Meeting Information
-Convene
-The Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) TA-04-06-07: Consider amendments to the Douglas County Zoning Regulation (Articles 6 and 9) to modify standards related to fireworks sales. Initiated by the Board of County Commissioners on 4/16/07. (Joseph Rexwinkle is the Planner.)
REGULAR AGENDA
Planning Item:
(2) CUP-04-06-07: Conditional Use Permit for Lakeside Storage, located at E 900 Road. (Sandra Day is the Planner)
(3) Consider Charter Resolution for adjustment to County Auditor salary (Craig Weinaug)
(4) Discuss proposed frontage road on east side of Route 1057 approximately 0.3 miles north of N 1000 Road (Route 458) (Keith Browning & Bob Johnson) (no backup)
(5) Executive Session for the purpose of consultation with attorneys on matters, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Johnson called the meeting to order at 8:30 a.m. on Monday, June 11, 2007 with all members present.
PROCLAMATION 06-11-07
Paul Bahnmaier, President of the Lane Museum, read a Proclamation proclaiming the June 1 through December 31, 2007 as "Voting days for the 8 Wonders of Kansas." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 06-11-07
Johnson moved approval of the following Consent Agenda:
► Commission Order No. 07-133, 07-134 and 07-135 (on file in the office of the County Clerk);
► Resolution 07-20 of the Board of County Commissioners of Douglas County, Kansas adopting text amendments to the Zoning Regulations for the unincorporated territory of Douglas County, Kansas relating to fireworks stands;
The motion was seconded by Jones and carried 3-0.
ZONING & CODES/RESOLUTIONS 06-11-07
The Board discussed Home Rule Resolution No. 07-6-4 and Home Rule No. 07-6-5 pulled from the Wednesday, June 13, 2007 agenda and added to the June 11, 2007 meeting.
Jones moved to approve Home Rule Resolution No. 07-6-4 of the Board of County Commissioners of Douglas County, Kansas relating to and amending and restating Article 2 of Chapter VI of the Douglas County Code, regulating the use of fireworks and the issuance and conditions of permits for the sale of fireworks in the unincorporated areas of Douglas County, Kansas; and Home Rule Resolution No. 07-6-5 of the Board of County Commissioners of Douglas County, Kansas Amending Requirements and Regulations on Firework Displays. McElhaney seconded the motion and it carried unanimously.
PLANNING 06-11-07
The Board discussed item CUP-04-06-07 Conditional use Permit for Lakeside Storage located at E 900 Road. Sandra Day, Lawrence/Douglas County Metropolitan Planning Department led the discussion. The application was submitted by Robert D. Voth, for Windover Community of Lawrence LLC, property owner of record. The subject property is located on the west side of K-10 Highway. The CUP requests use for both a mini-storage use, as well as, space within the facility for conventional boat storage. A portion of the site is designated for future commercial development on the east end. Staff recommends approval of a Conditional Use Permit CUP-04-06-07 for mini storage with a recommendation for approval based on the following findings of fact:
Zoning and uses of properties nearby. The subject property is surrounded by undeveloped property to the north and west. It abuts existing commercial property to the south. The area to the east of K-10 Highway is developed with residential homes on large lots. The subject property has been approved for commercial zoning.
Character of the area. The character of the area is currently defined by the presence of nearby Clinton Lake and the state park. It is expected that this character will change as development pressures increase and the subject property and surrounding properties to the north and west are annexed into the City of Lawrence. The areas' character will ultimately be redefined based on planning and development activity.
Suitability of subject property for the uses to which it ahs been restricted. The proposed Conditional Use Permit is consistent with the location standards for mini-storage. The location is within the City of Lawrence Urban Growth Area and access to the site provided via a paved road classified as a minor arterial thoroughfare according to the Douglas County Major Thoroughfares Map in Horizon 2020.
Length of time subject property has remained vacant as zoned. The subject property is undeveloped and has historically been used for agricultural activities. The subject property is also part of a land development request that included annexation and rezoning for residential purposes, but was not approved.
Extent to which removal of restrictions will detrimentally affect nearby property. The proposed Conditional Use Permit will not alter the base zoning district which allows for a variety of commercial uses. The surrounding area is undeveloped. The subject property is an identified commercial "node" in Horizon 2020. There is not anticipated detrimental impact or affect on adjacent properties as a result of approval of the proposed Conditional Use Permit.
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 request will not impact the public health and safety either positively or negatively. Approval of the request will allow for development of the subject property consistent with approved design guidelines. Approval will also provide the property owner with an interim use before City utilities are close enough for urban development.
Conformance with the comprehensive plan. The comprehensive plan supports the expansion of existing commercial areas. Attention should be paid to the site design issued to address both the short-term rural nature of the surrounding area and long-term planned annexation of the area in site design. The proposed request is consistent with recommended land use policies for the area.
AND subject to the following conditions:
1. Recording of the final plat with the Register of Deeds Office prior to release of the Conditional Use Permit for issuance of a building permit;
2. Publication of a rezoning resolution to B-3;
3. Provision of a revised site plan to note that door openings for building D are limited to the north side;
4. Provision of a revised landscape plan to include an extension of the eastern line of landscaping that was required of the property immediately to the south; and
5. Provision of a revised plat that updates the legal description to only that portion that includes the access and storage facility.
McElhaney asked for Day to describe the area plan west of the South Lawrence Trafficway. Day stated the area has been identified as commercial node in the Comprehensive Plan. The balance of land is unscheduled.
Johnson asked which sides of the property would be screened. Day answered that the west, north and east sides would be screened. Johnson asked if the east screening would be on the east end of the property or along the east end of the mini-storage. Day stated the Planning Commission changed the screening to be along the right-of-way as required for the Clinton Cove property, to extend a continuous greenscape along the road right-of-way.
Jones asked if a live-in manager would be present on the site. Stan Hernly, Hernly Architects representing the applicant, stated there would only be an office with no live in. Hernly stated that one of the reasons for moving forward showing development on six acres was to leave the bulk of land open for flexibility and potential development into a larger plan.
Day discussed the predicted development in the areas as being residential in some form. The density and type is under discussion. The arterial road will continue to the north with some type of intersection. A number of options have been discussed. Staff has tried to be very carefully not to negatively impact what will be occurring in this area, leaving the greatest number of opportunities open.
Jones asked Hernly what type of lighting arrangement will be used for this property and fencing. Hernly stated low-level, building-mounted lighting with chain link fencing. Day stated she did look at the photometric plan and the lighting levels at the property lines are very close to zero. Johnson opened for public comment.
Andy Cope, property owner to south, stated he also has a self-storage facility and is opposed to having another mini-storage competing adjacent to his property. He suggested tying his triangle piece of commercial property into the applicants property to develop an upscale commercial strip. He stated concerns for the market value of the commercial property by blocking other commercial use with a small-developed tract of land.
Jones asked Cope if he has acquired a CUP. Cope replied he applied for a CUP permit last month. Day stated if the applicant chooses to build on this piece of property, a mini storage is what he will build. He can also choose not to build. Either way, he will have to meet minimum standards.
Hernly responded to Cope's comments by stating he appreciated Cope's investment to our community. If the applicant preferred to rezone a larger tract, it never would have happened. In future development, it may be possible that Cope's triangle piece could fit into the applicant's development, but not at this time.
Johnson moved to close the public comment; Jones seconded and the motion carried 3-0.
Johnson moved to approve the CUP-04-06-07 Conditional Use Permit for Lakeside Storage for mini storage. The motion was seconded by Jones and carried 3-0.
COUNTY AUDITOR COMPENSATION 06-11-07
The Board discussed increasing the salary of the County Auditor, which has been frozen at the annual amount of $2,579.20.
Craig Weinaug, County Administrator, offered two alternatives: 1) cut the pay to $2,500 established by statute; or 2) pass a charter resolution, which would exempt Douglas County from the maximum salary, set by the statute and provide that the County Commission set that salary as other county salaries are set.
The Commissioners directed staff to establish Mr. Nieder's salary at a rate equal to the amount it would have been had he received cost of living increases since his date of employment.
Johnson moved to adopt Charter Resolution 07-6-2 Exempting Douglas County, Kansas from the provision of K.S.A. 190620 and K.S.A., Relating to the Douglas County Auditor. Jones seconded the motion and it carried unanimously.
PUBLIC WORKS 06-11-07
The Board discussed a proposed frontage road on the east side of Route 1057 approximately 0.3 miles north of Route 458. Commission Chair Bob Johnson and Public Works Director Keith Browning met with two of the affected property owners recently. Several policy questions regarding the use of frontage roads were raised during this meeting, and input from the Board is needed. The Board discussed policy issues involved in constructing frontage roads, and also discussed approximate costs of constructing and maintaining frontage roads.
The Board made the following policy decisions regarding frontage roads used as an access management tool:
- The Public Works Director is authorized to decide whether or not to utilize a frontage road for the particular location and situation. The decision will be based on safety considerations, engineering judgment, constructability considerations, and the number and configuration of lots to be served. The affected property owners can appeal the Public Works Director's decision to the Board.
- Douglas County will fund the construction of frontage roads in retrofit situations, or situations in which properties are currently accessed by approved and legal residential entrances.
- In retrofit situations, Douglas County will acquire additional right-of-way easement needed for the frontage road from properties that are currently accessed by an approved and legal residential entrance. Properties without a current approved residential entrance will be required to donate additional right-of-way easement as a condition of obtaining a future residential entrance permit.
- In retrofit situations, frontage roads along hard surfaced main roads will also be hard surfaced.
- In situations in which no approved residential entrances currently exist, the cost of construction of the frontage road will be paid by the adjoining property owners, and additional right-of-way easement required for the frontage road will be donated by the adjoining property owners.
- In non-retrofit situations, the property owners who bear the cost of frontage road construction along hard surfaced main roads may determine whether or not the frontage road will be hard surfaced.
- If a frontage road is to be hard surfaced, the entire constructed portion of the frontage road shall be hard surfaced at the same time. There will be no gap in surfacing for a prolonged duration.
- Chip sealing of frontage roads will be performed by the County's contractor during the contractor's regularly scheduled chip seal work for the County.
The Board noted that construction of a frontage road d s not change the minimum frontage requirement for a residential entrance permit from the frontage requirement of the main road. For example, if a frontage road is constructed along a principal arterial, 1320 feet is the minimum frontage required in order to obtain a residential entrance permit and/or a building permit unless the parcel was created prior to October 25, 2006 and meets other requirements listed in the access management regulations. Browning concurred that is his understanding of the access management regulations and subdivision regulations.
EXECUTIVE SESSION 06-11-07
At 10:40 p.m., Johnson moved that the Board move to an executive session with the County Legal Counselor after a five-minute break for 30 minutes. Jones seconded the motion and it carried unanimously. Also present for the discussion was Craig Weinaug, County Administrator.
The Board returned to regular session at 11:14 a.m. No action was taken.
ACCOUNTS PAYABLE 06-11-07
Jones moved to approve accounts payable he amounts of $389,017.01 to be paid on 06/11/07. The motion was seconded by McElhaney and carried unanimously.
Jones moved to adjourn; Johnson seconded and the motion carried.
_____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date