Meeting Information
WEDNESDAY, NOVEMBER 17, 2010
6:35 p.m.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval of contract for consulting engineering services for Project No. 2010-20, Route 1055 (6th street) reconstruction from US-56 highway to Route 12 in Baldwin City (Keith Browning)
(c) Consider acquisition of right of way for culvert No. 6.05N-8.00E, Project No. 2010-22. (Michael Kelly); and
(d) Consider approval of the 2010-2011 Snow & Ice Control Manual (Keith Browning)
REGULAR AGENDA
(2) Presentation on Energy Efficiency Challenge for the City of Lawrence (Eileen Horn)-No back up
(3) Receive recommendation regarding annexation, A-9-3-10, of approximately 51.13 acres located at the southwest corner of N 1800 Road (Farmer's Turnpike) and E 1000 Road (Queens Road Extended) and consider Resolution No. 6910 requesting that the Board of County Commissioners make the statutory finding as to whether the proposed annexation would not hinder or prevent the proper growth or development of the area or of any other incorporated city. Submitted by Venture Properties, Inc., property owner of record. (PC Item 6A; approved 8-0 on 10/27/10) Sandra Day is the Planner.
(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, November 17, 2010 with all members present.
CONSENT AGENDA 11-17-10
Thellman moved approval of the following Consent Agenda:
► Contract with Bartlett & West Engineers, Inc. for engineering design services at a not-to-exceed cost of $316,800 for Project No. 2010-20, the reconstruction of Route 1055 (6th Street) from US-56 highway to Route 12;
► Contract for Highway Purposes for an acquisition of easement for Drainage Structure No. 6.05N - 8.00E for Mike E. and Dorothy Flory, 6572 Charles Street, Shawnee, Kansas, Road No. 175 Route 1039 (E800 Rd); Project No. 2010-22, Tract No. 2; and
► 2010-2011 Snow & Ice Control Manual for the Public Works Department.
Motion was seconded by Gaughan and carried 3-0.
SUSTAINABILITY PRESENTATION 11-17-10
Eileen Horn, Sustainability Coordinator, made a presentation on the Energy Efficiency Challenge for the City of Lawrence. The competition engages 16 Kansas towns with their goal to reduce energy use by enrolling in programs offered by the Kansas Energy Office and Westar Energy. The challenge runs from January through October 2011.
PLANNING/ANNEXATION 11-17-10
The Board considered a request from the Lawrence City Commission to make a statutory finding as to whether the proposed annexation of approximately 51.15 acres located at the southwest corner of N 1800 Road (Farmer's Turnpike) and E 1000 Road (Queens Road Extended), would not hinder or prevent the proper growth or development of the area or of any other incorporated city.
The application was submitted by Venture Properties, Inc., the property owner of record. The item was heard by the Planning Commission on October 27, 2010 and was approved on an 8-0 vote. The subject property is not adjacent or contiguous to the City's boundaries. Because it is not contiguous to the City, the land may be annexed pursuant to K.S.A. 12-520c under three conditions: 1) the land is located in the same county as the city which is annexing the land, 2) the owner requests or consents to annexation, and 3) the Board of County Commissioners finds and determines the annexation "will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county."
Staff recommends the City and County Commission find that the annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County and that the annexation is compatible with Horizon 2020 and the K-10 and Farmer's Turnpike Plan.
Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item giving a history of the submittal process. Day stated is it not unusual to see an annexation submitted with a rezoning. She discussed the subject property and how it relates to the surrounding area. It is clearly in the Urban Growth Area of Lawrence and outside the three-mile radius of Lecompton. In the long-range plan for the Farmer's Turnpike, the property relates to the proposed land use. Day stated Staff recommended to the City Commission approval of the annexation subject to the following conditions:
1) Building permit may be issued for the property if the City of Lawrence reasonably determines that either City water or City sanitary sewer service is not required to serve the use or uses on the property, the uses being those that can be served by rural water or on-site sanitary sewer management systems (including, but not limited to sewage storage tanks.)
2) The applicant shall execute an agreement not to protest the future annexation of any adjacent rights of way or roadway easements.
Day stated the action by the Board this evening is related to the finding being requested. Flory asked for clarification that the City Commission's function on November 9 was to determine whether to send the request to the County Commission to determine if the annexation "will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county." They made no annexation or zoning decision. That will come later if a determination is made by this body that the annexation will not hinder development. Day stated that is correct.
Thellman asked for clarification of what "the area" means in the determination. Scott McCullough, Planning Director, provided an explanation that the statute was originally written to set the County Commission up as the governmental body that would decide which city in a county that a parcel should eventually be a part of, whenever there was a dispute between cities on annexation proposals. An example of such a dispute would be, if Lawrence would want to annex a parcel of property that would be better served by Lecompton infrastructure, which might hinder Lecompton's growth and development.
Jane Eldredge, representing the applicant, made a presentation to the Board showing location photos on the overhead. She discussed the goal of the comprehensive plan, which identified new industrial areas and provides individual site analysis including the I-70, K-10 and Farmer's Turnpike area. The plan intends for there to be approximately 540 acres of industrial and office research uses in the area. The Sector Plan contains 4,075 acres. This site is clearly within the UGA. The most important demographic feature of the site is transportation access. There are only three accesses to I-70 in Douglas County. At one time, Grant Township was considered for industrial sites. But, due to its Class I soils, industrial use has been limited to aviation uses. The proximity to transportation is unique to industrial usage. This site has already been pre-identified as an industrial site in Transportation 2030, and Horizon 2020
Eldredge also showed maps pinpointing industrial areas adopted into the Sector Plan. She discussed the City standards for zoning as being more stringent than in the County, and the City d sn't have a wide selection of industrial sites to offer. She asked the Commission to consider making the finding that the annexation "will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county."
Gaughan asked why the applicant plans to pursue a zoning request through the City and not the County. Eldredge responded we anticipate the day will come when municipal services may be required for this area. To plan now for the future, the plan anticipates that municipal utility infrastructure will be needed along this corridor to support the industrial land use that is designated by Horizon 2020. The city is the only entity that can provide that type of infrastructure and therefore, for the property to develop as anticipated by Horizon 2020, it must be annexed by the City of Lawrence at some point. She stated, we are following the planning process.
Flory asked if the general principle is the Comprehensive Plan encourages city annexation and city services, and discourages industrial development in the unincorporated area. McCullough agreed. Eldredge stated Horizon 2020 also allows uses that can be served with current existing rural structures.
Thellman asked what a "development ready site" looks like. Eldredge responded that site would be zoned, annexed, in the future would have municipal facilities, has basic dirt work, entrances and exits are identified to be ready to be site planned. Thellman asked if the extension of municipal water and sewer is mandatory. Eldredge stated it's not mandatory. Thellman then asked if the property could be annexed into the city and supported by rural system. Eldredge replied it could ,depending on the use. However, when the whole corridor is developed, she would be surprised if the land could be supported by rural utilities.
Thellman opened the item for public comment.
David Ross, President of the Scenic Riverway Community Association, made a power point presentation to the Board. He stated his concern is how the industrial will affect the property values of 61 homes in the area. He believes I-G zoning is incompatible with residential areas and annexation will hinder existing residential development in the area, and that industrial annexation in this area will affect employment growth in other areas of the City.
Marguerite Ermeling, representing the Scenic Riverway Community Association, stated concerns that rezoning to I-G would set a precedent in area and result in undesired development across from existing residential development. Development without urban services will create hardships on nearby property. She feels manufacturing jobs are declining so expansion for industrial in this area is unnecessary.
Jim Haines, representing the Scenic Riverway Community Association, stated he feels the sector plan should not be viewed as set in concrete. He is opposed to I-G zoning among residential zoning. He feels annexation will hinder the development in the area.
Kirk McClure, KU Professor of Planning, stated we are not going to see a need for increased industrial space in the near future. Lawrence has more than an ample supply of industrial sites. He is against sprawl and opposes the annexation.
Elizabeth Hatchett, 220 Deerfield Lane, compared this proposal to the Tanger Mall, which is not in use. She stated we are not using the buildings we already have. We need to take care of our farm land because it's the best in the world. She is against the annexation.
Tom Kern, President of the Lawrence Chamber of Commerce, described areas that are available for industrial use in Lawrence/Douglas County area. Site selectors are seeking industrial sites with I-70 access, in which we are limited. In the past 90 days, we have seen two industrial/manufacturing firms come before the Planning Commission, Berry Plastics and Plastikon, which have the potential of adding several hundred manufacturing jobs. As far as utilities are concerned, the applicant will drive the type of utilities that will be necessary for the site. Until use is defined, it is difficult to determine what type of services is necessary. Kern stated the applicant is trying to follow the comprehensive plan, which is the guide book that was approved by the Planning Commission. He feels the development community should be able to rely on a plan and not have it opened up to a different determination every time an item comes forward for approval. He asked the Board to approve the request.
Thellman asked Kern to define the term "pad ready." She also asked Kern why some companies have preferred to locate in Topeka rather than Lawrence. Kern responded in his opinion, pad ready is property that is zoned and available for allowable use and has utilities already available or in close proximity. The applicant or prospect will drive whether rural utilities are sufficient or there is a need for city utilities. Our challenge to the west is an aggressive community with 1,000 acres of industrial park with utilities provided for free and aggressive tax abatement offers. We compete against Topeka and access to the Interstate plays a big part.
Flory asked if this annexation would interfere with existing sites. Kern stated he feels industrial along I-70 will not interfere with Farmland because Farmland will utilize industrial uses that are not transportation focused. Flory asked if this annexation will prevent the orderly industrial development in Lawrence. Kern stated "no."
Price Banks, attorney for Kaw Drainage District, stated he has been a professional planner for 42 years. His concern is industrial urban sprawl will substantially increase impervious surface causing storm water runoff into the Baldwin Creek. He asked for a drainage study to be done for western Douglas County, which would take about a year. According to Banks, once the problem crosses the City limits, it's not their problem anymore. He feels creating flooding conditions hinders proper growth of those downstream. Flory asked if it is the Kaw Drainage District position that we should not develop anything west of Lawrence before doing a drainage study. Banks replied that it is the Kaw Drainage District's position that large acreages should not be developed before a drainage study is completed.
Thellman said it was her understanding that a watershed study is not used to prohibit development, but to help plan development. Bank stated that is right, a drainage study would be used to facilitate development.
Flory asked if the regulations related to storm water in the City are stricter than the County regulations. McCullough responded, "Yes, they are."
Thellman called a 10 minute recess.
The Board reconvened at 8:12 p.m.
Jim Baggett, 1852 E 950 Rd, said the subject property was terraced for agriculture use which holds back a lot of water. He is concerned about runoff affecting land on the south side of K-70.
Gwen Klingenberg, 4900 Colonial Way, stated she is against expanding infrastructure, particularly for spot annexation. She would like to see the applicant request another zoning rather than I-G, as I-G zoning would allow for heavy industrial or manufacturing business that could be a safety issue for the neighbors.
Sarina Farb, 1958 E 850 Rd, stated she is against the annexation and rezoning.
JoAnn Farb, 1958 E 850 Rd, stated five years ago there was no sector map to show expansion and she built a house in the area. She feels the County's responsibility is to all of us tax payers because they are responsible for the infrastructure costs.
Rick Stein, 963 N. 1950 Rd, stated he is in opposition of the annexation. His objection is based on not knowing the cost of the annexation. He hopes there will be a study to indicate cost before development.
Greg Burger, 1847 E 800 Rd, stated he was not invited to a meeting to discuss the development of the Sector Plan. He is concerned industrial development near his property will decrease his property value.
Frank Male, 2710 Montrose Circle, urged the Board to approve the annexation and zoning. As a small business owner, he feels the industrial development will bring more employers to Douglas County.
Hank Booth, Lawrence Chamber of Commerce, stated the issue tonight is not zoning, but whether annexation will hinder area growth and development. The City will be more restrictive than the County if the property is annexed. Booth also stated the 51 acre subject property is not going to cause the demise of the watershed across the river. We do need a study because of the City and the western growth, but not because of this one site. Booth asked the Board to find that the annexation would not hinder growth and development area as we do not have any locations even close to this type of industrial site to compete against other cities for new business.
Eldredge stated we have a specific Sector Plan for this subject area and its controlling language needs to take precedence. The Sector plan was developed with input from about 400 people and was approved by the County Commission less than three months ago by a 3-0 vote.
Flory stated if the BOCC finds the annexation will not hinder the growth and development of the area, it is up to the City Commission to decide if they wish to annex the property, as well as, zone and what classification to zone. The property owner has requested I-G, but that d sn't mean the City will agree to I-G. Eldredge stated that is correct. And, because this annexation is voluntary on the property owner's part, the City d s not have to provide services to the site.
Thellman closed the public comment.
Exparte Communications Declared by Commissioners:
Thellman stated prior to tonight's meeting, she met with representatives of the Scenic Riverway Community Association; Steve Schwada, property owner and Jane Eldredge; Price Banks, representing the Drainage District; and Tom Kern, Lawrence Chamber of Commerce; regarding information on the subject property.
Flory stated he met with or had phone conversations with the Scenic Riverway Community Association, Steve Schwada, Jane Eldredge and Hank Booth with the Chamber of Commerce.
Gaughan stated he met with the neighborhood group, Tom Kern, and had a phone call from Jane Eldredge to set up a meeting. He stated he would like to follow through with that meeting.
It was the consensus of the Board to defer this item to the December 1, 2010 meeting, extending the public hearing.
ACCOUNTS PAYABLE 11-17-10
Thellman moved to approve accounts payable in the amount of $315,509.36 to be paid on 11/18/10; and wire transfers in the amounts of $36.00 and $72.00 paid on 11-17-10. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 11-17-10
Thellman moved to appoint Lisa Hallberg, Lawrence, Kansas, to the Lawrence/Douglas County Bicycle Advisory Committee for a three-year term to expire 12/31/2013. Motion was seconded by Flory and carried 3-0.
MISCELLANEOUS 11-17-10
Craig Weinaug, County Administrator, announced the position of the Assistant County Administrator has been has been awarded to Sarah Plinsky of Lawrence, Kansas. Her starting date is December 13, 2010.
Flory moved to approve Sarah Plinsky's pay rate of $90,000.00. Motion was seconded by Thellman and carried 3-0.
Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0.
_________________________ ____________________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
________________________ ___________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date