LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING OF FEBRUARY 12, :30 P.M. AT LEAVENWORTH COUNTY COURTHOUSE

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1 0 LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING OF FEBRUARY 12, :30 P.M. AT LEAVENWORTH COUNTY COURTHOUSE Meeting called to order at 6:35 p.m. Members Absent: Louis Box, John Hattok, Mike Weilbacher Ex - Officio members present: Cities of Basehor & Leavenworth Dr. Eric Strauss introduced himself to the Planning approved. Seconded by Commissioner Matthews with a change to ^^Lrir^" t0 StatS 296 1OtS instd SfiSS*" 34, Township 11, Range 22. Submitted by Frank Theis ITEM NO. 2: Consideration of Final Plat of Prairie Hill 52wgs ^^LiTtj applicant to return at another meeting and provide you with more information, and if possible have a representative f??hls i?cai 5ire & Water ^P^tment availabk Thee are s.?ttached to your packet that explain further why he J e y U to.consider a waiver from the Subdivision tion requiring a fire hydrant & 6" water lines. Ted Wiles, applicant, th Street, stated that the best compromise that he could get from the water and firl e could get from the water and firl ^f WaV have a three inch line «ith an aboveb ground the hvdrij hy^ant' This would allow them to hook a hose?o to ouf In th.?airmas Maxwe11 asked ^ they were not willing wsre n«jv ln h Water line' Mr' Wiles stated they were not because of water quality. Mr. Wiles explained that

2 a expensive to dig up a and the cost was not»lion ror Mr. Wiles. Mr. White stated that t ouuption of these regulations (6" line & Hydrantl hart"h wxth short notice. Chairman MaxweU disagree statina t these regulations had been discussed for several yea?s! thjir inpu? Par e"ts Sh Wed UP or the»«tings and gave plat the Planning Commission can at any time require ts ir *r?sr?f ry 1Ot in the Plat to "P^ade to 6" It no cost or at the landowners expense at such time that 6" lines become necessary, if there is going to be a water osalitv problem with a six inch line thin i? would be?n thhnterest

3 / of the county to make sure that there is adequate fire fighting volume at the same time the home owner has an adequate water supply. Every time anyone bought that?hk thls fefuirement would be attached to the deed. It would be recorded over and over. Kenny Heintzelman, Fire Chief Kickapoo Fire Department an^botrd0^ hydrantwi?houtathin9 ab Ut * *-11 ^Pe* ^his fill pipe is a SSiS?hUtS off^under9round and yo^clx? attach a hose^it Hydrants are coded and tell you how much the hydrant will Chairman Maxwell asked Mr. Heintzelman if he saw a problem with a hydrant, and four lots using a 6" water main Mr g ater main Mr 2SnE2T ffevsat WaS a COncern for him some time ago and that he had asked Bo Kansteiner from Leavenwroth Waterworks. Mr. Kansteiner told me that the water would not?o ttltt'r ^t that there WaS enou3h movementt i in the wa?er? 2 it? ^ fresh- He suggested that a cleanout be on the end Commissioner Rosenthal stated that there was a 3" line going to a 6" line so you only have volume for a 3" line In regards to a fire hydrant what can you do with that kind of volume. Mr. Heintzelman stated that if there is enough 6" line it is like a water tower in the ground. There is 1 1/2 gallons of water for every foot of a 6" line. Our pumpers when tied into a hydrant or fill pipe use a soft suction hose. This hose will collapse when you run out of water so tnere is no danger in harming the water pipe. Elizabeth Johnson, th Street, Board Member of Water District #9, stated that they had discussed this at their board meeting and that the system manager did the calculation for the length of water line using the average consumption of four houses. It would take three days to get all the water out of the 6" pipe. I do not know how long the chlorine stays in the water but we chlorinate every day If the chlorine stayed in the water for three days then we'would not >e doing that every day. This pipe would run 1/4 of a mile and it would take three days to empty. We also had a concern regarding liability for putting up fire hydrants on a six inch line. This would give the impression that there was fire protection there. Yes, there is a larger volume stored m a 6 line than in a 3" line, but will it be enough to fight a house fire. I think the fire departments collapsible hoses will collapse very quickly. When the home owner is upset that there house burned down because there was not enough water and there was a fire hydrant out front, who would be responsible for that?

4 Jerry Gies, City of Leavenwroth, stated that this points to tne predicament the planning commission is in. If the quality of services cannot be provided to rural subdivisions and the county is looking to upgrading their subdivision regulations and comprehensive plan to discourage this, then to grant a waiver would be counter productive. I think what the planning commission should be looking at is; what are you trying to accomplish in the comprehensive plan. If it is scattered subdivisions then you would go one direction if you are wanting subdivisions to go into the growth area, then to grant waivers or to weaken the regulations would be counter productive. Commissioner Matthews asked Mr. Wiles how much 6" line we were talking about. Mr. Wiles stated that he was trying to extend the line 300 feet from where he would be hooking up The water department would be responsible for the 1/4 of a* mile of 3" line. Commissioner Rosenthal asked Ms. Johnson if they had fire hydrants in their district. Ms. Johnson stated that they did have some but she could not tell you what size lines they were on. The district has 75 miles of line and the majority of it is 2, 3, & 4 inch lines. Commissioner Rosenthal asked if the fire hydrants had been tested for pressure an if they were color coded. Ms. Johnson stated she thought they had been tested in the past, but she was unaware of the pressure they may have. To here knowledge they are not color coded. Mr. White stated that the color code was a guarantee of a certain volume. If they are not color coded then they must not be guaranteeing anything. Ms. Johnson stated that they had been put in as a convenience for fire fighters so they would not have to travel as far to get water and also so that we may flush the lines. We would love to see fire protection out there for everyone. If live in a class 10 area, but when I moved out there I knew it was not a service for me, and I would not dream of asking someone to provide this service to me now. Commissioner Heintzelman asked if she did not have fire protection. Ms. Johnson stated that she did not know. When asked where she lived Ms. Johnson stated that she lived at 222nd Street and 1 2/3 miles north of county road 8. Commissioner Heintzelman told Ms. Johnson that she was in the Easton II fire district. Ms. Johnson stated yes, but it was a volunteer fire department and that she was still in a Class 10 because she was at least 5 miles from a fire station. Commissioner Kole stated that he understood we were talking 1/4 of a mile of 6" pipe and we are also talking about 300' of 6" pipe. According to our regulations the point where your property starts would require 6" pipe. Commissioner

5 Kole asked where the Water District stood on just 300' of 6" pipe. Mr. Wiles stated that he had been told that it did not matter if it was a foot long. Helen Holmes from KDHE stated that on a line like that, when they came out and performed a random sample it would fail. Commissioner Kole stated that this type of information should have been documented because this may have moved the board to grant a waiver because the «?aj 5 ^Sff?tyw f the Pe Ple is involved. Commissioner Kole stated that he believed the applicant but there was nothing to back the information up. Commissioner Phillips asked Ms. Johnson if the rural district would let him run a 6" line at his expense. Ms. Johnson stated they would be against it. Mr. Wiles stated that he had been told they would refuse him service. Vic Zigler, city of Basehor, stated that perhaps they should require the 6" line within the subdivision. There would be a 3 line for the 1/4 mile and then 300' of 6" pipe and the water should not go stale in only 300 foot of pipe This would mean that in the future if the water district upgraded f their lines they would already have 6" lines to tie into. Commissioner Matthews asked Mr. Heintzelman & Mr. Zigler what would happen if they ran the adjt*;">n;l Mr. zigler 6" line replied for the that it 1/4 mile WQuld and the stal e and Mr. Heintzelman stated that Bo Kansteiner had told him that there would be enough movement in the water to keed it from going bad. Tom Polkrabeck, Tonganoxie Fire Chief, stated that what he understood form Mr. Wiles was that the water district was not wanting to put in a 6" line because of the water quality issue and that they were even threatening to deny service if it was done. The subdivision ordinance that the county has in place is where we need to be going but it does not cover all the exceptions. I told Mr. Wiles, that I did not want to see him going without water, and a 3" line going up there with a surface plug with an 3 and 1/2 inch outlet would probably suffice. I would then have all weather access to water m the immediate area and a 3" pipe will supply a lot of water. From my standpoint that would be a reasonable compromise. I did not want to see a cleanout with a below grade shutoff, because when covered with snow and ice you can not find them. This is a step in the right direction but in my view whether it is a 3" line or a 6" line, we have access ^n tow water and that makes it the right direction. Commissioner Rosenthal asked Mr. Polkrabeck if there was a 6" line and a fire plug, would the fire department check that plug and know how much pressure they could count on for a structure fire. Mr. Polkrabeck stated that it was not really a pressure issue, it was a volume issue. Without any fire plugs, which is literally the situation in the area, a 3"

6 line with a continuous flow of water is much better than trucking it in. During the day we are very short on people 5^- f>.car\ J?ke a Person out of that truck and have them doing other things at the scene then we are better off Whether or not there would be sufficient volume is hard to answer. It would depend on what kind of jump the fire had on you, and how much you are going to put on it. You will likely ask for water support in that type of situation. Commissioner Rosenthal asked if it would be necessary for the support even if it were a 6" line feeding from a 3" line!?r; J! lkrabeck stated that the volume would not be as much but that you would have a reservoir in the 6" line Mr Polkrabeck then stated that his preference would be to have a 6 line, but not at the expense of having no water. Commissioner Heintzelman asked Mr. Strauss if it was correct that if there was a water line going in front of your property, and if you did or did not have a meter, and there was sufficient water supply going through that pipe then the water district cannot refuse to give the resident water Mr Strauss stated that he believed the water district has the ' right to serve you or not according to their system. If there is a pipe in front of your property and you have not purchased a meter, and they have no meters to sell, then you will not get water. If you have already bought a meter then H is-?»r in PerPetuity. Commissioner Heintzelman stated that if Mr. Wiles had a 6" line installed and already purchased meters then the water district would have to supply him the water. Mr. Strauss stated they could return the money to him and refuse. Commissioner Heintzelman asked Mr. Wiles if he had purchased any meters. Mr. Wiles stated that they had approved 1 meter contingent on the approval of the final plat with the waiver Otherwise they will refuse the service. Commissioner Heintzelman asked Ms. Johnson how many users they had on their system. Ms. Johnson replied there were 550 or so and some of them were ghost meters. Commissioner Kole moved that the Final Plat of Prairie Hill Subdivision be approved the following stipulations.: We waive the 6 water line requirement but that at the county engineers decision it is to be upgraded to a 6" line and that this stipulation be attached to the deed and that at the entrance to the subdivision there be a miniplug. Motion failed for lack of a second. Commissioner Rosenthal moved that the Final Plat of Prairie Hill Subdivision be approved. Motion failed for lack of a second. Commissioner Heintzelman moved that the waiver of the 6" line

7 «La K line b denied- Commissioner Rosenthal asked if she was not approving the Final Plat. Commissioner Heintzelman stated she was not, and that someone else could ma^e tha? 5~3k hr'f10^ K le Stated that Commissioner Rosenthal already had and nobody seconded it. commissioner Heintzelman stated that she would amend her motion to approve the Final ll JUJ TUrd not approvs the Waiver for theater i Seconded by Commissioner Matthews. Motion passed 4-2 with Commissioners Kole and Phillips voting against. Mr. Strauss asked if there was any dedication of land, if STSJ" ^- 9i bef re the C Unty Commission to vote on the dedication. The plat itself has been approved here and should the applicant have a problem with the app?ova!?hey need to be aware that the County Commissioners can only vote to approve or disapprove the dedication of land. ITEM NO. 3: Consideration of SUP a request for a ^"al.use Pemit for the operation of a chainsaw sales and 22P 5.,h ^Ji1?; i:ocated in Section 22, Township 10, Range 22. Submitted by David and Karen Robinett. Ginny Owens briefed the commission on the location, zoning and land use of the petition. «"."*«No one spoke in favor of or in opposition to the proposal. Ginny Owens stated that the staff anticipated no impact on the surrounding area. All work would be inside and all deliveries would be by UPS. David Robinett, applicant Donahoo, stated that a portion of the proposed building would be for the chainsaw sales and service business. Mr. Robinett submitted a site plan of where the building would be located on the property. Commissioner Rosenthal asked Mr. Robinett how long he had been doing this kind of work and if he worked on all brands Mr. Robinett stated that it had mainly been a hobby, with farmers in the are bringing in their saws. I would fix them and then return them. As far as the business, it will be only McCulloch products. Commissioner Rosenthal asked Mr Robinett if he had anything flammable stored in the buildinq Mr. Robinett stated that he would have no more than 5 gallons of gas. Commissioner Heintzelman asked MR. Robinett what times he would be open. Mr. Robinett stated that he did not foresee being open more than 15 to 20 hours per week. Probably from 4:00 to 6:00 in the evening and maybe some time on the weekend. Commissioner Heintzelman asked Mr. Robinett what he meant by McCulloch products. Mr. Robinett explained that McCulloch also made weed eaters, chainsaws and hedoe trimmers.

8 Chairman Maxwell asked the applicant if he was going to be a dealer of these products. Mr. Robinett stated that he would be, but in a limited way. Commissioner Matthews asked Vic Zigler what the City of Basehor would think of this proposal. Mr. Zigler stated that it was outside of the City's area. Commissioner Matthews asked if they would be concerned about the building. Mr Zigler stated it would be no problem to them and it"was outside of the Hog Creek Watershed area. Commissioner Rosenthal asked the applicant if he would have restroom facilities available to the public. Mr. Robinett replied that he would not. Commissioner Heintzelman moved that SUP be forwarded to the Board of County Commissioners with a recommendation of approval subject to the following conditions; 1) valid for 5 years 2) daytime retail sales 3) compliance with all Federal, State and Local regulations that may be applicable 4) pre-plan be filed with the local fire department (Basehor/Linwood) Seconded by Commissioner Kole. Motion passed 6-0. ITEM NO. 4: Consideration of SUP a request for a special use permit for the operation of an RV and boat storage facility. Located in Section 15, Township 10, Range 22. Submitted by Teddy and Barbara Coble. Commissioner Rosenthal asked to abstain from this issue and left the room. Ginny Owens briefed the commission on the location, zoning and land use of the property and surrounding area. Barbara Coble, applicant, th Street, stated that they had purchased the property in July and that it had two large barns existing on the property. Since we do not farm the property, we have little use for the barns. We have been approached by several people who suggested that we store boats and rv's in them. Commissioner Matthews asked if they had any plans for expansion if this endeavor was successful. Ms. Coble stated they did not. Chairman Maxwell asked if everything would be stored inside Ms. Coble replied they would. Stephen Hill, th Street, stated that he was located to the north of the property and that he had no qualms with the proposal and felt that it was a good use for the two barns already located on the property.

9 he was in 232 5"2i Staff report stating that the property surfaced roads both of which were Alti 5! ard surfaced roads both of which were H i? J uarry heavier tffi traffic andd would be capable of handling both e rv's and boat trailers. Staff anticipates ^ UK?f ths distance of the te location from a?ecrea??on business wil1 take ss^ls^srbusiness wil1 take pi * ^ ss Commissioner Heintzelman asked what staff meant by no S^T^ffi^^^SSUr'*staff replied vkrr ^^D the following conditions, l) vals for 5 years 2) hours of operation limited to daylight hours 3? no addxtional lighting 4) storage of rv'sand boa?s"nside existing buildings 5) compliance with all Federal? State?d? XUl ns Shat may be Wli^le. 6) pre-p?an be Seconded by ^ OPEN AGENDA Eric Strauss stated that he had placed the lot split regulations on the agenda to bring to the planning commissions attention that he was interpreting the lot split regulation in a way that they had not previously been interpreted. Mr. Strauss recommended that the plannina commission seek to defer lot splits until a permanent * director is in place and can evaluate the regulation The county regulation as a whole could use some improvement Mr?!L? * a? ths UP3hOt f his interpretation was that the commission would be seeing more lots splits than in the Commissioner Rosenthal stated that he thought the regulations Tr«in9i away With lot splits-p Commissioner RoseSSa! tnforn,^^ S Tre talkin5 ^t ^out the new regulations and was informed that we were referring to the old. Commissioner Rosenthal asked if the regulations were still not in effect and if not what were we waiting for now Eric Strauss asked if the new regulations had been approved by the Planning Board. Ginny Owens, stated they had been through

10 the Planning Board but had no gone to the county commissioners and she was waiting for them to be reviewed by the new director. Commissioner Rosenthal asked if they could go before the County Commission now. Mr. Strauss staled?ha? he would go over the regulations and send them forward if that was what they would like, or he would send them up without looking at them. Commissioner Kole stated that he would like Mr. Strauss to go over them an dif there was something that needs the Planning Commissions attention bring them back before them before going to the County Commission. Commissioner Heintzelman stated that she would like to see them reviewed by Mr. Strauss because she felt that the planning commission has had a lot of misdirection, bad direction and bad information given to us and a review would enable them to go forward instead of backward. If there is something wrong we need to know it. (!!^nh^s 6d if durin9 the last year the comprehensive plan had been formally reviewed. Commissioner Kole stated that they had not formally done so. Ginny Owens stated that we have not reviewed the comprehensive plan. Mr. Strauss stated that he had some questions regarding the Growth Map and questioned whether it was an effective map if you do not at the same time amend the zoning ordinance I will have a report for you available at the next meeting with my recommendation. My initial impression is that we need to separate the map issue and deal with the other. If you are going to create a new set of criteria, dealing with the growth zone it becomes an official zoning map. I did not think that this had been done. The growth map that you have passed was in reality an amendment the comprehensive plan In order to do that you had a public hearing. Commissioner Heintzelman asked if any of the residents needed to be notified of the changes occurring to the growth zone. Mr Strauss stated that was another issue and asked how much of the map was being changed. Commissioner Rosenthal stated that we had a public hearing. Mr. Strauss explained that to rormally amend the zoning ordinance you typically have to notify everyone covered by that change and everyone within 1000 feet of the area. There is another option and that is to repeal your zoning map and then recreate it. Then you will only have to give notice in the paper. My concern is the best way legally and I will look at the regulations and the map and make any suggestion I have and present them to the County Commissioners as amendments to both the plan and the subdivision regulation. Mr. Strauss also suggested that we look into finding a bigger room for the next meeting because of the number of people that we can expect. If we are able to obtain another

11 wm be 3 ss h^r?osssl?? ^hat^he Way he unde«tood it his father wouid nave to split the 40 acres one time and at that time makp solftaoff ST tracjs" Mr* StrauSS explained that he Jould SiiL 5 ct y.one 5 acre tract and that was ^. if he wanted to create more than 1 he would have to follow the subdivision requirements. My recommendation to the new director will be to look into developing a set of rural reauir^t re;ulati ns' Mr' ^ers asked if they would be Itated thi? IT inkj.central lago ^ system. Mr. Itrauss stated that the subdivision regulations would require this but the applicant can request a waiver of this regulation.

12 Meeting adjourned 8:30 ALL FILES, MAPS AND OTHER DOCUMENTS SUBMITTED AT THIS MEETING, ALONG WITH THE OFFICIAL TAPE RECORDING ARE MADE A PART OF THESE MINUTES. SUBMITTED FOR APPROVAL THIS DAY OF 19 SECRETARY APPROVED THIS DAY OF 19 CHAIRMAN /