Meeting Information
-Consider approval of the minutes for July 21, 2013.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) The Commission is being asked to consider the following:
1) Appoint the membership of the Douglas County Emergency Management Board;
2) Nominate the members to the State Emergency Response Commission as the Local Emergency Planning Committee for Douglas County (Teri Smith);
(c) Consider approval of a 3-party agreement with KDOT and the City of Lawrence for construction of a new K-10 interchange at Bob Billings Parkway (Keith Browning); and
(d) Consider approval of KDOT agreement for purchase of Safety Edge Sh for asphalt paver KDOT, Project No. 106 C-0484-01 (Keith Browning); and
(d) Consider approval to continue working with GFOA through the next three phases of the project: RFP development, System selection and Contract negotiations for t total cost of $57,740. (Marni Penrod)
REGULAR AGENDA
(2) CUP-13-00193: Consider a Conditional Use Permit for a private landing strip, located at 2215 N 500 Rd. Submitted by Robert and Angela Murray, property owners of record. (PC Item 4; approved 6-0 on 7/22/13) Mary Miller will present the item.
(3) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Public Comment
(d) Miscellaneous
(4) Adjourn
Gaughan called the regular meeting to order at 6:35 p.m. on Wednesday,
August 21, 2013, with all members present.
CONSENT AGENDA 08-21-13
Gaughan moved approval of the following Consent Agenda:
► Appointed membership of the 2013-2014Douglas County Emergency Management Advisory Board and Local Emergency Planning Committee Members as follows:
Functional Groups
Member
GOVERNING BODIES
Appointed by Governing Bodies
<1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Bob Newton, Appointee of Douglas County Commission
Bill Winegar, Appointee of Baldwin City Council
Bud Waugh, Appointee of Lawrence City Commission
Ken Keiter, Appointee of Eudora City Council
Wayne Riley, Appointee of Lecompton City Council
EMERGENCY SUPPORT FUNCTIONS
Agency Head and/or Appointee
Transportation ESF#1
Mike Sweeten, Lawrence Transit System/University of Kansas Transit System
Emergency Communications ESF#2
Scott Ruf, Emergency Communications Center
Public Works & Infrastructure ESF#3
Keith Browning, Douglas County Public Works
Tammy Bennett, Lawrence Public Works
Jeanette Klamm, City of Lawrence Utilities
Fire ESF#4
Will Shockley, Douglas County Fire Chief's Association
Emergency Management ESF#5
Richard Ziesenis, Lawrence/Douglas Co. Health Dept.
John Marmon, University of Kansas Public Safety
Human Services/Mass Care ESF#6
Jane Blocher, Douglas County Red Cross
Resource Management ESF #7
Lori Johns, Roger Hill Volunteer Center
Health & Medical ESF#8
Charlie Bryan, Lawrence/Douglas Co. Health Dept.
Tom Damewood, Lawrence Memorial Hospital
Search & Rescue ESF#9
Shaun Coffey, Lawrence-Douglas County Fire Medical
HazMat ESF#10
Shaun Coffey, Lawrence-Douglas County Fire Medical
Agriculture/Animals ESF#11
Midge Grinstead, State Animal Response Team
Dori Villalon, Lawrence Humane Society
Utility/Energy ESF#12
Chuck Hoag, Black Hills Energy
Stone Junod, Westar Energy
Law Enforcement ESF#13
Ken McGovern, Douglas County Sheriff
Paul Fellers, Lawrence Police Department
Greg Neis, Baldwin City Police Chief
Bill Edwards, Eudora Police Chief
Ralph Oliver, University of Kansas Public Safety Chief
Public Information ESF#15
Megan Gilliland, Lawrence Communications Manager
Chemical Preparedness
Drew Fleming, ChemTrade
Kate Grover, Hallmark Cards
Community Group
Marcia Epstein, Headquarters Counseling Center
Nicole Rials, Bert Nash Mental Health Center
Education
Ron May, Lawrence Public Schools
Don Grosdidier, Eudora Public Schools
Paul Dorathy, Baldwin City Public Schools
Mike Russell, University of Kansas
Jamison Honeycutt, Haskell Indian Nations University
Patricia Long, Baker University
Environment
Dwayne Fuhlhage, ProSoCo
Shane Munsch, ICL
Facility, Industry
J Souders, API Foils
Social Service Agency
Shannon Oury, Lawrence Housing Authority
2013-2014 Executive Committee Members
Jeanette Klamm, Chair
Shaun Coffey, Vice Chair
Nicole Rials
Ron May
Paul Fellers
► The Board nominated the members above to the State Emergency Response Commission as the Local Emergency Planning Committee for Douglas County;
► Three-party agreement with KDOT and the City of Lawrence for the construction of a new K-10 Interchange at Bob Billings Parkway.
► Agreement with KDOT stipulating Douglas County will reimburse KDOT for 10% of the purchase cost of equipment to facilitate construction of a safety edge along hot mix asphalt roads.
► Authorization to continue working with GFOA through the next three phases: RPF development, System selection and Contract negotiations at a total cost of $57,740.
Motion was seconded by Thellman and carried 3-0
PLANNING 08-21-13
The Board considered CUP-13-00193, a Conditional Use Permit for a private landing strip, located at 2215 N 500 Road. The application was submitted by Robert and Angela Murray, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented the item.
According to staff, CUP 10-13-02 was approved by the Board of County Commissioners on January 13, 2003 subject to conditions of approval and was in use until the CUP expired in 2013. The applicant requests CUP-13-00193 allow the continued use of a 60 ft X 1656 ft turf runway located at 2215 N 500 Road.
Staff recommends approval of the Conditional Use Permit for the private airstrip with a recommendation for approval based on the following findings of fact:
I. Zoning and uses of property nearby. Nearby properties are zoned A (Agricultural) and F-F (Floodway Fringe Overlay) Districts. Agriculture and rural residences are the principal land uses in the area.
II. Character of the area. The area is rural in character containing primarily residential and agricultural land uses. A private runway with limited use may be compatible with the character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is well suited for uses which are permitted within the
A District.
IV. Length of time subject property has remained vacant as zoned. The property is currently developed with a residence, outbuildings and
an airstrip.
V. Extent to which removal of restrictions will detrimentally affect nearby property. It is possible that the removal of restrictions could detrimentally affect nearby property through the placement of an airstrip in close proximity to residences which may result in safety or noise issues. As the airstrip has been in use for 10 years, public complaints would be the measure of the impacts related to noise or other features. No public complaints have been received by Zoning and Codes regarding the airstrip during its time of operation. The same restrictions related to use that applied to the previous CUP should also apply to this CUP. An FAA determination of 'no objection' or compliance with all conditions required on a 'conditional' FAA determination should be required to insure the airstrip is located appropriately relative to nearby structures.
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. If the FAA finds the airstrip acceptable there would be no public benefit from the denial of the request provided all conditions of approval required by the FAA are met prior to the release of the CUP to the Zoning and Codes Office.
VII. Conformance with the comprehensive plan. Horizon 2020 d s not directly address the issuance of CUPs but Chapter 12, Economic Development recommends that the Lawrence Municipal Airport approaches and airspace should be protected from encroachment. This proposed airstrip d s not conflict with the air space of the Lawrence Municipal Airport.
and subject to the following conditions:
1) The provision of a revised Conditional Use Site Plan with the following changes:
a. Addition of the following note: "The CUP will expire 10 years from the approval date unless an extension is requested from the County Commission before that date. If the CUP expires, the use of the airstrip will require rezoning or approval of a new CUP."
2) Federal Aviation Administration (FAA) determination of 'no objection' or a 'conditional determination' of the airstrip shall be provided to the Planning Office prior to the release of the CUP to the Zoning and Codes Office. Any conditions placed on the airstrip by the FAA must be met prior to release of the CUP to the Zoning and Codes Office.
3) Any conditions applied by the FAA in their determination will be conditions of the CUP.
Miller stated the zoning in the area is rural residential and agriculture. Property ownership letters were sent out to residents within 1,000 feet of the proposed site and no comments were received. No public comment was received at the Planning Commission meeting. The FAA must approve all airstrips with a "no objection" or "conditional determination" letter. The applicants did get a conditional determination with their previous CUP. The FAA wanted the "imaginary surfaces" (transition surface and approach surface) kept free of obstructions, though they don't regulate that. As structures are built, staff will monitor development occurring in the vicinity of the airstrip to determine if new structures extend into the surface areas. Miller said staff is waiting for the determination from the FAA so final determination is based upon their findings.
Flory asked for clarification that the Boards approval is subject to the conditions by the FAA. Miller replied that is correct. If the FAA determines the imaginary surfaces have to be kept free, staff would verify before this condition was released.
Gaughan opened the item for public comment. No comment was received.
Flory moved to approve CUP-13-00193 for a private landing strip located at 2215 N 500 Road and subject to the conditions set forth (as listed above) and approved by the Planning Commission. Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 08-21-13
Gaughan moved to approve accounts payable in the amounts of $964,437.88 to be paid on 08/22/13; and $1,084,888.73 paid on 08/15/13. Motion was seconded by Thellman and carried 3-0.
Flory moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date