LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE MEETING OF JUNE 12, 1991
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1 LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE MEETING OF JUNE 12, 1991 Meeting called to order at 8=00 p.m. Members Present: Margaret Coffman, Ron Ernzen, Charles Lohman, Wesley Reed, Mildred Wilkerson Members Absent: John Bailey, Ron Brumit, Bob Christianson, Mike Weilbacher Staff Members Present: Jim Hewitt, Leslie Karr, Harvey Leaver and Jim Pickett. MINUTES: A motion was made by Charles Lohman, seconded by Mildred Wilkerson to approve the minutes of the meeting of May 8 and the special meeting of May 29. Members voting in favor were: Coffman, Ernzen, Lohman, Wilkerson. ITEM NO l: Consideration of RZ , a request for a change of Growth Area Classification. Applied for by Norman and Rozella Brown on a tract of land in the SW 1/ Jim Hewitt briefed the Planning Commission on the location of the applicants property. The change would allow a change in the minimum lot size from 5 acres to 2.5 acres. Norman Brown, RR 3 Box 4O4H, stated that he felt the request was consistent with other lots in the area. Walter Blaser, RR 3, stated that he was concerned that future residents would complain about his airport. Larry Mosebacker, RR 3 Box 404E, stated concerns for the water pressure in the area, sewage requirements and subdivision of the country into smaller lots. Joe Dressier, RR 3 Box 406, stated "that he moved to the country to be in the country. He said he felt this would disrupt the peacefulness of the area. Leroy Seifert, RR 3 Box 406B, stated concerns for the detrimental effects to the atmosphere of the area. He also stated concerns for water and sewage. Jim Hewitt stated that a variety of iot sizes are represented in the area. The area has experienced a fair amount of development in recent years on lot sizes smaller than that requested. Staff recommendation is for approval of the extension of the Secondary Urban Growth Area to 179th St.
2 Mildred Wilkerson stated that she had heard that there was a shortage of water in the area. Jim Hewitt clarified that Rural Water Districts are separate and independent bodies which the county can not control. A building permit is contingent upon issuance of a water meter by the water district. Norman Brown informed the Planning Commission that he has made application with the RWD and has received a meter. Margaret Coffman, moved that RZ , a request for a change in growth area from Rural to Secondary Urban Growth Area, be forwarded to the Board of County Commissioners with a recommendation for approval, based on the referenced Findings of Fact. A second was made by Charles Lohman. Members voting in favor were: Coffman, Ernzen, Lohman and Reed. Member Wilkerson abstained. The motion carried 4-0. ITEM NO 2: Consideration of SUP 91-11, a request for an Adult Care Home. Applied for by Norman and Rozella Brown on a tract of land in the SW 1/ Jim Hewitt stated that the property and surrounding properties are zoned R-rural, surrounding land uses are primarily agricultural and residential. An Adult Care Home is regulated by SUP regulations and a licensing requirement by either KDHE or SRS. The single family residence will house 5 adults and 2 care givers, this is not a medical care facility. He stated that the use, by Kansas Law, is considered residential. Norman Brown stated that he currently operated two homes in Leavenworth. The new home will not create any traffic problems. The home strives to provide an in home atmosphere for the residents. Rozella Brown also spoke in favor of the permit. Larry Mosebacker expressed concerns for the water pressure in the area. Joe Dressier stated that he was concerned for the safety of elderly persons located within the county. Grace Seifert expressed concerns for Adult Care Homes. She suggested that the Brown's located their home in the Leavenworth County Industrial Park. Leroy Seifert added his concerns to those of his neighbors.
3 Jim Hewitt stated that as long as no more than 10 elderly persons reside in the home, it is considered to be a residential use by Kansas Law. It is specifically provided for in the Zoning Regulations as a Special Use permit in all zoning classifications. Staff recommendation is for approval for a five year period contingent upon any required licensing. Margaret Coffman moved that SUP be forwarded to the County Commissioners with a recommendation for approval for a five year period, based on the referenced Findings of Fact, contingent upon proper licensing. A second was made by Charles Lohman. Members voting in favor: Coffman, Ernzen, Lohman, Reed. Members voting against: Wilkerson. The motion carried 4-1. ITEM NO 3: Consideration of SUP 91-12, a request for a light metal fabrication shop. Applied for by Don Dowdall on a tract of land in the SW 1/ Leslie Karr briefed the Planning Commission. The request is a renewal of a permit originally issued in June of The current zoning of the property and surrounding property is R- Rural. No complaints have been filed. Staff recommendation is for approval for a five year period contingent upon proper disposal of all waste materials. Don Dowdall, PO Box 117, spoke in favor of the permit. Charles Lohman moved that SUP be forwarded to the County Commissioners with a recommendation for approval for a five year period based on the referenced Findings of Fact. A second was made by Wesley Reed. The motion carried unanimously. ITEM NO 4: Consideration of SUP for a beauty salon. Applied for by Danny and Stacey Tallman on a tract of land in the NW 1/ Leslie Karr briefed the Planning Commission. Existing land uses are agricultural and residential. Current zoning is R- Rural. The area is isolated from surrounding property. Staff recommendation is approval for a five year period contingent upon State Licensing. Stacey Tallman, Rt 1 Box 179, spoke in favor df the permit.
4 Charles Lohman moved that SUP be forwarded to the County Commissioners with a recommendation for approval for a five year period, contingent upon State Licensing, based on the referenced Findings of Fact. A second was made by Mildred Wilkerson. The ITEM NO 5: Consideration of SUP 91rl4 for a Roping Arena. Applied for by Jerry Linaweaver on a tract of land in the NW 1/ Ron Ernzen stated that he had a Conflict of Interest with the item and therefore would not be able to hear the item. As a result, a quorum was not available to hear the item. The request was put on hold until the end of the meeting to see if further Planning Commission members could be contacted. ITEM NO. 6: Consideration of the Final Plat of Garrett's Place Subdivision. Jim Hewitt stated that the preliminary plat was approved at the May 8 Planning Commission meeting. The plat conforms with all Subdivision and Sanitary Regulations. The plat contains a 10,000 sq ft easement for the septic system. Margaret Coffman moved that the Final Plat of Garrett's Place be approved. A second was made by Charles Lohman and the ITEM NO 7: Consideration of the preliminary plat of Schubert Estates Subdivision. Jim Hewitt stated that the four lot subdivision is located on County Road 2, 2.5 miles south of Hwy 32. The subdivision contains 28 acres and the minimum lot size is*6.8 acres. Onsite sewage systems are proposed. It conforms to all County Subdivision and Sanitary Regulations. A motion was made by Charles Lohman, seconded by Mildred Wilkerson, to approve the preliminary plat of Schubert Estates. The ITEM NO 8: Consideration of the preliminary plat of Westbrook III. Jim Hewitt stated that the subdivision is the third and last phase of the Westbrook Subdivision. The subdivision is located within the Growth Areas and constitutes a Major Subdivision. The developer is asking for a waiver from the sanitary requirements for the final phase. The subdivision contains 14 lots ranging in size from 2 acres to 7.75 acres. Two of the 14 lots have failing perc tests, the applicant is asking that specifically engineered systems be allowed on these lots. Seven of the remaining lots have marginal tests.
5 A recommendation has been made that if the Planning Commission approves the Subdivision, an additional 200 feet of lateral be required on all the lots to compensate for the marginal perc tests. Ray Harvey, developer, stated that Phase III represents less than 20% of the total subdivision. All the lots have a minimum of 300 feet of frontage. He. referenced his bid for providing sewers to the subdivision. Wesley Reed pointed out that the cost per lot for installing a sewer system is about $ 4,100. Mr. Harvey stated that installing a septic systems cost around $ 3,000. However, that cost is not the responsibility of the developer. Providing sewers requires money from the developer up front. He stated he would have to have 90 lots to make the sewers feasible. Adding the cost of the sewer to the cost of the lots prices them out of the market. A motion was made by Margaret Coffman, seconded by Mildred Wilkerson, that the preliminary plat of Westbrook III be denied on the basis that it does not conform to current County Sanitary Codes. The OPEN AGENDA Brown Lot Split: A motion was made by Charles Lohman, seconded by Mildred Wilkerson to approve the lot split. The Rankin Lot Split: A motion was made by Margaret Coffman, seconded by Mildred Wilkerson, to approve the lot split. The Weber Lot Split: a motion was made by Charles Lohman, seconded by Wesley Reed, to approve the lot split. The ITEM NO 5: Because no other Planning Commission members were present a motion was made by Margaret Coffman, seconded by Mildred Wilkerson to table the item to the July 10, 1991 meeting. Members voting in favor were: Coffman, Lohman, Reed, Wilkerson. Member Ernzen abstained. The Board of County Commissioners have requested a joint meeting with the Planning Commission to discuss County business. The meeting will include dinner and spouses. A date has not yet be determined. The meeting was adjourned at 10:15 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.
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