- Pledge of Allegiance
(1) (a) Consider approval of Commission Orders
(b) Planning Item: CUP-12-16-02: Approval of conditions for Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. (Legal description is on file at the Planning Office.) Requested by N.R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record. This item was originally approved by the County Commission on May 21, 2003 with approval of conditions deferred to a later meeting. (Brian Pedrotti)
(c) Consider approval of city/county agreement to provide for the city improvement of O'Connell Road
(2) Consider approval from Tom and Tempest Stein for a road frontage and private road variance at 1248 E 2100 Road, Eudora, KS (Keith Dabney)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(d) Public Comment
Johnson called meeting to order at 4:16 P.M. on Wednesday, July 2, 2003. All members were present. The Pledge of Allegiance was recited.
The Board conducted 2004 budget hearings. No action was taken.
CONSENT AGENDA 07-02-03
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order No. 5147. Order is on file in the office of the County Clerk;
- Approve Resolution No. 03-16 designating County Road E 1600 (O'Connell Street), from East 23rd Street (Kansas Highway 40) to County Road N 1300) as a primary arterial highway pursuant to K.S.A. 68-580 et seq.;
- Pull the item "Planning Item: CUP-12-16-02: Approval of conditions for Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. Requested by N.R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record. This item was originally approved by the County Commission on May 21, 2003 with approval of conditions deferred to a later meeting; and
- Approve Cooperation Agreement between the City of Lawrence and Douglas County concerning the engineering design and construction of O'Connell Street improvements.
CUP-12-16-02; APPROVAL OF CONDITIONS AND RESTRICTIONS FOR CONDITIONAL USE PERMIT FOR EUDORA QUARRY #68; NORTHWEST CORNER OF N 1200 ROAD AND E 2400 ROAD
This item has to do with CUP-12-16-02: Conditional Use Permit request of N.R. Hamm Quarry, Inc. for its Eudora Quarry #68. On May 21, 2003, the Board determined it would approve the CUP, conditioned upon finalization and approval of appropriate conditions and restrictions. At that meeting the Board gave instructions to Planning Staff regarding revisions to make to the conditions and restrictions that the Lawrence-Douglas County Planning Commission recommended. This item is on the agenda for consideration of the revised conditions and restrictions.
Brian Pedrotti, staff member of the Lawrence-Douglas County Planning Department introduced this matter. After the May 21, 2003 meeting, Pedrotti met with Dan Watkins, attorney for the applicant, regarding finalization of the conditions and restrictions. Pedrotti presented revised conditions and restrictions and referenced a letter from Watkins to the Board dated July 2, 2003 outlining a few differences between Pedrotti's understanding of the Board's instructions and Watkins understanding of the Board's instructions.
The Commissioners discussed Watkins' July 2, 2003 letter and concluded that the revisions requested in that letter were generally consistent with the Board's May 21, 2003 discussion.
Commissioner Jones suggested that the tonnage fee should be indexed annually, not every 5 years. Commissioner Jones also suggested that the conditions and restrictions should be silent on asphalt/concrete batch plants, rather than even referencing a future temporary business permit.
Chairman Johnson suggested that his recollection was that wells & springs would not be included in a pre-blast survey, but Commissioner Jones thought it should be kept in because that was a concern of the neighboring property owners.
Dan Watkins, attorney for Hamm Quarry, stated that the previous discussion was consistent with his recollection of the May 21, 2003 meeting. Regarding reclamation of the Petefish quarry east of the creek, Watkins agreed that the CUP should not require reclamation "within one year" quarrying begins in the new quarry area, rather than "around the time" quarrying begins.
Adra Burks, attorney for the opponents, stated that she had not met with Planning Staff since the May 21, 2003 meeting. Burks made a number of observations and complaints about the revised conditions and restrictions, including: the legal description in the CUP application is incorrect; the CUP should be make clear that an asphalt/concrete plant not be used on the site; that the blasting time limitations are too vague; whether a hydrologic study would be required prior to blasting is unclear; that the fence repair requirements along N 1200 Rd are too vague; that the north 32 acres of the existing quarry north of the initial 40 acre Petefish quarry is subject to a CUP, but planning staff has not located the CUP; that there is no reclamation obligation for the 40 acres of the existing quarry; that as the CUP is written, over 100 acres could be open for quarrying without having to do any reclamation and that the Board should request a specific reclamation plan; that it is not clear when the site access and road restrictions commence; that Hamm Quarry should have no input concerning road restrictions along Route 1061, that is a decision for public officials; that a stock sale of Hamm Quarry would not require approval by the Board; and that a 30 year CUP is too long given potential development in the area.
Chairman Johnson noted that this is a quarry that would be used intermittently, meaning that it might not have activity for several months and then might have intense activity for a period of time. The intent of requiring Hamm Quarry to communicate with public officials concerning Route 1061 traffic was to require notification prior to the intense activity. Commissioner Jones suggested revising Section XI (h) (as presented in Watkins' July 2, 2003 letter to the Board) so that it is consistent with this intent.
Commissioner Jones noted that being silent on a future asphalt/concrete plant does not condone the plant. He also stated that he believes the conditions and restrictions adequately address reclamation issues. Commissioner Jones noted that the Petefish quarry does not currently have a reclamation requirement under state statute and granting the CUP will ensure reclamation of that site.
Commissioner Jones made a motion for Planning Staff to revise the conditions and restrictions in accordance with the discussion of the Board, with a specific request to double check the CUP reclamation requirements regarding the Petefish quarry, and bring the revised conditions and restrictions back to the Board no later than July 9, 2003. Chairman Johnson seconded and the motion carried unanimously.
The Board considered a request received by Tom and Tempest Stein for a variance of Home Rule Resolution No. 02-3-1, which resolution requires a 250' road frontage, and a variance from a City of Lawrence/Douglas County Joint Resolution No. 98-54, Ordinance 7054, which abolishes private roads. Tempest Stein made a brief presentation noting their desire to split their property currently consisting of 15.2 acres. The Steins wish to sell the existing residence and build another on five acres if the variance is granted. Keith Dabney, Director of Zoning & Codes, was also present for the discussion. Dabney recommended denial of the request. Johnson indicated that he was not in support of the request. Jones noted that he was also not in support of the request. No action was taken.
At 7:50 P.M., Jones made a motion that the Board go into executive session for ten (10) minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of land. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 8:00 P.M. No action was taken.
The Board conducted additional budget hearings. No action was taken.
Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.
Bob Johnson, Chair Jere McElhaney, Member
Patty Jaimes, County Clerk Charles Jones, Member