Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of acquisition of a vehicle for Community Corrections (Jackie
Waggoner)
(c) Consider approval of recommendation of vehicle purchase for the Sheriff's
Department (Jackie Waggoner)
REGULAR AGENDA
(2) Planning Items:
(a) CUP-01-01-05: Conditional Use Permit request for re-approval of a truck storage facility. The property is located at 1622 E 1550 Road and contains approximately 3.389 acres. Submitted by Paul Werner Architects for Wesley R. Kabler, property owner of record. (Sandra Day)
(b) SP-03-22-05: Keys Landscape, a site plan for the construction of an office building located at 1722 E 1500 Road. Submitted by Peridian Group, Inc. for David A. Vaughn, property owner of record (Lisa Pool)
(3) Consider whether to proceed with the process to declare a portion of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />N300 Road as "minimum maintenance" (Keith Browning/Michael Kelly)
Jones called the meeting to order at 8:32 A.M. on Monday, April 11, 2005 with all members present. The Pledge of Allegiance was recited.
CONSENT AGENDA 04-11-05
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order No. 5311. Order is on file in the office of the County Clerk;
- Pull the item "Consider approval of acquisition of a vehicle for Community Corrections" for discussion; and
- Approve the purchase of five (5) patrol vehicles from Shawnee Mission Ford in the amount of $105,200 and authorize staff to sell vehicles being disposed of on eBay.
Motion was seconded by Johnson and carried unanimously.
COMMUNITY CORRECTIONS & PURCHASING 04-11-05
The Board discussed the acquisition of a vehicle for Douglas County Community Corrections. In November 2004, the Board approved an application for Douglas County Community Corrections FY 2004 Unexpended Funds for the purchase of a vehicle for staff to use primarily for surveillance. Funds in the amount of $14,000 were issued for this purpose. Ron Stegall, Director of Community Corrections, expressed his desire to purchase a used Chevrolet Malibu, which meets both the needs and cost of his department. Stegall explained they currently drive a Ford Taurus and have experienced high maintenance issues with this vehicle. Johnson and McElhaney questioned whether it would be beneficial to purchase a new vehicle instead of a used vehicle. After discussion, Jones made a motion to authorize the purchase of one (1) 2005 Ford Taurus at a total cost not to exceed $14,000. Motion was seconded by Johnson and carried unanimously.
PLANNING 04-11-05
The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 16, 2005. This item is CUP-01-01-05: Conditional Use Permit request for re-approval of a truck/storage facility. The property is located at 1622 E 1550 Road and contains approximately 3.389 acres. Submitted by Paul Werner Architects for Wesley R. Kabler, property owner 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 upon the following Findings of Fact:
Zoning and uses of property nearby. The area is located on the east side of N. 9th Street on the fringe of the City. It is within the city's urban growth area; it is zoned A (Agricultural) to the north, south and east of the subject property and the predominate land use is agricultural. A farm operation is located southeast of the subject property. A non-conforming commercial/entertainment use is located immediately adjacent to the subject property to the north.
Character of the area. The subject property is located along N. 9th Street, a boundary line road in North Lawrence. To the west, within the City, the area is an older residential neighborhood. The subject property is contiguous to the city limits of Lawrence and is within "Service Area 2" of the "Urban Growth Boundary" for the City of Lawrence. The predominate land use is agricultural in three directions. Other land uses along the east side of N. 9th Street include large farm tracts, Astaris [Former FMC plant], and Century Homes located further to the north.
Suitability of subject property for the uses to which it has been restricted. The property lies within the Urban Growth Area of the City of Lawrence. Sanitary sewer service to this property is not available at this time. Its development in the County should not preclude the observation that it is adjacent to an established residential neighborhood in Lawrence. For this reason, the site plan for the proposed use should include a screening & noise buffer along the west property line to provide a degree of separation between the residences to the west and the more intensive, industrial-nature land use proposed.
Length of time subject property has remained vacant as zoned. The subject property is currently vacant. The property was previously developed with a 1,045 SF residence and several outbuildings, built around the 1920s. The residence was removed in 1999, according to Douglas County Appraisal records. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural).
Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide a needed location for this type of "industrial use" on the fringe of the city. It will specifically benefit the immediate neighborhood by providing an enclosed facility for storage within the neighborhood. Screening, to reduce visual & noise impacts on residential properties to the west, can and should be provided. The proximity of this use along a boundary line road to the City makes it reasonable to request the execution of an agreement not to protest the formation of future street and sidewalk improve ments along N. 9th Street. [This agreement should be written so that it takes effect only when/if the property is annexed into the City of Lawrence during the lifetime of the CUP.]
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. There is no specific relative gain or detriment to the public's health, safety and welfare by the development of this use as a Conditional Use Permit. The underlying A (Agricultural) zoning remains unchanged. In this case, the city cannot provide full City services to the site at this time. It is reasonable and in conformance with the Comprehensive Plan of Lawrence and Douglas County to require an annexation agreement be executed. Such agreement could stipulate mutually acceptable terms for the timing of annexation.
Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with The Comprehensive Plan. As a more detailed study of industrial locations is completed for the unincorporated area, the longevity of the appropriateness may be revised.
AND subject to the following conditions:
1. Execution of an agreement not to protest the formation of a benefit district for street and sidewalk improvements for N 9th Street; [This agreement shall be written so that it takes effect only when/if the property is annexed into the city of Lawrence during the lifetime of this CUP.]
2. Provision of a revised site plan to correct the approval comments that refer to issuance of a building permit. As follows: "The Conditional Use Permit will be re-evaluated by the County Commission 2015. Continuation of the use covered by this CUP beyond (2015) will require the applicant to request rezoning or approval of a new CUP.
Jones questioned the CUP review process. He stated his understanding was that in the past, the Board approved CUP's for 10 years with a 5-year review. Day noted she did not believe that was staff's understanding. Jones requested that staff look into this matter stating he wanted to make sure the Board was consistent.
McElhaney asked why the property would be annexed into the City. Day responded that it would allow easier facility of road improvements, etc.
Paul Werner, Paul Werner Architects, spoke on behalf of the applicant. Werner stated that the applicant has no desire to be annexed into the City and d sn't believe it can be a requirement.
Johnson made a motion to approve CUP-01-01-05 based upon the above Findings of Fact and subject to the following revised condition:
1. Provision of a revised site plan to correct the approval comments that refer to issuance of a building permit. As follows: "The Conditional Use Permit is approved for a 10-year period with a 5-year interim review after the first 5 years.
Motion was seconded by Jones and carried unanimously.
PLANNING 04-11-05
The Board considered SP-03-22-05: Keys Landscape, a site plan for the construction of an office building located at 1722 E 1500 Road. Submitted by Peridian Group, Inc. for David A. Vaughn, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Pool recommended approval of the site plan subject to the following conditions:
1. The provision of an inspection report by the Lawrence-Douglas County Health Department prior to the site plan being released to the County Zoning Administrator for approval.
2. The provision of construction and building permit applications for the conversion of the office in the existing building.
3. Revision of the site plan to indicate the following:
a) The addition of one accessible parking space to the parking area.
b) The widening of the driveway to a minimum of 30-feet wide.
c) The addition of a parking summary.
d) The indication of two outdoor storage areas -- one near the existing grain silo and one near the southernmost shed.
e) The addition of a note, which states that all outdoor storage of landscaping materials will be screened from public view.
f) The revision of General Note #7 to state the following: "The site plan and office building meet ADAAG Standards, Appendix A to 28 CFR, Part 36."
After discussion, Jones made a motion to approve SP-03-22-05 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS 04-11-05
On March 21, 2005, the Board tabled consideration of requesting a recommendation from the Planning Commission to declare a portion of N 300 Road as "minimum maintenance" until a member of the Palmyra Township Board was present for the discussion. Keith Browning, Director of Public Works/County Engineer, explained that the Palmyra Township Board has recommended that the declaration of "minimum maintenance" not be pursued. The next step in this process would be to direct staff to prepare a resolution requesting a recommendation from the Planning Commission regarding the proposed declaration or determine not to pursue "minimum maintenance" designation. Rex Hagerman, Palmyra Township Trustee, and Don Parr, property owner, were present for the discussion.
Jones stated he would vote in favor of pursuing the "minimum maintenance" declaration.
Don Parr, 2104 N 304 Road, stated that his original request to place a gate on this unimproved public road was to keep people from burglarizing his property. Parr also stated that he felt the public road was of value to him and that he understood that it would be his burden to bring the road up to County standards should he intend to use it. Parr did not want to pursue the "minimum maintenance" declaration.
Jones stated he believed that the road is unimproved, is not used by the public and should be declared "minimum maintenance." Jones noted in addition that Parr's plans to sell parcels for residential construction using the 5 acre exemption to the County's subdivision regulations violated the spirit of the 5 acre exemption. Jones noted that he believed that land use density of this nature ought to be platted and rezoned.
Johnson stated he was inclined to proceed with requesting a recommendation from the Planning Commission.
McElhaney stated for the record that the most of the lots in the proposed survey were well over 5 acres.
After discussion, Jones made a motion that staff be directed to prepare a resolution requesting a recommendation from the Planning Commission regarding the proposed declaration. Motion was seconded by Johnson and carried unanimously.
Parr stated for the record that turning this road into a "minimum maintenance" road has nothing to do with any recommendations from Palmyra Township or from the County Engineer -- it's solely to prevent Mr. Parr from developing his land. Parr also stated for the record that Jones tore his plat into shreds.
Craig Weinaug, County Administrator, stated for the record that Jones always shreds the backup documentation and that Parr was characterizing Jones' actions incorrectly.
PURCHASING 04-11-05
The Board discussed proposals received for a document management/imaging system for the County. Jackie Waggoner, Purchasing Agent, was present for the discussion. After discussion, Jones made a motion to grant Pam Madl, Assistant County Administrator, the authority to execute a contract accepting the negotiated proposal for document management consulting services submitted by BV Solutions Group in the amount of $52,875 plus travel expenses. Motion was seconded by McElhaney and carried unanimously.
ISSUES & OBJECTIVES 04-11-05
The Board reviewed the County Administrator's Issues and Objectives Report. No action was taken.
ACCOUNTS PAYABLE 04-11-05
Jones moved approval of accounts payable in the amount of $131,176.06 to be paid 04/11/05; motion was seconded by Johnson and carried unanimously.
APPOINTMENTS 04-11-05
Jones made a motion to appoint Linda E. O'Donnell, Lawrence, Kansas, and Roberta A. Spires, Lawrence, Kansas, to the Lawrence-Douglas County Advocacy Council on Aging for three-year terms which shall expire on December 31, 2007. Motion was seconded by Johnson and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jere McElhaney, Member
Time and Date