Meeting Information
<1/2xml:namespace prefix = o />-Convene
-Pledge of Allegiance
-Consider approval of Minutes for September 18 and September 20, 2006
PROCLAMATION
-Proclaim the week of October 1 - 7, 2006, as "National 4-H Week" (Pam Heikes)
-Proclaim the week of October 8-14, 2006, as "Kansas Family and Community Education Week" (Charlene Winter)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider TBU Retail Sale of Dried Fruit & Nuts (Donna Wingert)
REGULAR AGENDA
Planning Item:
(2) CUP-04-03-06: Conditional Use Permit request for Midnight Farm, located at 2084 N 600 Road. This proposed residential living facility contains approximately 40.52 acres. Submitted by Landplan Engineering, PA, for Community Living
Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 4, 2006
with all members present. The Pledge of Allegiance was recited.
Jones made a motion to approve the minutes of September 18 and September 20, 2006, as amended. The motion was seconded by McElhaney and carried unanimously.
PROCLAMATION 10-04-06
Sean Price, Douglas County 4-H Ambassador, read a Proclamation proclaiming the week of October 1-7, 2006, as "National 4-H Week." Jones made a motion to approve the Proclamation; McElhaney seconded and the motion carried unanimously.
ANNOUNCEMENTS
George Catt, Executor of the Helen Dreher Estate, named the Douglas County 4-H Organization as the recipient of the corpus of her estate, with money to be used to construct a building on the Douglas County Fairgrounds for 4-H use, and that the building be named for the "Dreher Family" with a placard thereon.
In appreciation and in response to the announcement, Justice Fred Six, owner of the former Dreher property and friend of the many local 4-H Clubs, gave an oration of Helen Dreher's memories of life in Douglas County. Dr. Marilyn Colgan, Douglas County 4-H Foundation President, and Trudy Rice, Douglas County Extension Director, accepted the gift and expressed their appreciation on behalf of all 4-H youth in Douglas County.
PROCLAMATION 10-04-06
Charlene Winter, Family Community Education, read a proclamation proclaiming the week of October 8-14, 2006 as "Kansas Family and Community Education Week." Jones made a motion to approve the Proclamation; McElhaney seconded and the motion carried unanimously,
CONSENT AGENDA 10-04-06
Jones made a motion to approve Commissioners Order Nos. 06-172 and 06-174. The motion was seconded by McElhaney and carried unanimously. Orders are on file in the Office of the County Clerk.
Jones made a motion to approve TBU Retail Sale of Dried Fruit & Nuts with a note to the file to review concerns regarding traffic on Highway 59. McElhaney seconded the motion and it carried unanimously.
PLANNING 10-04-06
The Board considered item CUP-04-03-06, a Conditional Use Permit request for Midnight Farm, located at 2084 N 600 Road. This proposed residential living facility contains approximately 40.52 acres. The site plan, submitted by Landplan Engineering, PA, for Community Living Opportunities, property owner of record, includes four residences and several accessory buildings designed not only for on site residents, but also to be used for daytime services and activities for clientele who live off-site. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:
Zoning and land uses of surrounding properties. The properties in each direction are zoning A (Agricultural) District and includes agricultural and large-lot single-family residential uses. A 2.1-acre parcel southeast of the subject property, which includes a single-family residence, has been zoned I-2 (Light Industrial) District since the adoption of the 1966 Douglas County Zoning Regulations.
Character of the area. The area is characterized by rural residences and farmland. Neither E 2100 nor N 600 Roads are hard-surfaced roadways. The subject property is located outside the City of Lawrence Urban Growth Area.
Suitability of subject property for the uses to which it has been restricted. The subject property is suitable for certain agricultural uses due to its location outside of UGA. However, as two residences currently exist on the site, it has proven its suitability for residential use, as well. Non-profit institutions are permitted in any zoning district with a Conditional Use Permit. The project design includes for single-family residences, as well as a livestock pen, barn/stable, covered area, multi-purpose building, swimming pool, garden, greenhouse, outdoor seating area, and trail. A public water supply, Rural Water District #4, is available to serve the residences. The adjacent roadways, E 2100 and N 600 Roads, are classified as rural roads according to the Douglas County Major Thoroughfares Map. Neither road is paved, however, a paved road, N 700 Road, is located approximately one mile from the subject property.
Length of time subject property has remained vacant as zoning. The property has been zoned A (Agricultural) District since the adoption of the 1966 County Zoning Regulations. One single-family residence, one mobile home trailer, and several accessory buildings are located at the southern edge of the property. The standard single-family residence has existed on the site since 1973. Pole barns were erected in 1976 and 1996.
Extent to which removal of restrictions will detrimentally affect nearby property. The applicant proposes to add three new single-family residences and accessory uses/buildings to a site that currently includes one single-family residence and one mobile home trailer. The trailer will be replaced with one of the new single-family homes. A new driveway off N 600 Road will serve all residences. Two existing driveways off N 600 Road will be removed upon construction of the 25 foot-wide central private drive.
Parcels surrounding the proposed project range in size from less than two acres to more than 150 acres and include large-lot residence and agricultural uses. As all new residences will be located towards the center of the subject site, the eastern and western edges of the site will predominately comprise open space, including livestock and gardening. Nearly 200 feet will separate the subject site's northernmost residence from the property to the north. As a condition of approval, a note should be placed on the plan which states that all existing vegetation will be retained along each property line and in other areas of the site where no development is proposed. The site's existing vegetation will assist in buffering project activity from adjacent properties and roadways.
It is important to note that while buffering and screening will help alleviate impacts, the project will result in an increase in traffic on nearby roadways due to additional residences and day services. The increase in traffic may result in the need for additional township road maintenance. As a condition of approval, the site plan should include notation of acknowledgement that the property owner may be asked to participate in road maintenance efforts if maintenance needs increase due to an increase in traffic generated by the project.
Relative gain to the public health, safety and welfare by the destruction of the value of petitioner's property as compared to the hardship imposed upon the individual landowners. Approval of the Midnight Farm Conditional Use Permit would benefit CLO in that additional services, including rural living and daytime activities, will be made available to its clientele. Additionally, the organization's extended family teaching model serves as an alternative to state institutions for people with developmental disabilities. Denial of the request would result in CLO-owned property which cannot be developed to serve the organization's needs.
Conformance with The Comprehensive Plan. The project conforms with Horizon 2020 goals and policies related to growth management and the unincorporated areas of Douglas County. Specifically, the project proposed to maintain 38 acres of the 40-acre property for open space. The site's open space will include a livestock pen, garden, greenhouse, outdoor seating area, trail, and existing vegetation. Many of these open space uses seek to maintain the rural character of the parcel. The site's four single-family residences will be clustered along a single gravel driveway accessed from N 600 Road.
AND subject to the following conditions:
1) Approval of a preliminary plat for the project,
2) Approval and recordation of a final plat for the project.
3) Revision of the site plan to include the following:
a) Notation that the permit will be administratively reviewed by the County in 5 years (Calendar Year 2011).
b) Notation that the permit will expire at the end of 10 years (Calendar Year 2016), unless an application for renewal is approved by the local governing body.
c) Notation of retention of all existing vegetation along each side of the property and in other areas where no development is proposed.
d) Notation of a landscape schedule which includes proposed vegetation, if any.
e) Notation indicating that if the homes are sold to families or individuals in the future, each home site will be replatted as a separate lot.
f) Revision of the note "70-foot access and utility easement" to state "70-foot access and utility easement to be dedicated with forthcoming one-lot plat."
g) Notation of numbers of weekly activities, numbers of staff/clients included in each weekly activity, hours/days of weekly activities, number of overnight campers, and numbers of residents (including staff/clients).
h) Notation of acknowledgement that the property owner may be asked to participate in road maintenance efforts if maintenance needs increase due to an increase in traffic generated by the project.
i) Notation that if the property is utilized for a large event or fundraiser which increase the site's occupants beyond what is noted in the June 2, 2006 CLO letter, the Director of the Douglas County Zoning and Codes Department will be contacted for further instruction.
j) Notation, stating that the homes will be differentiated from one another by style and/or color.
Tim Herndon, Landplan Engineering, PA, representing Community Living Opportunities, discussed the decision to submit a Conditional Use Permit as opposed to a Planned Unit Development. Their goal has been to design a facility to maintain the rustic character of the area while filling the mission of CLO. The single-drive plan minimizes traffic access points and destruction of trees. Under the 5-acre exemption rule, if the client has an identified survey in existence prior to the moratorium, CLO could construct as many as eight houses on the property. However, the plan has been reduced to four houses with a single drive. If a situation occurred where CLO no longer owned the property, the new owner would have to go through the subdivision process and a right-of-way would need to be dedicated. The new developer or owner would be responsible for any improvements.
Jolene Peterson, Director of Days Service at CLO and Project Manager, expressed appreciation for the neighbors' input and for allowing her the opportunity to discuss the mission of the project.
Mike Strouse, CEO of Community Living Opportunities, discussed the need for people with developmental needs to experience a rural life style. Jones questioned the commitment of CLO to this project and what type of neighbors CLO would be. Strouse replied that there is a long-term commitment and CLO would be great neighbors.
Howard Duncan, Lecompton, described his son's positive experiences with CLO and commented that CLO is not new to Douglas County; there are currently over 300 CLO sites.
Trip Frizell, CLO Board Member, discussed the current situation of his son, his positive experiences with CLO, and his son's needs for the future.
Jones made a motion to open the discussion for public comment. Johnson seconded and the motion carried 3-0.
Don Otto, neighbor, owns a large pond in the nearby area and stated his safety concerns for the residents of CLO and the need for close supervision.
J l Souders, neighbor, stated that the proposal is a good idea in theory but he has the following concerns: whether the CLO staff and residents have the experience to maintain the rural upkeep obligations; whether CLO is complying with state and federal guidelines; whether there is an advocate for the residents; can CLO obtain insurance; and water issues including meters and water pressure.
Ron Wright, neighbor, stated it is hard to argue against this project but d s have concerns regarding the distance from services and the road maintenance created from the excess traffic.
Sharon Spratt, Cottonwood Inc., stated this project provides another option for all citizens with disabilities. The risk is something the service providers will have to handle.
Mary Swank, neighbor, has lived in area for 32 years and is concerned with taxes and funding for the project. She also feels that allowing one driveway is not fair because other area residents have been denied requests for shared driveways.
Herndon commented on traffic caused by various businesses and a church in the area. Wright responded to this comment by stating that the church traffic is on the blacktop, not the graveled road, and the other businesses in the area virtually generate no traffic as opposed to the considerable trips that CLO is proposing for day services.
Jones made a motion to close the public hearing. McElhaney seconded the motion and it carried 3-0.
McElhaney commented that he read all the comments from the public, but supports the single driveway entrance. He believes the plan falls under Horizon 2020 and that the project will be well conceived and well managed. Johnson stated that the CUP has a condition of 10 years unless revoked and that CLO is taking the risk and promising to be good neighbors. He supports the project from a "goals and guidelines point of view" as the right thing to do. Jones stated his support for the project and commented "it is not right to force CLO to have higher standards than other applicants."
Johnson made a motion to approve CUP-04-03-06 Conditional Use Permit request for Midnight Farm, subject to the conditions noted, except H, I and J (listed in above minutes) set by the Planning Commission on August 23, 2006. The motion was seconded by Jones and carried 3-0. Jones requested that the record show that the exclusion of conditions H, I and J d s not represent a significant change to require resubmitting this plan to the Lawrence/Douglas County Planning Commission for approval.
PERSONNEL & POLICY
The item to discuss a Revised Personnel Policy draft document was deferred to Monday, October 9, 2006 meeting.
ACCOUNTS PAYABLE 10-04-06
Jones moved to approve payroll in the amount of $693,428.70 to be paid on 09/14/06, KPERS in the amount of $54,996.90 and FICA in the amount of $51,008.99 to be paid on 09/15/06; payroll for an election worker in the amount of $85.00 to be paid 09/08/06; payroll in the amount of $675,920.09 to be paid on 09/22/09, KPERS in the amount of $52,309.19 and FICA in the amount of $51,755.56 to be paid on 09/29/06; accounts payable in the amounts of $1,049,717.11 to be paid on 09/25/06 and $250,558.63 to be paid 10/02/06; and manual checks in the amounts of $110.00 to be paid on 09/26/06, $1192.32 to be paid on 09/29/06, and $593.52 to be paid on 10/03/06. The motion was seconded by McElhaney and it carried unanimously.
MISCELLANEOUS 10-04-06
The Board discussed the upcoming 31st Annual Conference for Kansas Association of Counties. Johnson made a motion to name Charles Jones as a delegate to represent the Douglas County Board of Commissioners at the meeting. McElhaney seconded and the motion carried unanimously.
Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.
____________________________ _____________________________
Bob Johnson, Chairman Jere McElhaney, Member
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date