Commission Board Meeting on Wed, February 16, 2005 - 6:35 PM


Meeting Information

-Convene

-Pledge of Allegiance

 

CONSENT AGENDA

(1) (a) Consider approval of Commission Orders

 

REGULAR AGENDA

(2) Consider bids for crushed rock for road and bridge maintenance (Keith Browning)

 

(3) Planning Item: Conditional Use Permit for Rural Water District #4 Pump Station. The property is located west of E 1700 Road north of N 500 Road. Submitted by Ponzer-Youngquist, P.A., for Douglas County Rural Water District No. 4, applicant. Katharine Kelley is the property owner of record. (Sandra Day)

 

(4) Commission discussion/comments regarding the Rural Planning Committee's Draft (7) - "Rural Planning and Development" (Sheila Stogsdill/Linda Finger)

 

(5) Other Business

      (a) Consider approval of Accounts Payable (if necessary)

(b) Appointments

(c) Miscellaneous

(d) Public Comment

 

Jones called the meeting to order at 6:36 P.M. on Wednesday, February 16, 2005 with all members present. The Pledge of Allegiance was recited.

CONSENT AGENDA 02-16-05
Johnson moved approval of the following Consent Agenda:

  • Approve Commissioners Order No. 5300. Order is on file in the Office of the County Clerk.

Motion was seconded by Jones and carried unanimously.

PUBLIC WORKS AND CONTRACTS 02-16-05
The Board discussed bids received for crushed rock aggregates used for road and bridge maintenance. Keith Browning, Director of Public Works/County Engineer, explained that two (2) bidders submitted bids for AB-3, SS-3 and Shot Rock aggregate. After discussion, Jones moved approval to accept the bid from Hunt Martin for the supply of AB-3, SS-3 and Shot Rock aggregate in the total amount of $99,125 broken down as follows:

   $24,750 for Zone 1 -- AB-3 (Lawrence quarry)
   $12,500 for Zone 2 -- AB-3 (Globe quarry)
   $18,000 for Zone 1 -- SS-3 (Lawrence quarry)
   $22,000 for Zone 2 -- SS-3 (Globe quarry)
   $9,375 for Zone 1 -- Shot Rock (Lawrence quarry)
   $12,500 for Zone 2 -- Shot Rock (Globe quarry)

Motion was seconded by Johnson and carried unanimously. It should be noted that these expenditures will be paid out of Road & Bridge Fund 201.

PLANNING 02-16-05
The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 2, 2005. This item is CUP-12-05-04: Conditional Use Permit for Rural Water District #4 Pump Station. The property is located west of E 1700 Road north of N 500 Road. Submitted by Ponzer-Youngquist, P.A., for Douglas County Rural Water District No. 4, applicant. Katharine Kelley is the property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:

Zoning and uses of property nearby. The subject property is located north of the City of Baldwin on the west side of E 1700 Road. The area is zoned for Agricultural uses and includes scattered rural residential homes along the county roads. A rural subdivision is located to the northeast of the subject property.

Character of the area. The subject site is a 40 acre tract with the utility located on the northeast corner. The surrounding area is agricultural in nature.

Suitability of subject property for the uses to which it has been restricted.The property is agriculturally zoned and undeveloped. Based on the zoning and land uses of adjoining property, the subject property is suited to the uses to which it has been restricted. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. This use is designated as a public utility and therefore requires the approval of a CUP. The subject property is located within proximity to the City of Baldwin but not in the immediate growth boundary.

Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.

Extent to which removal of restrictions will detrimentally affect nearby property. The development of this use on this site is not anticipated to detrimentally affect nearby property. The proposed utility will be replaced with an above ground pump facility within the existing lease area. The site includes an existing radio antenna that will remain. The proposed improvements will allow the Rural Water District to continue service to existing and future customers. Access to the site will be provided from the current driveway along E 1700 Road. The building will not be staffed.

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. Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The Rural Water District is requesting this Conditional Use Permit to make improvements to the existing facility that provide a public supply of water. This improvement will benefit the community by maintaining a quality of service to rural water customers.

Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.

AND subject to the following conditions:

 1. Provision of a revised site plan to show and note the proposed height of the building on the detail; and
 2. Provision of a revised site plan to show and note the height of the existing antenna.

Johnson moved approval of CUP-12-05-04 subject to the above conditions; motion was seconded by Jones and carried unanimously.

PLANNING & ZONING 02-16-05
The Board discussed Draft 7 of the Rural Planning Committee's Chapter 13 addition to Horizon 2020. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.

McElhaney questioned what problems had been identified that this chapter is written to address -- what is broken or needs to be fixed. He also asked who asked the Planning Commission to take on this study.

Johnson stated that he believed the direction came from the County Commission at the time of the Urban Growth Area (UGA) revision adoption, specifically in regard to water requirements along with a request to address the 5-acre exemption.

Jones stated he believed this was consistent with the Board's direction -- that city water be more available in the UGA.

The Board also discussed annexation policies, platting, agriculture and ag-related uses, water, home-based businesses and a Cost of Services Study. No action was taken.

ACCOUNTS PAYABLE 02-16-05
Johnson moved approval to authorize letters to the Douglas County Treasurer authorizing the Treasurer to credit the accounts of Bambino's in the amount of $88.44; and Kinko's in the amount of $177.55 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unanimously.

 Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.

 

_____________________________ _____________________________
Charles Jones, Chairman                      Bob Johnson, Member

ATTEST:

_____________________________ _____________________________
Jamie Shew, County Clerk                   Jere McElhaney, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA