BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, March 5, 2002
Commission Chairman Randy Doll called the Butler County Board of Commissioners to order. Present were Commissioners Bill Shriver & Will Carpenter; Jay Newton, County Administrator and Clerk Secretary, Linda S. Peterson.
Commissioner Carpenter moved to approve the Adds in the amount of $+2,978.02 and the Abates in the amount of -$18,006.38, with the approval #2094 dated March 5, 2002. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Planning & Development Department Director presented to the Board a request for a Conditional Use Permit (CUP) for paintball fields (approx. 5 acres in size). This land is located 11/2 miles west of HWY 196 on NW 50th street, owned by Rickey and Della Cooper. Mr. Kennemer stated that all the appropriate parties had been contacted, with no objection.
Commissioner Carpenter moved to approve the CUP for paintball fields on land owned by Rickey and Della Cooper and authorize the Chairman to sign resolution # 02-08. Commissioner Shriver seconded the motion. Motion carried 3-0.
RESOLUTION #02-09—BUTLER COUNTY COMPREHENSIVE PLAN.
Todd Kennemer, Planning & Development Department Director came before the Board to consider resolution #02-09 amending the Butler County Comprehensive Plan. Mr. Kennemer stated concerns from citizens were as follows: Preserve the rural areas, Infrastructure concerns, Environmental concerns, Land Use concerns, Cooperation between the cities and county and Effective Code enforcement.
Mr. Kennemer also presented the following proposal to the Board for their review.
ZONING CODE
AMENDMENTS
Article 6 – Districts & District Maps
· Establishes Urban Growth Area (UGA)& Preservation Area
· Establishes two Agriculture districts: AG 40 & AG 80
· Establishes Agriculture Preserve Overlay (APO)
Article 7 – Agriculture District (AG 40) (AG80)
· Adds AG 80 district
· Removes allowance for guesthouse. To often guesthouses are built and used as rental units, or are built with the intentions of splitting and selling the portion of the lot containing the guesthouse. Requiring the guesthouse to be dependent on the main house for utilities could help stop this problem but, it creates problems with some utility providers. Rural Water Districts, for example, allow only one house per meter. It is easier to remove guesthouse provision than create (and enforce) new regulations.
· No longer allows mobile homes as hardship residences. Allows manufactured homes only. In the case of hardships, utilities are to be dependent on main structure.
Article 8 –Rural Residential (RR) District
· Sets maximum number of lots in RR subdivision at 3.
· Introduces incentive for a fourth lot if all four are clustered and remainder of land is platted as open space with an APO.
· Requires 330 foot minimum width, but allows a 4:1 depth-to-width ratio when used as Homestead Lot Split / Agriculture Preserve Overlay.
· No longer allows mobile homes as hardship residences. Allows manufactured homes only. In the case of hardships, utilities are to be dependent on main structure.
Article 9 –Planned Residential Development “B” District (PRD-B)
· Establishes minimum number of lots at 4
· Establishes a formula to determine total number of lots and average lot size
· No longer allows mobile homes as hardship residences. Allows manufactured homes only. In the case of hardships, utilities are to be dependent on main structure.
· Required parking spaces are no longer required to be covered
· Requires a minimum of 25% of plat to be dedicated as open space.
· Introduces the following incentives to achieve preservation of open space, rural character, and clustered housing. Chart is based on a 40-acre subdivision.
PRD-B
|
Acres dedicated as Open Space |
Number of Lots |
Lot Size (in acres) |
Sewage System |
||
|
As per code: |
|
|
|
||
|
10 |
4 |
7.5 |
lagoon |
||
|
Incentive: |
|
|
|
||
|
15 |
5 |
5 |
lagoon |
||
|
16 |
6 |
4 |
septic |
||
|
19 |
7 |
3 |
septic |
||
|
20 |
8 |
2.50* |
septic |
||
|
21 |
9 |
2* |
septic |
||
|
22.5 |
10 |
1.75* |
septic |
||
|
23.5 |
11 |
1.50* |
septic |
||
|
25 |
12 |
1.25* |
septic |
||
|
* dependent on soil analysis |
|||||
Article 10 –Planned Residential Development “A” District (PRD-A)
· Establishes minimum number of lots at 4
· Establishes a formula to determine total number of lots and average lot size
· No longer allows mobile homes as hardship residences. Allows manufactured homes only. In the case of hardships, utilities are to be dependent on main structure.
· Required parking spaces are no longer required to be covered
· Requires a minimum of 25% of plat to be dedicated as open space
· Introduces the following incentives to achieve preservation of open space, rural character, and clustered housing. Chart is based on a 20-acre subdivision.
|
Acres dedicated as Open Space |
Number of Lots |
Lot Size (in acres) |
Sewage System |
||
|
As per code: |
|
|
|
||
|
5 |
4 |
3.75 |
septic |
||
|
Incentive: |
|
|
|
||
|
7.5 |
5 |
2.5 |
septic |
||
|
8 |
6 |
2 |
septic |
||
|
9.5 |
7 |
1.5 |
septic |
||
|
10 |
8 |
1.25 |
septic |
||
|
* dependent on soil analysis |
|||||
Article 11 –Residential
District (R)
· Limits R zoning to the gradient zones of the UGA (or to Growth Area of city if there is an Interlocal Agreement [similar to Augusta agreement]).
· Establishes maximum lot size of 2 ½ acres
· Where maximum lot size is in effect, Platting Impact Fee is to be based on acreage, not number of lots.
· No longer allows mobile homes as hardship residences. Allows manufactured homes only. In the case of hardships, utilities are to be dependent on main structure.
· Required parking spaces are no longer required to be covered. Garage is now optional.
Article 28 – Definitions
·
Hardship Mobile / Manufactured Home: Mobile homes no
longer qualify as a temporary hardship residence. Must be a Manufactured Home.
SUBDIVISION REGULATIONS AMENDMENTS
Section 2-604 Sets maximum number of lots in a Rural Residential (RR) subdivision at 3. Lots to be split or re-platted must first be rezoned to a classification other than RR, and must meet all the requirements of that district.
This “closes the loophole” of waiting 18 month before splitting each lot thus doubling the amount of lots in a subdivision without having to pay the platting impact fee. It also requires the owner to give more thought to land division before carving up their property.
For Homestead Lot Split / Agriculture Preservation Overlay (APO), and Exceptions, see Subdivision Regulation Amendments for Sections 3-302 and 3-303 respectively.
Commissioner Doll moved to receive the amended Comprehensive plan and table this item until further review and legal advice may be obtained. Commissioner Carpenter seconded the motion. Motion carried 3-0.
RESOLUTION 02-10—BUTLER COUNTY ZONING & SUBDIVISION REGULAITONS.
Todd Kennemer, Planning & Development Department Director presented to the Board for consideration resolution #02-10 amending the Butler County Zoning & Subdivision Regulations
Commissioner Doll moved to table this item for a later date. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Jay Newton, Administrator presented to the Commissioner 2 different resolutions, one, leaving the districts the same, the other moving Fairmont Township from District one to District 3.
Commissioner Shriver moved to adopted resolution #02-11 leaving the Districts as they are now and authorize the Board to sign & to be reviewed in January 2003. Commissioner Carpenter seconded the motion. Motion passed 3-0.
Chuck McGuire, Community Corrections Director presented to the Board a request to solicit bids for 2 vehicles.
Commissioner Shriver moved to accept the request to solicit bids for 2 vehicles and bids to be opened March 19, 2002 at 9:30 a.m. Commissioner Carpenter seconded the motion. Motion carried 3-0
Carol A. Borger, Health Department Administrator, presented for signature the Grant Applications to KDHE for SFY 2003,
Commissioner Shriver moved to authorize the Chairman to sign the Grant Applications to KDHE, for the Butler County Health Department. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Carol A. Borger, Health Department Administrator presented to the Board a new price list for immunizations. This would include a decrease cost of Dtap/Hib combination and HBV/Hib Comvax immunizations from $15.00 to $10.00. It is also recommend the Board approve the Health Department to charge $5.00 administration fee above the cost of the Hepatitis A vaccine.
Commissioner Carpenter moved to approve the combination Dtap/Hib and HBV/Hib Comvax immunizations from $15.00 to $10.00, and allow the Health Department to charge $5.00 administration fee above the cost of the Hepatitis A vaccine. Commissioner Shriver seconded the motion. Motion carried 3-0.
Commissioner Shriver moved to go into Executive Session at 10:25 a.m. and return at
10:45 a.m. to discuss matters of non-elected personnel with Sheriff Stan Cox. Commissioner Doll seconded the motion. Motion Carried 3-0.
The Commission reconvened at 10:48 a.m.
Grant Helfrich, Director of the Butler County EMS, presented the Board to review and consider write-off’s and discuss write-off’s for indigent patients under protective custody.
Commissioner Shriver made the motion to approve the write-offs for the EMS Department in the amount of $3,250.54. Commissioner Carpenter seconded the motion. Motion passed 3-0.
Commissioner Shriver asked Mr. Helfrich to write up a recommendation for indigent patients under protective custody and have Mr. Manley review and bring back to the Board.
Jay Newton, Administrator presented to the Board for approval of CMB license 111 to Morgan Enterprises, (dba) Shady Creek Marina.
Commissioner Shriver moved to approve CMB license 111 to Morgan Enterprises, (dba) Shady Creek Marina. Commissioner Carpenter seconded the motion.
Motion carried 3-0.
Darryl Lutz, P.E., Director of Public Works, came to the Board for approval of
RWD #8 water line relocation costs for the US-54/Santa Fe Lake Rd. Project. The reconstruction of this intersection requires that this line be moved.
Commissioner Shriver moved to approve the cost of relocating RWD #8 water lines for the US-54/Santa Fe Rd project in the amount of $13,229.00 subject to additional costs for rock excavation, also RWD #5 in the amount of $23,891.39. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Carpenter; Jay Newton Administrator and Connie Rausch, Director of Department on Aging will be attending this meeting at the Kansas Cosmosphere and Space Center in Hutchinson.
FLINTHILLS SERVICES RE-APPOINTMENT
Commissioner Doll moved to re-appointment Kathleen Guy to represent District 1 on the Board of Director of Flinthills Services. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Carpenter will be attending the Tour of Butler meeting at the Beaumont Hotel, Beaumont, Kansas on Tuesday, March 19, 2002.
The Commission discussed views on being able to pay your taxes by credit card. The Board agreed it was a good idea, and needed further looking into.
Commissioner Shriver asked Mr. Newton to have a new map of the Townships with the assessed amounts and populations noted.
Commissioner Doll announced that a new County Administrator had been hired. Mr. William H. Johnson, Jr. Benton, Kansas. Mr. Johnson is a graduated of Circle High School in Towanda, Received his Bachelor Degree in Environmental Science from Friend’s University, Wichita and received his Masters of Public Administration from Wichita State University, Wichita. His present employer is the City of Wichita as the Operations supervisor for the Wastewater treatment facilities. Mr. Johnson will start April 1st.
Commissioner Shriver moved
to recess the regular meeting until noon and adjourn after the Department head
meeting. Commissioner Carpenter seconded the motion. Motion carried 3-0.