Meeting Information
WEDNESDAY, OCTOBER 21, 2015
6:00 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of FY15 Year End Outcome Report for Community Corrections
(Deborah Wright);
(c) Consider accessing NJPA Contract for a brush chipper for Public Works (Doug
Stephens/Jackie Waggoner);
(d) Consider vehicles purchases for Public Works utilizing the MACPP Contracts (Doug Stephens/Jackie Waggoner)
REGULAR AGENDA
(2) Deferred from the 10CUP-13-00281: Extension request for Conditional Use Permit approval and a revised site plan for Public Wholesale Water Supply District #25 water treatment plant on approximately 28 acres northeast of the intersection of N 1500 and E 1750 Roads. The CUP was approved by the Board of County Commissioners at their September 23, 2013 meeting. Mary Miller is the Planner.
(3) Discussion of wind energy zoning next steps (Eileen Horn)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
October 21, 2015
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, October 21, 2015 with all members present.
CONSENT AGENDA 10-21-15
Flory moved approval of the following Consent Agenda:
► FY15 Year End Outcome Report for Community Corrections;
► Authorized staff to access the National Joint Power Alliance (NJPA) contract to purchase a brush chipper through K.C. Bobcat in the amount of $66,727.20;
► Approval to access the MACPP regional cooperative vehicle contact with Shawnee Mission Ford as follow:
Shawnee Mission Ford; 2 ea F-150 $47,713.00
Landmark Dodge; Jeep Cherokee $27,836.60
Total Cost $75,549.60
Motion was seconded by Thellman and carried 3-0.
Note: Commissioner Flory asked to have staff revisit the contract process to vehicle purchases as it eliminates local dealers. If the savings are not substantial he would like to consider local dealers.
PLANNING 10-21-15
The Board continued discussion on P-13-00281, an extension request for a Conditional Use Permit approval and a revised site plan for Public Wholesale Water Supply District #25 water treatment plant on approximately 28 acres northeast of the intersection of N 1500 and E 1750 Roads as deferred from the October 14 meeting.
Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff made no further presentation.
Flory opened the item for public comment.
Abbie Hodgson, who lives directly across from proposed site, stated she feels like this project keeps growing and growing as the foot print has increased substantially. She is afraid if the project is approved the applicant will come back and ask for more. Hodgson asked for the following changes: the parking and the building to be set back further from the road, to require a comprehensive landscaping plan, and she stated she has a substantial concern about the height of the building.
Flory stated there was an explanation from the applicant at last week’s meeting regarding the need for the building change. He added there is nothing to stop a farmer from putting a hay barn three times the size of the proposed structure, and it wouldn’t require a permit. The tree screening is something that is determined by Planning Staff.
Scott McCullough, Director of Planning, addressed the screening. The location of the building has more to do with the floodplain issue rather than a desire to be close to the road. The building must be positioned out of the floodplain. As far as the trees, evergreens are a standard condition. It could be reasonable to add a mix of deciduous trees.
Thellman asked if the building could be offset to the east on the site. John Ruckman, Bartlett and West, said it would be tight to move the building to the east because of the lagoons. The trees in front of the lagoon would have to be removed.
Hodgson said she would rather not have the trees removed and leave the building as proposed.
Gaughan asked if the applicant could replicate the natural screening on the east to the west side of the property. Ruckman replied he is not sure you would want to replicate the trees that are there; they are scrub. He is happy to discuss different types of trees.
There was discussion on the building changes. If approved the site plan would add 6,875 square feet to the facility and 15 feet in height, 12 parking places, two lagoons and a larger water storage tank. All machinery will be inside the facility.
Gaughan said he understands our options are limited, but wants to acknowledge this is a lot different plan than what we discussed before. He prefers the applicant do whatever he can to minimize the effect on the neighbor to the south, and he wants to know the neighbor is comfortable with the screening.
McCullough said he suggests adding more screening along the road with a mix of deciduous trees and conifers in a layered fashion with a landscape plan to make a fuller screen, and to bring this plan to the neighbor and make it part of the file for the south and west sides of the property.
Thellman stated she would like to see trees with some maturity put in so it doesn’t take years to provide screening.
Flory said understands the neighbors concerns but we need to move forward. It’s a utility that supplies water for thousands of people. Things have to be built and we do what we can to make it compatible.
Flory moved to approve P-13-00281, an extension request for Conditional Use Permit approval and a revised site plan for Public Wholesale Water Supply District #25 water treatment plant on approximately 28 acres northeast of the intersection of N 1500 and E 1750 Roads with the following revised CUP conditions:
1) The CUP shall comply with the terms, conditions, and limitations specified in the Division of Water Resources permit.
2) The property shall be platted prior to release of the Conditional Use Permit plan to Zoning and Codes.
3) The provision of a revised Conditional Use Site Plan with the following changes:
a. Delineation of a wooded area near the east side of Tract 2 that is 20 ft wide and extends 240 ft north of the south property line, and the addition of the following note: “The trees and other vegetation in this area will be retained to screen the facility from the east. In the event the trees are removed, native conifers will be planted on 30 ft centers to provide screening.”
The following revised note should be added to the plan: “If the trees and other vegetation in the areas designated for protection
on Tract 2 are removed or damaged to the ex tent they no longer provide screening, native conifers will be planted on 30 ft centers, as needed, to provide screening.”
b. Note the revision date on the plan.
c. Show one ADA accessible parking space on the plan, with dimensions. This space shall also be marked and signed on site.
d. Floodplain boundary lines readjusted to match the FEMA maps.
e. Addition of the following note: “A Floodplain Development Permit shall be obtained from the Douglas County Zoning and Codes Office prior to the placement of any fill in the 100 year floodplain. No fill is
permitted in the floodway.”
f. Dimensions added to the access drive; and
With the added condition regarding enhanced screening to meet the satisfaction of the Planning Staff with consultation with the neighbors, but leaving the size of trees to the Planning Staff. Motion was seconded by Gaughan and carried 3-0.
WIND MORATORIUM 10-21-15
Eileen Horn, Sustainability Coordinator, discussed the next steps regarding win energy in Douglas County.
It has been almost two years since Douglas County received a request for a wind energy system. In November 2013, NextEra Energy submitted an application for a Conditional Use Permit (CUP) to install meteorological towers for wind speed measurement in two locations in southeastern Douglas County. Given the lack of zoning regulations or large commercial wind development and questions raised by residents, the Commission decided in December 2013 to establish a temporary moratorium on large wind energy conversion systems. In February 2014, the County held a study session on wind energy development and heard from the developers, staff and regional experts. The Commission has voted several times to extend the moratorium. The applicant did not complete the required CUP process and thus the application has expired. It was discovered in June 2015 NextEra had installed towers close to N 400 and E 1000 Roads without a permit. The towers have since been removed.
Horn asked direction from the Board to move forward with this topic. Staff requested 1) a two tier system for regulation on wind towers/turbines. This system would consider small personal wind turbines for residential or small commercial use separately from large commercial wind farms; 2) feedback on whether to extend the moratorium and create regulations or let the moratorium expire; and 3) discuss appropriate locations within Douglas County and/or identify potential geographic restrictions.
Horn suggested setting a scale for the wind system. It was the consensus of the Board that moving forward there needs to be a separate process splitting out small wind towers from larger commercial towers.
Horn then suggested drafting several models outlining setbacks, height restrictions and size limitations that would keep it to a personal scale.
Scott McCullough, Director of Planning, said the personal ones are on the scale of a windmill for a well or different energy use and designed to bypass public process. By right, if they meet the criteria, a permit is issued. It can still be a CUP process if preferred but a different application than a monster-sized commercial application.
Gaughan said he doesn’t necessarily agree with skipping the public process. He sees the personal ones as the size of a chimney. McCullough said there are different levels of process.
Flory said he wants to give neighbors an opportunity to be heard.
Horn said the economics of the small wind turbines will keep them from being too big because we don’t have net metering legislation that would allow someone to over produce, sell back power and make money. Unless there is a really large intense commercial user on a site you wouldn’t build a large one.
Thellman said wind turbines fit the criteria of the type of sustainability we are trying to promote though we don’t want to create wars inside of neighborhoods.
Flory is concerned about only having an administrative process.
Horn discussed the extent of the wind energy regulations. Other counties have from zero to complex regulations. The County Counselor has suggested middle of the road regulations with a CUP process to weigh in on the impacts.
John Bullock, County Counselor, stated he is inclined to think this Board would go with a less detailed, more case by case approach. The Board could look at this like they would a quarry. The people that develop these types of projects like to have a sense upfront whether the project is likely to work and to have some guidelines useful on what information the applicant will need to provide. The Board can request an impact study and have an application process and impose conditions as they feel are warranted.
Flory asked if we would be looking at a CUP, which is allowing a use within zoning, or a zoning district where the area would have to be rezoned. Bullock responded in his research he finds, which is not exhaustive, the approach most prevalent is a CUP where the use would be a conditionally permitted use in a particular zoning district or all zoning districts. It is the Commissioners decision on how to approach it, whether it is conditionally permitted in some of our zoning districts or all. If the Commission intends to create a place that can be done, then this needs to be thought about differently.
Flory said it would appear more onerous for an applicant with a CUP process.
Bullock said he is hearing the Board prefers the applications be considered on a case by case basis. The Commissioners agreed.
Flory opened the item for public comment.
Joy Wolff, 1605 E 318 Road, stated concerns about wind energy systems injuring eagles. There are 14 eagle nests in Douglas County. According to the National Bald Eagle Management Guidelines put out by the U.S. Fish and Wildlife Service, there should be no less than a .25 mile distance from an eagle nest for potential disturbance. Wolff said even when an entity closely follows guidelines, if an eagle were to be hit or die, the company is subject to prosecution and fines because eagles are endangered species.
Joe Harkins, Douglas County resident, stated wind energy is part of a rapidly changing market place and is a revenue producing activity which is very attractive for landowners. He feels this could be a significant source of revenue for Douglas County.
The Board directed staff to continue proposed schedule as listed below as proposed.
Between now and July of 2016, staff proposes the following timeline:
• November 2015: Direction provided by the Board of County Commissioners and motion to initiate text amendment.
• January/February 2016: Planning Staff deliver text amendment to Planning Commission for public hearing.
• March/April 2016: Planning Commission recommendations provided to Board of County Commissioners for action.
• April/May 2015: Board of County Commissioners action/adoption of ordinance.
• July 2016: repeal of moratorium.
ACCOUNTS PAYABLE 10-21-15
Flory moved to approve accounts payable the in the amount of $2,297,188.26 to be paid on 10/22/15. Motion was seconded by Thellman carried 3-0.
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date