Meeting Information
WEDNESDAY, MAY 11, 2016
4:00pm
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider a County Resolution consolidating Fire District No. 3 and Fire District No. 5 and
creating the Fire District No. 3 consolidate. (Craig Weinaug);
(c) Review and Approve the Juvenile Justice Continuation Grant for the first half of SFY
2017 July 1 through December 31st, and the Conditions of Grant Agreement between
Douglas County Kansas and Kansas Department of Corrections-Juvenile Services.
(Pam Weigand);
(d) Consider a County resolution waiving GAAP procedures for years 2015 and 2016
(Sarah Plinsky);
(e) Consider approval for Clerk’s office to upgrade current electronic poll book system
(Jamie Shew) and
(f) Consider approval of notice township for a cereal malt beverage license for an event for
Clinton Marina Parking Lot Special Event on June 18 (Clerk’s Office)
REGULAR AGENDA
(2) Consider approval of funding recommendations for the 2016 Natural & Cultural Heritage Grant Program (Jan Shupert-Arick)
(3) Stony Point: CUP-16-00035: Consider the renewal of a Conditional Use Permit for Stony Point Hall, a reception and banquet hall, on approximately 13.98 acres, located at 1514 N 600 Rd, Baldwin City. Submitted by Russell and Lucretia Carlson, property owners of record. (Mary Miller is the Planner)
(4) Pine Family Tree Nursery: CUP-16-00070: Consider the renewal of a 30.5 acre Conditional Use Permit for Pine Family Tree Nursery, Landscape Center, Retail Nursery, located at 1782 E 1500 Rd. Submitted by Landplan Engineering PA, for Pine Family Investments LC, and Sue A Pine, Trustee property owners of record. (Sandra Day is the Planner)
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Heritage Conservation Council (2) positions 05/16
-Community Corrections Board (2) positions 01/16 and 05/16
-Planning Commission (2) positions 05/16
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m..
(6) King’s Recycle Center: Z-16-00067: Consider a request to rezone approximately 77.5 acres from County A (Agricultural) District and VC (Valley Channel) District to County I-3 (Heavy Industrial) District, located at N 1300 and E 1750 Rds. Submitted by Landplan Engineering PA, for Dan King, Denise King, Kent King & Patricia King, property owners of record. Mary Miller is the Planner.
(7) King’s Recycle Center: CUP-16-00069: Consider a Conditional Use Permit for King’s Recycling Center, located at N 1300 Rd & E 1750 Rd. The CUP proposes the operation of a borrow pit and recycling of construction materials, as well as continued residential and agricultural uses on the property. Submitted by Landplan Engineering PA, for Dan King, Denise King, Kent King & Patricia King, property owners of record. Mary Miller is the Planner.
(8) Adjourn
May 11, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, May 11, 2016 with all members present.
CONSENT AGENDA 05-11-16
Flory moved approval of the following Consent Agenda:
► Commission Order No. 16-019 (on file in the office the County Clerk);
► Resolution 16-12 consolidating Fire District No. 3, Douglas County, Kansas and Fire District No. 5, Douglas County, Kansas and creating the Fire District No. 3 consolidated; providing for dissolution and disorganization of the Fire Districts consolidated herein; and fixing the amount of tax to be levied by the governing body of the consolidated fire district; and repealing all other county resolutions or portions of county resolution in conflict with this resolution;
► Resolution 16 Approve the Juvenile Justice Continuation Grant for the first half of SFY 2017 July 1 through December 31st, and the Conditions of Grant Agreement between Douglas County Kansas and Kansas Department of Corrections-Juvenile Services; the 7th Judicial District’s Prevention allocation is $18,599.50 and the graduated sanctions allocation is $230,972.11;
► Resolutions 16-13 waiving GAAP procedures (for 2015) by the Board of County Commissioners of Douglas County; and Resolution 16-14 waiving GAAP procedures (for 2016) by the Board of County Commissioners of Douglas County;
► Replacement of current electronic poll books with tablets in the amount of $97,625.00 paid Knowink from the Election Equipment Reserve Fund.
► Notice to the Township Board for Clinton Township for a Cereal Malt Beverage license for an event at Clinton Marina Parking Lot Special Event on June 18, 2016 at 1328 E 800 Road.
Motion was seconded by Gaughan and carried 3-0.
HERITAGE GRANT PROGRAM 05-11-16
The Board considered approval of the grant recommendations for the 2016 Natural and Cultural Heritage Grant Program. Shelly Higgins-Clark, Committee Chair, presented the item.
Clark stated the budget this year was $245,000. There were 11 applicants and the Committee is recommending dispensing $243,733 as follows:
Major Grants:
• No major grant project was recommended.
Target Grants:
• Lecompton Historical Society for Environmental Condition Improvements to the Territorial capital Museum to Ensure Artifact Longevity
Requested $26,728; Recommended $26,728, subject to condition that the type of window filer purchased will be ultra violet protector roller shades; Board approved $26,728
• Douglas County Sustainability Office for The Delaware Tribe Agricultural Heritage Planning Project Requested $67,775; Recommended $67,775; Board approved $67,775
• Clinton Lake Historical Society, Inc. for Wakarusa River Valley Heritage Museum – Master Plan & Meeting Hall Feasibility Study Requested $8,000; Recommended $4,000. The HCC recommends funding $4,000 for the development of the Master Site Plan only. Board approved $8,000 (*includes an addition $4,000 from leftover Heritage funds)
• Douglas County Historical Society for Civil Rights Interactive Exhibit Kiosk Requested $5,000; Recommended $5,000; Board approved $5,000
• Douglas County Conservation District for Douglas County Water Festival Requested $8,000; Recommended $8,000; Board approved $8,000
• Friends of the Kaw for Cleanup, Restore, and Fish the Kaw in Douglas County Requested $13,231.25; Recommended $13,230; Board approved $13,230
• Eudora Historical Society for 720 Main Street Second Story Access Addition Requested $89,000; Recommended $89,000, subject to the condition that the project be put to bid at least three qualified contractors, with preference given to contractors located in Douglas County; Board approved $89,000
• Tony Krsnich-Flint Hills Investment Group, LLC/Tom Larkin for Turnhalle Phase 2 Requested $121,550; Recommended $30,000, The HCC recommends that the 2016 HCC funding be used to procure architectural and engineering services required to produce design development documents for the occupancies and uses described in the grant application; Board approved $30,000
Gaughan moved to approve the following fund recommendations for the 2016 Natural and Cultural Heritage Grant Program; plus an additional $4,000 from leftover Heritage funds for the Clinton Lake Historical Society. Motion was seconded by Thellman and carried 3-0.
PLANNING 05-11-16
The Board considered CUP-16-00035, the renewal of a Conditional Use Permit for Stony Point Hall, a reception and banquet hall, on approximately 13.98 acres, located at 1514 N 600 Road, Baldwin City. The application was submitted by Russell and Lucretia Carlson, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of Conditional Use Permit for Stony Point Hall, a Recreation Facility use based upon the following findings of facts:
I. Zoning and uses of property nearby. Surrounding land uses are predominantly agricultural, woodland/open space, and rural residential. The reception hall has been in existence since 2007 and is compatible with the surrounding land uses.
II. Character of the area. The area has access to the major transportation network with the subject property taking access to N 600 Road, an east/west Principal Arterial, which connects with 2 north/south Principal Arterials to the west and east. The area has a varied topography with woodlands corresponding with the steep terrain. Agriculture, woodlands, and rural residences are predominate land uses in the area. The design and location of the facility are compatible with the rural character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses which are permitted within the A (Agricultural) District. The property is also well suited for the existing reception hall, a Recreation Facility use.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant at this time but is developed with a rural residence, outbuildings, and the reception hall. The reception facility began operation in 2007.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The facility has been in operation since 2007 without detrimental impacts to nearby properties. Approval of the CUP will extend the use but will not change the intensity of the use. The approval of the CUP to allow the continuation of the current reception hall should not result in any detrimental impacts.
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. In staff’s opinion, there would be no gain to the public health, safety, and welfare by the denial of the request. Approval of the request would allow the continued use of the Stony Point Reception Hall which offers many city residents a rural Douglas County experience.
VII. Conformance with the comprehensive Plan. The reception hall is in compliance with Policy 2.7(d) of the Comprehensive plan that recommends the encouragement of agritourism uses.
And with the following condition:
1. The Conditional Use Shalala be administratively reviewed every five years.
Miller stated the one proposed change for this CUP renewal is the removal of the 10 year expiration time frame. An expiration date is a useful tool for managing Conditional Uses in developing areas where it is anticipated that the character of the area may change to the degree that the use is no longer compatible with the nearby land uses. In this case, the reception hall use is compatible with the existing development and should be compatible with the area as it further develops.
Gaughan commented he would like to see a list of all CUPs with their renewal dates.
Flory opened the item for public comment. No comment was received.
Flory moved to approval of CUP-16-00035 to renew a Conditional Use Permit for Stony Point Hall, 1514 N 600 Road, a Recreation Facility use subject to the following condition:
(1) The Conditional use Permit shall be administratively reviewed every 5 years.
Motion was seconded by Thellman and carried 3-0.
PLANNING 05-11-16
The Board considered the renewal of Pine Family Tree Nursery, CUP-16-00070, a 30.5 acre Conditional Use Permit for Pine Family Tree Nursery, Landscape Center, Retail Nursery, located at 1782 E 1500 Road. The application was submitted by Landplan Engineering PA, for Pine Family Investments LC, and Sue A Pine, Trustee property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff presented
the item.
This CUP was approved in 2003 to accommodate retail sales associated with an existing commercial agricultural operation. The CUP allows for a maximum of 3,500 square foot of enclosed space for retail sales and unlimited exterior sales. At that time, the application did not include any enclosed sales space within the boundary of the CUP. The CUP has expired.
Staff recommended approval of the Conditional Use Permit for a Retail Nursery based upon the following findings:
I. Zoning and uses of property nearby. The current zoning is A (Agricultural District and B-2 (General Business) District. Agriculture is the predominant use of the immediate area.
II. Character of the area. The character of the area is agricultural with only limited commercial activity associated with the nursery operation and uses located along the highway.
III. Suitability of subject property for the uses to which it has been restricted. Approval of this request would not alter the base zoning district. The property will continue to be suitable for agricultural activities and uses. Approval of the request allows for ancillary uses of the property related to the primary agricultural operation.
IV. Length of time subject property has remained vacant as zoned. The property is not currently vacant, but includes agricultural buildings that support the use of the property for the related landscape material sales business and landscaping business located to the east.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The activity area is located in the central portion of the site. Continued agricultural operations surround the property. No detrimental effects are anticipated by the continued operation of this use and the renewal of the Conditional Use Permit.
VI. Relative gain to the public health, safety and welfare by the destruction of value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. There is no harm to the public health, safety or welfare by the continued operation of the existing business. Approval permits a local business to continue to serve residents and businesses in the community.
VII. Conformance with the comprehensive plan. The proposed request is consistent with the policies and land use recommendations included in Horizon 2020 for continued agricultural use.
VIII. Professional staff recommendation. This use has operated without incident since being approved in early 2004. Approval of the request facilitates the continued operation of the local business. Staff recommends approval of the Conditional Use Permit. Staff does not recommend the addition of a time limit on the Conditional Use Permit. Changes to the site to add additional covered storage may be amended by a future site plan approved administratively. Changes to add retail sales on this site should be amended by a revised site plan approved by the County commission with notice to surrounding property owners. This will accommodate changes in business practices over time with adequate review to assure that minimum building setbacks are met, and to identify any other applicable building codes or zoning codes that may be present at the time.
and, subject to the following condition:
1) Provision of a revised site plan to include the following notes:
a) “Changes to the site to add additional covered storage may be amended by a future site plan approved administratively. Change to add retail on this site should be amended by a revised site plan approved by the County Commission with notice surrounding property owner.
Flory opened the item for public comment. No comment was received.
Flory moved to approve CUP-16-00070, a Conditional use Permit for Pine Family Tree Nursery, Landscape Center, Retail Nursery; with the added note there will be no expiration date on the CUP but added a five-year administrative review. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 05-11-16
Flory moved to approve accounts payable in the amounts of $3,273,092.17 paid on 05/05/16; and $452,579.90 to be paid on 05/12/16. Motion was seconded by Thellman carried 3-0.
APPOINTMENT 05-11-16
Thellman moved the following reappointments to the Douglas County Heritage Conservation Council for a three-year term to expire 05/31/19: Shelly Hickman Clark and Julia Manglitz. Motion was seconded by Flory and carried 3-0.
APPOINTMENT 05-11-16
Gaughan moved the following appointments to the Lawrence Douglas County Metropolitan Planning Commission for a three-year term to expire 05/31/19: Lynn Harrod (replacing Jim Denny); and Karen Willey (replacing Bruce Liese). Motion was seconded by Thellman and carried 3-0.
RECESS
At 4:40 p.m., the Board recessed until the 6:00 p.m. meeting.
RECONVENE
The Board returned to regular session at 6:00 p.m.
PLANNING 05-11-16
The Board considered a request to rezone approximately 77.5 acres from County A (Agricultural) District and VC (Valley Channel) District to County I-3 (Heavy Industrial) District for King’s Recycle Center: Z-16-00067. The property is located at N 1300 and E 1750 Roads. The application was submitted by Landplan Engineering PA, for Dan King, Denise King, Kent King and Patricia King, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The property is adjacent to the nearly completed South Lawrence Trafficway bypass and at the intersection of N1300 and E1750 Roads, also located near the recently approved soccer facility. When looking at zoning requests, planning staff looks at criteria in the development code, also called the golden factors, and also reviews the zoning and land use in area to determine if propose use compatible. The surrounding area includes two small areas of General Public and Institutional Use (GPI) owned by the City, sanitary sewer pump station,
Staff recommends denial of the rezoning request for approximately 77.5 acres County A (Agricultural) District to County I-3 (Heavy Industrial) District based upon the following findings of fact:
1. Conformance with the Comprehensive Plan. The subject property is not shown on the map of potential locations for future Industrial and Employment Related Land Uses; therefore the location was reviewed with the general and specific criteria included in the Industrial Chapter, Chapter 7, of the Comprehensive Plan. The property is substantially compliant with the general locational criteria in this chapter; however, is not substantially compliant with the specific locational criteria. The property is not compliant with the criteria that the proposed industrial use be compatible with existing and future zoning/land use patterns, including the use of appropriate buffers between land uses. The proposed construction material recycling facility would not be an appropriate use for a gateway area based on possible negative impacts to neighboring properties and the aesthetics of the site. The proposed rezoning is not in conformance with the Comprehensive Plan as it is not substantially compliant with the specific criteria provided in the plan or with the recommendations for gateway development.
2. Zoning and use of nearby property, including any overlay zoning. The surrounding properties are zoned A (Agricultural) or V-C (Valley Channel) and F-F (Floodway Fringe Overlay) Districts. Agriculture is the predominate land use with several recreational uses in the planning stages in the area (soccer facility to the east and City park to the north). Scattered residential uses are also located in the area. Heavy industrial uses would be incompatible with the approved recreational uses in the nearby area.
3. Character of the neighborhood. This rural area is characterized by the SLT/K10 Highway Corridor, open space/recreation uses, agriculture, and rural residences and to a lesser degree the Wakarusa River corridor to the south and industrial uses to the north along the existing K10 Highway and E 25th Street. Industrial uses had been located in the area in the past; however, in staff’s opinion, heavy industrial zoning and uses would not be compatible with the character of the area in the location proposed but would be more appropriate located to the north with the existing industrial uses.
4. Plans for the area neighborhood, as reflected in adopted area and/or sector plans including the property or adjourning property. A portion of the subject property is located within the limits of the Southeast Area Plan; however, no recommendations were provided for the future use of the property. The plan recommends very low density residential uses to the west of the subject property and recommends open space and low density residential to the north; both across the SLT/K10 Highway right-of-way. In staff’s opinion, heavy industrial uses and zoning, particularly an unenclosed use such as proposed, would not be appropriate in close proximity to the planned low density residential and open space uses.
5. Suitability of subject property for the uses to which it has been restricted under the existing zoning regulations. The property is well suited for the uses to which it is restricted with the A and V-C Zoning. The topography of the property would be suitable for the recycling use; however, in staff’s opinion, the recycling use would not be compatible with the adjacent land uses: SLT/K-10 Highway and open space/ recreational uses.
6. Length of time subject property has remained vacant as zoned. The property is not vacant. The Douglas County Appraiser’s records indicate that the residence on the property was built in 1920. A temporary borrow pit was approved for the site to accommodate the construction of the SLT/K-10 Highway.
7. Extent to which removal of restrictions will detrimentally affect nearby properties. The rezoning to the I-3 District will permit heavy industrial uses on the subject property. This may have detrimental impacts to nearby properties by a reduction in groundwater level, unless water usage is limited; noise impacts to nearby recreational and open space uses, and a negative visual impact along the trafficway.
8. The gain, if any, to the public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
Approval of the rezoning request would provide a recycling facility for construction of clean rubble which would benefit the public welfare by keeping these materials out of the landfill and extending the life of the landfill and reducing the need for new materials. The denial of the rezoning request would benefit the nearby properties by preventing the negative impacts from the noise, truck traffic, and dust associated with the recycling facility and would prevent the negative visual impacts the facility would have on the Trafficway area. The denial of the rezoning request would create some hardship for the applicant as they would need a new location for the recycling facility but they could continue with the CUP application for the Mining and Excavation to continue the use of the borrow pits and could develop the property with a use that is more compatible with the existing and approved uses in the area.
PROFESSIONAL STAFF RECOMMENDATION:
This staff report reviews the proposed rezoning request for its compliance with the Comprehensive Plan, the Golden Factors, and compatibility with surrounding development. This report finds that the rezoning request is not substantially compliant with criteria for industrial development provide in Chapter 7 of Horizon 2020. The request is also not compatible with the character of the area, the land use recommendations in the Southeast Area Plan for nearby properties, or with existing and planned uses in the area. In addition, the rezoning request may have negative impacts on nearby properties. A more appropriate location for the heavy industrial use is located in the north portion of this area, along the existing K10 Highway and E 25th Street. Based on these factors, staff is unable to recommend approval of the rezoning request and recommends that the Planning Commission forward the rezoning request to the Board of County Commissioners with a recommendation for denial.
The borrow pit was approved with the SLT but the temporary business use permit will expire shortly. On the zoning, the Planning Commission voted 7-1 to forward the item to the County Commission recommending a denial and deferred action on the preliminary plat. They recommended approval on the continuation of the borrow pit, and deferred action on the residence.
There is also a CUP for the continued use of the Borrow Pit which would be considered a mining and excavating use and then a CUP for the residence if the industrial zoning is approved. The CUP site plan includes a recycling facility. There would be a five-year review and with an expiration in 10 years.
Thellman asked what the terms are for the original borrow with KDOT with specific use on the SLT. Miller responded it was setup as a temporary business permit use just for the purpose of building the SLT. Thellman asked if this is a personal choice of the landowners to continue the borrow pit. Miller confirmed that is correct.
Thellman asked how many acres have been borrowed. C.L. Maurer, Landplan Engineering representing the applicant, replied of the 77 acres, about 50 acres have been disturbed. The property around the house and barns has not been touched. The land that has been borrowed from will become a pond.
Maurer stated I-3 zoning is what’s used for recycling centers. This same process was done in 1998 with a recycling center and borrow owned by Steven Glass located next to the City of Lawrence. The applicant withdrew the zoning request for an I-3 and came back instead with a CUP request which was approved by the County Commission at the time and was reviewed every five years. KDOT purchased the property in 2008. According to the County Commission minutes, the CUP was to be active until 202, but Mr. Glass sold the property to KDOT which terminated the CUP. Maurer feels the CUP set a precedent.
Flory said his concern in not having a way to limit the I-3 from heavy industrial coming in to that location at a later date. Once I-3 zoning is approved a new buyer can come in.
Flory asked Miller if there is something in the code that prohibits using CUP for recycling. Miller replied the code does not prohibit it but it does list it as permissible under a CUP. In 1998 the Planning office determined a recycling facility was similar to something which Miller believes was mining and excavation. Miller said she sees this as one of the more intense uses allowed in an I-3 zoning.
Flory says it seems the rock crushing would be the pivotal issue and doesn’t see why it wouldn’t be similar enough to a quarry that it could be considered for a CUP. Miller said the County Commission could make that determination.
Thellman said part of the Board’s decision, regardless of the CUP or rezoning, is determining whether this is a use we want to allow in an area that is increasingly important in terms of its development capacity and the neighborhood characteristic. The athletic fields are a tremendous investment.
Maurer stated the VC and the open space cannot be developed because it’s all in the floodplain and the SLT is a ribbon. Thellman said it is an unfortunate area to have such heavy use. Maurer said the noise of the SLT will be greater than the occasional rock crusher use.
Flory said this is a classic example of competing interests. Recycling clean construction materials rather than fill up our landfills is a plus.
Thellman commented that using Hamm's landfill capacity as an argument to create new landfills is not a good argument to make anymore. Serving on the County's Solid Waste Management Board, Thellman says she has learned that because of the success of community recycling efforts, Hamm's landfill now has a life expectancy of 90 years or more so there is not an urgency to divert waste to other landfills now. In fact, Thellman said
that Hamm's states they need clean construction waste in order to proceed with their section-by-section reclamation plan.
Gaughan said the overwhelming sense he has is we have a merging area in this part of the county of open space. We know there will be a new road going through. But with the soccer fields and the nature preserve, he struggles with I-3 being a compatible neighbor.
Flory opened the item for public comment. No comment was received.
Gaughan moved to deny rezoning request Z-16-000067 from A (Agriculture) to I-3 (Heavy Industrial) zoning located at N1300 Road and E1750 Road based upon the findings of fact noted. Motion was seconded by Thellman and carried 3-0.
PLANNING 05-11-16
The Commission considered a Conditional Use Permit (CUP) for King’s Recycling Center, located at N 1300 Rd & E 1750 Rd. The CUP proposes the operation of a borrow pit and recycling of construction materials, as well as continued residential and agricultural uses on the property. Submitted by Landplan Engineering PA, for Dan King, Denise King, Kent King and Patricia King, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The Commission continued discussion on whether the recycling center could be considered under a CUP. Flory asked what would need to be done to consider a recycling facility under a CUP in an Ag zoned property. He would like to have the Planning Commission look at that angle. Miller stated you could encourage the applicant to submit an application for a CUP.
Sean Reid, Director of Zoning and Codes, stated there is a reason for concern with allowing I-3 zoning in that location because in the future any I-3 application could be there. It is not on the list of permitted uses. In his experience, typically the governing body would be rejecting request.
Thellman asked if the recycling center would be heavy industrial use. Reid replied it would be similar to mining or a quarrying operation. He has not seen one in the past that operated sporadically so he can’t offer examples.
Maurer argued the applicant has a similar facility in Oskaloosa next to a high school and the crusher runs at 90 decibels. It only runs when they have enough material to recycle.
Flory asked where on the 77 acres the crusher would be located. Maurer stated it is planned to be on the far east part of the property, with a five-foot high berm, but it can be relocated anywhere on the site. The piles of storage would be no higher than 15 feet. Materials recycled would include: rock, cement, cinderblock, brick and asphalt.
Thellman stated she has concerns the crusher will create a lot of dust.
Gaughan said he is less concerned about the view from the highway and more concerned about dust on the soccer fields. Maurer responded they crushed rock and asphalt on Lawrence High School directly across from a single family residence and there was no dust.
Flory asked if this Commission were to decide this recycling center was close enough in relation to mining and a CUP were an appropriate mechanism, would your client be inclined to seek a CUP by filing an application with the Planning Commission. Maurer said that is what they originally came for but was sent down another path.
Flory suggested sending the item back to the Planning Commission to study, analyze and review conditions to see if this fits a CUP.
Gaughan responded we have heard from staff, which considers this as heavy industrial use. Maurer said he is having a hard time with this determination. He feels staff is comparing this process to a concrete/asphalt plant which this is not.
Flory opened the item for public comment. No comment was received.
After further discussion, Flory moved to send the item back to planning commission for consideration as to whether any combination of conditions would be appropriate for approval of a recycling center for clean construction materials in conjunction with the borrow pit that they have already considered. Motion died for lack of a second.
Flory moved to approve CUP-16-000069, a Conditional Use Permit for King’s Recycling Center located at N 1300 Road and E 1750 Road for the operation of a borrow pit and recycling of construction materials, as well as continued residential and agricultural uses on the property with conditions as listed below as recommended by staff:
1. Staff recommends approval of the Conditional Use Permit for the Borrow Pit.
2. Staff recommends approval of the Conditional Use Permit for the residence within an Industrial Zoning District, if the I-3 Zoning request is approved.
3. Staff recommends denial of the site plan for the recycling facility unless the I-3 Zoning request is approved. If the I-3 Zoning request is approved, staff would recommend approval of the site plan.
These recommendations are subject to the following conditions:
1. The Conditional Use Permit shall be administratively reviewed every 5 years. The Conditional Use Approval for the borrow pit use shall expire 10 years from the date of the Board of County Commissioner’s approval.
2. Commercial truck traffic to the facility is limited to the following roads: E 1750 Road/Noria Road; N 1400 Road (Old K-10 Highway); E 1700 Road; K-10 Highway east or west.
3. Only clean construction rubble shall be stockpiled or processed on the site.
4. Well water usage is limited to the office and employees until the property is serviced by a Rural Water District.
5. The borrow pit shall be excavated no deeper than Elev. 800 Ft. (NAVD).
6. Provision of a revised CUP plan with the following changes to the landscaping, per Planning approval:
a. Provide a mix of evergreen and deciduous trees for screening landscaping along N 1300 Road.
b. Revise the landscaping shown along E 1750 Road to include evergreen trees west of the street trees that are shown and to extend the landscaping to the north property line.
c. Label the species of the trees along E 1750 Road to match those listed on the Master Street Tree Plan, when approved.
d. List Conditions No. 1-5 on the plan.
Motion was seconded by Gaughan and 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