WEDNESDAY, NOVEMBER 9, 2016
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of Notice to Township Board for Cereal Malt Beverage License for Flamingo Enterprises (Clerk’s Office);
(c) Consider approval of Notice to Township Board for Cereal Malt Beverage License for Clinton Marina (Clerk’s Office);
(d) Consider approval of Notice to Township Board for Cereal Malt Beverage License for Clinton Submarina (Clerk’s Office); and
(e) Consider approval for Class “B” Club License for The Bird of Lawrence (Clerk’s Office);
(f) Consider approval of Community Corrections FY2017 Quarterly Budget Adjustment Report (Deborah Wright);
(g) Consider approval to grant a utility easement to the City of Lawrence to facilitate construction of the Wakarusa Township Fire Station improvements, (Mike Baxter)
(h) Consider approval of revised rental and use guidelines, fee schedule and rental agreement for Douglas County Fairgrounds (Jill Jolicoeur)-Backup to follow; PROVIDED
(i) Consider approval of FY2016 Community Corrections Year End Outcomes Report (Deborah Wright)
(2) CUP-16-00035: Consider the renewal of a Conditional Use Permit for Prairie Moon School Preschool Program, located at 1853 E 1600 Road. Submitted by Melissa Watson for Waldorf Association of Lawrence tenant, Grant Township, property owner of record. (Sandra Day)
(3) (a) Consider approval of Accounts Payable (if necessary)
-Board of Construction Codes Appeals (1) position 12/15
-Planning Commission (1) position to fill unexpired term
-Douglas County Fairboard (3) positions 12/16
(c) Public Comment
(4) Extension to Midnight Farm CUP-04-03-06, Conditional Use Permit, Community Living Opportunities, located at 2084 N 600 Rd, as tabled from the 10/19/16 meeting, with added discussion on traffic concerns (Mary Miller is the Planner)
(5) 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, as tabled from the 10/19/16 meeting. (Mary Miller is the Planner)
November 9, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, November 9, 2016 with all members present.
Flory congratulated Commissioner Thellman on winning her third term for the 2nd District County Commission seat; and to Michelle Derusseau who won her first term County Commission seat for the 3rd District.
CONSENT AGENDA 11-09-16
Flory moved approval of the following Consent Agenda:
► Commission Order No. 16-031 (on file in the office the Count Clerk); and
► Notice of the Township for cereal malt beverage license for Flamingo Enterprises at 1626 E 1550 Road;
► Notice of the Township for cereal malt beverage license for Clinton Marina at 1329 E 800 Road;
► Notice of the Township for cereal malt beverage license for Clinton Submarina at 1329 E 800 Road;
► Class “B” Club License for The Bird of Lawrence at 1626 E 1550 Road;
► Community Corrections FY2017 Quarterly Budget Adjustment Report;
► Utility Easement to the City of Lawrence to facilitate the construction of the Wakarusa Township Fire Station improvements;
► FY2016 Community Corrections Year End Outcomes Report.
Motion was seconded by Thellman and carried 3-0.
Pulled from the agenda:
The Board considered approval of the revised rental and use guidelines, fee schedule and rental agreement for the Douglas County Fairgrounds.
Flory opened the item for public comment.
Julie Jacob, Douglas County resident, asked for clarification that the Tier 1 event group $500 deposit was eligible for refund. Assistant County Administrator Sarah Plinsky confirmed that is correct that the major definition was defined within the guidelines.
Flory moved to repeal Resolution 97-11 and approve the Douglas County Fairgrounds Guide for Fairgrounds Rentals Use, Rental Agreement and 2017 Fee schedule. Motion was seconded by Gaughan and carried 3-0
The Board considered CUP-16-00035, the renewal of a Conditional Use Permit for Prairie Moon School Preschool Program, located at 1853 E 1600 Road. The application was submitted by Melissa Watson for Waldorf Association of Lawrence tenant, Grant Township, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff presented the item.
Under original CUP-1-2-05, the preschool was approved by the County Commission on April 8, 20015 with one of the conditions that the approval was valid for a ten year period unless the CUP was renewed. This CUP application is a request for a renewal following the expiration of the ten year approval period.
Staff recommends approval of the CUP for Prairie Moon School Preschool Program, based upon the following findings of fact:
I. Zoning and uses of property nearby. The immediately surrounding area is zoned A (agricultural) in all directions. County industrial zoning is located west adjacent to the Lawrence Municipal Airport and to the south along Highway 24/40. KU Endowment owns the tracts of land immediately north and south of the property. These tracts are used for agricultural purposes.
II. Character of the area. The area has access to the major transportation network with the subject property taking access to E 1600 Road, a north/south local road which connects with Highway 24/40 to the south. Agriculture uses dominate the area. The Kansas River, major streams and highways through the Township as well as the Lawrence Municipal Airport are also significant features 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 was developed as an elementary school and is currently being operated as a school that includes early childhood education. The property is well suited for the continued use of the building and surrounding area for a school with a Preschool program.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant. The building is actively used as a school that includes pre-K through 8th grade education.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The facility has been in operation since 2005 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 child care center (Preschool) 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 education facility which offers alternative learning and child care options for the community.
VII. Conformance with the comprehensive plan. The proposed request utilizes existing building space originally designed as a school. The proposed request is consistent with the general principals of Horizon 2020 outlined above.
Flory asked if any expansion request would come back before the Board. Day responded it would but as a site plan.
Flory opened the item for public comment. No comment was received.
Thellman moved to approve the renewal of Conditional Use Permit, CUP-16-00035, for Prairie Moon School preschool program, and clarified this application will not have a CUP renewal requirement. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 11-09-16
Flory moved to approve accounts payable in the amount of $2,000,960.95 paid on 11/09/16. Motion was seconded by Gaughan carried 3-0.
At 4:17 p.m. the Board recessed until the 6:00 p.m. meeting.
The Board reconvened at 6:00 p.m.
The Commission considered an extension to Midnight Farm, CUP-04-03-06, a Conditional Use Permit for Community Living Opportunities, located at 2084 N 600 Road, as tabled from the October 19, 2016 meeting, with added discussion on traffic concerns. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff presented the item.
Chad Voigt, Deputy Public Works Director, addressed traffic issues expressed by surrounding neighbors on October 19 that Midnight Farm generates increased traffic along portions of N 600 and E 2100 roads. Douglas County took a traffic count on portions of E2100 and N600 roads and determined an approximate 20% increase in traffic. Staff proposed three options: 1) No dust palliative requirement; 2) Require Midnight Farm to treat 5,000 linear feet (l.f.); and 3) Require Midnight Farm to treat some portion of 5000 l.f.
Staff recommended the third option with the Board of County Commissioners determining the portion to be paid by Midnight Farms. Given the nonprofit nature of Midnight Farms, staff suggested Midnight Farms be required to pay for 1,000 l.f. of dust palliative treatment annually covering portions of N 600 Road west of the intersection along Midnight Farm property, and treatment on E 2100 Road in front of a residence on Midnight Farm property and a residence directly across the road. The remaining approximately 4,000 l.f. of treatment would be paid by Douglas County. At this year’s cost of $1.40/l.f., treatment would cost Midnight Farm approximately $1,400 and Douglas County $5,600.
Flory opened the item for public comment.
Ron Wright, 2045 N 600 Road, asked if the County would consider requiring a stop sign at the end of the Midnight Farm driveway. He has had a few close calls with Midnight Farm drivers not checking for oncoming cars when pulling out of their driveway; and he also asked if the owner plans to remove the trailer that is currently located on the property.
Flory responded it is highly unusual to ask someone to place a stop sign on a private property, though the concern can be passed along to our Public Works director. Flory confirmed with Miller that the removal of the trailer was not a condition of the CUP but just part of the plan. It is not required to be moved.
Lyle Pishny, 2116 N 600 Road, stated he feels staff has done a good job taking steps to eliminate the dust created by Midnight Farm traffic. However, he has concerns over the non-profit status of Midnight Farm as they are allowing weddings and other functions on the property; and the number of events occurring on the property may be exceeding the limitations of the CUP stipulations.
Eldon Lynn, Jr., 2196 N 600 Road, questioned why the dust palliative proposal does not include his residence. Flory responded the property in question is the location of the trucking operation. He thanked Lynn for his comments but stated staff has already gone far beyond what the County would normally do for dust control.
Flory moved to approve CUP-04-03-06, a Conditional Use Permit for Midnight Farm, Community Living Opportunities, located at 2084 N 600 Road, with the following conditions as recommended by staff:
The CUP plan (as revised with SP-2-8-12) shall be revised with the following changes:
1. General Note 19 revised as follows: “This Conditional Use Permit will expire at the end of 10 years (Calendar Year 2026) unless an application for renewal is submitted prior to that expiration date and approved by the local governing body.”
2. Addition of the pavilion structure in the southwest corner of the site; and
3. Addition of a note outlining the dust palliative program as approved by the County Commission. The dust palliative program was determined as follows: “Midnight Farm shall provide payment to the Douglas County Public Works Office annually to participate in the County dust palliative program for 1,000 linear foot of treatment. This treatment will be applied on N 600 Road west of the intersection along Midnight Farm property, and on E 2100 Road in front of a residence on Midnight Farm property and a residence directly across the road. The remaining approximately 4,000 linear foot of treatment shall be applied in front of other residences on E 2100 Road north of N 600 Road, and on N 600 Road east of the intersection with E 2100 Road, but will exclude the residence at the intersection of N 600 and E 2200 Roads, as a trucking business operates at this residence. This approximately 4,000 linear feet portion of the treatment shall be funded by Douglas County.”
Gaughan asked if it is unusual for a property owner to pay for treatment for another property owner. Voigt said that is correct.
Flory added that activities that are not in compliance with the conditions of a Conditional Use Permit can be considered at any time with a report made to the Planning Office. Staff will investigate.
Motion carried 3-0.
The Board considered TA-16-00323, 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, as tabled from the October 19 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff presented the item.
Flory stated the presentation for this item was made at the October 19 meeting. Flory said he received a comment from a Douglas County resident that he received too short of notice to appear so therefore the item was tabled.
Flory opened the item for public comment.
Karen Willey, Douglas County resident, said she is greatly in favor of entrepreneurial uses and ideas and she feels this text amendment opens up options for people to be creative for their businesses. Anything to support
home businesses is an environmental benefit of less time on the road and an opportunity for a good life.
Flory said he sees the text amendment to the regulations as a benefit because a CUP allows the county to exercise control over a specific project where a rezoning opens the door for a number of things that wouldn’t be control.
Jeremy Long, 11231 Lakeview Drive, asked if the amendment was for stand-alone businesses or will it allow for industrial sites as well. Miller responded it could apply to home-based business that got just a little too large or it could be a stand-alone business based on the size and the impact.
Long asked if the stand-alone business would be required to produce proof there is no other suitable location in town for this business in an industrial area. People could use this as a backdoor to open a facility in the unincorporated area.
Flory said it is still subject to the CUP process and must meet all criteria and be consistent with the Comprehensive Plan; and then meet all conditions as set forth by the County Commission.
Gaughan moved to approve TA-16-00323, 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, including most recent amendment. Motion was seconded by Thellman and carried 3-0.
Flory moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.
James E. Flory, Chair Mike Gaughan, Vice-Chair
Jamie Shew, County Clerk Nancy Thellman, Member