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Commission Board Meeting on Wed, September 18, 2002 - 6:35 PM

Meeting Information: 

County Courthouse



  • Convene

  • Pledge of Allegiance

  • Consider approval of minutes of April 5, April 15, and September 11, 2002

CONSENT AGENDA
(a) Consider approval of Commission Orders


REGULAR AGENDA
 (2) Consider approval of CUP-02-02-02: A Conditional Use Permit request for topsoil removal on 56.2 acres generally located at 1724 E 902 Road. Requested by Irving A. and Esther L. Mitchell, property owners of record. (Sandra Day)


 (3) Consider approval of temporary speed limits on N 1700 Road and E 400 Road in Kanwaka Township (Keith Browning)


 (4) Other Business
  (a) Consider approval of Accounts Payable (if necessary)
  (b) Appointments
  (c) Miscellaneous
  (d) Public Comment


 (5) Adjourn

Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, September 18, 2002. All members were present. The Pledge of Allegiance was recited.


Johnson made a motion to approve the minutes of April 5, April 15, and September 11, 2002. Jones seconded and the motion carried unanimously.


CONSENT AGENDA 09-18-02
Johnson made a motion to approve the following Consent Agenda:



  • Approve Commissioners Order No. 5054. Order is on file in the office of the County Clerk.

Motion was seconded by Jones and carried unanimously.


PLANNING 09-18-02
The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-02-02, a Conditional Use Permit request for topsoil removal on 56.2 acres generally located at 1724 E 902 Road. Requested by Irving A. and Esther L. Mitchell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:


Zoning and uses of property nearby. The surrounding property, in all directions, is used for agricultural purposes. Scattered rural residential uses are located along County roads to the northeast and to the west.


Character of the area. The subject property is located northwest of the City Limits on the east side of the K-10 Highway [South Lawrence Trafficway]. The area is dominated by agricultural activities. The subject property is located within Service Area 4 described in Horizon 2020.


Suitability of subject property for the uses to which it has been restricted.As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without proper conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. There are no residential uses immediately adjacent to the property. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.


Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. Additionally, there is an existing Williams Pipe Line Company transmission line across the southern portion of the property. If appropriate safeguards are not implemented, damage to the line could occur. However, these impacts can be mitigated through additional conditions and execution of an acceptable encroachment agreement from Williams Pipe Line.


Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.


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. Denial of the proposed use will not prohibit the property owner from use the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.


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 major land use categories. The subject property is located within the long-term urban growth area Future urban development would depend on the availability of major urban infrastructure.


AND subject to the following conditions:



1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:
a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."
2. Provision of a site plan per Section 19A-4 of the County Zoning Regulations, prior to the consideration of this item by the County Commission that includes the following:
a. Existing and proposed contours;
b. Legal description and graphical boundaries;
c. Direction of proposed storm drainage flow;
d. The location and size of trees;
e. Current elevation of soil to be removed;
f. Note stating anticipated truck traffic and hours of operation;
g. Proposed erosion control measures;
h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.
i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and
j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.
3. Provision of the following notes on the face of the site plan that state:
a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."
b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."
c. No more than 5 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday."
d. "All areas on the property not being actively used for topsoil removal shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."
e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"
f. "The Conditional Use Permit is valid for a period of up to 3 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.


After discussion, Johnson made a motion to approve CUP-02-02-02 subject to the following amended conditions:



1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:
a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."
2. Provision of a site plan per Section 19A-4 of the County Zoning Regulations, prior to the consideration of this item by the County Commission that includes the following:
a. Existing and proposed contours;
b. Legal description and graphical boundaries;
c. Direction of proposed storm drainage flow;
d. The location and size of trees;
e. Current elevation of soil to be removed;
f. Note stating anticipated truck traffic and hours of operation;
g. Proposed erosion control measures;
h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.
i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and
j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.
3. Provision of the following notes on the face of the site plan that state:
a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."
b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."
c. No more than 10 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday from 8 A.M. to 8 P.M.; Saturday from 8 A.M. to 5 P.M.; and no hauling to be permitted on Sunday."
d. "All areas on the property not being actively used for topsoil removal shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."
e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"
f. "The Conditional Use Permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.
g. Comply with recommendations of soil conservation service.


Jones seconded and the motion carried unanimously.


PUBLIC WORKS & RESOLUTIONS 09-18-02
The Board considered approval of a resolution establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that these roads, located in Kanwaka Township, are not part of the official detour for the Route 442 project. However, these roads are experiencing use by drivers who may not be familiar with the local conditions of the roads. Due to the nature of the work on Route 442, local residents along Route 442 must use N 1700 Road and E 400 Road for access to and from their houses. In addition, some local residents along the township roads feel that non-local traffic is utilizing these roads rather than the official detour. The proposed speed limits are meant to be temporary and in force only until the completion of the Route 442 project. At that time, local traffic should return to normal. If deemed appropriate at the project's completion, the speed limits could be continued, altered, or removed altogether. Johnson made a motion to approve Resolution No. 02-20 establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Jones seconded and the motion carried unanimously.


ACCOUNTS PAYABLE 09-18-02
Jones moved approval of accounts payable in the amount of $271,995.01 to be paid 9/16/02. Johnson seconded and the motion carried unanimously.


McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.


_____________________________ _____________________________
Jere McElhaney, Chairman Bob Johnson, Member


ATTEST:


_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member