Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider and approve Community Corrections Application for FY2007
Unexpended Funds (Ron Stegall)
REGULAR AGENDA
Planning Items:
(2) Consider approval of CUP-02-02-07: Conditional Use Permit for a grass airstrip, located at 593 E 1250 Road, Baldwin City. Submitted by James and Barbara Butell, property owners of record. (PC Item 7; approved 10-0 on 3/26/07)(Mary Miller is the Planner)
(3) Consider the following text amendments:
(a) TA-08-18-07: Consider amendments to Section 20-813 of the Development Code to clarify the Planning Commission's Powers and Duties. (PC Item 11; approved 10-0 on 10/22/07) (Joseph Rexwinkle is the Planner)
(b) TA-09-20-07: Consider amendments to Sections 20-804, 20-805, 20-808, and 20-811 of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. (PC Item 12; approved 5-4-1 on 10/22/07)(Joseph Rexwinkle is the Planner)
(c) TA-09-21-07: Consider amendments to Sections 20-804, 20-805, 20-808, and 20-815 of the Development Code to clarify that access shall be taken from a hard-surfaced road. (PC Item 13; approved 8-2 on 10/22/07) (Joseph Rexwinkle is the Planner)
(d) TA-09-22-07: Consider amendments to Sections 20-804, 20-805, 20-810 and 20-815 of the Development Code to eliminate the requirement for Conservation Easements and create a requirement for Resource Preservation Agreements for Certificate's of Survey in Lawrence's Urban Growth Area. (PC Item 14; approved 10-0 on 10/22/07)(Joseph Rexwinkle is the Planner)
(e) TA-09-23-07: Consider amendments to Section 20-807 of the Development Code to create a procedure for amending approved Certificate's of Survey. (PC Item 15; approved 10-0 on 10/22/07) (Joseph Rexwinkle is the Planner)
(f) Reconsideration of proposed revision [TA-11-13-06 to Section 20-801(e) (3) of the Lawrence Development Code and Chapter XII of the Douglas County Code] regarding the intent to vest existing residences built in the county located in A, A-1, R-1 and V-C Districts. (PC Misc Item 1; approved 10-0 on 10/22/07) (Joseph Rexwinkle is the Planner)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, November 14, 2007 with all members present.
Commissioner Johnson Introduced Alex Hyler, Student Commissioner from Lawrence High School, to the public.
CONSENT AGENDA 11-14-07
Johnson moved approval of the following Consent Agenda:
► Commission Order Nos. 07-166 and 07-823 (on file with the office of the Clerk); and
► Community Corrections Application for FY2007 Unexpected Funds.
The motion was seconded by Jones and carried unanimously.
PLANNING 11-14-07
The Board considered the approval of CUP-02-02-07, a Conditional Use Permit for a grass airstrip, located at 593 E 1250, Baldwin City. The application was submitted by James and Barbara Butell, property owners of record. This item was tabled from the May 9, 2007 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion .
Jones asked if the Federal Aviation Administration (FAA) was supposed to send a determination letter regarding the airstrip. Miller stated "yes." Mr. Butell submitted the application for approval, but has not received a response. Jones asked who is responsible for submitting the materials to the FAA for review. Miller stated it is the applicant's responsibility to submit the materials. Jones asked when the Board can expect a determination. Miller stated normally there is a 3-month turnaround.
Johnson opened the item for public comment.
Terence Leibold, attorney representing J and Thea Richards, requested the Board defer the item until a determination from the FAA has been received or make the conditions subject to approval by the FAA. Johnson stated if the Board approves the item, it will be with conditions, including "no objection" by FAA. A determination other than "no objection" would constitute the CUP being rescinded.
Jones moved to close the public comment; McElhaney seconded and the motion carried unanimously.
Jones suggested a two-year review period be place on the CUP. Johnson stated he will not be here in two years and suggested a one-year review period when all three Commissioners will still be in office, then the normal five-year review. Johnson stated, "We want to be as consistent as possible with how the Board treats CUPs. We are stepping outside the normal a bit by having a one-year review, but the review should be under the assumption that if all is well, there are no complaints, and have no incidents or reasons to make modifications, the CUP will continue. During the course of the years, if issues return, we will reevaluate our decision."
Jones commented to the applicant, "The Board has the legal right to review a CUP any time we want to. We are doing something that's clearly in our authority." If there are no more incidents, he stated he will support the CUP's continuation.
Evan Ice, County Counselor, stated there will be some revised language that will come back to the Board and he suggested the Board only take a preliminary vote at today's meeting.
It was the consensus of the Board for the County Counselor to draft language to amend condition No. 3 to state the decision by the FAA needs to be received by the County or Planning Department no later than 90 days from this meeting. If the FAA report is not received in that time frame, the CUP will be automatically rescinded. Jones asked the language to include that after the 90 days, flight be prohibited until there is FAA approval. Condition No. 4 will include the one-year review.
Johnson moved to direct the County Counselor to prepare the Conditions for the CUP for the Consent Agenda for the Monday, November 19, 2007 meeting. Motion was seconded by Jones and carried unanimously.
PLANNING & TEXT AMENDMENTS 11-14-07
Johnson moved to approve TA-08-18-07 to Section 20-813(b)(2) (Subdivision Regulations) of the Development Code to delete the reference to the Planning Commission approving final plats. Motion was seconded by Jones and carried unanimously.
Johnson moved to approve TA-09-20-07 amendments to Sections 20-804, 20-805, 20-808, and 20-811 of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. Motion was seconded by Jones and carried unanimously.
Johnson moved to approve TA-09-21-07 amendments of the Development Code to Sections 20-804(c)(1)(viii), to clarify that access shall be taken from a hard surfaced road; 20-805(c)(1)(iv) to clarify that access shall be taken from a hard surfaced road; 20-808(c)(2) to clarify that access shall be taken from a hard surfaced road; and 20-815 to define the terms "Hard Surfaced Road" and "County's Rock Road Standard." Motion was seconded by Jones and carried unanimously.
Johnson moved to approve TA-09-22-07 amendments to the Development Code to Section 20-804 to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate's of Survey in Lawrence's Urban Growth Area; 20-805 to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate's of Survey in Lawrence's Urban Growth Area; 20-810 to clarify that either Temporary Set Aside Agreement or an optional Conservation Easement shall be used as a resource preservation tool associated with Certificate of Survey's in Lawrence's Urban Growth Area; and 20-815 to define the term Temporary Set Aside Agreement. Motion was seconded by Jones and carried unanimously.
Johnson moved to approve TA-09-23-07 amendments to Section 20-807 of the Development Code to create a procedure for amending approved Certificate's of Survey. Motion was seconded by Jones and carried unanimously.
Johnson moved to approve revision to TA-11-13-06 an amendment to Section 20-801(e)(3) of the Lawrence Development Code and Chapter XII of the Douglas County Code, the jointly adopted Lawrence/Douglas County Subdivision Regulations, to correct an error of omission in a text amendment recommended by the Planning Commission at their August 15, 2007 meeting. Motion was seconded by Jones and carried unanimously.
Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date