Meeting Information
-Convene
-Consider approval of minutes for August 20 and August 25, 2008.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of FY2009 carry over reimbursement plan budget summary and narrative (Ron Stegall); and
(c) Consider approval of a Commitment Letter on the BioScience Spec Building in the amount of $75,000 annually for a 10-year period (LaVerne Epp)
REGULAR AGENDA
(2) (a)TA-06-13-08: Consider amendment to Article 18, County Zoning Regulations, to revise the minimum lot area requirements. Initiated by County Commission May 7, 2008. (Mary Miller)
(b)TA-05-08-08: Consider amendments to Chapter 20, Article 8 of Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that define "Easement, Cross Access", clarify the process for creating such easements, and provide minimum construction standards for access drives within such easements. Initiated by County Commission April 14, 2008. (J Rexwinkle)
(c)TA-05-09-08: Consider amendments to Chapter 20, Article 8 of Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that require the submittal of a certificate that all taxes or special assessments due and payable for properties included in Certificates of Survey or Minor Subdivision requests have been paid. Initiated by County Commission April 14, 2008. J Rexwinkle is the Planner.
(d)TA-06-10-08: Consider amendment to Section 20-806(d)(1), Subdivision Regulations, to clarify the number of RDPs that may be created based on the classification of the bounding roads. Initiated by County Commission June 23, 2008. Mary Miller is the Planner.
(e)TA-12-26-07: Consider amendments to Section 20-806(b)(3) and 20-806(d), County Zoning Regulations, to clarify that a parent parcel may be divided to create 1 residential development parcel, and is not required to create 2 or 3. Initiated by the Planning Commission November, 26 2007.( Mary Miller)
(f)TA-06-11-08: Consider amendment to Section 20-804, 805 and 806 to include requirement that RDPs must comply with the lot requirements in Article 18, County Zoning Regulations. Initiated by County Commission June 23, 2008. (Mary Miller)
(g)TA-05-06-08: Consider amendments to Article 19, County Zoning Regulations, to add a new use for 'value-added agricultural business.' Initiated by County Commission April 14, 2008. (J Rexwinkle)
(h)TA-05-07-08: Consider amendments to Article 19, County Zoning Regulations, to correct formatting error by creating sections 19-2 and 19-3 (which currently don't exist) and by revising 19-1.06 to add compliance with all applicable state and federal laws to the application process. This also includes an addition of the compliance issue to what the County Commission can consider in a review or revocation of a CUP under 19-3. Initiated by County Commission April 16, 2008. (J Rexwinkle)
(i) TA-05-04-08: a revision to Article 15 in the County Zoning Regulations regarding non-conforming uses created by dedication of right-of-way. (Mary Miller)
(j) TA-05-05-08: a revision to the table in Article 18 of the County Zoning Regulations to provide a footnote regarding the waiver to road frontage requirements(Mary Miller)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, September 3, 2008 with two members present. McElhaney was absent.
Johnson moved approval of the minutes for August 20 (as amended) and August 25, 2008. Motion was seconded by Jones and carried 2-0.
CONSENT AGENDA 09-03-08
Johnson moved approval of the following Consent Agenda:
► Commission order Nos. 08-060 and 08-061 (on file with the office of the Clerk);
► FY2009 Carryover Reimbursement Plan Budget Summary and Budget Narrative for the Douglas County Community Corrections agency; and
► Commitment Letter on the Lawrence/Douglas County Life Sciences Incubator Spec Building in the amount of $75,000 annually for a 10-year period.
The motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-06-13-08, an amendment to Article 18, of the County Zoning Regulations, to revise the minimum lot area requirements. The amendment proposed two revisions: 1) a reduction in the minimum area requirements and the replacement of the words 'takes access from' for the word 'fronted' in the footnotes of Table 18. The item was initiated by the County Commission on May 7, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-06-13-08 as recommended by the Planning Commission, to amend the table in Section 18 to reduce the minimum lot area requirements. Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-08-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that define "Easement, Cross Access", clarify the process for creating such easements, and provide minimum construction standards for access drives within such easements. The item was initiated by the County Commission on April 14, 2008. J Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-05-08-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of the Douglas County Code (Subdivision Regulations). Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-09-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that require the submittal of a certificate that all taxes or special assessments due and payable for properties included in Certificates of Survey or Minor Subdivision requests have been paid. The item was initiated by the County Commission on April 14, 2008. J Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-05-09-08, Text Amendment to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of the Douglas County Code (Subdivision Regulations). Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-06-10-08, an amendment to Section 20-806(d)(1), of the Subdivision Regulations, to clarify the number of Residential Development Parcels (RDPs) that may be created based on the classification of the bounding roads. The item was initiated by the County Commission on June 23, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-06-10-08, revisions to Section 20-806(d)(1) of the Subdivision Regulations. Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-12-26-07, amendments to Section 20-806(b)(3), 20-806(c)(1), and 20-806(d), of the County Zoning Regulations, to clarify that a parent parcel may be divided to create one (1) residential development parcel, and is not required to create 2 or 3. The item was initiated by the Planning Commission on November, 26 2007. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-12-26-07, revisions to Sections 20-806(b)(3), 20-806(c)(1), and 20-806(d) of the Subdivision Regulations. Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-06-11-08, amendments to Section 20-804, 805 and 806 to include a requirement that RDPs must comply with the lot requirements in Article 18, of the County Zoning Regulations. The item was initiated by the County Commission on June 23, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Jones moved to approve item TA-06-11-08, requiring that RDPs comply with lot dimensional requirements in Article 18 of the County Zoning Regulations. Motion was seconded by Johnson and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-06-08, amendments to Article 19, of the County Zoning Regulations, to add a new use for 'value-added agricultural business.' The item was initiated by the County Commission on April 14, 2008. J Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson expressed interest in having Development Standard 3 refer to gross vehicle weight, "gvw", in addition to the tonnage amount, as he felt this would make the standard easier to enforce. There was brief discussion on the merits of using 'gvw' alone or in conjunction with '5 tons' in the regulations. It was determined that using the two terms in conjunction with each other would provide greater clarity in the regulations.
Johnson moved to approve item TA-05-06-08, Text Amendment to Chapter XI, Article 19 of the Douglas County Code (Zoning Code) with the following language recommended by the Planning Commission on July 23, 2008, and with the addition of the reference to gross vehicle weight in Development Standard 3:35. Value-added Agricultural Business. A business that economically adds value to an agricultural product as a result of a change in the physical state of an agricultural commodity that is not produced on the site, by manufacturing value-added products for end users instead of producing only raw commodities. Value-added products may include:
1. A change in the physical state or form of the product (such as milling wheat into flour or making strawberries into jam).
2. The physical segregation of an agricultural commodity or product in a manner that results in the enhancement of the value of that commodity or product (such as an identity preserved marketing system).
Agricultural value-added businesses shall meet each of the following location and development standards:
1. Employees: A maximum of 4 full-time equivalent employees shall be allowed.
2. Buildings or Structures: The total square footage for all buildings used in the operation, production, and storage of materials shall not exceed 10,000 sq feet. Structures are required to be upgraded to meet commercial building code requirements if used for more than storage of raw agricultural materials.
3. Deliveries to/from the site: Commercial vehicles that exceed 5 tons (gvw) in capacity shall be limited to two trips (to and from the site) per day.
4. Environmental considerations: No part of the production of the value-added product may result in dispersal of smoke or particulate matter emissions that exceeds federal EPA standards.
5. Equipment: All equipment used in the production of the value-added product shall be located wholly within a building or structure, or be screened from public rights-of-way and adjacent residential buildings. In either case, the associated noise, light and vibrations from the production operation shall not be perceptible at the site boundary/ property lines.
6. Storage of products: Shall be enclosed within a building or structure so that it is not visible from the site boundary/property lines.
7. Minimum Site Area: A minimum site area is consistent with the County adopted policy for agricultural uses.
8. Road Access and Frontage: The site must have direct access to a full maintenance public road, as defined in Chapter XI, Subdivision Regulations, Douglas County Code, and the site shall meet the minimum frontage requirements in accordance with the Access Management Regulations.
9. Signage: One sign, limited to no more than 6 square feet in area, shall be visible from a public road, identifying the business. The sign shall be located no closer than 10 feet from the road easement/right-of-way line. No other signs may be posted or erected on the property.
Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-07-08, amendments to Article 19, of the County Zoning Regulations, to correct a formatting error by creating sections 19-2 and 19-3 (not in existence) and by revising 19-1.06 to add compliance with all applicable state and federal laws to the application process. This also includes an addition of the compliance issue to what the County Commission can consider in a review or revocation of a CUP under 19-3. The item was initiated by the County Commission on April 16, 2008. J Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-05-07-08 to Chapter XI, Article 19 of the Douglas County Code (Zoning Regulations) as proposed by the Planning Commission. Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-04-08, a revision to Article 20 in the County Zoning Regulations for the Unincorporated Territory of Douglas County, to allow the creation of a non-conforming structure through the dedication of additional permanent easements for road right-of-way. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment. Miller also revised the following wording: reference to Section 20-2(b)(5) under Section 20-4 (b) was corrected to read Section 20-2 (c).
Johnson moved to approve item TA-05-04-08, to revise the language in Section 20-2 and 20-4 regarding the impact of dedication of additional permanent easement for road right-of-way. Motion was seconded by Jones and carried 2-0.
PLANNING & TEXT AMENDMENTS 09-03-08
The Board considered TA-05-05-08, a revision to the table in Article 18 of the County Zoning Regulations to provide a footnote to lot/parcel width at road frontage, permitting a County Engineer approved waiver based on the execution of an access restriction agreement. The item was initiated by the County Commission on April 14, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.
Johnson moved to approve item TA-05-08-08, to revise the table in Section 18 to indicate that the County Engineer may waive the minimum frontage requirements and enter into access restriction agreements. Motion was seconded by Jones and carried 2-0.
Johnson moved to adjourn the meeting; Jones seconded and the motion carried.
____________________________ ____________________________
Bob Johnson, Chairman Charles Jones, Member
ATTEST:
_____________________________
Jamie Shew, County Clerk
Time and Date