Meeting Information
6:35 p.m.
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval and authorization for the Public Works Director to sign a contract in the amount of $9,461.00 with Kansas Gas Service for relocation of a gas line that conflicts with Project No. 2010-20, the reconstruction of Route 1055 (6th Street) from US-56 highway to Route 12 in Baldwin City. (Keith Browning)
REGULAR AGENDA
(2) Receive Long Range Planning 2012 Work Program. Scott McCullough will present the item.
(3) CUP-10-5-11: Consider a Conditional Use Permit for Good Earth Gatherings, a recreation facility, to provide community outreach, education, and ancillary retail sales on approximately 10.5 acres, located at 858 E 1500 Rd. Submitted by Tamara Fairbanks-Ishmael, property owner of record. (PC Item 3; approved 9-0 on 12/12/11) (Sandra Day will present the item)
(4) Approve Text Amendments, TA-3-3-10, to the joint city/county subdivision regulations in the City of Lawrence Land Development Code, Chapter 20, Article 8 and the Douglas County Code, Chapter 11, Article 1 to revise process requirements for division of property through Certificates of Survey, Minor Subdivisions and Major Subdivisions. Modifications include reformatting this article/chapter to eliminate duplicative text and to delete terminology not used. Initiated by City Commission on 2/16/10. Re-initiated by Planning Commission on 5/23/11. Deferred by Planning Commission on 10/26/11. Adopt Joint City Ordinance No. 8690/County Resolution for Text Amendments (TA-3-3-10) to the joint city/county subdivision regulations in the City of Lawrence Land Development Code, Chapter 20, Article 8 and the Douglas County Code, Chapter 11, Article 1 to revise process requirements for division of property through Certificates of Survey, Minor Subdivisions and Major Subdivisions. (PC Item 6; approved 8-0-1 on 12/12/11) Sheila Stogsdill will present the item.
(5) Consider approval of 2012 Legislative Policy Statement for Douglas County (Craig Weinaug)
(6) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Building Code Board of Appeals - vacancy
Lawrence-Douglas County Advocacy Council on Aging - vacancy
Douglas County Community Corrections Advisory Board - 12/2011
Douglas County Senior Services, Inc. Board of Directors - 12/2011
Jayhawk Area Agency on Aging Tri-County Advisory Council - vacancy
(d) Public Comment
(c) Miscellaneous
(7) Adjourn
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, January 4, 2012 with all members present.
CONSENT AGENDA 01-04-12
Flory moved approval of the following Consent Agenda:
► Commission Order No. 12-001(on file in the office of the Clerk); and
► Approval and authorization for the Public Works Director to sign a contract in the amount of $9,461.00 with Kansas Gas Service for relocation of a gas line that conflicts with Project No. 2010-20, the reconstruction of Route 1055 (6th Street) from US-56 highway to Route 12 in Baldwin City.
Motion was seconded by Gaughan and carried 3-0.
2012 WORK PROGRAM 01-04-12
Scott McCullough, Lawrence-Douglas County Metropolitan Planning Director, made a presentation to the Board on the status of the 2011 projects completed and still in progress; and long-range planning for 2012.
Gaughan asked the status of the ongoing discussion for new industrial zoning categories. McCullough stated meetings have been scheduled for the Planning Commission to hear the revised text amendment. They are looking at creating a district between IL and IG, an Industrial Medium district that d sn't have the intense industrial uses of IG and commercial of IL.
Gaughan moved to approve the 2012 Work Plan. Motion was seconded by Thellman and carried 3-0.
PLANNING 01-04-12
The Board considered CUP-10-5-11, a Conditional Use Permit for Good Earth Gatherings, a recreation facility to provide community outreach, education, and ancillary retail sales on approximately 10.5 acres, located at 858 E 1500 Road. The application was submitted by Tamara Fairbanks-Ishmael, property owner of record. The item was approved by the Planning Commission on a
9-0 vote with conditions on December 12, 2011. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, will present the item.
Staff findings are as follows:
I. Zoning and uses of property nearby. The area is rural and zoned A (agricultural). Surrounding uses are predominantly residential. The proposed request will not alter the base zoning or land use of the area.
II. Character of the area. The defining characteristic of the area is rural residential homes located along the County roads. The proposed use is consistent with the rural character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for a residential use with a home occupation that includes a limited retail element. The overall space dedicated to retails sales is clearly subordinate and accessory to the home occupation activity. The proposed retail use as a Conditional Use is suitable for this property.
IV. Length of time subject property has remained vacant as zoned. The subject property is developed as a residential use. The County Zoning Regulations were adopted in 1966.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The significant concern generated by this request is the potential for trespass to private property and clarification in the application and operation of the use involving the lake. The addition of conditions that prohibit the use as part of the home occupation will ensure that detrimental effects are circumvented. The proposed use as described in the applicant's Business. Profile d s not propose detrimental impacts to the surrounding area.
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 this request d s not directly harm the public health, safety and welfare. Denial of the request limits the scope of the business for this site.
VII. Conformance with the comprehensive plan. A conditional use permit can be used to allow specific uses that are not permitted in a zoning district with the approval of a site plan. This tool allows development to occur in harmony with the surrounding area and to address specific land use concerns.
There was discussion that a concerned neighbor questioned the expansion of the classes and setting limits on the number of classes that could be held. Flory suggested adding a condition that set a limit to the number of activities or days for activities.
Flory opened the item for public comment. No comment was received.
Flory moved to approve CUP-10-5-11 for Good Earth Gatherings recreation facility with the following conditions :
1. Provision of a revised site plan to include the following notes
2. Use of the lake for public, business, commercial, and recreation activities associated with the home occupation is prohibited.
3. Class size shall be limited to not more than 12 students and 1 instructor.
4. No more than one class shall be conducted/offered at a time.
And an additional condition limiting activities to 15 classes per month and six open business days to the permit. Motion was seconded by Gaughan and carried 3-0.
PLANNING 01-04-12
The Board considered approval of Text Amendments, TA-3-3-10, to the joint city/county subdivision regulations in the City of Lawrence Land Development Code, Chapter 20, Article 8 and the Douglas County Code, Chapter 11, Article 1 to revise process requirements for division of property through Certificates of Survey, Minor Subdivisions and Major Subdivisions. Modifications include reformatting this article/chapter to eliminate duplicative text and to delete terminology not used. Initiated by City Commission on 2/16/10. Re-initiated by Planning Commission on 5/23/11. Deferred by Planning Commission on 10/26/11. Adopt Joint City Ordinance No. 8690/County Resolution 12-01 for Text Amendments (TA-3-3-10) to the joint city/county subdivision regulations in the City of Lawrence Land Development Code, Chapter 20, Article 8 and the Douglas County Code, Chapter 11, Article 1 to revise process requirements for division of property through Certificates of Survey, Minor Subdivisions and Major Subdivisions. The item was approved by the Planning Commission with an 8-0-1 vote on December 12, 2011. Sheila Stogsdill, Lawrence-Douglas County Metropolitan Planning Commission, presented the item.
Flory opened the item for public comment. No comment was received.
Flory moved to adopt Joint Ordinance No. 8690 of the City of Lawrence /County Resolution No. 12-01 of the Board of County Commissioners of Douglas County, Kansas, amending Chapter 20, Article 8 of the Code of the City of Lawrence, Kansas, 2012 Edition, and amendments thereto, and Chapter 11, Article 1 of the Code of Douglas County, Kansas, and amendments thereto, pertaining to subdivision regulations, by adopting and incorporating by reference "Subdivision Regulations for Lawrence and Unincorporated areas of Douglas County, Kansas, January 10, 2012, Editions," and repealing the existing articles and sections. Motion was seconded by Thellman and carried 3-0.
LEGISLATIVE STATEMENT 01-04-12
Flory moved approval of 2012 Legislative Policy Statement for Douglas County medium version. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 01-04-12
Flory moved to approve accounts payable in the amounts of $710,364.92 to be paid on 12/29/11 and $393,324.35 to be paid on 01/05/12; and a manual check in the amount of $3,084.00 paid on 12/30/11. Motion was seconded by Gaughan and carried 3-0.
Flory 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