Meeting Information
WEDNESDAY, MAY 18, 2016
4:00 p.m.
-Kasold/SLT Intersection Work Session with Commissioners
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Consider accessing MACPP contract to purchase vehicle for maintenance (Jackie Waggoner); and
(c) Consider approval of Supplemental Agreement No. 1 to the Engineering Services
Agreement with BG Consultants, Inc. for Project No. 2015-18, the realignment of Hamm Landfill Access Road (N2100Road), Project No. 2015-18 (Chad Voigt)
REGULAR AGENDA
(2) Consider recommendation for modernization of elevator (Jackie Waggoner)
(3) -TA-15-00461: Consider Text Amendments to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas and the Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, KS to add Accessory Dwelling Units as a permitted use and to establish standards for the use. Initiated by County Commission on 9/2/15. (Mary Miller)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Construction Codes Appeals (1) position 12/15
-Community Corrections Board (2) positions 01/16 and 05/16
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(5) Review the 2015 Annual Report: Economic Development Support & Compliance and provide input to the Lawrence City Commission. (Britt Crumm-Cano)-backup added Monday
(6) Adjourn
May 18, 2016
Flory called the regular meeting to order at 4:00 p.m. on Wednesday, May 18, 2016 with all members present.
CONSENT AGENDA 05-18-16
Flory moved approval of the following Consent Agenda:
► Commission Order No. 16-020 (on file in the office the County Clerk);
► Authorized staff to access the MACPP contract with Shawnee Mission Ford for the purchase of a 2015 Ford F-250 in the amount of $25,756, and authorized the Purchasing Director to initiate the orders; and
► Supplemental Agreement No. 1 to the Engineering Services Agreement with BG Consultants, Inc. for Project No. 2015-18, the realignment of the Hamm Landfill access road (N2100 Road).
Motion was seconded by Thellman and carried 3-0.
PURCHASING 05-18-16
The Board considered a recommendation for modernization of the courthouse elevator. Jackie Waggoner, Purchasing Director, presented the item.
After discussion, Flory moved to authorize staff to access the NJPA contract from ThyssenKrupp Elevator in the amount of $113,587, the low bid base cost for upgrades (with includes the $6,988 overtime expense to complete the project within six days) with funds available in the special building fund; and authorized the purchasing director to make change orders up to 10%. Motion was seconded by Gaughan and carried 3-0.
PLANNING 05-18-16
The Board considered Text Amendments TA-15-00461 to the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas and the Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, KS to add Accessory Dwelling Units as a permitted use and to establish standards for the use. The item was initiated by County Commission on 9/2/15. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
The amendment would allow residents to add an accessory dwelling unit to their property to provide a living area for elderly family members, caregivers or farmhands. The accessory dwelling as a separate structure would be located a minimum distance of 25 feet from the primary structure, would require a minimum of 3 acres with a separate septic system and county water or minimum of 10 acres if served by well water. The maximum size of the structure would be 1,000 square feet and cannot be greater in size than the primary dwelling.
Thellman asked if there could be an exception to the size of the unit for families who require room for special needs or physical therapy for example. Miller responded an applicant could request a variance on size.
Flory said he does not want to open this to having two large residences on one lot. Miller said the Commission could put in an exception that a larger house would require County Commission approval.
Thellman asked if tiny houses were acceptable and if so they would need to be grounded. Miller stated, yes tiny houses would need to meet building code standards and would need to be permanently attached.
Sarah Plinsky, Assistant County Administrator, suggested the request for variance could come back to the Board of Zoning Appeals. They are well positioned to make this kind of determination. Miller added the applicant would have to show a legitimate need for a larger home rather than just prefer one.
Sean Reid, Director of Zoning and Codes, weighed in on the request for a larger than 1,000 square foot home. He stated a need based disability would be an example of a legitimate need for a larger space. He also supported Plinsky’s suggestion of bringing the variance requests to the BZA.
Gaughan asked what happens when there are two dwellings on the same lot and the ownership changes hands. Suddenly you have two homes on one property. Flory replied the property would have one owner for both structures.
Gaughan asked if it is possible to divide the structures. Miller said the property can be subdivided through a certificate of survey but the property would have to meet the code criteria such as acreage, road frontage etc. There would have to be a different access for the second home.
Reid stated tiny homes if on a trailer are recreational vehicles and governed by the Department of Transportation. Currently building codes will allow a structure as small as 150 square feet but must create a living space that ties to code standards.
Thellman asked if it is possible for someone to build a tiny home on the ground but not permanently fix it to the ground. Reid responded it would be treated as a modular home. There are engineering solutions for attaching a home that can be explored. Tiny homes are something Zoning and Codes will be addressing as a separate issue.
After discussion, it was the consensus of the Board to require the accessory building be tied to a family caregiver/farm employee based need for a three-year period before the accessory building could be rented out.
Flory opened the item for public comment. No comment was received.
Staff will bring back language revisions based on the three-year family need/farm employee stipulation.
No action was taken.
ACCOUNTS PAYABLE 05-18-16
Flory moved to approve accounts payable in the amount of $1,430,403.63 to be paid on 05/19/16; and payroll in the amounts of $920,330.06 and $928,264.13 paid on 05/16/16. Motion was seconded by Thellman carried 3-0.
PUBLIC COMMENT 05-18-16
Jim Denny, Douglas County resident, stated the addition in the code to allow an accessory building for care taker is a wonderful solution to a common problem. He supports the text amendment request.
RECESS
At 5:05 p.m., the Board went into recess until the 6:00 p.m. meeting.
RECONVENE
The Board returned to regular session at 6:00 p.m.
ECONOMIC DEVELOPMENT 05-18-16
Britt Crumm-Cano, Economic Development Coordinator, presented the County Commission with a review of the 2015 Annual Report: Economic Development Support & Compliance and asked the County Commission to provide input to the Lawrence City Commission regarding the findings.
Flory said he would like to see accumulated projection of everything we have approved that is on the roll as an NRA now because he feels that number would be surprising to the public as to what benefit the City, County, school district and state will see from these additions.
Gaughan said he would like to see the job creation numbers shown broken out in detail by company in the executive summary and bring the total outlay to the community upfront in the report.
Thellman said she would like see all the positive things emphasized somehow upfront in the report if possible.
It was a consensus of the Board that the city proceed with caution when considering adopting policy that requires developers to devote 35% of dwellings to affordable housing or strictly limiting the tax incentive to 50% since adding these limitations may put us at a competitive disadvantage.
Gaughan would like to consider opening NRAs to home owners and property owners that need revitalization, maybe targeting neighborhoods. He also added when deciding where to set limits the key factor is making sure people know what the rules are and if they want to deviate from the limits they know how to do that. Let them know it’s possible and we won’t restrict people from using their imaginations on how to they can contribute to our community.
Bob Schumm, Douglas County resident and former City Commissioner, stated he is opposed to adding additional restrictions that can kill development projects especially in downtown Lawrence. The process is already restrictive and developing in downtown Lawrence is expansive.
No action was taken.
Gaughan moved to adjourn the meeting. Motion was seconded by Flory and carried 3-0.
____________________________ ____________________________
James E. Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date