Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning items:
(a) CUP-12-16-02: 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) (Brian Pedrotti)
(b) CUP-03-02-03: Conditional Use Permit request for topsoil removal. The property is generally located at the east end of N 1600 Road. Submitted by Landplan Engineering, P.A. for Pine Family Investments, LC, property owners of record. (Sandra Day)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Johnson called meeting to order at 6:37 P.M. on Wednesday, May 14, 2003. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 05-14-03
There were no consent items.
EMERGENCY MANAGEMENT 05-14-03
Paula Phillips, Director of Emergency Management, updated the Board on demolition and clean-up activities from the May 8, 2003 tornado. McElhaney requested an update on the number of homes damaged. The Board commended Phillips, staff and volunteers for their service.
PLANNING 05-14-03
The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 23, 2003. This item is CUP-03-02-03: Conditional Use Permit request for topsoil removal. The property is generally located at the east end of N 1600 Road. Submitted by Landplan Engineering, P.A. for Pine Family Investments, LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval valid for a period of five (5) years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time to be considered by the Board of County Commission ers, based upon the following Findings of Fact:
Zoning and uses of property nearby. The surrounding property, in all direc tions, is used primarily for agricultural purposes. Scattered rural residential uses are located along County roads east and southwest.
Character of the area. As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without property conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.
Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. The applicant has voluntarily developed a topsoil removal plan with the Department of Natural Resources to minimize any negative impacts.
Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.
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 subject property is located in a relatively undeveloped area. Access to the property is provided from the south via N 1600 Road. Denial of the proposed use will not prohibit the property owner from use of the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.
Conformance with the Comprehensive Plan. Horizon 2020 d s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and major land use categories. The subject property is located within the long-term urban growth area. Future urban development would depend on the availability of major urban infrastructure.
Johnson made a motion to approve CUP-03-02-03 for a period of five (5) years with the extension of the CUP for an additional period of time to be considered by the Board of County Commissioners, based upon the above Findings of Fact. Motion was seconded by Jones and carried unanimously.
PLANNING 05-14-03
The Board discussed item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP- 12-16-02: 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. Patty Jaimes, County Clerk, advised the Board that a protest petition had been filed but its validity was under question due to some legal issues that need to be addressed. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. The Board asked that Pedrotti organize a meeting consisting of Patty Jaimes, County Clerk; Evan Ice, County Counselor; Dan Watkins, attorney for the applicant; and Adra Burks, attorney for Arthur Neis, to determine the validity of the petition. Jones made a motion to open the public hearing asking that Pedrotti present the item, then continue the hearing until Wednesday, May 21, 2003, noting that the Board will accept written communication until that time. Motion was seconded by McElhaney and carried unanimously. Pedrotti then presented the item. After Pedrotti's presentation, Jones moved for continuance of the public hearing to be held on Wednesday, May 21, 2003. Motion was seconded by McElhaney and carried unanimously.
TOWNSHIPS & APPOINTMENTS 05-14-03
McElhaney noted the resignation of Allen Button, Treasurer of Wakarusa Township. No action was taken at this time.
Jones moved for adjournment. McElhaney seconded and the motion carried.
____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Charles Jones, Member
Time and Date