Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of providing KDOT with Authority to Award Contract/
Commitment of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />County Funds for Project No. 23 C-3890-01, the replacement of the
Route 1055 bridge near the Cedar Hill Gun Club (Keith Browning)
(c) Consider approval of resolution accepting maintenance for roads within Raeta
Subdivision (Keith Browning)
(d) Consider approval of resolution accepting maintenance for N 1928 Road within
Beaver Creek Estates Subdivision (Keith Browning)
REGULAR AGENDA
(2) Planning Items:
(a) CUP-12-08-05 - Conditional Use Permit request for a well house remodel for Osage Rural Water District #5. The property is generally described as being located at 143 N 200 Road and contains .11 acre. Submitted by Jagger Swisher, applicant, for Osage Rural Water District #5, property owner of record. (Sandra DayJohnson called the meeting to order at 6:37 P.M. on Wednesday, March 15, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.
CONSENT AGENDA 03-15-06
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 06-125 and 06-126. Orders are on file in the office of the County Clerk;
- Approve Authority to Award Contract/Commitment of County Funds for Project No. 23 C-3890-01, the replacement of the Route 1055 Bridge near the Cedar Hill Gun Club and approach roadway grading;
- Pull the item "Consider approval of resolution accepting maintenance for roads within Raeta Subdivision" for discussion; and
- Pull the item "Consider approval of resolution accepting maintenance for N 1928 Road within Beaver Creek Estates Subdivision" for discussion.
Motion was seconded by Johnson and carried.
PUBLIC WORKS, TOWNSHIPS & RESOLUTIONS 03-15-06
The Board discussed acceptance of maintenance of roads within subdivisions. Jones noted that assessed valuation g s up when roads are paved which means the township receives more money. However, when the roads are accepted by the County for maintenance, the township d s less work. Jones requested that staff draft a policy statement stating that when roads are turned over to the County for maintenance, the township must also turn over the revenue stream.
Johnson stated that he didn't want to send the message that the eventual acceptance of these roads was at risk, but the monies should be received by the entity that will be doing the maintenance.
No action was taken.
PLANNING 03-15-06
The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 22, 2006. This item is CUP-12-09-05: Conditional Use Permit request for Stony Point Hall, a reception center. The property is generally described as being located at 1514 N 600 Road and contains 13.98 acres. Submitted by Russell and Lucretia Carlson, property owners 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 recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The property is located on the north side of N 600 Road approximately 2.5 miles east of Highway 59 (E 1250 Road). The area is zoned for agricultural use. It is developed with a rural residence and multiple accessory buildings. The surrounding area is also zoned for agricultural use.
Character of the area. The character of the area is agricultural and includes both pasture land and densely wood area throughout the surround area.
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 13.9 acre property was developed with a single-family home and multiple accessory buildings. The proposed building was initially constructed as a commercial/industrial machine shop operation under a previous owner according to building permit records. Final inspections were not completed pending additional information and documentation. Use of the building for public occupancy will be subject to approval of building and inspection and may require upgrade of the electronic and mechanical systems subject to County Building Code requirements.
Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide for the applicant to operate a recreational facility. The existing driveway will be shared with the residence on the property and is recommended for widening by the County Engineer.
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 subject property neither directly benefits the community nor harms the public health, safety and welfare. The underlying A (Agricultural) zoning district is unchanged. This specific request is for the conversion of an existing accessory structure for a private recreation facility.
Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of commercial type uses and limited expansion of existing commercial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is consistent with The Comprehensive Plan.
AND subject to the following conditions:
- Provision of a revised site plan to include the following notes:
a. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2011).
b. The permit will expire at the end of 10 years (Calendar Year 2016), unless an application for renewal is approved by the local governing body.
c. Use of building is subject to building code and occupancy permits as applicable per the County Building Code.
d. The supply of water and the disposal of the sewage shall be subject to the approval of the County Health Department prior to operation.
e. Revised driveway width to a minimum 18'.
f. Events limited to not exceed two days per week.
g. Music shall stop by midnight and customers shall depart by 1:00 A.M. - Provision of a revised driveway area to provide a minimum of 35' off- street parking spaces.
- Approval of a driveway permit from the County Public Works Department.
- The provision of an inspection report by the Lawrence-Douglas County Health Department prior to the site plan being released to the County Zoning Administrator for approval.
- The provision of construction and building permit applications for the renovation of the existing building for a reception hall/meeting space.
Keith Dabney, Director of Zoning and Codes, stated that his office is having problems with existing structures meeting the requirements for the use of their proposals. Applicants fail to research the implications of bringing a building up to the code requirements before they apply for a CUP and often find it is cost prohibitive. Dabney also pointed out that the previous owner was cited for using the building without a CUP.
Jones asked whether applicants actually spent the money to bring the buildings up to code or if they typically abandoned the projects.
Dabney stated that some did spend the money, some abandoned their projects, and there are a few that are in litigation. Dabney added that the issue for him is even though the condition is required, there are problems in terms of enforcement of that condition.
Jones questioned whether the issue could be addressed more effectively by requiring applicants to meet with the Zoning Office early on in the process.
Day noted that it might be possible to have some sort of report or evaluation from Zoning prior to the application of a CUP.
Johnson stated he wanted to be sure that wh ver is applying for this adaptive use of a building understands the economic consequences of adapting the building.
Jones suggested that there ought to be some evidence that the applicant has discussed the project with Zoning.
Day pointed out that in order to make it mandatory, there would need to be a text amendment to the County Code.
The applicants indicated they were aware of the costs associated with bringing their building up to code.
Jones stated he didn't think this would apply to this application, but from this point forward, there should be a mandatory requirement that applicants meet with the Zoning Office prior to submission of an application for a CUP.
Jones then made a motion to approve CUP-12-09-05 subject to the above conditions. Motion was seconded by Johnson and carried.
PLANNING 03-15-06
The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 16, 2006. This item is CUP-12-08-05: Conditional Use Permit request for a well house remodel for Osage Rural Water District #5. The property is generally described as being located at 143 N 200 Road and contains .11 acre. Submitted by Jagger Swisher, applicant, for Osage Rural Water District #5, 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 on the following Findings of Fact:
Zoning and uses of property nearby. The property is located in the southwest portion of Douglas County on the south side of N 200 Road. The small parcel is owned by RWD #5, Osage County. The surrounding land is zoned and used for agricultural activities including scattered rural residences.
Character of the area. The general area is agricultural and characterized by large rural parcels used for crop and or pasture areas.
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 property is very small and used as part of the rural water district's supply/treatment network for rural customers. The proposed change will not alter the usability of the property for an accessory rural use. The size of the property prohibits use of the property for residential purposes.
Length of time subject property has remained vacant as zoned. The subject property is developed with equipment and apparatus related to the provision of a public supply of water per Rural Water District No. 5, Osage County. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will allow the applicant to improve the building per minimum State requirements. Detrimental impacts are not anticipated by the continuation of the use or the allowance of the proposed building repairs.
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 Conditional Use Permit will facilitate improvements to the provision of a rural water district utility. Staff concurs with the applicant's statement that the benefit will result in "better water quality and less down time" to customers. The underlying "A" (Agricultural) zoning district is unchanged.
Conformance with The Comprehensive Plan. The proposed request is consistent with the recommendation to emphasize improvements and quality of service.
AND subject to the following condition:
- Provision of a County building permit.
Jones made a motion to approve CUP-12-08-05; motion was seconded by Johnson and carried.
PUBLIC WORKS & AGREEMENTS 03-15-06
The Board discussed bids received for the supply of asphaltic concrete material for use during the 2006 road maintenance season. After discussion, Johnson made a motion to approve the contract with LRM Industries, Inc., Lawrence, KS to supply 5,001 tons to 8,000 tons of BM-2 asphaltic concrete at the unit price of $33.25 per ton, and approve the contract with Asphalt Sales, Lawrence, KS to supply 1,000-5,000 tons of BM-2 at the unit price of $37.00 per ton. Motion was seconded by Jones and carried.
OUT-DISTRICT COLLEGE TUITION STATEMENTS 03-15-06
Jones moved approval of the nine (9) Out-District College Tuition Statements in the amount of $5,937. Motion was seconded by Johnson and carried.
ACCOUNTS PAYABLE 03-15-06
Johnson moved approval of accounts payable in the amounts of $179,700.04 to be paid 03/13/06 and $234,221.09 to be paid 03/20/06; and accounts payable manual checks in the amount of $442.35. Motion was seconded by Jones and carried.
RESOLUTIONS 03-15-06
Jones made a motion to approve Resolution No. 06-11 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. Motion was seconded by Johnson and carried.
Jones made a motion to adjourn; Johnson seconded and the motion carried.
_____________________________ _____________________________
Bob Johnson, Chairman Charles Jones, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date