Meeting Information
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />8:30 A.M. (Times listed below are tentative. Specific hearings may be held earlier or later than time specified)
8:30 A.M. Bert Nash (Issue: County Funding for WRAP program)
8:50 A.M. District Courts (Issues: 1) legal defense reimbursement rates, 2) juror
reimbursement rates; 3) addition of trial court clerk to Trustee that is not included
in recommended budget)
9:20 A.M. Fair (Issues: 1) Deletion of funding for crows nest and additional bleachers for
outdoor arena that is included in recommended budget; 2) deletion of County
support for Fair Board)
9:40 A.M. Emergency Management (Issue: Possible addition of emergency management
planner that is not included in recommended budget)
9:55 A.M. Health Care Access (Issue: whether to add $4,000 to recommended budget)
10:10 A.M. Economic Development (Issues: 1) Possible deletion of $75, 534 increase in
funding; 2) Discussion of strategic option to delete economic development
funding from the county)
10:30 A.M.Johnson called the meeting to order at 6:35 P.M. on Wednesday, July 5, 2006 with Bob Johnson and Charles Jones present. Jere McElhaney was absent.
Jones moved for approval of the minutes of June 28, 2006. Motion was seconded by Johnson and carried.
CONSENT AGENDA 07-05-06
Johnson moved for the approval of the following Consent Agenda.
- Approve Commissioners Order No. 06-161. Order is on file in
the office of the County Clerk. - Approve acquisition of easements for Project No. 2005-8; E 1300 Road; 100N to 150N between Douglas County, Kansas and Mary J. Traul Fennewald and Carl Alan Fennewald; and Douglas County, Kansas and Paul E. Persinger and Lutitia M. Persinger.
Motion was seconded by Jones and carried.
PLANNING 07-05-06
The Board considered the following Planning items:
Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 26, 2006. This item is TA-07-04-05: Consider Text Amendments to Article 12 of the City/County Subdivision Regulations; Chapter 21, of the Code of the City of Lawrence, that pertain to the enforcement and exceptions to building setbacks which are solely the result of a governmental taking for public right of way, easements or other governmental use. Initiated by the City Commission at their meeting on September 6, 2005; and
Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 17, 2006. This item is TA-01-01-06: Consideration of repeal or amendment of the 50' setback along W. 6th Street/US 40 between Monterey Way & Wakarusa Drive (Chapter 21, Article 12). Initiated by the City Commission on January 17, 2006.
Dan Warner, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Tim Herndon, representative for Landplan Engineering, requested that the issues be addressed separately.
TA-07-04-05 amends Chapter 21, Article 12, Section 21-1201, 21-1202, 21-1203, 21-1204, of the Code of the City of Lawrence, Kansas, 2003, are hereby amended to read as follows:
ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS
21-1201. BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.
Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Monterey Way: setback line of 50 feet.
21-1202.1. EXCEPTIONS.
(A) In the event that a governmental taking or acquisition for right of way, easement or other governmental use would reduce a setback that previously complied with this Article, that reduction in setback shall not be deemed to constitute a violation of this Article.
(B) Any non-conforming residential building or structure located within the 50 foot building and parking setback, which is damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation. The building or structure may not be rebuilt to a greater density than existed before the damage.
21-1202.2. APPEALS-SETBACKS.
Notwithstanding Article 8 of this Chapter, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals, provided that no appeal shall be required in the instance of the reduction in a setback resulting from a governmental taking or acquisition for right of way, easement or other governmental use, as provided in Section 21-1202. The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided. In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed.
21-1203. ENFORCEMENT.
No building or occupancy permit shall be issued for any new building within the plat approval jurisdiction of the City of Lawrence, or the unincorporated land in Douglas County, which fails to comply with the requirements of this Article.
SECTION II. Chapter 21, Article 12, Section 21-1205, of the Code of the City of Lawrence, Kansas, 2003, is hereby enacted to read as follows:
21-1205. INTERPRETATION
The provisions of this Article shall not be interpreted to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.
Jane Eldredge, attorney, asked for clarification on the text presented in the resolution recently adopted by the City of Lawrence as to what the official effective date would be. It was determined that the official effective date would be the date of publication of the Joint Ordinance/Resolution.
Jones moved approval of TA-07-04-05 as worded; Johnson seconded, and the motion carried.
Herndon requested the Board's approval of Item No. 8 (TA-01-01-06) as recommended by Planning Staff. It should be noted that the Planning Commission did not make a recommendation.
TA-01-01-06 proposes the following text amendment:
ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS
21-1202. BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.
(A) Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Wakarusa Drive and West Sixth Street from Monterey Way to Folks Road: setback line of 50 feet.
(B) Building setback limits on West Sixth Street between Wakarusa Drive and Folks Road shall be based upon the approved zoning for each tract.
Jones moved to approve both items as worded. Motion was seconded by Johnson and carried.
PUBLIC WORKS 07-05-06
The Board considered approval of Resolution Establishing Access Management Standards. Keith Browning, Director of Public Works, presented this item. Browning explained the proposed resolution establishes access management standards for all roadways in the unincorporated areas. Upon approval, the proposed resolution establishes (1) initial road classifications, (2) minimum road frontage requirements in order to obtain a building permit; (3) entrance spacing standards, (4) corner clearance standards, and (5) minimum public road spacing standards.
Section 9-508, covering the issuance of entrance permits on township maintained roads classified as Minor Collector or higher, has been revised to reflect the Board's discussion from the June 7th meeting. The specific provisions in Section 9-508 have not been discussed with the townships. Implementing this portion of the resolution will require some time and coordination between this department and the townships. It is not felt this should delay the Board's approving the resolution.
Discussion addressed the issue of roads per previous discussion. A 250-foot frontage is required per resolution to minimize the flag shaped lot. Johnson asked for investigation on frontage requirements, questioned whether the engineer has the right to determine if the access is unsafe. Johnson questioned if the engineer can deny access for certain use, but not for the property. Johnson commented on whether the owner can have some way to allow access to property from a different approach.
The commissioners deferred this item for further review.
ACCOUNTS PAYABLE 07-05-06
Johnson moved approval of accounts payable in the amount of $238,773.49 to be paid 07/03/2006 and Wire Transfer in the amount of $267,318.60 on 06/28/06. Jones seconded and the motion carried.
APPOINTMENTS 07-05-06
Johnson made the motion to appoint Nancy Espinosa, Lawrence, KS, to a 2-year term to expire July 5, 2008, to the vacant position on the Community Corrections Advisory Board. Motion was seconded by Jones.
Johnson made the motion to appoint Robert Rhoton, Lawrence, KS, to the ECO2 Commission for a 4-year term which shall expire on July 31, 2010. It should be noted Rhoton replaces Jim Roberts, who is retiring after his first term. Motion was seconded by Jones and carried unanimously.
Johnson made a motion to adjourn; Jones seconded and the motion carried.
_____________________________ _____________________________
Bob Johnson, Chairman Charles Jones, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date