Meeting Information
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />5:00 P.M. - Continue Budget Discussion
6:35 P.M.
-Convene
-The Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
Planning Items:
(2) (a) Consider approval of TA-04-03-07: Amendments to the County Zoning Regulations regarding incorporating the City of Eudora's source water protection zones as overlay zones and associated pr
Johnson called the meeting to order at 5:00 p.m. on Wednesday, July 18, 2007 with all members present.
BUDGET 07-18-07
The Board continued discussion from the July 16, 2007 meeting on the 2008 Budget. Johnson moved approval of the 2008 budget for publication and set the public hearing for August 22, 2007 at 6:35 p.m., with the following changes:
(Graph of changes is not printable, see official minutes on record at the County Administrator's office)
Motion was seconded by McElhaney and carried unanimously.
The Board moved into recess at 5:50 p.m. for 45 minutes.
The Board reconvened at 6:35 p.m. The Pledge of Allegiance was recited.
CONSENT AGENDA 07-18-07
There were no consent items.
PLANNING 07-18-07
The Board considered approval of TA-04-03-07. The amendment seeks to add a new article to the County Zoning Regulations regarding incorporating the City of Eudora's source water protection zones as overlay zones and associated protection measures. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The Planning Commission recommended approval with a 9-0 vote with the condition that the Health Department review and approve before submitting to the Board of County Commissioners. The Health Department did approve. Also present for discussion were Cheryl Beatty, City of Eudora Administrator and Doug Helmkey with the Kansas Rural Water Association.
Johnson asked what the rationale was for imposing water protection zones in the unincorporated area, not the City. Beatty stated that water protection zones are not required for cities the size of Eudora. The Kansas Rural Water Association received a grant to assist smaller cities in the development of water protection zones. The City of Eudora chose to participate in a grant to develop a plan of action to protect water within a two-mile zone, based on a geological study and survey establishing where zoning needs to be. With the assistance of KRWA, the City sat down with a team of citizens inside and outside the City interested in protecting water for the City of Eudora. They determined the risks and assessments, listed the plan, and determined what developers could and could not do within that district with regard to development, construction, mining or anything that might risk protection of water.
Jones moved to approve TA-04-03-07, amendments to County Zoning Regulations, incorporating the City of Eudora's source water protection zones as overlay zones and associated protection measures. Motion was seconded by McElhaney and carried unanimously.
PLANNING 07-18-07
The Board considered item SP-06-42-07 for The Woods, a 353 site, located at the NE intersection of N 1800 Road and E 700 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The subject property contains a chapel and county club with a swimming pool and is zoned for agricultural use. A Conditional Use Permit (CUP) was submitted for a corporate retreat but was deferred indefinitely by the applicant. The planning office received a public comment letter signed by many area residents, primarily in relation to the CUP, but some of it pertained to the uses within the site plan. The concerns included rural water, sewer management and fire protection.
Miller stated she spoke with Don Fuston of Rural Water District No. 5 and he believes they have the capacity to serve the development. However, the Board has not officially approved the meter. Miller stated the approval would not be final until staff gets the water district's approval. The Douglas County Health Department also needs to approve the septic system and KDHE has to approve the lagoon. The site plan as conditioned meets County regulations and staff recommends approval.
McElhaney asked for the amount of water consumption. Miller stated no more than 25 gallons per minute, the amount the water district said they would supply.
Jones asked what activities are associated with a country club. Miller stated she did not have a definition but Keith Dabney, Director of Zoning and Codes Department, had a zoning and codes book that had defined a country club as a recreational club with activities such as golf or swimming pool for use by members and their guests. Jones asked if "recreation" could be weddings. Miller responded yes, assuming you are a member. Jones asked if there could be concerts and consumption of alcohol. Miller stated the alcohol could not be sold, unless the caterer of an event has a license. Jones asked if the facility would be used as a convention gathering or meeting hall. Miller replied not at this time. The owner was considering a CUP. The site plan only allows for a country club for use by members and guests.
Paul Werner, Werner Architects, stated he understands the conditions regarding the rural water district issue and thinks they are in agreement with 25 gallons per minute. He is concerned about how to monitor it and where the meter g s. They are proposing a lagoon and a septic system. A lagoon would serve the country club building and possible future cabins on the north side. The chapel being off by itself on the south side of the pond would have minimal use and can be accommodated by a smaller septic system. The applicant plans to submit a CUP.
McElhaney commented that we are looking at 15,000 gallons of water used per hour and 36,000 gallons per day. Werner stated it is a timing deal. He compared the fully built-out project to the size of the Eldridge Hotel. It serves 80 rooms, a restaurant and kitchen and uses 4,000 gallons per day. He stated the applicant may need a storage tank to pull the water at different times.
Jones stated he has seen questions from neighbors. There were three questions received about guns and shooting, bullets and shotguns. Jones asked what recreational activities are anticipated and if shooting is a part of it. Warner stated he would anticipate hunting to be listed as a recreational activity on the CUP. There will be a pool, kitchen, dining reception hall, chapel, and weddings. Jones questioned if there was any intention to eliminate the overlap of use of guns and alcohol consumption. Johnson commented that it would be hard to do in a private club.
Jones asked Warner if he agreed The Woods had a potential risk of fire. Warner stated he originally hoped to sprinkle the building, but at 25 gallons per minute, it cannot be done. Johnson questioned if the pond will be used for some sort of private fire protection. Werner stated they could hook their sprinkler system to feed from the pond. Nothing they plan to build technically needs sprinkling.
Johnson questioned if the Kansas Department of Health and Environment (KDHE) will size the lagoon. Werner stated they have a civil engineer hired to determine that information.
Jones stated a bullet carries further than shotgun pellets. He asked if there would be a problem restricting use of firearms to shotguns as opposed to rifles. Werner stated he is not prepared to answer that question; he would need to consult with his client.
Johnson opened for public comment.
Charlene Winter, adjacent neighbor to proposed Woods property, stated concerns of cigarettes causing grass fires. She has worked on the Rural Water Board No. 6 and she stated that meters were placed on the road because of possible leakage. She is concerned that adding water to The Woods will affect her water supply. She also suggested the use of bow and arrows for hunting in place of guns.
Dennis Anderson, 1856 E 600 Road, stated that he and his wife sent a letter of protest to the Planning Staff. He questioned if supplying water to The Woods would affect his fire protection. Other concerns included traffic and possibility of odor from the lagoon. He asked if approval of the site plan automatically guarantees approval of the CUP. Johnson stated that site plan approval d s not obligate the board to grant water.
Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.
Jones asked Dabney when shooting clay pigeons on a property becomes a shooting range. Dabney stated when someone pays to use the facility or there is charging of admission. Jones commented that people pay to be members. Dabney also stated you can shoot on a property with the owner's permission now. However, when you have members plus additional individuals shooting, a CUP is required.
Johnson asked how far the lagoon would be from the closest neighboring property. Werner stated 300' to the east (300' west of property line),17,000 feet off the road, and 2,000 feet behind the tree line to Mrs. Winter's property. Regarding the driveway, Werner stated there needs to be a screen or a berm to address the headlights coming from the east. The entrance to the east is a much safer location for an entrance. The 700 Road access would be dangerous due to limited visibility. The hunting will be addressed more with the CUP.
Jones stated he thinks water maybe an issue, but it is not the County's issue. The water district has to make that decision.
Jones moved to approve SP-06-42-07, a Site Plan for The Woods with two amendments: 1) the applicant is to screen the neighbor's house from headlights coming from the east entrance, and 2) add a statement on the plan that site plan approval d s not convey any sort of approval with regard to use of guns as a recreational activity allowed with the country club. The motion was seconded by McElhaney and carried unanimously.
PLANNING 07-18-07
The Board considered the approval of PP-02-05-06 the expired Preliminary Plat of Stonewall Farms Addition. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The original Preliminary Plat was approved on April 17, 2006 and subject to three conditions. The subject property zoned A-1 (Surburban Home Residential District) is located on the south side of the existing Urban Growth Boundary north of I-70 highway, and is in Service Area 4 of the City of Lawrence Urban Growth Boundary. The property is 51.13 acres and is bounded to the north by 1800 Road and E 1000 Road, and bounded on the south side by I-70. The applicant is seeking permission for the Board to accept the submission of a final plat based on the previously approved (expired) preliminary plat as if the expiration had not occurred.
Johnson asked why the applicant let the preliminary plat expire. Kevin Vogt, Peridian Group, stated his client missed the extension period because he was waiting to see how the area would develop. The client wasn't ready to move as far as developing his property at that time, but feels comfortable with moving forward now. Jones stated it sounds like he deliberately let the deadline run past.
Johnson stated for the benefit of the people in the audience the following information: the applicant was notified on 02/16/07 that the revised preliminary plat received by Planning Staff, complied with the conditions of approval; the plat was valid for a period of one-year from date of approval, which was April 2006, and that it would expire 4/17/07; and the applicant deliberately chose to ignore that information. The development regulations today are significantly different than they were at the time the preliminary plat was originally submitted. Johnson stated everything was done that could have been done to remind the developer that their plat was approved until 04/17/07. "Beyond that," he stated, "I don't think we owe them anything."
Johnson opened for public comment.
Edward Collingsworth, 925 Kentucky, stated he knows nothing about that particular area of the county, but struggles with committees that show blatant disregard for city and county ordinances regarding deadline specifications. Collingsworth stated that because the applicant let the preliminary plat lapse, he should start the procedure under new zoning codes.
Jones moved to deny the extension for approval of the preliminary plat for the Stonewall Farms Addition (PP-02-05-06). The motion was seconded by McElhaney and carried unanimously.
PLANNING 07-18-07
The Board considered item CUP-04-07-07 a Conditional Use Permit for Vesecky Family Farms, located at 1814 N 600 Road. A valid protest petition certified by the Douglas County Clerk's office was submitted to the Board requiring a unanimous vote of approval for the item to pass. The application was submitted by John Vesecky, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The Planning Commission approved the item with a 6-3 vote. Staff recommends approval of a Condition Use Permit for Vesecky Family Farms, which will include a farmer's market, outdoor dinner/theater and exterior boat storage, and forwarding of it to the County Commission with a recommendation for approval, based upon the following findings of fact:
Zoning and uses of property nearby. The majority of the surrounding land is zoned A (Agriculture) District with small portions of A-1 (Suburban Home) District to the west and south. The predominate land use in the area is agriculture with rural residences. There is a large area of state owned open space to the south, which includes the Baldwin State Lake and surrounding wooded area.
Character of the area. The area is primarily agricultural with some rural residential development. The area includes woodland, wooded stream corridors, and the Baldwin State Lake, as well as, a 24 lot platted residential subdivision. There is a steam, which travels north/south through the subject property, and adjacent properties, which has a floodway and floodplain associated with it.
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 134 acre property currently contains cropland, berry patches and elk pens. The A District allows numerous uses, including agricultural uses and single-family dwellings. A portion of the property surrounding the north/south stream is wooded and encumbered with floodplain and floodway. The property is suitable for the uses to which it has been restricted.
Length of time subject property has remained vacant as zoned. The property is not developed, but has been in agricultural uses since the County Zoning Regulations went into effect.
Extent to which removal of restrictions will detrimentally affect nearby property. There are potential detrimental effects associated with the requested uses. There will be increased traffic due to the dinner/theater, farmers market and boat storage and there may be noise or light issues associated with late night events at the dinner/theatre.
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 would benefit the community by providing an outlet for area farmer's products, and a boat storage facility in the proximity of Baldwin State Lake. It would benefit the subject property owner by providing additional income potential from his farmland.
Conformance with the comprehensive plan. The proposal is in conformance with the comprehensive plan. The requested used would preserve the agricultural use of the land by allowing the farmer to develop agro-business' which would not require development of the property or result in non-farm residential development.
AND subject to the following conditions:
1. A note must be added to the plan stating, "ADA accessible spaces shall be designed to meet the standards of the Americans with Disabilities Act Guidelines and shall be signed according to these standards." Three spaces closest to the dinner theatre must be labeled as ADA accessible.
2. The outdoor dinner/theater will be limited to 3 events per week. Late night events are limited to Friday and Saturday nights and must conclude by midnight.
3. The plan must include the following information regarding the screening of the boat storage facility: A 3' landscaped berm must be constructed on the east and south sides of the boat storage facility. The landscaping may be complete coniferous trees, or a combination of deciduous and coniferous trees at a ration of 2 to 1. Coniferous trees must be at least 6 - 8' tall and deciduous trees must be 2 - 2 1/2" caliper. (This must be noted on the plan.) The trees must be planted on 15' centers.
4. A circulation plan must be submitted to the planning office showing the drive aisles and circulation pattern since the facility has only one entrance. The number of boars that can be stored in this facility must be listed on the plan.
5. The parking layout for the boats must be shown on the plan and delineated on the site to provide for the orderly storage of boats.
6. The plan must provide the dimensions of the Farmer's Market building.
7. This parking area near N 600 Road must be setback from the road a minimum of 15' and be screened from the road with a view reducing barrier such as a berm between 3' and 4' high, compact evergreen shrubbery and/or trees or a combination of berm and landscaping. The screening treatment must be noted on the plan.
8. The CUP will be administratively reviewed in 5 years.
9. The CUP will expire at the end of 10 years, unless an application for renewal is approved by the local governing body.
10. The Douglas County Health Department has approved the use of portable chemical toilets for the first year of operation. If the outdoor dinner theater use is continued beyond the first year, a septic system must be installed per the Douglas County Health Department regulations. The applicant must also provide the Douglas County Health Department with information regarding water supply and solid waste disposal at that time.
Jones asked for the hours of operation for the dinner theater. Miller stated restrictions placed a limit of three events per week, any late night events are restricted to Friday and Saturday, and must end by midnight. The applicant at the Planning Commission meeting stated they would use some type of small portable speakers. Jones asked if there was a decibel limit. Miller stated there is not.
McElhaney asked if the benefit district for N600 Road is designed for specific traffic load and weight. Johnson stated it is designed as a rural subdivision street and will be built and paid for by the neighbors, but would have through capabilities. McElhaney questioned how the theater traffic would affect the road capacity. Miller stated the township trustee didn't think additional traffic would create any additional maintenance for them. Johnson stated the township would not maintain the subdivision road. Miller stated the County Engineer didn't address that issue, but was not specifically asked. Johnson asked which uses, the farmers' market, dinner theater, boat storage or berries, can be done without a CUP. Miller stated only the berries.
John Vesecky, 1814 N 600 Road, stated he and his wife Sharon are proposing agri-tourism in the area. They presented a site plan showing berry sales, a proposed dinner theater with catered meals, and boat storage. Sharon Vesecky stated she visited with the Baldwin City Theater about productions and they were very interested in an opportunity to have another place to perform.
Jones asked what the amphitheatre would look like. John Vesecky stated he preferred to have the stage area in concrete, but the theater group prefers wood. The stage would be 24 X 48 and would back up to trees. Jones asked why they only want to be permitted for a year. John Vesecky stated he d sn't want to make a big investment unless the theater is successful. A septic system, which would be required after one-year, would be a costly investment. Sharon Vesecky stated the theater director said most productions would be over by 9:30 p.m. Jones asked if there would be rock concerts. Sharon Vesecky stated definitely not. They wouldn't rule out quiet music, like a string quartet, but they don't want loud noise. Jones stated that when they approve a CUP, that g s with the property. Jones asked if Mr. Vesecky is using a dust palliative. John Vesecky replied he was using dust palliative in front of his house. Jones asked if the theater, berry stand and boat storage would create a dust problem. John Vesecky stated there will be an increase in traffic, but Sharon Vesecky stated it wouldn't be year around.
Sharon Vesecky stated she plans to bring in a professional to determine the appropriate level of amplification. John Vesecky stated the theater will seat 150 people, and the theater is approximately 500' off the road. The other item requested is boat and RV storage off 1850 Road, which is approximately 1300 feet from N 600 Road and would have approximately 50 stalls with a field entrance.
Johnson opened for public comment.
David Brown, 615 E 1850 Road, stated he was disappointed in the Planning Commission meeting because his questions were not answered. He stated concern that alcohol would be served, and safety issues regarding an increase in traffic with large boats and RVs on busy, narrow township roads. He asked the Board what would happen in a few years. Johnson stated that the CUP is typically issued for a 10-year term with review in 5 years. It has limitations with respect to size and scope. Anything outside the CUP, the applicant would have to go back through the process. The sale of alcohol would not be permitted, but a licensed caterer could provide it.
Charlie Upton, 1919 N 600 Road, stated concerns with dust, trash control, noise and stress on roadways.
Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.
Jones stated he wanted to be clear about how he was making his decision. His biggest concern is the encouragement of residential sprawl. Things that don't encourage sprawl are ok. He stated he felt the Vesecky's intentions were to keep the land use for something closer to agricultural. He had concern for the dust and the theater's impact on neighbors. However, he thought the Vesecky's would be protective of the neighbors. Jones stated he would be in favor of the CUP, but thought 11 p.m. might be an appropriate limitation for the theater.
McElhaney stated he was also concerned about the hours of operation. Midnight is a little late for this type of setting and use. He commented that we no longer have a traditional agricultural community any more. When people come forward with some agricultural use for land by changing the setting, we have to applaud them. He stated large equipment on the roads is a huge issue. The increased traffic creates an increase in dust and township maintenance issues. However, he stated he would be in favor of the CUP.
Johnson stated he was concerned about the boat and RV storage on gravel roads off hard surfaced roads and the outdoor theater. If successful, there will be 60-70 vehicles, (140 round trips) 3-days a week. That is a lot of travel over a gravel road. Johnson stated he could not be supportive of a dinner theater or RV storage because he d sn't feel it is the right place for either of these businesses. However, the Vesecky's could continue the berry business or other homegrown products without a CUP. Miller added that if the Vesesky's decided to open a farmer's market by inviting other vendors, a CUP would be required.
McElhaney moved to approve CUP-04-07-07 for Vesecky Family Farms and subject to the above listed conditions. The motion was seconded by Jones and failed with a 2-1 vote due to a certified protest agreement. Johnson opposed.
PLANNING 07-18-07
John Craft, Douglas County Resident, approached the Board with a request for clarification on the term "public water source" as used within the Subdivision Regulations. He has an opportunity to develop property in the UGA west of Iowa (Hwy 59), but cannot obtain a water meter from RWD #5. The regulations stated he must have a 'publicly treated water source.' He is requesting the use of a cistern to hold and contain water until he is eligible for a water meter. At this time, all Rural Water District #5 water meters are committed through 2009. Linda Finger, Douglas County Planning Resource Coordinator, was present for discussion along with Dan Partridge, Executive Director of the Lawrence-Douglas County Health Department.
Jones asked if there is more than one house in play. Finger stated there is only one house, but because of the location, the acreage size forces him into a cluster development. Jones asked if Finger had a recommendation or was she just informing. Finger stated she did not. This item is more of a policy issue. Craft cannot develop or submit a certificate of survey, nor show he is on a list to obtain a water meter. It comes down to interpretation of the Board's intent and direction to staff as to how to clarify, either to add the definition for publicly treated water source or to say water meter.
Jones stated within the UGA there are two issues that come up with regard to water: 1) the supply of water that the City is selling to water districts, and 2) the hesitation on the part of the City or water district to allow infrastructure within UGA that is going to have to be purchased within annexation. Jones asked Finger if she sensed that the City has not gotten around to the issue of water meters, or the City would never like to see extensive water meters within UGA because of cost. Finger responded that she has nothing to evaluate that on with present administration.
Dan Partridge, Executive Director of the Lawrence-Douglas County Health Department, stated if he were a county commissioner answering a policy issue, he would want to have systems of assurance that assure the population is healthy. He would have to say 'no deal.' He would recommend the Board narrow the interpretation of the definition and deny the request.
Craft stated the Subdivision Regulations clearly do not state it requires a rural water meter, but states a "publicly treated water source." Jones asked Craft about his effort to get a meter. Craft stated he has had conversations with Sharon Dwyer of RWD #5, who said the infrastructure is in place, and she would like to be able to release a meter, but they do not have meters available. All meters have been allotted through 2009 and the board has not set up a procedure on how they are going to allocate 27 meters for 2010. Craft stated he plans to purchase a meter as soon as one becomes available
Jones asked Finger if the Board wanted to accommodate, would they have to amend the development regulations. Finger stated Craft would have to submit a Certificate of Survey, go through an appeals hearing as followed under procedures in 20-807(h) of the Subdivision Regulations and the Board cannot waive the requirements. Jones asked if it is likely to cause other people to come in with the same issue. Finger stated the Board would deal with this issue, tighten up that loophole and then initiate a text amendment to move this forward.
After further discussion, the Chairman with concurrence of the other Board members, directed Linda Finger to bring new language to the Board for a text amendment to the Subdivision Regulations that would define 'publicly treated water source' in the UGA to mean a 'rural water meter' supplies the water and is delivered using the water districts delivery system.
PURCHASING 07-18-07
The Board considered the request of the Public Works Department to purchase a heavy duty tandem dump truck equipped with central hydraulic, snow plow and spreader (replacing a tandem axel 1997 Ford) and one F-450 pick-up truck equipped with a flatbed, central hydraulic, spreader and snow plow (replacing a
1998 Chevrolet crew cab) both to be used for snow removal, asphalt repairs, and road and bridge operations.
The prices are as follows:
2008 F-450 (Shawnee Mission Ford) $ 62,300
Tandem Dump Truck (KCR International Truck, Inc. $189,372
Total $251,672
McElhaney moved to approve the 2008 F-450 Shawnee Mission Ford for $62,300; and the Tandem Dump Truck from KCR International Truck, Inc. for $189,372 for a total of $251,672. The motion was seconded by Johnson and carried unanimously.
McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried unanimously.
_____________________________ ________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ _________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date