Meeting Information
Eudora City Hall
- Joint Study Session with Eudora City Council on Route 1061 Corridor Study (Keith Browning)
Johnson called meeting to order at 9:01 A.M. on Monday, December 15, 2003, with all members present. The Pledge of Allegiance was recited.
Jones moved approval of the minutes of August 25, November 24, and December 1, 2003. Motion was seconded by Johnson and carried unanimously.
CONSENT AGENDA 12-15-03
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5193, 5194, 5195, 5196, 5197, and 5198. Orders are on file in the office of the County Clerk;
- Approve Resolution No. 03-29 granting beer license to Wesley R. Kabler, d/b/a The Bird of Lawrence;
- Approve Resolution No. 03-30 granting beer license to Larry Stewart, d/b/a Gilded Cage;
- Approve Resolution No. 03-31 granting beer license to James Bigger, d/b/a Eudora Riverview Golf;
- Approve Resolution No. 03-32 granting beer license to Baldwin Junction Enterprises;
- Approve Resolution No. 03-33 granting beer license to Wesley R. Kabler, d/b/a Flamingo Catering;
- Authorize Notice to Townships for cereal malt beverage licenses to Willow Springs Township for Scott Zaremba, d/b/a Zarco #1 and Wesley R. Kabler, d/b/a Flamingo Catering; and Eudora Township for Larry Stewart, d/b/a Gilded Cage;
- Approve Occupational License for The Bird of Lawrence;
- Approve Occupational License for Little Reno, Inc., d/b/a Paradise Saloon; and
- Note receipt of fee reports for the month of November.
Motion was seconded by Johnson and carried unanimously.
PLANNING & RESOLUTIONS 12-15-03
The Board discussed a joint ordinance/resolution to amend Horizon 2020 -- Major Thoroughfares Map. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Johnson noted an error on the map, specifically the marking of E 1650 Road which marks a principal arterial. Jones stated he would like additional information from Planning Staff as to what the strategy is for filling out the lines south of the Wakarusa in the Urban Growth Area. Jones then made a motion to approve Resolution No. 03-34, a joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" pursuant to K.S.A. 12-747, by adopting amendments updating the maps -- Figure 14 -- Future Street Classification and Function Map, City of Lawrence and Figure 15 -- Future Road Classification and Function Map, Douglas County contained in Chapter Eight -- Transportation of "Horizon 2020." Jones also noted that as part of his motion he would like to direct Planning Staff to provide a memo to the County Commission no later than January 7, 2004, providing more detail of where the arterials are going to be within the Urban Growth Area. Motion was seconded by Johnson and carried unanimously.
PLANNING & RESOLUTIONS 12-15-03
Jones made a motion to approve Resolution No. 03-35, a joint Ordinance/Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" pursuant to K.S.A. 12-747, by adopting amendments updating the map of the Urban Grown Boundaries in Chapter Three -- Plan Overview and updating text in Chapter Four -- Growth Management of "Horizon 2020." Johnson seconded and the motion carried unanimously.
PLANNING 12-15-03
The Board discussed TA-09-03-03: Text Amendments to Chapter 21 (Subdivision Regulations) of the City Code to add to preliminary plat review criteria for evaluating water/wastewater capacity and to establish a one-mile service area standard for neighborhood parks. Brad Hauschild, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. It was the consensus of the Board to schedule a work session for further discussion. No action was taken.
PLANNING 12-15-03
The Board considered Item No. 5A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated November 19, 2003. This item is Z-10-32-03: A request to rezone a tract of land approximately 11.228 acres from A (Agricultural) District to I-3 (Heavy Industrial) District. The property is generally described as being located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Submitted by Landplan Engineering, P.A. for Stephen E. Glass, President, LRM Industries, Inc., property owner of record. Jeff Tully, 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. While the surrounding land uses represent a variety of use types, the land use pattern is shifting from agricultural to industrial uses.
Character of the area. Rezoning this property for industrial uses is compatible with the character of the area. Figure 9 -- "Lawrence Urban Growth Area Service Areas & Future Land Use" map identifies the subject property as part of a larger land area appropriate for industrial uses.
Suitability of subject property for the uses to which it has been restricted. Based upon the Soil Survey and the current use of the property, it appears to be highly suitable for the use to which it has been restricted. Based upon its proximity to other industrial uses, this property also appears to be suitable for industrial development.
Length of time subject property has remained vacant as zoned. This property has been zoned for agricultural use since 1966 when the County adopted zoning regulations for the unincorporated areas of the County. It is developed with a single-family residence.
Extent to which removal of restrictions will detrimentally affect nearby property. It is not anticipated that rezoning this property for industrial use will have an adverse effect on the properties to the north or west. Introduction of an industrial use will require buffering from the adjoining residential and agricultural land uses along the east and south sides of the subject property. Buffering and other safeguards (i.e., greater setbacks, screening and landscaping, drainage, erosion control) from adjoining properties can be appropriately required at the platting and site planning stages of development.
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. Rezoning this property to allow for industrial development will not negatively affect the public health, safety or welfare. Impacts to the property to the east and south may be mitigated through greater setbacks, and landscaping and/or screening required at the platting and site planning stages of development.
Conformance with The Comprehensive Plan. The proposed request is generally consistent with the City and County Comprehensive Plan, Horizon 2020. A parcel of land will be removed from agricultural uses. However, it is within the Urban Growth Area of the City of Lawrence and will not significantly alter the pattern of land uses anticipated and recommended by the Plan along East 25th Street (N 1360 Road), which consists primarily of industrial uses.
AND subject to the following condition:
- Approval and filing of a Final Plat for the property.
Tully noted the filing of a valid Protest Petition which requires the unanimous approval of the CUP by the County Commission.
Todd Thompson, attorney for the applicant, explained the circumstances surrounding the current proposal. LRM Industries was being forced to relocate their existing asphalt and concrete recycling facility because KDOT had acquired the property for extension of the SLT. The existing facility was originally given permission to retain its current location until December 2003. This permission was later extended to June 30, 2004. Thompson summarized the locational criteria that had been used when trying to choose a replacement site:
Near paved road
Minimum of 10-15 acres
Screened by topography and existing, mature vegetation
Close to LRM's existing facility on Highway K-10
Thompson explained that the residents/owners of the only occupied residence near the subject property, Russell & Juanita Bailey, had been willing to negotiate for the purchase of their property, but so far no agreement had been reached. One offer had been for 150% of the appraised value of the residence, but the offer was declined.
Thompson also raised concerns about the validity of the Protest Petition. The signature of Richard D. Ray on the Protest Petition d s not appear to match the signature on the Kansas Quit-Claim Deed.
Jane Eldredge, attorney for Russell & Juanita Bailey, conducted a brief presentation noting that the Baileys had built their home forty-three (43) years ago.
Jones stated he could vote either way. He encouraged the applicants to work out a deal with the Baileys.
Johnson stated that he had hoped negotiations would have worked and believed that approving the rezoning request would be the right thing to do. It is a better use for the community at large.
Jones suggested that this item be tabled for one (1) week to allow further negotiations. No action was taken.
At 11:00 A.M., Jones made a motion that the Board recess to go into executive session until 11:30 A.M. with Mike Wildgen, Lawrence City Manager; Dave Corliss, Assistant City Manager; David Dunfield, City Mayor; Sue Hack, City Commissioner; Jim Roberts, Chair, ECO2; Evan Ice, County Counselor; and Craig Weinaug, County Administrator, to discuss possible land acquisition. Motion was seconded by McElhaney and carried unanimously. At 11:28 A.M., Jones made a motion to extend the executive session until 11:40 A.M., seconded by Johnson and carried unanimously. The Board returned to regular session at 11:35 A.M. No action was taken.
ZONING & RESOLUTIONS 12-15-03
The Board considered approval of a Home Rule Resolution placing a temporary moratorium on construction of communication towers less than 100 feet. Craig Weinaug, County Administrator, explained that the current zoning regulations require a Conditional Use Permit for the construction of towers of a height of 100 feet or more from the ground or a height of 40 feet or more if mounted on a building or other structure. Weinaug stated that a number of communications towers have recently been constructed in the unincorporated areas of Douglas County at heights of slightly less than 100 feet. After discussion, Jones made a motion to approve Home Rule Resolution No. HR-03-12-6 providing for the temporary prohibition on the issuance of permits for the construction or place ment of radio, television, telecommunication, microwave, and similar communications towers. Motion was seconded by McElhaney and carried unanimously.
BUDGET 12-15-03
The Board conducted a public hearing for the purpose of hearing and answering objection of taxpayers relating to the proposed amended use of funds to the 2003 Douglas County Budget. McElhaney made a motion to close the public hearing. Jones seconded and the motion carried unanimously. McElhaney then made a motion to amend the 2003 budget as follows:
Fund
2003 Budget Expenditures
2003 Amended Budget
General Fund
$26,602,240
$27,350,000
Special Auto Fee
$429,033
$450,000
Grants
$0
$300,000
Special Law Enforcement Trust
$0
$50,000
Totals
$27,031,273
$28,150,000
Motion was seconded by Jones and carried unanimously.
ACCOUNTS PAYABLE 12-15-03
Jones moved approval of accounts payable in the amount of $288,351.21 to be paid 12/15/03; accounts payable manual checks in the amounts of $3,027.04 and $3,546.24; payroll in the amount of $600,905.21; and electronic funds transfers in the amounts of $43,820.14 for FICA and $31,198.70 for KPERS. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENTS 12-15-03
Jones made a motion to appoint Marsha Goff, 1877 N 1000 Road, Lawrence, KS, to the Jayhawk Area Agency on Aging Tri-County Advisory Council, for a 3-year term which shall expire September 30, 2006. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENTS 12-15-03
McElhaney made a motion to appoint Melissa Boisen, 3728 Overland Court, Lawrence, KS to the Community Corrections Advisory Board for a two-year term which shall expire December 31, 2005. Motion was seconded by Jones and carried unanimously.
INDUSTRIAL PARKS & RESOLUTIONS 12-15-03
Johnson made a motion to approve Resolution No. 03-36, a Joint Resolution of the City of Lawrence, Kansas and Douglas County, Kansas concerning the identification and establishment of future business parks in Lawrence and Douglas County. Motion was seconded by Jones and carried unanimously.
Jones moved for adjournment; Johnson seconded and the motion carried unanimously.
_______________________________ ________________________________
Bob Johnson, Chair Jere McElhaney, Member
ATTEST:
_______________________________ ________________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date