Meeting Information
- Convene
- Pledge of Allegiance
- Consider approval of minutes of November 10 and 12, 2003
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Items:
(a) Discussion of proposal to permit cluster development in the subdivision regulations (Finger and Ziesenis)
(b) Reconsideration of TA-05-02-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats to include all contiguous land under the same ownership. (Bryan Dyer)
(c) Receive the 6th Street & K-10 Nodal Plan (Bryan Dyer)
(d) CUP-09-06-03: Conditional Use Permit request for Prairie Elf Christmas Trees to allow for retail sales of ancillary seasonal and holiday products during the Christmas holiday season (Paul Patterson)
(e) CUP-09-07-03: Conditional Use Permit request for Kaw Daycare (child daycare facility at the old Bishop Seabury Academy) (Paul Patterson)
(f) Consider approval of the revised Bylaws for the Bicycle Advisory Committee to expand representation to include Douglas County and appoint one committee member to the advisory body (Bill Ahrens)
(3) Consider proposal from United Way Board to revise Valley View Building lease
(4) Discuss draft letter to KDHE with regard to Farmland (Charles Jones)
(5) Consider approval of Home Rule Resolution imposing term limits to boards and commissions to which the Board appoints members (Craig Weinaug)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Executive Session to consult with attorney
(8) Adjourn
Johnson called meeting to order at 8:40 A.M. on Monday, November 17, 2003 with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of the minutes of November 10 and November 12, 2003; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 11-17-03
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5172. Order is on file in the office of the County Clerk.
Motion was seconded by McElhaney and carried unanimously.
PLANNING 11-17-03
The Board discussed a proposal to permit cluster development in the subdivision regulations. Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, and Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. It was the consensus of the Board to schedule a study session with the City Commission. No action was taken.
PLANNING 11-17-03
TA-05-02-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats to include all contiguous land under the same ownership. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Dyer explained that it has been Planning staff's interpretation of Article 5 -- Building and Occupancy Permits of the Subdivision Regulations, that building permits can not be issued for development proposed on a tract of land. The reason for this is staff's interpretation that a "tract" of land is an area of land within a platted subdivision that is set aside for a public or private use that d s not include the development of above ground structures. For example, tracts have been dedicated on plats as: an area of land dedicated for pedestrian or road easement, open space, or drainage easement purposes. Dedication of a tract for private purposes is accompanied on a plat by a statement as to how it will be maintained. An area of land platted for the purpose of development with one or multiple structures and is considered to be a "lot." A building permit can be issued and is generally required to be issued for construction on a lot. This is an area of staff interpretation and not law.
Planning staff is requesting initiation of a text amendment to the definition section of the Subdivision Regulations that codifies into law staff's interpretation of the definition of a "tract" as "A division of property within a platted subdivision, which may or may not be dedicated to the public for an expressed purpose of use such as pedestrian way, drainage easement, open space, green space setback, or a similar restrictive use that is not created for a purpose which would require the issuance of a building permit or construction of a structure on the land." Dyer pointed out that this proposed text amendment and definition will not change how building permits are issued in the City or County. It is intended to clarify staff's interpretation of Article 5 in the Subdivision Regulations.
Johnson stated that this had been discussed by the Board approximately one (1) year ago and Phil Struble raised concerns about this requirement being a burden, particularly for industrial land. This amendment would require replatting every time there is a land or lot sale. It was the consensus of the Board to approve this joint ordinance/resolution adopting the text amendment. However, staff was directed to contact Mr. Struble for further input before placing it on the Consent Agenda at a later date.
PLANNING 11-17-03
Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the Nodal Plan for 6th Street and K-10. Dyer noted this is a Plan that was prepared in response to the City Commission. The City Commission has approved the Plan and is being presented to the County Commission for informational purposes.
Sue Morgan, Church Business Administrator for First United Methodist Church, expressed frustrations with participation in this process. First United Methodist Church owns property within the current Urban Growth Area, but outside the City limits. Their property is located on the southwest corner of the intersection of 6thStreet and K-10 and the church plans to build on their property. Morgan stated their main concern is with language in the Plan stating that "no building permits be issued for the northwest, southwest and northeast corners of the plan."
Dyer stated that the intent is that this plan be implemented as properties come into the City of Lawrence.
It was the consensus of the Board to schedule a work session with the City Commission. No action was taken.
PLANNING 11-17-03
The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 22, 2003. This item is CUP-09-06-03: A Conditional Use Permit request for Prairie Elf Christmas Trees to allow for retail sales of ancillary seasonal and holiday products during the Christmas holiday season. The "choose and cut your own" Christmas tree farm is on 12.2 acres. The property is located at 765 E 750 Road. Submitted by Jeffrey O. and Kathleen L. Heeb, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. Surrounding zoning includes A (Agricultural) on all sides. Surrounding uses are agricultural.
Character of the area. The character of the area is rural agricultural and the site is physically isolated from other agricultural residences.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural and other product sales.
Length of time subject property has remained vacant as zoned. The subject property is developed with the Prairie Elf Christmas Tree Farm business. Agricultural sales operation has existed for the past four years on the property. The property has been zoned A (Agricultural) District since 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request d s not alter the base-zoning district. The current request is for a Conditional Use Permit to allow the continued operation of the retail agricultural sales along with the proposed sale of ancillary products. Traffic and noise impacts associated with the use have existed in the area for four years. Traffic intensity will not be altered with the approval of the Conditional Use Permit.
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 up on the individual landowners. The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.
Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the goals and policies in Horizon 2020. A Conditional Use Permit can be used to allow limited commercial and industrial expan sion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area.
AND subject to the following conditions:
- Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in November 2008. The CUP will expire in November 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP";
- Provision of revisions to the plan, to include:
a. Legal description of property;
b. Property dimensions
c. Dimensions of buildings to property lines;
d. Show public roads N 766 and E 750; and
e. Show correct scale. - Types of goods shall be limited to agricultural and/or (Christmas) holiday-related items;
- Use may operate from one week prior to Thanksgiving until two weeks after Christmas; and
- Applicant must show and provide 4 parking spaces with all-weather surfacing.
A motion was made by McElhaney to approve CUP-09-06-03 based upon the above Findings of Fact and subject to the above Conditions; Jones seconded and the motion carried unanimously.
PLANNING 11-17-03
The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 22, 2003. This item is CUP-09-07-03: A Conditional Use Permit request for Kaw Daycare (child daycare facility at the old Bishop Seabury Academy). The property is located at 1411 E 1850 Road. Submitted by Landplan Engineering, P.A., for Victor Shenouda, applicant, and Michael and Connie Cook, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
FINDINGS OF FACT
Zoning and uses of property nearby. The subject property is zoned A (Agricultural). Adjacent properties are zoned VC (Valley Channel) and A (Agricultural). Uses of property nearby are rural residential dwellings, orchard product sales, and agriculture crop production.
Character of the area. The 5 acre property is located approximately 300' north of Douglas County Route 442 (N 1400) Road on the west side of E 1850 Road. The property is developed with the former Bishop Seabury Academy School buildings. There are rural residential dwellings located in the immediate area. The subject property is located in an area that has predominately agricultural uses, including a small orchard immediate south of this subject site, and extensive row-crops in the area.
Suitability of subject property for the uses to which it has been restricted. The subject site is suited for the uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since a rezoning in 1997. Prior to that time, the property was zoned Valley Channel (VC) from the adoption of the Zoning Regulations for the unincorporated portions of Douglas County in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. In staff's opinion, approval of a Conditional Use Permit request to allow for a child care center at this site will not detrimentally affect nearby properties, as until recently this property was used as a school by the Bishop Seabury Academy.
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. Approval of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.
Conformance with The Comprehensive Plan. The Plan d s not directly address the issue of special use permits or Conditional Use Permits. However, the philosophy supported in Horizon 2020 with regard to public and semi-public facilities, including child care centers, is consistent with the applicant's desire to convert the existing school complex into a child care center. The site plan should appropriately integrate the use with the surrounding agricultural uses.
AND subject to the following conditions:
- Provision of a copy of the approved license from the Douglas County Health Department prior to operation of the child care facility;
- Provision of a revised plan to include:
a. The specific operating plan including hours of operation and number of children served;
b. Show only the existing mobile classrooms;
c. Delete the wording "Overflow parking 30 stalls";
d. Delete the wording "Existing lateral fields to be removed" if they will stay as is;
e. Number of parking spaces labeled needs to correspond to the number of parking spaces listed;
f. Label the ADA parking spaces; and
g. Change the description of building uses to match the intended child care use. - Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in November 2008. The CUP will expire in November 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP"; and
- Fencing shall be added along the west and south property lines of a height and material appropriate to its purpose of creating an enclosed play area.
McElhaney made a motion to approve CUP-09-07-03 based upon the above Findings of Fact and subject to the above conditions with the additional condition that the hours of operation be within the parameters of 5:00 A.M. and 7:00 P.M. Motion was seconded by Jones and carried unanimously.
PLANNING 11-17-03
Brad Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the revised By-laws for the Bicycle Advisory Committee (BAC). Ahrens explained that this Committee is currently structured as a City advisory committee. Several years members of the BAC and others in the bicycling community thought it would be a good idea to become a joint City/County committee. Both City and County Commissions were given presentations approximately one (1) year ago. Both bodies agreed that it was a good idea. The City attorney was then consulted who suggested that the BAC develop revised bylaws to restructure themselves. The revised bylaws were taken to the City Commission by resolution on October 14, and are coming to the County Commission today with the revised bylaws. Eric Struckhoff, representing the BAC, was also present for the discussion. Johnson stated he personally thought the County Commission should have two (2) representatives, one of whom should be from the Traffic Safety Advisory Committee and one should be a county at-large resident. Johnson then made a motion to approve the revised By-laws for the Bicycle Advisory Committee with the revision in Section 6 of Article II stating "the County Commission will appoint two (2) members to represent the County." Jones seconded and the motion carried unanimously.
AGREEMENTS & UNITED WAY 11-17-03
Jones made a motion to authorize the revision of the Lease Agreement with The United Way for the Valley View building. Motion was seconded by Johnson and carried unanimously.
MISCELLANEOUS 11-17-03
The Board consider approval of a letter to the Kansas Department of Health and Environment regarding the 467 acre Farmland site located north of Highway 10 and east of the City of Lawrence. Farmland is currently undergoing bankruptcy proceedings and will dissolve as a corporate entity in the near future. The Board is concerned with protecting the taxpayers from any liability associated with the protracted cleanup of contamination at the site. Johnson made a motion to approve the letter; McElhaney seconded and the motion carried unanimously.
RESOLUTIONS & APPOINTMENTS 11-17-03
The Board discussed a Home Resolution which would impose term limits to boards and commissions to which the Board appoints members. Staff was directed to send a copy of the proposed resolution to each of the boards where the County has appointees and ask for input. No action was taken.
ACCOUNTS PAYABLE 11-17-03
McElhaney moved approval of accounts payable in the amount of $164,315.24 to be paid 11/17/03; accounts payable manual checks in the amount of $3,027.04; DA longevity payroll in the amount of $8,500; maximum vacation payroll in the amount of $42,184.05; electronic funds transfers in the amounts of $497.20 for FICA and $230.29 for KPERS; payroll in the amount of $553,392.18; and electronic funds transfers in the amounts of $40,525.34 for FICA and $28,007.65 for KPERS to be paid 11/14/03. Jones seconded and the motion carried unanimously.
At 11:00 A.M., McElhaney made a motion that the Board recess to go into executive session until 12:00 P.M. with Rick Trapp, Sheriff; Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services; to discuss potential litigation. The Board returned to regular session at 11:55 A.M. No action was taken.
Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.
_______________________________ ________________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_______________________________ ________________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date