Meeting Information
Amended Agenda
6:35 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of revised cooperation agreement with the City of Lawrence appointing a medical director for the Lawrence-Douglas County Fire Medical Department. (Pam Madl);
(c) Consider approval of resolutions granting Cereal Malt Beverage licenses for Clinton Marina and Clinton Submarina (Clerk's Office);
(d) Consider approval of a resolution granting Cereal Malt Beverage licenses for Flamingo Enterprises/The Bird of Lawrence (Clerk's Office);
(e) Consider approval of a resolution granting Cereal Malt Beverage licenses for the Clinton Store (Clerk's Office); and
(f) Consent Agenda approval of contract for consulting engineering services for Project No. 2010-18, Route 442 pavement reconstruction from Lawrence city limits to Wakarusa River Bridge (Keith Browning)
REGULAR AGENDA
(2) Update on Destination Management Inc. (DMI) (Judge Deanell Tacha, Chair of DMI)
(3) (a) Consider a request to rezone (Z-9-14-10) approximately 120 acres from County A (Agricultural) to County I-2 (Light Industrial), located west of E 700 Road and north of N 1800 Road (Farmer's Turnpike). Submitted by Paul Werner Architects for Rockwall Farms L.C.,property owner of record. (Lawrence/Douglas County Metropolitan Planning Commission voted 8-0 to recommend approval and Lecompton Planning Commission voted 5-0 to recommend approval of Item 1 on 10/25/10) Mary Miller is the Planner.
(b) Consider adoption of a resolution to rezone 97.16 acres from County A (Agricultural) to County I-2 (Light Industrial) in Section 14, Township 12S, Range 18E in Douglas County, Kansas.
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, November 10, 2010 with all members present.
CONSENT AGENDA 11-10-10
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 10-028 and 10-029(on file in the office of the Clerk);
► Resolution 10-24 granting Cereal Malt Beverage Licenses to Clinton Marina, 1329 E 800 Rd., Lawrence, KS;
► Resolution 10-25 granting Cereal Malt Beverage Licenses to Clinton Submarina, 1329 E 800 Rd., Lawrence, KS;
► Resolution 10-26 granting Cereal Malt Beverage Licenses to The Clinton Store, 598 N 1190 Rd., Lawrence, KS;
► Resolution 10-27 granting Cereal Malt Beverage Licenses to Flamingo Enterprises/The Bird of Lawrence, 1626 E 1550 Rd., Lawrence, KS; and
► Engineering Agreement contract with Kaw Valley Engineers at a not-to-exceed cost of $9,236.00 for Project No. 2010-18, pavement reconstruction on Route 442 from the Lawrence city limits to the Wakarusa River Bridge.
Motion was seconded by Gaughan and carried 3-0.
PRESENTATION 11-10-10
Judge Deanell Tacha, Chair of Destination Management, Inc. (DMI), updated the Board on the activities of DMI, which oversees the Lawrence Convention & Visitors Bureau, Freedom's Frontier National Heritage Area, Douglas County Historical Society, Watkins Museum, and the Carnegie Library.
PLANNING 11-10-10
The Board considered a request to rezone (Z-9-14-10) approximately 120 acres from County A (Agricultural) to County I-2 (Light Industrial), located west of E 700 Road and north of N 1800 Road (Farmer's Turnpike). The application was submitted by Paul Werner Architects for Rockwall Farms L.C., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The subject property is located within three miles of the Lecompton city limits. The rezoning request was considered at a joint meeting of the Lawrence-Douglas County Metropolitan and Lecompton Planning Commissions. The property has immediate access to an improved arterial street (N 1800 Rd) and is in close proximity to the I-70/K10 Lecompton Interchange. A request [Z-11-19-08] was approved by the Board of County Commissioners on June 24, 2009 (pending the recording of a final plat) for a rezoning of the property east of the subject property to B-2 District with conditions for a rural conference center. The applicant intends to masterplan the two developments to ensure compatibility and will include both lots in the same plat.
The rezoning request was approved by the Lawrence-Douglas County Metropolitan Planning Commission with a 8-0 vote and the Lecompton Planning Commission with a 5-0 vote to recommend for approval on by the BOCC on October 25, 2010. Staff recommends approval of the rezoning request for approximately 96 acres from A (Agricultural) to I-2 (Light Industrial) District based on the following findings of fact:
I. Zoning and land uses of surrounding properties. The surrounding property is zoned A (Agricultural) with a rezoning to the B-2 District pending for a portion of the property to the east. Agriculture and rural residences are the primary land uses in the area, though a corporate retreat is approved immediately east of the subject property. The I-70 Kansas Turnpike and N 1800 Road, which is commonly referred to as the 'Farmer's Turnpike' are adjacent to the southern property line of the subject property.
II. Character of the area. The area is a rural area containing woodland, farmland and rural residences in close proximity to a major transportation corridor.
III. Suitability of subject property for the uses to which it has been restricted. The property as zoned would allow for agricultural uses, rural residences, animal hospitals, dog kennels, schools, country clubs and churches. The subject property is well suited for the uses to which it has been restricted and is also suited to industrial uses, including warehousing and light manufacturing.
IV. Length of time subject property has remained vacant as zoned.
The property has never been developed but has been used for agricultural purposes.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental effects on nearby properties could be prevented or minimized through the appropriate site design and buffering of the new facility and any changes to N 1800 Road that are recommended by the County Engineer.
VI. 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. There would be little gain to the public health, safety or welfare from the denial of the rezoning request since its impact to surrounding properties will be negligible with proper site design. The general public and the applicant could be negatively impacted by the denial of the rezoning request as the applicant may be unable to find a suitable location for the expansion of their facility in Douglas County. With proper site planning of the subject property, the negative impacts from denial of the rezoning request would outweigh the limited positive benefits.
VII. Conformance with the comprehensive plan. The proposed rezoning request is generally compliant with Horizon 2020 policies related to industrial development within the rural area of the county.
Miller added the location fits the general locational criteria for new industrial development within the exception of the requirement that the site consist of primarily minimum slopes. The goal of protection of Class II soils in this location is balanced by the transportation system and the criteria that supports industrial land use. In addition, Miller stated one of the requirements of the comprehensive plan is the applicant provide documentation that similar competitive sites were not available within the municipalities. The applicant did work with the City of Lawrence and looked at several other sites. There were no other sites available that met the applicant's needs or met their time table.
Flory asked if the Board will have the opportunity to review the site plan to ensure any issues are addressed, prior to further development. Miller responded that is correct and a site plan has been submitted and will come to the BOCC in a few weeks.
Gaughan asked what other industrial zonings we have in the County. Linda Finger, Planning Resource Coordinator, stated the major areas are along North 2nd Street, 24/40 Highway, 23rd Street and K-10.
Thellman asked for clarification regarding the locations on the "snowflake" map as potential sites for industrial parks. Scott McCullough, Planning Director, stated Chapter 7 gives details about the areas listed on the "snowflake" map as being areas of interest for industrial use, with transportation and proximity to urban services. However, under Chapter 7, we have the ability to consider other sites not on the map and use the general criteria to analyze a request.
Paul Werner, Paul Werner Architects, stated the proposal tonight is the I-2 zoning of approximately 96 acres. We have already submitted a preliminary plat that g s to the Planning Commission on Monday, November 15. Site plans have been submitted for the Berry Plastics lot and for The Woods.
Ross Freese, Berry Plastics, stated the expansion project started approximately four years ago with 460 employees. The commitment was made to add 154 employees. Today there are approximately 800 employees. That number could grow to 900 during peak production times. Berry currently has 304,000 square feet of leased space, and 233,000 square feet of space in Topeka. Beyond that, they have approximately 100 trailers used to provide temporary storage. The main facility is landlocked with little or no room to accommodate and add on. The reason Berry chose this site is the layout of the topography, access to I-70 and the fact the site can accommodate future expansion. He also indicated that Berry Plastics had not yet made a decision on the use of the recovery zone bonds. Freese stated the new warehouse will open up more space at their production site, expanding manufacturing and possibly creating more jobs. It will also allow them to better compete with other Berry Plastics plants across the country, whenever new lines of production are added.
Thellman asked Freese if Berry plans to manufacture in the new location in the future. Freese responded "no" that he d s not plan to. The main plant is the lifeline of the company because of modeling and thermal processes. The new location is not served by rail and that will probably not change. Thellman asked if there are plans to expand further. Freese replied any expansion would be for more warehousing.
Thellman stated staff had mentioned at the Planning Commission meeting the possibility of conditioning this zoning to what Berry is planning to use the facility for. McCullough responded that the Planning Commission also discussed that possibility, but finally concluded to concur with the staff recommendation not to limit the conditional uses because the facility met the criteria for industrial property.
Thellman asked if the property was vacated by Berry and someone else took ownership, would the limited fire protection be a concern. McCullough responded that part of the reason we have limited amount of industrial zoning in the unincorporated area is because it takes a certain level of service to intensify the use much past warehousing. Warehousing is a low impact use in terms of a need for water, sewer capacity, and response to hazardous chemicals. So it is a bit self regulating. McCullough added with each submittal, staff will determine if the services and the infrastructure can be supported.
Gaughan asked if the uses with I-2 can be self regulating. McCullough responded they could be. For example, some manufacturing processes can be very water intense, demanding much greater volumes of water than the rural water districts can provide.
Gaughan asked for a description of the 16-18 dry presses that will be used on site. Freese stated the manufacturing process used is essentially printing on blank cups. The process used d s not use any significant amount of water.
Gaughan asked the applicant to discuss traffic. Werner stated currently there are 4300-4400 vehicles a day on Farmer's Turnpike. Truck traffic would be about 1 per hour or 20 trucks per day. Farmer's Turnpike is rated to run 10,000-11,000 vehicles per day. Today it is at about 50% capacity. The traffic study shows in 2030 the capacity will only be at about 75%. The west entrance has been improved. The existing west bound decel lane will be extended 25 ft. An east bound left turn lane into the facility will also be provided. There will be two lanes, a right and left turn, and a third lane for entering the site. Where E 700 Road was, another right decel lane will be added for entrance to The Woods. Also sewer will either be a lagoon system or drip irrigation system. The owners have made arrangements to obtain a water meter from RWD#6, with a maximum allowance of 1.6 million gallons per year. The city is prepared to sell RWD#6 an additional 10 million gallons a year, if requested. They are looking at an underground storage tank for fire protection. Ponds will provide detention and added amenities for The Woods.
Flory asked Keith Browning, Public Works Director, to address the traffic issues. Browning stated this is adding trucks to the road, but it is well within the capacity of the road. Currently there are about 450 trucks on the road per day and Berry would be adding approximately 50. Browning agrees with the proposed improvements to the road. The E700 Road was designed to meet minimum standards for 55 mph, which is what the road is posted at. Since traffic is averaging 63 mph, a sign will be put up regarding site distance.
Thellman opened item for public comment.
Paul Bahnmaier, 393 N 1900 Road, stated he endorses the facility as it will positively affect the community. The manner, in which the landscaping has been addressed, will favorably impress the tourists who visit Lecompton. This shows how history and economic development can work together. He stated this represents an example of how the County, City and Chamber of Commerce have always encouraged local companies to expand rather than spend thousands on trying to draw in outside companies.
Charlene Winter, 638 N 1800 Road, stated she is the closest neighbor to the proposed warehouse. She stated she wants to thank Berry Plastics and Tom Fritzel for working with the community on this project. She would like to see the speed limit on N 1800 Road lowered because the road has been improved and people are driving faster. She also stated a concern about site distance when turning out of the location on to the township road to the east. However, Winter said she d s hope the project g s in.
Tom Kern, President of the Chamber, stated this is a critical project to Lawrence and Douglas County. Berry is now the largest private employer in Lawrence, surpassing Hallmark. He commended Berry and the Fritzels for their efforts to include the neighbors and property owners in the process in such a way most of the neighbors' questions were handled upfront. Kern also stated the applicant examined many sites, but this one fits for Berry.
Thellman closed the public comment.
Gaughan stated a lot of the concerns were addressed along the way. He appreciates the time the applicant has taken to listen to concerns about storm water and traffic. Gaughan stated he is impressed with the storm water management plan. He is looking forward to seeing the next vision for the adjacent property. He stated he supports this project.
Flory stated he also supports this request. It is highly supported by the people of Lecompton Township and he feels this will be a long-term benefit to that part of the county. Berry has been an excellent corporate citizen for Lawrence and he realizes the benefit it will have to Douglas County. Flory stated he is not concerned about setting a precedence of allowing industrial zoning in the unincorporated area of the county because each request has to come before the Board on its own merits. It is our responsibility along the Planning Commission and staff to exercise judgment.
Thellman stated she still has some concerns. The Board and staff have spent a long time on the Comprehensive Planning setting out principles to discourage sprawl and to be thoughtful about our natural resources and infrastructure dollars. It's been tough to think about this project. In this moment given, given work that's been done to alleviate people's concerns on traffic, fire protection and use of site, along with the potential for building for a local manufacturer in our community and for the thoughtful consideration soil of concerns, she is ready to be supportive. Thellman feels the applicant has worked hard with the neighbors and township and in the best interests of the community. This shows Berry will be a good neighbor. With some reservation, Thellman supports this project.
Flory moved to approve Resolution 10-28 related to and amending a regulated planning and zoning district classification of 97.16 acres within the unincorporated territory of Douglas County from "A" (Agricultural District) to "I-2" (Light Industrial District), referencing rezoning request Z-09-14-10. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 11-10-10
Thellman moved to approve wire transfers in the amounts of $6,570.01 paid on 11/10/10, $400,000.00 paid on 10/29/10, and $18,734.18 paid on 10/29/10; accounts payable in the amount of $1,468,545.81 paid on 11/04/10 and $794,732.35 paid on 11/11/10; payroll in the amount of $836,898.36 paid on 11/10/10; FICA in the amount of 61,770.53 paid on 11/05/10; and KYPERS in the amount of $74,952.50 paid on 11/05/10. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 11-10-10
Thellman moved to appoint William Amison to the Community Corrections and Youth Services Advisory Board for a three-year term to expire in November 2013. Motion was seconded by Gaughan and 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