Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Item: CUP-08-07-02: Conditional Use Permit request for Schaake's Pumpkin Patch, including the sale of farm-related merchandise not produced on the farm. The property is generally located at 1791 N 1500 Road. Submitted by Larry Schaake, property owner of record (Brian Pedrotti)
(3) Other Business
(a) Consider approval of Accounts Payable (if nesessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Chairman McElhaney called the meeting to order at 6:36 P.M. on Wednesday, November 13, 2002. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 11-13-02
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5063, 5064, 5065 and 5066. Orders are on file in the office of the County Clerk.
Johnson seconded and the motion carried unanimously.
PLANNING 11-13-02
The Board considered approval of CUP-08-07-02, a Conditional Use Permit request for Schaake's Pumpkin Patch, including the sale of farm-related mer chandise not produced on the farm. The property is generally located at 1791 N 1500 Road. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this 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 subject site is located on N 1500 Road. Surrounding zoning includes "A" (Agricultural) on all sides. Surrounding land uses are primarily agricultural with farm residences.
Character of the area. The northern portion of the property is currently devel oped with Schaake's Pumpkin Patch. The remainder of the property is agricul tural. The character of the surrounding area is agricultural, with East Hills Business Park about 1/4 mile to the west and south.
Suitability of subject property for the uses to which it has been restricted.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 Schaake's Pumpkin Patch business. The primary sales use has existed for over 25 years. The property has been zoned "A" (Agricultural) District since 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.
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 proposed facility is consistent with the goals and policies in Horizon 2020.
AND subject to the following conditions:
1. Revise the text of the site plan to provide the following information:
a. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."
2. 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 Febru ary, 2007. The CUP will expire in February 2012. Continuation of the use covered by this CUP beyond February 2012 will require rezoning or approval of a new CUP."
After discussion Jones made a motion to approve CUP-08-07-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE 11-13-02
Jones moved approval of accounts payable manual checks in the amounts of $760.00 and $469.16. McElhaney seconded and the motion carried unani mously.
JUDICIAL & LAW ENFORCEMENT BUILDING 11-13-02
Jones requested that a walking tour of the newly remodeled Judicial & Law Enforcement Building be scheduled on Monday, November 18, 2002.
MISCELLANEOUS 11-13-02
Jones then discussed the enforcement of vicious dog ordinances. He directed staff to schedule a joint city/county meeting for further discussion.
McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.
_____________________________ _____________________________
Jere McElhaney, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date