PC Minutes 5/23/07 

ITEM NO. 8A:    ANNEXATION OF 536.88 ACRES; N 1175 RD & E 1600 RD (MKM)

A-04-02-07: Annexation of approximately 536.88 acres located at N 1175 Road & E 1600 Road. Submitted by Bartlett & West Engineers, for the City of Lawrence, property owner of record.

STAFF PRESENTATION

Ms. Mary Miller presented the item.  Items 8A, 8B, 8C and 8D were heard together.  Staff recommended approval of the requested annexation of approximately 536.88 acres located near the intersection of N 1175 Road and E 1600 Road and forwarding it to the City Commission with a recommendation for approval based on the findings found in the body of the staff report subject to the following condition:

1)  Compensation be made to Rural Water District #4 for any rural water district facilities within the annexed area.

Commissioner Harris said Ms. Miller’s report was excellent then asked about flooding and how far water would come up according to the elevation.

APPLICANT PRESENTATION

Mr. Mike Orth with Black and Veatch stated there would be a hydraulic analysis performed on the site, and they would comply with requirements which state there would be no impact on the flood plain.  He said fill would be added to the site to bring the facility above flood plain levels.

Commissioner Burress stated there had to be an H & H study before issuing the plat.

Mr. Orth stated there was a hydraulic analysis done on the site which would be submitted to the Corp of Engineers.

COMMISSION DISCUSSION

Commissioner Burress asked Staff if the plat could be approved without the H & H study.

Commissioner Haase stated the regulations govern the actual work in the area not the plat, and before excavation could begin the H & H study would have to be completed.

Commissioner Burress said the City was like any other applicant and they would have to obey the same rules or obtain a variance to allow the facility to take access from local roads.

Ms. Stogsdill stated that had been considered but in her opinion the GPI District was created for a mapping reason because under the old code there was not a district that showed where public facilities were located, and they were typically zoned RS in the previous code.  The district was created to specifically be able to identify where public facilities were located within the community and provide that notice to potential buyers.  There were numerous text amendments since July 2006.  The language used to describe the GPI was written so that it would accommodate a whole collection of different types of public facilities and utilities. She said the wording exists more as a description than a requirement and a variance would not be needed, the language did not work as a catch all.

Commissioner Burress stated the word ‘shall’ attached to the statement in the regulations, was not usually used in a description.

Ms. Stogsdill suggested the Commission initiate a text amendment to modify the language.

Commissioner Burress said he believed there needed to be a zoning variance.

ACTION TAKEN

Motioned by Commissioner Eichhorn, seconded by Commissioner Harris, to approve the annexation of 536.88 acres and recommend approval based on the findings of fact presented in the body of the Staff Report and subject to the following condition:

Motion carried unanimously, 10-0.  Student Commissioner Robb also voted in the affirmative.

Commissioner Haase stated the condition attached is a matter of State Law.

Ms. Miller said the condition appeared on other annexations and had just generally been a condition provided as notice.

Commissioner Haase said it was his understanding there was a State law that a municipality reimburses a rural water district when an event like this occurs.

Commissioner Burress asked if Board of Zoning Appeals had to approve the road access, what should be conditioned and how would it be conditioned.

Ms. Stogsdill stated it could be recommended there be a condition that the Board of Zoning Appeals grant a variance from the GPI standard prior to the City Commission considering the rezoning request or adopting an ordinance for the rezoning request.