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Commission Board Meeting on Wed, October 19, 2016 - 6:00 PM

Meeting Agenda: 

WEDNESDAY, OCTOBER 19,  2016 – The elevator will be out of service for repair.
6:00 p.m.

(1) (a) Consider approval of Commission Orders;
 (b)  Extension to Public Wholesale Water Supply District No. 25 (PWWSD No. 25)  Conditional Use Permit for their plant on E 1750 and N 1500 Rd. (Mary Miller is the Planner; and
 (c) Consider recommendation to initiate an AID Program contract with Bert Nash (Ken McGovern)

(2) TA-16-00323: Consider a Text Amendment to Section 20-319-4 Conditional Uses Enumerated of the Zoning Regulations to add small scale industrial uses, with standards, to the list of uses which are permitted when approved as Conditional Uses. Mary Miller is the Planner.

(3) Extension to Midnight Farm Conditional Use Permit, Community Living Opportunities, located at 2084 N 600 Rd. Mary Miller is the Planner.

(4) Update on the Criminal Justice Coordinating Council (CJCC) (Robert Bieniecki)-No backup (backup from meeting added to file)

(5) (a) Consider approval of Accounts Payable (if necessary)  
  (b) Appointments
  -Board of Construction Codes Appeals (1) position 12/15
   (c)  Public Comment
  (d)  Miscellaneous  

(6) Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

October 19, 2016

Flory called the regular meeting to order at 6:00 p.m. on Wednesday, October 19, 2016 with all members present.

Flory stated regarding Item 2 (TA-16-00323) and Item 3 (the extension to Midnight Farm Conditional Use Permit), there was a mix-up in the notice sent to property owners. A number of people showed up a 4 p.m. and the items are on the agenda for 6:00 p.m. The Board will receive the presentation tonight and receive comments, but defer the action to November 9, 2016.
Flory moved approval of the following Consent Agenda:
►  Approval of a one-year extension to the approval for Cup-13-00281, Conditional Use Permit for water treatment plant for Public Wholesale Water Supply District No. 25 to allow time for the completion of the building permit review process subject to the conditions approved by the County Commission at their September 23, 2013 meeting, as revised at their October 21, 2015 meeting; and
►  Permission to enter into a contract with Bert Nash for the AID program grant that the County was awarded by U.S. Department of Justice.
Motion was seconded by Gaughan and carried 3-0.

PLANNING 10-19-16
The Board considered TA-16-00323; a Text Amendment to section 20-319-4 Conditional Uses Enumerated of the Zoning Regulations to add small scale industrial uses with standards to the list of uses which are permitted when approved as Conditional uses. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The Planning Commission approved the item unanimously at their 09-26-16 meeting.

The amendment adds Small Scale Industrial uses to the list of uses which are allowed when approved as a Conditional Use. In some cases, a Home Occupation grows to the point where it no longer meets the criteria for a Home Occupation but it remains small enough that it would be compatible with the surrounding uses. Miller cited the example of Richard Jumpstarters, who outgrew Home Occupation and wanted to rezone his entire 95-acres for industrial. The County didn’t feel rezoning the entire 95 acres was appropriate when his business actually uses five acres.

The Board asked staff to look into some options. Option 1 was use conditional zoning where all uses, but the proposed uses, are removed from the district. Developing a Small Scale Industrial Conditional Use will allow the use in those locations where it would be appropriate, without allowing the other uses permitted in the I-1 District that may not be suitable for the area. Miller said we are avoiding rezoning to I-1 District by using CUP with elements and features of I-1 zoning.

Flory stated he thought we were trying to avoid rezoning to I-1. Miller replied, yes, we are by using CUP with elements and features of I-1 zoning. We added in additional recommendations that would ordinarily apply to an I-1 rezoning to this IUP with floodplain protections, vegetative cover requirements, maximum FTE, adequate infrastructure, all business activity conducted indoors with no exterior storage, all parking on site, limits for exterior lighting and no 24/7 activity. Miller said she left out requirements of 40 acres and minimum slopes. The maximum building size is 10,000 sf., the same size as the value-added agriculture, but wanted to build in some flexibility where a slightly larger building may be acceptable. You can have up to 15 full-time employees but determined by compatibility of the surrounding area.

Thellman stated a small scale food business was allowable in the past where a small meat processing and slaughtering was not.  With our desire to keep local protein processing close and within our area, would small customer cutting be allowed? Miller said the language would need to be revised to include that. She was looking at what was allowed in I-1 Zoning, but low intensity processing language could be added.    

Gaughan asked if there is an advantage from going to residential to zoned industrial for home businesses and is this a big workload for staff. Miller responded she does not see a burden for staff. There are a few businesses that have outgrown their existing permit which will require a CUP. She said a Home Occupation license is a lot easier and more administrative in nature. A CUP is much more involved.

Flory opened the item for public comment.

Brendan Armstrong, Armstrong Enterprises, stated he supports the addition of this text because it offers the opportunity move and grow in the future.  The amendment will help small businesses diversify.

Linda Long, 1164 E 1500 Road, asked for clarification if this amendment is a CUP. Flory said this is a text amendment that would allow a person to apply for a CUP to operate within their existing zoning. This is a way to have a Conditional Use Permit (CUP) that will allow for a certain activity in agriculture or value-added zoning.

Flory said the Board will take the text amendment under advisement and will set the final discussion on December 9 at 6 p.m. The Board will also accept comment at that time.

Flory moved to table the item until November 9 agenda. Motion was seconded by Thellman and carried 3-0.

PLANNING 10-19-19
The Board considered an extension to Midnight Farm Conditional Use Permit, Community Living Opportunities, located at 2083 N 600 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

The original CUP was approved in 2016 with the condition it would expire in 10 years unless renewed by the County Commission. The renewal request is what is for consideration. Midnight Farm provides persons with disabilities therapeutic services such as horseback riding, various educational and recreational activities for clients and their families. They are compliant with the current plan. The only concern Miller had was in the southwest corner of the property there is a structure she questioned. After speaking with the owner, the structure is a secret garden with a shade which is not a building. 

The County Engineer provided a traffic count due to a dust complaint. He recommended Midnight Farm participate in the dust palliative program for the north part of E 2100 Road and a portion N 600 Road.

Flory asked if the dust palliative would benefit others. Miller responded that it would. Flory added asking to do dust palliative for another is concerning and not something the County has normally done. He asked what the cost would be. Miller responded approximately $7,000 annually.

Flory asked if the traffic study was consistent with other county roads or was the count high. Keith Browning, District or Public Works, said the county was not unusually high though he would say Midnight Farm does increase traffic but the highest count was 134 in one day which is not high for a township road.

Thellman said she also received an email which mentioned wash boarding and poor conditions of the road. She asked if that is more of a maintenance issue. Browning said wash boarding is typically due to  either traffic acceleration or deceleration leaving an intersection or coming up to a stop sign. The more traffic on a road will tend to exacerbate.

Flory opened the item for public comment.

Lyle Pishny, 2116 N 600 Road, asked if a new notification will be sent to surrounding property owners to determine when this will be on the agenda. One neighbor, Cody Wilson, directly across from Midnight Farms asked Pishney to share his concerns: 1) the increased volume of traffic on E 2100 Road and N 600 Road and dust generated and 2) The CUP required the farm to maintain vegetation along property boundaries. Pishney said he feels the level of activity at Midnight Farm exceeds the original rural and agricultural zoning. He would like to see the CUP denied and or the dust treated.

Joel Souders, 639 E 2100 Road, stated his concerns are about the impact of dust on the area cattle and their ability to forage, and the wear on their teeth. He also commented that for a nonprofit organization the Midnight Farm business is quite extravagant.

Ed Moore, Douglas County Resident, asked if the CUP is approved would it grant the applicant to allow more residents on the property. Gaughan replied, no, this application is just to renew the existing CUP. Flory added, there is nothing in the application that allows for expansion.

Flory confirmed that a new notice will be sent out to property owners within 1000 feet for the deferred item to be heard on November 9. 

Mike Strauss, Executive Director of Community Living Opportunities (CLO), stated Midnight Farms does offer therapeutic riding and summer camps with 12-15 campers four weeks per summer and day services each day. Most coming to the farm come in eight-person vans using Church Street. Those not using Church Street are people attending events but are not employees. He stated there is also a church, a commercial trucking company and a greenhouse along N 600 Road that contributes to traffic. There is only one entrance to Midnight Farms so he feels the traffic count should be taken at the entrance to get an accurate count of Midnight Farm traffic. Strauss added in 10 years he has received little concerns about the operation. He had no knowledge of the dust problem.

Thellman said there have been comments received that Midnight Farms is holding activities at the farm not related to the original envisioned use. She asked if they are offering activities to the general population. Strauss said they offer a family fun day, and some other events that the public is invited to, usually community outreach.

Flory said there is no doubt the Midnight Farm operation increases the traffic on the rock roads. He asked Strauss if he had any thought on how the County can add a condition to address the dust issues while approving the continuance of the CUP. Strauss said the Board believes that CLO should participate in the dust palliative program they will though Midnight Farms is a nonprofit that is paid for by volunteers and donations. Strauss said he feels the traffic count determination should not include the entrance onto N600 Road because of the other businesses using that entrance. Strauss added there is very little use of the rock road coming from Baldwin. Traffic mainly comes from 600 Road, and E 2100 Road of which he feels Midnight Farms has no control.

Gaughan asked how many Midnight Farm clients are using cost waivers to use their services. Strauss replied 100%. The purpose of Midnight Farms is to get children into services while they are young because the process to get on a waiting list for services averages seven years.

Flory said before November 9, he would like to staff to determine a proposed dust treatment and costs. He is not inclined to ask applicant to supply dust palliative the entire countryside. The County doesn’t do that for anyone else. A large family with 14 kids driving on those roads would create a lot of dust.

Gaughan stated this is a great project and extremely important. He has heard the neighbors say that. He doesn’t want that to get lost. Every dollar we require CLO to spend takes away from their services.

Thellman added you cannot lay the blame for the dust entirely on one residence. There are some big users along these roads. She’d like staff to come up with a reasonable solution.

Pishny added the application stated there is a nursery operation on the site that may contribute to the traffic doesn’t exist. He also feels it defies common sense to blame the trucking company for the dust that sits at the corner of a paved road and N 600 Road when he has never seen a truck travel that direction. Flory said he will not be convinced that every car that travels on the rock road is going to Midnight Farm.

Flory moved to table this item until November 9 at 6:00 p.m. where the Board will receive additional comments and will make a determination. Motion was seconded by Gaughan and carried 3-0.

CJCC UPDATE 10-19-16
Robert Bieniecki, CJCC Coordinator, gave an update to the Board on the CJCC retreat held on August 27, where the group created a one-year plan. The council split into work groups. Group 1 is studying the high representation of color in the County jail population. Chief Khatib provided data and is working with the Sheriff on policy. They are working on a case study to follow an offender through the system at each point. Group 2 is looking at the number of persons of color in the jail. They will be looking at eight years of data and coming up with questions to be answered by data experts; and Group 3 is looking at alternatives to incarceration such as electronic monitoring and a house arrest program more robust then the existing program to low lever offenses to save bed space. The group is also looking to improve the journal entry process for sentences from judge to expedite and eliminated days in jail; and to notify offenders of first court date to decrease the failure to appear.

Gaughan suggested adding a text based notification for young offers may be helpful.

Bieniecki stated other discussions included a pretrial monitoring program, a behavioral health court; and 30 different alternatives to incarceration being

applied throughout the country (20 of which Douglas County is already doing).
Bieniecki added his office has been moved to 1040 New Hampshire. 

No action taken.

Flory moved to approve accounts payable in the amount of $375,524.15 paid on 10/13/16. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.

____________________________  ____________________________
 James E. Flory, Chair                       Mike Gaughan, Vice-Chair
 ____________________________  _____________________________  
Jamie Shew, County Clerk                 Nancy Thellman, Member