Meeting Information
-Amended Agenda
WEDNESDAY, June 20, 2018
4:00 p.m.
-Consider approval of the minutes for August 9, September 20, September 27, October 4, October 11, October 18, and November 1, 2017; and January 10 and January 17, 2018.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider request from Baldwin City to fund a portion of proposed trail between Ottawa and Baldwin City. (Glenn Rodden, City Administrator of Baldwin City)
(3) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
-Board of Zoning Appeals (1) positions 10/17
-Building Code of Appeals Board (2) positions 12/16
-Community Corrections Advisory Board (1) position
-JAAA Advisory Council (2) position
-JAAA Board of Directors (1) position
(c) Public Comment
(d) Miscellaneous
RECESS
RECONVENE
6:00 p.m.
(4) CUP-18-00127: Consider a Conditional Use Permit for Marion Springs Event Center, located on approximately 9.58 acres at 316 E 900 Rd, Baldwin City. Submitted by Jay I and Mary D Bessey, property owners of record. Mary Miller is the Planner.
(5) TA-18-00155: Consider a Text Amendment to the Douglas County Zoning Regulation Article 13-319-5.01, to include and define Data Collection Devices, such as SODAR and metrological equipment and similar equipment as a Temporary Business Use. Initiated by County Commission on 3/28/18. (Sean Reid, Director of Zoning & Codes).
(6) Adjourn
June 20, 2018
Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, June 20, 2018 with all members present.
MINUTES 06-20-18
Thellman moved approval of the following minutes: August 9, September 20, September 27, October 4, October 11, October 17, and November 1, 2017; and January 10 and January 17, 2018. Motion was seconded by Gaughan and carried 3-0.
CONSENT AGENDA 06-20-18
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 18-29 and 18-30 on file in the office the County Clerk);
Motion was seconded by Derusseau and carried 3-0.
BUDGET REQUEST 06-20-18
Glenn Rodden, City Administrator of Baldwin City, asked the County Commission to fund a portion of the easements for a proposed walking and biking trail between Ottawa and Baldwin City. The cost of the easements is $345,000. The remaining balance after receiving donations from other entities is $282,500. Rodden is asking Douglas County, Franklin County and the City of Baldwin to split the $282,500 balance three ways (or $94,167 each).
Thellman opened the item for public comment.
Marilyn Hull, 1721 Oxford, stated she has submitted a consulting proposal to help with the project though she has had a decade of interest in Douglas County trails. As a trail user and promoter, she is excited about the potential of this project. The trail would be used by not just local groups, but vacationers and those looking for weekend destinations. Her ultimate vision would be to have a connection trail from Baldwin to Lawrence.
Thellman asked what other funding sources would be available.
Hull responded by saying possible grants with a required match may be available through KDOT and the Department of Wildlife.
Chris Tilden, 1121 Williamsburg Court, said he was excited for cyclists and the opportunity to attract tourists to Douglas County.
Eileen Horn, State Representative, stated she is on the Agricultural Committee and feels this is a great economic development potential for both towns along the trail. The small businesses in the towns are excited. She would love to see a connection of Baldwin City to those sources.
Casey Simoneau, Mayor of Baldwin City, stated this was a long process and a big decision from the City Council to purchase this easement. He feels he has the majority of community support and it brings a lifestyle to the community that doesn’t exist. It could be a huge economic opportunity to the area communities.
It was the consensus of the Board they would consider the request during the 2019 budget process.
ACCOUNT PAYABLE 06-20-18
Thellman moved to approve accounts payable in the amount of $1,738,914.59 to be paid on 06/21/18. Motion was seconded by Gaughan and carried 3-0.
RECESS 06-20-18
At 4:33 p.m., the Board recessed until the 6:00 p.m. meeting.
RECONVENE 06-20-18
At 6:00 p.m., the Board returned to regular session.
PLANNING 06-20-18
The Board considered CUP-18-00127 a Conditional Use Permit for Marion Springs Event Center, located on approximately 9.58 acres at 316 E 900 Road, Baldwin City. The application was submitted by Jay I. and Mary D. Bessey, property owners of record. Mary Miller, Lawrence-Douglas County Planning Staff, presented the item.
The Conditional Use Permit application was submitted to accommodate the conversion of the former Marion School at 316 E 900 Road/County Route 1039 to an event center while maintaining the current residential use. The event center use would be classified as a Recreation Facility, which is
permitted in the A District with approval of a Conditional Use Permit. The applicant plans to convert the 4,300 square foot gymnasium to an event center. The facility could be used for receptions, reunions, seminars, meetings, theater, hobbyists, birthdays, retirement celebrations, etc. They plan on holding events ranging from small events to larger groups of up to 200. Large events with amplified music will be held in the gym. Outdoor events could be held in the front grass area between the drives, on the playground, or east of the building.
Staff recommends approval of the Conditional Use Permit for Recreational Facility use, based on the following findings of fact:
I. Zoning and uses of property nearby. The subject property is surrounded by A (Agricultural) zoning and land uses, with the exception of the south property line which is adjacent to B-2 (General Business) zoning. The B-2 zoned properties have been developed with a seed warehouse and two residences. The proposed use should be compatible with the zoning and uses on nearby property; however, conditions may need to be applied to minimize any negative impacts on the adjacent residences, such as parking and amplified music.
II. Character of the area. The area is rural in nature with agriculture being the predominate land use. Scattered rural residences are located throughout the area. The intersection of E 900 Road/County Route 1039 and N 300 Road/Highway 56 has been developed with a seed warehouse, two residences, a church, and the former Marion Springs School. The proposed use should be compatible with the existing land uses in the area; however, conditions may be necessary to minimize negative impacts on the nearby residences.
III. Suitability of subject property for the uses to which it has been restricted. The property is suitable for uses permitted within the A (Agricultural) District and for the proposed Recreation Facility conditional use.
IV. Length of time subject property has remained vacant as zoned. The property is not vacant but was developed with a school in 1963. The structure is currently used as a residence.
V. Extent to which removal of restrictions will detrimentally affect nearby property. With the proposed conditions, the project should not negatively impact nearby properties. Lighting will be managed to insure there is no trespass on to adjacent properties and to reduce glare to nearby properties; operating hours are established; the applicant has voluntarily limited occupancy to no more than 200 people, and all parking will occur on the subject 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. In staff’s opinion, the approval of the conditional use will accommodate the adaptive reuse of a historic building. The recommended conditions will result in a compatible project that would not harm the public health, safety or welfare; while therefore denial of the request would provide no benefit to the public health, safety or welfare.
VII. Conformance with the comprehensive plan. The proposed CUP is compliant with the recommendations in the comprehensive plan.
And subject to the following conditions:
1. The applicant shall provide a revised CUP plan with the following change:
a. Provide one additional ADA accessible parking space and update the parking summary.
b. List the conditions which have been applied to the Event Center use.
2. The following conditions apply to the Conditional Use:
a. The CUP shall be administratively reviewed every 5 years by the Douglas County Zoning and Codes Office to ensure compliance with the CUP conditions.
b. Event occupancy is limited to no more than 200 patrons.
c. Event center may operate from 8:00 AM to 10:00 PM Sunday through Thursday, and 8:00 AM to 12:00 AM, Friday and Saturday.
d. Outdoor night-time events with amplified music are limited to no more than two per month. All other night events with amplified music shall be held indoors or shall be approved as Special Events.
e. All parking for the events shall occur on-site. Road-side parking is not permitted.
Thellman opened the item for public comment. No comment was received.
After discussion, Thellman moved to approve CUP-18-00127 a Conditional Use Permit for Marion Springs Event Center, located on approximately 9.58 acres at 316 E 900 Road, Baldwin City with the above listed conditions as amended and approved by the Planning Commission on the hours of operation. Motion was seconded by Derusseau and carried 3-0.
ZONING & CODES 06-20-18
The Board considered the approval of TA-18-00155 a Text Amendment to the Douglas County Zoning Regulation Article 13-319-5.01, to include and define Data Collection Devices, such as SODAR and metrological equipment and similar equipment as a Temporary Business Use. The Text Amendment was initiated by the County Commission on 3/28/18. Sean Reid, Director of Zoning & Codes, presented the item.
The Douglas County Board of County Commissioners adopted changes to the Zoning Regulations related to Wind Energy Conservation Systems (Resolution 17-12) and Wireless Communication Equipment (Resolution 17-19) in response to a recent land use request and changes to Federal Regulations. These changes did not address equipment used in preliminary data collection such as metrologic instruments (MET), SoDAR units, temporary antenna mounted on a truck or trailer (COW, COLT), and similar devices. After conferring with County legal counsel, it was determined the appropriate process for approval of the devices used for a temporary amount of time for collection of scientific data for an applicant to determine the feasibility of making a formal application for a Wind Energy Conversion System or Wireless Communication Equipment (tower), or other similar type of permanent land use is a Temporary Business Permit.
Thellman opened the item for public comment. No comment was received.
Thellman moved approval of Resolution 18-16, adopting text amendments to the Zoning Regulations for the incorporated territory of Douglas County, Kansas, defining Data Collection Devices such as SODAR and metrological equipment and similar equipment as a Temporary Business Use. Motion was seconded by Gaughan and carried 3-0.
Thellman moved to adjourn the meeting. Motion was seconded by Derusseau and carried 3-0.
____________________________ ____________________________
Nancy Thellman, Chair Michelle Derusseau, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date
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