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Commission Board Meeting on Mon, February 24, 2003 - 9:00 AM

Meeting Information: 


  • Convene

  • Pledge of Allegiance

  • Consider approval of minutes of November 8, 2002 and February 12, 2003

CONSENT AGENDA
 (1) (a) Consider approval of Commission Orders
(b) Consider approval of Resolution approving cereal malt beverage licenses for Clinton Marina and Clinton Store (Patty Jaimes)
(c) Consider approval of revisions to Fairgrounds Reservations Agreement (Bill Bell/Paula Phillips)
(d) Note receipt of report of State Forfeitures per K.S.A. 60-4117(d)(2) (Sheriff Trapp)


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)


 (3) Consider approval of five (5) Out-District College Tuition Statements in the amount of
$12,396 (Debbie Sparkes) 


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


 (5) Executive session to discuss possible acquisition of real estate


 (6) Adjourn

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

Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, February 24, 2003. All members were present. The Pledge of Allegiance was recited.


Jones made a motion to approve the minutes of November 8, 2002; McElhaney seconded and the motion carried unanimously.


CONSENT AGENDA 02-24-03
McElhaney made a motion to approve the following Consent Agenda:



  • Approve Commissioners Order No. 5114. Order is on file in the office of the County Clerk;

  • Approve Resolution No. 03-06 granting a cereal malt beverage license to Clinton Marina Store;

  • Approve Resolution No. 03-07 granting a cereal malt beverage license to Clinton Store; and

  • Note receipt of State Forfeitures per K.S.A. 60-4117(d)(2).

Johnson seconded and the motion carried unanimously.
 
FAIRGROUNDS 02-24-03
The Board discussed amendments to the Fairgrounds Reservations Agreements. Bill Bell, Director of Buildings and Grounds, and Paula Phillips, Director of Emergency Management, were present for the discussion. Revisions to the current agreement form is necessary in case an emergency situation arises requiring the County to take over the buildings under a declaration of disaster. After discussion, Jones made a motion to approve the following amendment to the Fairgrounds Reservations Agreements:


 We understand that the County reserves the right to use all or any portion of the 4-H Fairgrounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, we agree that the County can terminate our reservation without notice and without liability.


And the following amendment to the standard reservation confirmation form:


 The County reserves the right to use all or any portion of the 4-H Fair grounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, the County may terminate this reservation without notice and without liability, provided that the County uses the Facility for related emergency preparedness and emergency response purposes.


McElhaney seconded and the motion carried unanimously.


PLANNING 02-24-03
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, presented the item. Mark Andersen, attorney for the applicant, was also 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. Subject property is located in an existing residential zoning district (east of E 1100 Road) and borders agricultural uses to the north and west. Several existing homes are located south of the subject property along E 1100 Road. A residential subdivision [Stonegate] is developing to the far east of the subject property. The Lawrence City Limits are within one mile of the subject property to the south.


Character of the area. The immediately surrounding area to the east and west is undeveloped and is used for agricultural purposes. The area to the south and far east are developed with single-family residential homes. A narrow parcel of land approximately 100' wide separates the subject property from the Kansas Turn pike on the north side of the property. The general area is heavily wooded and hilly, it includes meadow/pasture area throughout the area. The current character is rural. This property is within the urban growth area and the future land use will alter this character to a more suburban residential type neighborhood.


Suitability of subject property for the uses to which it has been restricted.The Subject property is a portion of a larger 32-acre tract under the same ownership. The property has not been platted or subdivided. The structure was built in 1999 per the County Appraiser Office's records and is classified as a commercial building. Traditional commercial uses are not acceptable in this location as the access is limited and requires neighborhood pass-through to reach the property.


The revised application addresses the intensity of use, which would be accept able within this area. However, the underlying question of warehouse storage facility, which is not a permitted conditional use, versus a truck storage facility must still be resolved. If approved for truck storage, the proposed Conditional Use Permit will not change the underlying base county residential zoning nor will it permit warehousing of apartment furniture and cabinetry for a rental business.


Length of time subject property has remained vacant as zoned. The subject property is part of a larger 32.34-acre tract and has been zoned R-1 since the original adoption of county zoning in 1966. The property was vacant until 1999 when the structure was erected. It is classified as a commercial building according to the County Appraiser's Office though it was built as an agricultural building. Agricultural buildings do not require building permits. This structure was noted by the County Zoning Office as violating the County zoning and building codes. The applicant is seeking to resolve the noted violations and retain the use of the building for storage purposes.


Extent to which removal of restrictions will detrimentally affect nearby property. The subject property is located within the Urban Growth Area and is anticipated to develop residentially over time. E 1100 Road is a local road that provides access to the adjacent residential homes in the area and also provides access to the subject property. Approval of the CUP will not alter the base zoning. The applicant has proposed self-limiting conditions that minimize the impact that had originally been a concern for Staff and the Township. This modification in use and access for truck storage would not detrimentally impact adjacent properties.


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. No significant gain to the public is provided by approval of this use. A marginal hardship to the existing adjacent landowners and township road maintenance is recognized. The area is isolated and is not directly accessible. As the area develops, this use will become obsolete and incompatible.


Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing industrial districts outside of the urban area. A Conditional Use Permit can be used to allow limited commercial and industrial usage such as truck storage.


AND subject to the following conditions:



1. Approval of the CUP shall be limited to 5 years at such time the applicant must reapply prior to continuation of the use;
2. Provision of a revised site plan to show the following:
    a. Show existing E1100 Road right-of-way;
    b. Show front building setback along west property line and side building setback along south property line;
    c. Provide reference for drainage easement including Book & Page number;
    d. Show that portion of the subject property that is located within the special hazard district flood zone including the map and date references from FEMA; and
    e. Provision of a revised legal description that cites the full parent parcel that matches the County records and the sub-parcel pro posed.
 3. Provision of a revised site plan to include the following notes:
    a. "No restroom facilities are provided. If a restroom is provided the structure shall be required to meet ADAAG requirements on the site plan as well as actual building construction.
    b. Provision of a note that clarifies the proposed use of the building as truck and mower storage only."
    c. "All access will be limited to automobiles, pickup trucks or other light-duty trucks not to exceed five-ton load limit, and the Applicant shall, at its sole expense, repair all damage to East 100 Road caused by the applicant's use of such road."
    d. "No outside storage of equipment or materials."
    e. "No burning."
    f. "No night uses."
    g. "Exterior safety lighting is permitted."
    h. "No excessive noise."
    i. "No construction debris shall be dumped or disposed of on site."
 4. Revise site plan to remove notes related to exterior storage.


Commissioner Jones stated that he did not support approval of this CUP due to the history of compliance problems. McElhaney stated that he had spoken with staff and the applicant and his concerns have been addressed. He noted that this does fall within the CUP requirements. Jones then stated that it should be made very clear that the County intends to enforce the CUP. Motion was made by Johnson to approve CUP-08-09-02 subject to the above conditions. Motion was seconded by McElhaney and carried with Jones opposed.


PLANNING 02-24-03
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: Conditional Use Permit request for a storage shed at Creekwood Lawn Company. The property is generally described as being located at 1753 N 700 Road. Requested by Shelby Franklin, property owner 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 recommendation for approval, based upon the following Findings of Fact:


Zoning and uses of property nearby. The subject property and surrounding area is zoned for agricultural uses.


Character of the area. The subject property is located two and a half miles north of Baldwin within the Vinland community. This area is characterized as a rural residential area and includes both agricultural and residential uses as well as a small airfield facility. The subject property is outside of any incorporated 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 a paved county maintained road.


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 property is a five-acre tract suitable for future rural residential development.


Length of time subject property has remained vacant as zoned. The subject property is developed with an existing storage building for machinery equipment. The structure was constructed as an agricultural building; therefore no building permit was issued. The County Zoning Regulations were adopted in 1966, this property has been zoned "A (Agricultural)" since that time.


Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide an opportunity for the applicant to be compliant with the minimum zoning regulations and standards until such time as a single-family house is constructed. As a Conditional Use Permit, the issues of screening and buffering to reduce undesirable impacts such as noise and view on residential properties to the west can and should be provided.


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. There is no identified relative gain or detriment to the public's health, safety and welfare by permitting development of this use as a Conditional Use Permit. The underlying A (Agricultural) zoning remains unchanged.


Conformance with The Comprehensive Plan. 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. 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. 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. 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 changes:
    a. Show present and proposed topography at 5'-0" intervals. (19A-4.4)
    b. Provide a note stating: "Work activity on the site shall be limited to the servicing of equipment and/or work vehicles and the pick up or delivery of such equipment/vehicles."
    c. State on the plan if there are restroom facilities on this property.
    d. Show any utilities to this building.
    e. Show dimension of adjacent roadways.
    f. Provision of a note on the face of the site plan that states; "The approved use for this site is an interior equipment storage facility for vehicles, mowers and related lawn care machinery for the applicant. Repair, and/or servicing stored vehicles and equipment, other than those necessary for standard maintenance and upkeep, is expressly prohibited."
    g. Provision of a note on the face of the site plan that states; "Any exterior storage of material shall be completely screened per Section 19-4(24) of the County Zoning Regulations."
    h. Provision of a note on the face of the site plan that states: "The addition of exterior storage of materials shall first require a revision to the site plan portion of the CUP."
    i. Provision of a note regarding existing landscape per Douglas County Zoning Regulations 19A-4.10.


Jones made a motion to approve CUP-12-17-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.


OUT-DISTRICT COMMUNITY COLLEGE TUITION STATEMENTS 02-24-03
Jones moved approval of the five (5) Out-District College Tuition Statements in the amount of $12,396. Motion was seconded by Johnson and carried with McElhaney opposed.


ACCOUNTS PAYABLE 02-24-03
Jones moved approval of accounts payable in the amount of $125,938.65 to be paid 2/10/03; $2,434,805.28 to be paid 2/17/03; accounts payable manual checks in the amounts of $766.00, $1,063.90, $116,806.50, and $5,000.00; payroll in the amount of $557,573.03; and electronic funds transfers in the amounts of $41,188.00 for FICA and $32,822.70 for KPERS to be paid 2/21/03. Motion was seconded by McElhaney and carried unanimously.


APPOINTMENTS 02-24-03
McElhaney made a motion to reappoint Roy Paslay, 309 Elmore, Lecompton, KS, and Paul Hamersky, 2119 E 300 Road, Lecompton, KS to the Fire District No. 1 Board of Trustees, which terms shall expire December 31, 2003.


APPOINTMENTS 02-24-03
McElhaney made a motion to reappoint the following individuals to the Douglas County Senior Services Board of Directors, which terms shall expire December 31, 2004:



  • Debbie Heinrich, 557 E 1750 Road, Baldwin City, KS;

  • Joseph Marzluff, 4807 Brandon Woods Terrace, Lawrence, KS;

  • Charlene Winter, 638 N 1800 Road, Lecompton, KS;

  • Jim Ralston, 3005 W. 26th, Lawrence, KS;

  • Ralph Ruhlen, 610 N 6th Street, Baldwin City, KS; and

  • Virginia Seaver, 600 Louisiana, Lawrence, KS;

and appoint the following individuals, which terms shall expire December 31, 2004:



  • Lori Garber, 604 N 1602 Road, Lawrence, KS;

  • Fred Madaus, 2716 Stone Barn Terrace, Lawrence, KS; and

  • David Mattern, 3006 Longhorn Drive, Lawrence.

Jones seconded and the motion carried unanimously.


MISCELLANEOUS 02-24-03
At 10:45 A.M., Jones made a motion that the Board recess to go into Executive Session for 10 minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of real estate. McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 10:49 A.M. No action was taken.


 Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.


_______________________________ ________________________________
Bob Johnson,  Chairman                           Jere McElhaney, Member


ATTEST:


_______________________________ ________________________________
Patty Jaimes, County Clerk                       Charles Jones, Member