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FORD COUNTY ZONING BOARD MINUTES
February 23, 2004
7:00 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, Gerhard Gerdes, Josie Lix

Staff present: Darlene Hemphill and Tracey Barton

Approval of Previous Meeting Minutes
Gerhard Gerdes made a motion to approve minutes from the January 26, 2004 Zoning Board meetings as presented. Scott Vander Hamm seconded the motion. The motion passed unanimously.

Public Hearings:
Case #04-01 Conditional Use Permit for Palomino Ranch, Inc.
Case number was changed from #03-18 to #04-01 on the agenda. The chairman formally opened the public hearing to consider a conditional use permit for Palomino Ranch, Inc. The chairman asked the staff if a complete application was received, if this notification was published in the official newspaper, written notice was sent to all owners with real property interests and if a sign was posted on site of the proposed zoning changed. The staff responded, “yes” to all questions. The chairman said that legal requirements had been fulfilled. He then asked if any of the members had a conflict of interest in hearing this case. There were no conflicts of interests in hearing the case.

Aaron Kite, Attorney at Rebein Bangerter PA, represents Palomino Ranch, Inc. Mr. Kite stated that his client is requesting a conditional use permit for a racetrack, horse track, a traditional Mexican rodeo, some related sell activities (food sells) and music between events. He said, “This application is a follow-up to the prior application. They submitted a new application in an effort to address some of the administrative concerns.” Mr. Kite suggested to the board that the appropriate way to ensure guarantees is to place conditions that would be acceptable to his client and to the county for a successful application.

The Chairman opened the floor to the zoning board for questions.

Mike Miller asked if they had plans to pave Pheasant Road.

Mr. Kite responded that they are willing to commit $5,000 toward road improvements immediately including maintaining it, and they will have enough funds to pave it within the next 18 months. He said, “They acknowledge that this is an issue, and the financial ability currently is unable to commit the full amount to pave the road.” Mr. Kite requested to work out a bond arrangement or something acceptable to the county that will allow Palomino Ranch Inc. to generate revenue to build the road.

Mike Miller asked if they have plans to also update the water and sewer lines.

Mr. Kite responded that his clients would like to think that the lift station that was installed is acceptable.

Mike Miller said that it is important to mention that the water and sewer is inadequate.

Mr. Kite said that the applicant would like to have further discussion with the city in respect to the sewer lines. He said, “The people who installed the sewer lines believed that it was sufficient. At the end of the day, the city requirement is what needs to be met. When the first permit was granted, they committed quite a bit of funds towards a lift station and some other things that at that time, he believed were adequate to address the sewer lines, but if additional requirements are necessary in order to satisfy the city or county, they are open. They would like to think that their lift station and current facility is sufficient and is open to reaching an agreement with the city as to what would be beneficial.”

The Chairman said that the water and sewer lines are not acceptable according to a letter received from the city (from Mr. Finley), as the lines were installed for residential use rather than commercial.

Mr. Kite indicated that he had not yet received a copy of the February 16, 2004 letter form Mr. Finley. A copy was provided to Mr. Kite. Mr. Kite acknowledged that the city is requesting that the original sewer system be re-evaluated to ensure that it can handle the plan of expansion. He said, “They are committed to re-evaluation. They are planning to work with the city to determine what is necessary.”

Mike Miller asked about the dikes, as there have been complaints because people are using it as a roadway. Discussion accrued.

Mr. Kite said, "They will cooperate and will accept any recommendations from the county and city. All of the property is fenced in, and it is impossible to reach the dike unless someone removes the fence.”

The Chairman said that he understands that the applicant is willing to put forth a performance bond as an alternative. Performance bonds work upon three things: character, capacity, and capital.

Mr. Kite said that from his client’s perspective it would be better if there were conditions placed on the application. Mr. Kite said, “It places my client in a much better position to ask for a commitment letter if we can get a conditional use application passed. In the process of talking to the companies, it was premature to get a commitment at this level.”

The Chairman also mentioned that he as a board member is concerned with the past performance of Mr. Kite’s client. He said, “We have never had so many complaints and problems arise from one case. Why should the board believe or what assurance does the board have that the client is going to turn the leaf on this.”

Mr. Kite stated that the only guarantee he is able to give is that if the client doesn’t comply with the permit, and then the permit goes away. Mr. Kite suggested that his client spent several thousand dollars in legal and engineering fees, which most likely means that he is serious about complying with the permit. His client acknowledges that there have been deviations from the permit, and situations that seem adversarial. And he wants to work through these issues. He has committed funds to these projects, and he does not want to commit those funds in vain.

Scott Vander Hamm said that the majority of the concerns that we get for this property is the road, which will eventually need to meet city standards, including the water and sewer.

The Chairman said that because this property is outside of city limits, there is no provision for the city, other than a vague state statute that says they have a voice since it is in the area of influence around Dodge City. However, we have a letter from Mr. Finley addressing city concerns.

Mike Miller said that there is a water well that is too close to the barn.

Mr. Kite stated that his client is prepared to move and plug the existing well if necessary.

The Chairman opened the floor for citizens of Ford County to speak for or against the conditional use permit.

Debbie Garcia, property owner, stated that she has not had any problems with the business or the road. She said that she doesn’t believe that it should be a requirement for Palomino Ranch, Inc. to pave the road, and she did not want the have to pay for it. She said, “If it has to be paved, it should be done two years down the road.

Mike Miller asked if she had any difficulties with the noise level.

Ms. Garcia responded that she owns a brick home, and she has not been bothered with noise issues. She said that her daughter, on the other hand, phoned in one complaint one evening. However, Ms. Garcia states that the noise has not been an issue for her.

Manuel Manriquez, owner of Dodge City Downs, stated that when issues of compliance were raised for Dodge City Downs, they complied (for example, sewer, the fence, etc.) Every detail was resolved. Palomino Ranch, Inc. had an original agreement two years ago to use their income to build a road and connect to city water and sewer, and it was not done. He said, “They did not keep their end of the deal. Dodge City Downs is financially struggling to make the business work, and by allowing Palomino Ranch, Inc. in will create more of a hardship for us. Dodge City Downs has done everything to comply with the conditional use permit. Palomino Ranch Inc. should not be issued a conditional permit, as they are not complying with requirements.”

Mrs. Manual Manriquez, owner of Dodge City Downs, said that they have spent their life savings on Dodge City Downs. She requests that Palomino Ranch not be granted a conditional use permit.

Julie Stegman, property owner at 2306 W. Park, said that the noise is unbelievably loud. Traffic has increased on their street because of the horse racing facilities. She doesn’t know if both places should be allowed to have concerts at the same time or other nights during the week. She said, “They are unable to have Sunday afternoon picnics at their home because of the noise.” She believes that if the area was surveyed, more citizens would agree that the noise is intolerable.

Mike Miller asked if she is within 1000 foot.

Mrs. Stegman said that she is not within 1000 foot, and the noise is very loud for them.

The Chairman asked for staff report.

Staff went over the recommendation for the previous application:
1. That all public buildings have plans that are stamped by a Kansas Licensed Civil Engineer or an Architect and inspected by an unbiased third party, acceptable to the Zoning Administrator at no expense to Ford County, for safety. (This is has been done and if the developer adds anymore buildings or grandstands he will have to come back to the Zoning Board with a new development plan. Recommend that a plan be submitted and approved for a changing room for the jockey, this was a requirement for Dodge City Downs.)
2. That the developer maintains a fence along the flood protection levee to insure that the levee will remain protected. (The fence is already there but he has not agreed to maintain it. Also the City of Dodge City has stated that the dikes were being used for exit and enters to the facilities and they were having trouble maintaining and keeping the dike in working condition. This is a big issue because these dikes are for flood protection for the community.)
3. That no horse or calf-tripping events be allowed. This may result in broken legs in the animals. (Horse tipping was addressed in the new application and will not be allowed calf tripping was not addressed.)
4. That in the event it is discovered, this property is not being used in a safe manner for either humans or animals, the Conditional Use Permit be voided.
5. That the developer submits a list of rules and regulation for all events to the Zoning Board for review of safety for the animals and the participant. (A list of rule and regulation was submitted on February 20, 2004 at 4:45 p.m.)
6. That a licensed vet be on site for all events and check immunizations records of all animals. (This was addressed in the new application.)
7. That the developer redesigns the grandstand for the racetrack so they are on the same side as the concession stands. (The location of the bleachers are in a bad place, they are in the middle of the track. There are three opening in the railing to allow access back and forth from the concession stands to the grand stands. There should also be gates installed in the rails on the opens and be kept closed during the races. This is a safety issue for the public. The developer needs to be aware that the plans for the grandstands need to be stamped by a licensed engineer prior to construction and inspected by an unbiased third party for safety.)
8. That a study be done on the sewer line for correct sizing and is reinstalled properly, not in the road right of way. The study and permits will have to be approved by both the City of Dodge City and Ford County before beginning of installation. (He has not agreed to move the sewer line out of the road right of way.)
9. That a study be done for correct sizing of the water line and fire hydrant and be installed properly. The study and permits will have to be approved by both the City of Dodge City and Ford County before beginning installation. (The developer has agreed to the study.)
10. That signs be posted stating no wagering. (Location of these signs was not addressed in the development plan. The developer has applied for a sign permit for the Palomino Ranch sign in accuracy to the Zoning Reg. This sign does not meet the 10 ft. required setback, if allowed it will need a variance.)
11. That the conditional use permit be issued for only the Bull Riding, Rodeo, and Horse Racing events and the stabling of horses and livestock. That the developer not be allowed to have an open-ended permit for any type of event. (See 1. (d.) Related entertainment events in the exhibit B). I am not sure what “live entertainment” is. Any other event will require a special events permit that must be applied for at least one month in advance.
12. That the trash pits and demolition piles on the property be cleaned up and a receipt from the Ford County Landfill be showed to the Zoning Administrator to insure proper disposal. These pits must be inspected by the Ford County Sanitarian before they are covered. (The trash pits were covered up. I was, not called to inspect it. There were signs that they had just covered it without cleaning out the trash. The demolition piles, shingles have not been addressed.)
13. That the developer hires a qualified trash service for trash pickup. (This was addressed in the new application.)
14. That the developer hires qualified personal, acceptable to the Ford County Sheriff, to control traffic at 14th Ave before and after any event. (This was addressed in the new application.)
15. That the developer asphalts curb and gutter the remainder of Pheasant Road to county standards at no expense to the county. (Has not agreed to this.)
16. That the developer submits a yearly schedule of all events. Any changes to the schedule must be submitted the Zoning office, no less than 1 month prior to the event, so that Emergency personnel may be notified. (This was addressed in the new application.)
17. That all vendor trucks and or food vendors have a current Food Service License. (This was addressed in the new application.)
18. All requirements must be complete before the developer is allowed to reopen.
19. All requirements will be at the developer expense and not to Ford County or the City of Dodge City.
20. That the developer has the water well plugged by a qualified well driller in according to KDHE regulation Article 30. Ford County Sanitarian must be on site for well plugging. This well does not or will not meet the requirements of Ford County Environment Code.
21. That the developer has to post a performance bond for an amount to be determined, so in the event that the developer does not meet all the requirements, the bond will be forfeited to Ford County.

Staff does not recommend approval for this Conditional Use Permit because the developer has not held up to his end of the condition set forth in resolution 2001-36. This resolution was approved for two years to give the developer time to see if he wanted to continue with the business before he would have to pave Pheasant Road. It has also placed an undue burden on the current residents by creating more traffic and the noise level has been unacceptable.

Staff stated that the developer does not show any signs of good faith.
1. He has still not agreed to do the road improvements.
2. He covered the trash pit without cleaning the trash out first. The receipt from Ford County Landfill was dated November 24, 2003, which was the day of the Zoning Board hearing. The receipt was for construction demolition and not for solid waste. The piles of shingles still have not been addressed.
3. He called Ford County the day after the November meeting, where I had stated that Pheasant Road was washed-boarded, and wanted the county to come out and grade the road. He has still not agreed to move the sewer that is in the road right-of-way.

Mike Miller asked staff the last date of inspection.

Staff said that it was in December to videotape and inspect the trash pit. Staff determined that they had only covered the trash pit because iron was sticking out of the ground where the trash pit was previously located and the shingles were still piled on the north side of the property line. She said that the still remains.

The Chairman asked if the applicant’s wanted to rebut.

Mr. Kite asked the board to take into account the fact that there are two operations that are generating noise. He said, “Palomino Ranch, Inc. has speakers on the ground, and they have restricted the event hours to go no later than 9 p.m. They are required to schedule events so there are not two events going at the same time. The “live entertainment” refers to a Mariachi Band or Mariachi-style music that will be played between events. There may also be skits, similar to what is seen during Dodge City Days. Regarding trash pits, his client is willing to rent a tractor and re-open the trash pits. He did not understand that Darlene should re-inspect the trash pits. After re-opening the pits, he will allow her to re-inspect.”

The Chairman said that that the sewer is in the road right-of-way. The problem with the installation is that in the event of sewer repair, the road will be disrupted for sewer line access.

Mr. Kite acknowledged that the sewer is in the right-of-way, and it is his client’s position that he will cooperate with the county to rectify.

The Chairman said that the sewer and water lines are sized for residential use rather than commercial. In the event of a fire, it could be catastrophic.

Scott VanderHamm said that he noticed conflicts between Staff’s notes and comments concerning the fence.

Mr. Kite said that they own and intend to maintain the fence.

Mike Miller asked if the fence is continuous along the entire property line?

Mr. Kite stated that it is continuous.

The Chairman asked if the applicant is able to comply with all twenty-one recommendations, especially #21—a performance bond that guarantees that the road will be built. He said, “this board is concerned with the safety, location, and health of Ford County. What is the evidence of the applicant changing heart?”

Mr. Kite suggested that because of the amount of money the applicant has spent in resubmitting the application, incorporating the business, and hiring an attorney, it appears he is serious.

Tony Stegman, property owner at 2306 W. Park, said that people come in on all parts of the river and drive on the dike. Palomino Ranch, Inc. has no control over who drives on the dikes. However, he recommended that if this is passed, there should be restriction for noise control.

The Chairman said that the county does not have a noise ordinance in place. If there are complaints for noise for either Dodge City Downs or Palomino Ranch, Inc., it should be voiced to staff for investigation.

The Chairman asked if there were any questions or comments from the audience. There was none. The Chairman closed the public hearing for case #04-01.

The Chairman said that the acceptance of a zoning request must be based on the following zoning criteria as stated under Kansas State Statute:
1. Character of the neighborhood.
2. Zoning and use of nearby parcels.
3. Suitability of parcel for proposed development.
4. Detrimental affects for nearby parcels.
5. Length of time of vacancy.
6. Hardship if the application is denied.
7. Conformity with the comprehensive plan.
8. Adequacy of the current facilities.
9. Additional information.

The board discussed the application in open forum.

Gerhard Gerdes began the discussion by stating his concern for safety, as everything the property will be used for should be stated on the application. He suggests that they have an all-weather/paved road for emergency vehicle access.

Scott VanderHamm suggested that other businesses require more traffic than what this business is going to generate. He said, “As long as the road allows for emergency vehicle access. I do not believe that the road needs to be paved immediately.”

Mike Miller wondered if the board is going to get a repeat in history based on the past experience with this applicant. “The trash pit needs to be corrected.”

Josie Lix stated that she believes that the applicant should comply with the conditions before the permit is granted.

The Chairman said that it is important to mention that they desire to see the business succeed. “However, the applicant has already had two years to comply with the guidelines. He has reviewed staff’s requirements, and it seems stringent, especially the performance bond. He doesn’t believe that the applicant will be able to meet the bond requirement. However, if those requirements are there, there’s a bonding company that puts up a bond, and it’s filed with the clerk of courts, he feels comfortable with that.”

Gerhard requested to add #22 for staff recommendations as: Engineered drawings for water, sewage, and all structures by licensed architect or engineer upon approval of public works. This will give the board a benchmark.

Scott recommended amending #18 to allow a grace period of 12-18 months for road, sewer, and water to be completed.

It was decided that they would need to post bond (with the life of 2 years 3 months minimum) to pay for all three of these items.

The Chairman added #23 to upgrade Pheasant Road applicable to Ford County minimum specifications for a non-asphalt surface and maintain it immediately.

Mike Miller motioned to approve applications based on a two-year conditional permit for #04-01 along with staff recommendations numbers 1-21 with #18 being amended to include a grace period of 12-18 months for paved road and water and sewer requirements to be met; addition of #21 – developer must produce a bond equivalent to the cost of a paved road (asphalt or concrete), move the sewer lines and upgrade to the required standard, and bring the water lines up to required standard, the bond will have a minimum life of 2 years 3 months; addition of #22 – engineered drawings for all structures including road, water, and sewer acceptable to the City Public Works Department and Ford County #23 – upgrade Pheasant Road applicable to Ford County minimum specifications for a non-asphalt surface and maintain it immediately.

Scott VanderHamm seconded the motion on the floor. The board took a written vote for the record. The motion passed unanimously, 5 in favor.

A five-minute recess was taken. The meeting reconvened at 9:07 p.m.

New Business
Two guests requested to address the board, Julie & Tony Stegman. Mrs. Stegman said she had concern about Chamness Technology, as they are not incorporating sludge appropriately. He has been injecting sludge for about 9 months without permission.

The Chairman asked Staff if she was aware of this.

Staff reported that she mailed a letter on December 20 to alert them of the need for a permit. “He had previously been injecting sludge into Dale Eichman’s ground without a permit, and I am not sure about the ground samples. His initial request was for paunch. Sludge is clearly solid waste according to the Zoning Regulation.

Staff received a call to alert her that the injections ceased from Chamness Technology. Staff agreed to talk to Glen, the county counselor, to determine whether he is grand fathered for sludge.

Julie Stegman said that she has one complaint with KDHE, they said that it’s not their responsibility.

The Chairman said that staff should write a letter and invoke the fine ($500/day) per incident if caught again.

Tony Stegman said that the odor is not controlled, and he has been applying for the last year and a half to that property. The Stegman’s are concerned with surrounding property as they are planning to build a new home soon.

The Chairman told the Stegman’s that with future concerns to alert staff, and the board will research and add this to the zoning board agenda. The Chairman directed staff to take action.

Other new business: A new staff member, Tracey Barton was introduced to the board.

Old Business
Staff is working on three cases: Victory Electric (substation near wastewater facility); Westwind Estates (trailer court); and Scott Kellenberger (re-zone for single family dwelling).

The Chairman suggested that this board be proactive rather than reactive. One issue that needs resolved is sidewalks for children going to Beeson School from Lazy Acres (for approximately 30 children). School children cannot be bussed to Beeson School if they live within a 2.5-mile radius of the school. And, there are no sidewalks for the children, causing them to walk in the street where the road is heavily traveled.

Scott VanderHamm motioned to adjourn the meeting. Gerhard Gerdes seconded the motion. The motion passed unanimously. The meeting ended at 9:41 p.m.

_________________________                                             _________________________
Lowell Brakey, Chairman                                                         Darlene Hemphill, Secretary



FORD COUNTY ZONING BOARD MINUTES
March 22, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, and Gerhard Gerdes

Members absent: Josie Lix (excused)

Staff present: Darlene Hemphill and Tracey Barton

Approval of Previous Meeting Minutes
Mike Miller made a motion to approve minutes from the February 23, 2004 Zoning Board meeting as presented. Gerhard Gerdes seconded the motion on the floor. The motion passed unanimously.

Public Hearings:
Case #04-02 Conditional Use Permit for Victory Electric
The chairman formally opened the public hearing to consider a conditional use permit for The City of Dodge City/Victory Electric. The chairman asked the staff if a complete application was received, if this notification was published in the official newspaper, written notice was sent to all owners with real property interests and if a sign was posted on site of the proposed zoning changed. The staff responded, “yes” to all questions. The chairman said that legal requirements had been fulfilled. He then asked if any of the members had a conflict of interest in hearing this case. There were no conflicts of interests in hearing the case.

Greg Underwood, Victory Electric presented that Dodge City is expanding the wastewater management facility. In order to accommodate the additional electrical load, they are constructing a new substation.

Lowell Brakey pointed out that if the plan includes small metal cowboy silhouettes in the landscaping, it becomes a requirement after permit is issued.

Mike Miller inquired about the type of fence.

Mr. Underwood responded that it would most likely be vinyl (low maintenance). He also said that they plan to expand the plant by adding additional transformers at a later date. He said, “The city will transfer ownership as long as the substation is there.” He added that if the plant is no longer needed in the future, they agree to remove everything, including the eleven-foot deep concrete pillars.

There were no comments or questions from the public.

Staff gave report including a recommendation for Victory Electric to restore the property to its original condition if the substation was no longer needed. Staff recommended approval of the development.

The Chairman asked if there were any questions or comments from the audience. There was none. The Chairman closed the public hearing for case #04-02.

Mike Miller made a motion to approve #04-02 as presented. Gerhard Gerdes seconded the motion. The board took a written vote for the record. The motion passed unanimously, 4 in favor.

Case 04-03 – Mildred Clark Estate (rezoning request)
No one was present to represent the rezoning request. Discussion accrued about the legal description.

Gerhard Gerdes moved to table this issue until the April 12 meeting. Scott VanderHamm seconded the motion. The motion carried unanimously.

Case 04-04 – Variance and Revised Development plan request by USA Auto Sales
Mike Miller reported that the subdivision committee previously met concerning this case, and no decision was made. Therefore, this case needs to return to that committee before it comes to this board.

Kevin Noll represented USA Auto Sales, discussed the development plan, which included additional parking and a reduction in road size from 30 foot to 24 foot. Kevin requested to hold a subdivision meeting this week (Thursday). Staff will be contacting committee members to determine availability.

Gerhard Gerdes moved to table this hearing until the April 12 meeting. Scott Vander Hamm seconded the motion. The motion passed unanimously.

New Business
Staff reported that Wes-Kan Siding and Windows (J-A-G Construction) requested a special meeting to be held April 12 to pass a development plan for expansion of their building. Also on April 12, Nathan Yancey has a land split that needs to be rezoned, in addition to tabled items from this meeting—Cases #04-03 and #04-04. If no applications are received by the deadline for the April 26 meeting, it may be cancelled.

Staff announced that the County Commissioners signed a contract with Baughman Inc. so Dave Yearout would be re-writing the zoning regulations, beginning in April. Dave requested a special meeting to gather input from various groups including the zoning board. No date has been scheduled yet. The board recommended a work session including buffet dinner at the country club on April 15 at 6 or 6:30 p.m.

Old Business
None

Notices and Communications
None

Reports
There was discussion about the Chamness letters. The County Commissioners will be reviewing this issue, and staff agreed to notify the zoning board of the date and time. The County Counselor is also in the loop concerning this issue.

Adjournment
Scott VanderHamm motioned to adjourn the meeting. Gerhard Gerdes seconded the motion on the floor. The motion passed unanimously. The meeting ended at 8:05 p.m.

_____________________________                      ______________________________

Lowell Brakey, Chairman                                          Darlene Hemphill, Secretary




FORD COUNTY ZONING BOARD MINUTES
April 12, 2004 (special meeting)
7 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, Gerhard Gerdes, and Josie Lix

Members absent: none

Staff present: Darlene Hemphill and Tracey Barton

Approval of Previous Meeting Minutes
Scott VanderHamm made a motion to approve minutes from the March 22, 2004 Zoning Board meeting as presented. Mike Miller seconded the motion, and the motion passed unanimously.

Public Hearings:
Case #04-03 Mildred Clark Estate, Rezone
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none. The applicant or agent was asked to step forward. This case is a rezone request from agriculture to suburban residential. Duane Palmberg presented that the client is rezoning so that he may sell a portion of the property. There were no questions from the public.

Darlene Hemphill provided the staff report. According to the county surveyor, this is a legal description; however, the buyer and seller should be aware that there is no statement in the legal description for the lot split—the surveyor did not find any section corners. Also, the surveyor states, “This does not constitute a boundary survey.” No property corners were set, and the information shown hereon should not be used to establish any fence, structure or other improvements. Therefore, no zoning certificates (building permits), water well, or waste water permits may be issued.

Staff recommends approval with a condition that the buyer sign a statement and file it with the Register of Deeds office stating that he is aware that zoning certificates, well water, or waste water permits may not be issued until a boundary survey is completed and corner pins are set.

Gerhard Gerdes asked if the property owners are aware of these concerns. Duane Palmberg stated that the property owners and buyers are aware of these concerns. The public hearing was closed.

Lowell Brakey stated that the nature of a zoning request must be based on the following criteria:
1. The character of the neighborhood.
2. Zoning and uses of nearby parcels.
3. Suitability of the parcel for the proposed developments.
4. Detrimental affects on nearby parcels.
5. Length of time of vacancy.
6. Hardship if the application is denied.
7. Conformity with the comprehensive plan.
8. Adequacy of current facilities.
9. Additional information.

Gerhard Gerdes made a motion for approval of the rezone with staff recommendations. Scott VanderHamm seconded the motion. A written vote was taken. The result was 5-0, a unanimous vote in favor of approving the rezone.

Case 04-05 – Wes-Kan, Development Plan
Scott Riederer said that Wes-Kan would like to add onto their building. Mike Miller asked what kind of business this is. Scott Riederer stated that Wes-Kan is a home improvement business. No questions from the public.

Darlene Hemphill read staff recommendations. This application is for a pre-existing conditional use permit. The applicant is adding onto an existing building to expand his business. The surrounding area is mostly commercial along US Highway 50. All setback requirements will be met, so no variance is needed. Staff recommended approval of the development plan.

Mike Miller asked the case number and whether the board has heard this before. Darlene Hemphill stated the case number is 04-05, and it has not previously been heard.

Lowell Brakey declared the hearing closed. Mike Miller made a motion to accept application of development plan as submitted along with staff recommendations. Gerhard Gerdes seconded the motion. A written vote was taken, and the results were 5-0, in favor of accepting the development plan.

Case 04-06 – Jerry Hager, Rezone from Agriculture to Suburban Residential
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded “yes” to all. Lowell Brakey stated that all requirements have been met. No members stated a conflict of interest in hearing this case.

Kevin Noll, Jerry Hager’s agent said that the 4-acre tract of land is for his granddaughter and fiancé. No questions were asked from the board. No questions were asked from the public.

Darlene Hemphill read staff recommendations. Corner pins were set and a percolation test was completed to ensure the soil is acceptable for a future septic system. Surrounding property area is agricultural. Staff recommended approval of the rezone.

Lowell Brakey closed the public hearing. Scott Vander Hamm made a motion to accept case #04-06 with staff recommendations. Josie Lix seconded the motion on the floor. A written vote was taken being unanimous, 5-0 in favor of accepting the application.

Case 04-04 – Westwind Housing Development/USA Auto Sales, Inc., development plan
Kevin Noll spoke on behalf of his client, Jim Bailes. Kevin Noll stated that they have redrafted the development plan including changes from the subdivision committee. They removed the cul-de-sacs and replaced with streets to allow for EMS and fire trucks to easily move from one side of the development to the other. Mike Miller asked if he was asking for variances, and if so, which lots? Kevin Noll responded that in order to build the road for emergency services without disrupting the whole plan, they need a variance for lots 23, 25, 61-69. He also wants to change the width of 55’ to 52’. That would allow clearance for parking on the side of the road (parallel with the street).

Lowell Brakey reminded everyone that a conditional use permit has already been approved. The reason for this plan is that they found that the previously submitted development plan was not economically feasible. Kevin Noll agreed that there were not enough lots in the initial plan. Lowell Brakey indicated that they do not have access to a county road, as 109 Road is a township road rather than a county road. Lowell Brakey asked if they had tried to obtain access to Beeson Road. Kevin responded that if they had access to Beeson, it would change the entire plat. Kevin Noll said that they are asking that a development district be created for this, and they have not yet received a response. Lowell Brakey clarified that the reason for their return is that they desire to place more homes into the plan. They want to change the road from 30 feet to 24 feet. Kevin Noll responded that in exchange for a smaller road, they have added more than adequate parking (3 stalls per lot) to the development plan.

Lowell Brakey said that one of the first and most improvements in the development plan was the improvement of 109 Road. Lowell Brakey asked Kevin Noll the status of this issue. Kevin Noll said that they are waiting on county counsel’s response for establishing a development district. Lowell Brakey said that he believes that the county has been somewhat negative on the fact of developing the road themselves. Kevin Noll agreed. No other questions from the board were asked. Lowell Brakey offered anyone from the public to speak..

Ron Reinert, Richland township board, said that they in the township are equally interested in promoting safety and health. He said that there are many conditions set for this development. He asked how all the conditions are being met, and where they are on the rest of the conditions. Are they meeting the conditions? Lowell Brakey said that the original conditional use permit was granted about 16 months ago. He said that the number one condition was 109 Road being developed and improved. Ron Reinert said that the township is unable to financially help by adding asphalt to the road. Any road improvements required of the township would place a terrible burden on them. He said that they would not be able to raise enough taxes to support the project. Another issue that he is concerned about is safety. There are four points of ingress and egress into the trailer park. There are trucks coming down the road going 40-50 mph weighing 50,000-60,000 pounds. The trucks are gravel trucks, cement trucks, farm trucks, etc. Ron Reinert has a great concern that they are going to have many traffic problems with people coming in and out, and he anticipates accidents in this area. He also is not sure where all the children will play. He said that there is a sandpit nearby, and the children may be drawn to play around it. He agrees that manufactured housing is needed in Dodge City. However, the location is not appropriate for this type of development, for many reasons. Another issue is that he finds no timeframe for completing the project. The county commission, a few weeks ago, rejected a situation very similar to this because the development plan did not have a timeframe. There are three phases, but no time is spelled out anywhere that he could find. Who monitors weather radios, untagged cars, and who will monitor to make sure these conditions are being met? His concern is that there is a project already existing that is one-third completed; however, it didn’t turn out, so it’s abandoned. Who cleans up the mess? He requested thought in this area and some answers.

Lowell Brakey said that even in the event that the developer did develop 109 Road up to county requirements, is the township in a position to maintain it? Ron Reinert said that there is no way, as maintaining that type of road is very expensive. They have not raised their taxes for many years, and they are doing well with a bare bones budget. There’s just no way they can burden the people for the price of the road or for upkeep. There were no other comments from the public.

Kevin Noll responded that this project is worth $900,000, which will raise the township tax income. Kevin Noll said that if the road is brought up to grade, why can’t they turn it over to the county to be maintained at that time? Lowell Brakey responded that the board doesn’t have anything to do with that. Kevin said that the road should be able to be done with 2 inches of asphalt, which is a less expensive way. Lowell Brakey said that Ron Reinert commented about ingress and egress roads and possible accidents. Kevin Noll stated that there will be just as much traffic whether there are two or four entrances. The separation in the entrances is important, and he does not see how it would change to reduce the number of entrances to the manufactured home park. Lowell added that he didn’t think the concern was the number of entrances, rather the amount of vehicular traffic on the road. Lowell Brakey said that he has seen firsthand what happens when a concrete truck runs into a Ford Explorer—it typically kills the driver and passengers. Kevin said that the same number of trucks travel on McArtor Road and Beeson Road. The other issue was the sand pit near Beeson School. He asked if it was ½ to ¾ mile from Beeson School. Ron Reinert responded that he believed it was. Kevin Noll said that if it’s not an issue for the school, it will not be an issue for this housing project. Ron Reinert responded that the children at school are supervised, where the children from the housing project may not be. No additional questions.

Darlene Hemphill gave the staff report. “EMS department would like to see the office lot and Lot 7 in exchange, and also lot 71 to be converted into parking for the office and shelter. They would also like to see the park gate widen to allow access for their trucks. The developer will need a variance in order for a manufactured home to be used as an office. Staff recommends this be allowed. Staff does not recommend a variance approval for a decrease in lot dimension from 55’ to 51’. There are certain qualifications for variances, and this does not meet the qualifications for the variance. Staff does not recommend approval of the new development plan because the developer is using a description of easement for a road, so that setbacks will not have to be met. For example, the center road is labeled “EMS, fire, utility easement”. The utility easement for the storage, boat, untagged vehicles, and campers is included in the lot size. This causes problems, and I consider this to be a safety issue for lot 70, 71, 21 and 22. If the road easements are referred to as “roads,” the developer does not meet the density requirement. Density is defined as: A manufactured home should not be developed at a gross density greater than 7 manufactured homes for each 1-acre of ground, excluding road right-of-way and common open spaces within the manufactured home park. The developer is using a walkway for the park, as an easement. This causes problems for the sides of the lot on 74 and 75. It does not allow ample room for front porch or back porch. The same could be said on lots 21 and 22. Lot 16, 17, 80, and 81 also have easements in walkways. I would consider them an easement rather than a walkway, basically because they are only going to the edge of the property rather than to a park or to a designated location. It is stated in the plan that the additional county road right-of-way is to be acquired by the developer. The conditional-use permit was issued on February 18, 2003. Perhaps this could have been resolved over the past year. Additionally, paving 109 Road is required for the conditional-use permit and still remains unresolved. I recommend denying the development.”

Mike Miller asked for a definition of “net acre”. Staff responded that in the zoning regulations under manufactured home park, the density shall be no greater than 7 manufactured homes per acre for each net acre. The net acre does not include the road right-of-way or common area. It only includes the actual sites. Gerhard Gerdes commented that public safety was a concern with other variances previously reviewed. With the 24-foot roads, it doesn’t take much to block them. He said, “I think we’re pushing it to the limit of what’s legal and what’s illegal. And, as far as 109 Road, as many houses are going to be there, it’ll be a regular racetrack in the dirt.”

Kevin Noll responded that the “easement” is used rather than “road” because it was most recently drawn, and they did not want to redrawn the entire plan to accommodate the road. EMS said they did not need the road at the first subdivision meeting, so they redrew the plan without it, and at the following meeting, they asked for it. He told them that every time they request one change, the whole thing changes. It is not easy to change the entire development plan. Right now, with 124 homes, and the additional cost with guest parking, they’re back almost to the same place they were before—it is barely economically feasible. Kevin Noll put the road in for EMS to use only, as he did not believe it was necessary for everyone to use the road. If it is going to be used as a road, yes, it should have setbacks. The easement will be used only for EMS—not for public to travel on; therefore, he does not feel that it has to be 24-foot wide. They are planning a 10-foot gravel road only to be used for the storage/boat area. It does not need to be two-way traffic—it will only be used for getting boats and campers in and out. They can make the lots nearby larger. This last-minute road addition does throw them over the density requirement. Between lots 74 and 75—it is not a walkway. It is an actual utility easement. Access to the park will be only past the office and storm shelter on the concrete drive that EMS will have. Kevin had no problem with making the gates wider for EMS. He is willing to remove the west edge of the park to give more radius/room to get in and out of the manufactured home park. They made a place for a walkway to Beeson School between lots 16 and 17. Easements do not reduce the lot size. The additional right-of-way, along Road 109 is not required until this is approved and the engineering plans are complete. The current right-of-way is 30 foot--behind that is 25’ utility easement.

Jim Bailes said that they have an agreement with neighbors concerning the water and sewer easement. Kevin Noll said that in order to facilitate placing a road across the development, he is requesting that they allow the road without having to change the entire plan. He wants to make it work without having to redraw it. No further questions from Kevin. Darlene Hemphill added that she recommended to Kevin that the storm shelter be moved to Lot 70 and eliminate the manufactured home on lots 70 and 71 in order to widen road and cut off gate for EMS. This will give plenty of room and possibly the zoning board would make a variance on the office and storm shelter setbacks. Kevin Noll was unwilling to lose two manufactured home lots. The original plan had 113 homes, and the new has 124.

Jim Bailes asked to speak. The original development plan was approved. He wanted to know if he could still use it. Lowell Brakey stated that as long as the conditions are met, he can use the development plan. Jim also said that he assumed that the board knew in the original development plan that the office would be a manufactured home. He asked if the variance for the manufactured home being used as an office could also be applied toward the first development plan? Staff did recommend that this variance be allowed. Jim asked if this would be allowed toward the first plan rather than the existing. Lowell Brakey asked if this means that Jim is considering using his first plan rather than the existing plan. Jim Bailes said that the current plan really is the best; however, it is going to cost more to build. It has another eleven houses. Jim said that as tough as this has been, he is thinking about going back to the original plan. Lowell Brakey said that the first plan included 30-foot roads, two parking stalls per lot, which is basically what is required under regulations. Lowell Brakey asked if he wanted to forego all the changes. Jim Bailes responded that he is thinking about it.

Kevin Noll asked for two separate votes if possible—one for the manufactured home park/original plan and the other for the current plan and variances. Lowell Brakey said that the initial plan has 8 months left to run. No changes were made to the development plan that evening. Lowell Brakey said, “The purpose of giving public notice is so that people know what is happening. Changing the first development plan without giving public notice, is not what we are doing tonight. When a variance is requested, we have to follow Kansas State Statute by giving notice of what those two variances are.”

We base our decision on the following criteria:
1. The character of the neighborhood.
2. Zoning and uses of nearby parcels.
3. Suitability of the parcel for the proposed developments.
4. Detrimental affects on nearby parcels.
5. Length of time of vacancy.
6. Hardship if the application is denied.
7. Conformity with the comprehensive plan.
8. Adequacy of current facilities.
9. Additional information.

Lowell Brakey reviewed the comprehensive plan and how it applied to this case. After review, it did not appear that the comprehensive plan requirements were being met. Quality housing parks are needed. However, the second development plan makes the area more congested.

Mike Miller made a motion to decline the application for the Westwind Manufactured Home Park. Gerhard Gerdes seconded the motion on the floor. No discussion. A written vote was taken and was unanimous 5-0 in favor of declining the application. Lowell Brakey added that the original development plan is still in force, and he may come back to the board for minor variances to the existing plan. All of the original conditions still apply, including the improvement of 109 Road.

New Business
The commissioners voted on the Del Real (Palomino Ranch), and it was returned to the zoning board for clarification regarding when the road improvements, water, and sewer are to be done.

Gerhard Gerdes resigned his position on the zoning board. Two new applications have been received—Brent Schraeder and Grant Powers. The commissioners will appoint a new zoning board member.

The next meeting will be held on Monday, April 26. On the agenda will be Kay Hahn, Rezone; Del Real, and Laura Carlson / Casa Loma subdivision. Gerhard Gerdes made a motion for staff to work with Glen Kerbs to determine whether the zoning board can hear environmental issues. Scott VanderHamm seconded the motion. The motion carried unanimously 5-0.

Lowell Brakey suggested nominating a new vice-chair person, since Gerhard resigned. Scott VanderHamm volunteered for the position. Mike Miller made a motion to elect Scott as the vice-chairperson. Josie Lix seconded the motion, and it passed with a unanimous vote.

Old Business
None

Notices and Communications
Dave Yearout will be re-writing zoning regulations, and a meeting is scheduled on Thursday, April 15 at 6:30 p.m. at the Country Club. Dinner is provided. Mike Miller and Lowell Brakey were the only two who were able to attend.

Reports
There was nothing to report on land application.

Adjournment
Scott VanderHamm motioned to adjourn the meeting. Josie Lix seconded the motion on the floor. The motion passed unanimously. The meeting ended at 8:36 p.m.

_________________________________
Lowell Brakey, Chairman Secretary

FORD COUNTY ZONING BOARD MINUTES
April 26, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, Gerhard Gerdes, and Josie Lix

Staff present: Ed Elam and Tracey Barton

Approval of Previous Meeting Minutes
Upon the motion of Scott VanderHamm and seconded by Gerhard Gerdes, to approve minutes from the April 12, 2004 Zoning Board meeting as presented, the motion passed unanimously.

Public Hearings:
Case #04-07, Danny & Kay Hahn Rezone
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none.

The applicant or agent was asked to step forward. This case is a rezone request from agriculture to suburban residential. Danny Hahn requested a rezone so that he may sell a portion of the property. There were no questions from the public.

Ed Elam provided the staff report. Staff recommended approval of the rezone request.

Upon the motion of Gerhard Gerdes and seconded by Scott VanderHamm, moved to approve the rezone with a condition that the buyers sign and file a statement with the register of deeds office stating they are aware that no zoning certificates, water well, or waste water permits may be issued until a legal survey is completed, the vote being Lix-yes; Gerdes-yes; Brakey-yes; Miller-yes; and VanderHamm-yes.

New Business
Palomino Ranch Inc. –Ed Elam read comments from the commissioners, who were looking for information about the performance bond for Palomino Ranch.

The zoning board wants to be sure that the road be built with the least expense to the county now and in the future. The board concurred that the minutes and resolution wording covered the discussion items. Therefore, no motion was made.

Casa Loma
Ed Elam reported that according to the county counselor, there is no action needed at this time from the zoning board in regards to Casa Loma.

Old Business
None

Notices and Communications
The meeting with Dave Yearout has been rescheduled for Tuesday, May 4 at 6:30 p.m. at Casey’s Cowtown. Dinner is provided. This will be a working session to review the zoning regulations. Four of five zoning board members indicated that they are able to attend.

Reports
Ed Elam reported that staff is working with the state to get clarity on definitions regarding Chamness land application.

Ed Elam said that advertisements have been posted in the newspaper and Internet for the Planning & Zoning Administrator position.

Upon the motion of Josie Lix and seconded by Mike Miller, moved to honor Darlene Hemphill with a plaque for the years of service on the zoning board, the vote being unanimous. The plaque is for the time she served on the zoning board.

In order to assist economic development in the county, Lowell Brakey emphasized to staff that the board is more than willing to hold special meetings, as long as it is not abused.

Adjournment
Upon the motion of Scott VanderHamm and seconded by Josie Lix, moved to adjourn at 7:25 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 7:25 p.m., said Board adjourned.

_________________________________

Lowell Brakey, Chairman Secretary

FORD COUNTY ZONING BOARD MINUTES
May 27, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, Grant Powers, and Josie Lix

Staff present: Ed Elam and Tracey Barton

Approval of Previous Meeting Minutes
Upon the motion of Mike Miller and seconded by Scott VanderHamm, to approve minutes from the April 26, 2004 Zoning Board meeting as presented, the motion passed unanimously.

Welcome new zoning board member. A special welcome was made to Grant Powers, who was appointed in place of Gerhard Gerdes, who passed away this week and will be greatly missed. Gerhard Gerdes served on the zoning board since the board was established in 1997. The board previously made a motion to present a plaque to him, and it was delivered before he passed away.

Chairman Lowell Brakey presented a plaque to Darlene Hemphill, previous Planning, Zoning, and Environmental Health Administrator for the time she served on the zoning board from 2000 to 2004.

Public Hearings:
Case #04-08, Blanche Enlow/Barbara Higby
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none.

This case is a rezone request from agriculture to suburban residential. Kevin Noll, agent for the applicant, stated that 5.84 acres is being split off for a new home. There were no questions from the public.

Ed Elam provided the staff report. Staff recommended approval of the rezone request.

Upon the motion of Mike Miller and seconded by Scott VanderHamm, moved to approve the rezone request, the vote being Lix-yes; Powers-yes; Brakey-yes; Miller-yes; and VanderHamm-yes. This case will continue to the Ford County commissioners for final decision on June 21, 2004.

Case #04-09, Aquila/NV Ranch
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none.

Clarence Supis and John Classen, employees of Aquila stated that this case is a conditional use request for an electrical substation. They responded to the zoning board that construction has not yet begun, and this is separate from Victory Electric’s substation. They alerted the board to a change in the site plan. RV Ranch requested to move the substation back approximately 50 feet to allow use of driveway for farming operation. The easement is for 70-80 feet. The site plan was amended to reflect changes.

Ed Elam provided the staff report. Staff recommended that when the substation is no longer needed, the developer should be responsible for replacing to the original condition (remove all equipment and fencing). Staff recommended approval of the rezone request.

The chairman declared a 5-minute recess at 7:34 p.m. The meeting reconvened at 7:40 p.m. There were no additional questions from the board, staff, or the public. The public hearing was closed.

Upon the motion of Scott VanderHamm and seconded by Josie Lix, moved to approve the conditional use application including staff recommendations and the amended site plan, the vote being Lix-yes; Powers-yes; Brakey-yes; Miller-yes; and VanderHamm-yes. This case will continue to the Ford County commissioners for final decision on June 21, 2004.

New Business
2004/2005 Meeting Schedule
Upon motion made by Scott VanderHamm and seconded by Grant Powers, moved to approve the proposed 2004/2005 meeting schedule, the vote being Lix-yes; Powers-yes; Brakey-yes; Miller-yes; and VanderHamm-yes.

Old Business
Chamness – nothing to report.

Notices and Communications
Ed Elam reported that he has interviewed 5 people and is continuing discussion with two applicants. He anticipates an announcement at the end of the week.

Reports
Powers noted that Article 6:3 clearly states that the chairman shall not vote unless it is to break a tie. Lowell Brakey noted that the board has discussed this in the past. Upon a motion made by Powers and seconded by Miller, moved that the chairman should not vote unless it is to break a tie. The motion passed 4-0 in favor.

Adjournment
Upon the motion of Scott VanderHamm and seconded by Mike Miller, moved to adjourn at 7:54 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 7:54 p.m., said Board adjourned.

_________________________________
Lowell Brakey, Chairman Secretary

FORD COUNTY ZONING BOARD MINUTES
June 14, 2004 – Special Meeting
7 p.m. Rose Room
Ford County Government Center

Members present: Lowell Brakey (Chairman), Mike Miller, Scott VanderHamm, Grant Powers, and Josie Lix

Staff present: Ed Elam, Mark Shriwise, and Tracey Barton

Public Hearings:
Case #04-10, Coker Truck Repair/Development Plan
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none.

Mike Miller joined the meeting.

This case is a development plan request to add an additional building to the site. Kenneth Coker stepped forward and said that it is their desire to create more space for truck repair. The building is a Morton Building, and Morton Company will be completing the work. Miller asked if this was an addition to an existing building. Mr. Coker responded that this is a new building and that the building will be attached to an existing building. He also said that the septic system is being replaced, and he has been in contact with the Ford County Sanitarian’s office. There were no questions from the public.

Mark Shriwise provided the staff report. Staff recommended the following:
· That all public buildings have plans that are stamped by a Kansas Licensed Civil Engineer or an Architect and inspected by an unbiased third party, acceptable to the Zoning Administrator at no expense to Ford County, for safety.
· Staff recommended approval of the development plan.

The public hearing was closed. Upon the motion of Mike Miller and seconded by Scott VanderHamm, moved to approve the development plan, the vote being Lix-yes; Powers-yes; Miller-yes; and VanderHamm-yes. This case will continue to the Ford County commissioners for final decision on June 21, 2004.

Case #04-11, Pentecostal Holiness Church/Conditional Use Permit Request
Lowell Brakey asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interested, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Lowell Brakey stated that all requirements have been met. He asked if any of the members had a conflict of interest in hearing this case. There were none.

Pastor Pascual and Raquel Juarez (interpreter) stated this is a conditional use request to receive a permit for the establishment of a church. A copy of a letter from the city engineer outlining concerns was distributed to the zoning board.

Pastor Pascual said that they would prefer to leave Bailes Street in gravel. He has made application with the city for water and sewer. There were no questions from the public.

Mark Shriwise provided the staff report. Staff recommended the following:
· All buildings have plans that are stamped by a Kansas licensed civil engineer or an architect and inspected by an unbiased third party, acceptable to the Zoning Administrator at no expense to Ford County, for safety. (Stamped plans have been received.)
· The building meets setback regulations.
· Address City concerns:
o Applicant is conferring with city for water and sewer connections.
o Discuss Bailes Street improvements.
o Only one entrance from Bailes Street is planned.
o Elevation certificate has been completed.
o According to FEMA, because the flood elevation study certifies that they are not more than one foot below flood elevation, they are not required to obtain a drainage study or a state permit. (K.A.R. 5-44-2 and K.A.R. 5-45-14 (2)).
o Staff recommends approval.

Miller said that the legal description indicates that it is an addition to the city of Dodge City. A zoning/plat map and subdivision map were obtained to make the final determination that the property is located in the county.

Brakey asked that staff elaborate more on what they would like to see of Bailes Street improvements. Shriwise said that it was his understanding that the county would recommend a hard surface, and paving only to the property border. Discussion continued about the possible requiring of the church to improve Bailes Street. No questions from the public. Staff added that if city sewer is unavailable, the applicant will need to sign some sort of document that guarantees the two lots will not be sold separately, as they are unable to place a septic system on any tract of land less than 2 acres.

Upon the motion of Mike Miller and seconded by Grant Powers, moved to approve the conditional use application including staff recommendations, that the applicant connects to city water and sewer and does not improve Bailes Street, the vote being Lix-yes; Powers-yes; Miller-yes; and VanderHamm-yes. This case will continue to the Ford County commissioners for final decision on July 6, 2004.

New Business
Mark Shriwise, the new Planning, Zoning, and Environmental Health Administrator was introduced to the zoning board.

Notices and Communications
Subdivision Regulations were discussed concerning curb, gutter, and streets. Ford County subdivision regulations were developed to encourage growth in the city rather than in the county—cities grow and counties shrink. By allowing subdivision development in the county, we are placing a higher burden on the county police and fire department. By enforcing the subdivision regulations, we are discouraging growth in the county. Consistency should be maintained by following the subdivision regulations.

When considering new subdivisions and conditional use applications, staff and the zoning board need to be sure that townships are involved, as they do not have funding to maintain roads. The subdivision committee will be making a recommendation to the zoning board regarding enforcement of the regulations.

Reports
Clarification was sought as to the role of Harry Hunsley. Ed Elam said that Harry Hunsley will serve as a resource for roadways and roadway construction at subdivision preliminary plat meetings.

Adjournment
Upon the motion of Scott VanderHamm and seconded by Mike Miller, moved to adjourn at 8:26 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 8:26 p.m., said Board adjourned.

_________________________________                            ______________________________
Lowell Brakey, Chairman                                                       Mark Shriwise

FORD COUNTY ZONING BOARD MINUTES
June 26, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Josie Lix, Grant Powers and Ric Marboeuf.

Members absent: Scott VanderHamm

Staff present: Mark Shriwise, and Tracey Barton

Approval of meeting minutes
Upon the motion of Mike Miller and seconded by Josie Lix, moved to approve the meeting minutes from May 27, 2004, the vote being Lix-yes; Miller-yes; VanderHamm-yes, and Marboeuf-yes. Upon the motion of Mike Miller and seconded by Josie Lix, moved to approve the meeting minutes from June 14, 2004, the vote being Lix-yes; Miller-yes; VanderHamm-yes; and Marboeuf-yes.

Public Hearings:
Case #04-12, Edith and Paul Giessel/Rezone
Scott VanderHamm, Vice Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Vander Hamm stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

This case is a rezone from agricultural to suburban residential. Duane Palmberg, agent for the applicant, stated the property split is for mortgage purposes. There were no questions from the public.

· Mark Shriwise provided the staff report. Staff recommended approval of the development plan, as all setback requirements are in compliance with the regulations.

The public hearing was closed. Upon the motion of Mike Miller and seconded by Ric Marboeuf moved to approve the rezone, the written vote being Lix-yes; Miller-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on July 19, 2004.

Case #04-13, Greg Keck/rezone
VanderHamm asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. VanderHamm stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

Ken Parks, agent for the applicant stepped forward and stated they desire to expand the zoning that was approved last year to include 6 lots. No comments from the public.

Mark Shriwise provided the staff report. The following history was provided: The Ford County commissioners approved a rezone in resolution number 2003-41 on November 13, 2003. The resolution approved a rezone from agricultural to suburban residential in parts of tract 1, 2, 3, in Melrose Place Subdivision in Section 30, Township 26 South, Range 25. On May 25, 2004 a new rezoning application was submitted because of a change in the legal description. All suburban residential setback distances are in compliance with the regulations.
· Staff recommends that a copy of the updated legal description (as stated in June 21, 2004 letter) be included in the resolution.
· Staff recommends approval of rezone.

Mike Miller inquired of the preliminary plat status. Ken Parks stated that he turned in the preliminary plat this evening. Ric Marboeuf asked if they have approached KDOT for approval of the two entrances from Highway 50. Parks responded that they are both existing entrances, and the plans are for the road to be graveled and maintained privately. The public hearing was closed.

Upon the motion of Ric Marboeuf and seconded by Mike Miller, moved to approve the rezone application including staff recommendations, the written vote being Lix-yes; Miller-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on July 19, 2004.

New Business
A welcome was extended to Ric Marboeuf, the newly appointed zoning board member.

Election of Officers
Mike Miller reported that a volunteer is needed for the Joint Planning Board and the Subdivision Committee, and a Chairman needs to be nominated.

Mark Shriwise was appointed as Zoning Board Secretary.

Upon the motion of Josie Lix and seconded by Scott VanderHamm, nominated Mike Miller as Chairman of the Zoning Board, the vote being Lix-yes; Miller-yes; VanderHamm-yes; and Marboeuf-yes.

Ric Marboeuf volunteered to participate on the Joint Planning Board. Upon the motion of Ric Marboeuf and seconded by Scott VanderHamm, moved to appoint Ric Marboeuf to the Joint Planning Board, the vote being Lix-yes; Miller-yes; VanderHamm-yes; and Marboeuf-yes.

Scott VanderHamm volunteered to participate on the Subdivision Committee. Upon the motion of Mike Miller and seconded by Ric Marboeuf, moved to appoint Scott VanderHamm to the Subdivision Committee, the vote being Lix-yes; Miller-yes; VanderHamm-yes; and Marboeuf-yes.

Old Business
Mark Shriwise said that KDHE approved the updated environmental code. A copy will be provided to the zoning board. The LEPP grant was mailed to the state and approved—it provides $17,852, which is earmarked mainly for salary, equipment, etc.

Reports
Staff attended a seminar in Salina for floodplain/FEMA last week that was very helpful. Also, when the Pentecostal Holiness Church applied for city sewer, the city required that they annex into Dodge City.

Upon the motion of Mike Miller and seconded by Josie Lix, moved to present a plaque to Lowell Brakey recognizing his years of service on the Zoning Board, the vote being Lix-yes; Miller-yes; VanderHamm-yes; and Marboeuf-yes.

Adjournment
Upon the motion of Ric Marboeuf and seconded by Mike Miller, moved to adjourn at 7:24 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 7:24 p.m., said Board adjourned.

_________________________________                                  ______________________________
Scott Vander Hamm, Vice Chairman                                            Mark Shriwise, Secretary

FORD COUNTY ZONING BOARD MINUTES
July 26, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Josie Lix, Grant Powers and Ric Marboeuf.

Members absent: Scott VanderHamm

Staff present: Mark Shriwise and Tracey Barton
Guest: David Yearout

Approval of meeting minutes
Upon the motion of Josie Lix and seconded by Ric Marboeuf, moved to approve the meeting minutes from June 28, 2004, the vote being Lix-yes; Miller-yes; Powers-yes, and Marboeuf-yes.

Plaque Presentation
A plaque was presented to Lowell Brakey for years of service on the zoning board from 1997-2004.

Public Hearings:
Case #04-14, Jack Ayers Rezone
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

This case is a rezone from agricultural to suburban residential. Mr. Ayers stated that the property will be split so that the home site may be sold. The property has been re-platted to include 3 lots total.

Kay West, neighbor, asked why they need to be rezoned to suburban residential and what will be done with the road. She also said that three mobile homes were recently put in near her property, and no notice was given. The mobile homes were put into the Larco Addition, which was platted many years ago.

Ellis Pugh, neighbor, asked after the property is rezoned, can further be broken into smaller lots. He stated that he does not want to see an influx of population in this area.

Mark Shriwise provided the staff report. Staff recommended approval of the development plan, as all setback requirements are in compliance with the regulations. The existing road on the quarter section line will remain private and named “Ayers Drive.” Concerning the final plat, we are waiting on approval from a couple of county officials.

The public hearing was closed. Upon the motion of Ric Marboeuf and seconded by Grant Powers moved to approve the rezone including staff recommendations, the written vote being Lix-yes; Powers-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on August 16, 2004.

Case #04-15, James Shelor/rezone
Miller asked if staff received an application that is complete; clear legal descriptions were provided; appropriate documents—being the site plan received; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

Kevin Noll, agent for the applicant stated that they are splitting property to sell the home site. An independent study was completed for the flood elevation, and the house is not in the flood zone.

Grant Powers asked where the asphalt, mixing strip is in relation to the property. Kevin responded that it is south of the property being discussed.

Mark Shriwise provided the staff report. The buildings are outside of the flood plain, and setback requirements have been met. Staff recommended approval.

Upon the motion of Josie Lix and seconded by Ric Marboeuf, moved to approve the rezone application including the KDOT correction to survey, the written vote being Lix-yes; Powers-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on August 16, 2004.

Case #04-16 Tim Volz/Development Plan
Tim Volz desires to build a private storage shed to his property. He requested a variance from the sides and rear of the property. He requested 1-foot setbacks from either side and 5 foot from the rear. Volz stated that the building will be for personal use only—spaces in the building will not be rented out. This will be for construction use for his business.

Miller asked if he considered an L shaped building. Powers asked about an agreement with the neighbors if he builds within 1 foot of the property. Marboeuf asked if guttering will be added to the building so that it is not draining on someone else’s property.

From the public, David Yearout recommended that the board make a decision as to whether this is the best thing for the property. Lowell Brakey read KSA 12:7:65 statute that says the setback requirement should be upheld unless it causes a financial hardship.

Kevin Noll pointed out that the property north west of the building site is going to be an easement to Fastenal.

Mark Shriwise read staff recommendations. The present office building has a septic tank and lateral field. The proposed storage building driveway will be on top of the lateral field. Since city sewer isn’t available, the owner should abandon and plug the laterals of the existing septic tank, and the tank will need to be pumped periodically. Staff recommends approval of the development plan.

Upon the motion of Grant Powers and seconded by Ric Marboeuf, moved to bring the development plan to a written vote for acceptance, the written vote being Lix-yes; Powers-yes; and Marboeuf-no. This case will continue to the Ford County commissioners for final decision on August 2, 2004.

Old Business
Miller asked if there is an approved conditional use permit for land application? He added that this is industrial, not agricultural. He also said that we have it on the agenda every month to track what’s going on and so that the public knows that the board has not forgotten about it.

Reports
August 9 – Special Meeting:
Pet Store at 800 Avenue P - Conditional Use permit

August 23 – Regularly scheduled meeting
Gerald Lix – Rezone
Linda Rodriguez – Rezone & final plat

Dave Yearout, consultant with Baughman and Associates, shared about zoning codes and gave recommendations for improvement.

Adjournment
Upon the motion of Ric Marboeuf and seconded by Mike Miller, moved to adjourn at 9:48 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 9:48 p.m., said Board adjourned.

_________________________________                                      ______________________________
Mike Miller, Chairman                                                                      Mark Shriwise, Secretary

FORD COUNTY ZONING BOARD MINUTES
August 9, 2004 – Special Meeting
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Josie Lix, Scott Vander Hamm and Ric Marboeuf.
Members absent: Grant Powers

Staff present: Mark Shriwise and Tracey Barton

Approval of meeting minutes
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to approve the meeting minutes from July 26, 2004, the vote being Lix-yes; Miller-yes; Vander Hamm-yes, and Marboeuf-yes.

Public Hearings:
Case #04-17, Conditional Use – Robin Roberts/T & R Pets
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none. However, a site plan was not provided with this application.

This case is a conditional use request for a pet store. Robin Roberts stated that her plan is to open a pet store by obtaining the appropriate licenses from the state. She needs a USDA license for hedgehogs or sugar sliders (which are very small animals and are considered exotic according to USDA). The pet store will sell cats and dogs, will have 45 fresh water aquariums and 14 salt-water aquariums, iguanas, snakes, spiders, and birds. She will not have cougars or bobcats or any other types of exotic animals. There may or may not be an outside pen to let the dogs outside to go to the restroom; however, this will not be a dog kennel and no dogs will remain outside overnight. In the future, she is considering adding a grooming service, and the dogs would be kept in pens and not overnight. She is following the USDA requirements very closely under the advisement of her veterinarian. There are no modifications needed to the outside of the building other than roof replacement.

She said that the driveway/parking lot of the business is gravel. She said it may be possible to incorporate the cost into the loan from the bank. Discussion continued concerning the location of the septic system as part of it appears to be under the driveway.

Mark Shriwise provided the staff report. Staff recommends the following:
· That the owner will abide by all federal, state, and county laws for caring, treatment, aiding, and boarding animals. All deceased animals must be disposed of according to state and/or local requirements.
· That the septic tank and lateral area be barricaded to prevent driving on the lateral field. The septic tank shall be cleaned out periodically and sewage disposed of according to Ford County Environmental Code.
· That the owner keep the premises clean, odor and pathogen free.
· That the owner abide by Ford County Conditional Use Articles.
· That the consulting services of veterinary should be employed.

Staff recommended approval of the development plan. Discussion followed concerning feedback from neighbors regarding the business. The public hearing was closed.

Upon the motion of Ric Marboeuf and seconded by Scott Vander Hamm moved to recommend approval of the conditional use application including staff recommendations, that the applicant submit a site plan and investigate the septic system and if necessary repair the septic system, the written vote being Lix-yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on September 7, 2004.

Final Plat – Jack Ayers
The final plat was submitted by Dave Matthews of Matthews Land Surveys. It was recommended that the road be filled in near the flood plain.

Mark Shriwise provided the staff report with the following recommendation:
· The existing road (Ayers Drive) should be improved to minimum county standards.

Upon the motion of Scott Vander Hamm and seconded by Josie Lix, moved to recommend approval of the final plat including staff recommendations, the written vote being Lix-Yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision with the rezone application on August 16, 2004.

Old Business
Land application – no updates to report.

Reports
August 23 – Regularly scheduled meeting
Gerald Lix – Rezone
Linda Rodriguez – Rezone & final plat
Greg Keck – final plat

Commission Chairman Goodnight joined the meeting. He thanked the zoning board for the job that they do and said that the commission values the zoning board’s recommendations, and typically they will follow the recommendations that are offered.

Adjournment
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to adjourn at 8:09 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 8:09 p.m., said Board adjourned.

_________________________________                               ______________________________
Mike Miller, Chairman                                                               Mark Shriwise, Secretary

FORD COUNTY ZONING BOARD MINUTES
August 23, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Grant Powers, Scott Vander Hamm and Ric Marboeuf.
Members absent: Josie Lix

Staff present: Mark Shriwise and Tracey Barton

Approval of meeting minutes
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to approve the meeting minutes from August 9, 2004, the vote being Powers-yes; Miller-yes; Vander Hamm-yes, and Marboeuf-yes.

Public Hearings:
Case #04-18, Rezone – Linda Rodriguez
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

Mark Shriwise provided the staff report.
The applicant is splitting and rezoning a five-acre lot from 61 acres in order to meet mortgage requirements.
· That the private road be improved and maintained to meet Ford County minimum road standards.

For the final plat, the following recommendations were made:
· Change “Mike” Miller to “Michael” Miller.
· Update the owner’s certification list to include Mel Bollinger.

Staff recommended approval of the rezone and final plat. Powers asked the applicant if they were prepared to take care of the road so that it does not place a burden upon the township. Linda Rodriguez agreed that she will take care of the road.

Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf moved to recommend approval of the conditional use application including staff recommendations and changes to the final plat as recommended by staff, the written vote being Powers-yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on September 7, 2004.

Case 04-19 – Rezone - Gerard Lix
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none. The property is being split into a smaller parcel of 8.6 acres.

Mark Shriwise provided the staff report with the following recommendation:
· An elevation certificate be provided after construction is completed.
· Correct the legal description.
Staff recommends approval of the rezone.

Kevin Noll, agent, said that they are working to locate the southeast corner and have had difficulty with coordinating the county road and bridge department as well as working around rainy weather. The person who will purchase the 8.6 acres said that there are no plans to further split the smaller lot that is being created.

Upon the motion of Grant Powers and seconded by Ric Marboeuf, moved to recommend approval of the rezone upon approval of the legal description, the written vote being Powers-Yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision with the rezone application on September 7, 2004.

Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to table the plat until after the subdivision committee reviews it. The motion passed unanimously.

Old Business
Land application – nothing to report. The brine pits at Excel are still operating, under the guidance and code enforcement of KDHE.

Reports
September 27 – Regularly scheduled meeting
Greg Keck – final plat

Adjournment
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to adjourn at 7:46 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 7:46 p.m., said Board adjourned.

_________________________________                     ______________________________
Mike Miller, Chairman                                                     Mark Shriwise, Secretary

FORD COUNTY ZONING BOARD MINUTES
September 27, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Josie Lix, Grant Powers, Scott Vander Hamm and Ric Marboeuf.

Staff present: Mark Shriwise and Tracey Barton

Approval of meeting minutes
Correction to August 23 meeting minutes: Replace Josie Lix’s name with Grant Powers on the vote for Rodriguez case. Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to approve the amended meeting minutes from August 23, 2004, the vote being Powers-yes; Miller-yes; Lix-yes; Vander Hamm-yes, and Marboeuf-yes.

Public Hearing
Case #04-19 – Gerard Lix Final Plat approval (not a hearing)
Miller asked if any of the members had a conflict of interest or outside contact concerning this case. Josie Lix excused herself from the discussion.

Kevin Noll, agent for the applicant, stated that the plat is corrected, pins were set, and lines were identified. No comments from public.

Mark Shriwise provided the staff report and recommended approval of the final plat.

Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf moved to recommend approval of the final plat including staff recommendations, the written vote being Powers-yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision on October 4, 2004.

Case #04-20 – Development Plan – Juan Alcala/Brothers Truck Stop
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

The applicant has requested to add a horse barn to the north side of the property. Mark Shriwise provided the staff report and recommended approval of the development plan.

Kevin Noll stated that the property has never been surveyed, and there may be issues with the property line because of the way the adjoining property is farmed.

Upon the motion of Ric Marboeuf and seconded by Grant Powers, moved to recommend approval of the development plan including staff recommendations, the written vote being Powers-Yes; Vander Hamm-yes; Lix-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision with the development plan on October 4, 2004.

EnXco Extension Request - Zoning Case #03-10 (not a hearing.)
EnXco has requested a one-year extension of their conditional use permit. They have been delayed by the passage of the Federal Production Tax Credit.

Mark Shriwise provided the staff report and recommended approval of the one-year extension.

Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to recommend approval of the one-year extension, the vote being Powers-Yes; Lix-Yes; Vander Hamm-yes; and Marboeuf-yes.

Palomino Ranch – Jockey Changing Room (not a hearing)
Mark Shriwise reviewed issues for Palomino Ranch according to the resolution that was approved by the county commissioners. Kevin Noll outlined the status of the waterline and property easements.

Powers inquired as to the cost for the sewer line. Noll reported that the preliminary cost estimate was $181,000 plus engineering fees. Powers suggested alerting the nearby landowners of the cost if they desire to tap into the system.

Upon the motion of Scott Vander Hamm and seconded by Josie Lix, moved to recommend approval of the jockey change room and guidelines/rules including staff recommendations, the vote being Powers-Yes; Lix-Yes; Vander Hamm-yes; and Marboeuf-yes.

Case #04-13 – Greg Keck Final Plat (not a hearing)
Mark Shriwise provided the staff report and reviewed the changes that were made to the plat. Harry Hunsley’s approval is still needed.

Ken Parks, agent for the applicant said that they have reduced the number of lots from 6 to 4. The road will be maintained as time goes on—the road was established years ago and is currently in good condition. No questions from the public.

Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to recommend approval of the final plat for Caches Estates, the written vote being Lix-yes; Powers-yes; Vander Hamm-yes; and Marboeuf-yes. This case will continue to the Ford County commissioners for final decision with the final plat application on October 4, 2004.

Old Business
Land application – nothing to report.

Reports
October 25 – Regularly scheduled meeting
Victory Electric subdivision
Jerry King, Marketing Director, Victory Electric stated that they are in process of developing a subdivision to include 1-acre lots including a public water supply and a cluster septic system. The plan is currently subject to KDHE approval as well as approval by the board of directors at Victory Electric.

Adjournment
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to adjourn at 8:25 p.m., the motion passed unanimously.

There being no further business to come before the Zoning Board at this time 8:25 p.m., said Board adjourned.

_________________________________                       ______________________________
Mike Miller, Chairman                                                       Mark Shriwise, Secretary

FORD COUNTY ZONING BOARD MINUTES
October 25, 2004
7 p.m. Rose Room
Ford County Government Center

Members present: Mike Miller (Chairman), Grant Powers, Ric Marboeuf, Josie Lix, and Scott Vander Hamm.

Member absent: None
Staff present: Mark Shriwise and Misty Stotler

Approval of meeting minutes
Upon the motion of Scott Vander Hamm and seconded by Ric Marboeuf, moved to approve the meeting minutes from November 22, 2004, the vote being Powers-yes , Miller-yes,Lix-yes, Vander Hamm-yes, and Marboeuf-yes.

Public Hearing
Case #05-01 – James Hill Rezone
Mike Miller, Chairman, asked if staff received an application that is complete; clear legal descriptions were provided; if the ownership list was certified; if this application was published in the newspaper with the time, date, and place of hearing; a written notice mailed to all with a real property interest, as required by Kansas state law; was a sign posted that this property is being considered for a zone adjustment. Staff responded, “yes” to all. Miller stated that all requirements have been met. He asked if any of the members had a conflict of interest or outside contact concerning this case. There was none.

The applicant has requested to rezone a tract of land from Agriculture to Suburban Residential for an upscale residential subdivision development. Jerry King, Representative for Victory Electric, stated that they would like the development to all electri