Meeting Information
The County Commission will meet at 4:00 p.m. for administrative items and at 6:35 p.m. for public interest items. Please see the 4:00 p.m. meeting for the complete agenda.
Flory called the regular session meeting to order at 4:00 p.m. on Wednesday, July 6, 2011 with all members present.
MINUTES 07-06-11
Flory moved to approve the minutes for April 27, June 8 and June 15, 2011. Motion was seconded by Gaughan and carried 3-0.
(The consideration of the minutes for June 1, 2011 was deferred to the next meeting)
CONSENT AGENDA 07-06-11
Flory moved approval of the following Consent Agenda:
► Resolution 11-22 reappointing the District Coroner and Deputy district Coroners for the Seventh Judicial District for a four year term commencing on January 8, 2011.
Motion was seconded by Thellman and carried 3-0
Pulled from the agenda:
RESOLUTION 07-06-11
Gaughan moved to approve Resolution 11-21 of the Board of County Commissioners of Douglas County, Kansas providing direction to the Lawrence-Douglas County Planning Commission for additional consideration of the Northeast Sector Plan (CPA-6-5-09). Motion was seconded by Thellman and carried 2-1 with Flory in opposition.
GRANT APPLICATIONS 07-06-11
The Board considered the approval of Consolidated Planning Grant (CPG) Applications to KDOT. Todd Girdler, Lawrence-Douglas County Metropolitan Transportation Planner, presented the item. The Metropolitan Planning Organization (MPO) and the Technical Advisory Committee (TAC) have determined the following three projects for the grant applications: Commuter Park & Ride Study; Fixed Route Transit and Pedestrian Accessibility Study; and Countywide Bikeway System Plan. It was determined no match funding guarantee was needed for the application process.
Flory opened the item for public comment. No comment was received.
Flory moved approval for staff to submit grant applications for the above listed projects with the stipulation that no cash match was required by the County. Motion was seconded by Thellman and carried 3-0.
PLANNING/CONDITIONAL USE PERMITS 07-06-11
The Board considered the approval of CUP 4-3-11 for an indoor sports center, located at 1898 East 56 Road in Lecompton. The application was submitted by PLS Landscape for Price Property, LLC, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The building was originally constructed as an indoor equestrian arena. Staff recommends approval of a Conditional Use Permit for an indoor sports center/recreation facility located at 1898 E 56 road [SE 1/4 Section 11, Township 12, Range 17] based on the following findings of fact:
I. Zoning and uses of property nearby. The predominant use in the area is rural residential and agricultural with scattered county commercial uses located along Highway 40.
II. Character of the area. The subject property is located within Big Springs, a rural community located along Highway 40 in the extreme western portion of Douglas County. The surrounding property includes a variety of parcel sizes and a commercially zoned strip along the Highway.
III. Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the base, underlying zoning. The property is suitable for the business and residential uses to which it has been restricted and for the proposed recreation use.
IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" and "B-2" (General Business) prior to a 1984 zoning request (Z-7-10-84) that extended the commercial zoning along the highway. The property is currently developed with multiple buildings including residential, business and agricultural structures and uses.
V. Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request will allow for use of an existing building originally constructed for a business type use. The proposed use will be conducted indoors. The expected small group use of the building is not anticipated to have a detrimental effect on the surrounding area.
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. The approval of the CUP would provide additional recreation opportunities to the area. Additional traffic to and from the site is anticipated to be minimal since the proposed operation will mostly likely host one to two teams at a time. Gain to the public health, safety and welfare results from re-use of the existing building and expanded recreational options in the area. There is an identified hardship for the owner to find a viable use for and existing 17,600 SF building designed for a specific purpose.
VII. Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuance of CUPs, however the proposed use provides an active use of a large existing building on this property.
VIII. Professional staff recommendation. The subject property is not located within any identified Urban Growth Area. The application focuses on the reuse/conversion of an existing building. This request is located along an existing highway. The proposed use is intended to utilize existing built improvements located on the property. The proposed use will occur within an enclosed building and allow for activity during poor weather conditions. No physical changes to the site are proposed with this request.
AND subject to the following conditions:
1. Provision of note on the face of the plan that states: the facility is not an event facility and that the use is restricted to practice only.
2. Provision of note on the face of the plan that states: prior to occupancy all applicable building codes shall be met for the proposed change in building use.
Flory opened the item for public comment. No comment was received.
Gaughan moved to approve CUP-4-3-11for an indoor sports center with the above listed conditions. Motion was seconded by Thellman and carried 3-0.
PLANNING/CONDITIONAL USE PERMITS 07-06-11
The Board considered the approval of CUP 4-2-11 for a preschool located at 2084 N. 1300 Road. The application was submitted by Kristine Lawhorn for the United Methodist Church in Eudora, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The existing church building includes office and classroom space used for religious education. No physical changes to the site are proposed. Staff recommends approval of the Conditional Use Permit for a preschool.
Flory opened the item for public comment. No comment was received.
Flory moved to approve CUP 4-2-11 for a preschool located at 2084 N 1300 Road, Eudora. Motion was seconded by Thellman and carried 3-0.
PLANNING/CONDITIONAL USE PERMITS 07-06-11
The Board considered the approval of CUP 3-1-11 for a retail nursery located at 1185 N. 1250 Road. The application was submitted by Lawrence Landscape Inc., property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The key feature of this request defines and limits the activity to nursery related sales and prohibits general assembly activities such as receptions, weddings and similar uses.
Staff recommends approval of a Conditional Use Permit for a retail nursery located at 1185 n. 1250 Road subject to the following conditions:
1. Approval of a local floodplain development permit prior to start of commercial retail operations.
2. The applicant shall provide a revised site plan with the following note: Chemical or compost toilets may be used only if approved by the County Health Official.
Flory opened the item for public comment. No comment was received.
Flory moved to approve CUP-3-1-11 for a retail nursery located at 1185 N. 1250 subject to the above listed conditions. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 07-06-11
Thellman moved approval of accounts payable in the amount of $235,740.40 to be paid on 07/07/11 and a wire transfer in the amount of $400,000.00 paid on 07/01/11. Motion was seconded by Gaughan and carried 3-0.
NOISE ORDINANCE 07-06-11
The Board continued discussion on the County Noise Ordinance from the June 15, 2011 meeting to amend the current resolution striking hours between 10 p.m. and 7 a.m. and adding under the exemptions, the lawful discharge of firearms between the hours of 7:00 a.m. and 10:00 p.m. or in connection with lawful hunting activities.
Flory opened the item for public comment. No comment was received.
Flory moved to approve Home Resolution HR-11-7-3 amending the resolutions prohibiting excessive noise within the unincorporated area of Douglas County, Kansas.
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