Meeting Information
-Convene
-Consider approval of the minutes of September 30 and October 7, 2009
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Notice to Township for Cereal Malt Beverage Licenses for Clinton Marina and Clinton Submarina (Clerk's Office)
(c) Consider approval of a Temporary Business Permit Application for Donna Wade Wingert (Retail Sale of Dried Fruits and Nuts) (Keith Dabney)
(d) Consider approval on 800 MHZ radio maintenance renewal contract (Selma Southard); and
(e) Acknowledge Fee Reports for August and September 2009.
REGULAR AGENDA
(3) Consider for adoption a Home Rule Resolution which clarifies the status of private roads approved or currently in use that serve no more than 3 residences. (Linda Finger)
(4) Executive Session on two (2) items for the purpose of consultation with County Counselor 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.
RECESS UNTIL 6:35 P.M.
(5) Receive Planning review of the Conditional Use Permit CUP-12-16-02 and all conditions attached thereto as required by Condition of Use XIV of the Hamm Eudora Quarry.(Mary Miller is the Planner)
(6) Revised Conditional Use Permit CUP-02-03-07 for Clinton Cove mini-storage for consideration of revised landscape implementation plan. (Sandra Day is the Planner)
(7) Revised Site Plan SP-8-36-09 for Maple Grove tenant finish. (Sandra Day is the Planner)
(8) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(9) Adjourn
Flory called the regular session meeting to order at 4:02 p.m. on Wednesday,
October 28, 2009 with two members present. Thellman was absent.
Flory moved to approve the minutes of September 30 and October 7, 2009. Motion was seconded by Gaughan and carried 2-0.
CONSENT AGENDA 10-28-09
Flory moved approval of the following Consent Agenda:
► Notice to Township for Cereal Malt Beverage licenses for Clinton Marina and Clinton Submarina;
► Temporary Business Permit for Donna Wade Wingert for the Retail Sale of Dried Fruits and Nuts from November 1 through December 15, 2009 at 693 E 1250 Road, Lawrence, Kansas;
► The Board authorized the Director of Emergency communications to
sign the renewal agreement with Motorola Inc. on the Douglas County 800 MHz Trunking Radio System Maintenance in the amount of $34,950.36, to be paid out of the 911 budget. Contract runs January 1, 2010 through December 31, 2010; and
► Acknowledgement of fee reports for August and September 2009.
Motion was seconded by Gaughan and carried 2-0.
PLANNING/PRIVATE ROADS 10-28-09
The Board received public comment at the October 14, 2009 meeting regarding an issue of eligibility of homes constructed on a private road previously approved and/or developed prior to 1998 when the County amended the Subdivision regulations to remove private roads from development options.
Staff initiated a resolution that would retroactively determine that a private road serving 1-3 homes that were constructed or were in existence prior to 1998 are considered legitimate private roads for the purpose of issuing building permits. This resolution is not intended to allow building permits for new development.
Flory commented that the Board is trying to clear up issues where we would question the legality of whether a building permit would need to be issued. The resolution is not intend to allow permits for new development, only to approve what is existing.
Flory moved to approve the Home Resolution 09-10-3 retroactively approving certain private streets and roads. Motion was seconded by Gaughan and carried 2-0.
EXECUTIVE SESSION 10-28-09
The Executive Session was been deferred to the November 4, 2009 meeting.
ACCOUNTS PAYABLE 10-28-09
Gaughan moved to approve accounts payable in the amount of $519,688.25 to be paid on 10-29-09; and a wire transfer in the amount of $9,686.92 to be paid on 10/30/09.
At 4:30 p.m., Flory moved for the Board to recess until 6:35 p.m. Motion was seconded by Gaughan and carried 2-0.
The Board resumed its regular session at 6:35 p.m.
PLANNING 10-28-09
The Board considered the approval of a 5-year compliance review for CUP-12-16-02 on the Eudora Quarry #58 located at the northwest corner of the intersection of E2400 and N1200 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented review on the item. The Conditions and Restrictions of Use required that the Conditional Use Permit and all conditions be reviewed by the Planning Office and a report forwarded to the County Commission every five years. The CUP required that the property owners be notified of the first review. Staff indicated that all property owners within 1000 ft of the quarry property were notified.
Staff concluded that the quarry is in compliance with the conditions of the CUP as no quarrying activities have commenced on the Eudora Quarry #58. The following actions must be completed prior to the commencement of operation in Quarry #58:
- The fencing and signage shall be repaired/installed prior to quarrying activity.
- A performance bond in the amount required by applicable KS statutes to cover reclamation activities for the existing site and proposed Cuts #1-4 shall be filed with the KS State Conservation Commission.
- A detailed grading plan showing site runoff and its relationship to the adjoining properties must be submitted.
- Road improvements must be made per the Douglas County Public Works Director and Eudora Township standards.
- Additional information shall be provided to the Planning Office regarding any limitations on quarrying activities within the KP&L 100ft right-of-way shown on the operation plan.
- When quarrying activity commences, the seismology monitoring program shall be installed and reports maintained.
- The revised fencing and screening plan shall be provided to the County Commission for approval.
- A reclamation plan for the existing quarry shall be submitted for Planning review and County Commission approval.
Any items which are required to be provided to the Planning Office and Director of Public Works may be provided at any time or when the reclamation plan for the existing quarry is submitted for Commission approval.
It was the consensus of the Board the 5-year compliance review was submitted and received by the Board.
PLANNING 10-28-09
The Board considered the approval of CUP-2-3-07 a revised landscape plan for Clinton Cove Mini Storage located at 1415 E 900 Road. The application was submitted by Andrew Cope, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Day gave a short presentation on the history of the project and then discussed the need to revise the site plan due to screening issues. The applicant has been working with state park representatives to develop a revised landscape plan that utilized mature trees from within the park to be transplanted at the cost of the developer to an area on the park property to screen the commercial site. There is no proposed landscaping along E 900 Road due to exclusive easements for utilities. Screening along the north property line was not required as the property abuts planned commercial development. The applicant will follow the original plan on the west property line.
Andrew Cope, applicant, asked the Board to consider granting a waiver in the need to plant along the west property line at this time because no develop is being considered any time soon. Cope stated he is willing to work with the adjacent property owner to the west to assist with the landscaping when the property owner is ready to develop.
Flory opened the item for public comment. No comment was received.
Flory directed staff to work with Cope to develop language that will temporarily suspend the requirement to install landscaping along the west side of the commercial
PLANNING 10-28-09
The Board considered the approval of SP-8-36-09 site plan revisions to the existing building located at 1460 N 1823 Rd to allow for automobile sales and to show current site improvements. The application was submitted by Paul Werner for Thomas, Jeanette and Stuart Armstrong, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The revision to the site plan shows modifications to the interior space of the building to accommodate a new and separate use of the site in addition to the other uses of the building. The parking lot shows additional parking will be provided on the east side of the building and future spaces can be added along the south. The site plan designates an area for automotive display on the east side of the building.
The site plan has been revised to show the current development of the site as well as to address the new use to be added to the property. The auto display area is not dimensioned or delineated. A note on the plan states "future surfacing" but d s not indicate the dimensions or materials for this future improvement. A revised site plan should be provided prior to the improvement. Care will need to be taken to assure that future improvements are not made over the existing lateral field and that area is protected from unauthorized vehicle access that could damage the system. Staff recommends approval of the site plan 08-36-09 as a revision to the previously approved 2006 site plan subject to the following conditions:
1. Provision of a revised site plan to dimension the space to be used for auto display
2. Provision of a revised site plan to delineate the display area with parking blocks or other material to limit
area where cars are parked;
3. Provision of a revised plan to clearly show the extent of the parking surface; and
4. Approval of a local flood plain development permit prior to issuance of a building permit.
Gaughan asked if the conditions comply with the site plan. Day stated the conditions have been satisfied with the plan in place and can be removed.
Flory moved to approve revised site plan SP-8-36-09. Motion was seconded by Gaughan and carried 2-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 2-0.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
______________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date