Meeting Information
- Convene
- Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Items:
(a) SP-04-23-03: Spec Warehouse - First Management, a site plan for the development of an 80' X 120' industrial warehouse building with an outdoor storage area, located at Maple Grove North No. 3, Lot 3, at the end of an industrial cul-de-sac accessed from Highway 24/59. Submitted by Paul Werner Architects, agent for First Management, property owner of record. (Paul Patterson)
(b) SP-04-22-03: Kaw Valley Motors, a site plan for documentation of existing conditions for commercial building located at 1787 E 1450 Road as an existing non conforming use. Submitted by Kevin Raasch, applicant, Kaw Valley Metals, Inc. LLC., property owner of record. (Sandra Day)
(3) Consider approval of open burn regulations proposal (Douglas County Fire Chiefs Association)
(4) Discussion of nursing program for the school district
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Johnson called meeting to order at 9:01 A.M. on Monday, May 19, 2003. All members were present. The Pledge of Allegiance was recited.
CONSENT AGENDA 05-12-03
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5139. Order is on file in the office of the County Clerk.
Motion was seconded by McElhaney and carried unanimously.
PLANNING 05-19-03
The Board considered SP-04-23-03: Spec Warehouse -- First Management, a site plan for the development of an 80' X 120' industrial warehouse building with an outdoor storage area, located at Maple Grove North No. 3, Lot 3, at the end of an industrial cul-de-sac accessed from Highway 24./59. Submitted by Paul Werner Architects, agent for First Management, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item.
Staff Review
The applicant proposes to develop a speculative 80' X 120' warehouse building in an I-2 (Light Industrial) zoning district. The existing 4.448 acre property is vacant and is described as Maple Grove North, Lot 3, a county plat located between two pieces of incorporated (City of Lawrence) land.
Access to the lot is from the end of an existing cul-de-sac located on the east side of Highway 24/59, approximately 600' north of Highway 24/40 (just north of the Maple Grove Cemetery).
Future Use
This is a speculative industrial warehouse building with a ground floor area of 9,600 square feet and a 2nd floor mezzanine of 2,000 square feet. The site plan also shows an outside storage area (approximately 100' X 248') developed with a proposed ground cover of 4" gravel and secured with a 6' chain link fence.
The site plan states the use of the property to be a contractor's shop and storage yard. If other I-2 (Light Industrial) permitted uses are proposed, parking may need to be further evaluated.
Floodplain
Portions of Lots 2-5 of the Final Plat of North Maple No. 3 are located within the 100 year floodplain as shown on the adopted Federal Emergency Management Administration's floodplain map that became effective on November 7, 2001. Lot 3 is entirely within the Flood Zone AE, base flood elevations determined, special flood hazard areas inundated by 100 year flood. The applicant will need to obtain a floodplain development permit from the Douglas County Zoning & Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.
The site plan map notes the 100 year floodplain base elevation, as set on the FEMA map, is 823.9 feet for this area. The county regulations require develop ment to be elevated a minimum of one foot above the base flood elevation. The site plan indicates a recommended elevation that is two feet above the base flood (site plan notes the minimum floor elevation of 824.9 feet, and the sug gested floor elevation of 825.9 feet).
Septic System
The applicant has indicated the owner will provide a septic system with the proposed site plan. A septic system construction permit must be approved by the Douglas County Health Department prior to release of the site plan for building permits, and the location of the approved septic field must be shown on the site plan. No portion of the septic field should overlap a driveway, paving surface, or utility easement.
Access
This property is accessed at the end of a privately built and privately maintained cul-de-sac, which is located within a 70' wide access/utility easement as ap proved on the Final Plat of Maple Grove North No. 3. A note regarding the construction and maintenance of the shared drive as required on the final plat is provided on the face of the site plan.
Building Setback
In an I-2 (Light Industrial) zoning district, the required setbacks are 25' front yard, 10' side yard, and 20' rear yard. The proposed building meets the minimum building setbacks for this property.
Air Space Control Area District
The property is located in close proximity to the Lawrence Municipal Airport and is within the air space control area district. Per Section 20-1106 of the Lawrence Zoning Ordinance, no use shall be made of land within any Air Space Control Area District which:
(a) Creates electrical interference with radio communications between the airport and aircraft including radio and television transmitting towers or studios, and large radiation or x-ray equipment.
(b) Includes above ground storage of petroleum or any other explosive material.
(c) Emits smoke or odor.
(d) Contains lights or signal which may be confused with airport naviga tional lights.
(e) Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the district.
(f) Provides private airfields or runways for the use of aircraft other than those used in the principal airport in the district.
(g) Otherwise endangers the landing, taking-off, or maneuvering of air craft.
Section 20-1110 Conflicting Regulations, of the Lawrence Zoning Ordinance, states:
In the event of conflict between the Air Space Control Area District regula tions and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, use of land, or any other matter, and whether such other regulations were adopted by the City of Lawrence or any other unit of local government, the more stringent limitation or requirements as to airport hazards shall govern and prevail.
A condition should be required that the use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.
All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.
Staff Recommendation
Staff recommends approval of the proposed site plan subject to the following conditions:
1. Approval of a septic system construction permit prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.
2. Provide a note on the face of the site plan that indicates:
a) The use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.
b) All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.
3. The applicant will need to obtain a floodplain development permit from the Douglas County Zoning & Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.
Jones noted concerns regarding septic systems in the floodplain. McElhaney stated that the site plan follows the Guidelines.
McElhaney made a motion to approve SP-04-23-03 subject to the above condi tions. Motion was seconded by Johnson and carried with Jones voting nay.
PLANNING 05-19-03
The Board then considered SP-04-22-03: Kaw Valley Motors, a site plan for documentation of existing conditions for commercial building located at 1787 E 1450 Road as an existing non-conforming use. Submitted by Kevin Raasch, applicant, Kaw Valley Metals, Inc., LLC., property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented this item.
Staff Review
The intent and purpose of this site plan is to document the existing non-conform ing uses of a developed site. The site is an existing industrial property and will be reused as a salvage/towing and storage facility under a new operator.
The subject property is located in Douglas County north of the Lawrence city limits along the west side of E 1450 Road (Highway 59/40). The property abuts the Union Pacific Railroad right-of-way along the west property line. The property is an existing 12.29-acre industrial property that was not previously site planned. The subject property is located in Service Area 2 of the City's Urban Growth Area. The applicant is relocating a current salvage operation to an existing industrially zoned property. The purpose of this site plan is to document the existing commercial activity of the property. The site has previously been used for the same purpose and is known as an existing non-conforming use. A building permit will be required for interior remodel of the primary structure (Building 2) thus necessitating a site plan for the property.
Zoning and Existing Development
The subject property is zoned I-2 (Light Industrial District) which permits a variety of land uses. The site includes multiple structures and a large exterior storage area. The site has previously been used for an automotive related storage/salvage use. Ownership has changed for the business operation, but the property owner of record has not. Therefore, a Conditional Use Permit was determined by the County Zoning Code Administrator to not be necessary. Any significant changes in the future of this property and/or operation of use may result in a re-evaluation of that requirement.
The subject property is developed with several detached buildings some of which are vacant. The primary activity will occur in Buildings 1 and 2. Building 1 is an accessory/storage building. The applicant has stated that this building will be demolished and reconstructed in the future. It should be noted that as the property is encumbered by the regulatory floodplain, building additions and/or reconstruction will require approval of a floodplain development permit. A building permit will be required from the County at that time unless otherwise annexed. Renovations and improvements to the site must meet minimum County Zoning and Building Code requirements. Additionally, there is an existing single- family residence located at the south end of the property. This structure has been designated unsafe and has been identified for demolition. Staff recom mends, as a condition of approval, the single-family home be demolished prior to release of the site plan for issuance of county building permits. The applicant should be advised if additional uses are added to the property that intensify activities, annexation is a likely recommendation.
The subject property is also encumbered by regulatory floodplain. The rear portion of the lot will be used for exterior storage and must be screened. The site plan has been revised to note that no portion of the regulatory floodplain shall be used for exterior storage. Minimum fencing is recommended around the open storage area. Additionally, any exterior parking areas must be screened from public view.
Staff noted in the review comments the building setback is not correctly shown on the face of the site plan. Staff recommends this element be revised per staff approval. The proposed site plan d s not alter the location of the pavement or buildings as they currently exist. Upon annexation into the City of Lawrence, the site would not comply with the minimum setback and city zoning regulations regarding parking lot design. This information is provided for reference. Any future site plan revisions to the site should include modifications that address zoning compliance.
Access
The subject property is accessed via four (4) existing curb cuts to E 1450 Road (US Highway 59/40). The site plan d s not propose to modify the existing entrances. Any changes to the driveways will require KDOT approval. The parking lot arrangement has been slightly revised to remove parking stalls that conflicted with the access way and driveways to the site. The site plan provides the minimum required parking for all uses (proposed as well as vacant buildings) located along the north side of Building 2. This parking is not centrally or conve niently located to the other buildings. Any reuse/redevelopment of other buildings should include revised parking to provide better access and convenience within the site as part of any future site plan changes.
Public Utilities
The site is not served by either municipal water or sanitary sewer services. Two water wells are located on site within Building 2 and Building 5. Municipal water is located along the east side of E 1450 Road, but d s not touch the subject property. Sanitary sewer is located at the south end of the subject property, but would require additional review and approval for extension of service. Addition ally, the property would be required to be annexed prior to provision of municipal services. The site plan has been revised to show the estimated location of two existing on-site sewage disposal systems. The County Health Department indicated that the existing septic system will need to be evaluated and is a recommended condition of approval.
Staff Recommendation
Staff recommends approval of the site plan subject to the following conditions:
1. Proof of demolition of the existing single-family home prior to release of the site plan for issuance of County building permits;
2. Provision of a revised site plan to correctly show the front building setback per staff approval; and
3. Examination and approval of the existing septic system by the County Health Department prior to release of the site plan for issuance of building permits.
Jones made a motion to approve SP-04-22-03 subject to the above conditions with the following additional conditions
4. The fence and groundcover shall be regularly maintained.
5. The Health Department shall be consulted with regard to proper maintenance of existing wells.
Motion was seconded by McElhaney and carried unanimously.
EMERGENCY MANAGEMENT 05-19-03
The Board discussed a proposal received from the Douglas County Fire Chief's Association recommending the adoption of a home rule resolution that estab lishes regulations for safe burning practices in Douglas County. Chris Lesser, Chief of the Kanwaka Township Fire Department, was present for the discussion. After review of the proposed resolution, the Board suggested various amend ments such as allowing bonfires and campfires and directed the Association to return with the revisions. No action was taken.
MISCELLANEOUS 05-19-03
On April 30, 2003, the Board discussed possible County funding for school nursing services deferring action until a later date. Jones had suggested that a study group consisting of representatives from the schools in Douglas County; Kay Kent, Director of the Lawrence-Douglas County Health Department; a member of the Health Board; and Craig Weinaug, County Administrator, con sider the following mechanisms:
- simple pass-through (per student basis)
- all nursing through the Health Department
- "Public health" nursing through the Health Department
and to make a recommendation to the County Commission in a 6 month time frame. After discussion, it was the consensus of the Board that Johnson take the lead on forming the committee with the help of Craig Weinaug.
ACCOUNTS PAYABLE 05-19-03
Jones moved approval of accounts payable in the amount of $119,488.45 to be paid 5/19/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $559,564.01; and electronic funds transfers in the amounts of $41,326.34 for FICA and $32,033.12 for KPERS, to be paid 5/16/03. Johnson seconded and the motion carried unanimously.
APPOINTMENTS & TOWNSHIPS 05-19-03
McElhaney made a motion to appoint Norman Leary, 1059 E 1479 Road, Lawrence, KS as Treasurer of the Wakarusa Township Board to replace Alan Button who recently resigned. Motion was seconded by Jones and carried unanimously.
APPOINTMENTS & PLANNING 05-19-03
Jones made a motion to reappoint Sue Pine, 1783 E 1500 Road Lawrence, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for an additional 3-year term which shall expire on May 31, 2006. McElhaney seconded and the motion carried unanimously.
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