Meeting Information
Amended Agenda
5:30 p.m.-Executive Session for the purpose of consultation with County Counselor on matters, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County.
6:35 p.m. (Commission Chamber)
-Convene
-Consider approval of the minutes for January 21, January 26 and January 28, 2009.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval resolution for cereal malt beverage license for The Clinton Store (Clerk's office);
(c) Consider approval of Notice to Township Board to sell Cereal Malt Beverages at Clinton Marina, Inc.; and Clinton Marina Grille (Clerk's Office); and
(d) Consider approval of letter jointly signed by Douglas County and City of Lawrence to EPA, supporting the KDHE recommendation that Douglas County should not be part of the Kansas City non attainment region (Richard Ziesenis)
REGULAR AGENDA
(2) Consider approval of Joint City Ordinance No. 8364/County Resolution, for Text Amendment TA-10-17-08, amendments to Section 20-804, 20-805, 20-807 and 20-815 of the joint Subdivision Regulations revising standards for Build Out Plans. Initiated by the County Commission on 10/29/08. (PC Item 5; approved 7-0 on 12/15/08) (Mary Miller is the Planner.)
(3) Consider approval of CUP-11-08-08: a Conditional Use Permit for a water treatment facility modification for Rural Water District #3, located at 1239 E 300 Road, Berryton. Submitted by Bartlett & West, for Douglas County Rural Water District #3, property owner of record. (PC Item 1; approved 8-0 on 1/26/09) (Sandy Day is the Planner.)
(4) Consider recommended amendments to ECO2 plan (Larry McElwain)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Jones called the regular session meeting to order at 5:30 p.m. on Wednesday, February 11, 2009 with all members present.
EXECUTIVE SESSION 02-11-09
At 5:30 p.m., Jones moved that the Board recess into executive session for a period of 65 minutes, with the regular session to resume at 6:35 p.m., to meet with the County Counselor to discuss matters, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Other attendees to the executive session included: Craig Weinaug, County Administrator; and Evan Ice, County Counselor. The motion was seconded by Flory and carried unanimously.
The Board concluded the executive session at 6:35 p.m., and resumed its regular session. No action was taken as a result of the executive session.
Jones moved to approve the minutes of January 21, January 26, and January 28. Motion was seconded by Flory and carried unanimously.
CONSENT AGENDA 02-11-09
Jones moved approval of the following Consent Agenda:
► Resolution No. 09-05 for cereal malt beverage license for The Clinton Store located at 598 N 1190 Road; and
► Notice to Township Board to sell Cereal Malt Beverages at Clinton Marina, Inc.; and Clinton Marina Grille, both located at 1329 E 800 Road.
Motion was seconded by Thellman and carried unanimously.
Item pulled from the Consent Agenda.
HEALTH DEPARTMENT 02-11-09
The Board considered the approval of a letter jointly signed by Douglas County and City of Lawrence to the U.S. Environmental Protection Agency (EPA), supporting the Kansas Department of Health and Environment (KDHE) recommendation that Douglas County should not be part of the Kansas City nonattainment region on air quality. Richard Ziesenis, Director of Environmental Health, provided the Commissioners with background information leading to the joint letter.
Flory moved to approve the letter to the Secretary of Health and Environment supporting that Douglas County should not be part of the Kansas City non attainment region regarding air quality and to authorize the Chairman to sign on behalf of the Board. Motion was seconded by Jones and carried unanimously.
PLANNING 02-11-09
The Board considered the approval of joint City Ordinance No. 8364/County Resolution 09-06 for Text Amendment TA-10-17-08, amendments to Sections 20-804, 20-805, 20-807 and 20-815 of the joint Subdivision Regulations revising standards for Build Out Plans. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented the item. The item was initiated by the County Commission on October 29, 2008 and approved by the Board in December 2008, but was not adopted due to a wait for notification to the townships and cities within the County. The item was approved by the Planning Commission on December 15, 2008 with a 7-0 vote. The regulations will require planning within the UGA to be at block level so future developments will not interfere with extension of streets.
Flory moved to approve Joint City Ordinance No. 8364/Resolution No. 09-06. Motion was seconded by Jones and carried unanimously.
PLANNING 02-11-09
The Board considered the approval of CUP-11-08-08, a Conditional Use Permit for a water treatment facility modification for Rural Water District No. 3, located at 1239 E 300 Road, Berryton. The application was submitted by Bartlett & West, for Douglas County Rural Water District No. 3, the property owner of record. Approval of the CUP request will enable the RWD No. 3 to place a cover over the existing concrete pre-sedimentation basin. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. The Planning Commission approved the item on January 26, 2009 with an 8-0 vote.
Staff recommends approval of a Conditional Use Permit for a water treatment facility modification for Rural Water District No. 3 located at 1239 E 300 Road based upon the following findings of fact:
I. Zoning and uses of property nearby. The property is located approximately 2.7 miles east of the western Douglas County line on the west side of Clinton Lake. The subject property and the surrounding area are zoned for agricultural use. Agriculture and rural residences are the predominate land uses in the area.
II. Character of the area. This is a rural area with agricultural land uses and rural residences. The surrounding property includes a variety of parcel sizes from 5 to over 100 acres.
III. Suitability of subject property for the uses to which it has been restricted. A conditional Use Permit (CUP) d s not change the base, underlying zoning. The suitability of the property for a utility purpose will not be altered. The 22.5 acre property is developed with various structures for the purpose of collecting and treating water for distribution to other rural water districts. This property is suitable for the uses permitted in the A zoning district.
IV. Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned "A (Agricultural)" since that adoption. The property is currently developed with multiple buildings for the purpose of water treatment. The original approval for development was granted in 1979. The facility was upgraded in 1996.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The removal of restrictions will not detrimentally affect nearby property.
VI. 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. The approval of the CUP would allow the utility to improve the quality of water treated.
VII. Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuance of CUPs but Chapter 10, Community Facilities stated in Policy1.1b "Maintain or upgrade existing facilities and services where necessary to serve existing development." This proposed request is consistent with the policy statement.
AND subject to the following conditions:
1. Applicant shall provide a revised site plan with the following changes:
a. Note the type of surface of driveway.
b. Dimension width of driveway.
c. Identify any lights with details of the fixture, mounting height and shielding if any.
d. Provide a note to indicate the number of off-street parking provided.
e. Show accessible parking stall.
Flory moved to approve CUP-11-08-08 with the above-listed conditions. Motion was seconded by Thellman and carried unanimously.
ECO2 & BOARDS 02-11-09
The Board considered the approval of amendments to the ECO2 Plan as presented by Larry McElwain, chairman of ECO2. Also present for the discussion were Robert Rhoton, Vice Chairman; and Rex Buchanan, member. The item was originally discussed on October 29, 2008. It was the consensus of the Board at that time to accept the suggested amendments, but to defer official action until the issues regarding the proposed Chapter 7 amendments to Horizon 2020 were resolved. There was discussion regarding prime soil classes and how they are weighted in the land review process.
Flory moved to adopt the changes to the EOC2 Plan. Motion was seconded by Thellman and carried unanimously.
MISCELLANEOUS 02-11-09
Jones stated he had received a letter from the Kansas Department of Commerce regarding possible assistance available under the Housing and Economic Recovery Act. He asked who will be attending the workshop on March 3, 2009. Craig Weinaug, County Administrator, stated the item will be placed on the February 23, 2009 agenda for discussion. No action was taken.
Jones moved to adjourn; Thellman seconded and the motion carried.
____________________________ ____________________________
Charles Jones, Chairman Nancy Thellman, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date