PC Minutes 10/22/07 DRAFT

ITEM NO. 12:     AMENDMENTS TO SECTION 20-804, 20-805, 20-811 DEVELOPMENT CODE (JCR)

TA-09-20-07: Consider amendments to Sections 20-804, 20-805, 20-808, and 20-811 of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source.

STAFF PRESENTATION

Mr. Joseph Rexwinkle presented item. A loophole exists in the existing language which permits a person dividing his/her property to do so without purchasing publicly treated water, delivered to the site by a public infrastructure (such as water lines, meters, etc.).

Commissioner Eichhorn asked if rural water districts were a public source of water.

Mr. Rexwinkle replied, yes.

Commissioner Harris asked if a person would need to purchase the water line before they divided their property.

Mr. Rexwinkle stated they would need to provide Planning with documentation saying they can obtain the water meter.

Commissioner Hird said he was going to abstain from voting on the item because he served on the Rural Water District #2 board.

Commissioner Eichhorn asked if someone could divide land but not get water to it.

Mr. Rexwinkle said that in some areas there are waiting lists to get water, and Planning needs documentation that water will be available. The building permit may not be available at the same time. Planning just needs proof that they can obtain water to approve the certificate of survey.

Commissioner Eichhorn asked if someone just put their name on a list that the meter/water would be available at some future time.

Mr. Rexwinkle replied that was correct.

Commissioner Harkins stated the risk was on the property owner of whether or not they could get water.

Ms. Stogsdill stated that the text amendment would close the loop hole where an individual could purchase water and hold it in a cistern until a meter was available. The County Commission allowed that one instance to happen, but they suggested that a text amendment be approved to close that loop hole. That was the specific issue being addressed.

Commissioner Finkeldei asked if this issue only effects property in the UGA.

Ms. Stogsdill replied, yes.

Commissioner Harkins asked if people could not divide their property without a water meter.

Mr. Rexwinkle clarified that a home could not be built without a certificate of survey.

Mr. McCullough stated the reason the splitting process exists was to qualify for a building permit in the UGA, so yes it was tied to being able to get a water meter. The rural water district would provide documentation to Planning that they can secure a water meter for them.

Commissioner Harkins agreed with the intent of the text amendment but felt that securing a future water meter through the Rural Water District was pointless and did not feel it would be fair to the developer.

Commissioner Eichhorn said that he knew of a lawsuit in Eudora where the City of Eudora does not want to pay for lots that the Rural Water District 4 would provide for in the future.

Commissioner Lawson agreed with Commissioner Harkins that land should not be split prior to getting water because water may not be available when a house is constructed.

Commissioner Finkeldei said that the flip side was a split would be approved and then that person would sell the land to an innocent 3^rd party that thought they had a buildable residential lot with water available.

Commissioner Jennings served on the Rural Water District #5 board a few years ago and water meters were around $6,200.00. People would put their name on a list and pay $500 down and then once they get a letter saying the water meter was available they had 30 days to pay the difference.

Commissioner Hird said the way Rural Water District #2 worked was a person would have 1 year to acquire the meter. He felt that Commissioner Harkins was right because the engineering study could show later that it cannot support more water meters.

Mr. McCullough said that Planning made sure the land was eligible for a water meter and that maybe they could put a note on the Certificate of Survey that a meter was required prior to a building permit being issued.

Commissioner Harris felt it was important that people know that they may or may not be able to acquire a water meter.

Commissioner Harkins said to make it stick the developers should have to purchase the water meter as a condition of splitting.

Commissioner Hird said that Bartlett & West does the engineering for Rural Water District #2 and when a letter is issued to an applicant they are eligible for a water meter they are required to include that.

Commissioner Harkins said he was more comfortable letting the buyer beware because he felt that anyone building a home in the country knows they need to get water before they build.

Commissioner Finkeldei said that one extreme would be to make applicants purchase water meters up front, and the other extreme was not to mention water meters at all. The text amendment was not a perfect solution but it was middle ground.

Commissioner Harkins thought that the County Commission should know that this text amendment may not have a good outcome.

Commissioner Hird stated that on the first page of Staff Report it discusses the loop hole that permits water to be delivered through public infrastructure but the Development Code does not mention that. He suggested adding the wording of “delivered through public infrastructure and water meter.”

Commissioner Lawson said he would probably vote against it because he did not feel that the County had not dealt with the issue at hand.

Commissioner Harkins said he would vote against it too.

PUBLIC HEARING

No public comment.

ACTION TAKEN

Motioned by Commissioner Finkeldei, seconded by Commissioner Chaney, to approve the proposed revisions [TA-09-20-07] to Sections 20-804, 20-805, 20-808, 20-811 and 20-816 of the Development Code, with the revision of “delivered through public infrastructure and water meter” and forward to the City Commission and Board of County Commissioners.

Motion carried 5-4-1, with Commissioners Blaser, Chaney, Eichhorn, Finkeldei, and Moore in favor. Commissioners Harkins, Harris, Jennings, and Lawson voted in opposition. Commissioner Hird abstained.