WEDNESDAY, JUNE 28, 2017 (morning meeting)
Decisions on changes to the recommended budget, decision to authorize publication of budget, and set date for public hearing
WEDNESDAY, JUNE 28, 2017 (evening meeting)
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of County Resolution to rezone approximately 26.995 acres from County A (Agricultural) District to I-3 (Heavy Industrial) District, located directly east of 1705 N 1399 Road. (Becky Pepper)
(2) Consider adoption of the Douglas County Food Policy System Plan (Helen Schnoes)
(3) CUP-17-00221: Consider an update to an existing Conditional Use Permit for Bland Airstrip Residential Driveway, located near N 1100 Rd & E 2000 Rd. Submitted by Brent Grosdidier, property owner of record. Mary Miller is the Planner.
(4) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) position 10/16
-Lawrence-Douglas County Housing Authority Board (1) position 06/17 -
-Metropolitan Planning Commission – Positions (1) 05/17
-Palmyra Township Trustee position
(c) Public Comment
June 28, 2017
Gaughan called the regular meeting to order at 6:00 p.m. on Wednesday,June 28, 2017 with all members present.
CONSENT AGENDA 06-28-17
Gaughan moved approval of the following Consent Agenda:
► Commission Order Nos. 17-026 and 17-027 (on file in the office the County Clerk); and
► Resolution 17-21 of the Board of County Commissioners of Douglas County, Kansas relating to and amending a regulated zoning classification for a tract of land located within the unincorporated territory of Douglas County, Kansas, changing A (Agricultural District) to I-3 (Heavy Industrial District).
Motion was seconded by Derusseau and carried 3-0.
Gaughan moved to adopt the Douglas County Food System Plan, presented at the June 14, 2017 meeting, with amendments as proposed by Commissioner Thellman. Motion was seconded by Thellman and carried 3-0.
The Board considered the approval of an update to CUP-17-00221, an existing Conditional Use Permit for Bland Airstrip Residential Driveway, located near N 1100 Road and E 2000 Road. The application was submitted by Brent Grosdidier, for Brent Grosdidier, Kimberly A. Grosdidier, Brandon L. Grosdidier, Charis L. Grosdidier, Milton D. Bland and Joan M Brand, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller stated normally a request of this kind would have been processed administratively, but since the request was a condition of the CUP it had to come back before the Commission. Staff recommends approval of the amended CUP, as referenced above, based on the following findings of fact:
I. Zoning and uses of property nearby. The subject property and surrounding area are zoned A (Agriculture) and agricultural and rural residential uses are the predominate land use in the ea. A Conditional Use Permit for an airstrip was approved for this property in 1985, and recently revised to allow additional users.
II. Character of the area. The area is rural in nature with agricultural land uses, rural residences and a private airstrip on the subject property. The subject property, recently divided through the Certificate of Survey process, contains 5 parcels: a 100 acre agricultural tract and four Residential Development Parcels (RDPs) ranging from 5 to 20 acres. Figure 2a (of the staff report) illustrates the land division and identifies the two RDPs which have CUP approval to share the airstrip.
III. Suitability of subject property for the uses to which it has been restricted.
“No changes to this. The property will remain in use for the previous uses it was restricted to previously.”
No change in use is being proposed. The subject property remains suitable for the current uses: Agriculture, Residential Detached Dwellings, and Airstrip.
IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agricultural)” since that adoption. The property is not vacant but is developed with a rural residence built in 1988 and various agricultural outbuildings. The airstrip is a grass airstrip which has been in place since the CUP approval in 1985.
V. Extent to which removal of restrictions will detrimentally affect nearby property.
“These driveways should not affect others nearby. The previous location
of a shared driveway may have effected others with road washout and need for road maintenance.”
The Eudora Township Trustee provided a letter indicating their approval of the proposed change in entrances. This letter is included with this report as an attachment. No negative impacts are anticipated to nearby properties.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared tothe hardship imposed upon the individual landowners.
“The gain will be that the driveways will increase safety of the airstrip and the people using the road.”
The number of driveway crossings over the airstrip will not increase, but the new locations may be better suited for drainage and maintenance than the shared location approved earlier. The township approved the
new location, so the topography is expected to be suited to the driveways and shouldn’t result in a drainage or maintenance issue.
VII. Conformance with the comprehensive plan. The conformance of the airstrip and the joint use of the airstrip with the comprehensive plan was evaluated with those staff reports. This minor change, relocating the driveways, is not discussed in the Comprehensive Plan.
And subject to the following conditions:
(new language shown in bold, deleted language shown struckthrough)
i) The permit shall expire at the end of 10 years (Calendar year 2027) unless the application for renewal, submitted prior to the expiration date, is approved by the County Commission.
ii) “The airstrip is limited to the private use of the owners of property which contain the airstrip and occasional use by their guests, but may not be used for commercial purposes.”
iii) “Any change in ownership shall require the submittal of a revised Use Agreement to the FAA.”
iv) “Take-offs and landings shall occur to and from the north, whenever the wind permits, to reduce the impact on residential uses to the south.”
v) “The two residential parcels shall utilize a shared access point and drive, located on the common property line, to provide one crossing over the airstrip.” “The two Residential Development Parcels are limited to one crossing over the airstrip. The two residential parcels may utilize a shared access point and drive, located on the common property line, or two drives may be located as shown on the revised plan, with one driveway beyond the northern edge of the airstrip.”
Gaughan opened the item for public comment.
Mark Nicolay, 1152 E 2000 Road, stated he is unhappy with the Ultralights flying over is residence and field. He claims the Ultralights are regulated by the FAA and should be flown at an altitude of 500 feet and must fly 500 feet from any house or structure. Gaughan responded the applicants are flying powered parachutes, not Ultralights. The FAA does not regulate powered parachutes. However, the meeting tonight is to determine a change in the conditions of the CUP to allow for a second driveway.
Gaughan moved to approve an update to CUP-17-00221, an existing Conditional Use Permit for Bland Airstrip Residential Driveway, located near N 1100 Road and E 2000 Road, subject to the above listed conditions. Motion was seconded by Thellman and carried 3-0.
Commissioner Derusseau stated she had received concerns from neighbors along 458 about drivers using E850 Road, a local township road as unofficial detour during the Route 458 road construction. Neighbors have complained of people exceeding the speed limit on the road with no shoulders and a lot of curves. Derusseau asked how we can work together during the construction to increase the safety. The County received a petition from E850 Road neighbors requesting additional patrol presence.
Jim Martin, Undersheriff, agreed there has been more traffic along this road and there are concerns there could be potential accidents. Martin plans to increase patrol presence in the area. He could not promise five hours per day as requested by neighbors, but he plans for deputies to give verbal warnings, check for offences and sometimes give tickets. If residents have any issues, they can contact the Sheriff’s office.
Keith Browning, Director of Public Works, stated the road is posted at 30 mph and there has be a significant increase in traffic. Public Works has made some improvements to the road. Once crews are through with phase 1b of construction along 458, there will be work done on the curve at E850 Road and road will be closed to through traffic.
Russ McDonald, 1053 E 900 Road, stated people will be going to Clinton Lake during the holiday and he suggested slow traffic signs be placed during the weekend.
Mark Marks, 1065 E 850 Road, stated all his neighbors have concerns about the increased traffic. Most have experienced road rage and traffic issues. He asked for greater patrol presence during high traffic times.
Thellman asked if it was possible to have a portable flashing speed limit sign in addition to regular signage. Browning replied there is no place to put the flashing sign since there are no shoulders on the road. The reason though those signs are effective is because people know there will be patrols. Browning stated, weather permitting, the plan was to reopen 458 for the holiday weekend only. If that happens, it will be posted on the County website and Facebook, and the Journal World will be notified.
Gaughan asked if GPS picks up road changes. Chad Voigt, County Engineer, stated it does not pick up the changes in a timely manner.
ACCOUNTS PAYABLE 06-28-17
Gaughan moved to approve accounts payable in the amounts of $548,125.54 paid on 06/22/17 and $323,428.28 to be paid on 06/29/17; and payroll in the following amounts: $1,313.39 and $938,265.02 paid on 04/28/17, $927,518.15 paid on 05/12/17, $941,038.76 paid on 05/26/17, $970,981.48 paid on 06/09/17, and $959,056.02 paid on 06/23/17. Motion was seconded by Derusseau and carried 3-0.
Gaughan moved to appoint Erin Padon to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term. Motion was seconded by Thellman and carried 3-0.
Thellman moved to appoint Eunice Ruttinger to the Criminal Justice Coordinating Council, replacing Bob Tryanski who resigned. Motion was seconded by Derusseau and carried 3-0.
The Board plans to consider the appointment for the Palmyra Township Trustee position at the July 12 meeting.
Thellman moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
Jamie Shew, County Clerk Michelle Derusseau, Member