricultural) and A-1 (Suburban Home Residential) Districts to A (Agricultural) District based on the following findings of fact:
I. Zoning and land uses of surrounding properties. The majority of the area is zoned A (Agricultural). The majority of the area is zoned A (Agricultural) with platted residential development to the north and west being zoned A-1 (Suburban Home Residential). The Floodway Fringe Overlay District is located along stream corridors through the area. Principal land uses in the area are Single Family Dwellings, Residential Detached Dwellings, Agriculture, and woodland. No change is being proposed in the zoning or land uses in the area. The A zoning is being extended to match the new lot line for the township property.
II. Character of the area. This is an agricultural area with rural residential development of varying intensities, with the more dense development being in the platted subdivision adjacent to the township property.
III. Suitability of subject property for the uses to which it has been restricted. The properties are well suited to the uses to which they are restricted with the current zonings. Rezoning to the A District will result in uniform zoning across the township lot and will provide a uniform set of standards for the lot
IV. Length of time subject property has remained vacant as zoned. This property is not vacant. The residential property at 540 N 1700 Road was developed with a residence in 1998. A CUP for the township facility at 548 N 1700 road was approved in 1990.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The rezoning will provide a uniform zoning over the township property, but the township use would be permitted with a CUP under either zoning district. The lot reconfiguration will permit the expansion of the facility to allow more equipment to be stored on site. This will require a revision to the CUP site plan, which will be reviewed to insure detrimental effects to nearby properties are minimized.
VI. 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 are no detrimental impacts associated with the approval of the rezoning anticipated on nearby properties.
VII. Conformance with the comprehensive plan. The residential development was approved with the rezoning and platting of the Hardrock 25 Subdivision in 1996. The township facility was approved with CUP-3-1-90 in 1990. This rezoning request will revise the zoning of approximately 1 acre which has been added to the township property.
The township CUP was found to be in conformance with the recommendations in Plan ’95, the comprehensive plan in place at the time. Horizon 2020 was adopted in May of 1998 so the following is a review of the township use with the recommendations of the current comprehensive plan, with staff comments in red:
The township facility is classified as a ‘Community Facility’. Recommendations in Chapter 10 of Horizon 2020 include:
Goal 1, Policy 1.1, b: Maintain or upgrade existing facilities and services where necessary to serve existing development. (Page 10-16, Horizon 2020) The lot reconfiguration and rezoning will accommodate the expansion of the Kanwaka Township Fire Department facility which serves existing development in the area.
VIII. Professional staff recommendation. Staff recommends approval of the request to rezone approximately 2.54 acres from A (Agricultural) and A-1 (Suburban Home Residential) District to A (Agricultural) District to provide uniform zoning on the lot.
After discussion, Thellman made a motion to approve Z-18-00069, a request to rezone approximately 2.54 acres from A (Agricultural) and A-1 (Suburban Home Residential) Districts to A (Agricultural) District based on the above Findings of Fact; and Resolution 18-14 relating to and amended regulated zoning classification for a tract of land located within the unincorporated territory of Douglas County. The Motion was seconded by Derusseau and carried unanimously.
ACCOUNT PAYABLE 05-16-18
Thellman made a motion to approve accounts payable in the amount of $429,084.64 to be paid on 05-16-18; payroll in the amount of $1,033.322.48 paid on 04-27-18; and payroll in the amount of $994,039.80 paid on 05-11-18. Motion was seconded by Gaughan and carried unanimously.
Thellman moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.
Nancy Thellman, Chair Michelle Derusseau, Vice-Chair
Jamie Shew, County Clerk Mike Gaughan, Member