FORD COUNTY ZONING BOARD MINUTES
January 30, 2006
7 p.m. Rose Room
Ford County Government Center
FORD COUNTY ZONING BOARD MINUTES
January 30, 2006
7 p.m. Rose Room
Ford County Government Center
Member Absent: None
Staff Present: Mark Shriwise and Misty Stotler
Special Guests:
Nancy White (EnXco), Ed Bullard (Counsel for EnXco), Ed Elam
(County Administrator), Glenn Kerbs
(Counsel
for County) Kim Goodnight (Commissioner), Phil Duncan (KCP&L), John Grimwade,(
KCP&L)
Approval of Meeting Minutes:
Previous meeting minutes from the October 24, 2005 meeting
were approved with motion being made by Ric Marboeuf and
seconded by Grant Powers. Mark Shriwise asked the Chairman if it would be possible
for the Zoning Board to approve the
previous Subdivision Committee
meeting minutes from November 17, 2005. Scott Vander Hamm asked for a motion
on
these minutes, Grant Powers made the motion to approve the minutes and
John Mullen seconded the motion.
Public Hearing:
Case #06-01:Spearville
Wind Farm (EnXco/KCP&L, Development Plan Amendment)
Nancy
Tronsgard-White, representative for EnXco, begins the meeting with a power point
presentation. The power point
presentation
consisted of a brief history of how the project came about. She began by letting
the public know that Kansas
City
Power and Light Company (KCP&L) issued a proposal to obtain a turnkey
wind project in August ’05. EnXco issued
a
proposal in September ’05, and in December ’05 EnXco
was chosen for the request for proposal. She went on to
explain
that as of right now, EnXco is trying to get a public transfer, which
is what this meeting is about. Once the permit
issues
are cleared up, we will how construction crews on-site in mid- March ’06.
Construction & foundations will begin in
April
’06, wind turbines will be delivered beginning in May ’06 through
July ’06 and the project will be fully operational by
October
1, 2006. The project is 100 Mega Watts located near Spearville, Kansas. KCP&L
will own the project. Nancy
added
that the project would consist of 67 1.5MW wind turbine generators. The original
conditional use permit was
received
in September 15, 2003 with a one-year extension granted twice on this project.
Now that KCP & L will own the
project,
EnXco would like to separate their interest in the project from our interest
in the project by issuing two separate
conditional
use permits. The area currently on the conditional use permit is large
enough to support 300MW of wind and
we
are transferring 100MW to KCP&L. Tonight we are asking the Zoning Board
for approval of assignment of Phase 1
land
of the conditional use permit to KCP&L, to ratify the conditional
use permit, to recommend approval of the
conditional
use permit and the new development plan for Phase 1 to KCP&L and Phase
2 to EnXco, to recommend the
approval
of the right to substitute option and easement rights with respect to land in
Phase 1 for land in Phase 2 and the
right
and the right to recommend approval for the right to remove land in Phase 1
and Phase 2.
Scott Vander Hamm asked staff for recommendations. Mark Shriwise gave staff Recommendations as follows:
Staff Recommendations:
Case #06-01: EnXco Inc./Power Partners Midwest LLC and Kansas
City Power and Light Company (Wind Farm
Development)
Comprehensive Plan Compatability:
This development is compatible with the objectives of the Ford County Comprehensive
Plan.
Surrounding Property Use:
The surrounding property use
is Agricultural in nature and has been so for some time. The site is just North
of Spearville and US Highway 50/56,
East of 120 Road, West of 130 Road and South of Antelope Road (Ford –
Hodgeman
County line).
Recommendations:
There shall be strict conformance
to all performance standards set forth in the Ford County Zoning Regulations,
Ford County
Environmental Code
and Ford County Comprehensive Plan, as well as Federal and State Codes.
Transfer of the Conditional
Use Permit (CUP) from one party to another party must be approved By Ford County
Board of
County Commissioners (BOCC) and a transfer fee of $50 paid.
The Wind Farm Development shall follow the amended development plan and applicable
parts of the original development
plan.
All turbines and supporting equipment must be inspected by a certified structural
engineer and/or certified structural firm or
by a neutral third party,
acceptable to the Ford County Administrative Services at no expense to Ford
County or the land
owner. Inspections will include
(but not limited to) foundations, structural assemblies, mechanical and
electrical equipment.
The Ford County Zoning Regulation 19-104 (47a) requires the location of every
tower must be such that it is at least an equal
distance from all property
lines as it is in height.
Instead of exXco’s proposed 250 ft setback from the public road, required
setback should be 500 ft. The blade height of the
towers is less
than 400 ft.
and greater than 100 feet from the ground. The setback from an adjacent property
owner should be 500 ft, but
may be waived to an equal distance
from the property line as the tower is in height, if the adjacent landowner
is also signed
up for the proposed development,
or upon receiving written permission from the adjacent landowner.
Turbine locations shall be at least 1000 feet from a residential structure
unless waived in writing by the landowner. Turbine
locations will be located
at least the total height of the turbine plus 50 feet from agricultural-residential
accessory structures
unless waived in writing by the landowner.
All power lines and communication lines are to be installed underground as
described in the development plan. Special
above ground installations must
be approved by the Ford County BOCC.
A Road maintenance agreement must be entered and approved by Spearville Township
and Ford County before
construction begins.
Construction transportation routes
shall be coordinated with the Spearville Township trustees and Ford County
Administrative Services. The roads
must be videotaped or digital pictures of existing road conditions taken before
construction. All roads shall
be restored to original road condition or upgraded by the holder of the
CUP. Dust control will be
used when necessary. Permanent
access roads to the turbines shall be narrow as possible. Applicant is
responsible for any
damage to county and township
roads from tower construction, deconstruction, and/or maintenance activity.
Requirements for Construction permit and after construction maintenance permits.
All turbines will be GPS
Bonds?
Building Permits-one permit for all turbines for phase 1 or building permit
for each turbine? The fee is $50 per turbine.
Excavation permits and Culver permits: County and Township agreements, private
and public easements/ right of way
permission.
Notify Dig safe- Gas pipeline, telephone, Fiber optic, irrigation underground
pipe and power lines, electric lines
Sanitation: Developer and/or construction developer is responsible for all waste
streams created, stored and transported
and must follow all state
and federal laws.
Must maintain and restore landscaping original condition.
Personnel: Any county or state requirement
other then OHSA 29 CFR 1926 and 1910 and EPA, DOT Requirements.
Turbine Identifications Numbers shall be clearly visible at normal sight level.
No logo or advertisement shall be located on the
turbine structure
unless approved
in advance by the Ford County BOCC. Turbine structures shall be painted with
neutral colors (grays or
whites). No lattice turbine
structures. Developer shall provide studies prepared by the turbine manufacturer
or other suitable
party that the turbines will not
unreasonably interfere with wireless communication
reception. Procedures shall conform to the Federal Communication
Commission (FCC) regulations.
Staff recommends 911 addresses for each turbine.
The developer shall supply
the necessary special rescue equipment and special training for the Ford County
EMS & Fire
Department to accommodate high angle rescue.
Staff recommends that dual lighting be used, medium intensity strobe light
in the daytime and red light at nighttime in
conformance with FAA requirements.
A decommissioning plan must be approved by the Ford County BOCC before construction begins.
After the 14-day protest period
has elapsed, this case will be presented to the Ford County BOCC on February
14, 2006 or
a later date, along with the recommendations of the Zoning
Board. This will be a report only, not a public hearing. If you wish
to protest
the decision made by the Zoning Board, please contact Mark Shriwise, Zoning
Administrator at (620) 227-4739.
Respectfully Submitted
Mark Shriwise, Director
Grant Powers asked the board
and EnXco what plans were in place for decommissioning of the wind turbines
30 years
down the road when the wind farm plays out? Will EnXco take the
turbines down; will they restore the ground to its original
condition?
Nancy answered by stating that
is what the decommissioning plan is set up for. She is not sure at this time
how that fund will
be set up; it’s going to be between Ford County and
KCP &L since they will be the alternate owners of the project. It’s
a
common practice in the industry to have money in escrow to have some
sort of letter of edit or something set up for the
project, not necessarily
at the beginning, maybe10 years in because you have to get that fund set
up. If anything is going to
happen in the project, it will usually be 10 years
and beyond. The decommissioning plan will spell out how the turbines will
be
removed to a certain depth.
Grant then asked after this
built, the trend is for the business to sell out to somebody else, so we have
an agreement with
EnXco, the agreement transfers to them, in the process,
the agreement finally gets lost and it becomes time to take down
these towers,
is there a bond or something to protect the landowner that will be enforced
to protect the landowner to get
these towers removed?
Nancy responded by stating that it was to her understanding that this is the
reason there is a decommissioning plan set
aside.
Ed Elam added that this is what the County and the Commissioners are working on at this time.
Grant Powers gave an example so that everyone would understand where he was coming from.
Ed Elam stated that the County is very concerned and they have looked at some examples and will address that.
Grant wanted to know if it
was something that needed to be approved by the Zoning Board now or will it
be something that
will have to be approved at a later date?
Ed Elam answered that it was
subject to County Commissioners approval. He added that the language says the
decommissioning will be negotiated with the County Commission. Therefore,
they will be the ones who will be looking at that.
Scott Vander Hamm added that
what the Zoning Board is recommending that if there is a decommissioning plan
with
specifics of how that is all worked out is worked through the Commissioners.
Grant questioned that as a board does the Zoning Board have any say as to what the decommissioning plan says?
Ed Elam answered that the Board can make recommendations to the Commission as a Board.
Glenn Kerbs added that what
the proposal from the staff is, is that a decommission plan must be approved
by the Board of
County Commissioners before
construction begins. If you accept the staff recommendation that would be the
recommendation that you would
make to the Ford County Commissioners that a plan be approved by them before
construction begins.
Ron Hornung, Landowner, questions
that on this conditional use permit it’s established on Phase 1, am I
not correct that you
are going to be transferring to KCP & L? You can transfer
Phase 1 to Phase 2 and Phase 2 back to Phase 1 or delete it all
together. He
asked who has got what?
Nancy responded by stating that this part of the amendment was a little confusing.
She explained that they had not done a
couple of studies yet, and at the time
they wanted to cover themselves in case of any problems. However, they still
have
enough area to get the full 67 turbines for the 100MW farm. In order to
get all that land with option agreements, we wanted to
be able to swap out land
in the case that we couldn’t use it. Some of the reports have come back
and we are pretty confident
that we will be able to clear the title on all those
pieces of land, additionally we have the wetlands assessment back and we
had
a contractor on-site last week with an army corpse of engineers and there’s
only one jurisdictional stream in the entire
Phase 1 land and it will not affect
the project. So at this point I don’t see that we will need to swap out
land, but we put that
there just in case and so we can get the project under
way. She added that EnXco would not just remove land.
Ron Hornung said, “That’s what it says though.”
Nancy asks Ed Bullard, Counsel for EnXco, for assistance with the removal of
land issue.
Ed Bullard responds to the statement by explaining the issue was to the extent
either in Phase 1 or Phase 2 that the
company decided that because of the layout
/ design there was a parcel of real estate that was included within the
conditional
use permit that they didn’t need for the project and we were trying to
create some sort of an easy mechanism so
that we didn’t have a conditional
use permit on somebody’s land that didn’t ultimately get used for
either Phase 1 or Phase 2.
He continued with stating it is more of a safeguard
to the extent that because of a title defect, for example, or because of the
design of the project that there was one parcel that wasn’t needed for
either and therefore the easement rights
won’t exercise.
Ron Hornung still believes
that they are not answering his question and continues by telling them he read
it as if there was a
partial land that would be right in the center,
they could drop it entirely.
Nancy responded that if it were in the center, in the permits there are requirements
and if we drop any portion of land it will
affect the whole layout. If it’s
in the center we want to put turbines on it, but if there were no turbines we
would still want to have
it in the permit area for layout purposes. That clause
is purely, if the land was defective as to title or to wetlands, we are not
going to go dropping people.
Ron Hornung then asked if the conditional use could be dropped.
Ed Bullard stated that if we needed a clear title we could drop it. That the
procedure where by amending the legal description
you could eliminate a piece
of property from the conditional use permit, otherwise if it didn’t get
used, we’ve encumbered it
this conditional use permit. How do we clear
a title? That property out there that’s not part of the project but is
land that such
could be part of the conditional use permit. We were simply trying
to create a mechanism so that it could be cleared off, so
that it could be dealt
with properly.
Ron Hornung added that he thinks they could isolate a piece of land within
the wind farm.
Nancy said that she was sure they could, but that is not what they intended
to do.
Ron Hornung addressed that when it started, the intent was not for a 100MW either.
Nancy replied that it was a phase development.
Ron Hornung said that when they signed up it was not a phase project &
it was 150MW and now it’s 100MW and it’s a 2-
phase project. He added
that there was enough ground there for at least 3 phases.
Nancy agreed that there was enough land there for a 3-phase project. She added
that the original plan was for a phased
project, it was in the original permit
application.
Scott Vander Hamm asked if there were any other questions or concerns from
either the audience or the board.
Scott declared case #06-01 closed at 7:30PM.
Grant Powers express his concerns about the decommissioning plan. He also
added that as for the concern of the bonds, he
felt that the landowners that
have towers on their land would like to know how much bond is behind the deconstruction.
Scott told Grant that this could be discussed before going any further.
Kim Goodnight, Commissioner, addressed to the board that they are currently
working with KCP & L. We have two
representatives from that company here
tonight. The intent is to have something firm and fixed before the 14th of February,
when the commission will hear that. We have examples out there of Butler County
and some other ones that we are looking
at that does have a dollar amount associated
with it and we also recognize the fact that KCP & L is a strong enough
company
that with a letter of intent for agreement such. We are working on that and
will have it ironed out within the next 14
days. It will be crucial for the
decision of the County Commission.
Grant asked Kim Goodnight if the zoning board would be informed of the decision made by the commission.
Kim answered that yes, the board will be informed.
Grant Powers make a motion to approve case #06-01 according to the staff recommendations.
Ric Marboeuf seconds the
motion. A written vote is made and 4 were in favor
and 0 were opposed.
Case#06-01 will be taken to the Ford County Board of County Commissioners on February 14, 2005 at 5:00PM.
New Business:
None
Old Business:
Still working on the Subdivision regulations and zoning laws and also may be
doing some flood mitigation plan rework. Dave
Yearout is planning to come out
and talk to the commissioners February 6, 2006 and see if we can get that back
in line. He
would also like to update the zoning regulations. We are still continuing
to work on violations, such as dumpsites, trash,
junkyards. Would like to get
things cleaned up in a month or so.
Reports:
None
Adjournment:
Upon the motion of Ric Marboeuf and seconded by John Mullen, moved to adjourn
at 7:42 p.m., the motion passed
unanimously.
There being no further business to come before the Zoning Board at this time,
said Board adjourned.
_________________________ ______________________________
Scott Vander Hamm, Chairman
Mark Shriwise, Secretary
FORD
COUNTY ZONING BOARD MINUTES
April
3 , 2006
7
p.m. Rose Room
Ford
County Government Center
Members Present: Scott Vander
Hamm, Ric Marboeuf, Grant Powers, Josie Lix, and John Mullen
Member Absent: None
Staff Present: Mark Shriwise and Missy Drake
Special Guests: Linda Spurgeon,
Leslyn Price, and Debra Stegman
Approval of Meeting Minutes:
Previous meeting minutes from
the January 30, 2006 meeting were approved with motion being made by Ric Marboeuf
and seconded by John Mullen.
Public Hearing:
Case #06-04: Rezone on address 1815 Matt
Down Lane, Owner Linda Spurgeon
· Linda Spurgeon addressed
the board requesting a variance to the zoning so that she can parcel off one
acre so that her
daughter can put
a new home on existing property.
· Scott Vander Hamm acknowledges
the request and asked the board if they had any questions to ask.
· Ric Marboeuf asked
if Linda owned existing septic and existing water well on the property.
· Linda replied yes but
the new house would be connected to the Dodge City water supply that is directly
a crossed Matt
Down Lane from the
property.
· Ric asked if they had
researched the cost to do that.
· Linda said that they
had but she did not have the cost with her.
· John Mullen asked if
there was any Dodge City sewer close by there at all.
· Mark said that would
be located way down Matt Down Lane by the 50th Highway. Mark explained that
the only thing in the
City was a Mobil Home
Park, everything on the west side, the Aqua Slide, Bobs Pawn Shop; the Cemetery
was in the
County.
· Ric asked about the
environmental code concerning the septic system.
· Mark said that it had
to be 50 feet but was recommended 100 feet, and 10 feet from the property line.
· Scott Vander Hamm asked
staff for recommendations. Mark Shriwise gave staff Recommendations as follows:
· John asked if all concerns
from Joe Finley have been addressed.
· Mark said it hinges
on Ford County Zoning approving the split. If the Board approves then the City
would allow the house to
be tied into the water
system.
Staff Recommendations:
Case # 06-04: Rezone for Linda
Spurgeon
Comprehensive Plan Compatability:
This application is compatible
with the objectives of the Ford County Comprehensive Plan. The applicant wants
to split a 1
acre lot from 2.26 acre parcel; develop the lot for another house,
setbacks on the west may be more than 5 feet but less than
20 feet, and comply
with the Ford County Environmental Code.
Surrounding Property Use:
The surrounding property use
to the south is agriculture, Mariah Hills Golf Course and Maple Grove Cemetery
is to the east,
and residential living to the north and west.
Recommendations:
Applicant must have Public Water
Supply for the new house. If the existing house water well becomes contaminated,
it shall
be connected to City of Dodge City Water Service. Applicant will secure
a water service agreement with the City of Dodge
City.
Survey and record the lot split or plat the lot.
Comply with Ford County Environmental Code, Zoning-Subdivision Regulations.
If passed, after a 14-day protest
period has lapsed, this case will be presented to the Ford County Commissioners
on April
17, 2006 along with the recommendation of the Zoning Board. This will
be a report only not a public hearing. If you wish to
protest the decision made
by the zoning Board, please
contacts Mark Shriwise, Zoning Administrator at (620) 227-2479
Respectfully Submitted
Mark Shriwise, Director
Staff Recommendations:
Case #06-05: Rezone on 12050 Eagle Road, Owners Bernard &
Debra Stegman
· Debra Stegman requesting a rezoning for her house so she can get a
2nd mortgage. 2nd mortgage declares you have to
have 10 acres or
less.
· John wanted to clarify that this was not to build another house just
to rezone the 5.7 acres around the home.
Recommendations:
Rezone for Bernard and Debra Stegman
Comprehensive Plan Compatability:
This application is compatible with the objectives of the Ford County Comprehensive
Plan. The applicant is rezoning a 5.7-
acre parcel (from 320 acres +/-) from
Agriculture to Suburban Residential for selling.
Surrounding Property Use:
The surrounding property use is mostly Agriculture.
Recommendations:
No new roads. All existing roads are private.
The seller and buyer are verifying that the water well and septic tank complies with current Ford County Environmental Code.
Staff recommends the Ford County BOCC Environmental Code.
If passed, after a 14-day protest period has lapsed, this case will be presented
to the Ford County Commissioners on April
17, 2006 along with the recommendation
of the Zoning Board. This will be a report only not a public hearing. If you
wish to
protest the decision of the Zoning Board please contact me at 227-4739.
Respectfully Submitted
Mark Shriwise, Director
New Business:
Palomino Ranch
· No representatives
were present
· Mark addressed the board letting them know in 2004, May the Commission
limit this to 2 years. Complaints of being
lodged due to the
noise and non- compliance with the development plans.
· John brought up complaint that the owner had put up a fence on a legally
opened road
· Scott feels conditional use will run out on May 3rd and the Commission
will have to decide due to the conditional use
passed two years
ago.
· Ric discussed how board could recommend the schedule of events began
earlier to cut down the noise late at night
Old Business
· Mark discussed with
board about Ford County Subdivision Regulations. Nothing new on land applications
and Mark
discussed some violations
letters he had sent out and that Green Acres 2 was up for sale and he had talk
to one person
about the specifics
of the property. Mark discussed the final plat on the West Hwy 50 (USA Auto)
and gave each board
member a copy of
the plate. Discussed a few things that needed to be done. Mark gave the following
recommendations.
· Submit Final Plat on Mylar (4 copies and electronic disk copy), with
Lot Descriptions
· Check and correct spelling errors, secure land owners signatures, title
report, paid all fees and taxes
· Applicant (USA Auto)
wishes not to improve the road and drainage controls until new development or
improvements to the
adjacent property
to the north or to improvements to Lot 2 of the West road and drainage controls
as outlined by the current
Ford County Subdivision
Regulations at no coast to Ford County or Dodge Township. USA Auto will be responsible
for all
associated costs
for road and drainage control improvements.
· If this plat will be
presented to the Ford County Commissioners on April 17, 2006 or later date,
along with the
recommendation of the
Zoning Board. This will be a report only, not a public hearing. If you wish
to protest the decision
made by the Zoning
Board, please contact Mark Shriwise, Zoning Administration at (620) 227-4739.
Reports:
None
Adjournment:
Upon the motion of Ric Marboeuf and seconded by
Grant Powers, moved to adjourn at 8:35 p.m., the motion passed
unanimously.
There being no further business to come before
the Zoning Board at this time, said Board adjourned.
_________________________ ______________________________
Scott Vander Hamm, Chairman
Mark Shriwise, Secretary
FORD COUNTY ZONING BOARD MINUTES
April
24, 2006
7
p.m. Rose Room
Ford
County Government Center
Members Present: Ric Marboeuf,
Grant Powers, Josie Lix, and John Mullen
Member Absent: Scott Vander Hamm
Staff Present: Mark Shriwise and Missy Drake
Special Guests: None
Approval of Meeting Minutes:
Previous meeting minutes from the April 3, 2006 meeting were approved with motion
being made by Ric Marboeuf and
seconded by Josie Lix.
Public Hearing:
Case #06-03:West Hwy 50 Addition Correction Plat for West Hwy
50 Addition
· John Mullen requested
a review on the Plat by Mark Shriwise
· Mark reviewed the recommendations
on the replat for West Hwy 50
a) Address: USA Auto, 10868 US Highway 50, Dodge City, Ks. 67801
b) Re-Plat Submitted was for three people.
1. Mike Valdez owns Lot 4
2. Mrs. Davis owns Lot 3
3. Jim Bailes owns Lot 1, 2
c) Owners not in Re-Plat
1. J Don Reynolds (owns land to the West and North)
2. Mr. Pennington (owns land the West)
3. Kim Fields (owns land with J Don Reynolds)
d)
Above owners will need to Re-Plat if they redevelop their land
e) Re-Plat agrees with comprehensive plan for correction plat on mets and bounds.
f) Problems with the Re-Plat
1. Final plat needs to be submitted on Mylar
2. Lot descriptions don’t match up with deed descriptions (that happens
sometimes with Re-Platting)
3.
Road on West has two solid lines with exert Property is for Reynolds and Field
herby dedicated. Since Bailes does
not
own property Reynolds and Fields cannot be in the plat and therefore he can’t
dedicate it. Lines need to be
dashes.
4. Need to extend plat line into middle of road because Bailes owns it
5. Needs to change easement (which he could dedicate)
6.
Sub-division meeting Bailes was asked for road drainage plans. He was going
to develop Lot 2 but we received a
letter
from his attorney stating he has decided not to do that.
7. Bailes does not want to improve private road right now. He wants to leave
it as is.
· John asked they needed to make recommendations by the board or do they
need to vote on this.
· Mark said we needed a vote to approve or disapprove.
· John asked for discussion among board members
· Ric asked about Lot
1 with the new building if septic system is in yet and can you do that with
one acre
· Mark said that the septic system would have to cross over to Lot 2
· Ric asked about possible later on what would happen if Lot 2 was sold
· Mark said Bailes has drilled a water well on Lot 2 and that it was
possible to have Lot 1 and 2 combined due to the septic
system and well
· Ric stated that this was what he was thinking
· Board agreed that combining that Lots was what was needed and if later
Bailes decided to sell he would need to have
either Dodge City
water or Sewer hooked
up to satisfy the rule on 2 acres for septic system.
· Ric made motion to change final plat for Bailes Case 06-03 for West
Hwy 50 by changing Lot 1 from one to two acres.
· Grant Second motion.
· Board requested to see plat again
· Board voted, motion carried to redo plat.
Staff Recommendations:
Case # 06-03:Correction Plat for West Hwy
50 Addition
Comprehensive Plan Compatability:
This application is compatible with the objectives of the
Ford County Comprehensive Plan. The applicants are submitting a
correction plat to correct metes and bounds.
Surrounding Property Use:
The surrounding property use is rural residential.
Recommendations:
Submit Final Plat on Mylar (4 copies and electronic
disk copy).
Lot Descriptions for 1,2,3, and 4.
Combine Lot 1 and 2 into one 3 acres lot
Check and correct spelling errors, secure landowners signatures, title report, paid all fees and taxes
Applicant (USA Auto) wishes not improve the road
and drainage controls until new development or improvements to the
adjacent property to the north or to improvements
to Lot 2 of the West HWY. 50 Addition Plat. Upon such time, USA Auto will
submit plans to develop and maintain the road
and drainage controls as outlined by the current Ford County Subdivision
Regulations at no cost to Ford County or Dodge
Township. USA Auto will be responsible for all associated costs for road and
drainage control improvements.
If this plat will be presented to the Ford County
Commissioners on May 15, 2006 or later date, along with the recommendation
of the Zoning Board. This will be a report only,
not a public hearing. If you wish to protest the decision made by the Zoning
Board, please contact Mark Shriwise, Zoning Administrator
at (620) 227-4739.
New Business:
Scott Vander Hamm: Zoning board member term expires
June 22, 2006.
· John asked if Scott
was going to run again.
· Mark commented that
he had not talk to him but would address it with Scott
· If Scott decides not
to run Mark will talk to the Ford County Commissioners and see if they have
somebody that they know
would want to be
on the Zoning Board.
Old Business:
Updating the Ford County Subdivision
· Mark talked to Dave
Yearout. Mark gave Dave the old sub division regulations and changes people
of told Mark about in
the last year. Dave
is also looking at updating zoning regulations. Davis is also going to help
get the flood mitigation grant
back that we lost.
This has to be a countywide plan, and the current plan was developed for Green
Acres only. Dave and
Mark will present
everything to the board.
· John asked about the
Palomino Ranch.
· Mark said he was sending
out a letter notifying the owner that he would have to fill a conditional use
application, need a
notification list,
and that we would have to do the public notification again.
· John asked about land
applications
· Mark said there is
nothing new on land applications
· Mark discussed a little
on Spearville Wind Farm, that decommission plan still needed to done and let
the board members
know they could
go to the site.
· Mark discussed new
condition use permit for Agri-Business Manufacturing, for Kenny Stein. Should
come up on Zoning
Meeting for the
22nd
.
Report:
None
Adjournment:
Upon the motion of Ric Marboeuf and
seconded by Josie Lix, moved to adjourn at 7:42 p.m., the motion passed
unanimously.
There being no further business
to come before the Zoning Board at this time, said Board adjourned.
_________________________ ______________________________
Scott Vander Hamm, Chairman
Mark Shriwise, Secretary
FORD COUNTY ZONING BOARD MINUTES
May
22 , 2006
7
p.m. Rose Room
Ford
County Government Center
Members Present:
Scott Vander Hamm, Grant Powers, Josie Lix, and John Mullen
Members Absent: Ric Marboeuf
Staff Present: Mark Shriwise and Missy Drake
Special Guests: Hattie Stein
and Pat Stein
Approval of Meeting Minutes:
Previous meeting minutes from the April 24, 2006
meeting were approved with motion being made by John Mullen and
seconded by Josie Lix.
Public Hearing:
Case #06-06: Stein, Conditional
Use/Development Plan: Bio-Diesel Plant
· Pat Stein addressed
the Board stating that his plans at this time were to put in a small Bio-Diesel
plant on his farm.
· He wants to make
use of an existing building that has been sitting idle for 20 to 25 years.
· The plant would start out making 1000 to 1500 gallons a day.
· The plant would
be built to accommodate any basic feed stock. Starting with virgin oils all
the way down to used vegetable
oils, it can
even use beef tallow.
It is a batch
process.The process will take approximately 12 hours per batch.
· The waste product
that is produced is glycerin.
· The way the Diesel
is processed you take the glycerin out of the oil and replace it with alcohol.
· The plant will
be putting Methanol in the mixture with a catalyst. The catalyst will make a
reaction happen that causes the
glycerin to
settle out. The alcohol will take effect and go into the oil, which produces
the Bio-Diesel.
· It is a renewal fuel.
The farmers can grow our fuel. It should open new doors for the farmers as far
as the market. Mr. Stein
future plans
are that within two years he is hoping to have a 30 to 50 million-gall on
plant in place somewhere in Ford
County.
· Grant asked what Pats
plans are for the waste product.
· Pat explained that
there are companies that would buy the glycerin. Until the glycerin is bought
it would put in a storage tank
on the property.
· John asked how much
waste is created.
· Pat replied that 10% is waste.
· Grant asked what was
the plan for storing the Methanol due to it being poisonous and flammable. What
kind of fire
protection did Pat plan
on installing.
· Pat said that they
could put in a sprinkler system if necessary; The Methanol was the only thing
that they will be working with
that is flammable;
Pat explained that Bio-diesel is actually safer than regular diesel. Right now
they do not have a sprinkler
system planned but
if that is what is required that is what they will do. They will have fire extinguisher
to start out with.
· Scott asked if Pat had consulted with any engineers in the construction
or layout of the pilot plant.
· Pat said no that he had done this himself but would be consulting engineers
if the bigger plant gets built.
· Grant asked about the storage of the Methanol.
· Pat said it would be kept in one tank that holds 5 to 8 thousand gallons.
· Scott asked Mark if there were any laws on the location of the plant
and the storage of the Methanol that the Board would
need to consider
with the concerns of neighboring houses.
· Mark said that he had given the plans to the fire department along
with KDHE. Mark said that the insurance carrier would
mostly dictate the
storage of the flammable liquid and the safety issues. There are no building
codes to speak of except you
don’t want the
Methanol tank close to any structure in case there is a fire. There are KPSR
codes and LEPC codes that will
have to be dealt
with but most of the issues will be handle thru the insurance carrier.
· Pat talked about the air emissions being way under the limit of concern
and also there will be no wastewater because they
will not be using
any water in the process.
· Mark asked if they have any heat or will they be generating heat.
· Pat said that they would be using electricity to bring the oil up to
138 degrees to accelerate the process. The process is
totally enclosed.
· Mark asked if they had pressure valves put in due to it being totally
enclosed.
· Pat said yes
· Scott asked about if there are any odor emissions
· Pat replied no because it is totally enclosed
STAFF RECOMMENDATIONS:
Case # 06-06: Conditional Use and Development Plan: Stein Bio
Diesel Pilot Plant
COMPREHENSIVE PLAN COMPATABILITY:
The applicant requests to use existing buildings, add buildings and storage
tanks to construct a bio diesel pilot plant. This
development is compatible
with the objectives of the Ford County Comprehensive Plan.
SURROUNDING PROPERTY USE:
The surrounding property use is Agriculture, and a few rural farmhouses.
STAFF RECOMMENDATIONS:
Environmental, Health and Fire Protections Concerns- No public
Water supply and no rural sewer systems.
The buildings should be updated and minimum fire protection as outlined by
local, state and federal
codes. Grant money is available.
Follow the submitted development plan and establish a evacuation plan, fire
plan, release reporting
plan, spill prevention plan, PPE program and other pertinent regulations.
Abides by Kansas Pesticide Storage Regulations, Insurance Carrier Regulations,
LEPC (Local Emergency Planning
Commission), OSHA Regulations (Hazard Communication,
RTK), KDHE, EPA, NFPA Codes, Kansas Fire Marshal
Regulations and other regulatory
agencies.
After a 14-day protest period has lapsed, this case will be presented to the
Ford County Commissioners on June 19, 2006
along with the recommendation of
the Zoning Board. This will be a report only, not a public hearing. If you wish
to protest the
decision made by the Zoning Board, please contact Mark Shriwise,
Zoning Administrator at (620) 227-4739.
· Scott asked for any more comments or questions, there wasn’t
any
· Scott called for a vote
· Grant motioned for approval & John 2nd the motion.
New Business:
None
Old Business:
Updating the Ford County
Subdivision
· Mark said he needs to talk to Dave Yearout and see how that is working.
·
Scott asked about the Palomino Ranch.
·
Mark said that the Ranch had submitted a new development plan and public notification
was in Saturday newspaper.
·
Mark said he is still waiting on Boyd’s R V Development Plans on South
Side of town.
·
Mark discussed the Board going to the Dedication of the wind farm.
·
Mark discussed a Joint Planning Meeting on June 8th at 5:30
·
KDOT Project SW Dodge City Bypass Project meeting on May 23, 2006 at Dodge City
Public Library was brought up
and
who was attending.
Reports:
None
Adjournment:
Upon the motion of John and seconded by Josie Lix, moved to adjourn at 8:15
p.m., the motion passed unanimously.
They’re being no further business to come before the Zoning Board at this
time, said Board adjourned.
_________________________ ______________________________
Scott Vander Hamm, Chairman
Mark Shriwise, Secretary
FORD COUNTY ZONING BOARD MINUTES
June
26 , 2006
7
p.m. Rose Room
Ford
County Government Center
Members Present: Ric Marboeuf,
Grant Powers, Josie Lix, and John Mullen
Members Absent: Scott Vander Hamm
Staff Present: Mark Shriwise and Missy Drake
Special Guests: Leo Del Real,
Rodalfo Treto, Manuel Manriquez, and Kevin Noll
Approval of Meeting Minutes:
Previous meeting minutes from the May 22, 2006 meeting were approved with motion
being made by John Mullen and
seconded by Josie Lix.
Public Hearing:
Case #06-07: Development
Plan- Palomino Ranch
· Mark addressed the board with the Staff Recommendations including Ford
County Sheriff be called and business shut
down immediately if violations occur due to the past problems with violations
· Kevin Noll addressed the board as Agent & Surveyor on this project
· To address the problem of noise Kevin did say that Leo planned to build
a large building to hold the dances and music
inside
· Ric commented that at this moment there was no building to help with
the noise and asked if this was true
· Kevin said no there is not a building now but to his knowledge there
was only one violation in four years and he really
didn’t
know about the noise complaint
· John felt that as a citizen who is disturbed by the music that 9:00
is late enough, and that the new development plan
said
live music ever weekend which could easily cause the time to go over
· Kevin said he understood the concern but the original set up with the
conditional & development plan was 10:00 and he
has
not been told about any problems with neighbors
· John said living ½ mile away and knowing the neighbors that
the only reason some were not there was due to the fact
they
where still at work
· Kevin discussed with Leo, who was in the audience that the speakers
could be turned in a different direction and
volume
turned down to help with the noise
· Ric brought up that the height of the speakers also makes a difference
in the level of volume
· John acknowledges that he wants business to come in and for people
to have fun and do things. It’s just when it gets
late it does bother the surrounding area.
· Grant asked if there was anybody from the audience that needed to speak
· Manuel Mariquez introduced himself as Dodge City Downs Owner and neighbor
to the Palomino Ranch
· Manuel stated that he started Dodge City Downs five years ago, and
the Palomino Ranch came in four years ago. At
first
the Palomino Ranch was for Bull Riding and Rodeo and after a year it wasn’t
working out so they put in a horse
racetrack.
The Ranch had a two-year Conditional Use permit with the requirement that a
paved road was to be put in.
Then
after a year and half the county tried to take the permit away from him because
he hadn’t followed the
requirements
in the Development plan. Leo the owner of the Palomino Ranch then went in front
of the Commissioners
where
they granted him another two years with requirements that stilled needed to
be followed. He was to have the
road
paved. This was not because the road needed it; it was due to it being in the
Development plan. Manuel said this
was
unfair because he was not given one day before he had to finish everything from
a paved road to sewer and water.
He
felt this was unfair that he was not given one day and Leo has been given four
years. Manuel than brought up the
fact
that Palomino Ranch had some violations on holding events without a permit.
· Mark corrected Manuel to tell him that permits where bought and granted
after Leo was notified of the violations.
· Manuel requested copies of the permits
· Grant than asked Manuel didn’t he had some problems with noise
from an event that he held which did not have a
permit
· Manuel responded that he didn’t have any fights or anything like
that but there was a violation due to not having a
permit
· Grant commented that we can’t put all the blame on the Palomino
Ranch that there was a violation at Dodge City
Downs
and that the Ford County Board had to look at that too when they consider what
Leo wants to do.
· Manuel said he understood that but he just wanted the board to be fair,
and to have Leo accomplish what he was
suppose
to from the last conditional use permit Leo received two years ago and have
the road paved.
· Grant asked if there was any comments from the board
· John had no more comments
·
Ric said he understood Manuel’s frustration because he put in the sewer
and water for Dodge City Downs and knew
the
cost that Manuel had to pay to get everything done so he felt he shouldn’t
state his opinion, especially since Manuel
had
to put in a paved road
· Mark asked if Manuel or the City paid for the paved road since the
first 200 feet of Manuels’ property is in the city.
· Ric said Manuel paid for everything
· Grant made the comment that once it was paved it became public use
so the city maintains the road
· Grant asked if all the requirements of the Palomino Ranch was completed
but the paved road
· Kevin asked to readdress the board. He stated that all requirements
where full filled. He said the road was not paved
due
to the fact it was in the township and the township has no way of maintaining
a paved road. Leo has entered into a
contract
with the township for them to maintain the road and the township bills Leo for
the cost. Before Palomino
opened
they had Engineers come out and built up the road with a drainage ditch and
to make sure everything was in
order
so that the township could maintain the road without any problems. The agreement
with the township is in writing
and
the County Administrator has a copy of the agreement. Kevin thought this was
all taken care several years ago
when
they did the city water and sewer because the issue of the paved road was not
brought up again.
· Grant said these people are trying to make a living and they have spent
a lot of money and we don’t want to put them
out of business and they
have completed everything but the paved road
· Ric agreed that putting anybody out of business is not the goal but
definitely we have to set rules and rules need to be
followed. There is a balance
there. There also needs to be some value to the community, we don’t want
people
disturbed or neighbors to fight.
· Josie stated that she agreed with Mark earlier that if we set some
rules and they don’t abide by them then something
needs to be done. Rules
need to have enforcement behind them. If they comply then there should be no
problems
· John stated that he agreed on the enforcement. If Leo could come up
with a way to stop the noise so the
Commissioners don’t get any more complaints
with Kevin’s help, then there should be no problems.
· Ric wondered how we went from a paved road to where maintaining a gravel
road was okay, due to this being an
important issue.
·
Mark said he wasn’t sure but that this was added in two years ago and
Leo was suppose to have it done in a 18 month
or 2 year period and that period
is not over yet.
· Ric stated so if we approve this tonight then it goes before the commissioners
and according to the new development
plan Leo does not want to put in a paved
road and it would stay a gravel road
· Kevin stated that that was correct and if Leo was forced to put in
paved road he would have to close.
· Grant asked for a motion to be made.
· John made the following motion:
Palomino Ranch is allowed to continue to operate as is to the previous development
plan with the exception of the
road not to be upgraded to Asphalt, but the gravel
road must be maintained thru the personnel contract with Dodge
City Township
at developer expensive. That the development plan will be valid with no time
limits as long as the
applicant follows the use for the approved development
plan and conditional use permit. If violations occur, the
development plan must
be updated, reviewed by zoning, and approved by Ford County BOCC, before any
event for
any other special event can be held.
· Grant asked for all those in favor of the motion and to vote by card
·
Mark read the cards, 3 in favor, none oppose and 1 abstaining
·
Grants addressed the guests stating that the board had laid out some rules and
in order to maintain the permit
Palomino Ranch must follow these rules. The
recommendations on ways to lower the noise needs to followed or the
consequence
will be immediate lose of the permit, with that said Grant informed the guest
they were excused or could
stay to for the rest of the meeting.
STAFF RECOMMENDATIONS:
Case # 06-06: Development Plan-Palomino Ranch
COMPREHENSIVE PLAN COMPATABILITY:
This application is for an updating development plan for Bull Riding, Rodeo,
& Horse Racing Facility and live music (the plan
says every weekend the
owner said once a month) on 33.5 acres.
SURROUNDING PROPERTY USE:
The property is at the West end of Pheasant Road. To the East is a Quarter Horse
racetrack (Dodge City Down’s) and
undeveloped lots. To the South and West
of the property is the flood levee for the Arkansas River. To the North and
Northeast
are residential homes and undeveloped residential lots.
RECOMMENDATIONS:
Applicant must abide previous and current developments plan.
All outdoors events must end at sundown for the fall, winter and spring months
and end
At 10:00 P.M for daylight saving times months (April thru October).
The applicant should plan and develop measures for noise suppression such as
sound barriers,
Directional speakers, band shells etc.
As stated in the development plan, future construction of building for hosting
indoors events is requested and not to pave and
gutter the road.
The development plan will be valid as long as the applicant follows the use
for approved development plan and conditional use
permit. If violations occurs,
the development plan
Must be updated, reviewed by zoning and approved by Ford County BOCC, before
any event or any other special event can
be held.
This case will be presented to the Ford County Commissioners on July 3, 2006
along with the recommendations of the Zoning
Board. This will be a report only
not a public hearing. If you wish to protest this application please contact
Mark Shriwise,
Zoning Administrator at 227-4739.
Public Hearing:
Case #06-03: West Hwy 50 Addition Correction Plat for West
Hwy 50 Addition
·
Grant opened up the hearing for Case #06-03
·
Ric asked for a copy of the old Plat because the he remembered the board recommending
lots to be combined to form
two acre lots and noticed that there were two
lots that were just a little over one acre
·
Marc explained that lot one was expanded to two acres to hold a building,
septic system and water well. Lot 3 is an
existing lot. This is a problem
that we have on descriptions. It was platted this way, it didn’t change,
but she actually did
lose a 10th of an acre.
·
That was one of the things on the staff recommendations that the descriptions
used for these were scaled and ones
that were recorded on deed. Well they do not match what is on this plat. Mark
had asked and thought the descriptions
would be re-written but they weren’t. Mark put in recommendations that
lot 2 cannot have any residential living on it. It is
not zoned for that.
It is zoned for Conditional use, selling and displaying Mobil homes and selling
used cars. Lot 1 and 2
are for that only. Not for residential living.
·
John asked if they could hook up gas and water so they could show buyers how
things work
·
Mark said No
·
John asked what was going to happen to lot 2.
·
Kevin Noll with addressed the board as surveyor & agent for USA Auto
·
Basically Lot 3 and Lot 4 use to be in one piece. The landowners got together
and measured the land themselves and
hired a lawyer to write out the description. The owners agreed to this line
regardless to the previous description that
this is where their land is. Kevin explained that the description is not surveyed
because the description was written so
poorly.
·
John asked who owned Lot 4
·
Kevin replied Mary Joe Davis
·
Mark corrected Kevin that Lot 4 was owned by Valdez
·
Kevin apologized and said Mark was correct
·
Kevin then read off the new plat about the agreement between the landowners
that they were all sharing in the cost of
the plat but Mr. Pennington.
·
Grant asked what was needed tonight if it was just to approve this plat
·
Mark said and the Lots. Mark concern was at one time Lots 1 and 2 were going
to public sewer. Ric brought up the last
time this was discussed that a water well had been put in so that makes the
environmental code in violation for that
property so that was why the lots should be combined. Mr. Bailes does not want
to combine the Lots. He wants to put
the second lot in there.
·
Ric asked Kevin if Mr. Bailes is aware that the Lot 2 is not able to have
any buildings put on it.
·
Kevin informed the Board that Mr. Bailes is aware of that. At first Mr. Bailes
was going to have City Water but to do that
he would have to sign a contract
stating that he would not fight annexation. Mr. Bailes did not want to do
that so he
drilled his own well.
·
Grant concern was wondering what he is going to do with Lot 2
·
John said tonight there was nine vehicles stored there tonight and His permit
allows storage of only six.
·
John asked if the Board had received a letter that Bailed would not develop
Lot 2
·
Kevin confirmed that Lot 2 would not be developed
·
John asked about Lot 3
·
Kevin said Lot 3 was not his.
·
Mark said Mary Joe Davis owned Lot 3 and Valdez owned Lot 4 where he sells
fireworks.
· Ric asked if there
would be an access to Lot 2
·
Kevin said there was a private road on the side, and that Bailes had filed
an agreement that Lot 2 would not be
developed with out a road being developed.
·
Mark said that was in the staff recommendations for drainage control.
·
Grant asked if there was any more question from the board
·
Grant asked for staff recommendations to be read
·
Mark read staff recommendations
·
After recommendations were read Grant asked the question about what if Mr.
Bailes wanted to put up a big huge sign
·
Mark said he would need a sign permit.
·
John asked if it was a huge sign would he have to go to the people around
him
·
Mark said whatever conditional use regulations say there are certain dimensions
that Mr. Bailes would have to follow
·
Ric asked just for information what does he plan to do with Lot 2
·
Kevin said he wasn’t sure but what he thought was that Mr. Bailes was
waiting for the city to bring out water and
sewage and that would change the
situation where that Lot was concern.
·
Grant asked for a motion to approve the Plat as presented
·
Ric made motion to approve case #06-03 as per Staff recommendation
·
John second it
·
Mark read the vote cards. Four in favor none oppose
STAFF RECOMMENDATIONS:
Case #06-03: West Hwy 50
Addition Correction Plat for West Hwy 50 Addition
COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with the objectives of the Ford County Comprehensive
Plan. The applicants are submitting a
correction plat to correct metes and bounds.
SURROUNDING PROPERTY USE:
The surrounding property use is rural residential.
RECOMMENDATIONS:
Submit Final Plat on Mylar (4 copies and electronic disk copy).
Lot Descriptions for 1, 2, 3, and 4.
Lots 1 and 2 have a conditional use permit for displaying manufactured homes
and selling used motor vehicles. Only lot
improvements as specified by the conditional
use permit will be allowed.
All other residential living housing improvements will be allow if approve by
Zoning Board and/or Ford County Board of County
Commissioners.
Check and correct spelling errors, secure landowners signatures, title report, paid all fees and taxes
Applicant (USA Auto) wishes not improve the road and drainage controls until
new development or improvements to the
adjacent property to the north or to
improvements to Lot 2 of the West HWY. 50 Addition Plat. Upon such time, USA
Auto will
submit plans to develop and maintain the road and drainage controls
as outlined by the current Ford County Subdivision
Regulations at no cost to
Ford County or Dodge Township. USA Auto will be responsible for all associated
costs for road and
drainage control improvements.
If this plat will be presented to the Ford County Commissioners on July 3,
2006 or later date, along with the recommendation
of the Zoning Board. This
will be a report only, not a public hearing. If you wish to protest the decision
made by the Zoning
Board, please contact Mark Shriwise, Zoning Administrator
at (620) 227-4739.
New Business:
· Next meeting the Board will need to elect new officers
Old Business:
Updating the Ford County Subdivision
· Mark said he is still waiting on Dave Yearout to update the subdivision,
zone regulation and flood mitigation
· We are getting ready to do the notification for the recycling center
and will be discussing that on the next zoning
meeting. It will be located on
the west side of JAG cement plant. Mark told the board about the meeting on
the 10th with
the
Ford County Solid Waste and that it was open to the public and the recycling
plant will be discuss then
.
Reports:
None
Adjournment:
Josie Lix made motion to adjourn at 8:40 PM, John seconded, the motion passed
unanimously.
They’re being no further business
to come before the Zoning Board at this time, said Board adjourned.
_________________________ ______________________________
Grant Powers, ViceChairman
Mark Shriwise, Secretary
FORD COUNTY ZONING BOARD MINUTES
September
25, 2006
7
p.m. Rose Room
Ford
County Government Center
Members Present: Scott Vander
Hamm (Chairperson), Grant Powers (Vice-Chairman),
Josie
Lix, Ric Marboeuf and John Mullen
Member Absent: None
Staff present: Mark Shriwise and Missy Drake
Special Guests: Dennis Hernandez
(Kansas Waste Recovery), Duane Palmberg (Tucson Transformer and Apparatus) and
Kevin
Noll (Plat for Asher Fields), Lowell Brakey along with 118 citizens in the audience.
List of names are
located
with minutes at Ford County Planning, Zoning, Environmental Health Office in
the Ford County
Government
Center.
Approval of Meeting Minutes:
Previous meeting minutes from
the June 26, 2006 meeting were approved with motion being made by Ric Marboeuf
and
Seconded by John Mullen.
Hearing Procedures:
Scott read Zoning Board Hearing
procedures explaining that any rebuttal will be held to a five-minute limit.
Public Hearing:
Case #06-08 Kansas
Waste Recovery-Conditional Use/Development Plan:
·
Scott read Zoning Case hearing procedures.
·
Scott, Grant, and Ric announced that they had attended different meetings where
Dennis had given a presentation so
that they could attain all the information they could.
·
Lowell Brakey announced that he had a question about rules of procedures
·
The Chairperson said Mr. Brakey would get his chance.
·
Dennis Hernandez came forward stated who he was, who he represented, address
and phone number. He then gave a
10-minute presentation on the project. He had a computer-generated view of the
purposed facility and the lay out of the
land.
He showed the lay out of inside the plant and talked about how they would have
a 24-hour processing time, the
sorting
stations and how the organic material is stored. Mr. Hernandez talked about
how the yard would be cared for
and
that the trash that would blow off the trucks and get loose in the yard would
be picked up by a person whose sole
job would be that. The facility has its own run off pond. He explained that
the plant would have an 8’ fence and tree line
to
hide the building. The building would be a 60,000 square feet. The facility
will have a scale house and office. They
are
trying to work with the city for sewer and water due to KDHE regulations. All
recycling will be done inside the facility.
The
facility will have two sorting lines to take care of that day’s trash.
No trash can remain in the plant overnight. It would
be
received and processed on the same day. The trash will be put on conveyer belts.
One station will break the bags,
another
will pull out different material, for instance carpet squares, and fabrics;
another will pull out wood, another glass,
(anything still containing liquid will be opened and the liquid put in a container
till it can be processed) still another will
pull
out anything metal. All organic material, grass, dead animals, etc. will be
stored in a sealed container and taken off
the
premises as soon as that container is full and disposed of somewhere else. This
facility will not do any composting.
They
will ship the organic material to a licensed facility outside of Ford County.
The facility has a screener that will pull
out
and separate all paper, cardboard, and plastics. Everything but the organic
material will be bailed. The material that
can’t
be recycled will be bailed also and taken to a licensed landfill to be disposed
of. There will be no sorting or
stockpiling
of trash outside the facility.
·
Mr. Brakey addressed the board first in rebuttal. His first concern was actually
with the board. In his opinion the board
violated
the by-laws by attending the meetings that Mr. Hernandez gave a presentation
at.
·
Scott replied that he had check out the by-laws had discussed this with other
people and it was determined that he was
not
violating anything before he went to the meeting.
·
Grant replied that Mr. Brakey and Mr. & Mrs. Tieben where at that same meeting
and he (Grant) was there as a private
citizen.
·
Mr. Brakey asked the board to deny the permit due to location and that the facility
does not comply with the
Comprehensive
Plan or blueprint of the county. He presented Exhibit A (a brief of Golden v.
the City of Overland Park)
to
show the suitability of the property. He stated that this is a growing residential
area, with Prairie West to the South
and
possibly a new by-pass being built in a couple of years. You can guarantee that
more subdivision will spring up in
this
location. The businesses in this area where grandfathered in. This area no longer
bears the stamp of industrial use.
Properties
nearby are R-1, SR, V-1 and Ag. The property is not suitability for this kind
of project due to the
&n