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LEAVENWORTH COUNTY COMMISSIONERS
MEETING AGENDA
AMENDED
Monday, January 26, 2015
9:00 a.m.
Public Comment/Administrative Business:
• Approval of Minutes of January 22, 2015 Session I
• Approval of Minutes of January 22, 2015 Session II
Tuesday, January 27, 2015
11:15 a.m.
MARC Budget and Personnel Committee Meeting
12:15 p.m.
MARC Board of Directors Meeting
Wednesday, January 28, 2015
Thursday, January 29, 2015
9:00 a.m.
Public Comment/Administrative Business:
• Approval of Minutes of January 26, 2015
• Approval of the Agenda for the week of February 2, 2015
• Jack Walker, Fort Leavenworth Access Control
9:05 a.m.
Certificate to Mr. James Perry
9:10 a.m.
Neighborhood Revitalization Plan
• Ben Day Lofts - Interlocal Agreement
9:25 a.m.
Tax Increment Financing (TIF) Plan
• Zeck Ford Development Project
9:45 a.m.
Planning and Zoning
• DEV-14-036 Consideration of a Final Plat for Brandon Heights Third Plat
10:00 a.m.
Planning and Zoning
• DEV-14-076 and 077 Consideration of a Preliminary and Final Plat for Tyler and Jennifer’s Playground
10:15 a.m.
Planning and Zoning
• DEV-14-047 Consideration of an application for an Amendment to Article 19 – Table of Uses of the 2006
Leavenworth County Zoning and Subdivision Regulations
Friday, January 30, 2015
ALL SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COMMISSION
ALL MEETINGS ARE OPEN TO THE PUBLIC
Board of County Commissioners
Leavenworth County
Briefing Report
From:
Planning and Zoning Department
Date:
January 29, 2015
Case:
DEV-14-036, Brandon Heights Third Plat Final Plat
Applicant: Community National Bank
Owners:
Community National Bank & David Gormley
Location: East side of 252nd Street + 1,075’ north of State Avenue
Request: The applicant is requesting approval of a Final Plat for a 2 lot subdivision.
Issue:
The proposed plat is a replat that would result in 2 conforming lots. The platted lots
had been divided by deed and should have been divided by a replat.
Stakeholders Involved:
The property owners, Leavenworth County.
Planning Commission Recommendation:
Planning Commission voted 8 to 0 (1 abstain) to recommend approval of Case No.
DEV-14-036 Brandon Heights Third Plat Final Plat.
Fiscal Impact:
The approval would result in 2 compliant parcels. The bank would be able to sell
their lot to anyone wanting to construct a house.
Action required by Commissioners:
1) Approve
2) Deny
3) Modify
4) Continue
5) Remand back to Planning
Commission
Case No. DEV-14-036
Brandon Heights Third Plat Final Plat
Replat Lots 11 & 12, Brandon Heights Second Plat
Staff Report – Board of County Commissioners
January 29, 2015
GENERAL INFORMATION:
Applicant/Owner:
Community National Bank
231 N Main Street
Tonganoxie, KS 66086
Owner:
David Gormley
nd
19020 252 Street
Tonganoxie, KS 66086
Agent:
Joe Herring, Herring Surveying Company
th
315 North 5 Street
Leavenworth, KS 66048
Legal Description:
Lots 11 & 12, Brandon Heights Second Plat, A subdivision of land in Leavenworth
County Kansas.
Location:
East side of 252
Plat Size:
Approximately 20.0 acres
Parcel ID No.:
201-02-0-00-00-013.01; 201-02-0-00-00-013.02; 201-02-0-00-00-013.03,
Zoning:
RR-5, Rural Residential, 5-acre minimum size parcels
Urban Growth
Management Area:
This property is not within a city’s Urban Growth Management Area.
Planner:
James Kraatz
nd
Street approximately 1,075’ North of State Avenue
REPORT:
Planning Commission Recommendation:
The Planning Commission voted 8 to 0 (1 abstain) to recommend approval of Case No. DEV 14-036, Brandon
Heights Third Plat Final Plat, subject to following conditions :
1. Standard RIF and TIF shall apply for any new residential units, if applicable.
2. Erosion control shall be used when designing and constructing driveways. A form of sediment control
shall be installed before work begins and maintained throughout the time that the land disturbing
activities are taking place. Re-vegetation of all disturbed sites shall be completed within 45 days after
completion of final grading weather permitting.
3. Applicant shall adhere to the Memorandum of December 19, Mickey Schwartzkopf, Public Works
Department.
4. Applicant shall adhere to the Memorandum of December 19, James Kraatz, Planning and Zoning.
5. A waiver to the requirement to connect to a public sewage system to allow the use of private septic
systems within this subdivision shall be granted.
6. After approval of this subdivision by the Board of County Commissioners, all the conditions listed above
shall be adhered to and required submittals shall be provided to the Planning and Zoning Office within 30
days.
1/29/2015
Leavenworth County Board of County Commissioners
1
Request
The applicant is requesting approval of a final plat of a 2-lot subdivision of a 20-acre parcel.
Comprehensive Plan
The Future Land Use Map indicates this property is within the Agricultural Preserve use category. The
property is not within an Urban Growth Management Area.
Zoning
The current Zoning for this property is RR-5, Rural Residential, 5-acre minimum size parcels.
Adjacent Land Uses
The property is located in an area of primarily single-family residences and undeveloped tracts that range in
size from 5 acre to 113 acres in size. Properties are used for agricultural and residential uses.
Floodplain
The property does not contain any portion of a FEMA special flood hazard area per the FEMA FIRM maps.
Utilities/Services
Sewer: Private On-Site Sewage Treatment System
Fire:
Tonganoxie Township
Water:
Rural Water District 13
Electric: Leavenworth-Jefferson Electric Cooperative
Access/Streets
nd
Access to the lots is via 252 Street, a gravel County Local Service Street, approximately 22 feet wide.
Agency Comments
See attached – Letter – dated June 26, 2014 – Wayne Malnicof, Leavenworth County Surveyor
See attached – Letter – dated December 19, 2014 – Mickey Schwartzkopf, Public Works Department
See attached – Letter – dated December 19, 2014 – James Kraatz, Planning & Zoning Department
See attached – Email – dated December 23, 2014 – Eric Wylie, LJEC
See attached – Email – dated January 6, 2015 – Jefferson Rural Water District #13
Findings
1. The proposed subdivision is consistent with the zoning district of RR 5; Rural Residential, 5-acre
minimum size parcel.
2. The property is not within a sewer district boundary or is within 660 feet of the incorporated limits of a
municipality; therefore, a waiver to the requirement to connect to a public sewage system. A house
exists on Lot 14 and has a private sewage system. A private sewage disposal permit may be issued
per Leavenworth County Sanitary Code requirements.
Staff Comments
This is the proposed replat of Lots 11 and 12 of Brandon Height Second Plat. These Lots were a replat of
Brandon Heights Lots 5 & 6. The same person owned Lots 5 & 6 and a house on the western portion of Lot
6. They wanted to construct a new house on a bigger lot so they replatted the lots into a 5 acre and a 15 acre
lot. They had separate mortgages for each lot. These mortgages were never revised to reflect the new legal
descriptions. When the property was foreclosed, the banks realized the mortgages and deeds did not match.
The owner of the proposed Lot 13 submitted a one lot plat so they could sell the land they owned. This would
have resulted in a landlocked parcel and the request was continued at the July 9, 2014 Planning
Commission meeting. The owners have reached an agreement and are proceeding with the 2-lot Plat. This
plat would return the lots back to the original configuration.
Staff finds the proposed plat acceptable and supports the waiver to the requirement to connect to a public
sewage system.
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Leavenworth County Board of County Commissioners
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ACTION OPTIONS:
1. Approve Case No. DEV 14-036, Brandon Heights Third Plat Final Plat with or without conditions for the
following reasons; or
2. Deny Case No. DEV 14-036, Brandon Heights Third Plat Final Plat for the following reasons; or
3. Revise or Modify the Planning Commission Recommendation to Case No. DEV 14-036, Brandon
Heights Third Plat Final Plat with or without conditions; or
4. Continue the public hearing on the plat to another date, time, and place because; or
5. Remand this item back to the Planning Commission.
ATTACHMENTS:
1. Final Plat drawing
2. Brandon Heights Third Plat Exhibit
3. Aerial map of the property
4. Parcel history
5. Comment/Review letter from Public Works
6. Comment/Review letter from County Surveyor
7. Comment/Review letters from Planning and Zoning Department
8. Comment/Review email LJEC
9. Comment/Review email JRWD 13
10. Planning Commission Minutes
1/29/2015
Leavenworth County Board of County Commissioners
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Board of County Commissioners
Leavenworth County
Briefing Report
From:
Planning and Zoning Department
Date:
January 29, 2015
Case:
DEV-14-076 and DEV-14-077 Tyler and Jennifer’s Playground Preliminary and Final
Plat
Owners:
Jennifer Kongs & Tyler Gill
Location: This property is located on the north side of Linwood Road/K-32 approximately 2750
feet east of Interstate 70.
Request: The applicant is requesting approval of a Preliminary and Final Plat.
Issue:
The owners would like to build a single-family residence on the property. In order to
acquire building permits, the property must be brought into compliance with the
Leavenworth County Zoning & Subdivision Regulations by platting the parcel.
Stakeholders Involved:
The property owners.
Planning Commission Recommendation:
Planning Commission voted 9 to 0 to recommend approval of Case No. DEV-14076 and 077 for Tyler and Jennifer’s Playground Preliminary and Final Plat with the
conditions stated in the staff report.
Fiscal Impact:
This would allow the owners to build a single-family residence.
Action required by Commissioners:
1) Approve
2) Deny
3) Modify
4) Continue
5) Remand back to Planning
Commission
Case No. DEV-14-076 and Case No. DEV-14-077
Tyler and Jennifer’s Playground
Preliminary and Final Plat
Staff Report – Board of County Commissioners
January 29, 2015
GENERAL INFORMATION:
Applicants/
Owners:
Jennifer M. Kongs & Tyler C. Gill
940 Connecticut Street
Lawrence, KS 66044
Legal Description:
A tract of land in the Southeast Quarter of fractional Section 14 – Township 12 S –
Range 20 E of the 6th P.M., County of Leavenworth, State of Kansas
Location:
The property is on the north side of Linwood Road/K-32 approximately 2750 feet
east of Interstate 70.
Plat Size:
Approximately 39.5 acres
Parcel ID No.:
216-14-0-00-00-012.04
Zoning:
RR-5, Rural-Residential, 5-acre minimum size parcels
Urban Growth
Management Area:
This property is not within a city’s Urban Growth Management Area.
Planner:
Jillian Ogden
REPORT:
The Planning Commission recommended the following changes to staff recommendations:
1. Planning Commission removed the following condition –
Original Condition - A waiver to not require a stormwater drainage report for this subdivision shall be
granted.
Planning Commission Recommendation
The Planning Commission voted 9 to 0 to recommend approval of Case No. DEV-15-076 and DEV-14-077,
Preliminary and Final Plat for Tyler and Jennifer’s Playground, with the following conditions:
1. Standard RIF and TIF shall apply for any new residential units, if applicable.
2. Erosion control shall be used when designing and constructing driveways. A form of sediment control
shall be installed before work begins and maintained throughout the time that the land disturbing
activities are taking place. Re-vegetation of all disturbed sites shall be completed within 45 days after
completion of final grading weather permitting
3. Applicant shall adhere to the Memorandum of December 17, 2014, Mickey Schwartzkopf, Public
Works Department.
4. Applicant shall adhere to the Memorandum of December 17, 2014, Wayne Malnicof, County Surveyor.
5. Applicant shall adhere to the Memorandum of January 2, 2015, Jillian Ogden, Planning and Zoning.
6. Applicant shall adhere to the Memorandum of December 23, 2014, Chuck Magaha, Emergency
Management.
7. A waiver for the use of private septic systems within this subdivision shall be granted.
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Leavenworth County Board of County Commissioners
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8. Applicant shall adhere to the Memorandum of December 22, 2014, Gary Bennett, Rural Water District
No. 10.
9. After approval of this subdivision by the Board of County Commissioners, all the conditions listed
above shall be adhered to and required submittals shall be provided to the Planning and Zoning Office
within 30 days.
Request
The applicant is requesting approval of a preliminary and final plat of a 1-lot subdivision of a 39.5-acre
parcel.
Comprehensive Plan
The Future Land Use Map indicates this property is within the Agriculture Preserve use category. The
property is not within a city’s Urban Growth Management Area.
Zoning
The current Zoning for this property is RR-5, Rural Residential, 5-acre minimum size parcels.
Adjacent Land Uses
The surrounding properties are residences and farms on varying sized parcels ranging from three acres to
over 85 acres in size.
Floodplain
The property does not contain any portion of the FEMA floodplain per the FEMA FIRM floodplain boundary.
Utilities/Services
Sewer: Private On-Site Sewage Treatment System
Fire:
Reno Township
Water:
Rural Water District No. 10
Electric: Westar Energy
Access/Streets
Access to the lot is from Linwood Road, a state-maintained arterial road, approximately 30 feet wide.
Agency Comments
See attached – Letter – dated December 17, 2014 – Wayne Malnicof, Leavenworth County Surveyor
See attached – Letter – dated December 17, 2014 – Mickey Schwartzkopf, Public Works Department
See attached – Letter – dated December 22, 2014 – Gary Bennett, Rural Water District No. 10
See attached – Letter – dated January 2, 2015 – Jillian Ogden, Planning & Zoning Department
See attached – Letter – dated December 23, 2014 – Chuck Magaha, Emergency Management
See attached – Letter – dated January 13, 2015 – Mickey Schwartzkopf, Public Works Department
Findings
1. The proposed subdivision is consistent with the zoning district of RR-5; Rural Residential, 5-acre
minimum size parcels.
2. The property is not within a sewer district boundary or is within 660 feet of the incorporated limits of a
municipality; therefore, a waiver to the requirement of allowing private septic systems is supported by
staff. A private sewage disposal permit may be issued per Leavenworth County Sanitary Code
requirements.
Staff Comments
The proposed plat is a 1-lot subdivision. The owners are platting the parcel in order to bring the property into
compliance. The parcel was created by deed with a Certificate of Survey in 2008 by a previous owner.
Therefore, it is considered a non-compliant parcel and is currently not entitled to building permits.
The owners would like to build a single-family residence on the property. In order to acquire building permits,
the property must be brought into compliance with the Leavenworth County Zoning & Subdivision
Regulations by platting the parcel.
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Leavenworth County Board of County Commissioners
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The lot complies with the Zoning and Subdivision Regulations for lot area, size, and road frontage. Staff finds
the proposed plat acceptable.
The property owners have requested that the requirement for a stormwater drainage report be waived. This
technical document is traditionally included with all plats and reviewed by Public Works.
ACTION OPTIONS:
1. Approve Case No. DEV-14-076 and Case No. DEV-14-077, Preliminary and Final Plat for Tyler and
Jennifer’s Playground, with Findings of Fact, with or without conditions.
2. Deny Case No. DEV-14-076 and Case No. DEV-14-077, Preliminary and Final Plat for Tyler and
Jennifer’s Playground, with Findings of Fact; or
3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-14-076 and Case No.
DEV-14-077, Preliminary and Final Plat for Tyler and Jennifer’s Playground, with Findings of Fact; or
4. Continue the Public hearing on the plat to another date, time, and place; or
5. Remand the case back to Planning Commission.
ATTACHMENTS:
1. Aerial map of the proposed subdivision
2. Preliminary and Final Plat drawings
3. Comment/Review letters from Public Works
4. Comment/Review letter from County Surveyor
5. Comment/Review letter from Rural Water District No. 10
6. Comment/Review letter from Planning and Zoning Department
7. Comment/Review letter from Emergency Management
8. Letter from Property Owners
9. Planning Commission Meeting Minutes
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Leavenworth County Board of County Commissioners
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Board of County Commissioners
Leavenworth County
Briefing Report
***Public Hearing Required***
From:
Planning and Zoning Department
Date:
January 29, 2015.
Case:
DEV-14-047, Proposed Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations.
Applicant: Leavenworth County Planning and Zoning Department
Request: The applicant is requesting to add a use to Article 19 of the Leavenworth County
Zoning and Subdivision Regulations.
Issue:
This is a request to add a category of “Truck Hauling Business” to Article 19 of the
Leavenworth County Zoning and Subdivision Regulations. Currently, this use is not
allowed in the County. This will allow it in Districts B-3 and I-1, I-2, & I-3 by right and
allow it in Districts R-Rural, B-1, & B-2 with a Special Use Permit.
This case was remanded back to the Planning Commission during the December
4th BOCC meeting. The Planning Commission heard this case on January 14,
2015, and is recommending approval (7-2) with no further changes.
Stakeholders Involved:
Leavenworth County
Planning Commission Recommendation:
Planning Commission voted (7-2) to recommend approval of DEV-14-047,
Proposed Amendment to the 2006 Leavenworth County Zoning and Subdivision
Regulations.
Action required by Commissioners:
The Board of County Commission has the following options:
1. Approve the application as submitted.
2. Deny the application.
3. Revise or Modify the Planning Commission Recommendation.
4. Continue the Public hearing to another date, time, and place.
Case No. DEV-14-047
Proposed Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations
Staff Report – Board of County Commissioners
GENERAL INFORMATION:
Applicant:
January 29, 2015
Leavenworth County Planning and Zoning Department
HISTORY:
This case was remanded back to the Planning Commission during the December 4th BOCC meeting.
The Planning Commission heard this case on January 14, 2015, and is recommending approval (7-2).
The Board of County Commission has the following options:
1. Approve the application as submitted.
2. Deny the application.
3. Revise or Modify the Planning Commission Recommendation.
4. Continue the Public hearing to another date, time, and place.
REPORT:
The Planning Commission voted 7 to 2 to recommend approval of Case No. DEV-14-047, Proposed
Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations.
Request
This is a request to consider a proposed amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations. Proposed amendment is for:
Article 19 – Table of Uses
To add a category for “Truck Hauling Business”
S = Special Use Permit
Truck Hauling Business
A = Allowed Use
R-1
ROne
Rural
Fam
R-2
One
Fam
S
R-3
Two
Fam
R-4
Apt
B-1
B-2
Nghd Lim
Bus Bus
B-3
I-1
Genl Lim
Bus Ind
I-2
Lt
Ind
I-3
Hvy
Ind
S
A
A
A
S
A
Article 3 –DEFINITIONS – To add the following definitions:
Commercial Vehicle: Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer or pole
trailer drawn by such motor vehicle, which vehicle is designed, used and maintained for hire, compensation,
profit, or in the furtherance of commercial enterprise. Commercial vehicle shall not include any motor vehicle
or motorized equipment used for agricultural purposes. Commercial vehicle shall not include any motor
vehicle used exclusively for the purpose of transporting students to school or any school sanctioned event.
Truck Hauling Business: Commercial business pertaining to the parking, storage, and maintenance of
commercial vehicles, trailers, and containers. Excludes the storage or redistribution of cargo or freight.
Truck Terminal: An area and building where trucks load and unload cargo and freight and where the cargo
and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or
modes of transportation. Includes service of fuel, fuel oil, and repair of vehicles.
01/29/2015
Leavenworth County Board of County Commissioners
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ACTION OPTIONS:
1. Approve Case No. DEV-14-047, Proposed Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations, with Findings of Fact, and with or without conditions.
2. Deny Case No. DEV-14-047, Proposed Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations, with Findings of Fact; or
3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-14-047, Proposed
Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations, with Findings of
Fact; or
4. Continue the Public hearing to another date, time, and place.
ATTACHMENTS:
1.
Planning Commission meeting minutes.
01/29/2015
Leavenworth County Board of County Commissioners
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