Chairman McElhaney called the meeting to order at 6:37 P.M., on Wednesday, April 17, 2002. All members were present. The Pledge of Allegiance was recited.
McElhaney read a proclamation proclaiming the week of April 21-27, 2002, as "Crime Victims' Rights Week" in Douglas County. Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried unanimously.
CONSENT AGENDA 04-17-02
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order No. 5017. Order is on file in the office of the County Clerk;
- Note receipt of fee reports for the month of February; and
- Approve the following Lone Star Lake Skiing Dates for 2002:
|May 27 thru July 20, 2002, from 10:00 A.M. until 9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the following dates:|
|May 27 (Mon - Memorial Day)||June 30 (Sun)|
|June 2 (Sun)||Jul 6 (Sat)|
|Jun 8 (Sat)||July 14 (Sun)|
|Jun 16 (Sun)||Jul 20 (Sat)|
|Jul 22 (Sat)|
10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, andThursday of
|Jul 28 (Sun)||Aug 25 (Sun)|
|Aug 3 (Sat)||Aug 31 (Sat)|
|Aug 11 (Sun)||Sep 2 (Mon - Labor Day)|
|Aug 17 (Sat)|
|10:00 A.M. until 6:00 P.M. on the following dates:|
|Sep 7 (Sat)||Sep 21 (Sat)|
|Sep 15 (Sun)|
Johnson seconded and the motion carried unanimously.
The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-01-02: A Conditional Use Permit request for truck storage of a mobile washing company on 8.33 acres generally located east of U.S. Highway 59, approximately 1/2 mile south of Zarco 66 gas station, also known as 602 E 1250 Road. Requested by Michael A. & Cheryl A. Flory, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Mike Flory, property owner, was also present for the discussion. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is located on the southeast corner of N 650 Road and U.S. Highway 59. The properties on all sides are zoned A (Agricultural) District, except for a small parcel to the west which is zoned B-2 (General Business) District, and are primarily undeveloped agriculture uses except the convenience store and scattered single-family residences in all directions.
Character of the area. The subject property is outside of the Urban Grown Boundary for the City of Lawrence. It is approximately 8 acres in size and as stated above, surrounding uses are primarily agricultural. Specifically, the production of soybeans, wheat, and alfalfa hay predominate, except for a convenience store located on the southwest corner of the intersection of U.S. 59 Highway and N 650 Road. There are also approximately 16 residential homes within one-half mile of the perimeter of the site.
Suitability of subject property for uses to which it has been restricted. A Conditional Use Permit (CUP) does not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture.
The existing conditional use of the site as a private airstrip and hangar (CUP-1-1- 89) is compatible with the property's current zoning of A (Agricultural) District. The additional storage of trucks for a limited time is also compatible with the current zoning and with the surrounding properties if all conditions of approval are met.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural use, with the additional use as an airstrip and hangar approved as a CUP in 1989.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request will not impact the surrounding area by way of increased non-residential traffic to the adjacent highway. The site is partially screened to reduce any visual impacts on adjacent properties, and typically garners fewer than 5 individual vehicles driving in and out of the location per day. Staff does not anticipate significant detrimental impacts upon nearby properties from the storage of trucks inside the existing building as the use is currently existing and no such impacts have been documented.
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 zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the truck storage are not increased over time or given the same permanency as a rezoning of the property would confer.
Conformance with the Comprehensive Plan. The Comprehensive Plansupports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to establish new or temporary areas for certain non-residential uses, subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehensive Plan. As a more detailed study of industrial locations is completed for the unincorporated area, the longevity of the appropriateness may be affected.
AND subject to the following conditions:
1. The application be approved for no more than a 5-year period.
2. Limit the number of employees to no more than 10, which will limit the possible adverse impacts on surrounding properties.
3. All mobile washing trucks must be stored inside the building and any non-agricultural equipment stored outside the building must be screen ed from view.
4. Submission of a revised site plan that includes:
a. A legal description of the property.
b. Landscaping location and size of all perimeter and interior landscaping, including grass, ground cover, trees and shrubs.
c. Show utility and easement locations.
d. Show proposed location, indicate direction, and list amount of illumination of proposed lighting.
e. Show location of each outdoor storage area.
f. Show topography by contour lines of not more than five feet intervals.
g. The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures.
h. Show the location of all parking, loading, and walkway areas.
i. List the type of surfacing and base course proposed for all parking, loading, and walkway areas.
j. Indicate the number of employees and required parking spaces on site plan.
Jones raised concerns about the run-off of the wash water. Mr. Flory indicated they had systems that capture the water when necessary but it typically goes into the ground and is filtered by the grass.
Jones made a motion that the Conditional Use Permit request be approved subject to the above conditions amending Condition 3 to read as follows:
3. Any non-agricultural equipment stored outside the building shall be screened by trees or a fence that is a minimum of 4' high to screen from the view east of the site.
Johnson seconded and the motion carried unanimously.
PUBLIC WORKS 04-17-02
Keith Browning, Director of Public Works/County Engineer, presented the five- year plan project list for federally assisted projects. Browning explained that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP). These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:
(1) Route 442 from E 318 Road to Route 1029 - spot location grading for improved sight distance, addition of shoulders, flattening frontslopes, extending or replacing culverts, and construction of one bridge.
(2) Route 1029 from Route 438 to Lecompton - similar scope to Project (1) without the bridge construction. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.
(3) Route 438 from Route 1029 east six miles to E 1200 - Addition of shoulders, flattening frontslopes (where needed), extending or replacing culverts (where needed), construction of two bicycle bridges, and spot location grading for improved sight distance between K-10 High way and Route 1029.
(4) Bridge replacement on Route 1055 approximately 3/4 mile south of Route 458 - replace bridge and improve approach roadway alignment.
Browning recommended that a fifth project be added to the five-year plan. This would be a full deck replacement for the Kansas River bridge at Lecompton. This deck has been patched numerous times, and a recent inspection revealed further delaminated areas. The steel superstructure and concrete substructure are in good condition. The proposed project would be similar to the deck replacement project for the Kansas River bridge at Eudora completed a few years ago. The project would entail removing the deck, installing welded stud anchors to the top flanges of the steel girders, removing existing lead-based paint and repainting the superstructure, and constructing a new, wider concrete deck. The big difference from the Eudora bridge project is that the Perry/Lecompton school district crosses this bridge daily, and the project may require construction under traffic. This will increase both the construction time required and the cost of the project. In 2002 dollars, the estimated cost of this bridge deck replacement project is $2,831,000, which includes a 10% contingency. Browning noted that a Request for Construction Form for this project with the projected project cost in the year 2007 would need the Board's approval. This bridge is situated on the Jefferson County line, so an agreement with Jefferson County would be pursued to share local costs.
McElhaney asked for public comment. No comments were made. Johnson made a motion to approve the projects as recommended by the Director of Public Works and approve the Request for Construction Project form for the proposed deck replacement on the Kansas River bridge at Lecompton. Jones seconded and the motion carried unanimously.
Craig Weinaug, County Administrator, reported that KDOT has scheduled a public meeting regarding Highway 59 on April 30, 2002, in Baldwin City.
Richie Kennedy then made comments regarding Highway 59.
McElhaney moved for adjournment. Johnson seconded and the motion carried unanimously.
Jere McElhaney, Chairman Bob Johnson, Member
Patty Jaimes, County Clerk Charles Jones, Member