Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Discussion of Future of Extension Service and consideration of resolution to form an extension district with <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Shawnee County (Trudy Rice)
(3) Planning Item: CUP-09-03-04: Conditional Use Permit request for Valley Sharpening Service. The property is located at 701 E 1747 Road, directly west of Vinland Elementary School. Submitted by Rick and Kellie Westgate, property owners of record. (Sandra Day)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5)Jones called the meeting to order at 6:35 P.M. on Wednesday, November 17, 2004 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 11-17-04
Johnson moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5270 and 5271. Orders are on file in the office of the County Clerk.
Motion was seconded by Jones and carried unanimously.
PLANNING 11-17-04
The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 27, 2004. This item is CUP-09-03-04: Conditional Use Permit request for Valley Sharpening Service. The property is located at 701 E 1747 Road, directly west of Vinland Elementary School. Subjected by Rick and Kellie Westgate, 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 unanimous recommendation for approval based on the following Findings of Fact:
FINDINGS OF FACT:
Zoning and uses of property nearby. The subject property is developed with a residence and several out-buildings. The property is a small parcel compared to the surrounding area and is provided access via an existing private road which also serves the adjacent elementary school. The property is surrounded by agricultural zoning in all directions. The Community of Vinland is located to the west of the subject property.
Character of the area. The area is best described as an unincorporated rural community located in the southern portion of Douglas County. This area includes residential, agricultural, business and community uses and facilities.
Suitability of subject property for the uses to which it has been restricted. The property is agriculturally zoned and includes an existing residence and out buildings. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.
Length of time subject property has remained vacant as zoned. The subject property is not vacant as noted above. The applicant resides at this residence. It has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.
Extent to which removal of restrictions will detrimentally affect nearby property. The addition of this use on this rural residential home site is not anticipated to detrimentally affect nearby property. The proposed use d s not alter the base zoning district. The proposed request d s not alter the existing physical improvements to the property according to the applicant's statement. Access is provided via an existing private County Road (E 1747 Road) which also serves the abutting elementary school.
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 will continue to be used primarily as a residential home site. No detrimental impacts are anticipated by the addition of this home occupation.
Conformance with The Comprehensive Plan. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with Horizon 2020.
AND subject to the following conditions:
1. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission before November 17, 2009. The CUP will expire on November 17, 2014. Continuation of the use covered by this CUP beyond November 17, 2014 will require the applicant to obtain rezoning or approval of a new CUP."
2. Provision of a revised site plan to include the following changes:
a. Show location of off-street parking areas within existing driveway per 19A-4.11;
b. Provide a note stating: "Non-resident employees are limited to one (1)";
c. State on the plan if there are restroom facilities in the shop and that any such addition is subject to health department review and approval;
d. Provision of a note on the face of the site plan that states; "Any exterior storage of equipment shall be completely screened per Section 19-4(24) of the County Zoning Regulations."; and
e. Provision of a note on the face of the site plan that states: "The addition of exterior storage of materials shall first require a revision to the site plan portion of the CUP by the County Commission."
Jones requested that staff check for consistency in the language pertaining to the ten (10) year approval with five (5) year review. Jones then made a motion to approve CUP-09-03-04 subject to the above conditions; Johnson seconded and the motion carried unanimously.
EXTENSION & RESOLUTIONS 11-17-04
The Board discussed a proposed resolution approving a proposed extension district with Shawnee County, Kansas. Trudy Rice, Douglas County Extension Director, was present and introduced Extension Executive Board and staff members.
Rice explained that an opportunity exists for Douglas and Shawnee County Extension Councils to form an Extension District. County Extension Executive Boards in both counties have approved a plan that would permit the individual extension councils to merge operations into one organization. The past several months has been spent sharing the idea with the public. This has been accomplished through educational meetings, newsletters, media releases and mass mailings.
Benefits of forming a district include increased operational efficiency and increased effectiveness of personnel through specialization, resulting in higher quality educational programming for our citizens. The visibility of extension will be enhanced by the combined efforts and expanded use of technology. Staff will remain at their current location and local offices will be maintained. To maintain the total dollars of the current county appropriations in Douglas and Shawnee counties, the mill levy equivalent for the extension district would be slightly lower than the current level in Douglas County.
The recommendation of the Douglas County Extension Executive Board is to vote in support of a resolution indicating the County's intention to approve an agreement to permit the Douglas County Extension Council to join the Shawnee County Extension Council in forming an extension district.
John Bradley, Douglas County Extension Board Chair, and Kevin Journagan, Shawnee County Extension Board Chair, conducted brief presentations.
McElhaney raised questions concerning buildings and grounds maintenance, utilities, overhead, and general upkeep maintenance. Craig Weinaug, County Administrator, stated that the current Extension Office is owned by Douglas County which was taxed for the purpose of building a building for that specific purpose and suggested that a lease agreement could be executed to address those particular issues.
McElhaney questioned how the elected Board positions would work. Rice explained that there would be four (4) individuals from each county that are part of the District and they would be elected positions. The elections would be held at the same time the city/school elections are held in odd numbered years. Rice also explained that the County Commission would make the appointments until 2007.
McElhaney then questioned whether the District would have taxing authority. Rice stated they would have the power to levy taxes on residents of both counties, by law, an amount of up to 2.5 mills or $75,000 per county, whichever is greater.
Johnson stated that while he was a supporter of the Extension Office, he found it difficult to vote for another taxing unit since he believes there are too many in Douglas County now. He indicated that if he were to support this proposal, he would like to see it pass with a unanimous vote from both counties.
Jones noted that Douglas County d s a better job of funding the Extension Office than d s Shawnee County. He pointed out that looking at the funding per capita, Douglas County spends approximately $4.32 compared with Shawnee County's $2.83 and that would constitute a large increase in terms of what Shawnee County residents currently pay. He questioned whether or not Shawnee County was comfortable with that. Journagan stated he believed they were.
Jones then expressed concern about the level of service dropping off. He suggested that both Commissions sit down and discuss all the implications.
Cheryl Hunsinger, Gary Price, Elissa Golden, Terry Price, Brenna Wulfkuhl, and Earl Van Meter spoke in favor of the district.
It was the consensus of the Board to table action until a joint meeting with Shawnee County has been scheduled. No action was taken.
ACCOUNTS PAYABLE 11-17-04
Johnson moved approval of accounts payable manual checks in the amount of $3,625.60; Jones seconded and the motion carried unanimously.
APPOINTMENTS 11-17-04
Johnson made a motion to appoint Charles Wintermantel to act as temporary auditor for the months of January and February 2005 in the absence of Dean Nieder. Motion was seconded by Jones and carried unanimously.
Jones made a motion to adjourn, seconded by Johnson and carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date