Meeting Information
-Convene
-Consider approval of the minutes for April 14 (amendment), April 28, May 5, and May 7, 2008
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Review and approve the SFY 2009 Block Grant Agreement between Douglas County, Kansas and the Kansas Juvenile Justice Authority. (Pam Weigand)
(c) Consider approval of Grant Agreement with Destination Management, Inc. for allocation of public funds (Craig Weinaug
(d) Consider approval of an increase in ambulance rates (Pam Madl)
(e) Adoption of report of annual review of Solid Waste Management Plan (Keith Browning)
REGULAR AGENDA
(2) Consider approving CPA-2007-2, a Comprehensive Plan Amendment to Horizon 2020, to ensure proper comprehensive plan language is in place for a proposed Mixed Use District in the City of Lawrence Land Development Code. Consider adopting on first reading Joint City Ordinance No. 8272/County Resolution regarding CPA-2007-2. (PC Item 11; approved 6-0 on 4/23/08) (Dan Warner is the Planner)
(3) Consider adopting on first reading Joint City Ordinance No. 8272/County Resolution regarding CPA-2007-2. (Dan Warner is the Planner.)
(4) Consider Resolution concerning N 600 Road Benefit District. Proposed Resolution would approve Statements of Final Costs, establish date of Public Hearing, and approve proposed Assessment Roll and Notices of Public Hearing. (Backup updated 06-20-08)
(5) Consider approval of 2009-2013 Five-Year Plan request for federally funded projects (Keith Browning)
(6) County work session on Waivers and Appeals and Land Use issues (Scott McCullough)
(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 8:40 a.m. on Monday, June 23, 2008 with all members present.
Jones moved the approval of the minutes of April 14, 2008 (Amended Minutes); April 28, May 5, and May 7, 2008. Motion was seconded by McElhaney and carried unanimously.
CONSENT AGENDA 06-23-08
Jones moved approval of the following Consent Agenda:
► Commission order No. 08-048; 08-049; 08-050; and 08-051 (on file with the office of the Clerk);
► SFY 2009 Block Grant Agreement between Douglas County, Kansas and the Kansas Juvenile Justice Authority;
► Grant Agreement with Destination Management, Inc. for allocation of public funds; and
► Adoption of report of the 2008 annual review of the Douglas/Jefferson Counties Regional Solid Waste Management Plan (Keith Browning)
The motion was seconded by Johnson and carried unanimously.
Pulled from the agenda:
FIRE & MEDICAL 06-23-08
The item to consider approval of an increase in ambulance rates was tabled for a future agenda.
PLANNING & TEXT AMENDMENT 06-23-08
The Board considered the approval of CPA-2007-2, a Comprehensive Plan Amendment to Horizon 2020, Chapter 6, designed to ensure that proper comprehensive plan language is in place for a proposed Mixed Use District in the City of Lawrence Land Development Code as recommended by Staff. Dan Warner, Lawrence & Douglas County Metropolitan Planning Department, was present for the discussion. The amendment is meant to accommodate residential and commercial on the same site. For example, the new classification would allow the use of an office on the lower floor of a building and residential on the upper level.
Jones asked about the Jayhawk Bookstore at 14th and Massachusetts Street. Rexwinkle stated if there are residential uses on the upper floor, this is the only zoning that would allow them to continue use. This district isn't meant to replace the downtown zoning, but currently we have to zone to accommodate a single dwelling above a shop, so technically there are a lot of uses in downtown that are not compliant until this amendment is passed. Jones asked if the amendment could be applied to new areas. Warner replied, "yes" it could to new areas, depending upon the location and if on less than 20 acres within the City of Lawrence.
Johnson opened the item for public comment. No comment was received.
McElhaney asked for clarification as to whether this amendment could apply to property in the Urban Growth Area (UGA). Warner stated the UGA not been discussed. J Rexwinkle, Planning Department, clarified there are no plans to extend this amendment to areas outside the city limits of Lawrence.
Johnson moved to approve CPA-2007-2, an amendment to Horizon 2020 to include a classification of mixed-use development areas in Chapter 6 Commercial Land Use. Motion was seconded by Jones and carried unanimously.
PLANNING & RESOLUTIONS 06-23-08
Jones moved to approve the adoption of Joint City Ordinance No. 8272 of the City of Lawrence, Kansas, and County Resolution 08-24 of the Board of County Commissioners of Douglas County, Kansas, approving amendments to the Comprehensive Land Use Plan "Horizon 2020" by amending Chapter Six - Commercial Land Use, Lawrence - Mixed Use District. Motion was seconded by McElhaney and carried unanimously.
PUBLIC WORKS 06-23-08
Thereupon, and among other business, there were presented certain documents relating to the following described improvements heretofore authorized by the Board of County Commission:
N 600 Road Benefit District - Road Improvements
Resolution No. 07-08
Improve N 600 road, from easterly right of way line of E 1700 Road (County Route 1055) to E 1750 Road to County Standards with chip sealed aggregate base surfacing and appropriate drainage structure replacements.
The documents presented are as follows:
Exhibit A- Statement of Final Costs
Exhibit B- Assessment Roll Certification
Exhibit C- Notice of Public Hearing
Exhibit D- Form of Notice of Hearing, Statement of Cost Proposed to be Assessed, and Resolution No. 07-08
After full consideration thereof, Commissioner Johnson moved to take the following action:
1. Approved each of said documents;
2. Establish July 16, 2008, at 6:35 p.m., to meet for the purpose of hearing any and all written or oral objections to the respective assessments set forth therein;
3. Cause the County Clerk to publish the Notice of Public Hearing (Exhibit C) in the official County newspaper not less that 20 days prior to such public meeting date;
4. Mail by certified mail the Form of Notice of Hearing, Statement of Cost Proposed to be Assessed and Resolution No. 07-08 (Exhibit D) to each and all owners of property affected by such assessments at their last known post office address on the same date as the publication of Notice of Public Hearing (Exhibit C); and
5. File each of said documents of record in the office of the County Clerk and make the same available for public inspection.
The motion was seconded by Commissioner Jones and approved by the following roll call vote:
Yea: 3
Nay: 0
[The public hearing was scheduled for July 16, 2008 at 6:35 p.m.]
PUBLIC WORKS 06-23-08
The Board considered the approval of the 2009-2013 Five-Year Plan request for federally funded projects. A plan request for the following five-year period is updated each year and submitted to the Kansas Department of Transportation (KDOT). The following is a listing of projects on the current plan (2008-2012):
- Project No. 23 C-4122-01; Replacement of Route 1023 bridge over Rock Creek located at 697 E 100 Road (currently under construction by Midwest Construction);
- Project NO. 23-C-4123-01; Replacement of Route 1057 bridge over the Wakarusa River (Engineering design work has not started. Considering KDOT's plan development schedule, January 2012 is the earliest bid opening date.
For the 2009-2013 Five-Year Plan, KDOT estimates a total of $2,352,501 in federal funds will be available for Douglas County. The Route 1057 bridge project will consume the majority of those funds. The Board discussed whether reducing heavy traffic on the bridge would lengthen the life span of the bridge. Keith Browning, Director of Public Works, stated to enforce the heavy load restrictions, scales would need to be purchased. He stated the bridge needs to be replaced within the next 5 to 10 years. Restricting the traffic would push the life of the bridge closer to 10 years allowing for more time to accumulate funds.
Johnson opened the item for public comment. No comment was received.
Jones moved approval of the following projects for the 2009-2013 Five-Year Plan:
- Project No. 23 C-4121-01; 1.7 miles east of Eudora;
- Project No. 23 C-4122-01; 7.0 miles north and 1.0 miles E of the southwest corner of County;
- Project No. 23 C-4123-01; 2.0 miles west and 1.o miles south of Eudora;
- Project (No number); 2.0 miles east and 0.6 miles north of Lone Star.
Noting the Board had a lengthy discussion regarding the condition of the 1057 Bridge and the need for its replacement; motion was seconded by McElhaney and carried unanimously.
WORK SESSION 06-23-08
Several members of County Staff and the City/County Planning Staff attended a work session with the Board on the application process and procedure issues for unresolved items related to the Subdivision, Zoning, or Access Management Regulations. Items discussed were presented in briefing papers prepared by staff for the Board. General discussion and actions related to these Briefing Papers are as follows:
POLICY DISCUSSION: Unintended or Unresolved Consequences
Regulations
Briefing Paper
Issue
Assigned
LAND USE:
Subdivision Regulations
Briefing Paper 1
Will be handled in a memo not a briefing paper.
20-801(d)(2) Process for division of a property owned and developed by a public utility - exemption or platting. Should same process or a different process apply to municipal buildings and township/community service buildings1/2
Linda/Evan
BOCC accepted staff recommendation to make no changes to regulations
Briefing Paper 2
Creation of Residential Development Parcels from a Parent Parcel and ability to create only one instead of a minimum of 2
Mary
BOCC initiated text amendment for July PC mtg
Briefing Paper 3
Redefining the environmentally sensitive lands section to apply only to those features which are clearly definable by another source such as Floodway, Floodway Fringe, and Jurisdictional Wetlands.
Mary
BOCC initiated text amendment for July PC mtg
Briefing Paper 4
Will be handled in a memo not a briefing paper.
What are viable uses for vacated, reclaimed right-of-way and how should the divisions created by vacation be viewed in regard to exemption and vested rights sections1/2
Linda/Evan
BOCC accepted staff recommendation to make no changes to regulations
Briefing Paper 5
Property in agricultural production that has less than 40 acres; how is this to be treated when an outbuilding/accessory building is requested1/2 Administrative policy sets 40 acres as minimum for a farm/ag use of land. Should this be codified in regulations - zoning or subdivision1/2
Linda/Keith D
BOCC directed staff to prepare a resolution to codify existing administrative policy in regard to determination of agricultural use
LAND USE :
Subdivision Regulations and Zoning Regulations
Briefing Paper 6
Consideration of ability to develop second dwelling on land for family member (senior or adult child w/ special needs) without creating a new land division or separate ownership for second dwelling
Linda/Keith
BOCC directed staff to prepare amendment to Guest House in Zoning Regulations
LAND USE:
Subdivision regulations,
Zoning Regulations, and Access Management Regulations
No paper -
Was determined on 05/05/08 by County Commission to be a policy issue; not a regulatory amendment issue.
Existing approved private roads with less than approved number of dwellings and ability to now created divisions accessing pvt. road in accordance with prior approval for divisions. What process/procedure should be followed - is there a need to create an exemption or vested rights section to address this issue or should there be an administrative waiver, BOCC appeal procedure be created1/2
Linda/Keith D
No action taken - BOCC previously ruled on this issue on 05-05-08.
LAND USE:
Subdivision Regulations and Access Management Regulations
Briefing Paper 7
Further discussion & definition of how and when steep slopes should be applied in rural residential development and road issues
Linda/Keith B
BOCC initiated text amendment for July PC meeting
LAND USE:
Subdivision Regulations and Zoning Regulations consistency on application of Article 18 to Certificates of Survey
Briefing Paper 12
Making regulations consistent with administrative application of requirements in Article 18 of Zoning Regulations to Certificates of Survey prepared for developments in 20-804, 20-805 and 20-806
Mary
BOCC initiated text amendment for July PC meeting
WAIVERS AND APPEALS:
Subdivision Regulations
Briefing Paper 8
&
Briefing Paper 9
&
Briefing Paper 10
20-810 & 20-813 Explore need/standards for an administrative waiver procedure from design standards
_____________
20-807 Further direction on appeals from Certificate of Survey process and criteria for when an appeal g s before BOCC and when appeal g s to Planning Commission. In conjunction with this, explore need/criteria for an administrative waiver procedure in lieu of appeal from Certificate of Survey denial.
_____________
20-813(f) Should there be an administrative waiver from the Minor Subdivision or Final Plat requirements procedure and under what criteria can a waiver be requested1/2
J
BOCC directed staff to revise with more administrative authority given to the Planning Director and less review required by Planning Commission. Administrative waiver procedure needs to be added to the process. Return to BOCC with revisions for initiation of text amendments
WAIVERS AND APPEALS:
Zoning Regulations
[Article 18]
*[This issue was address as part of the 03/05/08 work session.]
Explore creation of an administrative waiver procedure to correspond with when variance from access standards is approved by Public Works Director to avoid conflicting signals and regulations
Linda
Completed as part of 3/5/08 work session.
Several motions were made and approved unanimously regarding regulations and the initiation of text amendments on the above listed items. The policy decisions are identified in the last column.
ACCOUNTS PAYABLE 06-23-08
Jones moved approval of accounts payable in the amounts of $246,003.79 paid on 06/03/08; $1,614,202.40 paid on 06/09/08; and $448,391.12 paid on 06/16/08; and a wire transfer in the amount of $200,000.00 paid on 06/20/08. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 06-23-08
Jones moved to reappoint Nancy Espinosa to the Community Corrections Advisory Board for a second two-year term to expire July 2010. Motion was seconded by McElhaney and carried unanimously.
APPOINTMENT 06-23-08
Johnson moved to appoint Kenzie Singleton to the Lawrence-Douglas County Metropolitan Planning Commission filling the unexpired term of Grant Eichorn to expire May 31, 2009. Motion was seconded by McElhaney and carried unanimously.
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
Time and Date