Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Notice to Townships (Patty Jaimes)
(c) Consider approval of bankruptcy settlement with K-Mart Corporation
REGULAR AGENDA
(2) Planning Items:
(a) Z-10-32-03: 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)
(b) SP-10-66-03: A site plan for a proposed asphalt and concrete recycling facility located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Submitted by Landplan Engineering, P.A. for LRM Industries, Inc., property owner of record. (Jeff Tully)
(3) Discuss Monday County Commission meeting time (Jere McElhaney)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
DECEMBER 22, 2003
Johnson called the meeting to order at 9:05 A.M. on Monday, December 22, 2003. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 12-22-03
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 5199, 5200 and 5201. Orders are on file in the office of the County Clerk;
- Approve Notice to Townships for cereal malt beverage licenses to Grant Township for Midland Farm Store and Kanwaka Township for Clinton Cove Mini Mart;
- Approve Bankruptcy Settlement Agreements between the Board of County Commissioners of Douglas County, Kansas and K-mart Corporation.
Motion was seconded by McElhaney and carried unanimously.
PLANNING 12-22-03
On December 15, 2003, the Board considered approval of a request to rezone a tract of land approximately 11.228 acres from A (Agricultural) District to I-3 (Heavy Industrial) District (Z-10-32-03). The property is generally described as being located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Jeff Tully, staff member of the Lawrence-Douglas County Planning Department, was present for the discussion. This item was tabled in order to give the parties an opportunity to reach an agreement since a Protest Petition had been filed. Steve Glass, President, LRM Industries, Inc. and Russell Bailey, property owner protesting the rezoning request, stated that the parties were unable to reach an agreement. A motion was made by Johnson, seconded by McElhaney and carried unanimously to approve the rezoning request based upon the following Findings of Fact:
FINDINGS OF FACT:
Zoning and uses of property nearby. While the surrounding land uses repre sent 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.
PLANNING 12-22-03
The Board considered SP-10-66-03: A site plan for a proposed asphalt and concrete recycling facility located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Jeff Tulley, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. After discussion, Jones made a motion to approve SP-10-66-03 subject to the following conditions:
- Provision of a revised site plan to include:
a. Note on the face of the site plan that states, "Property owner will request annexation into the City of Lawrence within 6 months of the completion and acceptance of the sanitary sewer system to be created by the East Hills South Sanitary Sewer Benefit District."
b. Note on the face of the site plan that states, "Property owner will sign an agreement not to protest formation of future benefit districts for street improvements when the property is annexed into the City of Lawrence."
c. Note on the face of the site plan that states, "The proposed activity to burn tree, brush and clean wood waste on-site will be subject to the Kansas Department of Health and Environment's (KDHE) regulations for construction permits and approvals (K.A.R. 28-19- 300 through 304). KDHE will require the property owner to con struct an Air Curtain Destructor or other emission control for partic ulate matter emissions."
d. Minimum front and side yard setback of 40 feet for property lines that adjoin residential uses. The 40' setback will consist of a 20' utility easement from property line extending to a 20' landscape easement.
e. Note on the face of the site plan that states, "incidental sale of materials are accessory to the principal use."
f. Note on the face of the site plan that states, "The burn pit is a future use and will not be constructed until such time as the exist ing burn pit at 1101 E. 31st Street can no longer be utilized. - Site plan will not be released for issuance of permits by the Zoning Administrator until the final plat has been recorded at the Register of Deeds office.
- "No Truck" signs and speed limit signs be posted.
Motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 12-22-03
McElhaney requested the Board consider moving the Monday meeting time to the afternoon. Jones stated he would be willing to try it but would need a few weeks to adjust his schedule. Johnson was not opposed to changing the time, but noted concerns about the possibility of meetings lasting longer than the normal work day. Johnson made a motion that the Board meet on Mondays at 3:00 P.M. for a trial period of sixty (60) to ninety (90) days beginning February 2, 2004. Motion was seconded by McElhaney and carried unanimously.
PURCHASING & PUBLIC WORKS 12-22-03
The Board discussed bids received for the purchase of (1) Asphalt Paver and (1) Loader for Public Works Department. Jackie Waggoner, Purchasing Agent, explained that GW Keppel Co. provided the low bid for the Asphalt Paver at $189,604.00. This includes the trade in and a two year-extended warranty. Waggoner also explained that Road Builder provided the low bid for the Loader at $77,266.00. This also includes a trade in and a four year-extended warranty. Waggoner recommended approval of the low bids. Jones made a motion to accept the low bids as recommended. McElhaney seconded and the motion carried unanimously.
ACCOUNTS PAYABLE 12-22-03
Jones moved approval of accounts payable in the amount of $248,917.99 to be paid 12/22/03; accounts payable manual checks in the amount of $4,717.90 to be paid 12/15/03; and electronic funds transfers in the amounts of $197.72 for FICA, $131.96 for KPERS to be paid 12/17/03. McElhaney seconded and the motion carried unanimously.
APPOINTMENTS 12-22-03
The Board noted the resignation of Sue Pine from the Lawrence-Douglas County Metropolitan Planning Commission. Johnson agreed to contact Pine regarding the effective date of her resignation. The Board discussed qualifications of Pine's replacement. It is desired that this individual possess an agricultural background. It was the consensus of the Board to appoint Pine's replacement once her official resignation date has been set.
APPOINTMENTS 12-22-03
Johnson made a motion to appoint Clenece Hills to the Library Task Force, with a recommendation from Bruce Flanders, Director, Lawrence Public Library. This task force consists of individuals who will assist the Library Board and Library leadership with the development of a plan for expanding library services and the library facility. The task force will meet from January 2004-April 2004. Motion was seconded by McElhaney and carried unanimously.
RESOLUTIONS 12-22-03
Jones made a motion to authorize McElhaney to approve Resolution No. 03-37 granting a beer license to Zarco #1 and Resolution No. 03-38 reappointing the Special Deputy Coroner for the Seventh Judicial District for a one-year term; Johnson seconded and the motion carried unanimously. These resolutions were scheduled for the Board's approval on December 29, 2003. However, there will be no meeting on that date since a quorum would not be present.
Jones moved for adjournment; Johnson seconded and the motion carried unanimously.
____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date