- Pledge of Allegiance
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Proclamation proclaiming the week of November 11-15, 2003 as National Hunger & Homelessness Awareness Week (Gary Miller)
(2) Public hearing regarding Petition for Attachment of Land to Rural Water District #4 (John Nitcher)
(3) Planning items:
(a) CUP-02-01-03: Conditional Use Permit request for Lone Oak Sporting Trap located at 1718 N 1700 Road (Sandra Day)
(b) PF-02-01-03: Final Plat for Oak Grove Estates No. 2, located south on Highway 59 between N 1100 Road and 458 (Brian Pedrotti)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(d) Public Comment
Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 16, 2003. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 04-16-03
McElhaney made a motion to table approval of the Proclamation Proclaiming the Week of November 11-15, 2003 as National Hunger & Homeless Awareness Week. Motion was seconded by Jones and carried unanimously.
The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated 3/26/03. This item is CUP-02- 01-03: Conditional Use Permit for a recreation facility to be known as Lone Oak Sporting Trap. The property is generally located at 1718 N 1700 Road. Submitted by Gary L. Weigel, 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 surrounding area in all directions is zoned and used for agricultural purposes that include scattered rural residences. A quarry operation is located to the west.
Character of the area. The subject property is located in far western Douglas County. Large tracts of agricultural land characterize the area with a few scattered residences along county roads.
Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the recreation facility. The activity area is limited to 4 acres of a total 308-acre parcel. Private recreational facilities are a permitted use in this district subject to the approval of a CUP.
Extent to which removal of restrictions will detrimentally affect nearby property. The proposed request will not alter the base agricultural district. The proposed request is a permitted use per Section 19-4(11) subject to approval of a Conditional Use Permit. Addition of the use will increase the traffic and noise associated with the activity that is non-agricultural in nature.
Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural activities and includes multiple buildings and two residences. It has been zoned for agricultural purposes since 1966.
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. No significant gains to the public health, safety and welfare would result from the approval of this proposed facility. Approval of the proposed use would provide additional recreational opportunities within Douglas County. The activity area is located in the center of the 300 plus acre area providing ample buffer within the applicant's property. If denied, the subject property can continue to be used for agricultural purposes. The surrounding area is relatively unpopulated and includes only sparse residential development uses in the area. The activity should not have any significant impacts on surrounding residents or property owners.
Conformance with The Comprehensive Plan. While Horizon 2020 does not specifically address conditional use permits or private recreational facilities in Douglas County, staff finds that the application is not inconsistent with the goals and policies of the Comprehensive Plan.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following notes:
a. "Use of building for commercial activity must be approved by the County Zoning Administrator."
b. "No retail sales shall be permitted on the premises."
c. "Firearms shall be limited to shotguns."
d. "The conditional use permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners."
e. "Review of the use shall be required one year after initiation of operation to assess compliance with conditions of approval."
The Board asked that the record show that the CUP would be for five (5) years instead of the normal ten (10) years. Jones made a motion to approve CUP-02- 01-03. Johnson seconded and the motion carried unanimously.
The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated 3/26/03. This item is PF-02-01-03: Final Plat for Oak Grove Estates No. 2, a proposed seven-lot rural subdivision containing approximately 25.4162 acres. The property is generally located between Hwy 59 and E 1326 (extended), south of Berg Acres. Submitted by Dennis Boltz, R.L.S., for Carl McElwee, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.
The subject property is generally located on the east side of US 59 Highway, south of N 1100 Road. The applicant proposes to replat 5 lots into 7 residential lots on 25.4 acres. The property is undeveloped, and is surrounded by agricultural uses to the south and residences to the north. US Highway 59 right-of-way is directly to the west.
In October of 2000, the property owner agreed with Douglas County Public Works to share the costs of upgrading E 1326 Road north to N 1100 Road upon construction of homes on 70% of the lots (i.e., homes on 6 lots constructed) on the original Final Plat of Oak Grove Estates. Wakarusa Township has requested that this road maintenance agreement be upheld as originally agreed based on the previously approved number of lots along E 1326 Road. The applicant must provide the road maintenance agreement as agreed to by Wakarusa Township.
The Kansas Department of Transportation recently released the proposed alignment for US-59, which is anticipated to be constructed 300' east of the existing alignment. This new highway would cut diagonally from west to east on the south side of this proposed plat. Although KDOT has indicated that no significant portion, if any, of this property would be required and there would be no impingement on the use of the lot.
This item comes to the Board with a unanimous recommendation of acceptance of easements and rights-of-way, subject to the following conditions:
1. Provision of a note on the face of the plat stating, "No building permit may be issued for lots without an approved water meter from the Rural Water District;"
2. Provision of the road maintenance agreement signed by the Wakarusa Township Board including installation of two (2) fire fill stations;
3. Provide Note 13 from the Preliminary Plat;
4. Provide a note reference the date and panel # of the FEMA floodplain map;
5. Provide a copy of the covenants, restrictions, as referenced on Prelimi nary Plat;
6. Remove the name "Rodney Brown" from Oak Grove Estates Lot 3; and
7. Pinning of the lots in accordance with Sec. 21-302.2 of the Subdivision Regulations.
Alan Button, Wakarusa Township Board Member, noted that the Township would like clarification as to when and how much of the chip and seal of E 1326 Road would be completed by Mr. McElwee. It was stated in the original agreement with Wakarusa Township and Carl McElwee, that "after substantial construction has been completed (about 70%) I agree to share the cost of upgrading E 1326 Rd to chip and seal north of my property line to N 1100 Rd. I agree to pay 2/3 of the reasonable cost to upgrade this stretch of road to chip and seal and the Wakarusa Township Board will bear 1/3 of the cost." Mr. Button agreed that the 70% amount stated in the agreement would be of the original "9" lots the project started with. That would mean when "6" lots have "substantial construction" completed on them. Johnson made a motion to approve PF-02-01-03 for Oak Grove Estates. Jones seconded and the motion carried unanimously.
RURAL WATER DISTRICTS 04-16-03
The Board conducted a public hearing regarding the Petition for Attachment of Land to Rural Water District #4. John Nitcher, attorney, presented the Board with information regarding the Water District. He explained that there were 120 tracks of land that were not in the district, 108 of which have water meters. K.S.A. 19- 270, states "the board shall receive testimony from the city, township, county or regional planning commission having jurisdiction over any of the affected land area." Jones interpreted that to mean that the County shall receive testimony from the Lawrence-Douglas County Metropolitan Planning Commission. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was present and advised the Board that the Planning Commission would like to be given a chance to comment and would address it at their next meeting. No action was taken at this time.
Jones left the meeting at 7:20 p.m.
The Board considered approval of a resolution authorizing the continued offering for sale of General Obligation Sales Refunding Bonds, Series 2003-A and General Obligation Refunding Bonds, Series 2003-B, of Douglas County, Kansas. Johnson made a motion to approve Resolution No. 03-11. McElhaney seconded and the motion carried.
ACCOUNTS PAYABLE 04-16-03
McElhaney moved approval of accounts payable manual checks in the amount of $7,309.76. Johnson seconded and the motion carried.
Johnson moved for adjournment. McElhaney seconded and the motion carried.
Bob Johnson, Chairman Jere McElhaney, Member
Patty Jaimes, County Clerk Charles Jones, Member