Meeting Information
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />3:30-5:30 p.m. Reception for retiring County employees
6:35 p.m. (Meet in the Commission Chamber)
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of PP-08-11-08, a Preliminary Plat for Daniels Baldwin Junction, a 4-lot nonresidential subdivision comprising 18.36 acres, located approximately .2 miles SE of the intersection of Hwy 59 and Hwy 56. Submitted by Ed Dannewitz of McAfee Henderson Solutions, Inc. for Joseph Daniels Jr., Trustee of Joseph Daniels Sr. Trust, property owner of record. (PC Item 1; approved 9-0-1 on 11/17/08) J Rexwinkle is the Planner.
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, December 10, 2008 with all members present.
CONSENT AGENDA 12-10-08
Jones moved approval of the following Consent Agenda:
► Commission order Nos. 08-069, 08-070, 08-071 and 08-072 (on file with the office of the Clerk)
Motion was seconded by McElhaney and carried unanimously.
FAIRGROUNDS 12-10-08
Pam Madl, Assistant County Administrator, provided an update to the Board on the status of the proposed Fairground CIP Plan as prepared by the Fairgrounds CIP Committee. There are six components to the CIP plan: an open pavilion, new exhibitor parking, an outdoor meeting area, a new meeting hall, an upgraded outdoor event area, and new signage. The two master planning consultants, Treanor Architects and LandPlan Engineering, reviewed the fairgrounds site and made recommendations on drainage, traffic flow, topography, and neighborhood consideration. It is estimated that the signage can be installed for under $20,000. It is the committee's hope that early next year, the Commissioners will approve the signage portion of the plan. There are no cost estimates yet for the other upgrades.
It was the consensus of the Board that the $20,000 for signage was in order with past discussions. However the item will be tabled for consideration under the new Commission who will take office on January 12, 2009. No action was taken.
PUBLIC WORKS 12-10-08
The Board discussed the replacement of Douglas County Bridge No. 09.03N-09.03E, which carries traffic over Washington Creek, approximately 1.1 miles east of Lone Star. Keith Browning, Director of Public Works, was present for the discussion. The project was delayed due to the information received from the State Historic Preservation Officer's (SHPO) office stating the bridge could potentially be eligible for listing in the National Register of Historic Places. It has since been discovered that the bridge is not subject to the Corps of Engineers permit and therefore, no longer subject to SHPO review. However, the SHPO requested the County consider relocating the bridge, at a cost of $24,000. The current estimate for the project, without relocating the bridge is approximately $116,000 plus the cost of the bridge, (previous quote at $167,114) for a total of $283,100. The CIP has $286,600 allocated for the project. The previous quote has expired and will need to be rebid. The Board needs to determine (1) whether to include an add-alternate item in the contract for relocating the truss, and (2) authorization to purchase the replacement truss.
It was the consensus of the Board to table the item and for the Public Works Director to come back with pricing to extend the private road and the removal of the bridge and to discuss other options.
PLANNING 12-10-08
The Board considered the approval of PP-08-11-08, a Preliminary Plat for Daniels Baldwin Junction, a 4-lot nonresidential subdivision comprising 18.36 acres, located approximately .2 miles southeast of the intersection of Highway 59 and Highway 56. The application was submitted by Ed Dannewitz of McAfee Henderson Solutions, Inc. for Joseph Daniels Jr., Trustee of Joseph Daniels Sr. Trust, property owner of record. J Rexwinkle, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion. Staff recommends approval of the Preliminary Plat of Daniels Baldwin Junction with the requested dedication of easements and subject to the following conditions:
1. Revise the plat to widen the Utility Easement along the front of Lots 1-4 up to
30 feet.
2. Revise the plat to show access restriction from Lot 1 to Highway 56 along the entire length of the frontage.
3. Revise the plat to show access restriction from Lot 1 to the adjacent frontage road for a distance of 200 feet south of Highway 56.
4. Add a note to the plat demonstrating the method by which water will be provided for firefighting purposes, per the Rural Water District #2 agreement.
5. Demonstrate which utility provides electricity to the subdivision.
6. Please add the following notes to the plat:
a. Stormwater detention may be required at time of site development depending upon the extent of development proposed. Construction of such improvements shall be the responsibility of the landowner.
b. Shared access between lots may be required depending upon the proposed land use and traffic generation. Such determination shall be made at time of site development.
c. Revise note (b) under "Provisions and Financing of Roads, Sewer, Water and Other Public Services" to state that the water meter shall serve Lot 1.
d. Add a note under "Provisions and Financing of Roads, Sewer, Water and Other Public Services" that Lots 2-4 may be served by well water or water meter.
The Board discussed that the plat proposed a 15' utility easement around the perimeter of each lot, presumably for water main construction. The Rural Water District No. 2 has requested that the easements be a minimum of 30' wide to allow adequate space for maintenance. The property owner feels that 30' is too much and prefers the easement requirement be 15' as proposed on the plat.
McElhaney stated concerns that there are too many standards placed on the property owners.
Craig Weinaug, County Administrator stated that the County Counselor had said if the Board approved the 15' easement and the utility companies were unable to provide their service within the narrower easement, the property owner could be forced to come back to the Commission.
Johnson opened the item for public comment. No comment was received.
After discussion, Johnson moved to accept the preliminary plat as approved by the City Commission with the above listed conditions, but with a 20' utility easement. Motion was seconded by Jones and carried unanimously.
PLANNING 12-10-08
The Board considered the approval of SP-06-42-07, a site plan extension request for The Woods, a country club located at N 1800 Road and E 700 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion.
The site plan for The Woods, SP-06-42-08, was approved by the Board of County Commissioners on July 18, 2008. All conditions of approval were met and the site plan was released to the Zoning and Codes Office for a building permit on April 30, 2008. Per Section 19A-9 of the Zoning Regulations, a site plan will become null and void if no building permit is issued for the site within two years from the date of approval by the BOCC. The applicant is seeking a one-year extension to the site plan, citing the construction of Farmer's Turnpike (N 1800 Road) as a possible cause for delay in construction.
After discussion, Jones moved approval of a one-year extension request site plan SP-06-42-07 given the construction planned for N 1800 Road and the proposed changes to the Zoning Regulations. Motion was seconded by McElhaney and carried unanimously.
ZONING & CODES 12-10-08
The Board considered approval of CUP-07-05-08, a Conditional Use Permit for Big Springs Quarry, located at 2 N 1700 Road, revising conditions of the previously approved CUP and expanding the area of the quarry. The application was submitted by Mid-States Ventures, LLC, for Mid-States Ventures and Nichols, Clifford C. Trustees, Etal, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Evan Ice, County Counselor, and Linda Finger, Planning Coordinator, were also present for the discussion.
The Board was notified by Planning Staff that the property notification did not cover owners within Shawnee County. Ice stated more than 20% of the surrounding residents signed the protest agreement. Technically there has not been a valid Planning Commission meeting because notification was not sent. Everyone within 1,000 feet must get notice of the Planning Commission meeting. Ice stated approximately six properties were affected.
Jones asked Ice what specific action he advises the Board to take. Ice stated he recommends sending the item back to the Planning Commission.
Johnson stated the Board can not proceed forward knowing the process was not completed by Statute. Ice suggested the Board talk only about procedural issues and not express opinion on substance of the application.
Johnson asked to hear from the attorneys of the property owner and applicant.
John Hutton, representing Mid States, stated his client agrees the item should be handled by going back through the Planning Commission.
Dave Buffo, representing Lone Oak LLC, stated his client has spent thousands of dollars on legal fees to protect his property. He understands from a legal standpoint where the County Counselor is coming from, but feels the Board should take action tonight.
The Board engaged in discussion with Ice regarding when a protest petition can be filed. Ice determined the petition can be filed 14 days after the date of the public hearing (Planning Commission meeting). Ice stated he believes the current protest petition is still valid, but could be challenged in court. Johnson suggested the petitioners might not want to risk the challenge by signing a new protest petition after proper notice has been sent for the next meeting.
Johnson opened the item for public comment.
William Schaetzel, 208 Palmer Court in Lawrence, asked if it was the applicant's attorney who found the error that the Shawnee County property owners were not included. Johnson responded "no", it was not.
Jones moved to close the public hearing. Motion was seconded by Johnson and carried unanimously.
After further collaboration, Jones moved on advise from County Counsel, to send the item back to the Planning Commission for proper notice and hearing, tying that notice to the November 19, 2009 Planning Commission meeting, not allowing for new information to be introduced or major modifications; and asked the Planning Commission to ensure something like this d s not happen again. Motion was seconded by McElhaney and carried unanimously.
MISCELLANEOUS 12-10-08
The Board discussed the Farmer's Turnpike Sector Plan that was approved by the City Commission on December 9, 2008. Johnson stated he would like the item to be placed on the agenda while this Commission is still in office if proper notice can be given. Johnson directed the County Administrator to verify the notification period and place on the agenda for the next available date.
Johnson opened the item for public comment.
Rick Stine, Douglas County resident, stated it was his understanding that sector plan normally takes a great deal longer time than this one has. Everyone is affected in a variety of ways. He commented that he feels the process is being rushed. Johnson responded that he d s not feel this process is being sped up. The item has been before Planning Commission and City Commission. He has spent five years working with the Southeast Area Plan, and feels the process should not have taken five years except the governing bodies could not agree. Since two of the three bodies have acted, he would like to see the process completed before the end of his term
in office.
Margarita Ermeling, Douglas County resident, stated there was not a true representation of the people involved. One of the maps created did not reflect what the general group envisioned. She stated there is still the possibility of compromise for this project, but compromise can't happen if it's over. Jones stated he agrees that rushing will not allow for compromise.
Johnson moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.
Johnson moved to instruct the County Administrator on proper notification and to schedule the item to be placed on the earliest date following the proper notification. Motion was seconded by McElhaney and carried 2-1 with Jones in opposition. [Note: After the meeting, it was determined that this date was January 7, 2009.]
Johnson moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date