Meeting Information
WEDNESDAY, MAY 7, 2014
6:35 p.m.
-Proclamation for “Builder Safety Month” (Jim Sherman)
-Proclamation for the month of May 2014 as “BIKE MONTH” and also proclaim the week of May 12-16, 2014 as “Bike-To-Work Week” in Douglas County, Kansas (Jessica Mortinger)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider approval of a revised Agreement between the Federal Highway Administration and
Douglas County for Project No. 2012-14, Route 458 improvements from E 1050 to US-59 highway
including a polymer concrete deck overlay for Bridge No. 12.00N-11.30E. (Keith Browning)
(3) CUP-13-00480: Consider a Conditional Use Permit for a 60 meter (196’) meteorological tower to monitor and collect wind data located east of the corner of N 400 Rd & E 1000 Rd and on the south side of N 400 Rd. Submitted by Tower Associates, for Donald & Jane Schwartz, property owners of record. Sandra Day will present the item.
(4) CUP-14-00002: Consider a Conditional Use Permit for a 60 meter (196’) meteorological tower to monitor and collect wind data located between E 400 and E 450 Roads and north of N 300 Road. Submitted by Tower Associates LLC on behalf of Charles and Doris Fawl, property owners of record. Sandra Day will present the item.
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
Bert Nash Community Health Center Board of Directors (2) expire 04/2014
Douglas County Senior Services Board of Directors – (1) vacancy 04/2014
Heritage Conservation Council (3) positions expire 05/31/2014
Jayhawk Area Agency on Aging Board of Directors – (2) vacancies
Jayhawk Area Agency on Aging Tri-County Advisory Council – (2) vacancies
(c) Public Comment
(d) Miscellaneous
(6) Adjourn
May 7, 2014
Thellman called the regular meeting to order at 6:35 p.m. on Wednesday, May 7, 2014, with all members present.
PROCLAMATION 05-07-14
Thellman moved to approve a proclamation declaring May 2014 as “Builder Safety Month.” Motion was seconded by Gaughan and carried 3-0.
PROCLAMATION 05-07-14
Thellman moved to approve a proclamation affirming May 2014 as “Bike Month” in Douglas County; and May 12-16, 2014 as “Bike-to-Work Week.” Motion was seconded by Flory and carried 3-0.
AGENDA 05-07-14
Thellman moved approval of the following Consent Agenda:
- Commission Order Nos.14-021 and 14-022 (on file in the office of
the Clerk);
Motion was seconded by Gaughan and carried 3-0.
PUBLIC WORKS 05-07-14
Flory moved to approve a revised agreement between the Federal Highway Administration and Douglas County for Project No. 2012-14, Route 458 improvements from E 1050 to US-59 highway including a polymer concrete deck overlay for Bridge No. 12.00N-11.30E. Motion was seconded by Gaughan and carried 3-0.
PLANNING/METEOROLOGICAL TOWER 05-07-14
The County Commission considered CUP-13-00480, a Conditional Use Permit for a 60 meter (196’) meteorological tower to monitor and collect wind data located east of the corner of N 400 Road & E 1000 Road and on the south side of N 400 Road. The application was submitted by Tower Associates, for Donald and Jane Schwartz, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the Conditional Use Permit for the meteorological tower based on the following findings of fact:
I. Zoning and uses of property. Nearby properties are zoned A (Agricultural) and contain a mix or rural residential and agricultural land uses. The proposed tower would be located in a recommended district.
II. Character of the area. The area is rural in nature, with agricultural lands, and residential homes along County roads.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses. A Conditional Use Permit (CUP) d s not change the underlying zoning; therefore, the suitability of the property for agricultural uses will not be altered.
IV. Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) since the adoption of the zoning in 1966.
V. Extend to which removal of restrictions will detrimentally affect nearby property. Given the non-permanent nature of the structure there should be no detrimental effect on surrounding property.
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 the request will facilitate the applicant’s assessment of wind energy as developable resource in Douglas County. The structure in non-permanent and d s not guarantee the approval of a future application for a “wind farm.” There is no substantial gain or loss to the public that result from the approval of this request.
VII. Conformance with the comprehensive plan. The comprehensive plan d s not provide any specific land use recommendations regarding wind energy. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.
And subject to the following conditions:
1) Approval of the Conditional Use Permit shall be limited to 6 years from the date of the County Commission approval. Any extension of the time limit shall be allowed only per written request from the applicant and approval for extension by the County Commission following public notice.
2) The provision of a revised site plan that adds the following notes to the face of the drawing:
a) “A sign shall be posted on the tower or the exterior fence around the base of the tower with the name and telephone number of the tower owner/operator.”
b) “Use of this tower shall be limited to meteorological equipment only and will not be allowed for use by telecommunication providers.”
c) “This tower will be removed at the end of the Conditional Use Permit approval period.
d) “A change of ownership of the tower shall require a new Conditional Use Permit and public hearing at the Planning Commission.” This will allow review of the intended use of the tower and public notice of the proposed change.
Thellman opened the item for public comment. No comment was received.
Gaughan asked if the information about proposed regulations and standards was included was provided by Nextra. Day replied the data was provided to Linda Finger, Planning Coordinator, to help her in drafting amendments to the Zoning Regulations.
Flory said it appeared to him the landowner is responsible for removing the towers. Day said that is true. There is a lease agreement. However, the applicant in this case will be the one removing this equipment. The landowner grants a third party the authority to execute the application.
Thellman moved to approve CUP-13-00480, a conditional use permit for the Meteorological tower to monitor and collect wind data at a location east of the corner of N 400 Road and E 1000 Road with the above listed conditions. Motion was seconded Gaughan and carried 3-0.
PLANNING/METEOROLOGICAL TOWER 05-07-14
The County Commission considered CUP-14-00002, a Conditional Use Permit for a 60 meter (196’) meteorological tower to monitor and collect wind data located between E 400 and E 450 Roads and north of N 300 Road. The application was submitted by Tower Associates LLC on behalf of Charles and Doris Fawl, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the Conditional Use Permit for the meteorological tower based on the following findings of fact:
I. Zoning and uses of property. Nearby properties are zoned A (Agricultural) and contain a mix or rural residential and agricultural land uses. The proposed tower would be located in a recommended district.
II. Character of the area. The area is rural in nature, with agricultural lands, and residential homes along County roads
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for agricultural uses. A Conditional Use Permit (CUP) d s not change the underlying zoning; therefore, the suitability of the property for agricultural uses will not be altered.
IV. Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) since the adoption of the zoning in 1966.
V. Extend to which removal of restrictions will detrimentally affect nearby property. Given the non-permanent nature of the structure there should be no detrimental effect on surrounding property.
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 the request will facilitate the applicant’s assessment of wind energy as developable resource in Douglas County. The structure in non-permanent and d s not guarantee the approval of a future application for a “wind farm.” There is no substantial gain or loss to the public that result from the approval of this request.
VII. Conformance with the comprehensive plan. The comprehensive plan d s not provide any specific land use recommendations regarding wind energy. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with the Comprehensive Plan.
And subject to the following conditions:
1) Approval of the Conditional Use Permit shall be limited to 6 years from the date of the County Commission approval. Any extension of the time limit shall be allowed only per written request from the applicant and approval for extension by the County Commission following public notice.
2) The provision of a revised site plan that adds the following notes to the face of the drawing:
a) “A sign shall be posted on the tower or the exterior fence around the base of the tower with the name and telephone number of the tower owner/operator.”
b) “Use of this tower shall be limited to meteorological equipment only and will not be allowed for use by telecommunication providers.”
c) “This tower will be removed at the end of the Conditional Use Permit approval period.
d) “A change of ownership of the tower shall require a new Conditional Use Permit and public hearing at the Planning Commission.” This will allow review of the intended use of the tower and public notice of the proposed change.
Thellman opened the item for public comment. No comment was received.
Thellman moved to approve CUP-14-00002, a conditional use permit for the Meteorological tower to monitor and collect wind data at located between E 400 and E 450 Roads and north of N 300 Road with the above listed conditions. Motion was seconded Gaughan and carried 3-0.
ACCOUNTS PAYABLE 05-07-14
Thellman moved to approve accounts payable in the amount of $189,617.54 to be paid on 05/08/14; and payroll in the amount of $812,892.12 paid on 05/01/14. Motion was seconded by Gaughan and carried 3-0.
APPOINTMENT 05-07-14
Thellman moved to reappoint Don Grosdidier to the Lawrence-Douglas County Mental Health Board for a second term to expire April 2018. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting; Flory 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