Leslie Karr, Planner I, stated that the existing land use is
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1 Margaret Coffman moved that SUP be forwarded to the County Commissioners, based on the reference Finding of Fact, wit-h a recommendation for aooroval for a five year period LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE MEETING OF JULY 10, 1991 Meeting called to order at 7:08 p.m. Members present: Margaret Coffman, Ron Ernzen, Charles Lohman, Wes Reed and Mildred Wilkerson. Members absent: Bob Christianson, Mike Weilbacher. Staff members present: Jim Hewitt, Leslie Karr, Harvey Leaver. MINUTES: A motion was made by Mildred Wilkerson, seconded by Charles Lohman to approve the minutes of the June 12, 1991 Planning Commission Meeting. The motion carried ITEM NO. 1: Consideration of SUP 91-14, a request for a roping arena. Applied for the Jerry Linaweaver on a tract of land in the NW 1/ This item was put on hold until another member of the planning commission could arrive. ITEM NO. 2: Consideration of Special Use Permit No , for a Veterinary and feed supply business. Applied for by Leo and Jann Merando on a tract of land in the NW 1/ Leslie Karr, Planner I, stated that the existing land use is agricultural and residential, current zoning of the property and surrounding properties are R-Rural. The site is appropriate for the requested use. Leo Merando, RR 3 Box 45, stated that his business would provide cattle feed and veterinary supplies to farmers in the area. Willa Hooper, RR 3 Box 23C, spoke in favor of the request. Leslie Karr stated that the staff recommendation is for approval for a five year period contingent upon proper storage and disposal of all hazardous materials. Margaret Coffman, Special Use Committee, read the Findings of Fact.
2 contingent upon proper storage and disposal of all hazardous materials. A second was made by Wes Reed. The motion carried The record shows that member Mike Weilbacher was present at 7:40 p.m. ITEM NO. 3: Consideration of Special Use Permit 91-16, for a Farm Supply business. Applied for by William and Janeice Murr on a tract of land in the NW 1/ Leslie Karr stated that the property and surrounding properties were currently zoned R-Rural. Existing land uses include agricultural, residential and an existing business. Surrounding land uses include residential and agricultural. Applicable regulations for a Farm Supply business include: The Fertilizer Containment Law, regular inspections from the KS State Board of Agriculture, Division of Inspections for fertilizer and the Division of Plant Health for pesticides and other State and Federal regulations. Recent inspection of Murrfield Farms by the State Board of Agriculture confirm that all materials are being handled in a safe manner. Mike Hayes, Attorney for William and Janeice Murr, briefed the Planning Commission on the history of the operation of Murrfield Farms. A breakdown of the services offered by the business include: 10% chemicals, 35% liquid fertilizers, 35% dry fertilizers, 5% seed and 15% truck fertilizer. Applicable licenses held by Murrfield Farms include: Custom Fertilizer Blenders License, Ag Plant Pest Control Certificate, Pesticide Business License for Ag Use and Kansas Seed Law Business Registration. All liquid fertilizers are stored in 6 steel tanks. James Means, RR 1 Box 169, stated concerns for: Ground water contamination, chemical and fertilizer spills, disposal of chemical and fertilizer containers and compliance to Federal and State regulations. David Smelzer, RR 1 Box 176, expressed concerns of contamination of ground water from chemical and fertilizer spillage. Margaret Smelzer, RR 1, stated that testing of water for chemicals and pesticides is cost prohibitive. David Manthe, RR 1 Box 175, expressed concerns that preventative measures were being taken in case of spills. Lloyd Smelzer, RR 1, spoke in support of the concerns of his neighbors. Mike Hayes stated that all chemicals are stored in 2 bulk tanks, a poly-tank inside of a larger steel tank. The Murr s
3 use water from a well located on their property and would not do anything to contaminate their own well..: Leslie Karr briefed the Planning Commission on telephone conversations with John Palk and Richard Stair of the KS Board of Agriculture, Division of Inspections and Phil Bredlove and Bill Greenwood of the Division of Plant Health. There were no reports of storage violation and all reported that Murrfield Farms meets the State regulations for fertilizer and chemical storage. Judy Manthe, RR 1 Box 175, questioned the proper procedure for storing dry fertilizer. Wes Reed, Special Use Committee, read the Findings of Fact to the Planning Commission. Jim Hewitt stated that an additional condition that approval be contingent upon compliance with all applicable State and Federal regulations. Margaret Coffman moved that SUP be forwarded to the County Commissioners with a recommendation for approval, based on the referenced Findings of Fact, for a five year period contingent upon proper storage and disposal of all hazardous materials and compliance with all applicable State and Federal regulations. A second was made by Wes Reed. Members voting in favor were: Coffman, Ernzen, Lohman, Reed and Wilkerson. Member Weilbacher abstained. ITEM NO. 1 Ron Ernzen, Chairman, removed himself from the board due to a conflict of interest.. Margaret Coffman was the acting Chairman for the item. Jim Hewitt stated that the property is zoned R-Rural as is the surrounding property. Agricultural and residential uses are predominate in the area. A new subdivision is under development west of this site. The area of the roping arena is in a isolated area with access from an old railroad rightof-way. Contest are held 2-3 times a week and are not expected to last past midnight. An average attendance of 33 is expected. The roping arena has been in operation for several months without a Special Use Permit, however, application was made promptly after notification of the violation. Jerry Linaweaver Sr, stated that the property had been used to raise horses for several years. The property is isolated from the neighbors. ' Otis Pearce, RR 3 box 212C, stated that the roping arena was a good recreational activity for the young people in the area. He had no complaints about noise or character of the participants.
4 Margaret Coffman read letters from the Snells, Mills and Sartins in support of the arena. Ed Pepper, RR 2 Box 192B, stated that the arena is South of his home. He stated that noise from the arena is non existent, there has been no trash and no objectionable people using the area. Ben Phillips, RR 1 Box 245A, stated that the roping arena provides a great recreational outlet for young people. Jerry Linaweaver, 133 Eisenhower, stated that he generally travels miles to participate in roping events. He stated that the events are family oriented. Monday and Tuesday night are a practice night. On Wednesdays there is an event with an occasional roping On Saturday and Sunday. Traffic is limited to a 30 min. before and after each event. Andy Burton, RR 2 Box 117G2, stated his concerns for speed and environmental road control. Bob Donalson, RR 2 Box 117, expressed concern for traffic and safety on the road. No speed limit sign is posted on the road. Jim Cure, RR 2 Box 117H, stated concerns for the traffic and safety in the area. He read a letter from David Reynolds, RR 2 Herman Viskoskey, Lot 6A & 6B Deer Run Estates, stated that the Roping Arena was begun without proper permits being in place. He expressed concerns for the safety of the road and access into the sight. Fred Barter, representing Hartridge Estates, stated his concerns as: the roping arena undermining the value of the subdivision, growing animosity between the subdivision and the arena, safety, incompatibility of a commercial roping arena with a residential neighborhood. Ken Hogan, Box 117G, stated that his main concern was for traffic and the condition of Mclntyre Road. Jennifer Manthe, RR 2 Box 119A, expressed concerns for the noise level and lights coming from the arena late at night. Gretchen Quinsedmo, RR 2 Box 117G4, supported her neighbors concerns for traffic and safety. Jerry Linaweaver stated that at first he did not think he needed a Special Use Permit because the Roping Arena deals with livestock. However, upon being notified, application for the permit was made. Horse trailers are not the only traffic concern for Mclntyre Rd. He said that drivers
5 other than those associated with the arena do not drive safely and complicate traffic problems. The noise is controllable and has been turned down since the beginning. Roping events will stop in mid to late September and not begin again until spring. He assured the Planning Commission that the size of the events will not increase dramatically in the future. Staff recommendation is for approval for a five year period with no activities to take place after midnight. Wes Reed, Special Use Committee, read the Findings of Fact. A motion was made by Mike Weilbacher that SUP be forwarded to the County Commissioners with a recommendation for approval based on the Findings of Fact for a five year period with no activities to take place after midnight. A second was made by Wes Reed and the motion carried ITEM NO. 4: Consideration of SUP for a Nursery and flower shop applied for by Thomas and Gail Darnley on a tract of ground in the NE 1/ Leslie Karr stated that the area is zoned R-Rural. Surrounding uses of the property include agricultural, residential and a school facility. The site is appropriate for the requested use. Thomas Darnley, RR 4, spoke in favor of the petition. Staff recommendation is for approval for a five period. Margaret Coffman, Special Use Committee, read the Findings of Fact. A motion was made by Charles Lohman to forward SUP to the County Commissioners with a recommendation of approval for a five year period, based on the finding of fact. A second was made by Mildred Wilkerson and the motion carried ITEM NO. 5: Consideration of SUP a request for a beauty salon applied for by HC and Pat Zimmerly in the NW 1/ Leslie Karr stated that this is a renewal of a permit first issued in July of The area is primarily residential and the current zoning is R-Rural. There have been no complaints against the beauty salon.. Wes Reed, Special Use Committee, read the Findings of Fact. A motion was made by Margaret Coffman, seconded by Mike
6 ' '.) ; i mf-.'<.' -I" - Weilbacher, to forward SUP to the County Commissioner with a recommendation for approval for a five year period, based on the Findings of Fact.' The motion carried ELECTION OF OFFICERS: A motion was made by Charles Lohman, seconded by Margaret Coffman, that Ron Ernzen be elected Chairman. The motion carried A motion was made by Mildred Wilkerson, seconded by Margaret Coffman, that Mike Weilbacher serve as Vice-chairman. The motion carried ELECTION OF COMMITTEES: Committees were appointed temporarily as follows: SUBDIVISION COMMITTEE: Mike Weilbacher, Mildred Wilkerson SPECIAL USE COMMITTEE: Margaret Coffman, Wes Reed The meeting was adjourned at 9:37 p.m. ALL FILES, MAPS AND OTHER DOCUMENTS SUBMITTED AT THIS MEETINGS, ALONG WITH THE OFFICIAL TAPE RECORDING ARE MADE A PART OF THESE MINUTES.
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