Meeting Information
6:35 p.m.
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider recommendation for contract of Youth Services security system upgrade (Jackie Waggoner/Pam Weigand)
(c) Consider approval of temporary easement acquisition documents associated with KDOT's planned project to replace the 23rd Street bridge just northwest of the Public Works Operations Division facilities (Keith Browning)
REGULAR AGENDA
(2) Consider approval of SP-3-12-11, a Site Plan for office addition to an agricultural facility located at 1676 E 1550 Rd. Submitted by Paul Werner Architects for Nunemaker-Ross, Inc, property owner of record. (Mary Miller is the Planner)
(3) Consider approving Comprehensive Plan Amendment, CPA-6-5-09, to Horizon 2020 - Chapter 14 to include the Northeast Sector Plan and adopt joint Ordinance No. 8591/Resolution for Comprehensive Plan Amendment (CPA-6-5-09) amending Horizon 2020 - Chapter 14 to include the Northeast Sector Plan. (PC Item 4; approved 5-4 on 9/20/10) (Dan Warner is the Planner)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Property Crimes Compensation Board 04/30/11
Lawrence-Douglas County Metropolitan Planning Commission 05/31/11
Board of Zoning Appeals 10/2011 (2 positions-current not eligible for reappointment)
Heritage Conservation Council
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Flory called the regular session meeting to order at 6:35 p.m. on Wednesday, May 11, 2011 with all members present.
PROCLAMATION 05-11-11
Flory read a proclamation and moved to declare the month of May 2011 as "Mental Health Month." Motion was seconded by Thellman and carried 3-0.
CONSENT AGENDA 05-11-11
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-018 (on file in the office of the Clerk);
► Accepted the amended proposal for a security system upgrade for Youth Services from Stanley Security Solutions in the amount of $296,250;
► Approval of temporary easement acquisition documents associated with KDOT's planned project to replace the 23rd Street bridge just northwest of the Public Works Operations Division facilities.
Motion was seconded by Thellman and carried 3-0.
PLANNING 05-11-11
The Board considered the approval of SP-3-12-11, a Site Plan for an office addition to an agricultural facility located at 1676 E 1550 Rd. The application was submitted by Paul Werner Architects for Nunemaker-Ross, Inc, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The subject farm property is approximately 55.54 acres. The site plan request added a 1,200 square foot office/accessory building to the existing site. The property is located within an industrial zoning district allowing the office to be used for other than agricultural purposes. The property is located in the Floodway Fringe Overlay District requiring a Floodplain Development Permit to be approved prior to release of the site plan for building permits. The County Code provides for an exception for septic systems placed in the flood plain. The septic system meets the exception criteria. A soil profile test required to determine the appropriate location of the septic system.
Flory opened the item for public comment. No comment was received.
Flory moved to approve Site Plan SP-3-12-11 for an office on the Nunemaker- Ross farm at 1676 E 1550 Road and subject to the following conditions:
The site plan shall be revised with the following changes:
1. Clearly delineate the boundary of the area being site-planned so it is clear that the Century Building Solutions, Inc property is not included.
2. Note the proposed floor elevation for the office.
3. Show the location of the water well to ensure adequate separation from the septic system.
4. Show the distance from the building to the north property line.
5. Remove the 52' dimensioned area shown adjacent to the lateral lines.
The site plan will not be released for building permits until the following
have occurred:
1. A soil profile test has been conducted with a Health Department staff person on site and the septic system location shown on the plan has been approved by the Health Department.
2. A Floodplain Development Permit has been obtained from the Douglas County Zoning and Codes Office.
Motion was seconded by Thellman and carried 3-0.
PLANNING/COMPREHENSIVE PLAN 05-11-11
The Board considered approving Comprehensive Plan Amendment, CPA-6-5-09, to Horizon 2020 - Chapter 14 to include the Northeast Sector Plan and adopt joint Ordinance No. 8591/Resolution for Comprehensive Plan Amendment (CPA-6-5-09) amending Horizon 2020 - Chapter 14 to include the Northeast Sector Plan. Dan Warner, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The Planning Commission approved the item with a 5-4 vote on September 20, 2010.
Warner stated the role of the sector plan is to help guide future development and anticipate development over a long period of time. He gave the history on the meetings and the drafts leading up to tonight's meeting. Staff received a large amount of public comment during the three drafts. The Planning Commission asked staff to consider the language option for considering Class 1 and Class 2 soils.
Flory opened the item for public comment.
Jerry Jost, 2002 E 1600 Road, pointed out areas he has concerns with throughout Northeastern Douglas County regarding storm water runoff and preserving Class 1 and 2 soils.
Charles Nova Gradac, 945 Ohio Street, stated he has concerns that development will create drainage issues for his orchard and he also wants to preserve Class 1 and 2 soils.
Ron Schneider, 1979 E 1600 Road, stated he has two main concerns: 1) flooding and 2) use of high quality soils. He feels no development should be approved until improvements to North Lawrence have been made to decrease flooding.
Barbara Clark, 2050 E 1500 Road, said we have already urbanized over 21,000 acres of class 1 and 2 soils with the largest section of Class 1 and 2 soils located in the NE Sector area. She stated it would make sense to choose areas that are not competing with the best soils for agriculture.
Hank Booth, Lawrence Chamber of Commerce, stated many more people were involved in the Sector Plan process, providing input and compromise. He feels there is no reason to restart the study process; the compromise is on the table.
Kim Sherman, Coordinator for the KU Student Farm, stated the Student Farm program is located in this NE Sector area on Class 1 soil. To allow development on this land sends a message to young farmers that we are willing to sacrifice the best soil for industry.
Phil T vs, 1961 N. 1200 Road, stated he is a chef and 90 percent of restaurant revenue is lost out of town because they purchase shipped in produce. We need to look at keeping our money here.
Ted Boyle, president of North Lawrence Improvement Association, stated the increase in home development in North Lawrence created storm water runoff flooding problems. He supports the original third draft.
Charles Marsh, 3309 Riverview, stated there needs to be a way to make it advantageous for the people who own the Class 1 and 2 soils to keep it that way. He has concerns over food shortages in the future.
Debbie Milks, 945 Ohio, showed photos of flooding in Sioux City, IA where the dam failed and there was a rain storm. She is concerned that development in NE Douglas County could create similar circumstances due to runoff.
Daniel Poull, 821 Ohio, commented that if only 20% of the money going out of the area would stay. We have an incredible opportunity to preserve Class 1 and 2 soils that can't be replaced.
Pat Ross, 1616 B, 1799 Road, Nunamaker Ross Farms, stated he owns land in the in Grant Township and grows produce on this property. He d sn't feel Douglas County is at risk for running out of cultivated prime farm land to sustain local food production.
Simran Sethi, 1333 New York, stated she is pro development, but the right kind of development. She feels as a community we need to recognize the value of our agricultural assets and natural resources.
RECESS
At 8:05 p.m. Flory recessed the Board for a 10 minute break until 8:15 p.m.
RECONVENED AT 8:15 P.M.
Frank Male, 861 E 2100 Road, Eudora, stated compromises have been reached on this plan. He urged the Board to approve the NE Sector Plan as recommended by the Planning Commission.
Natalya Lowther, 1480 N 1700 Road, stated when the pump station is unable to clear water immediately, her land comes underwater. She d sn't want to see more industrial development in this area.
Lane Williams, 1735 E 1500 Road, stated we need to be aware that the current levee system will be undependable at some point. We need to consider what the best public policy is for land owners and people in general.
Flory closed the public hearing.
Flory made several observations. It is a sector plan, a general generic description of a vision of potential use of land; just an option. The industrial use of land that at one point was considered for soil conservative agri-business and then became industrial is just an option. If categorized as industrial, it is just one option. It could continue to be agricultural for years or forever. If this land is considered for development and if it would take millions of dollars to correct the drainage issues, that would have to be addressed. This is a category of land not a mandate that it be developed. Flory stated that soil preservation is a concern to everyone, but Douglas County d sn't own that land. Neither do some of the people in this room. As an elected official, he feels government d sn't need to tell everyone what is best for them. Only when there is clear necessity for government to act should they act. Many of those with an interest in this land have agreed to the option passed by the Planning Commission. They saw that as a compromise. The food argument he d sn't find compelling. Flory stated it's important to conserve Class 1 and 2 soils, but we need to keep it in a real world perspective. He added he will not resist efforts to study the plan if the other commissioners wish to. However, he d sn't feel it needs to. Flory commented he would like to keep the option of development of industrial available, just in case. It would be tough to meet challenges to develop but it can be done.
Gaughan stated the thing he is most interested in is the North Lawrence Drainage Study and how it intersects with the decision made and sequences of events if this is passed. McCullough replied the North Lawrence Drainage Study has been used to determine what specific improvements would be required of any development proposal that comes in and what above and beyond that might be of any value to the community that we think is required as well.
Gaughan stated the study showed a $41 million improvement projected six years ago, which couldn't be all done at once, but he asked if the costs are still relevant. Matt Bond, City Storm water Engineer, said the $16 million was recommended for improvements inside the City limits and $25 million in improvements was recommended outside the city limits in Douglas County. He discussed in more detail the suggested improvements. In today's dollars the improvements will cost more.
Flory stated the study wasn't prepared in response to the sector plan, but prepared for drainage issues to decide if matters needed to be addressed then or continuing no matter what happened. Bond stated that is correct.
Thellman stated it was her understanding the study was ordered by the City to determine how development might progress after a previous commission significantly expanded the Urban Growth Area, against staff advice. Bond responded he d s not know the specific history, this all came before him. McCullough stated it is fair to say the study was ordered with development in mind and it was a plan to look at current issues to address some of the flooding issues today and a build out of a particular scenario.
Gaughan asked how different the development was at the time of the study than what is proposed now. McCullough replied the study looked at much more intense development than what is proposed in this sector plan.
Thellman stated that the discussion of food production on Class 1 and 2 soils is an important issue, but not the key issue for this sector plan. She stated that while we need to honor agriculture in that area in all its forms--big farms and small farms, conventional and organic--the most critical issue for the Northeast Sector Plan is the problem of flooding and storm water management. Thellman said she heard Flory say that just because we identify some land as purple on the map d sn't mean it will become industrial. He said any project will have a steep road because of all the obstacles, primarily storm water management. Thellman said that if the map shows green in the area that people want to industrialize, it d sn't prevent them from proposing an industrial project--it just d sn't send a signal that industrial development is encouraged when there are so many issues like the extraordinary expense of developing around flooding and storm water obstacles. She said this area is plagued with development problems, some of them fixable. Thellman stated she heard it said there was a grand compromise with this sector plan, but what she sees is language taken directly from Chapter 7 where the assumption was for industrial development and no significant or enforceable language regarding preservation of prime soils, not representing the year's long public discussion about trying to find a balance between the two. She stated she wondered by the second option, where the 50/50 compromise of allowing intense industrial development on some acres balanced with preservation of some acres wasn't chosen since it seemed like a truer compromise.
There was discussion by staff of needing to clarify what Soil Conserving Agri Industry was.
Flory moved to defer the item the June 1, 2011 meeting for further discussion.
RECESS
At 9:45 p.m. Flory recessed the Board for a five minute break.
ACCOUNTS PAYABLE 05-11-11
Flory moved to approve accounts payable in the amount of $732,977.42 to be paid on 05/12/11. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 05-11-11
Flory moved to appoint Kevin Harrell, to the Property Crimes Compensation Board for a three-year term to expire April 2014. Harrell will replace the expired term of Willie Amison. Motion was seconded by Gaughan and carried 3-0.
Flory moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
_________________________ ___________________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
________________________ ___________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date