^ MINUTES OF THE MEETING OF

LEAVENWORTH
^
COUNTY
PLANNING
COMMISSION
MINUTES OF THE MEETING OF
APRIL
Meeting
called
to
Members present:
Kathy Hiatt,
order
at
7:00
Ron Ernzen,
13,
1994
pm
Charles
Lohman,
Members absent: Bill Milbourn Arrived
and Mike Weilbacher arrived at 8:10.
7:25,
Sam
Maxwell,
Warren
Carol
Gfeller
Rooker „
arrived
at
and
7:45,
Staff members present: Jim Hewitt, Sandra Day and David Mahoney, Joe Daniels
The Leavenworth County Board of Zoning Appeals was called to order
ITEM NO
Jim
l:
Hewitt
Consider BZA 94-001 request for a 60' road frontage. Located El/2
Wl/2 of The Southeast 1/4 of Section 33 Township 10 range 22.
Applied for by Clifton DeMoss. East of the Carriage Club Estates.
briefed
the
Commission
on
the
location
zoning
and
land
use
of
the
petition.
He indicated that the request was to allow the individual to
build on the tract that did not meet the required road frontage
requirements.
The access for the tract is from Douglas Rd. a road in the
/^Carriage Club subdivision.
The tract
is not part of the subdivision.
Clifton DeMoss, applicant, stated that he did not have any information to
add and that he was only planning to build one single family residence.
The
Commission reviewed the location of the proposed single family dwelling.
No
one
rose
to
speak
in
favor
of
Michael Miller, 2718 N. 64th Tr.,
request, but was concerned if Mr.
addition on the tract.
the
request.
stated that he was not opposed to the
DeMoss would be building a housing
Kathy Hiatt stated that if the applicant proposed additional housing,
would have to petition for a subdivision.
Mr. DeMoss addressed the
Commission and that he understood the subdivision requirements.
he
Carol Rooker gave the committee report and recommended that the petition be
approved.
She read into the record the findings of fact.
Sandra Day
stated that the percolation test had been completed and that she believed
that it had failed.
requirements.
The
Commission
then
discussed
the sanitation
Carol Rooker moved to approve petition BZA 94-001, a variance to allow a 60'
road frontage for development of a single family residence on a tract of
land located in the El/2 of the Wl/2 of Section 33 Township 10 Range 22,
Applied for by Clifton DeMoss, Subject, to the findings of fact. , seconded
by Ron Ernzen, the motion carried unanimously.
1
Planning
Commission
April
13,
1994
The
V
Leavenworth
MINUTES:
County
Planning
Commission
called
to
order .
A motion was made by Charles Lohman to approve the March Minutes.
Seconded by Sam Maxwell.
The motion carried unanimously.
ITEM NO 2-
Consider RZS94-003 a request for a change in zoning from R-rural
to B-3 General Business.
Located in Section 31, Township 10
Range 21.
Applied for by Sylvia Kessinger (Intersection of Hwy
16 & Hwy 90 north along 16).
Sandra
Day briefed the Commission
No
rose
one
was
to
speak
in
favor
or
on
the
opposed
location,
to
the
zoning
and
land
use.
petition.
Carol Rooker gave the committee report, she stated that the applicant
planned to construct a storage facility and that there are other larger
structures in the area.
Staff
on
recommended
the
Carol
property
Rooker
that
being
moved
the petition be
recommended for
the
record
show
conditional
platted.
that
rezoning
RZ94-003
be
forwarded
County Commissioners with a recommendation for
findings of fact. Seconded by Charles Lohman.
unanimously .
>ip^ Let
approval
that
Bill
Milbourn arrived
at
Commission
April
the
the meeting
2
Planning
to
Board
approval subject to
The motion carried
13,
1994
at
of
the
7:25.
ITEM NO 3:
Consider RZ 94-004 a request for change in zoning from R-rural to
PUD for an athletic recreational facility in Section 23 Township
10 Range 22 Applied for by Charles & Julia Fouts on behalf of the
Basehor Athletic Association. ( North Side of Donahoo Rd. )
Sandra Day briefed the Commission on the location, zoning and land use.
She also discussed with the Commission the proposed phased development of
the facility and the development of the area.
Scott Kirkpatrick, Basehor Athletic Association stated that the group was
active in locating a site for the local youth.
He further briefed the
Commission on the history of the association and membership.
This would
consolidate the activity and provide area for development.
He read into the
record a letter from the Basehor School District in support of the petition.
Kathy Hiatt then read into the record a letter from the City of Basehor in
support
of
the
petition.
Linn Savory 16568 Parallel, President of the School Board, stated that the
Board had been notified that the City will be erecting "no parking" signs
along Leavenworth Road which along fields used by the BAA.
He restated his
support
of
the
petition.
Gary Scheroder, Basehor Planning Commission, stated that the City Placing
Commission recommended to the City Council that they support the petition.
Carol Rooker gave the committee report and stated her support of the
petition.
She addressed the concern of the road existing in poor condition.
David Mahoney, County Engineer, stated that there were plans to upgrade the
road and add rock in the future. He added that with increased traffic, other
improvements would have to be considered.
Steve Foutz,
15041
Hollingsworth Rd.,
Vice president
of
the
BAA,
stated that
he had visited with Mr. Mel Sewell, County Road Superintendent, and he was
told that the County had put in three new culverts, and that adjacent
property
owners
had agreed to dedicated an additional
10'
to widen the road.
Ron Ernzen asked about sewage disposal.
Sandra Day stated that the County
Sanitary code would need to be satisfied, she indicated that a site for the
lateral field had been proposed, the specifics of the system had not yet
been presented.
Joe Daniels stated that
in light of
engineering options existed to meet the demand.
specific
Carol
recommendation for
Rooker
the
sanitation.
lacking information,
Staff did not
have a
moved that rezoning RZ94-004 be forwarded to the Board of
County Commissioners with a recommendation for approval subject to
findings of fact. Seconded by Bill Milbourn.
The motion carried
unanimously.
3
Planning
Commission
April
13,
1994
the
ITEM NO
4:
/S*^
V
Consider RZ 94-005 a request for a change in zoning from R-rural
to R-l Single Family Residence.
Located in the SW1/4 of Section
10 Township 11 Range 22.
Applied for by Anthony 8s Mary Ann Lacy.
Jim Hewitt briefed the Commission on the location,
the petition. He discussed with the Commission the
two zoning classes.
Anthony
Lacy,
16212
Evans
Rd,
Applicant
stated
he
zoning and land use of
difference between the
was
present.
Tamara Potts, 18001 166th St., stated the following concerns: traffic impact
and safety on 166th St to narrow and inadequate for the current usage;
improvement of 166th
and Evans Roads; appropriate rate of growth and
development for the area; development impact on schools.
She requested that
examples from the City of Olathe that be considered by Leavenworth County.
Ivan Zelenzack, 16678 Evans Rd. engaged the applicant in conversation
as to why he was developing.
Kathy Hiatt stated that Mr. Zelenzack's
inquires were not germane to the considerations of the Commission.
John Dystro,
18550
166th St.,
stated
his
concern regarding
traffic safety.
David Mahoney, County Engineer, stated that the recommended speed of the of
all gravel roads was 35 mph and according to the resolution signs should be
posted.
He added that keeping signs in the County is a demanding, full time
responsibility for one county employee.
Carol
of
Rooker
gave
the committee
report
and read
into
the
record
the
findings
fact.
Charles Lohman inquired about the area prone to flooding.
Mr. Lacy
that the east part of the development had flooding, but none of the
lots was in the flood plain.
stated
platted
The Commission discussed the area prone to flooding and its potential
development. The applicant indicated that there were not plans at this
The Commission discussed the
with the County Engineer.
status
and possible
improvement
of
Warren Gfeller moved that rezoning RZ94-004 be forwarded to the
County Commissioners with a recommendation for approval subject
findings of fact.
The motion Seconded by Carol Rooker
time.
166th
Board of
to the
In discussion of the motion, Warren Gfeller stated that he supported the
request. Denser developments prevent the subdivision of 10 acre lots in
other parts of the county.
He added that with concentrated development it
is easier to have neighborhood watches, provision of demand services.
Mr. Zelenzack inquired about the minimum 1 acre lot size.
Jim Hewitt
discussed with the commission the minimum lot size requirements for
subdivisions
The
motion
with
carried
both
public
water
and
sewer.
unanimously.
4
Planning
Commission
April
13,
1994
ITEM NO 5:
Consider
SUP
operation of
Range 22,
Williams.
94-003
a
request
a bed & breakfast
also
known
as
16523
for
a
Special
located
Ft.
Riley
Use
Permit
in Section
Rd.
16
Applied
for
the
Township 8
for
by
Robin
Sandra Day briefed the Commission on the location, zoning and land use of
the petition.
She added that the Commission had considered a SUP for a bed
and
breakfast
in the
same
area.
Robin Willims, applicant, submitted pictures of the structure. She stated
that she wished to preserve the history of the house and open it to the
public.
She added that it was on both the national and state historical
registries.
She would be running a two bedroom facility and would not be
operating a restaurant facility, which would require substantial
modifications to
no one
rose to
speak
Carol Rooker gave
findings of fact.
was
a
suitable
the
house.
in
favor
or
opposed
to
the petition.
the committee report, she read into the record the
The Commission discussed the location and agreed that
use.
Sandra Day gave the staff report and read
recommendations.
it
into the record the staff
Carol Rooker moved that SUP 94-003 be forwarded to the Board of County
Commissioners with a recommendation for approval subject to the findings of
fact and subject to the following conditions: i. Valid for a period of 5
years, 2.
Comply with any and all ADA regulations that may be applicable,
and 3. comply with any and all state and federal regulations that may be
applicable.
Seconded by Charles Lohman.
The motion carried unanimously.
5
Planning
Commission
April
13,
1994
ITEM NO 6:
#*\
\
Consider SUP 94-004 a request for a Special Use Permit for the
operation of a Paint Ball recreational facility located in
section 8 Township 10 Range 21 also known as 23075 219th St.
Applied
for
by
Siavash and Vahid Rezvani.
Jim Hewitt briefed the Commission on the location, zoning and land use.
added that the petition is located in the rural area of the County.
He
Vahid Rezvani addressed the Commission. He discussed with the Commission a
recent article in the Tonganoxie newspaper opposing his application.
He
added that he had visited with Sheriff Nye regarding some of the concerns
about the type of operation that would be run.
He stated infatically that
this was not a para military training facility.
He discussed with the
Commission the details of the property and the natural boundaries. He
described the game as a type of tag for adults. He added that areas of play
would be well marked and identified. He further presented a copy of the
International Paint Ball Association rules.
He discussed the game rules
with the Commission. He then described the game and showed the equipment to
the Commission.
Mr . Rezvani stated that they intended to rent and control all equipment on
the property.
He added that they would forbid any real guns and firearms
from the property.
He added that this type of game teaches players about
their surroundings and to be aware of their surroundings.
He indicated that
he believed that it is a positive sport and that he would be creating jobs.
rMr.
Rezvani, addressed the safety issues and presented information
supporting that the proposed sport is one of the lowest incident of injury.
He stated that the rate of injury per 1000 is less than handball and
fishing.
The Commission discussed with Mr. Rezvani if the rules presented
or from the IPBA.
Mr. Rezvani discussed with the Commission the
equipment and other general rules that applied to the game.
No
one
rose
to speak
in
favor
of
were is
safety
own
the petition.
Benjamin Phillips, Phillips construction, stated that he had in progress a
subdivision at 211th
Dempsey Rd.
He stated that he was opposed to the
application in a growing neighborhood. He was concerned about the public
assumption of the petition and its affect on development of the area.
He
further addressed concern about traffic on 219th between the area and the
Tonganoxie high school.
Kathy Hiatt discussed with the Audience the ability to place conditions on
special use permit and that the permit could be revoked if the conditions
were not met if the petition were approved.
Harold Bernard, 21311
neighborhood and that
Margaret
,
Dempsey Rd. , stated that the area is a quiet
the additional traffic would be unwelcome.
23465
219th
/^\ opposed to the application.
St.,
stated
that
she
and
April
13,
1994
6
Planning
Commission
her
husband were
a
Charles
because
Wood, 23218 219th
of the commercial
St., stated that he was opposed to the application
nature of the business located in a farming and
residential community.
The traffic was also an issue of concern.
He asked
for a show of hands of those individuals opposed, most of the audience
indicated that they were opposed.
Scotty Brisgill, 21662 Fairmount Rd., indicated that they rented their
property for agricultural purposes and stated that she was concerned about
the activity disturbing the animals.
She indicated that she was concerned
about the natural wildlife in the area, opposed to the draw of traffic from
Kansas City and other cities, and concern about safety and crime.
Edith iiongold, 23158 219th
to the petition because of
Virginia
type
of
Murphy,
people
St., stated that she and
the increased traffic.
23462 Dempsey
that
would
be
Rd.,
stated
attracted
to
that she
the
her
husband
were
opposed
was concerned about
the
business.
Frank Wood, 23214 219th St., stated that he was opposed to the
because of the agricultural traffic congestion and speeding.
petition
Lawrence Gray, 23102 227th St., Lt. Tonganoxie Fire Department, stated that
he was opposed to the petition because of the nature of the game.
He
indicated that the property was treacherous and that it would take 17 to 20
minutes if emergency services were needed.
Individuals could become
disoriented and wondering off the property.
John Bresgill, 21662 Fairmount
type of game to be played.
Rd.,
indicated
that
he
was
opposed
to
the
Terry Greenly, 23752 219th St., stated that he and his wife were opposed to
the petition.
He stated that they were not opposed to the use or
businesses.
He indicated that the petition belonged in a commercial area.
He added that he was concerned about the traffic. He stated that this would
be accessible to college age kids who can drink and cause other problems.
He also addressed safety and emergency response issues as concerns.
Margaret
game and
Nuby, 23465 219th St., indicated
one "was almost killed."
that
family
member
have
played
the
Herb Nye stated that he was present to observe the proceedings.
He stated
that he spoke with the petitioner and the Planning Director regarding
concerns including a possibly unsavory element coming.
He indicated that
the concerns he did have had been alleviated after discussion with the
applicant and the Director .
Frank Wood, 23214 19th St., stated that the area is not patrolled.
He added
that it may be possible to patrol what goes on in the facility, it is
impossible to patrol the area outside. He expounded upon the drinking issue
and stated that underage drinking is a problem.
Mr. Rezvani gave a rebuttal.
He stated that underage drinking needed to be
addressed, and that it would not be allowed on the property.
With regard to
traffic, he indicated that other land uses (a subdivision) could generate
7
Planning
Commission
April
13,
1994
high level of traffic.
weekends
and
was
not
He added that the operation would be on the
an
issue.
He discussed how the property would be bounded and marked for play.
He
added that the natural characteristics of the property was also a boundary
and 9 acres of land had been dedicated for a buffer zone between the play
area and the property lines. Mr.
could not shoot that distance.
Mr. Rezvani pointed out that
arguments had been used.
He
Rezvani,
indicated that
the pellet
guns
both rural preservation and growth development
inquired about what the nature of the area was.
Mr . Rezvani addressed opposition to the nature of the play and stated that
he was not opposed to the activity.
He further addressed the regional
nature of the facility.
He stated that he believed that the he would be
attracting local draw.
He stated that there are facilities in Kansas City.
He further addressed the traffic issue and stated that traffic to the
facility would make two trips, arrival and departure.
Mike Weilbacher asked about the protective ware.
Goggles are required, but
any type of clothing is acceptable.
Mr. Rezvani challenged anyone to hit a
golf ball through the trees on the property.
He pointed out that the pant
balls break upon impact.
He added that the paint is environmentally safe.
Mike Weilbacher inquired about the length of the game.
Mr. Rezvani stated
that one game is about one hour in length and three to four games to be
played at one time.
He added that referees would be trained and present for
the games.
Mike Weilbacher
asked about
and are friends and relatives are on
about the Cost. He was informed that
the team size.
About 7
to
15 people
the same teams.
Mike Weilbacher
it would be 25 to 35 dollars.
asked
Warren Gfeller inquired about the sanitary facilities.
Mr. Rezvani stated
that portable on site facilities would be used and serviced by licensed
operators.
Gfeller
His
son
would
inquired about
be
the
living
in
the
house
on
the
employment opportunities.
property.
Mr.
Rezvani
Warren
indicated
that 3 to 5 new jobs would be created.
He added that the primary hours of
operation would be on the weekends and that the game has been used by major
corporations for team building. He stated that special arrangement would be
made for groups during the week days.
Play would be by reservation or open
for a short period prior to the start of a game.
The Commission discussed
open play and the traffic.
Warren Gfeller inquired about the insurance.
Mr. Rezvani indicated that
there are specialized carriers.
Warren Gfeller inquired about how the
property would be considered for tax assessment.
Staff had no commend.
Warren Gfeller asked about the subdivision.
Mr. Phillips indicated that
was a platted subdivision.
The Commission discussed the location of the
subdivision.
The
Commission discussed
the
proprieties
notified and
how
many
had
it
houses.
Mike Weilbacher
inquired about the response time to Mr. Gray's house.
Mr.
Gray indicated that it would take about 12 minuets.
The Commission
discussed why it would take longer to get to Mr. Rezvani's property.
Mr.
8
Planning
Commission
April
13,
1994
#^
\
Gray indicated that
the time included rescue.
Mr. Rezvani indicated that
it takes about 10 minuets to get to the County Annex.
He added that
communications would be provided.
Mr.
Lohman inquired about the game.
Mr.
Rezvani stated that it was a game
of process of elimination, or capture the flag. The Commission further"
discussed
the details of
how the game
is played.
Carol Rooker gave the committee report and indicated that the property is
as described.
She conceded that there were issues presented by the
neighbors that needed to be address.
She read into the record the findings
of fact.
She added that it would be possible to approve the permit.
Jim Hewitt gave the staff report and redirected the discussion to a
land
use issue.
He indicated that the request is for a regional recreational
facility that would draw from a larger area than just the local area.
He
added that given that it is located on a local road it is not a recommended
area for a regional facility.
The petition is for an area outside of the
suburban growth areas and has been designated for the protection of
agricultural and low density residential. He recommended that the Commission
recommend denial.
He then discussed with the Commission action options,
including a recommendation for approval with conditions described in the
staff
report.
The Commission discussed the three growth areas and locations of the
primary, secondary and rural growth designations.
The Density was described
as minimum 5 acre tracts.
Mike Weilbacher asked for clarification of
density.
Jim Hewitt indicated that courts have uphold decision that 5
acres as a reasonable minimum
requirement.
He further discussed the fact
that density is also a matter of perception.
The audience interjected
comments
about
the development
of
the
area.
Warren Gfeller asked if the regional argument stood even for a golf course.
Jim Hewitt replied that given the access road and location he would
make the same recommendation for the application, golf course, ball
diamonds, etc.
He added that he biggest concern is access.
Ron Ernzen discussed with staff the approval of the Basehor request and the
access.
He added that he was concerned about the president set by approving
the previous
application
and discussions
of
the
road.
Warren Gfeller stated that he believed that operation would be run
professionally, he wished to consider the compatibility.
He stated that
with regard to the traffic impact it would not be significant.
He stated
that he would like additional information.
He stated that he did not
believe that
seen
in
it would draw any more people from Kansas City then are already
the area.
opportunity
He
to gather
discussed
additional
continuing
the
meeting
to
Warren Gfeller moved to continue the public hearing to the
commission meeting on May 11, 1994 at 7=00 P.M. to further
seconded by Mike Weilbacher.
Charles Lohman voted against
/^> motion carried with 7 affirmative votes and one against.
9
Planning
have
the
information and make a personal
Commission
April
13,
1994
site
visit.
regular planning
study the issue,
the motion, the
ITEM NO
7=
Discussion
of
Subdivision
requirements
Tabled
until
ITEM NO 08:
the May
Amendment
11
proposed
amendments
regulations regarding
and
sanitation
and
to
the
Leavenworth
subdivisions,
related
County
road
development
issues.
Planning Commission meeting
to
the
Leavenworth
County
Planning Commission
By-laws.
Jim Hewitt discussed with the Commission a proposed second monthly meeting
for study and going to all evening meetings.
The Planning Commission
discussed how the second study session meeting would be structured.
Jim
Hewitt stated that the items presented at the study sessions would not be
public
hearing
items,
but
policy and code
considerations.
The Commission then discussed alternatives to structuring meetings.
Warren
Gfeller stated that some of the policies were related to the Comprehensive
plan. He indicated a concern for the lack of commitment to resources.
Jim
Hewitt stated that he had discussed it with the County Commissioners.
Jim Hewitt pointed out that the Commission need time for review and
discussion items.
He followed up with a discussion of how staff information
was prepared and if it was adequate for the Commission.
The Commission discussed the lack of time for both the Commissioners and the
staff.
The Commission discussed the appointments and vacancies of the
commission. Jim Hewitt asked the commissioners to re-examine their
commitment to the Commission.
They further discussed the time requirements
and the structure of the commission including a type of rotating commission.
Warren Gfeller asked if someone could be appointed to attend the public
hearings and do the background research work.
Jim Hewitt stated that it was
possible to set up permanent and ad-hoc committees.
Recommendations would
have to go from the Planning Commission to the Board of County
Commissioners.
Ron Ernzen suggested starting the study session an hour earlier.
The
Commission discussed this proposal. They discussed setting up special
committees for subdivision review, special use permit reviews and rezonings
and a comprehensive plan review committee.
Sandra Day pointed out that establishing new committees at this point may
loose continuity of the Commission since a number of the existing board
members would be retiring in June of this year.
The Commission further
discussed the time requirements.
Gary Scheroder, Basehor Planning
utilize those boards for review.
Jim Hewitt discussed
evening meetings.
Carol
Rooker
moved
with
the
to amend
Commission, suggested that the
The Commission discussed this
Commission
the
moving
Leavenworth
the
County
winter
meetings
evenings.
Seconded by Mike Weilbacher.
Motion carried unanimously.
10
Planning
Commission
April
13,
to
Planning Commission
#"*\ By-laws so that the 4 winter meetings would be conducted in the
^
Commission
option.
1994
OPEN
AGENDA
***** Lot
/
ADMINISTRATIVE
Spilt
for
BUSINESS
Edmond & Alice
Theis Section
24,
Township 8 Range
Sandra Day briefed the Commission on the location and description of
proposed lot split. Staff recommended that the split be approved.
Mike Weilbacher moved to approved the lot split,
The motion carried unanimously.
***** Lot
Split
for
Pat
English Section
29
the
seconded by Sam Maxwell.
Township
9
Range
22.
Jim Hewitt briefed the Commission on the location and description of
proposed lot split.
Staff recommended that the split be approved.
Mike Weilbacher
moved to approved
***** Lot split
for
The motion carried unanimously.
Range
the
Kenneth Risley &
lot split,
George Roll
21.
the
seconded by Sam Maxwell.
Section
26 Township
11
20.
Jim Hewitt briefed the Commission on the location and description of the
proposed lot split.
He added that the County Engineer reviewed that plat
and that errors were identified in the legal descriptions and that the lots
did not close do to an original error in the original tract description.
j\ Staff recommended that the lot split be approved contingent upon the
\
correction.
David Mahoney,
and
if
there
County Engineer
was a
margin of
discussed
the situation with
error.
the Commission
Mike Weilbacher moved to approved the lot split contingent upon the
corrections being made. Seconded by Carol Rooker.
Motion carried
legal
unanimously.
Jim Hewitt briefed the Commission on a soils assessment class that would be
conducted in April and asked any Commissioners interested in attending to
please contact the Planning Office by Monday for reservations.
The
meeting was adjourned
ALL
THE
OFFICIAL
FILES,
SUBMITTED
at
11=00 p.m.
MAPS AND OTHER DOCUMENTS SUBMITTED AT THIS MEETINGS,
TAPE RECORDING ARE MADE A PART OF THESE MINUTES.
FOR
APPROVAL
THIS
DAY
H.
APPROVED
THIS
James
DAY
OF
OF
MAY,
Hewitt,
MAY,
1994
Secretary
1994
\
Kathy
Hiatt,
Chairperson
11
Planning
Commission
April
13,
1994
ALONG
WITH