Meeting Information
-Convene
-Consider approval of a Proclamation for "Mental Health Month" (Marilyn Sell)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of CUP-03-05-07 Conditional Use Permit for a Verizon Wireless cellular tower located at 261 E 1250 Road, Baldwin City (Sandra Day)
REGULAR AGENDA
(2) Consider approval of a SP-04-23-08 Site Plan- for the addition of a ministry center for Stull Church (349 N 1700 Road) Southeast corner of the intersections of County routes 442 and 1023 in the unincorporated area of Stull) -(J Rexwinkle)
(3) Provide feedback to Staff on an administrative interpretation of the requirements in Build Out plans (J Rexwinkle)
(4) Consider Proposed Revisions to Sanitary Code to bring code into conformance with new subdivision regulations (Richard Zeisenis and Dan Partridge)
(5) Presentation from Bill Graham on division of land based on previous approval of private road (Bill Graham)
(6) Continue discussion of the following work session items
(a) Minimum area requirement for Article 18 of the zoning regulations (Linda Finger and Mary Miller):
(b) Number of divisions at an intersection (Linda Finger and Mary Miller)-No backup; and
(c) Discussion on value added agriculture compliance with access management regulations (Keith Browning and Linda Finger)-No backup
(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 8:30 a.m. on Monday, May 5, 2008 with all members present.
David Johnson, CEO, Bert Nash Community Mental Health Center, read a proclamation proclaiming the month of May 2008 as "Mental Health Month". Johnson moved to approve the proclamation; Motion was seconded by Jones and carried unanimously.
CONSENT AGENDA 05-05-08
Jones moved approval of the following Consent Agenda:
► Commission order No. 08-035 (on file with the office of the Clerk);
The motion was seconded by Jones and carried unanimously.
CONSENT AGENDA 05-05-08
Jones made the following motion:
In accordance with the Order of the United States District Court for the District of Kansas and the Douglas County Zoning Regulations, I move that the Board of County Commissioners approve the issuance of Conditional Use Permit No. 03-05-07 to Verizon Wireless, and direct staff to issue the Permit, for the construction and maintenance of a wireless telecommunication facility in accordance with its application, subject to the additional conditions the Planning Commission and Planning Staff recommended, as discussed at the County Commission hearing held on this matter on May 16, 2007, which are as follows:
1. Provision of a revised site plan to show the following:
a. Proposed landscape around the enclosure of the tower
base per staff approval;
b. Dimensions of the tower from the south property line;
2. Provision of a revised site plan to include the following notes
per Section 19-4 (31) (c) (4&5)
a. "Any tower that is not in use for a period of three continuous years, or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non-use may result in removal and
assessment of cost to the owner of the tower."
b. "A sign shall be posted on the exterior of the fence around the base of the tower noting the name and telephone number of the tower owner and operator."
c. "The tower owner/operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower (Reference CUP-03-05-07 in the letter)."
3. Provision of a revised site plan to include a landscape plan compliant with Section 19A-4 (10) that notes the size and type of landscape per staff approval, and that ground-mounted equipment is screened with solid fencing on all four sides.
4. Approval of a Floodplain Development Permit by the County Building and Zoning Department as applicable.
Motion was seconded by Johnson and carried unanimously.
PLANNING 05-05-08
The Board considered approval of SP-04-23-08 a Site Plan for the addition of a Ministry Center for Stull United Methodist Church located 251 N 1600 Road. J Rexwinkle, Lawrence & Douglas County Metropolitan Planning Department, was present for the discussion. The applicant proposed the construction of a 7,200 square feet auxiliary church building, the expansion of the parking lot and closure of access onto N 1600 Road (County Route 442). The site plan provided to the Board of County Commissioners consisted of a "red-lined" revised plan that addressed staff comments, but d s not represent a final copy of the site plan. The final copy should consist of a corrected and reprinted plan prior to the release of a building permit. Staff recommends approval of SP-04-23-08 subject to the following condition:
1) Submittal of a final copy of the site plan consistent with the relined revised version.
Johnson asked if the additional building is an attachment. Rexwinkle stated the building is a new free standing building, not attached to the church.
Jones asked if the addition represents a significant change in the amount of usage the property will get, or is it the same people using the new facility. Mack Price, applicant, responded presently it will be the same people. There is hope to increase their congregation at some point. The building will be used for a ministry center, pastor's office, and for youth activities. Jones asked what construction material will be used. Price stated it will be a Morton Building. The applicant would like to start the dirt moving process. Keith Dabney suggested issuing a permit for foundation ground work only.
Johnson opened the item for public comment. No comments were made.
Jones moved approval of SP-04-23-08, a site plan for Stull Untied Methodist Church for the construction of an auxiliary church building subject to above-listed condition. Motion was seconded by McElhaney and carried unanimously.
ZONING & PRIVATE ROAD 05-05-08
Bill Graham, 1653 E 600 Road, made a presentation to the Board regarding a request for a division of land based on the previous approval by a County Commission of a private drive for three houses on a 50-acre tract of land. There are presently two houses on the land. Graham explained that he and his wife jointly own 45 acres with a partner, who would like to build a house on the property using the private drive. That partner also owns an adjacent five-acre tract with a house that was part of the original 50 acres of land. Graham's intent is to split the 45-acres with his partner so he can build a third house and use the private road. Graham produced clear documentation in the form of minutes of the Board of Commissioners' meeting in 1992, granting the use of a private drive for three houses.
Jones stated he is "OK" with the request because there is clear documentation of a previous Board decision. However, he is not fond of joint driveways. Johnson commented that if someone came to the Board today with this type of request, it would be denied.
Jones moved, in accordance with the 1992 Commission's findings to allow three houses on a 50-acre tract, stating this Commission rules the lack of recordation of land divisions shall be noted, however, the property owners will be allowed to proceed with the development of three houses on this 50-acre tract. Motion was seconded by McElhaney, who noted the approval of the three houses on one private driveway was not previously recorded at the Registrar's office and that is why it came back before the Commission at this time. The motion as amended carried unanimously.
PLANNING & BUILD OUT PLANS 05-05-08
J Rexwinkle, Lawrence & Douglas County Metropolitan Planning Department, asked the Board to provide feedback to Staff on a draft of an administrative interpretation of the requirements in Build Out Plans in the Lawrence Urban Growth Area, Subdivision Regulations for Lawrence and Unincorporated Douglas County 20-804(f)(5) and 20-805(f)(5), as requested at the January 14, 2008 meeting.
Jones asked how the information is being conveyed to the public. Rexwinkle responded there will be a memo to pass out and the information is available on the Planning Department website.
It was the consensus of the Board to add language that the Build Out Plan is a way to "maximize development" and that "it is in the property owners best financial interest."
ZONING & SANITARY CODE REVISIONS 05-05-08
The Board considered the approval of revisions to the 2008 Douglas County Sanitary Code to bring them into conformance with the new subdivision regulations. Dan Partridge, Director of the Lawrence-Douglas County Health Department, and Richard Ziesenis, Director of Environmental Health, were present for the discussion.
McElhaney asked if it is correct that no part of the lateral systems can be constructed in a FEMA designated floodplain area. Ziesenis stated the Subdivisions Regulations do not allow for any septic systems, laterals or lagoons on any lands within the floodplain designated area that are divided after January 1, 2007 for new construction. If an existing house has a failed lateral system within the designated floodplain area, the Health Department would allow replacement.
Jones asked how this affects rural water. Ziesenis stated on new development after January 1, 2007, private wells and cisterns are no longer allowed in the Urban Growth Area (UGA). A public water supply is required, consistent with the Subdivision Regulations.
Johnson asked if item No. 4 on Page 17 is new in the code. Ziesenis stated that the item is new. It initially requires new non-residential development in the unincorporated area to have a reserve area set aside for a second lateral field in case of lateral failure. Johnson also asked if Section 11 on Page 34, Real Estate Transfer of Ownership is new. Ziesenis stated the section is new. Most other surrounding counties have implemented this policy. There will be a mandatory real estate inspection program anytime there is a transfer of ownership, which allows the Health Department to inspect and make sure the system is working properly. If there is a violation, it can be addressed. Jones asked if a violation would stop the sale of the property. Ziesenis stated it is not their intention to stop a sale, but to make the buyer aware. Jones asked what the fee would be for this inspection. Ziesenis stated the surrounding counties are charging $150.
Jones asked what review process has been used so far. Ziesenis stated the review board has reviewed the information. Johnson stated he is "OK" with this new process but would like to see more communication with the Home Builders Association and real estate agents.
Johnson opened the item for public comment. No comment was received.
It was the consensus of the Board to table the item for further examination and feedback of Section 11 "Real Estate Transfer of Ownership" on Page 34 of the 2008 Douglas County Sanitary Code and to bring the item back to the Board for approval at a future meeting on the Consent Agenda.
PLANNING & WORK SESSION ITEM 05-05-08
The Board continued the discussion of the work session item, Minimum Area Requirements for Article 18 of the Zoning Regulations, as tabled from the April 14, 2008 meeting. Linda Finger, Planning Resource Coordinator, and Mary Miller, Planning & Development Services Department, were present for the discussion. This proposed amendment would establish a lower minimum requirement for the lot/parcel area in the A and the A-1 Districts. Staff recommends allowing the 3 or 5 acres as the minimum for all but Principal Arterials, and lowering the Principal Arterials minimum lot area to 10 acres, from the 20 acres required today. The result would not increase the total number of divisions that a property owner could make in
a Certificate of Survey. It would permit a property owner to create a division as small as three (3) acres when: there is a water meter, the parcel setbacks and minimum depth requirements are met, and the road frontage requirements in the Access Management Regulations are met. Staff recommended the Board initiate a proposed text amendment to the Zoning Regulations for public hearing at the June Planning Commission meeting.
It was the consensus of the Board to table the item for McElhaney to have further discussions with the Planning Resource Coordinator and to bring back to the Board for approval on the Consent Agenda for the Wednesday, May 7, 2008 meeting.
PLANNING & WORK SESSION ITEM 05-05-08
The Board continued their discussion regarding the number of property divisions allowed at an intersection, as tabled from the April 14, 2008 work session. Linda Finger, Planning Resource Coordinator and Mary Miller, Planning & Development Services Department, were present for the discussion.
The Board discussed the initiation of a text amendment for clarification on the number of divisions that can occur to a Parent Parcel with two road frontages. It was the consensus of the Board that the term "local road" was the Board's intention for road classification for allowing three lots from a parent parcel when a property is bounded on two or more sides by public roads. The only roads where there can be three divisions would be at the intersection of two township local classified roads.
Johnson opened the item for public comment.
Aaron Gaspers, Peridian Group, Inc. representing property owners of 735 E 550 Road, asked if the reduction to ten (10) acres would than allow his client to retain an existing drive from a principal arterial road when bounded by a local road. (His client appeared before the board seeking a variance on March 5, 2008).
To clarify the response to Gaspers, it was the consensus of the Board to table the item for McElhaney to have further discussions with the Resource Planning Coordinator and bring back to the Board for consideration of approval on the Consent Agenda for the Wednesday, May 7, 2008 meeting.
PLANNING & WORK SESSION ITEM 05-05-08
The Board continued their discussion regarding "value added agriculture" compliance with access management regulations, as tabled from the April 14, 2008 work session. Linda Finger, Planning Resource Coordinator; Keith Browning, Director of Public Works; and Keith Dabney, Director of Zoning were present for the discussion.
The Board discussed adding a clause to the text amendment that in addition to meeting frontage requirements, the applicant must also meet eligibility by an evaluation of the existing divisions and frontage based on land use intensity and safety as determined by the Public Works Director. Jones stated we have the right to consider access in light of safety and this clause should apply to all Conditional Use Permits (CUPs).
Browning asked if CUPs in general or value added CUPs are under the same minimum frontage requirements as residential. Johnson stated technically the answer is "no." Browning then clarified on an existing parcel that d sn't meet our current requirements, we will issue the residential permit if the division existed prior to the regulations. But the regulations should say that it d sn't apply to CUPs. `
After further discussion, it was the consensus of the Board to table the item for consideration of non-residential properties
ACCOUNTS PAYABLE 05-05-08
Jones moved approval of accounts payable in the amounts $779,568.03 paid on 04/25/08; FICA in the amount of $57,549.71 paid on 04/25/08; and KPERS in the amount of $66,856.72 paid on 04/25/08; payroll for poll workers in the amount of $16,161.50 paid on 04/21/08; accounts payable in the amount of $441,975.90 paid on 05/05/08; and a wire transfer in the amount of $12,901.70 paid on 04/30/08. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 05-05-08
Johnson moved to appoint Stan Rasmussen to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term, replacing the expired term of Tom Jennings. Rasmussen's term will expire May 31, 2011. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 05-05-08
Johnson moved to appoint Charles Dominguez to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term, replacing the expired term of Dennis Lawson. Dominguez's term will expire May 31, 2011. Motion was seconded by McElhaney and carried 2-1, with Jones in opposition.
Jones moved to adjourn the meeting; Johnson seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Jere McElhaney, Vice Chair
ATTEST:
_____________________________ ____________________________
Jamie Shew, County Clerk Charles Jones, Member