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Commission Board Meeting on Wed, February 12, 2003 - 6:35 PM

Meeting Information: 


  • Convene

  • Pledge of Allegiance

  • Consider approval of minutes of November 4, November 11, November 20, December 4, December 9 and December 18, 2002

CONSENT AGENDA
 (1) (a) Consider approval of Commission Orders
(b) Authorize Notice to Clinton Township for Clinton Store (Patty Jaimes)


REGULAR AGENDA
 (2) Planning Items:
  (a) CUP-08-09-02: Conditional Use Permit for storage of excavation, trucking, and farm equipment. The property is generally located at 1768 E 1100 Road. Submitted by Paul Werner Architects for North 40 LC, property owners of record. (Sandra Day)


  (b) CUP-12-17-02: Creekwood Lawn Company Storage Shed: 1753 N 700 Road (Sandra Day)


  (c) CUP-12-18-02: Conditional Use Permit request for a Christmas Tree Farm. The property is generally described as being located at 794 Highway 40. Requested by Lynn Walther for Ethelyn F. Walther, trustee, property owner of record. (Sandra Day)


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


 (4) Adjourn

Related Document(s): 
Meeting Location: 
County Courthouse
Street Address: 
1100 Massachusetts St, Lawrence, KS 66044, USA
Meeting Minutes: 

Vice Chairman McElhaney called the meeting to order at 6:41 P.M. on Wednes day, February 12, 2003, with two members present .  Commissioner Johnson was absent. The Pledge of Allegiance was recited.


Jones made a motion to approve the minutes of November 4, November 11, November 20, December 18, 2002, and February 5, 2003. McElhaney seconded and the motion carried unanimously.


CONSENT AGENDA 02-12-03
Jones made a motion to approve the following Consent Agenda:



  • Approve Commission Order Nos. 5112 and 5113.  Orders are on file in the office of the County Clerk; and

  • Authorize notice to Clinton Township for cereal malt beverage license for Clinton Store.

McElhaney seconded and the motion carried.


PLANNING 02-12-03
The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-08-09-02, a Conditional Use Permit for storage of excavation, trucking, and farm equipment.  The property is generally located at 1768 E 1100 Road.  Submitted by Paul Werner Architects for North 40 LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.


PLANNING 02-12-03
The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is  CUP-12-17-02, a Conditional Use Permit for a storage shed at Creekwood Lawn Company.  The property is generally described as being located at 1753 N 700 Road.  Submitted by Shelby Franklin, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.


PLANNING 02-12-03
The Board considered Item No. 13 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-12-18-02, a Conditional Use Permit request for a Christmas Tree Farm.  The property is generally described as being located at 794 US Highway 40.  Submitted by Lynn Walther for Ethelyn F Walther, trustee, 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 unanimous recommendation for approval based upon the following findings of fact:


Zoning and uses of property nearby. Surrounding zoning includes A (Agricultural) on all sides. Surrounding land uses are primarily agricultural with farm residences.


Character of the area. The subject property is located just west of the current city limits and is developed with multiple accessory buildings associated with the property. This property is characterized as a rural residential area along a major county thoroughfare. The surrounding area includes agricultural and residential uses. The subject property is outside of the city's growth area and is predominantly an agricultural neighborhood including rural residential homes. The subject property is adjacent to county roads on two sides and has direct access to paved roads.


Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) does not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural and other products sales.


Length of time subject property has remained vacant as zoned. The subject property is developed with the Strawberry Hill Christmas Tree Farm business. Agricultural sales operation has existed for over 18 years on the property. The property has been zoned A (Agricultural) District since 1966.


Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request does not alter the base- zoning district. The current request is for a Conditional Use Permit to allow the continued operation of the retail agricultural sales along with the sale of ancillary products. Traffic and noise impacts associated with the use have existed in the area for over 18 years. Traffic intensity will not be altered with the approval of the Conditional Use Permit.


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 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 facility is consistent with the goals and policies in Horizon 2020. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area.


AND subject to the following conditions:



1. 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, 2008. The CUP will expire on February 28, 2013. For continuation of the use covered by this CUP beyond February 28, 2013 the applicant will need rezoning or approval of a new CUP."
2. Provision of a revised site plan to include the following items:
    a. Legal description
    b. North Arrow
    c. Graphic dimensions of the property per Douglas County Zoning Regulations 19-A.4.3
    d. Direction arrows of existing storm runoff per section 19-A.4.5
    e. Site summary of the existing floor area
    f. Show the existing building entrances per section 19-A.4.7
    g. Show location of all existing lighting including mounting height, light sources and light direction per section 19-A.4.12.


Jones made a motioned to approve CUP-12-18-02 subject to the above conditions. Motion was seconded by McElhaney and carried.


McElhaney directed staff to schedule a study session on CUP's.


ACCOUNTS PAYABLE 02-12-03
Jones moved for approval of payroll in the amount of $578,179.81, and electronic funds transfers in the amounts of $42,760.29 for FICA and $34,915.70 for KPERS to be paid 2/7/03.  Motion was seconded by McElhaney and carried.


MISCELLANEOUS 02-12-03
Jones noted that the first Dangerous Dog discussion will be held on Friday, February 14, 2003 from 3:00 to 5:00 P.M. He indicated good responses from the District Attorney's office, Sheriff and Chief of Police.


McElhaney moved for adjournment; Jones seconded and the motion carried.


_____________________________ _____________________________
Jere McElhaney, Vice Chair                  Charles Jones, Member


ATTEST:


_____________________________ 
Patty Jaimes, County Clerk