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Commission Board Meeting on Wed, May 17, 2017 - 4:00 PM

Meeting Agenda: 

 

WEDNESDAY, MAY 17, 2017 
4:00 p.m.

-Consider approval of the minutes for February 22, March 1, March 8, March 15, April 12, April 26 and May 3, 2017

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Review and Approve the Juvenile Justice Comprehensive Plan State Block Grant Conditions of Grant Agreement between Douglas County Kansas and Kansas Department of Corrections-Juvenile Services. (Pam Weigand); and
(c) Review and Approve 7th Judicial District Kansas department of Corrections – Juvenile Services Juvenile Justice Grant Application for SFY 2018. (Pam Weigand)

REGULAR AGENDA
(2) TA-16-00511: Consider a Text Amendment to Chapter 12 of the County Code, Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to revise Section 12-319-4.31, Radio, television, telecommunication, and microwave towers, to bring the standards and definitions into compliance with State law. Initiated by County Commission on 11/30/16. Mary Miller is the Planner.

(3) CUP-17-00092: Consider a Conditional Use Permit for a mini-storage facility, located on approximately 11.63 acres in the 1700 Block of E 902 Rd. Submitted by BG Consultants, for Garber Enterprises, Inc., property owner of record. Mary Miller is the Planner.

(4) Consider approval of Accounts Payable (if necessary)  
 (b) Appointments  
 -MPO Bicycle Advisory Committee (1) position
 -Board of Zoning Appeals (1) position 10/16
 -Lawrence-Douglas County Housing Authority Board (1) position 06/17 
 -Metropolitan Planning Commission – Positions (2) 05/17
 (c)  Public Comment
 (d)  Miscellaneous   

(5) Adjourn

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

May 17 2017

Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday,
May 17, 2017 with all members present.

MINUTES 05-17-17
Gaughan moved approval of the minutes for February 22, March 8, March 15, April 12, April 26 and May 3, 2017. Motion was seconded by Thellman and carried 3-0.

CONSENT AGENDA 05-17-17
Gaughan moved approval of the following Consent Agenda:
►  Commission Order No. 17-019 and 17-021 (on file in the office the County Clerk);
►  Agreement Conditions of Grant for the Juvenile Justice Comprehensive Plan State Block Grant between Douglas County Kansas and Kansas Department of Corrections-Juvenile Services; and
►  7th Judicial District Kansas Department of Corrections-Juvenile Services Juvenile Justice Grant Application for SFY 2018. 

Motion was seconded by Thellman carried 3-0.

PLANNING/TEXT AMENDMENT 05-17-17
The Board considered a text amendment, TA-16-00511, to Chapter 12 of the County Code, Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas to revise Section 12-319-4.31, Radio, television, telecommunication, and microwave towers, to bring the standards and definitions into compliance with State law. The item was initiated by the County Commission on 11/30/16. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.  

Gaughan opened the item for public comment. No comment was received.

Gaughan moved to approve the proposed amendment, TA-16-00511, to revise Section 12-319-4.31 Radio, television, telecommunication, and microwave towers to update the definitions and standards for Wireless Facilities in compliance with recent State legislation and to create a new category 12.319-4.38 for Radio, Televisions, and Microwave Towers. Motion was seconded by Derusseau and carried 3-0.
 
PLANNING/CONDITIONAL USE PERMIT 05-17-17
The Board considered CUP-17-00092,  a Conditional Use Permit for a Mini-Storage facility located on approximately 11.63 acres in the 1700 Block of E 902 Road. The application was submitted by BG Consultants, for Garber Enterprises, Inc., property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

The property is located in close proximity to the city limits and has been included in previous annexation requests. Due to the close proximity to the Lawrence city limits and the likelihood of annexation in the future, the project is being reviewed with standards of both the Douglas County Zoning Regulations and the Lawrence Development Code. The property lies within the boundaries of the K-10 & Farmer’s Turnpike Plan, which lists the recommended future land use for the property. Warehouse facilities, such as the proposed mini-storage, are included in the list of recommended uses for the property.  A mini-storage facility is permitted in the A Zoning District with approval of a CUP permit. An Annexation Agreement and a Consent to Annexation will be executed and recorded as part of the platting process.

Staff recommended approval of the Conditional Use Permit for a Mini-Storage use based on the following findings of fact:
I. Zoning and uses of property nearby. The subject property is located near the city limits; therefore there is a blend of urban and rural zonings and land uses in the area. Agriculture and General Public and Institutional Uses are the pre-dominate land uses in the area. The proposed use, a mini-storage facility, would be compatible with the nearby land uses and zonings.

II. Character of the area. The area contains a network of planned roads to provide connections to arterials bordering the area on the north (N 1750 Road), east (E 1000 Road and Wakarusa Drive) and south (W 6th Street/Highway 40). Of these, E 902 Road is in place and Wakarusa Drive (Rock Chalk Drive) is being extended with the development of The Links to connect to E 902 Road. Improvements to E 902 Road will be necessary with this development.

Open space (Baldwin Creek Floodplain and riparian corridor, and City parklands) is present in the area. The area contains a mix of urban and rural land uses with the major uses being agriculture, rural residential, utility, recreation, open space, and sports. The proposed use should have no negative impact on environmental features or open space in the area. With appropriate site design, the use should be compatible with the existing and proposed uses in the area.

III.  Suitability of subject property for the uses to which it has been restricted. The property is suitable for the uses which are permitted within the A (Agricultural) District and is also suitable for the proposed Mini-Storage use.

IV. Length of time subject property has remained vacant as zoned. The property has been used for agricultural uses since the adoption of the Zoning Regulations in 1966.

V. Extent to which removal of restrictions will detrimentally affect nearby property. The project should not negatively impact nearby properties. E 902 Road will be widened and improved to Kanwaka Township standards from the subject property to the intersection with Rock Chalk Drive, which will not only accommodate the self-storage traffic but will provide an improved roadway for the local residences who take access from E 902 Road. The facility itself will be set back from E 902 Road. Lighting will be managed to insure there is no trespass on to adjacent properties and to reduce glare to nearby properties. The photometric plan should be revised to reflect where the lighting levels to the north of the drive and the facility reach the maximum permitted level adjacent to residentially zoned property of 0.2 foot candles.

VI. 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. In staff’s opinion, the approval of this request will result in a compatible project that will not harm the public health, safety or welfare; therefore, denial of the request would provide no benefit to the public health, safety or welfare.

VII. Conformance with the comprehensive plan. The proposed CUP is compliant with the recommendations in the comprehensive plan, particularly the K-10 & Farmer’s Turnpike Plan as the proposed use is a recommended use in the plan.

And subject to the following conditions:
1.  The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Department.
2.  A new septic system shall be installed prior to the operation of the use, per Health Department approval. The plans shall be revised, if needed, to provide additional area for the septic system.
3.  Provision of a revised photometric plan which shows where the light levels reach the maximum amount permitted north of the lights along the north side of the driveway and the north side of the facility (0.2 foot candles).
4.  Provision of a revised CUP plan with the following changes:
a.  Note the agreement between Westar and the property owner regarding the access drive within the 150 ft. easement along the north property line and include the recording Book and Page number. If Westar is permitted shared use on this drive, the use should be limited to trucks that are no larger than a pick-up truck.
b.  Add the following note: “No exterior storage will occur on the site. Any exterior storage would require a revised site plan and compliance with the exterior storage standards in Section 12-319-4.34 and may require an amendment to the CUP, depending on the scale of the exterior storage.”
c.  Add ‘Manager’s Residence’ to the Proposed Buildings and note size of dwelling unit and location on the site.
d.  Note the height of the light poles on the plan.
e.  Revise General Note 3 as follows: “E 902 Road will be improved to Kanwaka Township standards from Rock Chalk Drive to the drive for the storage facility. Improvements will include a 24 ft. wide surface of 8 in. thick stabilized gravel (min.) with an annual dust palliative treatment paid for by the owner.”
f.  Modify landscape plan to include a variety of trees and relocate the trees out of Westar’s easement.
g.  Label the size of the proposed water line and indicate Rural Water District No. 1 is the provider.
h.  Note that the proposed sign is not approved with this CUP and requires a separate permit from the County Zoning and Codes Office.
 
Gaughan opened the item for public comment. No comment was received.

Thellman moved to approve CUP-17-00092, a Consider a Conditional Use Permit for a Mini-Storage facility, located on approximately 11.63 acres in the 1700 Block of E 902 Road and subject to the above listed conditions. Motion was seconded by Derusseau and carried 3-0.
 
ACCOUNTS PAYABLE 05-17-17
Gaughan moved to approve accounts payable in the amount of $1,426,367.39 to be paid on 05/18/17. Motion was seconded by Thellman and carried 3-0.
 
Gaughan moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.

____________________________      __________________________
 Michelle Derusseau, Chair                    Patrick Kelly, Vice-Chair
 
ATTEST:
 ____________________________    ___________________________  
Jamie Shew, County Clerk                   Nancy Thellman, Member