Meeting Information
- Convene
- Pledge of Allegiance
- Consider approval of minutes of November 13, 2002
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of Annual Noxious Weed Eradication Progress Report (Keith Browning/Junior Starkebaum)
REGULAR AGENDA
(2) Discussion of Douglas County Investment Policy
(3) Planning Items:
(a) CUP-10-11-02: A Conditional Use Permit Request for a business known as Lecompton Boat Storage. The property is generally located at 568 N 1800 Road. Submitted by George F. Roll, property owner of record (Sheila Stogsdill)
(b) SP-01-02-03: Radio tower for Capitol Concrete, Revised Site Plan for a warehouse/office/yard; Maple Grove No. 3, Lot 1, north of 24/40-24/59 intersections. (Brian Pedrotti)
(4) Joint meeting with Board of Zoning Appeals
(5) Consideration of dust palliative program policies for 2003 (Keith Browning)
(6) 2003 Budget Revision Hearings
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(8) Executive Session to consult with Attorney
(9) Adjourn
Chairman Johnson called the meeting to order at 8:30 A.M. on Monday, January 27, 2003. All members were present. The Pledge of Allegiance was recited.
McElhaney made a motion to approve the minutes of November 13, 2002. Jones seconded and the motion carried unanimously.
CONSENT AGENDA 01-27-03
McElhaney made a motion to approve the following Consent Agenda:
- Approve Commissioners Order Nos. 5105, 5106 & 5107. Orders are on file in the office of the County Clerk; and
- Approve the Annual Noxious Weed Eradication Progress Report.
Jones seconded and the motion carried unanimously.
MISCELLANEOUS 01-27-03
The Board discussed the Douglas County Investment Policy. Members of the Investment Committee, Laverne Epp, Tom Singleton, Pat Wells, and Pam Madl were present for the discussion. Laverne Epp conducted a brief presentation of the progress of the goals that were initially set by the Committee. The Board suggested a few revisions to the policy for future approval. No action was taken.
PLANNING 01-27-03
The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated December 18, 2002. This item is CUP-10-11-02: A Conditional Use Permit Request for a business known as Lecompton Boat Storage. The property is generally located at 568 N 1800 Road. Submitted by George F. Roll, property owner of record. Sheila Stogsdill, 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 on the following Findings of Fact:
Zoning and uses of property nearby. The subject property is located west of the northwest corner of N 1800 Road and E 600 Road. The properties on all sides are zoned A (Agricultural) District, and are primarily undeveloped agricul tural uses and scattered single-family residences in all directions. One exception is the Retke Kennel located on the northwest corner of N 1800 Road and E 600 Road, to the east of the subject property.
Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d s not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture. The existing use of the site as an agricultural storage area is compatible with the property's current zoning of A (Agricultural) District. The additional storage of boats is also compatible with the current zoning and with the surrounding properties, if all conditions of approval are met.
Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural and residential use.
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request may impact the surrounding roads by increas ing non-residential traffic to the adjacent county roads (E 600 Road and N 1800). The impact will potentially be the greatest at the intersection of E 600 and N 1800, where there are limited site distances available to traffic entering these roads. The site d s not anticipate significant detrimental impacts upon nearby properties from the storage of boats inside the proposed building as the area is over 10 acres in size, and will be well screened from neighboring 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. The zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the boat storage are not increased over time or given the same permanency, as a rezoning of the property would confer.
Conformance with The Comprehensive Plan. The subject property is located approximately five miles west and slightly north of the City of Lawrence, and beyond the urban growth area shown in Figure 9 of Horizon 2020. Horizon 2020d s not address conditional use permits as a tool to achieve specific policies.
AND subject to the following conditions:
1. All boats must be stored entirely inside the building;
2. No outside storage of non-agricultural equipment is permitted;
3. Submission of a revised site plan that includes:
a. A legal description of the property;
b. Show utility and easement locations;
c. Show proposed location, indicate direction, and list amount of illumination of proposed lighting;
d. Show topography by contour lines of not more than five feet inter vals;
e. The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures;
f. Show the location of all parking, loading, and walkway areas;
g. List the type of surfacing and base course proposed for all parking, loading, and walkway areas;
h. Note of face of plan that says all storage is limited to inside the building;
i. Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February 2008. The CUP will expire in February 2013. Continuation of the use beyond February 2013 will require rezoning or approval of a new CUP"; and
4. Forwarding of a separate recommendation from the Lecompton Plan ning Commission prior to this item being scheduled for action by the Board of County Commissioners.
It should be noted that the Lecompton Planning Commission also voted unani mously to approve the CUP. Jones made a motion to approve CUP-10-11-02 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
PLANNING 01-27-03
The Board considered SP-01-02-03: to permit a radio tower at property on the east side of Highway 24/59, approximately 600' north of Highway 24/40. Submit ted by Paul Werner Architects, L.L.C. for Capitol Concrete, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropoli tan Planning Department, presented this item. The applicant proposes to con struct a radio tower with a maximum height of 80' at the future site of Capitol Concrete on the east side of Highway 24/59, approximately 600' north of High way 24/40. The subject property is Lot 1 of Maple Grove North #3, a county plat located between two pieces of incorporated land. The property is located within an I-2 (Light Industrial) District, which allows towers less than 100' in height as permitted uses.
The applicant has requested approval of a BX-64 series tower. No additional equipment is required at the base of this type of tower. The tower proposed will be located so that it is set back at least 90' from all property lines to allow for a proper fall zone. No other changes to the site plan are proposed, and the tower proposal meets the requirements of the I-2 zoning district. McElhaney made a motion to approve SP-01-02-03; Jones seconded and the motion carried unani mously.
ZONING & APPOINTMENTS 01-27-03
The Board conducted a joint meeting with the Board of Zoning Appeals. The Board recommended that the Board of Zoning Appeals return with recommendations regarding set backs, limits on reapplying for permits, and term limits. No action was taken.
PUBLIC WORKS 01-27-03
The Board considered the Dust Palliative program policies for 2003. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that in past years the County has brokered this program with residents paying for the actual cost of material used plus an administrative fee to help absorb inspection and administrative costs. Johnson made a motion to grant permission to continue the brokerage of a dust palliative program with an up front user fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45 per applicant; and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.
BUDGET 01-27-03
Craig Weinaug, County Administrator, presented a summary of Governor Graves' budget cuts to the Board. Weinaug explained that the only difference in Governor Sebelius' budget was not to cut the Highway Fund Aid to Cities and Counties of 10%. Weinaug recommended that the Board cut just under $1.5 million of the 2003 Budget. The Board agreed with Weinaug's recommendations.
Weinaug then explained that there were four items that needed further discus sion: Soil Conservation, Noxious Weeds, closure of the Baldwin Satellite Office and District Court budgets. Weinaug recommended these budgets be cut by 5%.
- Soil Conservation: The Board agreed with staff recommendations.
Noxious Weeds: The Board agreed with staff recommendations. Johnson and Jones want to remove the requirement for the subsidy on the chemi cals. This needs to be added to a list that will be presented to Legislators listing the Counties concerns.
District Court: The Board agreed with staff recommendations.
Baldwin Satellite: Weinaug's initial recommendation was to enter into a cooperative agreement with the City of Baldwin which would necessitate a change in the law. If this change could not be accomplished, then the only two options would be to leave the Baldwin Satellite as is or close it all together. Pat Wells, Douglas County Treasurer, stated that she would not support a contract with the City of Baldwin. Wells noted that the Depart ment of Revenue and the Kansas Treasurer's Association would not support it because of the statute. Wells expressed concern with privacy act and control. It was the consensus of the Board that staff be directed to amend the 2003 budget as recommended with the closing of the Baldwin Satellite Office, and that approval by the Board be placed on the Consent Agenda on 2/3/03.
ACCOUNTS PAYABLE 01-27-03
Jones moved approval of accounts payable in the amounts of $195,354.66 to be paid 01/21/03 and $144,858.26 to be paid 01/27/03; manual checks in the amount of $766.00; payroll in the amount of $569,355.37; and electronic funds transfers in the amounts of $42,071.97 for FICA, and $32,887.07 for KPERS to be paid 1/24/03. McElhaney seconded and the motion carried unanimously.
APPOINTMENTS 01-27-03
Johnson made a motion to nominate Lynn Parman to the Board of Directors for Local Area II Workforce Investment Board, Heartland Works Inc. Jones sec onded and the motion carried unanimously.
MISCELLANEOUS 01-27-03
A letter was drafted and signed by the Board to the City Commission in support of the proposed Serologicals tax abatement approval that is to be considered by the Lawrence City Commission on January, 28, 2003. Based on the assumption that Serologicals Corporation will locate in East Hills Business Park in Douglas County, Kansas, which would create 40 new jobs initially and grow to 60 jobs over 3 years, with an average wage of $47,000.00 annually.
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
Time and Date