FORD COUNTY SUBDIVISION COMMITTEE MINUTES
May 12, 2005
4 p.m. Ford County Rose Room
Ford County Government Center


Those in attendance: Chairman Mike Miller, Grant Powers, Scott VanderHamm, Marti Woods, Kevin Knoll, Jerry King, Bill Kraft, and

Staff: Mark Shriwise and Misty Stotler

Volz Estate-Final plat from second lot split / Kevin Noll, surveyor
· Mike Miller’s name needs changed to “Michael L. Miller”.
· County review engineer needs added and will be done as soon as one is appointed.
· There was discussion on where the legal description should appear on the plats. It was okayed by Mike Miller that the legal description can be put in top right hand corner or it may appear in the “Land Surveyor’s Notes” which are centered in the middle top portion of the plat.
· Ed Elam stated that in the header notes the original Plat needed to be noted.
· It is noted that Lot 2 can only be conveyed to Lot 1 and no other Lots.
· There was some concern with the Monument descriptions. There needs to be a description for each Monument corner and there is not. Kevin Noll stated he would get this done if necessary.
· The assumed bearing basis was left blank but will be changed to indicate a beginning point and ending point.
· Marti Woods indicated that the dimensions that Kevin Noll showed on the plat didn’t match the Lot Lines on the deed.

Final plat and Mylar’s may be submitted at the March 7, 2005 Commission meeting including corrections listed above.


Victory Hills Estate Preliminary Plat / Kevin Noll, surveyor
· Road names have been selected. They will be as follows:
· From 111 Rd – Victory Lane
· From Garnett – Electric Ave.
· Fire/EMS was concerned with the road being to narrow for a unit to turn around if needed. Kevin Noll and Victory Elect. Rep assured Rus Smith that the road would be 40’ wide on either side, totaling 80’ wide which should be enough room for units to turn around if needed.
· There was an issue regarding the corner pins. Each corner pin needs to be platted and the closing corners were not accurate.
· No engineer has yet been assigned to the plat.
· The legal description indicates that the property has not yet been conveyed. Victory Rep stated that it would be once the plat has been approved.
· Lots are to be 2 Acres.
· The drainage needs to be worked out with the engineer once one has been established.
· Addressing will be 5 digits and 911.
· Road along the South, no longer temporary. Has been named Ohms Road if approved by communications.
· The Review Plat needs to be brought back in front of the Board at a later date.

The review plat may be submitted at the next Subdivision meeting including corrections listed above.

The Subdivision meeting adjourned at 5:00 p.m.

 

FORD COUNTY SUBDIVISION COMMITTEE MINUTES
May 12, 2005
4 p.m. Ford County Rose Room
Ford County Government Center


Those in attendance: Chairman Mike Miller, Grant Powers, Scott Vander Hamm, Marti Woods, Kevin Knoll, Jerry King, Bill Kraft, and

Staff: Mark Shriwise and Misty Stotler

Victory Hills Estates – (Pre-Plat)
· Kevin Noll began by explaining to the committee that they are asking for approval to continue on with the Final Plat with the changes as requested previously.
· Michael Miller asked Kevin to explain those changes.
· Kevin started with Ohms Rd, stating that it initially was going to be a temporary road and now they have decided to leave it and allow for it to be a permanent road. He addressed the issue of Southwestern Bell being a concern with the utility easement on 111 Road. Southwestern Bell has a private utility easement there and they do not want anyone else in that easement and they want to maintain their own easement. Michael Miller was in agreement with Southwestern Bell on that issue.
· Marti Woods expressed her concerns in regards to the Gerard Lix legal description.
· Kevin responded to her concerns by indicating that he would get with Dave Snapp and address the Gerard Lix and Wheat Sheaf legal description.
· Michael Miller asked how many splits there would be.
· Jerry King explained that they did not want to “land-lock” them because he had talked about maybe someday developing some of the property himself or there would also be an option for Victory to expand into them. He added it was a loose issue at this time.
· Kevin Noll added that Gerard had indicated to him that they were concerned if a subdivision and he didn’t have the streets going into it then he would have to add a bridge, which would be very expensive.
· Marti Woods stated that her other concern was that the Plat states the Parks will be owned and maintained by the Homeowners Association. She went on to say that she has found a lot of times that if they don’t make it clear as to owes those; there are big issues to deal with later. Michael Miller added how about undivided interest divided among the owners. Marti finished by stating she wants to make sure they know who owns lots so when they make a parcel there is no question about who owns that piece of property. Michael Miller suggested that this issue gets described in all the deeds so that the next owners or any owners know they have interest in the “green area”. Kevin stated that it is usually exists in the covenants and the covenants will be filed with the Plats and deeds. Michael suggested that it be entered into the legal description, because covenants can be lost. Kevin responded that what he usually does is put it in where the recording information is in the Register of Deeds section of the Plat.
· Kevin said that one of the other issues that were addressed was drainage and the engineer, Harry Hunsley, is working with him on this project. Harry Hunsley is the one who had come up with the 1.3 acres on each one of the drainage detention parks and that is to contain a 100-year flood. He went on to describe that the purpose is to contain a 100- year flood before it goes over top of the dike and would have a release tube out of the bottom of the dike to release slowly out. This is on 111 Rd. and Garnett. Michael asked if this was a low spot and Kevin said it was a low spot. Kevin remarked that this particular spot does have drainage issues and Harry Hunsley has already prepared a letter and sent it to the county in regards to these drainage issues.
· Michael Olson, P.E. Engineer for Kirkham and Michael, enters the meeting at 4:10 P.M.
· Grant Powers questioned Kevin about the detention drainage and wanted to know if there would be a change in the outlet. Kevin said “no” the water is still going to be leaving at the same spot and rate.
· Kevin went on to the issue of Fire/Ems’s concern of the road not being wide enough for the vehicles to turn around if needed. He stated that he didn’t remember this being a problem and he doesn’t understand his concern. Mark Shriwise indicated at one point Russ Smith, Fire/EMS chief had told him 75’ was wide enough and the Plat shows the roads to be 80’; therefore, there should not be a problem. Kevin said the road would not be 40’ on each side but the road right-of –way would be 40’ on each side and that is something that he may want to address that to Russ Smith.
· The next issue at hand was the concern about the corner pins. Kevin discussed the issue explaining that they set the pin in a right-of-way line because they used the Government Corner and ran that line south for a mile to a monument that was set for a subdivision that had nothing to do with where the section corner was. Instead of saying it’s a ½ mile south of here, the legal corner, they bypassed it and went to an illegal corner and that’s why that rod is not on line. Mark Shriwise asked if there was going to be any issues of who owns it. Kevin stated there would not be and the landowners are aware of the issue as well.
· Kevin continued on with the issue of the boundary corners being added to the Preliminary Plat and he said that is something that they do not do on a Preliminary Plat. He then went on to explain what they do on Preliminary Plats and what a Preliminary Plat is for.
· Kevin addressed the issue of the Engineer. He stated that Harry Hunsley has been designated the Engineer for the project.

Lariat Way Estates – (Correction Plat)
· Kevin began with the purpose of this Plat is to correct errors and the metes and bounds description of the Plats that were there. He made it known to the committee that they were not doing a subdivision, because it is already in existence.
· Kevin gives the location as Lot 6 of Block 1 in Stapleton Salvage. He added it’s on the far west side of the Plat.
· Kevin stated that the concern with the description is that the owner of Lot 6 was going to purchase Lot 3 but because of the poor description they couldn’t get a valid description for Lot 3, so they have joined together the landowners that drew this subdivision and they are agreeing to the lines on the ground the way they are using them. Michael Miller asked if this was similar to a Clerk’s Plat. Kevin responded that it would have the same authority as a Clerk’s Plat. Marti Woods added that they wanted to sell this off and then they’ve had so many problems with the errors in descriptions, therefore they couldn’t come up with a good description of what they wanted to sell. Michael Miller added that these errors appear to be accumulative errors that are getting worse. Kevin stated that in order to clear this Plat they are doing the Correction Plat, which there is, no engineering involved, the streets are already there, the roads are already there. Kevin continued there is one problem with Lot 2A which is part of Lot 2, a 40 acre piece, and the owner of Lot 2 wanted to cut a piece out of his Lot for family, so we went ahead an added that to the Plat so we wouldn’t have a cut at a Lot already. Kevin asked Mark if he could prepare a letter indicating Lot 2A-becoming Lot 2 and Lot 2 would become Lot 3.
· Michael Miller questioned the Lot numbers and their descriptions. Kevin cleared the questions up by explaining that 2A was part of 2. Scott Vander Hamm threw in that they want to split the lot. Kevin stated that they want to split 2A. Michael Miller responded there would be a split then. Kevin said, “yes” it would be doing one split out of a 40-acre piece.
· Marti Woods explained for mapping purposes she would prefer they indicate Lots numerically.
· Grant Powers wanted to be assured that there would be no surveying. Kevin reassured them that there would be no surveying, this is a complete survey and all he is doing is making corrections on the Plat.
· Mark Shriwise pointed out to Kevin the issue of spelling errors on the Plat. Kevin told Mark he would get with him about the spelling errors.
· Mark questioned Kevin about the point of beginning, the first line. He wanted to know why Kevin didn’t make that line straight. Kevin explained that it was an existing barbed wire fence. Grant Powers explained in more detail as to why it is that way.
· Mark Shriwise brought up the issue of the +/- on some of the distances. Kevin explained that the only ones that have the +/- are the ones that tie into the East line where we don’t know where it’s at. Mark was concerned that it would suggest to the public that it might not have been surveyed. Kevin said that if the surveyor doesn’t know the bearing line is then they can’t get a distance on it. Mark asked Mike Olson what his thought were on the issue. Mike Olson stated that it is more of a surveying issue, but he doesn’t know what good that boundary issue is going to tell you because it’s not tied to anything. He continued stating that it had no dimension.
· Grant Powers questioned if a fence could establish boundary lines, if that fence had been there for a certain number of years. Michael miller suggested that to be considered adverse possession. Kevin added that in all states except the state of Kansas it has to be adverse, meaning to people would have to fight over it. In conclusion it would have to be continuous/contagious. Continuous meaning for 15 years the whole period, you can’t stop fighting and contagious means openly fighting or hostile meaning that you would almost have to kill each other over it. Now then, in the state of Kansas the law has changed to adverse possession, which states as long as you have possessed it for 15 years you can’t file a title to pick up that piece, but the court can give you the title.
· There was some discussion about the lost corner. Kevin gave indication that it was supposed to be a section line but it’s not the section line because it’s about 100’ off.
· Mike Olson suggested to set a point at the lost corner and if the property sells then there would be a point to reference for the boundary and owners would have to abide by the points that have been set.
· Michael Miller suggested to Kevin to make that change on the Plat.

There was discussion about the Catholic Church Plat. When it was Platted they Platted three big Lots and now they put CRP on it and have become tax-exempt and you cannot split a parcel for taxation. Marti Woods added to the discussion that the church asked them to split the property the way it was split so they could farm a portion. Kevin stated that the issue is among the line that divides the church property and what is AG property. The church is concerned with the taxing issues. There is approximately 50 acres in CRP. There was some discussion of what the church should do about the issue; some said that the church should stop the farming. Another suggestion was to repay the CRP Payment. If they were to quit farming they could also go to the board and asked to be considered undeveloped. There was some mention of the church wanting to put a new school out there. There were questions about whether they need a Lot split and Kevin just asked for a variance from the regulations so that he wouldn’t have to show topography and utilities.


The Subdivision meeting adjourned at 5:52 p.m.

FORD COUNTY SUBDIVISION COMMITTEE MINUTES
November 17, 2005
4 p.m. Ford County Rose Room
Ford County Government Center


Those in attendance: Chairman Grant Powers, Scott Vander Hamm, Josie Lix, Marti Woods, Ed Elam, Kevin Knoll, Jim Bailes, Bruce Redenbaugh, Mike Burkhart, Dale Ludky,

Staff: Mark Shriwise and Misty Stotler

West Highway 50 Addition (Plat Corrections)
· Kevin Noll presents the board with the exhibit plat (18x24)
· West of Glenridge Estates and North of US Hwy 50
· A correction plat because the existing descriptions have numerous problems
· Correcting the Landowners descriptions
· Presents the “sketch” (8 ½ x 14) of West Hwy 50 addition lots
· Sketch is to further develop Lot 2, Block 1
· Wants to know what requirements the Subdivision Committee has to further develop the lots as far as the roads are concerned
· Dale Ludky, area engineer for KDOT, concerned about increased traffic, safety, accidents, and school bus access
· D-Cell turn off the highway- KDOT’s perspective is this would be the responsibility of the developer
· Responsive to the citizens, school bus scenario is big issue, accidents and fatalities a big concern of KDOT
· Kevin – in regards to school buses, Jim Bailes will have his office on Lot 1 and the back lots are for show homes; however these show homes will be completely set up, skirted, with landscaping and driveways. These homes will be for sale, they will not be moved off the lots. Therefore, since Jim is the developer and landowner of Lot 1, there will not be a problem with the school buses picking children up at the office location.
· Jim Bailes – Explained that he could clear the lot for buses to enter and then went on to discuss that he could add more crushed concrete to the entrance way with a Cliché and Gypsum rock base under it to with stand the weight of a school bus.
· Marti Woods, Chief Topographer for Ford County, is concerned with the addressing, because there is not enough numbers
· Will it be numbered off the highway? Will it be a 911 address off a named road?
· Jim – no concerns with the addressing – whatever is the safest and easiest for those involved
· Bruce Redenbaugh, Dodge Township- concerned with how the landowners would feel about the private drive being used.
· Dodge Township wouldn’t have anything to say about it because it is a private drive
· Kevin- it will continue to be a private drive and privately maintained, Township nor County will need to be concerned with maintenance issues.
· There will be nothing on Pennington’s Property
· Pennington will be able to continue to use the private drive
· Pennington was issued a letter giving him the chance to be a part of the Subdivision, which would have made him one of the owners of that private road. He opted out on that.
· Ed Elam, County Administrator-Concerned with access to the Pennington property, since it is a private road
· Should be something in writing that indicates the property has ingress and egress as part of the plat process or not
· Run-Offs- the Northeast corner of Pennington’s property, as the road is now, ends up running most of the storm water down into his building. Will there be ditches to keep water flowing south to the right-of–way line? Not enough information on this.
· Jim- Road to the East and having ditches will take ½ of the road that he (Pennington) is getting right now
· Ed- County hasn’t received anything that shows how the road will be set up
· No problems if there will be ditches along the East and West to capture run-off until it gets to the main ditch
· Recommends that one of the requirements is to put, as part of the deed restrictions that the roads are private and they will be maintained as a common access or something. Have it filed with the Register of Deeds as part of the deed so there will no problems.
· The other concern of the County is the square footage- If there is to be a development, the water and sewer, if not serviced by the city will not meet the requirements of square feet needed by County Regulations
· Mark Shriwise, Director of Planning, Zoning, and Environmental Health- Water and sewer issues have been addressed earlier at the Zoning Board meeting
· They should public services (public water and sewer)
· Kevin-At this time, looking more at what it will cost to develop
· Several continuances, one is to extend city sewer out there and the other would be an on-site advanced sewer system, which would be on the East part of Lot 2
· City water or Public water supply
· More concerned with the roads right now
· Ed- Square footage concern, not feasible for on-site sewer and water
· Mark- Not enough square footage for advance on-site sewer
· Ed-Can require an engineering design
· Scott Vander Hamm, Ford County Zoning Board-Concerned with the landowners concern of having a development there, the road issues, and the issue of water and sewer. All concerns were previously addressed.
· Mark-Correction Plat, questions on the survey, lacking tic marks down by where the highway bridge is located
· Marti-dimensions don’t match
· Kevin-Will be plainer on the Final Plat; a bend on the lot line
· Marti- 25’ easement enough for emergency services
· Mark-left extra 20’ easement for expansion
· Kevin-drainage/utility easement
· Suggested to put Utility easement in the drainage easement
· Harry Hunsley will be the engineer on the project
· Road surfacing issues, contours, and elevations needed
· Mark- Butch Alexander, Surveyor Technician, was concerned with the bars in the highway. He said they were labeled as Kevin Knoll setting them. Kevin responded that he did not set them on the highway, but the ones on the right-of-way line show which ones they found. It shows a broken right-of-way marker at one point and a 4X4 concrete monument at another point. Kevin indicated that he did start to set his own corners, but then the issue of the additional lots came about and he thought that this issue would change things so he didn’t finish.
· Ed-The county would like to address the correction plat and try to get that done because it is holding some things up, then address the addition separately in order to address some of the concerns on it at a later time. He added that the concerns on the addition do not concern the concerns of the correction plat.
· Engineer should design the road
· Committee needs to decide if they will allow the small lots, doesn’t meet county minimum
· Lot sizes are 7500 SQ Ft and up; County minimum is 10000 SQ Ft per lot; Minimum 5 Acres total for a Subdivision
· Natural Gas lines – does line capable to with stand the amount of housing want to be established?
· Scott- Motions to get the correction plat ran through and then wait for the engineer on the road and the rest of the “sketch” plat. Seconded by Josie Lix.
·
Lazy Acres West
· Platted back in early 1975
· Developed under the City of Dodge City Subdivision 3 mile concern regulations
· In the section labeled “Dedication”, it states that Lazy Acres West Addition is an addition to the City of Dodge City, Ford County, Kansas.
· Signed by the Mayor and also by the City Clerk
· Filed in the County as recorded
· Kevin Noll – Stated that it was the Ford County Planning Regional Commission at that time and basically anything within a 3 mile radius was considered in the City limits
· Mark- if it is going to be platted as is, you will have to follow those subdivision regulations that were adopted in 1973. If it is going to be replatted then you will have to follow the current subdivision regulations. These subdivision regulations can be obtained in the Ford County Planning, Zoning, and Environmental Health office at any time.
· Concern of the earlier subdivision was to have city water and sewer and also have asphalted, paved, guttered roads. It also said that if there’s a county maintenance road off to the side, you will have to have an agreement signed off by a city engineer and a county engineer to bring it up to spec and to maintain it for heavy use.
· The township and County do not want any more roads to maintain
· Kevin – Curb and gutter and asphalt streets on this project will not be feasible; the development was never developed for curb & gutter and asphalt. As for city water and sewer, that has been checked into and estimated into the budget and also drainage detention. Block 1, Lots 9 & 10 will be used for drainage detention.
· Mark -Plat is still considered in the City of Dodge City and is a city concern.
· Kevin- States that this property never was in the City; error on the plat.
· Mark- the plat was filed as is.
· Doesn’t recommend moving on this plat until the information on the plat has legally taken care of
· Ed- The County did not approve this
· Kevin- The ford county regional planning commission did, which was made up of the City of Dodge City and Ford County
· Mark- and Board of City Commissioners
· Road standards- asphalt with curb and gutter
· Roads need to be built to the standards of the date of the plat if going to plat as is; Ordinance 203-2
· Road Standards in 1973 Regulations-
o Paved, curbed and guttered
o Engineering drawings
o Instruction procedures inspected by city or county engineer
o Costs paid for by the developer
· Kevin- there was a lot of subdivision done in the 70’s and anything outside of the city limits, there was no curb and gutter done outside the city limits.
· Ed- It’s unknown if curb & guttering was required if you were so close to the city at that time. It is unknown if once you got further out of the city, the regulations were waived somewhat. If a challenge to the regulations would be sufficient it can be taken before the Planning commission and then work your way up.
· Jim Bailes- passes out a letter from attorney David Snapp indicating that Jim bailes is the owner of the lots within the Lazy Acres West Subdivision. This letter also indicates that the county has required extensive upgrades on 109 Road just to the West of the Subdivision. It is in his opinion that because the plat was approved and filed in conformity with existing subdivision laws & regulations, there should be no restrictions on the ability to sell lots. He concluded that he did not find any reason or provisions, which would require his Client, Jim Bailes, to improve the existing road which was and has remained under public (township) control at the time of the plat.
· Planning Commission to make a recommendation, then we request input from the Township
· Subdivision cannot make a decision because it is an approved plat and it is subject to the developer to follow the regulations or to ask to have the regulations waived.
· Plat needs to go before the Planning Commission
· Variance would need to go before the Zoning Board

New Business- None
Old Business - None

The Subdivision meeting adjourned at 5:15 p.m.