Meeting Information
-Convene
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders; and
(b) Consider approval of a resolution authorizing the including of Douglas County, Kansas in the Foreign Trade Zone "Service Area" of the Greater Kansas City Foreign Trade Zone, Inc. for the purpose of implementing new procedures for securing Foreign Trade Zone statues within Douglas County and authorizing a letter communicating the same to the grantee. (Al Figuly and Beth Johnson)
REGULAR AGENDA
(2) Presentation about H1N1 Pandemic preparedness in Douglas County (Dan Partridge and Teri Smith).
(3) TA-6-9-09: Consider a text amendment to the Douglas County Zoning Regulations that would allow the County Commission to approve conditional zoning map amendments (rezoning request). Initiated by the Board of County Commissioners on 6/24/09. (PC Item 2; approved 8-0 on 8/24/09) (Linda Finger)
(4) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(5) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, September 2, 2009 with all members present.
CONSENT AGENDA 09-02-09
Thellman moved approval of the following Consent Agenda:
► Commission Order No. 09-035 (on file in the office of the Clerk);
► Resolution 09-31 supporting the inclusion of Douglas County, Kansas in the Foreign Trade Zone "Service Area" of the greater Kansas City Foreign Trade Zone, Inc. for the purpose of implementing new alternative site designation procedures for securing Foreign Trade Zone status within the County and authorizing a letter communicating County support of the same.
Motion was seconded by Gaughan and carried unanimously.
PROCLAMATION 09-02-09
Nancy Thellman read a proclamation proclaiming September 6-12, 2009 as "Suicide Prevention Week." Gaughan moved approval of the proclamation as read; Flory seconded and the motion carried unanimously.
HEALTH DEPARTMENT 09-02-09
Dan Partridge, Director of the Lawrence-Douglas County Health Department, gave a report to the Board on seasonal epidemics and pandemics and the effects on Douglas County.
PLANNING 09-02-09
The Board considered the approval of TA-06-09-09, a text amendment to Section 12-234 in the County Zoning Regulations, to give the County Commission authority to conditionally zone property in the unincorporated areas of the County. Linda Finger, Planning Resource Coordinator for Douglas County, made the presentation on this item. Sheila Stogsdill, Assistant Planning Director, was also present to respond to any questions of the Commission.
The need for this zoning text amendment evolved out of a discussion the Board had as part of the discussion of a rezoning request [Z-11-19-08] for "The Woods" Retreat & Conference facility that was before them on June 24, 2009. The representative for "The Woods" stated their client could not get financing for the scale of project proposed with approval of a Conditional Use Permit (CUP). He indicated they had approached Planning Staff with a conditional zoning request but were told that this was not possible under the County's Zoning Regulations. Requesting rezoning of the property to an appropriate business zoning that would allow for the conference center was their only other alternative to a CUP. After discussion of the alternatives, the Board tabled the rezoning request for "The Woods" and initiated an amendment to the Zoning Regulations to provide them with an additional zoning tool. The board also directed staff to initiate an amendment to add as an additional planning tool a "new district" for the purpose of future planning for projects such as conference centers, recreation, tourism, agritourism and similar unique projects in the unincorporated area.
TA-06-09-09 is the amendment initiated by the Board to create the option of conditional zoning in the Zoning Regulations. The Planning Commission held a public hearing on this item on August 24th. There was no public comment received at the meeting, but the League of Women Voters did submit a letter outlining their concerns with this type of conditional zoning. The Planning Commissioners had several questions but no discussion and recommended the text amendment on an 8-0 vote. The County Counselor has reviewed the concerns raised by the League with specific reference to K.S.A. 12-756 cited in the League's letter. Evan Ice's reading of that section places greater focus on the first part, "...Except as provided in the Zoning Regulations..." than on the later part of the same sentence, "...all such regulations shall be uniform for each class or kind of building or land uses throughout each district...." It is his opinion that the recommended language is legally supportable.
Thellman opened the item for public comment.
Milton Scott, Jr., Vice President of the League of Women Voters, read a letter that was previously sent to the Board in which they stated their opposition to the language "to limit the allowed uses". He feels the amendment allows for too much interpretation.
Matt Gough, attorney with Barber Emerson representing Rockwall Farms, stated he and his client are in favor of the conditional zoning text amendments as written. He stated that the County's proposed resolution is modeled after the City's existing ordinance, which has not caused a legal problem for the City to date.
Evan Ice, County Counselor, stated the proposal under conditional zoning is a legal alternative the County can use under Kansas statutes.
Thellman closed the public comment.
Thellman asked Sheila Stogsdill if work had begun on the board's request for a "new district." Stogsdill said the conditional zoning request was understood to be the highest priority, so work proceeded on that first. No work has been initiated on the new district. The board understood the conditional zoning request priority, but directed staff to begin work on the "new district" as soon as possible. Stogsdill said she would relay that to Scott McCullough.
Flory stated he wanted to clarify this discussion that the text amendment was prompted by an application but not meant to resolve only that situation. He stated that the County needed a mechanism to apply to unique situations like this one. He is convinced there should be a safety valve where we can exercise authority and create a district that specifically deals with a unique situation. This is a reasonable approach. He feels there should be some permanency beyond the CUP. He stated each situation will be unique and the Commission will use common sense to address each case.
Gaughan stated he trusts this Commission to review a proposal and come to a decision that makes sense. We have an opportunity to say to citizens that we're going to be able to consider development that makes sense and we have the tool to do that. He stated he understands that 20 years from now there could be concern with new commissioners. This commission will be able to make responsible decisions.
Thellman asked Sheila Stogsdill how the city has handled conditional zoning and if the use restrictions approved as part of the conditional zoning approval are temporary or permanent.
Stogsdill reviewed how the city has handled conditional zoning since it was authorized in the new Development Code adopted in 2006. She said use restrictions placed on conditional zoning are as permanent as any other zoning. These use restrictions can only be removed by going through the same public hearing process as any rezoning request g s through.
Thellman stated that her concerns with permanent conditions have been answered and she reluctantly supports the amendment. She is encouraged that the Board's request for a new district has been heard. She stresses that economic development opportunities should be balanced with the need to preserve finite natural resources but she trusts this Commission to be reasonable in its use of conditional zoning.
Flory moved to approve conditional zoning map amendments TA-06-09-09 as recommended by the Planning Commission. Motion was seconded by Gaughan and carried unanimously.
It was the consensus of the Board to direct staff to add additional language to the amendment stating that the Commission's intention is to use the new conditional zoning tool sparingly.
[Note: The resolution to adopt the text amendment TA-06-09-09 will be placed on the September 9, 2009 Consent Agenda.]
ACCOUNTS PAYABLE 09-02-09
Thellman moved to approve accounts payable in the amount of $418,638.46 paid on 08/31/09. Motion was seconded by Gaughan and carried unanimously.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried unanimously.
______________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date