V LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE MEETING OF November 29, 1995 Meeting called to order at 6:30 p.m. Members present: Louis Box, Peggy Heintzelman, Mark Kole, Sam Maxwell, Steven Rosenthal, Eric Wendt, Mike Uleilbacher Ex-Officio members present: John Matthews; City of Basehor, Victor Ziegler; City of Basehor Staff present: Jim Hewitt, Ginny Owens Members Absent: Bill Altman, John Hattok MINUTES: A motion was made by Commissioner Rosenthal to approve the November 8, 1995 minutes, seconded by Commissioner Wendt. Motion passed ITEM NO 1: Consideration of SUP95-019 a request for a Special Use Permit for the operation of a firing range. Located in Section 20, Township 08, Range 21. Applied for by the Leavenworth County Sheriff's Department. Jim Hewitt briefed the Planning Commission on the request, noting that the zoning of the subj'ect property and surrounding properties was R-Rural, and the land use of the property and surrounding properties was agricultural and scattered residential. Maj. Ron Kraner, under-sheriff, explained that the reason they wanted the property for a firing range was because of the in-excessibility of other ranges in the area. We have at times used the United States Penitentiary Range, and the Lansing Correctional Facility Range but we must always work around their schedule and are unable to use the range when we may want to. We are just asking for the opportunity to have a place to shoot periodically, without a lot of interference from other agencies. Commissioner Maxwell asked the applicant what times they would be shooting at the range. Mj. Kraner replied, it would usually be during the daylight hours, but occasionally they would need to shoot after the sun goes down. (s John Matthews, Basehor Representative asked Mj. Kraner if the range would ever be open to the public. Mj. Kraner stated that would be up to the County Commissioners. If other agencies like the Leavenworth Police Department
expresses a desire to use the facility we would have no objections. Commissioner Maxwell asked what caliber of weapons would be used on the site. Mj. Kraner stated that 44/45 caliber would be used. No one rose to speak in favor or against the request Jim Hewitt presented the staff recommendation for approval. Commissioner Rosenthal made a statement that he wondered if the Planning Commission was being fair to the Special Use Permit Applicants tonight since one County Commissioner has stated that he will vote against all Special Use Permits, and another has unofficially echoed those sentiments. If turned down by the County Commissioner's are the applicants aware that they may not re-apply for one year? Since we will be meeting with the County Commissioners in December it may be in the best interest of the applicants that we table the items until we know what will be happening regarding Special Use Permits. Applicants will be given the option of proceeding with their /*ps application for a Special Use Permit. \ Commissioner Wendt moved that based on the Findings of Fact presented by the staff report that Special Use Permit 95-019 be forwarded to the Board of County Commissioners with a recommendation for approval subject on the following conditions: l.) Valid for a period of 10 years 2.) available for use by the Leavenworth County Sheriff's Office and other Law Enforcement Agencies within the county. Seconded by Commissioner Ulendt. Commissioner Maxwell proposed an amendment to the motion that the Sheriff's Department be notified when any other agencies are using the facility. Amendment was accepted by Commissioners Heintzelman and Wendt. Motion carried 7-0. ITEM NO 2- Consideration of SUP95-020 a request for a Special Use Permit for the operation of a water reservoir. Located in Section 05, Township 09, Range 22. Applied for by the Leavenworth Water Department. Commissioner Wendt stated for the record that he was currently under contract with the Leavenworth Water Department and would abstain from voting on this issue. Jim Hewitt briefed the commission on the location, zoning and land use of the area noting that subject area and surrounding area are zoned R-Rural with land use being primarily agricultural with some scattered residential. Property is
^ located in the Secondary Urban Growth Zone. Bo Kansteiner, Manager, Leavenworth Waterworks Board, stated that it was the intention of the Leavenworth Water Department to obtain property with a high elevation and place a reservoir for more storage capacity than currently available. Currently, the city has Pilot Knob a 5 million gallon reservoir. As the population goes west and south there will be a need for additional storage capacity. The subject ground is about 1120 feet above sea level and the reservoir would hold 10 million gallons to serve the public for the next 100-150 years. Commissioner Rosenthal asked for clarification on the location of the reservoir. Mr. Kansteiner, pointed out the exact location and stated that it would be 261 foot in diameter with 25 foot of operating elevation. Commission Maxwell what this reservoir would look like. Mr. Kansteiner stated that there were three different possible configurations depending upon what is found. 1.) Best: Below Ground Level; no maintenance, blends into the terrain. 2.) Partial Below and Above Ground Level 3.) Above Ground Level /PN Commissioner Heintzelman asked what plant the water was going V to be piped from and if this new reservoir would prevent a lack of water during emergency situations like the flood. Mr. Kansteiner explained that plants and distribution were interconnecting and that with this reservoir the likelihood of anyone in the county being cut off from water would be reduced significantly. Commissioner Rosenthal asked if there were many residences in the area and if the traffic would increase in the area due to this reservoir. Mr. Kansteiner stated that there were 5 homes to the south on 175th Street and that they would only have someone out on the site after completion once a week. Commissioner Weilbacher asked Mr. Kansteiner what type of time frame they were looking at with this project. Mr. Kansteiner stated that they had been looking at this project for 10 years and until now had been unable to find anyone to sell them the land necessary and it was his estimation that they were looking at another 5 years before this project would be started. f^ Commissioner Wendt asked what the reservoir would be constructed of. Mr. Kansteiner stated they were planning on pre-stressed concrete but that would be dependent on what things cost when they get to the point of bidding the project. Commissioner Box asked if there were any preliminary work that must be done between now and the 5 year start date. Mr.
Kansteiner stated that they would need to do some core borings to determine the depth of bedrock. Commissioner Rosenthal asked the applicant if they wanted to go forward with their application. Mr. Kansteiner stated yes. Gary Gurss, 17663 Springdale Road, stated that he was in favor of the project because the city and county needed this but he had some question on how much of the acreage would be taken up with the reservoir and how any dirt work would effect the drainage into his pond. Eric Wendt, 610 S. 9th Street, stated that he felt this was one of the best run agencies he had dealt with, they use the best materials and he felt that they would act in their customers best interest. Frank Gould, 17532 Springdale Road, stated that he would get all the water that would drain off that site or any of the water that leaks out of the reservoir into his pond and he would also like to know how the rest of the acreage would be used. /j»\ Mary Kersten, 17470 Springdale Road, stated that it sounded v like a good thing but she wanted to know how long things would be torn up and how it would effect them. Henry Martins, 17346 Springdale Road, asked Mr. Kansteiner if since the 16 inch line would be coming through their yards would they be tapped into Leavenworth City water for free or would they be paying for it. He further stated that he wanted to know what the other options would look like. Mr. Kansteiner replied to the questions put forth during the public comment portion of the hearing. 1.) the reservoir would take up approximately 5-7 acres and they had no immediate or concrete plans regarding the other acreage. 2.) if water leaves the reservoir because of overfill or breakage the water will go down the ravine to the west not to the north where Mr. Gould lives. 3. ) 16 inch line will not be going across private property it will be in the right of way. Anyone who wants to tie onto the line will be allowed but there will be a cost to that customer. 4.) if facility is not all underground then it will be placed at a higher elevation, above ground or in the air. Chairman Weilbacher asked Mr. Kansteiner if he had done any testing to see if there was going to be a problem putting the reservoir under ground. Mr. Kansteiner replied that they (^^, were not allowed to because it is under the Soil Bank. Nothing can be done to the land until the property is under our ownership.
ftp V Commissioner Kole asked Mr. Kansteiner if they found out they would be unable to place the reservoir underground because of geology or other factors would they consider buying other ground. Mr. Kansteiner replied that would be an option but they are not anticipating that it will not be underground. Commissioner Maxwell stated that he had a problem with them buying a piece of ground when they do not know what they can do with it. Commissioner Rosenthal suggested that they have to come back to the Planning Commission if they find they cannot put the reservoir underground. Commissioner Rosenthal moved that based on finding of fact presented by the staff report that Special Use Permit SUP95-020 be forwarded to the Board of County Commissioners with a recommendation for approval subject to the following conditions: l.) facility be an earth berm type of facility 2.) construction must begin within 5 years of receiving the Special Use Permit. Seconded by Commissioner Kole. Commissioner Kole moved to amend that the property is to be limited to water reservoir and its related functions. Amendment approved by Commissioner Rosenthal. Motion passed 6-0 with Commissioner Wendt abstaining. Planning Commission took a break from 8:15 to 8: 30 ITEM NO 3= Consideration of SUP95-021 a request for a Special Use Permit for the operation of a non-denominational interfaith retreat center. Located in Section 31, Township 09, Range 21. Applied for by Earth Rising, Inc. Gary Nelson, council for Earth Rising, asked that the commission table this application until the January 10 meeting because of the Board of County Commissioner's reluctance to approve Special Use Permits at this time. Moved by Commissioner Rosenthal and Seconded by Commissioner Maxwell. Motion carried 7-0. ITEM NO 4: Consideration of SUP95-022 a request for a Special Use Permit for the operation of a tractor sales and repair business. Located in Section 11, Township 10, Range 22. Applied for by Randy McDowell Jim Hewitt briefed the commission on the location, zoning and land use of the property noting that the subject property was located in the town of Fairmount on a lot in which the west half of the property where the house is currently is zoned B- 3 and the east half which has the barn for the tractor business is zoned R-Rural. Randy McDowell, applicant, 23100 154th Street, stated that he had worked on tractors for the last 15 years and he would like to open a small repair and sales business out of his shop.
Andy Petitt, 23058 154th Street, stated that he had no problem with what he is doing because he always kept the area neat and maintained. Kenneth Uillmon, 15462 Wood Road, stated that he was in favor of the business, it was located well off the road and was not going to be bothering anyone. John Vaughan, 23148 154th Street, stated that he lived next door to the applicants property and he was in favor of the business locating there. Virginia Klamm, 22975 163rd Street, stated that she was against the proposal because of the number of children who live in the area and was afraid that the increased traffic would endanger them. Chairman Weilbacher asked the Mr. McDowell what type of tractors he would be working on and how many customers he anticipated. Mr. McDowell stated they would be small tractors 50 horse or less (head tall) and did not anticipate having more than 2 customers per day. Chairman Weilbacher asked Mr. McDowell what type of work he performed on the tractors. Mr. McDowell stated that he did overhauls, rewiring, hydraulics, tune-ups etc. Commissioner Heintzelman asked Mr. Hewitt why this property needed a Special Use Permit instead of a re-zoning. Mr. Hewitt stated that it would be hard to justify having a commercial area in the middle of a residential area. Rezoning would allow any use permitted under that classification. Commissioner Kole moved that based on the finding of fact presented by the staff report that Special Use Permit SUP95-022 be forwarded to the Board of County Commissioners with a recommendation for approval subject to the following conditions: 1.) valid for a period of 5 years 2.) all repair and storage of parts be within the shop. Seconded by Commissioner Heintzelman. Commission Box moved to amend motion that a condition be placed on the applicant that hours of operation be from 7am to 7pm. Amendment accepted by Commissioner Kole. Motion passed 6-0 with Commissioner Rosenthal abstaining because of the Board of County Commissioners reluctance to approve Special Use Permits at this time. ITEM NO 5= Consideration of RZ95-004 a request to rezone a strip of land from I3-Heavy Industrial to R-Rural. Located in Section 13, Township 12, Range 22. Applied for by Wanda and Ernest Bjorgaard.
v Jim Hewitt briefed the Commission on the location, zoning and land use of the area noting that subject property had been rezoned to 1-3 13 years ago leaving a relatively small portion R-Rural. Currently, all but 2 acres of the 9 is zoned 1-3 Wanda Bjorgaard, applicant, stated that she was unaware of how close the 1-3 boundary would be to her house when the rezoning was done and she would like it to be pushed back from her yard. No one rose to speak for or against the petition. Commissioner Rosenthal moved that based on the finding of fact present by the staff report that RZ95-004 be forwarded to the Board of County Commissioners with a recommendation for approval. Seconded by Commissioner Box. Motion passed 7-0 ITEM NO 6: Consideration of Lot Split request by Brian Waterman. Located in Section 24, Township 11, Range 22. Jim Hewitt briefed the Commission on the status of the lot split noting that this action would create 2 tracts of land, 0^ one being 5 acres and the other 17 acres, located in the v! secondary growth zone and meeting all the county requirements including a passing percolation test. Commissioner Wendt moved that the lot split be approved. Seconded by Commissioner Rosenthal. Motion approved 7-0 ITEM NO 7- Consideration of Lot Split request by John Barnes. Located in Section 34, Township 10, Range 21. Jim Hewitt briefed the Commission on the status of the lot split noting that this action would create 2 five acre tracts and meets all the county requirements including a passing percolation test. Commissioner Box moved that the lot split be approved. Seconded by Commissioner Kole. Motion approved 7-0 ITEM NO 8: Consideration of Sarcoxie Hill Subdivision Preliminary Plat. Located in Section 8, Township 12, Range 22. Submitted by Carol and Gary Johnson Jim Hewitt briefed the Commission on the status of the petition noting that the reason the one lot subdivision had to be platted was because it extended a county roadway and that it was located in the Secondary Urban Growth Area. The (0^ applicant is also asking for a waiver from the public sewer ^ requirement. The lot had access but they did not have the required road frontage to acquire a building permit
Commissioner Rosenthal moved that based upon the Finding of Fact presented by the staff report that the Preliminary Plat of Sarcoxie Hill be approved. Seconded by Commissioner Heintzelman. Motion passed 6 to 1 with Commissioner Wendt voting against. ITEM NO 9= Consideration of Sarcoxie Hill Subdivision Final Plat. Located in Section 8, Township 12, Range 22. Commissioner Rosenthal moved that based on the Finding of Fact presented by the staff report that the Final Plat of Sarcoxie Hill Subdivision be forwarded to the Board of County Commissioners with a recommendation for approval. Seconded by Commissioner Maxwell. Motion passed 6-1 with Commissioner Wendt voting against. ADMINISTRATIVE BUSINESS Meeting was adjourned at 9=30 p.m ALL FILES, MAPS AND OTHER DOCUMENTS SUBMITTED AT THIS MEETINGS, ALONG WITH THE OFFICIAL TAPE RECORDING ARE MADE A PART OF THESE MINUTES SUBMITTED FOR APPROVAL THIS _DAY OF DECEMBER, 1995 H.JAMES HEWITT, SECRETARY APPROVED THIS _DAY OF DECEMBER, 1995 MIKE WEILBACHER, CHAIRMAN