WEDNESDAY, DECEMBER 6, 2017
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of Notice to Township Board for Cereal Malt Beverage License for
The Clinton Store (Clerk’s Office);
(c) Consider approval of Notice to Township Board for Cereal Malt Beverage License for
Poor Farm Restaurant (Clerk’s Office)
(2) CUP-17-00499: Consider an amended Conditional Use Permit to renew the Conditional Use approval and to add a work program to the Teen Challenge Group Home, a Non-Profit, Religious, Educational and Philanthropic Institution use, located on approximately 17.4 acres at 1332 E 1600 Rd. Submitted by Heart of America Teen Challenge, Inc., property owner of record. Mary Miller is the Planner.
(3) (a) Consider approval of Accounts Payable (if necessary)
-Board of Zoning Appeals (1) positions 10/17
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board (1) position
-Senior Services Board of Directors (3) positions
(c) Public Comment
December 6, 2017
Gaughan called the work session meeting to order at 4:00 p.m. on Wednesday, December 6, 2017 with all members present.
CONSENT AGENDA 12-06-17
Gaughan moved approval of the following Consent Agenda:
► Commission Order No. 17-048 and 17-049 (on file in the office the County Clerk);
► Notice to Clinton Township Board for Cereal Malt Beverage License for The Clinton Store, 598 N 1190 Road; and
► Notice to Clinton Township for cereal malt beverage license for Poor Farm Restaurant, 598 N 1190 Road;
Motion was seconded by Thellman and carried 3-0.
The Board considered an amended Conditional Use Permit, CUP-17-00499, to renew the Conditional Use approval and to add a work program to the Teen Challenge Group Home, a Non-Profit, Religious, Educational and Philanthropic Institution use, located on approximately 17.4 acres at 1332 E 1600 Road. The application was submitted by Heart of America Teen Challenge, Inc., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
As part of their operations, the Heart of American Teen Challenge facility established a work program using pallets. Zoning and Codes staff received a complaint about exterior storage associated with the work program and it was determined that the use was in violation of the CUP permit. The current CUP amendment is intended to bring the work program into compliance with the CUP and to extend the CUP approval timeframe.
Staff recommends approval of the Conditional Use Permit to add a work program to the Heart of America Teen Challenge facility and to renew the Conditional Use approval based on the following findings of fact:
I. Zoning and uses of property nearby. The area is at the eastern boundary of Lawrence and is a mix of urban/rural lands and uses. Residential land uses are the predominate uses in this area, with detached dwellings and townhomes being located within the City of Lawrence and group homes on large parcels, with associated accessory uses, including agriculture on properties outside the city limits.
II. Character of the area. The area contains a blend of urban/rural uses, with O’Connell Road being a general demarcation line between the two types of uses. Urban residential is the predominate use on the west side of O’Connell and rural group home facilities are the predominate uses on the east side.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for the uses which are permitted within the A (Agricultural) District as well as the existing Conditional Use, with proper screening of the exterior storage.
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. This property is not vacant, but has been used as a group home since the approval of the Conditional Use Permit in 1997.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The work program is low intensity in that it doesn’t involve the use of any large power tools or large equipment. Deliveries and pick-ups are primarily made by the facility in their pick-up truck and trailer. The pallets are stored on the site and could visually impact nearby land uses; therefore, the exterior storage will be screened with a fence and landscaping.
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. The approval of this request will allow the work program for the residents to continue. As conditioned the work program would have little, if any, negative impact on nearby properties; therefore, denial of the request would provide no benefit to the public health, safety or welfare.
VII. Conformance with the comprehensive plan. The Conditional Use was found to be in conformance with the Comprehensive Plan when originally approved in 1998. This request is to add an accessory use to the facility and would not alter the conformance with the Comprehensive Plan.
And subject to the following conditions as recommended by staff and approved by the Planning Commission.
1. The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Department.
2. The CUP approval shall remain valid for 10 years after approval by the Board of County Commissioners and shall expire at that time unless an extension request, submitted prior to that deadline, is approved.
3. Addition of the following notes to the 2009 approved CUP plan:
a. “A work-program involving the recycling of pallets, or similar activity, is approved for the group home facility provided that:
i. All materials or products associated with the work program that are stored outdoors shall be screened with a combination of fencing and landscaping (cedar trees on the west side of the fence, planted every 6 ft) and shall be located in the general area shown below.
ii. Most pick-ups and deliveries for the work program shall be made with Teen challenge’s pick-up and trailer. If a large pick-up or delivery is planned which requires the use of a larger vehicle, or a vehicle not owned by the facility, the applicant shall notify the Zoning and Codes Office prior to its use. This will allow the Zoning and Codes Office to monitor the frequency of the alternate vehicles.”
Note: The Planning Commission recommended approval of the amended CUP, based on the findings in the staff report, subject to the recommended conditions with the exception of Condition 3(a)(ii) regarding vehicles for pick-up or delivery of pallets.
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to approve Conditional Use Permit, CUP-17-00499, to renew the Conditional Use approval and to add a work program to the Teen Challenge Group Home with the above listed conditions as recommended staff and approved by the Planning Commission removing Condition 3(a)(ii). Motion was seconded by Derusseau and carried 3-0.
ACCOUNT PAYABLE 12-06-17
Gaughan moved to approve accounts payable in the amount of $481,901.79 paid on 12/07/17; and payroll in the amounts of $871.64 paid on 11/14/17, $981,821.65 paid on 11/22/17, $31,490.13 paid on 11/27/17, $1,109.14 paid on 12/01/17, and $997,186.27 to be paid on 12/08/17. Motion was seconded by Derusseau and carried 3-0.
Gaughan moved to adjourn the meeting. Motion was seconded by Thellman
and carried 3-0.
Nancy Thellman, Chair Michelle Derusseau, Vice-Chair
Jamie Shew, County Clerk Mike Gaughan, Member