Meeting Information
6:35 p.m.
Amended Agenda
CONSENT AGENDA
(1)(a) Consider approval of Commission Orders;
(b) Consider authorization for the Public Works Director to approve purchase of a precast concrete culvert from Oldcastle Precast at a cost of $69,350.00 for installation at 00.78N-05.50E (Keith Browning); and
(c) Consideration of a Resolution to reallocate to the City of Lawrence $11.7 million in Recovery Zone Bonds previously allocated to Douglas County pursuant to American Recovery and Reinvestment Act of 2009 (Roger Zalneraitis)
REGULAR AGENDA
(2) Discussion of the letter on behalf of the advocates for "Outside for a Better Inside"(John McGrew)
(3) Consider approving resolution establishing a 45-mph speed limit on Route 1061 from N 300 Road to N 600 Road (Keith Browning)
(4) Consider approval of Conditional Use Permit CUP-3-2-10 for accessory uses such as outdoor weddings, picnicking, and outdoor music, with the Bluejacket Crossing Winery, approximately 20 acres, located at 1969 N 1250 Rd, Eudora. Submitted by Kandaya Selvan, property owner of record. (PC Item 8; approved 9-0 on 5/26/10) (Mary Miller is the Planner)
(5) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(6) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, June 23, 2010 with all members present.
CONSENT AGENDA 06-23-10
Thellman moved approval of the following Consent Agenda:
► Authorization for the Public Works Director to approve the purchase of a 16' span X 10' high X 50' long precast concrete culvert from Oldcastle Precast at a cost of $69,350.00 for installation at 00.78N-05.50E;
► Reallocation Agreement with the City of Lawrence to reallocate to the City the authority to issue Recovery Zone facility bonds in the principal amount not to exceed $11,700,000 for the Berry Plastics project.
► Acknowledgment of fee reports for April and May 2010.
Motion was seconded by Gaughan and carried 3-0.
MISCELLANEOUS/COMMUNITY 06-23-10
Johns McGrew and Phil Struble, advocates for "Outside for a Better Inside" asked the Board to consider joining efforts with the City Commission and School District to pursue establishing an area in Lawrence where families can reconnect with nature and the outdoors. McGrew suggested the program could use the property owned by the City of Lawrence near County Road E1700 and N1300, which abuts property owned by the School District. He believes there are federal government programs and foundations that will assist in funding a community fish pond, walking trail made of recycled materials, ball fields and other spaces for outdoor play. At this time, McGrew and Struble were only asking the Board to consider supporting the cause by allowing Planning Staff to study the property or another location they feel is more appropriate. They would like to see an interlocal agreement between the County/City/School District set up to study the property.
The Board discussed the possibility of setting up a committee with representatives from the "Outside", the City and County Commissions and school district to collaborate on the project. The entities that own the land will play a huge part in any decisions. It was the consensus that the Board was in favor of supporting a study on the project, but not ready to support a formal interlocal agreement.
Flory moved to approve the concept of a study for an "Outside for a Better Inside" initiative. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 06-23-10
Keith Browning, Director of Public Works, asked the Board to consider the approval of a resolution establishing a 45-mph speed limit on Route 1061 (E2200 Road) from N 300 Road to N 600 Road. In February 2010, a petition was submitted from Tricia Crowe, signed by 21 property owners living in the vicinity of Route 1061 between N400 Road and N 500 Road, requesting a speed reduction from 55 mph to 40-45 mph along this route. The Public Works department studied the location and found the 85th percentile speeds indicated the existing 55 mph speed limit is appropriate, but the road's vertical alignment is less then appropriate for 55 mph causing limited sight distance.
The department recommends the speed limit be reduced to 45 mph and for the installation of "LIMITED SIGHT DISTANCE" warning signs with 40 mph advisory plated for the one-mile segment between N 400 Road and N 500 Road. Browning stated the measured speed average along this stretch of road is 59 mph, which is not appropriate for this span of road.
Thellman opened the item for public comment. No comment was received.
After discussion, Thellman moved to approve Resolution 10-15, establishing a 45 miles per hour maximum speed limit on a portion of County Route 1061 (E 2200 Road) from N 300 Road to N 600 Road in Palmyra Township. Motion was seconded by Gaughan and carried 3-0.
PLANNING 06-23-10
The Board considered the approval of CUP-3-2-10, a Conditional Use Permit, for accessory uses such as outdoor weddings, picnicking, and live music events, at the Bluejacket Crossing Winery located at 1969 N 1250 Road southwest of Eudora. The property is approximately 20 acres. The application was submitted by Kandaya Selvan, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Miller stated the applicant plans to have eight live music events per year at the current location, but plans to move the event area to the east side of the property within 5 years to an area more secluded from the neighbors. The maximum number of guests per event would be 150 people. The neighbor to the west, Mr. Richard Huggins, is concerned about the dust caused from increased traffic because his house sits close to the road and is also concerned about the noise.
Kandaya "Pep" Selvan, applicant, stated he is planning a new 8,000 square foot facility on the east side of the property to allow for events that can encompass amplified music. He is presently limited to eight live music events with no amplified music at the present location. He would like to extend the number of allowed events since the events would conclude early in the evening.
The Board discussed amplified live music as being excluded by conditions of the CUP, but not amplified voices. Under the conditions live music events are limited to eight, with no amplification on the west side of the applicant's property.
Thellman opened the item for public comment. No comment was received.
Flory stated it is hard for him to balance what the applicant wants to do with his property and sympathize with others who have moved to area zoned agriculture. It seems the applicant has really tried to help that balance by limiting his proposed activities which cuts down traffic on the country roads, agreeing to no amplified live music events to help to cut down the noise and eventually moving the location of the events to the eastern portion of his property. Flory is concerned with the request from the applicant to add more events.
Selvan stated the winery is considered an agricultural activity as dictated by state winery regulations, which allows for unlimited space and traffic to the winery. Once an event is not related directly to the winery it is governed differently by the county. The area is changing with new residences cropping up with a new housing subdivision just 1.5 miles from 1250 Road. We need to find a balance and be reasonable about the type of transition the area is making. Flory stated the property owners are not just looking at Selvan's request, but they have a fear of what will branch out from this CUP. We have to be careful not to authorize something beyond what is anticipated. Selvan replied that he finds the conditions of the CUP conservative which forces him to be responsible for his actions if he wishes to continue the CUP after the five year review.
Flory asked if the applicant is willing to consider providing dust palliative application to the curve. Selvan replied he is open to the idea and would consider providing a limited palliative application at this time.
Thellman stated she feels good about the reasonable conditions on the CUP and the effort made to accommodate the neighbor's concerns.
Gaughan stated he is supportive of the CUP.
Thellman moved to approve CUP 3-2-10 for Bluejacket Crossing Winery with the following conditions:
1) The provision of a revised site plan with the following changes:
a) Addition of a note which states "The permit will be administratively reviewed by the County in every 5 years (Calendar Year 2015, 2020, 2025, 2030)".
b) Addition of a note which states "The permit will expire at the end of 20 years (July 1, 2030), unless an application for renewal is approved by the local governing body."
c) Addition of a note which states "The event area will be moved to the eastern location within 5 years of approval."
d) Addition of a note which states "Events will typically occur on Saturdays, although Friday and Sunday events may be permitted. Up to 8 live music events may occur per calendar year. These events will conclude by 8:30 PM and the clean-up will be completed by 10 PM. Maximum attendance at live music events is 150."
e) Addition of a note which states "No parking will be permitted on N 1250 Road."
f) Addition of a note which states "No electric amplification of music in current location."
g) Addition of a note which states "The parking area will be surfaced with gravel and the ADA accessible parking spaces will be paved. The ADA accessible parking space will be constructed to meet ADAAG (American with Disabilities Act Accessibility Guidelines) requirements, including signage."
h) The second access shall be located per the County Engineer's approval.
i) Landscaping shall be added to include evergreen trees and shrubs along west property to screen activity area from residence to the west.
j) The parking space dimensions shall be noted on the plan.
k) The capacity of the overflow parking area shall be noted on the plan.
l) A parking summary which notes the number of parking spaces required per Code, and the amount of parking provided shall be included on the site plan.
m) Both the event area being proposed at this time and the future event area shall be shown on one plan along with a proposed phasing schedule.
n) Addition of a note on the plan which states: "A revised site plan showing the details of the future event area and any associated parking would return for Staff approval prior to construction of the future event area."
o) Additional measures being used to buffer the property to the west shall be noted on the plan (orientation of music, use of farm vehicles, etc)
p) Note added to the plan which states that chemical toilets may be used for the first year, at a rate of 1 toilet per 100 attendees. Any use of chemical toilets past the first year would require approval of the County Health Official.
2) Permits secured from the Douglas County Health Department for new septic system, if applicable.
3) Approval of an entrance permit for the new driveway from Eudora Township.
4) Chemical toilets may be used for the first year of the CUP to allow the applicant to determine if the events are successful.
5) When the plans are combined, Note No. 1 regarding RV parking spaces should be removed.
Motion was seconded by Gaughan and carried 2-0-1 with Flory abstaining.
ACCOUNTS PAYABLE 06-23-10
Thellman moved approval of accounts payable in the amount of $292,254.98 to be paid on 06/24/10; payroll in the amounts of $783,320.14 paid on 06/18/10 and $225.12 paid on 06/18/10; KPERS in the amount of $68,006.00 paid on 06/18/10; and FICA in the amount of $57,725.53 paid on 06/18/10. Motion was seconded by Gaughan and carried 3-0.
MISCELLANEOUS 06-23-10
Thellman stated there may be an upcoming discussion on noxious weed spraying affecting specialty crop growers.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date