Meeting Information
6:35 p.m. Meet in Commission Chamber
-Convene
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) (a) Consider and conduct a Public Hearing for Southeast Lawrence Sanitary Sewer Main Benefit District No. 1 - Sanitary Sewer Improvements; Resolution No. 06-30; Southeast Lawrence Sanitary Sewer Main Benefit District No. 2 - Sanitary Sewer Improvements; Resolution No. 06-31; and Southeast Lawrence Sanitary Sewer Main Benefit District No. 3 - Sanitary Sewer Improvements; Resolution No. 06-32
(b) Conduct a Public Hearing and consider the adoption of the Assessment Resolution for the SW Lawrence Sanitary Sewer Main Benefit District 1, 2, 3
(3) Consider approval of Z-11-19-08, a request to rezone 58.99 acres located northeast of the intersection of N 1800 Road & E 700 Road, S of Lecompton from A (Agricultural) to B-2 (General Business District). Submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. (PC Item 5; approved 8-0 on 5/18/09)
(Mary Miller is the Planner)
(4) Consider approval of CPA-3-2-09, a Comprehensive Plan Amendment for revisions to Horizon 2020 Chapter Four - Growth Management and Chapter 6 - Commercial Land Use to expand the possible locations of conference, recreation, or tourism facility uses in the rural area of Douglas County. Initiated by the Planning Commission on April 20, 2009. Requested by Rockwall Farms, LC. (PC Item 4; approved 6-2 on 5/18/09)
(Dan Warner is the Planner)
(5) Consider approval of SP-5-20-09, a site plan for revisions to the Conditional Use Permit for Pine Family Farms operation located at on E 1500 Road, east side of the road, approximately 1/8 mile south of Hwy 24/40. Submitted by Paul Werner Architects for Sue Pine Trustees. (Linda Finger)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(7) Adjourn
Thellman called a special meeting to order at 3:10 p.m. on Wednesday, June 24, 2009 will all members present.
Thellman moved that the Board recess into executive session for 125 minutes returning at 5:15 p.m. on matters for the purpose of discussing personnel matters of nonelected personnel. The justification is to protect the privacy of the personnel involved. Attendees included: Craig Weinaug, County Administrator; and Pam Madl, Assistant County Administrator.
The Board returned to regular session at 5:15 p.m. No action was taken.
Thellman moved to recess until 6:35 p.m. Motion was seconded by Gaughan and carried unanimously.
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, June 24, 2009 with all members present.
BENEFIT DISTRICTS 06-24-09
The item to consider and conduct a Public Hearing for Southeast Lawrence Sanitary Sewer Main Benefit District No. 1 - Sanitary Sewer Improvements; Resolution No. 06-30; Southeast Lawrence Sanitary Sewer Main Benefit District No. 2 - Sanitary Sewer Improvements; Resolution No. 06-31; and Southeast Lawrence Sanitary Sewer Main Benefit District No. 3 - Sanitary Sewer Improvements; Resolution No. 06-32 was removed from the meeting agenda.
BENEFIT DISTRICTS 06-24-09
The Chairman opened a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for the costs of certain sewer improvements heretofore authorized by the Board, as follows:
Southeast Lawrence Sanitary Sewer Main Benefit District No. 1 - Sanitary Sewer Improvements
Resolution No. 06-30;
Southeast Lawrence Sanitary Sewer Main Benefit District No. 2 - Sanitary Sewer Improvements
Resolution No. 06-31; and
Southeast Lawrence Sanitary Sewer Main Benefit District No. 3 -
Sanitary Sewer Improvements
Resolution No. 06-32
It was determined by the Board that notice of the public hearing was duly published and mailed in accordance with K.S.A. 19-27a01 et seq. Comments were received by the Board. Thereafter, the Chairman adjourned the public hearing.
Thereupon, an Assessment Resolution was presented entitled:
AN ASSESSMENT RESOLUTION LEVYING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN DOUGLAS COUNTY, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NOS. 06-30, 06-31 AND 06-32 OF THE COUNTY; AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS.
The Assessment Resolution was considered and discussed and on motion of Commissioner Flory, seconded by Commissioner Thellman the Assessment Resolution as a whole was adopted by the following roll call vote:
Yes: 3
No: 0
Thereupon, a majority of the members of the Board having voted in favor of the adoption of the Assessment Resolution, it was given No. 09-20, was signed by the Commissioners and attested by the County Clerk; and the County Clerk was ordered to cause the Assessment Resolution to be published one time in the official County newspaper as required by law, and to cause to be mailed a Notice of Assessment to each and all of the known property owners affected thereby on the same date that the Assessment Resolution is published.
PLANNING 06-24-09
The Board considered the approval of SP-5-20-09, a site plan for revisions to the Conditional Use Permit (CUP) for Pine Family Farms operation located at 1785 E 1500 Road, east side of the road, approximately 1/8 mile south of Hwy 24/40. The subject property contains approximately 23 acres. The application was submitted by Paul Werner Architects for Sue Pine Trustee, property owner of record. Linda Finger, Planning Resource Coordinator, presented the item.
A CUP for the Nursery and Landscape Material Sales, CUP-10-08-02, was approved by the County Commission in 2003 for a 10-year period, but with the condition of a review in 2008. Staff finds the proposed request, as conditioned, is consistent with the CUP previously approved for this property [CUP-10-08-03] and the A (Agriculture) Zoning District. Staff recommends approval of Site a Plan 05-20-09 as a revision to the previously approved 2003 site plan for this CUP Retail Nursery use located east of the retail site in the 1700 block of E 1500 Road, subject to the following conditions:
1) A stop sign be installed for customer traffic at the west end of the drive, where it intersects with E 1500 Road.
2) Retail customers be encouraged to use the drive directly west of the entry drive when multiple trips are required to weigh materials on the scales next to the retail office. There should be printed material at the retail sales office that provides this encouragement to customers.
Thellman opened for public comment. No comment was received.
Thellman moved to approve the SP-05-20-90 site plan revision to Pine Family Farms CUP-10-08-03 with the above-listed conditions. Motion was seconded by Gaughan and carried unanimously.
PLANNING 06-24-09
The Board considered the approval of CPA-3-2-09, a Comprehensive Plan Amendment for revisions to Horizon 2020 Chapter 4- Growth Management and Chapter 6 - Commercial Land Use to expand the possible locations of conference, recreation or tourism facility uses in the rural area. The CPA was requested by Rockwall Farms, LC and initiated by the Planning Commission on April 20, 2009. The applicant provided proposed text changes to Chapter 4 and Chapter 6 with their CPA request. Dan Warner, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Staff recommended approval of the CPA and the Joint Ordinance/Resolution.
Thellman opened the item for public comment.
Paul Werner, architect, stated staff felt comfortable with a mile separation from other existing similar facilities. He had also suggested a buffer of 500 ft.
Charlene Winter, 638 N 1800 Road, asked if the buffer area is open ground. Warner replied the intent is to maintain a natural buffer. It could be field area, berms or trees. The buffer could vary along each side of the property. Flory added the buffer would be addressed on the site plan.
Thellman moved to close public comment. Flory seconded and the motion carried unanimously.
It was the consensus of the Board to make the following amendments to the CPA: 1) making the 200 ft buffer to read "a mandatory minimum of 200 ft natural buffer area, or other appropriate distances as determined by the Board of County Commissioners"; 2) "separated from existing conference, recreation, or tourism facilities by at least 3 miles or other appropriate distance as determined by the Board of County Commissioners."
Thellman moved to approve Joint Ordinance No. 8415 of the City of Lawrence, Kansas, and Resolution 08-21 of the Board of County Commissioners of Douglas County, Kansas approving amendments to the Comprehensive Land Use Plan "Horizon 2020" by amending Chapter Four - Growth Management and Chapter Six - Commercial Land Use with the above-listed amendments. Motion was seconded by Flory and carried unanimously.
PLANNING 06-24-09
The Board considered the approval of Z-11-19-08, a request to rezone 58.99 acres located northeast of the intersection of N 1800 Road and E 700 Road, south of Lecompton from A (Agricultural) to B-2 (General Business District). The application was submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. (PC Item 5; approved 8-0 on 5/18/09) Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item and provided a list of concerns expressed by area residents which included water supply, sewage, alcohol, gun safety and noise. Miller also addressed concerns regarding notification by displaying notification maps from the County Clerk's office.
Staff recommends, based on the passing of accompanying Comprehensive Plan Amendment request [CPA-3-2-09], approval of the zoning request subject to the following conditions:
1) The rezoning resolution shall be published after the Board of County Commissioners have approved and signed the resolution for the Comprehensive Plan Amendment [CPA-3-2-09].
2) The rezoning resolution shall be published after the recordation of a final plat which shall include the following items:
a) The buffer area shown on the concept plan shall be included on the plat.
b) Use restrictions and maintenance responsibility for the buffer area shall be listed.
Thellman opened the item for public comment.
Paul Werner, architect, stated that The Woods is a full service corporate retreat. The owners are not seeking anything from the County other than rezoning approval. The hunting item has been taken off the table. Werner explained that the property was intentionally configured as a flag shaped lot to eliminate the possibility of putting in a gas station or commercial building along the main road. He stated it is hard to judge the amount of water use at this time. If required, a lagoon would be approved through the state. They plan to use water from the pond to sprinkle for fire.
Flory asked if the applicant would accept a CUP that would extend for 30 years, with approval of alcohol consumption on the premises. Warner replies the rezoning is all about security because rural regulations change. Flory agreed but rezoning is also a risk to the County because if the project fails to go through, we would have a bunch of mixed zonings in the area.
Mark Andersen, attorney representing the applicant, stated that a CUP did not provide potential investors with enough security to make the project financially viable. He called the project a multigenerational investment and investors were not willing to take the risk that the political climate had changed in 20 years when the CUP was up for renewal.
Don Fuston, Chair of Water District No. 6., stated that water is his main concern. The retreat would be limited to 1.6 million gallons a year. He feels that is not sufficient. Anything above 1.6 million would force rationing to area residents. Gaughan asked if the water district could still provide water if for example 10 additional families moved to the area, in addition to the retreat. Fuston, stated "yes" the district could supply water to 10 new families in addition to the retreat.
Charlene Winter stated she prefers the County approve a CUP as opposed to the rezoning. Flory asked Winter whether she was against the resort entirely or if she is comfortable offering a CUP with limitations. Winter stated she is concerned that a rezoning will end up allowing something she d sn't want.
Mark Andersen, suggested adding covenant and restrictions to the property and making the County the beneficiary. Anderson also stated the County Counselor had discussions with staff about the issue of conditional zoning and that Evan had indicated this was something that should be possible in the County. Anderson respected Evan and would not say the County Counselor gave an opinion on the issue.
Hank Booth, Lawrence Chamber of Commerce, stated his support of the project. He feels no other retail would want to locate to this area. He looks at the project as an amenity to the community.
Thellman moved to close the public comment; Flory seconded and the motion carried unanimously.
It was the consensus of the Board to table the rezoning request Z-11-19-08. Motion was seconded by Thellman and carried unanimously.
Flory moved to initiate a text amendment to the Douglas County Zoning Regulations that would add language to permit conditional zoning and directed staff to place this amendment on the August Planning Commission agenda for public hearing. Motion was seconded by Gaughan and carried unanimously.
Gaughan moved to initiate the creation of a new zoning district to the County Zoning Regulations for "conference, retreat, recreational, tourism or agri-tourism and heritage sites" and requested Staff work on the language to include input from the previous applicant and others; and that staff provide the Commission with draft language by August 1, 2009. Motion was seconded by Thellman and carried unanimously.
MISCELLANEOUS 06-24-09
Hubbard Collinsworth, resident, asked the Board to consider addressing future needs of the homeless environment in regards to the temporary shelter being tabled. There are a number of families camping out at Clinton Lake.
Thellman moved to adjourn the meeting; Flory seconded and the motion carried unanimously.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date