Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders; and
(b) Consider approval of a Temporary Business Permit for a fundraiser for Women in Construction. Application submitted by Bart Christian for Lone Oak, Inc. (Keith Dabney)
REGULAR AGENDA
(2) Consider approval of CUP-1-3-09, a Conditional Use Permit for the selling of dirt, located on the north side of N 201 Diagonal Road/E Hwy 56, in the NE 1/4 of section 3-15-20. Submitted by James & Marilyn Barrett, property owner of record. Linda Finger is the Planner.
(3) Consider approval of CUP-1-4-09, a Conditional Use Permit for the selling of dirt, located on the SW corner of N 50 Rd & E 2100 Rd, in the SE 1/4 of section 18-15-21. Submitted by James & Marilyn Barrett, property owner of record. Linda Finger is the Planner.
(4) Consider approval of CUP-1-2-09, a Conditional Use Permit for a truck storage facility, which was previously approved for a 5-year CUP that has now expired. The property is located in the NW 1/4 of section 8-14-20 , more specifically described as being located on the SE corner of N 800 Rd & E 1500 Rd. Submitted by Paul Werner Architects, for John Stevens, property owner of record. Linda Finger is the Planner.
(5) Consider approval of CUP-1-1-09, a Conditional Use Permit for an event hall for Seranata Farms, located at 1898 E 56 Road, in the SE 1/4 of section 11-12-17. Submitted by Price Property LLC, property owner of record. Sandra Day is the Planner.
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, April 15, 2009 with all members present.
CONSENT AGENDA 04-15-09
Thellman moved approval of the following Consent Agenda:
► Temporary Business Permit for a fundraiser for Women in Construction to be held on Saturday, April 18, 2009 from 8:00 a.m. to 3:00 p.m. at 1719 E 150 Road, Lecompton, Kansas. Property owner: Lone Oak, Inc.
Motion was seconded by Flory and carried unanimously.
PLANNING 04-15-09
The Board considered the approval of CUP-1-3-09, a Conditional Use Permit for the selling of dirt, located on the north side of N 201 Diagonal Road/E Hwy 56, in the northeast quarter of section 3-15-20. The application was submitted by James and Marilyn Barrett, property owners of record. Linda Finger, Planning Resource Coordinator, presented the item.
The dirt piles are a result of the property owner creating excess dirt from clearing his property of overgrown trees to allow for agricultural production. The property is currently zoned as A (Agricultural) District. Staff recommends the approval of a four-year period for the CUP, which constitutes sufficient time for the dirt removal.
Staff recommends approval of the Conditional Use Permit based on the following findings of fact:
I. Zoning and uses of property nearby. The subject property is located on the eastern border of Baldwin City, between N 300 Road and N 201 Diagonal Road/US Hwy 56. It is used agriculturally. A 3-acre tract exists along the subject property's northern boundary where it fronts onto N 300 Road. This 3-acre tract is not part of the Conditional Use Permit application and is developed with a relative's residence. Uses further to the north include agricultural and rural residential, as do uses to the east of this property. The west and south sides of the subject property are within the corporate limits of Baldwin City and are partially developed with residential uses. The residences were built in the late 1990s.
II. Character of the area. The character of the area is rural agricultural with evidence of urban fringe development. The area is within the Urban Growth Boundary of Baldwin City.
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 or, in this case, the existing and future use of the property for agricultural crop production.
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 in agricultural production - it is not vacant land.
V. Extend to which removal of restrictions will detrimentally affect nearby property. There are no negative impacts that have been identified with the approval of this use.
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. Approval of the CUP would provide ready access for residential property owners and developers to a commodity necessary for landscape improvements. Access to N 201 Diagonal Road/US Hwy 56 exists today. Farm vehicles entering or exiting this site must observe traffic safety rules in entering and exiting the site. There would be no difference in the traffic safety regulations for vehicles traveling along N 201 Diagonal Road/US Hwy 56 if this application is approved.
VII. Conformance with the comprehensive plan of Douglas County and with the comprehensive plan of Baldwin City.
HORIZON 2020: An evaluation of the conformance of a Conditional Use Permit request with Horizon 2020's strategies, goals, policies and recommendations finds that the comprehensive plan d s not address special or conditional use permits. The Plan d s address agriculturally zoned/used land. Horizon 2020 recommends; "Agricultural uses should continue to be the predominant land use within the areas of the county beyond the designated urban growth/service areas (rural area). Uses permitted in the rural area should continue to be limited to those which are compatible with agricultural production and uses." (page 5-6, Horizon 2020). The proposed use facilitates the continuation of the property in its current agricultural use by providing a tool for the property owner to recoup a portion of the cost of clearing and preparing the land for crop production through the sale of excess dirt generated by this activity on the subject property.
The issuance of special or conditional use permits is not discussed in Horizon 2020. However, the Plan d s address agricultural uses and the fact that such uses should be continued as the predominant land use within areas of the county beyond the designated urban growth/service areas. This area is beyond the Lawrence's Urban Growth Area.
COMPREHENSIVE PLAN, BALDWIN CITY, KS: Section 10 in the Comprehensive Plan provides the 'Future Land Use Plan' and the vision for how the Urban Growth Area and the Urban Reserve Area are proposed to function. The subject property, being adjacent to the city limits on two sides, is within the Urban Growth Area. This is the area acknowledged in the plan as the "logical growth area" of the City. Lands that are contiguous to the city limits are considered "the preferred locations for urban growth and development". The plan also indicates that there are approximately 292 acres of land designated as agricultural within the Urban Growth Area. The difference in the plan between the number of acres within the Urban Growth Area (4,285) and the estimated future total urban lands needed (3,993 acres) is the "timing and location of development"...based on "...a willing seller of land". The property owner/applicant attempted to have this land annexed and developed within the city of Baldwin four years ago. That effort was not fruitful and the landowner has redirected his efforts into making the subject property agriculturally productive. Due to the current housing market slump, the applicant has indicated he is not "willing" to annex or develop this land for residential uses at this time.
Conditional or special use permits are not addressed in the Comprehensive Plan for Baldwin City. However, the development of land for urban uses, or non-agricultural uses, is recommended to occur after annexation of the land into the city. The application for a Conditional Use Permit to sell excess dirt is a temporary, subsidiary use to the principal use of the property which is agricultural.
AND subject to the following conditions approved by the Planning Commission on March 23, 2009:
1. The approval be limited to the sale of dirt from the two existing dirt piles on the site;
2. The approval be for a period of 4 years [July 1, 2013] or until the two existing dirt piles are removed, whichever occurs first;
3. One sign be permitted to be posted along the south side (N 201 Diagonal Road/US Hwy 56) road frontage, behind the road right-of-way line, with a maximum size of no greater than 32 square feet;
4. Customer access to the site be limited to the access cut from N 210 Diagonal Road/US Hwy 56; and,
5. Sales are limited to conditions when mud will not be carried onto the highway by vehicle tires and customer hours are limited to daylight hours.
6. If erosion is found on the parameter of the property, appropriate erosion control measures will be put in place. (*Condition 6. was added by the Planning Commission on March 23, 2009)
*Staff's recommendation also includes an inspection of the site in two years (on or before July 1, 2011) by Zoning & Codes staff to determine the extent of raw material remaining to be sold. This recommendation is not listed as a
condition of approval as it lies outside the ability of the owner to perform.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve CUP 1-3-09, based upon the above-listed findings of fact and subject to the above-listed conditions and the four-year CUP length with a two-year site inspection (on or before July 1, 2011) as recommend by staff and as approved by the Planning Commission on March 23, 2009. Motion was seconded by Gaughan and carried unanimously.
[Note: After the vote, the property owner commented that four years should be ample time to complete his sales and the removal of the dirt piles.]
PLANNING 04-15-09
The Board considered the approval of CUP-1-4-09, a Conditional Use Permit for the selling of dirt, located on the SW corner of N 50 Road & E 2100 Road, in the southeast quarter of section 18-15-21. The application was submitted by James and Marilyn Barrett, property owners of record. This is a second CUP application request for the Barretts where the dirt piles are a result of clearing and contouring of land for agricultural production. Linda Finger, Planning Resource Coordinator, presented the item.
Staff recommends approval of the CUP based on the following findings of fact:
I. Zoning and uses of property nearby. The subject property is located near the southern border of the county, approximately 1/2 mile north of the Franklin-Douglas County line. The property is used agriculturally as are all the adjoining properties. A few farm residences exist within 1/4 mile of the subject property. The subject property and all nearby properties are zoned A (Agricultural).
II. Character of the area. The character of the area is rural. The predominate land uses are farms and other agriculturally related uses.
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 or, in this case, the existing and future use of the property for agriculturally uses.
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 used agriculturally - it is not vacant land.
V. Extend to which removal of restrictions will detrimentally affect nearby property. There are no negative impacts that have been identified with the approval of this use.
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. Approval of the CUP would provide ready access for nearby property owners to a commodity necessary for landscape improvements. E 2100 Road is a Local township road. Vehicles entering or exiting the subject property have a clear site distance for over 1/4 mile in either direction.
VII. Conformance with the comprehensive plan of Douglas County and with the comprehensive plan of Baldwin City.
HORIZON 2020: An evaluation of the conformance of a Conditional Use Permit request with Horizon 2020's strategies, goals, policies and recommendations finds that the comprehensive plan d s not address special or conditional use permits. The Plan d s address agriculturally zoned/used land. Horizon 2020 recommends; "Agricultural uses should continue to be the predominant land use within the areas of the county beyond the designated urban growth/service areas (rural area). Uses permitted in the rural area should continue to be limited to those which are
compatible with agricultural production and uses..." (page 5-6, Horizon 2020). The proposed use facilitates the continuation of the property in its current agricultural use by providing a tool for the property owner to recoup a portion of the cost of construction of a farm pond on the site through the sale of excess dirt generated by this activity.
The issuance of special or conditional use permits is not discussed in Horizon
2020. However, the Plan d s address agricultural uses and the fact that such uses should be continued as the predominant land use within areas of the county beyond the designated urban growth/service areas. This area is beyond the Lawrence's Urban Growth Area.
COMPREHENSIVE PLAN, BALDWIN CITY, KS:
Section 10 in the Comprehensive Plan provides the 'Future Land Use Plan' and the vision for how the Urban Growth Area and the Urban Reserve Area are proposed to function. The subject property is not adjacent to the city limits. It is outside the Urban Growth Area and the Urban Reserve Area as designated in the Comprehensive Plan for Baldwin City. The subject property
is, however, within three miles of an island of land annexed by Baldwin City for a park.
Conditional or special use permits are not addressed in the Comprehensive
Plan for Baldwin City. The development of land for urban uses, or non-agricultural uses, is recommended to occur after annexation of the land into the city. The property lies outside both the Urban Growth Area and the area of planning influence (the Urban Reserve Area). The application for a Conditional Use Permit to sell excess dirt is a temporary, subsidiary use to the principal use of the property which is agricultural.
AND subject to the following conditions as approved by the Planning Commission on March 23, 2009.
1. The approval is limited to the sale of dirt from the existing dirt pile on the site. The pile measures approximately 30' x 90' with an average height of 10';
2. The approval be for a period of 4 years [July 1, 2013] or until the existing dirt pile is removed, whichever occurs first;
3. No sign shall be erected on the site;
4. Customer access to the site may be restricted from time to time when the area is used to pasture cows; and,
5. Sales are limited to daylight hours.
*Staff's recommendation also includes an inspection of the site in two years (on or before July 1, 2011) by Zoning & Codes staff to determine the extent of raw material remaining to be sold. This recommendation is not listed as a condition of approval as it lies outside the ability of the owner to perform.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve CUP 1-4- 09, based upon the above-listed findings of fact and subject to the above-listed conditions and the four-year CUP length with a two-year site inspection (on or before July 1, 2011) as recommend by staff and as approved by the Planning Commission on March 23, 2009. Motion was seconded by Flory and carried unanimously.
PLANNING 04-15-09
The Board considered approval of CUP-1-2-09, a Conditional Use Permit for a truck storage facility, which was previously approved for a 5-year CUP that has now expired. The property is located in the northwest quarter of section 8-14-20, more specifically described as being located on the southeast corner of N 800 Road & E 1500 Road. The application was submitted by Paul Werner Architects, for John and Karon Stevens, property owners of record. Linda Finger, Planning Resource Coordinator, presented the item.
The truck storage building servicing Concrete Inc, is a Type 2 Home Business use which the owner has operated for 10 years. The storage building and parking areas are well screened from N 800 and E1500 Roads, except at the driveway entrances. All vehicle repair and maintenance work is done within the enclosed building.
Staff recommends approval of CUP-1-2-09 based upon the following findings of fact:
I. Zoning and uses of property nearby. The subject property is located on the south side of N 800 Road, along the east side of E 1500 Road. East 1500 Road is a dead-end road in this location, extending for no more than 750' south of N 800 Road. The surrounding properties are in agricultural or related uses with horse, cattle, and cropland being the predominate uses. Three rural residences take access from E 1500 Road, south of N 800 Road. The property to the west is associated with the site of this Conditional Use Permit through the Type 2 home business operated from the property at 795 E 1500 Road. A-1 Suburban Home Residential) zoning exists on three sides of the subject property. The subject property and the properties to the north are zoned A (Agricultural).
II. Character of the area. The character of the area has not changed since the former Conditional Use Permit was approved in 2002. The area lies several miles beyond the Urban Growth Area of Lawrence and is within three miles of four transportation corridors in Douglas County [County routes 1055, 458, 460 and US Hwy 59].
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 agricultural or rural residential use will not be altered. The 2-acre site is not of sufficient size to be independently developed as a rural residential site. The A District permits agricultural uses and related uses. The use is suitable to the site and to the uses to which it is restricted.
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 not vacant.
V. Extend to which removal of restrictions will detrimentally affect nearby property. No negative impacts have been identified in the past in association with this use and none are anticipated in the future by the approval of this CUP.
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. Approval of the CUP would permit the use of the subject 2-acre site to continue as an extension of the home business operated on the property owner's adjacent property to the west.
VII. Conformance with the comprehensive plan. The issuance of special or conditional use permits is not discussed in Horizon 2020. However, the Plan d s speak to the need to consider and support existing businesses in the county by continuing "to address the needs of existing businesses and industries to ensure their retention in the community..."
AND subject to the following conditions:
1. Approval of the truck storage use, as long as the use is associated with the Home Business use to the west, for a period of ten years expiring on July 1, 2019.
2. Submittal of a revised site plan to show the following revisions and/or additions to the site plan notes as follows:
a. Note 1.11 - Please delete specific references to sections in site plan and building code and replace with "...as required in the Chapter XII (Zoning Regulations) of the County Code and in the Uniform Building Codes adopted by Home Rule Resolutions by the County Commission in 1991 and 2001;
b. Note 1.12 - Please revise this note to reflect the 10 year approval recommended and include the expiration date of July 1, 2019 on the plan;
c. Note 1.15 - Please delete specific references to sections in site plan and building code and replace with "...as required in the Chapter XII (Zoning Regulations) of the County Code";
d. Note 1.16 - Please replace the existing note with, "Exterior storage of materials shall not be permitted on this property until a revised site plan has been approved and the property has been platted in accordance with the Subdivision Regulations";
e. Note 1.17 - Please change the reference to section 19 in the Zoning Regulations to the "...Chapter Xii (Zoning Regulations) of the County Code";
f. Note 1.19 - Please replace the existing note with, "No intensification of use or additional buildings may be constructed on the site until a revised site plan has been approved and the property has been platted in accordance with the Subdivision Regulations"; and
g. Note 1.20 - Please add to this condition the word "truck" between the words 'to' and 'storage'.
*This recommendation includes a review of the Conditional Use Permit in five years, on or before July 1, 2014, by county staff for compliance with the conditions of approval. This is not a condition of approval as it lies outside the ability of the owner to perform.
Thellman opened the item for public comment. No Comment was received.
Flory moved approval of CUP-1-2-09, based upon the above-listed findings of fact and subject to the above-listed conditions and the five-year review as recommend by staff and as approved by the Planning Commission on March 23, 2009. Motion was seconded by Thellman and carried unanimously.
[Note: The Board directed Linda Finger to follow up with Keith Dabney to see if the remaining business owners with expired CUPs, who have not responded to staff notification, have been again contacted.]
PLANNING 04-15-09
The Board considered the approval of CUP-1-1-09, a Conditional Use Permit for an event hall for Seranata Farms, located at 1898 E 56 Road, in the southeast quarter of section 11-12-17. The application was submitted by Price Property LLC, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The applicant wishes to change the usage of an agricultural building for use as an event hall. The facility already exists. The CUP would allow for an assembly type use. Staff recommends approval of CUP 01-1-09 based upon the following findings of fact:
I. Zoning and uses of property nearby. The subject property is made up of multiple parcels under the applicant's ownership. Area along the highway is zoned B-2 (General Business) District. The subject property includes a landscape business, home and several out-buildings located on the agricultural portion of the property. The predominate zoning in the area is A (Agricultural). Commercial zoning was established along the Highway on both sides prior to expansions of the area in 1984. Highway development includes a variety of uses including commercial and residential activities.
II. Character of the area. The subject property is located within the area known as Big Springs. This rural community is located along U.S. Highway 40 in the extreme western portion of Douglas County. This is a rural area with agricultural land uses and rural residences. The surrounding property includes a variety of parcel sizes and a commercially zoned strip along the Highway. The subject property includes an existing landscape business.
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 agricultural and residential purposes will not be altered. The 21.4 acre property is developed with various structures. The property includes both B-2 and A zoning districts.
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) and "B-2" (General Business) prior to a 1984 request in the area. The property is currently developed with multiple buildings including residential, business and agricultural structures and uses.
V. Extend to which removal of restrictions will detrimentally affect nearby property. Approval of the request will allow for additional activity in the area and reuse of existing buildings on the subject 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 provide additional economic opportunities to the area. Additional traffic will occur to and from the site during events.
VII. Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuance of CUPs, however the proposed use provides an active use of existing facilities in the area.
AND subject to the following conditions:
1. Applicant shall provide a revised site plan with the following changes:
a. Note additional parking area in grass area north of building.
b. The owner operator shall maintain the existing vegetation in a healthy state. Screening around the parking areas shall require installation of similar size and quantity of vegetation if removed or lost due to disease.
c. Show minimum required 4 accessible spaces.
d. Note that CUP shall expire on July 1, 2019.
*This recommendation includes a review of the Conditional Use Permit in five years, on or before July 1, 2014, by county staff for compliance with the conditions of approval. This is not a condition of approval as it lies outside the ability of the owner to perform.
Thellman opened the item for public comment.
Chad Price, property owner, stated he wishes to take a large existing vacant building to use as an event hall for weddings, anniversaries and corporate events. There will be limited outdoor usage. The stated the facility is secluded from neighboring properties.
Flory moved to approve CUP-1-1-09 based upon the above-listed findings of fact and subject to the above-listed conditions and the five-year review as recommend by staff and as approved by the Planning Commission on March 23, 2009. Motion was seconded by Gaughan and carried unanimously.
SHERIFF 04-15-09
The Board considered the approval of matching funds for the Second Chance Act proposal grant for the Douglas County Reentry Program. Ken McGovern, Douglas County Sheriff, and Shannon Murphy, Re-entry Program Director, initiated the discussion.
The purpose of the grant is to apply for federal funding for our existing inmate reentry program. The program monitors inmates after release to help ensure a safe and successful transition into the community. For 2010, the grant provides 50% funding from the Act ($137,500) with a 12.5% inmate equipment reserve match ($34,375) and 12.5% applicant match ($34,375), and a 25% in-kind match of $68,750, totaling $275.000.
Flory asked if money has been budgeted or if the match would come from the general fund. Pam Madl, Assistant County Administrator, stated money is available that was frozen in the equipment fund. Half the money could come from the inmate driven fund, which was set aside for future uses. Flory asked what allowances have been made for future years. McGovern stated the hope is money will be saved on housing inmates, which could cover the new positions.
The Board discussed the previous Board's commitment to the Re-entry program and its chances for sustainability after five years. After discussion, Flory moved to authorize the Chair to execute the Second Chance Act proposal application. Motion was seconded by Thellman and carried unanimously.
MISCELLANEOUS/JOINT CITY-COUNTY SESSION 04-15-09
It was the consensus of the Board they wish to set up joint City/County Commission meetings with the cities of Baldwin City and Lecompton in the near future. The Board recently met in joint session with the Eudora City Council on February 4, 2009 to discuss the new Kansas Turnpike terminal to be constructed north of Eudora at Leavenworth County Route 1.
Thellman moved to adjourn; Flory seconded and the motion carried.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date