Meeting Information
WEDNESDAY, JULY 8, 2015
4:00 p.m.
-Introduction of new Ag/Natural Resources Agent (Don Moler)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider approval to submit an application for the Fiscal Year (FY) 2015 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Ken McGovern);
(c) Consider approval of a county resolution amending the fees charged for responding to open records requests (Sarah Plinsky)
REGUALR AGENDA
(2) Consider a Home Rule Resolution implementing open burning regulations for the unincorporated areas of Douglas County (Teri Smith)
(3) Determine 2015 road maintenance budget for Hesper Charter Road Improvement District
(Keith Browning)
(4) CUP-15-00113: Consider a Conditional Use Permit for Flory Dairy Equipment at Vinland School, located on approximately 3.9 acres at 702 E 1747 Rd, Baldwin City. Submitted by Flory Dairy Equipment, Inc, contract purchaser of the property, for Rural High School District No. 1/Unified School District No. 348, property owner of record. (PC Item 1; approved 7-0 on 6/22/15) Mary Miller is the Planner.
(5) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Douglas County Senior Services Board of Directors (1) position
-Douglas County Food Policy Council (1) position
-Douglas County Emergency Management Board (1) position
(c) Public Comment
(d) Miscellaneous
(6) Adjourn
July 8, 2015
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, July 8, 2015 with all members present.
INTRODUCTION 07-08-15
Roberta Wyckoff was introduced to the Commissioners as the new Agriculture/Natural Resources Extension Agent at K-State Research and Extension to assist farmers in Douglas County.
CONSENT AGENDA 07-08-15
Flory moved approval of the following Consent Agenda:
► Approval to submit an application for the Fiscal Year (FY) 2015 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the Sheriff’s office; and
► Resolution No. 15-21 amending the fees charged for responding to open records requests.
Motion was seconded by Thellman and carried 3-0
BURNING REGULATIONS 07-08-15
Flory moved to adopt Home Rule Resolution HR-15-7-3 implementing open burning regulations for the unincorporated area of Douglas County, Kansas. Motion was seconded by Thellman and carried 3-0.
WALK ON/APPOINTMENT /VARIANCE REQUEST 07-08-15
Gaughan moved to appoint Dan Watkins to serve as designee to hear an Access Management Variance request by a landowner pursuant to Section 9-512 of the County Code Access Management Variance. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 07-08-15
The Board considered the 2016 Road Maintenance Budget for the Hesper Charter Road Improvement District (Hesper CRID). Keith Browning, Director of Public Works, stated he anticipates low maintenance for 2015-2016, but anticipates the need to chip seal roads in 2018. In past years, discussion included keeping the maintenance budget fairly constant until 2017 when the capital improvements assessments expire. Browning proposed a maintenance budget of $40,000 for 2016, then increasing to $48,000 annually in 2017 and beyond.
Buddy Hall, Hesper Advisory Committee, stated the road looks better than
it ever has. He said he appreciates the County’s efforts. He finds the
budget acceptable.
Flory moved to approve the 2016 Road Maintenance Budget for Hesper CRID at $40,000. Motion was seconded by Gaughan and carried 3-0.
PLANNING 07-08-15
The Board considered CUP-15-00113, a Conditional Use Permit for Flory Dairy Equipment at Vinland School, located on approximately 3.9 acres at 702 E 1747 Road, Baldwin City. The application was submitted by Flory Dairy Equipment, Inc, contract purchaser of the property, for Rural High School District No. 1/Unified School District No. 348, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The Planning Commission approved the item on a 7-0 vote on June 22, 2015. Staff recommends approval of the Conditional Use Permit for Flory Dairy Equipment, classified as Office and Research Facility and Farm Implement Repair Service, based upon the following findings of fact:
I. Zoning and uses of property nearby. Surrounding uses are predominantly rural residential and agricultural. The proposed use would consist primarily of offices, storage for dairy equipment and supplies, and a repair facility. Given the limited scope of the proposed use, and the property’s location on N 700 Road/County Route 460 (a principal arterial) the use is a good fit for the area. It should be compatible with the surrounding properties.
II. Character of the area. The area is rural in character and is zoned A (Agricultural) District with land to the east zoned F-F (Floodway Fringe Overlay) and F-W (Floodway Overlay) Districts for the floodplain associated with Coal Creek. Several nearby properties are listed on the National Register of Historic Places, including the Vinland Fair Ground to the north. The minor changes proposed to the site should maintain compatibility with the nearby historic properties and the area.
III. Suitability of subject property for the uses to which it has been restricted. The property has been developed with a school and would be suitable for a school or church use but is not well suited for other uses which are permitted within the A (Agricultural) District. The property is suitable for the proposed use, when approved as a Conditional Use.
IV. Length of time subject property has remained vacant as zoned. The property has been developed with a school. The school closed in May of 2011 and has been vacant since that time.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The proposed use will reuse an existing building for a dairy supply and service business. The primary on-site use will be Office and the warehousing of supplies. Some equipment repair will occur on site, within the structure. The majority of the traffic anticipated each day consists of employees in company vehicles coming to work in the office or to pick up equipment for delivery. The proposed conditions should insure compatibility with nearby land uses.
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. In staff’s opinion, the approval of this request, with the proposed conditions will result in a use that would be compatible with the nearby land uses. Approval would allow the reuse of the vacant school with an agricultural based business, which would maintain the agricultural character of the area. Denial of the request would require rezoning of the property to an industrial district prior to the installation of the use or location of the use on industrially or commercially zoned property.
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. As conditioned, the proposed use is in compliance with the Comprehensive Plan;
and subject to the following conditions:
1. The following actions shall occur prior to the release of the permit for the Conditional Use:
a. Applicant shall obtain an easement from the property owners for the long-term use of the off-site lagoon.
b. Applicant shall obtain a permit or easement from Douglas County for the pipe under E 1750 Road which accesses the lagoon prior to the release of the permit for the Conditional Use.
c. Applicant shall dedicate an access easement providing access for the residence at 701 E 1747 Road to connect to E 1747 Road.
d. A revised CUP plan must be provided to the Planning Office with the following changes:
i. Recording information for the easement for the lagoon noted on the plan.
ii. The ADA parking space identified on the plan.
iii. Total building area noted on the plan with the following note: “The addition of a new use into the unused portion of the building will require CUP approval.”
iv. Label the portions of the building that are to be used for office, repair/storage, and warehouse.
2. The following actions shall occur prior to the release of a Certificate of Occupancy:
a. Repair of the lagoon fencing which include the patching of a hole in the north side of the fence and reattachment of the gate to the posts per the County Health Official’s approval.
b. Improvements made to the access drives on E 1750 Road per the County Engineer’s approval.
c. Installation of signage noting the access restrictions for the E 1747 Road access points on N 700 and E 1750 Roads.
d. Applicant shall construct a privacy fence along the access easement to screen the business from the residence at 701 E 1747 Road.
Miller stated there will be little external changes to the site. The owner anticipates one semi truck a month to deliver products which will enter the site off of 1750 Road.
No public comment.
Thellman moved to approve CUP 15-00113 Condition Use Permit for Flory Dairy Equipment, classified as Office and Research Facility and Farm Implement Repair Service at Vinland school with the conditions recommended by staff as listed above. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 07-08-15
Flory moved to approve accounts payable the in the amounts of $4,671.54 paid on 06/26/15, $748,452.15 paid on 07/02/15, and $424,076.57 to be paid on 07/09/15; and payroll in the amount of $953,388.44 to be paid on 07/10/15. Motion was seconded by Thellman carried 3-0.
APPOINTMENT 07-08-15
Flory moved to appoint Ernest Hodison to the Douglas County Senior Services Board to fill the unexpired term of Pattie Johnston that has been vacant. Term will expire 12/31/2015. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 07-08-15
Flory moved to appointment to the First District No. 4 Board: Steve Lewis, Riley Winkler and Phillip Metsker. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 07-08-15
Flory moved to appointment to the First District No. 5 Board: Jeri McElhaney, Wes Flory and Rob Harris. Motion was seconded by Thellman and carried 3-0.
APPOINTMENT 07-08-15
Gaughan moved to reappoint Bob Newton, to the Douglas County Emergency Management Board. Motion was seconded by Thellman and carried 3-0.
MISCELLANEOUS 07-08-15
Thellman stated she would like the Board to discuss a management review over the Zoning and Codes Operations. Sarah Plinsky, Assistant County Administrator, will look into options and costs to bring in an outside firm to do a review and the information to the Board on a future agenda.
Flory moved to adjourn the meeting. Motion was seconded by Thellman and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date