Meeting Information
-Convene
-Pledge of Allegiance
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Item: CUP-02-03-05: Conditional Use Permit for E4 Excavating. The property is located at 1452 East 1 Road, and contains approximately 10.96 acres. Submitted by Robin L. Edmonds for Shirley Edmonds, property owner of record. (Paul Patterson)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Jones called the meeting to order at 8:29 A.M. on Monday, May 16, 2005 with two members present. Johnson was absent.
CONSENT AGENDA 05-16-05
There were no consent items.
PLANNING 05-16-05
The Board considered Item No. 13 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 25, 2005. This item is CUP-02-03-05: Conditional Use Permit for E4 Excavating. The property is located at 1452 East 1 Road and contains approximately 10.96 acres. Submitted by Robin L. Edmonds for Shirley Edmonds, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. 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 property is located entirely within an A (Agricultural) District. The use of the properties in this area is agricultural.
Character of the area. The property is located at 1452 E 1 Road. The site is at the western edge of Douglas County, along the east side of a gravel road with truck access from the south. Access from the north is restricted due to narrow bridges and roadways which are not passable during high water events.
Suitability of subject property for the uses to which it has been restricted. In staff's opinion, the property is still suitable for the existing Agricultural use. The requested Conditional Use Permit for this property would also be suitable, as the requested use has actually been operating at this location since 1970.
Length of time subject property has remained vacant as zoned. The property is zoned A (Agricultural) District. The property is not vacant but contains a rural residential house, plus several outbuildings including a contractor's yard with construction equipment and outside storage of waterline pipes.
Extent to which removal of restrictions will detrimentally affect nearby property. Removal of the restrictions and allowing the continued use of the business on the property should not detrimentally affect nearby property, as the established E-4 Excavating business has operated at this location since 1970.
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 approval of the Conditional Use Permit would be beneficial to the public health, safety and welfare, as the E-4 Excavating provides 24 hours a day/7 days per week emergency repair service to provide safe drinking water for rural water districts and their customers in a seven (7) county service area.
Conformance with The Comprehensive Plan. The proposed Conditional Use Permit at this centralized rural location, which would allow for the continuation of 24 hours a day service to rural water district customers, would be consistent with the County/City's Comprehensive Plan, Horizon 2020.
AND subject to the following conditions:
- The permit will be administratively reviewed by the County in five (5) years (Calendar Year 2010).
- The permit will expire at the end of ten (10) years (Calendar Year 2015), unless an application for renewal is approved by the local governing body.
McElhaney made a motion to approve CUP-02-03-05 based upon the above Findings of Fact and subject to the above conditions. Motion was seconded by Jones and carried.
ACCOUNTS PAYABLE 05-16-05
Jones moved approval of accounts payable in the amount of $677,820.82 to be paid 05/16/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $639,506.96; electronic funds transfers in the amounts of $46,997.26 for FICA and $44,354.52 for KPERS to be paid 05/13/05. Motion was seconded by McElhaney and carried unanimously.
McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.
_____________________________ _____________________________
Charles Jones, Chairman Jere McElhaney, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date