MINUTES OF THE
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.