Meeting Information
-Convene
-Pledge of Allegiance
PROCLAMATION
-Proclamation the week of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />May 14-20, 2006 as Police Week (Ken McGovern)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
(2) Planning Item: CUP-03-02-06: Revised Conditional Use Permit request for Jayhawk Excavating, a storage facility for truck and construction equipment. The property is generally described as being located at 1611 E 779 Road and contains 6.04 acres. Submitted by Allen Rockhold, property owner of record. (Mary Miller)
(3) Consider approval of 2007 health insurance plan (Pam Madl)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
Johnson called the meeting to order at 6:30 P.M. on Wednesday, May 10, 2006 with all members present. The Pledge of Allegiance was recited.
PROCLAMATION 05-10-06
Sheriff Ken McGovern read a Proclamation proclaiming the week of May 14-20, 2006 as "Police Week." Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.
CONSENT AGENDA 05-10-06
Jones made a motion to approve the following Consent Agenda:
- Approve Commissioners Order No. 06-147. Order is on file in the office of the County Clerk.
Motion was seconded by McElhaney and carried unanimously.
PLANNING - 05-10-06
The Board considered CUP-03-02-06: Revised Conditional Use Permit request for Jayhawk Excavating, a storage facility for truck and construction equipment. The property is generally described as being located at 1611 E 779 Road and contains 6.04 acres. Submitted by Allen Rockhold, property owner of record. Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. The applicant is requesting a modification to Conditions 5 and 9 to allow other like kind businesses to lease extra space from Jayhawk Excavating. Staff recommends approval of a Revised Conditional Use Permit which would allow multiple contractors to utilize the site at Jayhawk Excavating, 1611 E 779 Road, subject to the following revised conditions:
1. Property governed by the CUP must remain under one ownership.
2. The Conditional Use Permit is limited to this site, but may be utilized by companies leasing space from Jayhawk Excavating.
3. Minor repair of equipment and vehicles shall be limited to the contractors leasing space from Jayhawk Excavating.
4. The total number of employees on-site is limited to 10, and the number of pieces of equipment stored on-site is limited to 30.
5. Annual reports must be filed with the Douglas County Zoning Office to ensure compliance with the employee and equipment limits.
6. Outside storage of construction equipment shall be allowed only on the area designated as "proposed parking lot" on the site plan. No dumping of construction debris allowed without the approval of a revision to the Conditional Use Permit by the Planning Commission.
7. No office use permitted.
8. The land area governed by the CUP can be reduced to no less than 3 acres. A separate septic system will not be required unless the ownership of the property is sold to separate entities.
9. A CUP will be administratively reviewed in 5 years.
10. A CUP will expire at the end of 10 years, unless an application for renewal is approved by the local governing body.
Johnson questioned whether this request would be eligible for a Conditional Use Permit had it been a new request. Miller replied that it would under the excavating operation. Jones followed up by asking if a business had a CUP, would it be able to lease the business to another entity, assuming it continued to operate as the same type of business. Johnson and Jones requested Miller to follow up on this question.
McElhaney stated the term "storage" in this case really means a staging area for equipment. Jones expressed the concern that if the applicant is leasing the property, then he is operating a storage business. McElhaney replied that in a perfect world, it would be efficient to co-locate businesses.
Johnson suggested that in Conditions 2 and 3, the word "companies" be replaced by "excavating contractors." With this consistency in language, the use should be limited.
The issue of the number of employees as it relates to zoning concerns was discussed. Additionally, the specificity of the number of "pieces" of equipment was discussed. It was agreed that the definition of "pieces" needs to be more precise. Johnson indicated that he would be in favor of striking Condition #5.
Johnson also suggested changing wording from "a CUP" to "the CUP" in Conditions #9 and #10.
The applicant made a statement with respect to his intended use of the CUP. He indicated that he is not trying to increase anything with respect to his own business; a friend (also in the excavating business) essentially wants to park his dump trucks at the site. The only people going to the site would be those needing parts, fuel, or a truck. He understands the neighbors concerns, but nothing will change over what existed in the past 10 years.
Gayle Sloan, 772 Highway 40, presented her concerns about the number of companies and employees that could be operating out of that location, as well as the increase in equipment located there. She asked that the issue, if not denied, be postponed so that the Planning Commission could review the issue based on conflicting information. Mary Miller responded that staff viewed this request as a minor revision to the CUP, and not one that would necessarily go to the Planning Commission.
Walt Spencer, 761 Highway 40, voiced his objection. He felt that Kanwaka Township might have a concern, but were not present. He did confirm that the township board had not discussed this issue at the most recent board meeting. Mary Miller confirmed that notice had been provided to Kanwaka Township.
Serena Anderson, 591 Highway 40, lives on the same site as the business. She was supportive of the applicant's request, stating that he keeps the grounds mowed and there is usually minimal equipment parked outside.
Another neighbor expressed dissatisfaction with the CUP, indicating that this business is neither residential or rural. She felt that the operation damaged the roads and created extra fumes.
Jones made a motion to close the public hearing; McElhaney seconded, and the motion passed unanimously.
Johnson said that he has no problem with the owner's request. This request actually provides more control within the CUP. If there is a concern about the number of businesses located at the site, a condition could restrict the number to no more than 2. He would prefer a new CUP with specific conditions.
McElhaney is also in favor of a new CUP with a 10-year term, including a review at 5 years. The County looks for appropriate industrial use in agricultural areas, and he favors co-locations of businesses. He would also favor striking Condition #5, and changing the language as recommended by Johnson in Conditions #9 and #10.
Jones agreed to striking Condition #5. He believes a clarification on "pieces" of equipment is appropriate, and that it is reasonable to discuss hours of operation. He d s not believe that the modifications to the original CUP are fair to the neighbors. He would favor extending the original CUP for 3 years, and then require the applicant to reapply for a CUP. He has two questions for Evan Ice and Mary Miller: (1) what is the legal definition of change of use; and (2) what is the natural term for a Conditional Use Permit1/2
Johnson asked for the applicant's input about amending the CUP now with an expiration in 5 years, triggering a new application. The applicant responded that he would rather not go through this process again.
Johnson made a motion to approve the request with the following changes:
- Amend Conditions #2 and #3 by specifying "excavating contractors."
- Strike Condition #5.
- Provide a better definition of "pieces" of equipment.
- Extend the CUP for 10 years, with a 5 year review.
McElhaney seconded the motion, and it carried 2-1. Jones voted nay.
It was requested that planning staff work with McElhaney to arrive at a better definition of pieces of equipment.
INSURANCE 05-10-06
Pam Madl, Assistant County Administrator, presented the recommendations of the Health Insurance Committee with respect to the 2006-07 Health Insurance Plan renewal. These recommendations included no premium increase, and an increase in the maximum dental claims from $1,000 to $1,250.
Jones indicated that if Johnson was comfortable with the recommendations, he would support the request. Johnson indicated that he was satisfied with the recommendation.
McElhaney moved approval of the 2006-07 Health Insurance Plan, including the maximum dental claims increase from $1,000 to $1,250; Johnson seconded and the motion passed unanimously.
APPOINTMENTS 05-10-06
Johnson made a motion to reappoint Grant Eichhorn, Lawrence, Kansas, to a full term of the Planning Commission to expire on May 31, 2009. McElhaney seconded, and the motion carried unanimously.
Johnson made a motion to adjourn; Jones seconded and the motion carried.
_____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date