Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, February 13, 2002. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 02-13-02
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 4993, 4994 and 4995. Orders are on file in the office of the County Clerk;
- Authorize the Chair to execute a Concession Agreement between Douglas County, Kansas and Bonnie and Harold Keylon to provide concession services at Lone Star Park.
- Approve Resolution No. 02-05 Amending the Rules and Regulations at Lone Star Lake and Park, and Repealing Resolution No. 96-55.
Motion was seconded by Jones and carried unanimously.
The Board considered approval of a request from the City of Eudora requesting the Douglas County Commission to make certain findings regarding the annexation of property located in the East Half of the Northeast Quarter of Section 17, Township 13 South, Range 21 East of the 6th Principal Meridian, in Douglas County, Kansas. Ron Conner, Mayor of the City of Eudora, and Eugene Westerhouse, Township Trustee, were present for the discussion. Johnson made a motion that the Board of County Commissioners of Douglas County, Kansas, finds and determines that the requested annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, Kansas, all as provided by K.S.A. 12-520c. Motion was seconded by Jones and carried unanimously.
The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-13-01 - Conditional Use Permit request for a greenhouse with retail sales at 1211 E 2200 Road. The property is approximately 1.42 acres. This property is located within three miles of Eudora city limits which necessitated a joint public hearing at the Planning Commission level. Requested by Donald R. Grinnell, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Pedrotti noted that both the Lawrence-Douglas County Planning Commission and the Eudora Planning Commission heard the item at the public hearing on January 23, 2002 and there were therefore two (2) recommendations. Both recommendations were unanimous for denial recommending the applicant begin the process for annexation into the City of Eudora. Donald Grinnell, property owner, addressed the Commission and expressed concerns regarding the annexation of his land. Jones made a motion to deny CUP-12-13-01; Johnson seconded and the motion carried unanimously.
The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-11-01 - Conditional Use Permit request for Enright Gardens, located at 2351 N 400 Road, Edgerton Kansas. There are four tracts with a total of 50 acres. Requested by Robert and Susan Enright, property owners of record. Brian Pedrotti presented the item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The subject site is located on N 400 Road. Surrounding zoning includes A (Agricultural) on all sides. Surrounding land uses are primarily agricultural.
Character of the area. The northern portion of the property is currently developed with Enright Gardens. The remainder of the property is agricultural. The character of the surrounding area is agricultural.
Suitability of subject property for the uses to which it has been restricted.
The subject site is suitable for the proposed uses of agricultural products sales.
Length of time subject property has remained vacant as zoned. The subject property is developed with the Enright Gardens business. The primary sales use has existed for over 20 years. The property has been zoned A (Agricultural District) since 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.
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 primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with an option for farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.
Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.
AND subject to the following conditions:
1. Revise the face of the site plan to provide the following information:
a. Provision of a note on the site plan indicating that the site plan for a public or governmental building(s) and facilities has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines.
b. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."
c. Provide a minimum of 18 parking spaces on the site.
2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2007. The CUP will expire in February, 2012. Continuation of the use beyond February 2012 will require rezoning or approval of a new CUP,"
Jones made a motion to approve CUP-12-11-01 subject to the above conditions. Johnson seconded and the motion carried unanimously.
The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-12-01 - Conditional Use Permit request for Western Resources expansion of the S.W. Lawrence Substation, located at 1287 E 1200 Road (south of 31st Street & Kasold). This CUP request shows Phase 1 improvements planned for Spring 2002 to tie the existing substation to the new transmission lines recently installed west of Lawrence. Requested by Cindy Risch, substation engineer for Western Resources, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The surrounding property in all directions is used for agricultural purposes.
Character of the area. The subject property is located south of the City Limits on the west side of Kasold Drive (extended), a designated future arterial street. This area is currently used for agricultural purposes. The subject property is located in Service Area One, as shown on Figure 9 of Horizon 2020. This area is anticipated for very low-density residential uses and park and openspace uses because of the proximity to the 100-year floodplain. It is anticipated for very low impact development in the future.
Suitability of subject property for the uses to which it has been restricted. As noted above, the subject property is zoned for both Agricultural and Valley Channel land uses. The suitability of the subject property for its current use will not be altered by the approval of a CUP for the expansion of the existing utility facility. There are no residential uses immediately adjacent to the facility. The "undeveloped" nature of the surrounding area contributes the suitability of the use and the anticipation of little or no impact on surrounding areas.
Extent to which removal of restrictions will detrimentally affect nearby property. No detrimental impacts are anticipated by the expansion of a utility facility; in part because of the base zoning will not be altered. The proposed facility will require additional permit approval for construction within the 100-year floodplain.
Length of time subject property has remained vacant as zoned. The subject property is currently developed as an electrical substation facility that services the southwest portion of the City of Lawrence and surrounding unincorporated area. It has been zoned for agricultural purposes since the adoption of the County Zoning Resolution in 1966. The existing facility was constructed in 1967.
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. Electrical service is a basic utility. Given the growth and development of the service area, staff finds that the general public will benefit from the improved and expanded services proposed by the applicant.
Conformance with The Comprehensive Plan. Horizon 2020 does not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. The proposed request is consistent with the land use recommendations found in Horizon 2020.
AND subject to the following conditions:
1. Provision of a revised site plan to include the following changes:
a. Relocation of the proposed equipment building to comply with the minimum front building setbacks per staff approval.
b. Show location of driveway on overall plan of site.
c. Provision of the following note: Applicant shall obtain approval of a building permit and local flood plain development permit prior to construction of any site improvements.
d. Provide dimensional scale for elevations.
Johnson made a motion to approve CUP-12-12-01 subject to the above conditions. Motion was seconded by Jones and carried unanimously.
The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002.This item is FDP-12-15-01: Community Unit Plan (County) request for Morning Star Church, located at the NE corner of N 1771 & E 1000 Road, and legally described as: Oak Ridge Estates, Lot 1. Requested by Hernly Associates, Inc. for Morning Star Church, owner of record. Sandra Day presented the item. This item comes to the Board with a unanimous recommendation for approval of the Community Unit Plan of Morning Star Church, subject to the following conditions:
1. Provision of a revised copy of the final development plan with signature blocks for the Chairman of the Board of County Commissioners and the Director of Planning.
2. Dedicate additional 10' of right-of-way for E 1000 Road, including a note to show the deed book and page reference on the site plan.
3. Dedicate additional 15' easement along east property line for utilities, including a note to show the deed book and page reference on the site plan.
4. Provision of a revised drawing to include the following changes:
a. Show 50' of right-of-way from centerline for E 1000 Road.
b. Show revised site improvements relocated 25' to the west to accommodate additional right-of-way and utility easements.
c. Relocated parking lot a minimum of 30' from E 1000 Road right-of-way and 25' from N 1771 Road.
d. Show dedicated area for sanitary sewer disposal use on site as non-buildable area for dedicated purpose to include all applicable setbacks from property lines and site improvements per the approval of the County Health Department.
e. Provision of a note on the face of the development plan which states that erosion control shall be practiced during construction.
5. Approval of a sanitary sewage disposal system prior to issuance of building permit.
6. Provision of a note on the face of the site plan that states, "There shall be no direct access to 1000 Road."
7. Execution and provision of a recorded copy of an agreement with the Home Owners Association of Oak Ridge Estates which specifies that maintenance of 1771 Road shall be the responsibility of Morning Star Church from E 1000 Road to the western most entrance.
8. Provision of a note on the face of the site plan which states, "All parking shall be provided on site, no parking shall be permitted on 1771 Road."
Jones made a motion to approve FDP-12-15-01 subject to the above condition. Motion was seconded by Johnson and carried unanimously.
The Board conducted a joint work session on 5 acre exception. No action was taken.
ACCOUNTS PAYABLE 02-13-02
Jones moved approval of accounts payable manual checks in the amounts of $2003.00 and $1250.00. Motion was seconded by Johnson and carried unanimously.
McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.
Jere McElhaney, Chairman Bob Johnson, Member
Patty Jaimes, County Clerk Charles Jones, Member