Meeting Information
Amended Agenda
WEDNESDAY, AUGUST 3, 2011
4:00 p.m.
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of acquisition of right-of-way for bridge replacement project No. 23C-4123-01; County Route 1057; Bridge No. 13.00N-19.00E (Keith Browning)
REGULAR AGENDA
(2) Consider Contract Award for Mailing Services (Jackie Waggoner)
(3) Consider Request to Extend Banking Services Contract (Jackie Waggoner)
(4) Executive Session for the purpose of consultation with the County Counselor on a matter which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
(c) Miscellaneous
(d) Public Comment
RECESS
Reconvene at 6:35 p.m.
(6) Z-3-9-11: Consider a request to rezone approximately 209 acres from A (Agricultural) to R-T (Rural Tourism), located at 778 E 1300 Rd. Submitted by Grob Engineering Services, for Sadies Lake LC, property owner of record. (PC Item 5; approved 8-1 on 5/23/11) Mary Miller is the Planner.
(7) Adjourn
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, August 3, 2011 with all members present.
CONSENT AGENDA
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-023 (on file in the office of the Clerk);
Motion was seconded by Gaughan and carried 3-0.
PURCHASING 08-03-11
Jackie Waggoner, Purchasing Director, asked the Board approve the negotiated proposal for mail services. The current contract with Stampede Mailing Services has expired. The City and County offered participation to other agencies which included the University of Kansas, Lawrence Memorial Hospital, Bert Nash Community Mental Health Center, Lawrence-Douglas County Health Department and Douglas County Visiting Nurses who are included in the joint bid. The terms of the contract would be for one year with the option to renew annually for an additional four years and includes a six month trial period. Bids were received from KC Presort, Strahm Automation and Stampede Mailing Services. The consensus of the review committee was Stampede offers a more competitive proposal. The estimated cost savings is $5,450 per year the Douglas County.
Flory opened the item for public comment. No comment was received.
Gaughan moved to approve the negotiated proposal for mailing services and award the contract to Stampede Mailing Services. Motion was seconded by Thellman and carried 3-0.
PURCHASING 08-03-11
The Board considered the extension of banking services with UMB Bank. In 2007, Douglas County established a contract with UMB Bank for depositary and banking services of active funds for a term of one year with the option to renew for four additional years concluding in January 2012. After reviewing the contract with the County Treasurer, staff asked the Board to consider the contract extension.
Thellman moved to extend the banking services contract up to two additional years with UMB Bank and authorized administrative approval for minor changes to the second year extension. Motion was seconded by Gaughan and carried 3-0.
EXECUTIVE SESSION 08-03-11
At 4:10 p.m., Flory moved to recess into executive session for 50 minutes (until 5:00 p.m.) for the purpose of consultation with the County Counselor on a matter which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County. Attendees included Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Sarah Plinsky, Assistant County Administrator. Motion was seconded by Gaughan and carried 3-0.
At 5:00 p.m., Flory extended the executive session for an addition 30 minutes (until 5:30 p.m).
The Board returned to regular session at 5:25 p.m. No action was taken.
ACCOUNTS PAYABLE 08-03-11
Thellman moved to approve accounts payable in the amount $588,752.70 to be paid on 08/04/11; wire transfers in the amounts of $1,337,202.50 paid on 07/29/11 and $98,387.92 to be paid on 08/04/11; payroll in the amounts of $819,569.61 and $12,466.80 paid on 06/15/11, $1,836.60 paid on 06/17/11, $806,472.97 paid on 07/20/11, $794,469.53 paid on $07.20.11, and $781,752.52 paid on 07/27/11, FICA in the amounts of $140.50 and $61,346.46 paid on 06/17/11, $58,502.23 paid on 07/01/11, $59,406.60 paid on 07/15/11, and $59,992.58 paid on 07/29/11; and KPERS in the amounts of $78,688.70 paid on 06/17/11, $82,146.32 paid on 07/01/2011, $83,303.03 paid on 07/15/11,and $80,213.15 paid on 07/29/11. Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 08-03-11
Flory moved to approve acquisition of right-of-ways for six (6) parcels for bridge replacement Project No. 23C-4123-01; County Route 1057; Bridge No. 13.00N-19.00E. The project is currently scheduled for the January 2012 KDOT bid letting. The written offers were sent to the appropriate landowners.
Flory moved to approve the total amount of $17,350.00 for the six (6) parcels for the Acquisition of Construction Easements. Motion was seconded by Gaughan and carried 3-0.
RECESS
Gaughan moved to recess until 6:35 p.m. Motion was seconded by Thellman and carried 3-0.
RECONVENE 08-03-11
The Board reconvened at 6:35 p.m.
PLANNING 08-03-11
The Board considered Z-3-9-11, a request to rezone approximately 209 acres from A (Agricultural) to R-T (Rural Tourism), located at 778 E 1300 Road. The application was submitted by Grob Engineering Services, for Sadies Lake LC, property owner of record. The Planning Commission approved the item on an 8-1 vote on May 23, 2011. Mary Miller, Lawrence-Douglas County Metropolitan Planning staff, presented the item.
Miller stated there were two issues raised by the neighbors: 1) the size of the cottage house was not on the plan and 2) the issues of hunting on the property. It was discussed that according to a case in Shawnee County heard by the Kansas Court of Appeals, Corbet vs. Board of Shawnee County Commissioners, hunting is an agricultural activity and d s not require a Conditional Use Permit.
Staff recommends approval of the rezoning request for approximately 209 acres from A (Agricultural) District to R-T (Rural Tourism), with a reduced buffer width of 150 feet along the west property line with a recommendation for approval based on the following findings of fact:
I. Zoning and land uses of surrounding properties. This is a rural area that is zoned for, and primarily used for, agricultural uses. Rural residences and woodlands are also present. The R-T Zoning and rural tourism use would be compatible with the zoning and land uses of surrounding property.
II. Character of the area. This is a rural area with the following features which are defined as environmentally sensitive lands in the Subdivision Regulations: stream corridors, regulatory floodway and floodway fringe, and stands of mature trees which are part of a larger contiguous network. In addition to these features, steep slopes and high quality soils are also located in the area. The R-T Zoning and rural tourism use is intended to preserve these resources which would serve to maintain the rural character of the area. The R-T Zoning is compatible with the character of the area and should serve to maintain and enhance it.
III. Suitability of subject property for the uses to which it has been restricted. The property is suited for uses permitted in the Agricultural zoning district with some limitations due to the topography and tree cover. The property is suited for uses allowed within the Rural Tourism District as the purpose of the district is to permit uses that integrate with and maintain the rural character of the property.
IV. Length of time subject property has remained vacant as zoned. The property is currently developed with a residence and an accessory cabin. The residence will be divided from this parcel with a homestead exemption survey and is not a part of this rezoning request.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The use should have minimal impact on nearby properties. The most intense use being proposed, the lodge, will be located within the interior of the site, on the east side of the pond, so it should have minimal impact on nearby properties. Exterior lighting will be reviewed at the site-planning stage to protect nearby properties from light-trespass or glare. The buffer should adequately buffer the adjacent properties from the use, even with the reduced width of 150 ft on the west due to the grade change and wooded nature of the buffer. The road used to access the facility is a rock road. If it is determined that the generation of dust by traffic accessing the site may have a negative impact on nearby residences at the site planning stage, the applicant should participate in a dust palliative program for the residences on E 1300 Road.
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, if any, gain to the public health, safety or welfare from the denial of the rezoning request. The use would be possible under the A Zoning but would require the approval of a Conditional Use Permit. The rezoning benefits the applicant by providing a longer term approval for the proposed use. The rezoning benefits the general public as well by limiting the permitted uses to those which would maintain and enhance the character of the area, which includes environmentally sensitive lands and high quality soils.
VII. Conformance with the comprehensive plan. The proposed rural tourism use will integrate natural resources and the rural environment, which include woodlands, floodplain, and high-quality soils. The proposed use is designed to minimize the impact on these areas while incorporating them into the use. The tourism use will utilize public water, is located at least 3 miles from other rural tourism use, and will maintain the 200 ft buffer area around the perimeter with a 150 ft buffer along the west side if the County Commission approves this width. However, the proposed use d s not take direct access from an improved arterial roadway.
As the exhibit in Attachment D illustrates the property is located within 1500 ft of the realigned Hwy 59; however, access to Hwy 59 is available approximately 2 miles away. As shown on the following graphic, vehicles would travel north on the access road (E 1300 Rd) to N 900 Road to
access the realigned Hwy 59. N 900 Road crosses realigned Hwy 59 and connects with the old highway. Vehicles may then travel north or south to access the realigned highway. The access to realigned Hwy 59 is one mile to the north, so this would be the quickest route. The access road
(E 1300 Rd) will be maintained by KDOT up a point near the facility and the nearby residences, marked with green shading on the figure below. There are very few residences in this area, with 4 residences being directly across the subject property, one on the property and one located to the north.
The nature of some tourism uses, in this case a secluded natural area, would prevent their location on an arterial road.
Some rural tourism uses would require direct access to an arterial road, to alleviate traffic issues on rural roads. The traffic information the applicant submitted indicated that the maximum trips per day anticipated with this use when fully developed would be between 25 and 100 trips. This amount of traffic could be accommodated by a rock road. The intensity and nature of the use being proposed would not require placement along an arterial roadway. Dust palliative treatment may be required at the site planning stage to alleviate negative impacts to nearby residences. Based on the information above, the subject property substantially meets the criteria for Rural-Tourism commercial zoning.
AND subject to the following condition:
1. The rezoning will not be placed on the Board of County Commission's agenda for consideration until the Rural Water District has determined adequate water capacity is, or can be made, available to serve the facility.
Dean Grobe, representing the property owners, gave a history of the project. The applicant is requesting a variance in buffering from 200 feet to 150 feet on the west side of the property for cabin placement. Grobe stated the owners will have to decide on the hunting issue. They have no intention of using the site for commercial hunting which is not the same as ag hunting.
Flory commented that according to the Court of Appeals case, counties do not have the ability to limit hunting on agricultural ground. The Board cannot attach any type of hunting restrictions. Miller responded that even commercial hunting is considered an agricultural use.
Flory opened the item for public comment.
Robert Eye, representing Newton McCluggage, stated concerns about the size of the club house and number of people it will accommodate; the noise factor to the surrounding neighbors; and the area becoming commercialized affecting the character of the area. Eye stated Horizon 2020 says rural areas will remain rural with one exception being Rural Tourism, but it comes with exceptions. He also questions the direct access from the property to an arterial road.
Bill Mitchell, 1201 Emery Road, stated concerns about 1) the statutory buffer, 2) required notification to neighbors before any change of size to the site plan and 3) conditions put on hunting, like use of a bow and arrow for deer hunting or small shot guns for turkeys.
Stan Zaremba, 718 E 1300 Road, stated he was once almost hit by a stray bullet. He is not against the development, only the hunting.
Carol Keen, 765 E 1400 Road, also stated concerns about hunting and the increase in noise.
Natalya Lowther, 1480 N 1700 Road, stated concerns about bringing people in from other states. She asked if background checks would be required. She feels tourism brings in crime.
Dan Watkins, attorney representing the developer, stated this is a great site and sharing it with others is what agri-tourism is all about. Safeguards can be done through the site plan to make sure there are no characteristics that will be unwelcome. In terms of hunting, he feels the more people at this location the less you will see hunting. On the floodplain issue the Planning Commission voted 8-1 in favor of the variance.
Thellman asked if the developer can still fit in the 13 cabins without the variance. Watkins stated "yes" but placement would look better at 150 feet instead of 200 feet. Thellman asked if he was willing to consider the neighbors' concerns. Watkins stated he is willing to discuss concerns with the neighbors outside of the meeting.
Flory stated on the hunting issue, this land is currently zoned agriculture. The courts have said hunting is an agricultural activity that can't be regulated by our governing body. He is sympathetic to concerns, but hunting can't be controlled by this Commission. On the issue of rezoning, many of the concerns stated are in fact issues that cannot be appropriately addressed tonight, but we will see them on the site plan or development coming forward. He fully agrees with the request from the surrounding property owners on asking for notification of changes. That is provided by statute and should include all adjacent properties, not just 1000 feet. On the arterial road, that is one thing in the regulations that should be considered and not required or mandated. One thing we look at with the arterial is the traffic volume. The arterial road is a consideration but not a stumbling block. The concerns about size and traffic, cabins and code are issues we will look at if rezoned when the applicant comes in with a site plan. We believe the RT zoning is appropriate for the growth of this county. Flory stated he thinks the applicant has done a good job of putting together a project that will enhance our county and will fit within the rural setting if it meets the rigorous site plan conditions. This is the type of project we envisioned when we passed the Rural Tourism zoning district. He supports the request with the condition that with any rezoning approval we take all steps necessary to notify all adjacent property owners of any site plans that would be considered by this body.
Gaughan stated he agrees with Flory's analysis. The conceptual site plan goal shows hiking trails, horseback riding trails, and a vineyard which incorporates a lot of the basic characteristics that we discussed when creating this zoning district. He feels this plan is in substantial compliance. Regarding the arterial, he feels the proximity to a major road makes sense. Regarding the buffer of 150 feet vs. 200 feet, he asked if the cabins will be separated from the buffer line. Grobe added the buffer zoning allows for more impact for the cabins to be up in the trees further. As far as hunting, there is nothing to procure that from happening now. He supports the request.
Flory added the 200 foot buffer was imposed when creating the district, but the objective was to have some a semblance of buffer. He stated he d sn't see the 200 feet to be set in stone.
Thellman asked if the center was not created for hunting, could the owners find a way to put the neighbors at ease. Flory replied the Board cannot discourage something they have no jurisdiction over.
Thellman added that the 150 foot request for buffing would not change the number of cabins, only the way they are more thoughtfully placed. She agreed the east and west side neighbors should be notified of any changes. If the Board were able to do something about hunting conditions, she would have supported that. Thellman commented that this is a fabulous way to use natural resources and will support the request.
Flory moved to approve the rezoning for approximately 209 acres from A (Agricultural) District to R-T (Rural Tourism) District with a reduced buffer width of 150 feet along the west property line, and with the above listed condition and the additional condition that upon any site plan consideration, or anything coming before Board, notice will be given to all adjacent property owners or within 1000 feet. Motion was seconded by Gaughan and carried
3-0. (Due to a protest petition, the item required a unanimous vote to pass.)
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