Meeting Information
-Convene
-The Pledge of Allegiance
-Consider approval of minutes for July 11, 2007
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
REGULAR AGENDA
Planning item:
(2) CUP-02-03-07/SP-07-47-07: Site plan revision to an existing Conditional Use Permit for Clinton Cove Subdivision No. 2 for the expansion of mini-storage and outdoor storage uses for the entire 18-acre property to include more storage buildings and covered parking spaces. An additional commercial repair business is also proposed in the southeast corner of the site the subject property is located on the NW corner of N 1415 and E 900 Roads. Submitted by Landplan Engineering, P.A., for Souvenirs, LLC, property owner of record. (Sandra Day , Planner)
(3) Consider Benefit District Improvements to N 1300 Road and E 2100 Road near Eudora (Keith Browning)
(4) Public Hearing on 2008 Budget
(5) Consider approval of a Resolution providing that Douglas County levy an annual tax on all the assessed taxable tangible property of the County to construct, establish, maintain and operate a Juvenile Detention Facility to be located in Douglas County, Kansas and providing that the proceeds from said tax be maintained in a special fund for such a purpose (Debbie Sparkes);
(6) Consider approval of a Resolution authorizing the levy of an annual tax for the Special Building and specifying the purpose of such a tax (Debbie Sparkes)
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(8) Adjourn
Johnson called the meeting to order at 6:35 p.m. on Wednesday, August 22, 2007 with all members present. The Pledge of Allegiance was recited.
McElhaney moved to approve the minutes of July 11, 2007. Motion was seconded by Jones and carried unanimously.
MISCELLANEOUS 08-22-07
Judge Deanell Tacha, Chair of the Freedom's Frontier National Heritage Area, made a presentation to the Board regarding the proposed reorganization of tourism and historical assets for Douglas County as addressed in a letter to the Commissioners dated August 9, 2007. Also present at the meeting were Lavern Squier; President of the Lawrence-Douglas County Chamber of Commerce; and Judy Billings, Vice President of Conventions and Visitors Bureau.
PLANNING 08-22-07
The Board considered approval of CUP-02-03-07/SP-07-47-07, a site plan revision to an existing Conditional Use Permit for Clinton Cove Subdivision No. 2 for the expansion of mini-storage and outdoor storage uses for the entire 18-acre property to include more storage buildings and covered parking space. An additional commercial repair business is also proposed in the southeast corner of the site. The subject property is located on the NW corner of N 1415 and E900 Roads. The application was submitted by Landplan Engineering, P.A. for Souvenirs, LLC, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. Staff recommends approval of a revised site plan to an existing Conditional Use Permit CUP-02-03-07 for expansion of a mini storage and outdoor storage facility based on the following findings of fact:
Zoning and uses of properties nearby. The subject property is surrounded by undeveloped property and abuts state property to the south. The area to the east of K-10 Highway is developed with residential homes on large lots.
Character of the area. The character of the area is currently defined by the presence of nearby Clinton Lake and the state park. It is expected that this character will change as development pressure increases and the subject property and surrounding properties to the north and west are annexed into the City of Lawrence. The areas character will ultimately be redefined based on planning and development activity.
Suitability of subject property for the uses to which it has been restricted. The proposed Conditional Use Permit is consistent with the location standards for mini-storage. The location is within the City of Lawrence Urban Growth Area and access to the site is provided via a paved road classified as a minor arterial thoroughfare according the Douglas County Major Thoroughfare Map in Horizon 2020.
Length of time subject property has remained vacant as zoned. The subject property is developed and includes multiple commercial buildings and existing enclosed and open storage for boats and recreational vehicles. All of the buildings on the subject property are currently vacant.
Extent to which removal or restrictions will detrimentally affect nearby property. The proposed Conditional Use Permit will not alter the base-zoning district, which allows for a variety of commercial uses. The surrounding area is undeveloped. The subject property is an identified commercial "node" in Horizon 2020. There is no anticipated detrimental impact or affect on adjacent properties as a result of approval of the proposed Conditional Use Permit.
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. Approval of the request will not impact the public health and safety either positively of negatively. Approval of the request will allow for redevelopment of the subject property consistent with approval design guidelines.
Conformance with the comprehensive plan. The subject property is located within the Lawrence Urban Growth Area to the west of the City. As stated above, the property is also an existing commercial node. Historically this area has provided lake-oriented services, as well as, to serve the surrounding rural area. The general area is identified in Horizon 2020 as a future neighborhood commercial node. The proposed use d s not alter the commercial zoning district. The Comprehensive Plan d s not address conditional use permits. The proposed request will expand the service nature of the existing storage activities if approved. The expansion is consistent with general land use recommendations that address the support and expansion of existing commercial areas specifically.
AND subject to the following conditions:
1. Submission and approval of a photometric plan per 19-4.34 (4).
2. Provision of proof from the Douglas County Zoning Codes Department confirming resolution of existing zoning violations to the release of the site plan for issuance of building permits.
3. Provision of a revised site plan to clarify the use of the "commercial store: as either a retail activity or as a repair business.
4. Provision of a revised site plan to show any overhead doors of the "commercial store" building (building A) as applicable.
5. Provision of a note that no storage of vehicles shall be allowed within the parking lot area located east of building A.
Day stated the applicant wishes to expand the original site plan to include additional storage, reserving a small portion of the property for commercial activity in the southern portion of the property. The applicant plans to make use of an existing building. One notable change to the project was reducing the amount of curb cuts on E900 Road. As of the date of this meeting, the original property had an active violation case open with the Zoning and Codes Department. Staff has asked for clarification on Condition No. 3 whether the owner intends to have a commercial business on the lot or repair service as permitted under the current B-3 zoning. Staff asks that customer parking, which is different from storage parking, be outlined as stated in Condition No. 5.
Jones stated he did not understand whether the repair business was allowed under the CUP. Day explained that the CUP is effective for the area that is used for storage. The piece of property marked for commercial, in the B-3 District, would be allowed as part of the site plan approval, which is an element of the CUP. However, the mini storage can not be used to operate a repair service. Jones asked if the repair business would be outside the footprint of the CUP. Day stated "yes" it would and has nothing to do with the CUP, it is a site plan element. Jones stated there are some non-compliant buildings due to setback lines. He asked if the options were to fix the setbacks or get a variance. Day stated both are options to resolve the non-compliance.
Tim Herndon, Landplan Engineering, asked for clarification on the need for a variance if the applicant chooses not to expand the building. Day stated that if the building is used in the existing footprint, the applicant would not need a variance. Expansion would require a variance. Herndon asked for revisions to the conditions of approval. He agreed with Condition No. 2. He stated some violations were inherited from the previous owner such as the dump truck and concrete truck parked on the lot. The property owner is currently working on terminating the leases involved. He understands this violation must be cleaned up prior to the release of a building permit. He stated the applicant needs a building permit to create an apartment, which will eliminate the need for the existing camper trailer.
Johnson asked if Herndon was proposing a single unit occupied by an on site manager for the storage facility, and not a campground environment. Herndon agreed. He also discussed parking and asked that the Commission remove Condition No. 3. Herndon stated he agreed to Condition No. 4, but asked for rewording to Condition No. 5 to expand the note to read, "no storage of mobile homes, commercial or industrial trucks, tractor trailers or single-motor vehicles shall not be allowed in parking lot area east of Building A." Jones stated if the owner decides to put in a vehicle repair service, he suggested using the wording "to allow vehicles in various stages of repair."
Johnson stated he spoke with Keith Dabney, Director of Zoning and Codes, who was concerned with the violations. He stated he would not issue a building permit until all violations are cleaned up. Jones asked for a timeline on completion of the residence. Herndon suggested one-year.
McElhaney stated Staff has not had sufficient time to review tonight's comments.
The Board directed item CUP-02-03-07/SP-07-47-07 to go back to Staff for conditions review and put back on the agenda for consideration.
PUBLIC WORKS 08-22-07
The Board considered a request from Brad and Dawn Fire, 1248 E 2100 Road to create a one property owner benefit district for the purpose of funding improvements of chip seal to N 1300 Road from the end of the existing chip sealed surface (approximately 1/4 mile east of E 2100 Road) and E 2100 Road from N 1300 Road to their entrance. The preliminary, ballpark cost estimate for improvements would be $400,000. Keith Browning, Director of Public Works, was present for discussion.
Browning stated that the City of Eudora plans to turn the existing chip and seal surface back to rock. So, the cost for improvements will go up dramatically from the preliminary estimate.
Jones asked the owners why they want to do this. Brad Fire stated he and his wife plan on living at their location for a long time and wanted to make the investment.
Jones calculated that the approximate yearly upkeep for such a road would cost about $8,000 to maintain a mile of chip/seal road for a year. He noted Eudora Township will be unable to maintain the chip sealed surface, so the County would assume maintenance responsibilities for the improved road.
Jones stated he would only be willing to consider this benefit district if the County would receive increased tax revenues for maintaining the hard-surfaced road. Eudora Township must be willing to enter into an agreement by which the County would receive the assessments for road maintenance purposes from properties along the proposed improvements that would normally accrue to Eudora Township.
Browning stated maybe the City of Eudora would also be willing to go into a partnership for the improvements. He suggested he and the Fire's attend a township board meeting to discuss their options.
No action was taken.
BUDGET 08-22-07
As advertised, the Board conducted a public hearing regarding the 2008 budget. Jones moved to open the public hearing; McElhaney seconded and the motion carried.
Hubbard Collinsworth, citizen, asked the Board where they stand on the WRAP program and where the Sheriff's department stands on the re-entry program. Craig Weinaug, County Administrator, stated $250,000 was included in the 2008 budget for WRAP, but whether or not the County actually spent the funds on WRAP would be contingent on receipt and approval of a proposal from the school district as to how they proposed to operate the program without City of Lawrence funding.
Jones moved to close the public hearing; McElhaney seconded and the motion carried. Jones moved to approve the 2008 Budget for Douglas County, Kansas. The motion was seconded by McElhaney and carried unanimously.
BUDGET & RESOLUTIONS 08-22-07
Jones moved to approve Resolution 07-32, providing that Douglas County, Kansas levy an annual tax on all the assessed taxable tangible property of the County to construct, establish, maintain and operate a Juvenile Detention Facility to be located in Douglas County, Kansas and providing that the proceeds from said tax be maintained in a special fund for such purpose. McElhaney seconded and the motion carried unanimously.
BUDGET & RESOLUTIONS 08-22-07
Jones moved to approve Resolution 07-33, authorizing the levy of an annual tax for the Special Building Fund and specifying the purposes for such tax. McElhaney seconded and the motion carried unanimously.
Jones moved to adjourn; JM seconded and the motion carried 3-0.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member
Time and Date