Meeting Information
No 4:00 p.m. meeting. The Commission will meet at 6:35 p.m. Please see agenda at 6:35 p.m. meeting time.
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, February 17, 2010 with all members present.
CONSENT AGENDA 02-17-10
Thellman moved approval of the following Consent Agenda:
► Authorization to solicit bids for Project No. 2010-5, joint removal and silica fume overlay for two Route 1023 bridges over Dry Creek and Deer Creek;
►To waive purchasing policy requirements, and authorize Public Works Director to contract with George Butler Associates for 2010 bridge inspection services at a not-to-exceed cost of $24,650.00
Motion was seconded by Gaughan and carried 3-0
FOOD POLICY COUNCIL 02-17-10
Emily Jackson, Management Intern, introduced the Executive Council members of the Food policy Council. Attendees present were Trudy Rice, Lawrence Chamber of Commerce Representative; Lori McMinn, at large member; Nicole Tichenor, Youth Representative; and Scott Allegrucci, Chairperson. The two remaining members Chuck Magerl, Freestate/Wheatfields; and Dan Nagergast, Kansas Rural center, were unable to attend.
Allegrucci gave an update on the Council's progress and that they are currently involved in a KU journalism project to develop communication strategies.
APPOINTMENT 02-17-10
Flory moved to appoint Clint Hornberger, to represent another conventional agricultural producer on the Food Policy Committee. Motion was seconded by Gaughan and carried unanimously.
PLANNING 02-17-10
The Board considered the approval of Text Amendment TA-10-22-09 to the Zoning Regulations for the Unincorporated Territory of Douglas County to create a new Business District to support rural conference, recreational, and tourism sites. The text amendment was initiated by the Board of County Commissioners on June 24, 2009. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The text amendment would establish a new business district permitting rural tourism, recreation and conference uses to the Zoning Regulations.
The Board briefly discussed the following: the uses under the text amendment should be tied to rural uses but not necessarily closely to agriculture; the terminology of hotel vs. motel in the language should not exclude the term "motel" as that would limit cabins as a lodging option; the League of Women Voters suggested a limit on the size of commercial buildings to 5,000 sq. ft.; and that a site plan would be required with the submittal of all zoning requests.
Thellman opened the item for public comment.
John Moore, Eudora Historical Society, stated concerns that under the permitted uses someone would put in a bar and nothing else. Flory stated a bar would have to be a small part of a larger establishment related to rural tourism.
It was the consensus of the Board to table the discussion of the text amendment to a future agenda.
RHODE ISLAND PROPERTY 02-17-10
The Board considered the adoption of a resolution establishing a procedure for disposal of Douglas County property in the 1100 Block of Rhode Island Street. Craig Weinaug, County Administrator, explained that that resolution sets up the process under the law to dispose of property owned by the County. The Board needs to consider the resolution first and then set a public hearing date with notification published in the official County paper.
Thellman opened the item for public comment. No comment was received.
Flory moved to approve Resolution 10-5 of the Board of County Commissioners of Douglas County, Kansas, adopted pursuant to K.S.A. 19-211(b), establishing an alternate methodology for disposal of certain Douglas County property and set the public hearing date to receive public comment regarding the disposal of County property located in the 1100 Block of Rhode Island for March 10, 2010 at 6:35 p.m.
PLANNING 02-17-10
The Board considered the approval of a Preliminary Plat (PP-11-6-09) for Pines International Addition, a one lot subdivision of approximately 2.3 acres, located at 1997 E 1400 Rd, and the following associated items: a variance from Section 20-811(d)(2)(ii) to permit a septic system on a lot with less than 3 acres of area, a variance from Section 20-811(c)(1) which requires sidewalks along roads in the UGA. The application was submitted by Grob Engineering Services, LLC for PINES International Inc., the property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item and stated that the Temporary Set Aside Agreement for the protection of the historic structure on site was not yet complete, but would be presented to the Commission for approval prior to the recording of the final plat. The Planning Commission approved the above items with an 8-0 vote on January 27, 2010 with conditions on PP-11-6-09.
Thellman opened the item for public comment. No comment was received.
After a short discussion, Flory moved to approve the following items:
(1) Preliminary Plat (PP-11-6-09) for Pines International Addition, a one lot addition of approximately 2.3 acres, located at 1997 E 1400 Road; based on the following conditions:
1. A variance shall be obtained from the Board of County Commissioners from Section 20-811(d)(2)(ii) of the Subdivision Regulations to permit the location of an on-site sewage management system on a lot that is less than 3 acres.
2. The plat shall be revised with the following changes:
a. Waiver and variance Requested shall be revised to "Variances.'
b. Note 1 shall be revised to include the date the date the Planning Commission granted the variance, if it is approved.
c. Note 2 under 'Variance Requested' shall be revised as follows: The owner is requesting a variance from the 3-acre requirement for on-site sewage management system on los which are served by a public water supply. [Section 20-811(d)(2)(ii)] of the Subdivision Regulations. The note shall be revised to include the date the Board of County Commissioners granted the variance, if it is approved.
d. Label shall be added for N 2000 Road along the western portion of the north property line.
3. The following actions shall be required prior to recording for the final plat:
a. The applicant shall provide documentation to the Planning Office that a water meter is available from Rural Water District #13 to serve this property.
b. The applicant shall provide documentation to the Planning office indicating Water District #13 and Lawrence First Department's approval of hydrants or alternate water storage devices to support firefighting needs, per Section 20-811(e)(3) of the Subdivision Regulations.
c. The applicant shall provide documentation to the Planning Office that the on-site sewage management system has been approved by the Douglas County Health Department.
d. The applicant shall provide an executed water connection agreement, per Section 20-811(e)(2).
(2) Variance 1 regarding a variance from Section 20-811(d)(2)(ii) to permit a septic system on a lot with less than 3 acres of area,
(3) Variance 2 from Section 20-811(c)(1) which requires sidewalks along roads in the UGA; with a condition that a note be added to the Preliminary Plat which states that sidewalks will be installed at a later date, when adjoining subdivisions have been platted and adjoining sidewalks are available.
Motion was seconded by Gaughan and carried unanimously.
PLANNING 02-17-10
The Board considered the approval of Site Plan (SP-1-1-10) for construction of a manufacturing facility and parking lot for PINES International, located at 1997 E 1400 Road. The property is approximately 2.164 acres. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The Site Plan is contingent upon approval of final plat. The I-2 zoning in the area permits light industrial uses such as light manufacturing, fabricating, warehousing and wholesale distributing. The applicant proposed to expand their business, PINES International Health Food Products. Miller stated she was contacted by Grant Township with concerns about runoff from this property. Miller stated the property owner plans to build a swale by the driveway which would limit the runoff.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve Site Plan SP-1-1-10 subject to the following conditions:
1. Provision of a revised site plan with the following changes:
a. If the Board of County Commissioners d s not approve the variance from Sub-section 811(c)(1) of the Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County with the preliminary plat for PINES International Addition [PP-11-06-09] which is scheduled for the February 17, 2010 Commission meeting, the site plan SP-1-1-10 Page 4 shall be revised to show a 6 ft wide sidewalk south of Hwy 24/59 and a 5 ft wide sidewalk on the west side of E 1400 Road.
b. Note on the plan that the surfacing in the area between the entrance and the loading dock will be a minimum of 8" depth aggregate surfacing.
c. Note added to the plan which states that "Any area not designated on the site plan for buildings, structures, parking, or access ways shall be landscaped with a mixture of grass, trees and shrubs."
d. The required setbacks shall be labeled on the building envelope shown on the plan.
e. The landscape schedule shall be revised to indicate that the street trees along E 1400 Road shall be selected from the following list or a sub-set of this list: Callery Ornamental Pear, Chinkapin Oak, Eastern Redbud, Goldenrain Tree, Hedge Maple, Honey Locust (thornless), Imperial Honey Locust, Japanese Tree Lilac, Kentucky Coffee Tree, Sawtooth Oak, Shantung Maple, Trident Maple, White Mulberry or Winter King Hawthorn.
Motion was seconded by Gaughan and carried unanimously.
ACCOUNTS PAYABLE 02-17-10
Thellman moved to approve accounts payable in the amounts of $411,881.84 to be paid on 02/18/10. Motion was seconded by Flory carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date