MINUTES OF THE

SHAWNEE COUNTY PLANNING COMMISSION

 

Monday, April 13, 2009

Shawnee County Annex

6:46 PM

 

 

Roll Call and Announcement of Hearing Procedure:  Dave Macfee, Chairman, called the meeting to order, reviewed the hearing procedure and asked that roll call be taken. 

 

Members Present:  Bruce Henriksen, Kurt Young, Chris Bortz, Nancy Johnson, Mike Murray and Dave Macfee.  With six members present a quorum was established and the meeting was called to order.

 

Members Absent:  None.

 

Staff Present:  Barry T. Beagle, Planning Director, Gloria Obregon, Administrative Assistant, and Ken Delaughder, Legal Intern to County Counselor’s Office. 

 

Approval of March 09, 2009 Minutes, Public Meeting:  Minutes of the March 09, 2009 public hearing were approved with a motion by Mr. Henriksen, second from  Mr. Young and a unanimous voice vote. 

 

Communications:  Mr. Beagle stated there were communications that he would address as the agenda item comes before commission members.

 

Ex Parte Communication by Members of the Commission:  Mr. Bortz stated he received a phone call at his office regarding Bettis Asphalt plant, which commission members previously ruled on, but since he works for KDOT he referred the caller to another staff member.

 

Declaration of Conflict of Interest by Members of the Commission or Staff: Mr. Bortz stated as he is an employee of the Kansas Department of Transportation (KDOT) he would recuse himself when the item comes up for discussion.

 

Public Hearing:

 

Staff Reports

 

1.    VA09/01SB by 5300 Inc (Baby Dolls) requesting to vacate 2 portions of a 30 foot building setback at 5300 SW Topeka Boulevard in Topeka Township.

 

Mr. Beagle presented the staff report stating the applicant is seeking to vacate 2 portions of a 30 foot platted building setback line that is presently zoned I-1 “Light Industrial District” and located at 5300 SW Topeka Boulevard. 

 

The vacation is sought to eliminate the encroachment of the main building and an accessory storage building.  The subject property was originally platted in 1991 under the name of Todd Subdivision, which consists of a two (2) lot subdivision and established a 30 foot building setback line along both SW 53rd Street and SW Topeka Boulevard.  At that time a building permit application was filed to construct a 75’X100’ main building on the property, which was granted and found to be compliant with the setback line. 

 


 

Sometime in 1994 a 20’X55’ addition was constructed without a building permit on the north side of the building, and subsequently was found to have a 10 foot encroachment into the platted building setback line.

 

In the fall of 2008, again without a building permit, a 14’X30’ storage shed was placed on the property in front of the main building that also encroaches into the 30 foot building setback line along SW 53rd Street.  The Shawnee Heights Fire District brought the matter of the storage shed to the attention of the Planning Department who then contacted the applicant to notify them they needed a building permit for the storage shed.  The submittal of the building permit application brought to the forefront the fact that the storage shed encroaches into the platted building setback line and it was identified the addition to the main building also encroaches into the setback line. 

 

The building permit application for the storage shed was rejected and the applicant was advised they would need to either relocate the building or seek to vacate the platted building setback line, which is before commissioners tonight for their consideration.

 

There are 2 components of the requested vacations members will be addressing.  The first part is the encroachment into the platted building setback of the main building addition that is 15 years after the fact.  Considering the condition in which the addition to the main building was constructed and the lack of a demonstrated site condition that would have prevented compliance, staff does not support the request for vacation.  There is no eminent danger or peril associated with the encroachment of the addition and it is doubtful the county will require removal the offending section, but if the building suffers a loss, be significantly damaged, or the applicant voluntarily removes the section, it cannot be rebuilt, except to be in compliance with the 30 foot setback line.

 

The second component is the requested vacation of the accessory building that is 12 feet into the platted building setback line and is not permanently anchored.  The Planning Department cannot find a condition associated with property that would prevent compliance with the 30 foot setback line and is not recommending approval of the vacation for the shed.  In conclusion, staff is not recommending approval of the vacation for the addition to the main building nor the storage shed.

 

Mike Bohn, 5300 SW Topeka Boulevard, Topeka, KS 66609 is the General Manager for 5300 Inc and the applicant.  Mr. Bohn asked commission members to address the 2 vacation requests as 2 separate issues as the encroachment with the building addition is 15 years old, and he has only owned the property for 4 years.  Mr. Bohn said he included the request for the vacation to the main building to comply with requirements and understands if there is damage to that portion of the building he would not be able to rebuild it, however, the county is not seeking action to remove it.   Mr. Bohn said his main concern is the storage shed as it serves as a record storage building.  The necessity to place the shed in its existing place was due to the layout of the building and its offices which sit on the northwest corner of the building and the shed provides direct access for their records.  He also provided information as to why the other locations on the property were not desirable to place the shed.  He said he was not aware he needed to secure a building permit for the shed and would like to keep the storage shed where it exists today.

 

Ms. Johnson questioned Mr. Bohn as to when he purchased the property and if he had a legal description of the property.  Mr. Bohn said he was not employed by 5300 Inc when the property was purchased, which was approximately 4 years ago and was sure the company had a legal description.  Mr. Bohn stated the gentleman that owns the property also owns KanBuild Inc. in Osage County and when the need for a storage shed came up, one was built and brought to 5300 Inc and placed on the property.  Upon a fire inspection Mr. Bohn learned that he needed a building permit for the shed and through the building permit process the encroachment of the shed was discovered.  After learning a building permit would not be issued Mr. Bohn then submitted his application for the vacation of the main building and the storage shed to try to become compliant.  Mr. Bohn also explained that ease of access to the storage shed is the primary purpose in keeping it at its present location and he could place it behind the main building but the grade of the parking lot in the back would take extensive work.

 

The Chairman opened the public hearing and asked if anyone was present to speak in favor or opposition to the proposal.  There were no members of the public to speak in favor or opposition, therefore, public hearing was closed.

 

Mr. Young stated commission members have had these issues come before them in the past and have taken the position the vacations do not benefit anything in the long run, and he feels the request for the 2 vacations can be addressed in one action and he would be voting to deny the setback vacations for both items.

 

Ms. Johnson said it is hard for her to believe that businesses are not aware they need building permits and she would also be voting to deny the vacations.

 

Mr. Henriksen said the storage shed looks as it could roll into the ditch at present and would be voting to deny the vacations as well.

 

Ms. Johnson motioned to Disapprove the vacations, second by Mr. Young, but before a vote was taken Mr. Bortz motioned to vote on each vacation separately. After further discussion Mr. Bortz then offered an amended motion to act on the main building vacation first, then act on the second vacation request.  There was no second and the amended motion died.

 

Mr. Macfee stated commission members would be voting on the original motion which meant a Yes vote would be for Disapproval of both vacations and the storage shed would have to be moved.  With a vote of 6-0-0 the Planning Commission recommended Disapproval of both vacations.

 

Commission members took a break at 7:13 pm and reconvened at 7:18 pm.

 

2.    CU09/02 by Kansas Department of Transportation requesting a Conditional Use Permit to establish a public use facility on property currently zoned “RR-1” Residential Reserve District and located at the southeast quadrant of SE K4 Highway and SE US 40 Highway in Tecumseh Township.

 

Mr. Bortz announced he works for the Kansas Department of Transportation and will recues himself from participation in the KDOT Conditional Use Permit.

 

Mr. Beagle provided the staff report stating the request has previously come before commission members requesting a Conditional Use Permit to establish a public use facility, a highway maintenance and storage facility located at the SE corner of US 40 Highway and K4 Highway.  The original hearing date was February 09, 2009 and after receiving public comment the agenda item was continued subject to the applicant addressing 3 specific points, one being that KDOT explore the possibility of reducing the site area, they relocate the aggregate stock pile, and explore the possibility of enclosing all structures within the equipment and materials storage yard.  KDOT did not have enough time to respond to the 3 areas of concern by the March 09 public hearing, so the item was continued to tonight’s public hearing. 

 

KDOT submitted revised materials on March 16, 2009 that provided for changes in the plan which are summarized below:

·         The initial plan was for the location of an aggregate stockpile are at the south end of the property as KDOT felt it was the most advantageous to minimize visibility and the area has been previously graded to accommodate its use. Addressing the requested change KDOT has identified another location to the northwest which is closer in proximity to K4 Highway and it is possible they could grate into the hillside and construct an earthen berm along the north side of the aggregate stockpile area.  KDOT has also agreed to provide for vegetative plantings along the north and west side of the stockpile.

·         The relocation of the aggregate stockpile has reduced the site from 30 acres to about 20 acres.

·         The equipment and materials storage yard provided for 4 structures which included an equipment storage building, brine maker, salt dome and material bunker that were identified as being located within an enclosed structure.  On the east side there is a wood and steel post rack, hopper rack and tail gate rack that were unenclosed improvements.   In response to commission members comments KDOT has revised the plan to extend the equipment building by incorporating the wood and steel post rack within the structure, which adds another 60 feet to the building.

·         KDOT has combined the hopper rack and tail gate rack into a single structure that would have a reduced length and oriented perpendicular to K4 Highway versus running parallel as it was originally proposed.  KDOT has noted it is not possible to enclose the hopper and tailgate rack into a structure because of the cost factor and functionally and it would be difficult to gain access to the tailgate and hopper rack, so they would remain as unenclosed structures.

·         KDOT has also agreed to provide for tree plantings between K4 Highway and the back side of the storage buildings.

·         KDOT has indicated the following construction sequence:

o   The main shop building will be constructed first.

o   The balance of the property including the aggregate stockpile area would be constructed over time depending on KDOT’s resources and facilities to get the work completed.

o   The span of construction would defer tree plantings they have agreed to provide.

 

The principal issue is the land-use relationship between the proposed improvements as a semi-commercial and industrial use and its relationship to the adjoining highway system and the potential affect on the development of adjacent properties.  Staff is recommending Approval of the proposed revisions and the Conditional Use Permit subject to conditions outlined in the staff report.

 

Mr. Beagle concluded by stating staff had recommended the planting of Austrian Pine trees, but it has been brought to his attention there is a pine tree blight so KDOT is requesting an alternate tree planting of Southwestern White Pine, which staff has agreed to.

 

Jaci Vogel, District 1 Maintenance Engineer for the Kansas Department of Transportation, 121 SW 21st Street, Topeka, KS 66618 presented comments to commission members.

 

Ms. Vogel stated the Westgate Subarea which they are proposing will encompass an area of responsibility consisting of northeast portions of Shawnee County and a southwestern portion of Jefferson County.   A main reason to relocate the subarea from I-70 and SW Gage Boulevard to the proposed location was due to the construction of the Oakland Expressway and the East Topeka Interchange, which added 19 lane miles of new roadway east of Topeka and the Oakland Expressway added16 lane miles of new roadway.  Ms. Vogel states the roads are high priority which they must respond to in functionality and respond quickly for accidents, snow removal and other incidents and the new location will improve their response time to better serve the public.  The proposed location will also provide easy access to the highways they maintain.

 

Ms. Vogel displayed several slides that illustrated proposed structures and the layout of the subject property.  She also indicated where the earthen berm would be placed that would provide a 10 foot visual protection as well as plantings on top of the berm for further screening.

 

Mr. Larry Rohr, Maintenance Superintendant for KDOT spoke commenting on the equipment that would be stored at the proposed site.   Mr. Rohr presented slides that pointed out the location of a 40 X 70 building that would house their salt and sand storage bunker, next to that would be a 70 X 70 salt dome, and next to that would be a 15 X 45 pad to be used as a salt brine maker.  Mr. Rohr explained the need to have the buildings in close proximity and how some equipment could not be completely enclosed due to the functionality of operations.  In the end, one building was turned perpendicular to the highway to reduce the footprint of traffic that is seen on K4 Highway as well as other changes to minimize the appearance of the structures from the highway.

 

Ms. Vogel stated KDOT would not be storing any materials or equipment at the site until the buildings have been constructed to enclose materials or equipment as construction will take place in various phases.  Ms. Vogel said she also wanted to clarify staff conditions as follows:

·         Condition #2, b. & c. – Verified the use of White Pine tree or something less susceptible to blight be used for screening as well as a deciduous tree be planted along the back of the building.

·         Condition #2, e. – Revise the Conditional Use Permit decreasing the subject property from 29.8 acres down to 20 acres, which KDOT agrees to.

·         Condition #2 a. – “no portion of the property will be used for the open and unenclosed storage of equipment, materials, and supplies.”  Ms. Vogel said KDOT has made great efforts to enclose everything they can, but they do not believe they can store aggregate material undercover, but the view will be minimized by screening.

 

Mr. Beagle stated the terms “materials and supplies” were meant to be an all inclusive term to indicate items such as rolls of chain link fence, posts, signs, etc would not be stored in the storage yard and when the equipment and storage yard is built most everything would be kept under cover throughout the day, except for what is actively being worked on.  Ms. Vogel said she would not have a problem with Mr. Beagle’s interpretation and once all the buildings are constructed the aggregate will be in the aggregate storage location, and all materials and supplies that KDOT will use will be stored in the equipment and storage building or under the bunker or in the hopper rack.  Mr. Beagle commented that he was expressing that nothing will stored within those respective areas until the areas are physically built and after further discussion, Mr. Beagle and Ms. Vogel were in agreement to the condition.

 

Ms. Johnson asked for clarification as to what activity would take place at the site during the 3-4 year construction span as she understood the I-70 and SW Gage Boulevard site would still be used.  Ms. Vogel said it is not an ideal situation, but construction will take place as finances are available and construction of the first building (subarea shop) would be to accommodate offices and a garage where staff will report to work and park and wash their dump trucks and report their time. 

 

Mr. Rohr commented the small facility at K4 Highway and NE Seward Avenue would also be used temporarily as it supplements the facility at I-70 and SW Gage Boulevard.  Discussion ended with the determination that there would be an approximate 3 year span for all construction to be completed.

 

Ms. Johnson verified with KDOT the proposed site will be esthetically appealing as one enters Topeka as the entrance to the city is a part of the Visioning Process that was previously discussed at the prior public hearing. Mr. Beagle relayed there is the expectation that as plantings wither they would be replaced with by healthy ones to maintain a visually esthetic buffer.

 

Chairman Macfee opened public hearing asked if anyone was present to speak in favor or opposition to the proposal and with no one present the public hearing was closed.

 

Mr. Murray said he believes KDOT has been responsive, but there should be notation stating equipment or other items will not be stored at the site until the buildings are built and as there is no opposition to the proposal it should be approved.

 

Mr. Macfee motioned to amend Condition 2 a. indicating that no portion of the property with the exception of the aggregate stockpile would be used for open and unenclosed storage of equipment/storage and supplies.  Mr. Beagle relayed his recommendation to change the plan note indicating “no portion of the property with the exception of the aggregate stockpile area and hopper rack will be used for the opened and unenclosed storage of equipment, materials and supplies.”   Mr. Macfee agreed, the motion was second by Mr. Murray and the Amendment to Condition 2 a. was Approved by a vote of 5-0-1. (Mr. Bortz abstained and out of room)

 

Ms. Johnson motioned to amend Condition 2 b. to substitute Austrian Pine trees with Southwestern White Pine trees.  After discussion between staff and commission members it was determined the note would be amended to state “Southwestern White Pine in lieu of Austrian Pine or comparable species” which would provide a range of trees that could be used for planting.  The motion was second by Mr. Murray and the Amendment to Condition 2 b. was Approved by a vote of 5-0-1.  (Mr. Bortz abstained and out of room)

 

After discussion of Condition 2 c. Mr. Macfee motioned to amend Condition 2 c. noting the identification of 4 foot minimum deciduous or evergreen trees, second by Ms. Johnson and the Amendment to Condition 2 c. was Approved by a vote of 5-0-1.  (Mr. Bortz abstained and out of room)

 

Mr. Young motioned to approve all recommendations of the CUP with the previous amendments that were just approved, second by Ms. Johnson and the Amended CUP was Approved by a vote of 5-0-1.  (Mr. Bortz abstained and out of room)

 

3.    CU09/04 by Waste Management of Kansas, Inc requesting a Conditional Use Permit to establish a private utility facility to convert landfill gas to energy on property zoned “RA-1” Rural Agriculture District, located on the north side of NW 70th Street and approximately one-half mile west of US 75 Highway in Menoken Township.

 

Mr. Beagle stated the applicant requests to establish a private facility to convert landfill gas to energy on a five (5) acre site that adjoins Rolling Hills Recycling and Disposal facility.  The item was originally scheduled to appear at the March 09, 2009 public hearing, but in advance, the applicant requested a continuance to further meet with area property owners and discuss their issues and concerns. 

 

Waste Management of Kansas, Inc will be diverting landfill gas, mainly methane, which is produced as a result of the landfill process and converting it into renewable energy.  It is estimated the operation will generate approximately 2,034 cubic feet per minute of landfill gas which is recoverable and will give them a quantity that is expected to last through the year of 2072.  The proposed power plant will consist of 9,500 square feet and will generate approximately 5.5 megawatts per hour of electricity, which could power an estimated 3,400 residences. 

 

The applicant is committed to a revised site plan that was submitted on April 02, 2009, and Mr. Beagle presented slides that detailed the revisions the applicant has made.

·         Waste Management will be cutting into a hillside to lower the elevation of the power plant relative to NW 70th Street and the opposing residential properties south of NW 70th Street.

·         The applicant will provide for the plating of an 8 foot earthen berm along NW 70th Street and a portion of the west property line which will include deciduous evergreen trees to serve as buffer for properties on the south side NW 70th Street.

·         Access has been realigned from the original proposed access point of NW 70th Street to now come internally from within Rolling Meadows Landfill, and there will no longer be a direct point of access from NW 70th Street.

·         The previous proposal of a monument sign that was to be erected along NW 70th Street will be eliminated due to the internal realigned access.

·         Motion sensor lighting of the plant will help diminish the affect of exterior lighting for area residents.

 

The Planning Department supports the proposal, especially due to the revisions that Waste Management has now offered.  The establishment of a lower finished floor elevation for the plant and the construction of a vegetative earthen berm to further minimize the view from surrounding neighbors  are two issues that strengthened the request for the Conditional Use Permit.  Waste Management has also set the proposed plant back 500 feet from NW 70th Street.  With the proposed terms of Waste Management staff is recommending Approval subject to the conditions outlined in the staff report.

 

There were no questions of staff from commission members.

 

Mr. Joe Durako, 601 Madison Rd., E. St. Louis, IL, 62201, spoke to commission members as the representative for Waste Management Inc.  Mr. Durako provided slides, one depicting the design of the plant and others displaying the process of converting landfill gas to energy.  He also explained the plant will comprise an office, small shop, compressor room, engine bay, tank room and a control room.  The plant will produce renewal energy of approximately 6 megawatts of electricity, which is enough to power an estimated 4,000 homes and Waste Management has an agreement in place with Westar.  Mr. Durako revisited the concessions Waste Management made in meeting the property owners to address their concerns and issues and told commission members the new plant will require an investment of seven to ten million dollars.  Construction is expected to begin sometime in July 2009 and they hope to finish by the end of the year or first quarter of 2010.

 

Chairman Macfee opened public hearing for comments in favor or opposition to the proposal.

 

Ms. Marilyn J. Zinn, 4127 NW 70th Street, Topeka, KS 66618 spoke in favor of the Conditional Use Permit and said she was in favor of renewable energy and hopes commission members vote “yes” to the proposal.

 

No one was present to speak in opposition to the proposal and public hearing was closed.

 

Ms. Johnson commended the efforts of Waste Management in working with area residents and was impressed with the operation.

 

Mr. Bortz and Mr. Macfee both liked the idea of renewal energy through a private investment by a private company.

 

Mr. Henriksen motioned for approval, second by Mr. Young and by a vote of 6-0-0 the Planning Commission recommended Approval subject to staff conditions.

 

4.    CU09/05 by Meier’s Ready Mix, Inc. requesting a Conditional Use Permit to establish a land-based sand extraction facility on property currently zoned “RR-1” Residential Reserve District and located along the south side of the Kansas River approximately 3,100 feet north of the NE Belmont Road and NE Kincaid Road intersection in Tecumseh Township.

 

Mr. Beagle presented the staff report stating there is already an existing sand extraction operation and the proposed Conditional Use Permit (CUP) is associated with existing operations and will provide for expansion of the operation.  The applicant is requesting the CUP to establish an off-river sand extraction operation for a 177 acre site. Through lease arrangements with the Helen M. Winters Trust, Meier’s Ready Mix will be the operator of the facility. 

 

Meier’s currently operates 4 different pit areas which comprises about 230 acres that is located adjacent to the subject property.  Each pit is nearing completion with the exception of one (1) site that is located adjacent to the Kansas River, which they have recently commenced on river sand extraction operations.

 

The proposed operation will be an expansion of the exiting west pit, which predates Shawnee County Regulations, so there is no Special Use Permit in place and as the area nears completion the expansion will occur to the north and northeast of the subject property.  The expansion will bring the changes of:

·         Within the west pit area there is an existing sand processing plant and with the expansion into the subject property the applicant will relocate the plant from its current location to the adjacent parcel immediately to the east. 

·         In conjunction with that they will also relocate the existing scale that is currently located along NE Downs Road to the southwest corner of NE Kincaid Road and NE Briar Road.

·          The internal haul road currently at NE Downs Road and NE Belmont Road will shift to the southwest corner of NE Briar Road and NE Kincaid Road, creating a new internal haul road that will become the main point of access in and out of the operational area.

·         The existing plant at NE Belmont Road and NE Downs will cease to use used.

 

The proposed expansion will generate an estimated 10 million tons of material at the current rate of production of 200,000 tons per year and will have an operational life of approximately 50 years. 

 

There is an existing dense vegetative buffer and native tree stand that runs along the Kansas River and encompasses around 71 acres that will be set aside as a riparian buffer somewhere between 200 feet to 800 feet in width.  Along property lines there will be a 100 foot setback and within the setbacks there will be no active extraction operations or stockpiling of materials. 

 

The area is remote and somewhat isolated whose only means of access is via NE Kincaid Road and the area is predominately east of the North Topeka Levee, which establishes the boundaries of the floodway of the Kansas River.  The area is designed to flood during a flood event and because of that condition the area will be primarily used as a surface type of operations that would include land filling as well extractions.  Based upon the established pattern of land use the proposed expansion is not expected to be in conflict of area properties.  The hours of operation will be restricted from 7:00 am to 5:30 pm, Monday thru Saturday, year round except for icing conditions.

 

In summation the area of proposed expansion will only be used for the extraction operation and the sand plant, scale house, etc will be outside the proposed expansion within the area of the existing pit operations.  During the life of the expansion the bulk of operational headquarters will be within the existing pit area where they will maintain their equipment.

 

Staff is recommending Approval subject to the eight conditions in the staff report.

 

Mr. Beagle stated he had received two communications.  One communication was from Kansas Wildlife and Parks and in their review stated by maintaining the setbacks as indicated they did not feel the operation would affect wildlife habitat.  The second communication was from the Kansas Department of Health & Environment (KDHE) stating there is a Topeka landfill whose exact location is unknown, but was informing the Planning Department that landfill is present and with the indicated setbacks the operation should not get into the old landfill.  KDHE also declared that if  landfill material is encountered, KDHE must be notified for mitigation measures to be applied.

 

Mr. Macfee asked Mr. Beagle of the rumors that there were barrels of solvent buried in another location.  Mr. Beagle stated there are no records to identify they do exist and specifically where they could be buried, but Meier’s assumes the responsibility of contacting KDHE if that incident were to occur.

 

Mike Engler of Bartlett & West Engineering, 1200 SW Executive Dr., Topeka, KS 66615, representative for the applicant stated Meier’s Ready Mix would be the operator of the property and the majority of the property is owned by the Helen Winters Trust and the easterly bootleg is owned by Meier’s Ready Mix.

 

All of the current sand extraction operations in the area are being operated by Meier’s Ready Mix and the Conditional Use Permit (CUP) is an expansion of the existing pit, not an expansion of the operation, but is an extension of the operation.  The extended pit will simply allow the operation to run for a longer period of time to provide for the community’s use.  The Corp of Engineers is encouraging companies to do this type of sand extraction as they do not like extraction from the river, however, the Corp did approach Meier’s asking them to extract sand from the east side of the river after flooding a couple of years ago.  The amount of sand taken from the river is tightly controlled and monitored by the Corp of Engineers and is not a daily activity. 

 

Mr. Engler stated he had provided letters to staff outlining the provisions that would be made to the plan that was originally submitted.  Mr. Engler also said the area has been designated as a potential Bald Eagle habitat area and the State of Kansas likes to protect trees of any size and quantity of trees within 300 feet of the river bed.  At the boot leg part of the area there are not any trees within 300 feet of the river bed but their increased setback assures Parks & Wildlife they will not disturb any potential habitat.

 

The applicant was not originally aware of the old City landfill and understands if landfill material is found they will contact KDHE and that note will be placed on the CUP.  There are no landfill proposals associated with the CUP and the top soil will be stripped out at first, then dredge sand and gravel and when completed a lake will be left. 

 

Mr. Murray asked for further explanation of Mr. Engler about the issue of the landfill and the concern of barrels of solvent.  Mr. Engler said in one communication to Mr. Beagle, it is stated “should any landfill material be encountered the operator shall notify the Kansas Department of Health & Environment for a review and determination of appropriate actions to remove and/or recover”.  The applicant has proposed the above statement be added to the CUP as an amendment to the original application.  Mr. Beagle said that KDHE supersedes County control of that issue, therefore, whether the language is added as a planned note or not, KDHE will automatically respond.  Mr. Engler said the issue would have probably been encountered by now and indicated on a slide where the site could possibly be located and said they would be proceeding east of that site.

 

Mr. Macfee and Mr. Young pointed out to Mr. Engler statements in written communications of alleged solvents being buried at the site, which Mr. Engler stated he had not received, but in viewing a slide it was determined the area that may hold the solvents would be within the 300 foot buffer which would be protected from any activity by the applicant.  Mr. Engler reinforced if by chance any landfill buried material/solvents were found KDHE would be notified. 

 

Referring to staff recommendations, Mr. Engler verified the point of access for plant operations, the primary truck route that would be used, except for an occasional alternate route for trucks that required maintenance.  

 

Mr. Bortz confirmed with Mr. Engler there would not be an increase in truck traffic. 

 

Mr. Macfee asked Mr. Beagle for clarification of condition number 7.  Mr. Beagle stated the former haul route will occasionally be used by trucks as they need maintenance.  Mr. Engler also commented the previous haul route would be used occasionally to take out stockpiled material and explained that gravel is extracted along with the sand and that type of material would be stockpiled.  The gravel is a secondary product that is stockpiled until the need for gravel arises and they can then haul it out. 

 

In reading condition number 3, Mr. Beagle offered amended language to clarify that NE Belmont Road will cease as an internal primary haul route, but it would still be used for incidental traffic.  Mr. Engler announced there would be daily maintenance going in and out of the area as that is where the maintenance shop and scales are located.

 

Mr. Bortz verified any costs incurred due to a cleanup of landfill material that may be found will be paid by the applicant. 

 

Chairman Macfee opened public hearing for comments in favor or opposition to the CUP, and upon receiving none, public hearing was closed.

 

Mr. Beagle offered revised language for staff condition number 7, but Mr. Young asked if the condition was necessary.  After discussion, it was determined that condition number 7 be deleted as a staff condition.

 

Mr. Young motioned to remove staff condition number 7, second by Ms. Johnson and with a vote of 6-0-0 was Approved.

 

Ms. Johnson then motioned to Approve the Amended Conditional Use Permit subject to staff conditions and with a vote of 6-0-0 the Amended Conditional Use Permit was Approved.

 

Public Comment on Non-Agenda Planning and Zoning Items

 

There were no comments offered.

 

Discussion of Planning Related Issues

 

Ms. Johnson informed Chairman Macfee due to a schedule conflict she would not be able to attend the Friday morning breakfast review meetings, but has arranged an alternate meeting time with Mr. Beagle to review agenda items.

 

Mr. Beagle provided information regarding the US 24 Highway Corridor study and commission members also gave comments about the project.

 

Adjournment:

 

Mr. Henriksen motioned for adjournment, second by Mr. Bortz and the hearing was concluded at 9:03pm.