NO MEETING WAS HELD ON
JANUARY 22, 2007
FORD
COUNTY ZONING BOARD MINUTES
February
26, 2007
7 p.m.
Commissioner
Conference Room, 1st Floor
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:
Steve Collins (APAC), Mike Weber, Dalbert Holman, and Delmert & Marie
Kolbeck
Approval of Meeting Minutes:
Previous meeting minutes from the November
27, 2006 were approved with motion being made by Ric Marboeuf
and seconded by John Mullen. Motion carried.
Hearing Procedures:
Grant read the Ford County Zoning Board
Hearing Procedures.
Public Hearing:
Case #07-01: APAC/ Shears Conditional
Use
·
Grant requested that Mark give the staff recommendations
STAFF RECOMMENDATIONS:
Case # 07-01: Gladden- APAC/Shears
Conditional Use and Development Plan:
Expansion
of asphalt and aggregate business.
Address: 11188 Bypass
56, PO Box 668 Dodge City, Ks 67801
Location Description: Location
is located on the tract of land generally described as Part of Lots 4 5, Block
2,
Gladden Addition #2 a Tract in Govt. Lot
1 the SE/4 of the SW/4 of Section (32) Township (26) Range (24) ;West of
the 6th Principal Meridian in Ford County,
Kansas.
Township: Grandview
Flood Plain: Zone A
Zoned: 28.9 Acres
COMPREHENSIVE PLAN COMPATABILITY:
This development is compatible with the
objectives of the Ford County Comprehensive Plan. The application is for an
industrial use in and Industrial/Ag area,
and is within the desired growth area of Dodge City. No substantial change
is
proposed.
SURROUNDING PROPERTY USE:
The surrounding use is Industrial/Ag in
nature and has been so for some time. To the east lies Ag land. To the west
is
a viable commercial establishment. To the north is Ag land. To the
south is the Arkansas River and a dense
residential non-conforming use.
RECOMMENDATIONS:
Follow Floodplain requirements (if any)
and permitting requirements with state and federal regulations.
Follow 1999 Development Plan and Current Development Plan
Landowner Concern:
Have drainage controls to prevent flooding on existing subdivision (Anderson
Addition and
Wilkinson Addition.
46. Quarrying, mining,
and removal of sand, gravel, stone, coal or topsoil and the processing of
the same, including
asphalt and concrete plants, provided:
a.
All quarries and mining operations and asphalt and concrete plants
shall be screened by a method approved
by the Governing Body when the same are within ¼ mile of any residential
dwelling.
b.
The applicant shall provide an approvable method for dust abatement on all
unpaved interior roads if any part
of the operation is located within ¼ mile of any residential
dwelling.
c.
Where applicable, a maintenance agreement between the applicant and
the County shall be required to
maintain the roads that provide the ingress/egress to the operation.
d.
All areas quarried or mined shall not endanger the lateral support of abutting
or adjoining properties. A
minimum
setback of 100 horizontal feet from any road right-of-way and 30 horizontal
feet from all other
property
lines, measured on the surface, must be maintained free of any quarrying or
mining activity, either
surface
or subsurface. The setback areas may be used for the erection of berms or
other screening features
required
by the Conditional Use Permit.
e. A plan for reclamation of the site shall be prepared and submitted
as a part of the application. The plan shall
indicate
a timetable for the reclamation to the proposed use of the site and a general
plan of the proposed
use.
The reclamation plan submitted shall be binding only to the extent that said
plan shows the intent of the
applicant
for reclamation. The actual reclamation plan may be amended at such time that
the applicant is
ready
to begin such reclamation; however, the amended plan must be approved by the
Governing Body
before
reclamation work may begin. Said approval of a revised reclamation plan shall
require a public
hearing
under the same procedure as the original Conditional Use Permit.
f.
No building, equipment, quarry products or other materials shall be erected
or stored within 100 feet of any
property or right-of-way line.
g.
A copy of the annual survey of mining operations, as required to be filed
by State law with the State, shall
also
be filed with the Governing Body. Said annual survey applies only to underground
mining activities, not to
open
pit mines or quarries.
After a 14-day protest period has lapsed,
this case will be presented to the Ford County Commissioners on March
19, 2007along 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.
·
Steve Collins (APAC/Branch Manager)
addressed the board. He explained how the extraction that will done
is
the same as the dry screen. The company will not go below any water level.
Operations stop when moisture
gets
slightly above 20%. What will be extracted will be for inner company use only.
The high clay content makes
the
sand not available for sale.The berms we have on our existing pits have been
in placed for quite a while. We
are
governed by the mine safety health act, which is the mining business over
site. The act establishes certain
factors.
We have to contain safety for traveling public, when the traveling public
is inclusive of us. They do not set
a
designated safety slope or anything. We just have to prevent any equipment
or vehicles from traveling
somewhere
or possible over into a pit. We fenced the remaining portion of our property
off. We have intended
finishing
the east side and north side after approval so it will be all fenced in. The
landowners have very
legitimate
concerns with the drainage. It is a matter of using fencing thru this area
or a low sloping downwards to
the
bottom of whatever the pit elevation will be. This is something we can work
on.
·
Mike Weber (Landowner) Concern with the water drainage. It
is bad the way it is and does not want the
problem
to be compounded. Mr. Holman property is a low lying area and the water just
stops right there.
·
Delmert Kolbeck (Landowner) The sand and gravel in that strata
if ever the river comes up the under flow
comes
up right there and we have a mosquito breeding ground. It has been that way.
The more you bare that
over
burden and you take that off there nothing but a swamp and that drains from
the airport all the way through.
This
hasn’t happen in quite a while but is possible.
·
Dalbert Holman (Landowner) Concern that the drainage is not
restricted. We have problem enough with deep
water running down Prairie Lane. If we have more restriction on the drainage
it could back up enough to get into
the
basements.
·
Grant asked Steve if they were intending to put a berm up on the north side.
·
Steve informed the Board and the Landowners that after seeing the concerns
of the landowner he didn’t see how
they
could. APAC would work with them to make sure the pit does not cause more
problems with the drainage
to
the north.
·
Grant said, as he understood it that APAC would work with these landowners
and not do anything on the north
side
that would stop the present flow of water.
·
John made motion to accept with the condition that APAC would work with the
landowners and no berm would
be
built to the north.
·
Jose 2nd motion and motion carried.
·
Grant announced the board has to vote on written ballots for record only.
·
Mark read ballots 4 in favor and none opposed.
·
Grant announced that the Case would go before the Commissioners on March 19,
2007.
New Business:
Updating Flood Plain Maps
Mark
told Board about a Meeting for updating the flood plains maps has been scheduled
for March 6, 2007 at
1:30
pm if any body wanted to attend. This was being held by the AMEC.
Cases Coming before
Zoning Board on March 26, 2006
a)
Dial Renewable Fuel applied for Conditional Use for property located
around 10469 Hwy 50, Dodge City, Ks.
67801.
b)
Carol Slovacek wants to put in a Kennel. The land is located on 123rd Sec(13)
Twp( 26) Rng( 23). Does not
have
a 911 address. English Farms Inc is the land owner.
Spearville Wind farm
is getting a new monitoring tower
Old Business:
None
Notices & Communications:
None
Reports:
None
Adjournment:
There being no further business to come
before the Zoning Board at this time a motion of adjournment was made by
Ric Marboeuf and seconded by Grant Powers.
The motion passed unanimously and meeting adjourned at 7:50 p.m.
______________________________
_______________________
Grant Powers Junior Vice- Chairman Mark
Shriwise, Secretary
FORD
COUNTY ZONING BOARD MINUTES
March
26, 2007
7 p.m.
Ford County Government Center
Rose
Room, Basement
Call to Order: Meeting
called to order by Grant Power (Acting Chair-Person) at 7:00
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: David
Wehner (Dial Resources, L.L.C.), Carol Slovacek (Kennel Operations) and 35 people
in
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 February
26, 2007 approved with motion being made by Ric Marboeuf and
seconded by John Mullen. Motion carried.
Meeting Procedures:
Grant read the Zoning Board Hearing
Procedures
Public Hearing:
Case #07-02:Dial- Ford County
Bio-Renewable Biofuels
Grant
asked if there was a representative for Dial in the Audience
·David
Wehner (Dial Resources, L.L.C.) – I come before the Board
with the plan to build a bio fuel
campus.
We have the intent to build this in a three-stage phase. Phase one is to build
a 113.4 million gallon
ethanol plant. This is what we are specifically coming before the board with
tonight. The plan is designed to
meet
all the requirements for local and state government. There is enough space,
value, and resources in
Ford
County to have multiple ethanol and bio fuel facilities.
·Using
power point Mr. Wehner at this time had some diagrams showing the various aspects
of the plant.
·Phase
one shows the 113.4 million gallon ethanol plant. This part of the development
will employee 41 full
time
employees with a payroll in excess of 2.1 million dollars a year. Phase two,
which will be started at a
later
date is the bio-diesel plant. This part of the plant should produce 60 million
gallons a year of bio-diesel.
Phase
3 is to double the size of the original ethanol plant which will increase the
ethanol to 226.8 million
gallons a year production. Our plant is committed to do what ever is environmental
responsible and possible.
In
conjunction to that we are pursuing the use of gray water from Excel Beef Processing
Plant. If we are able
to
do this 61% of our water will be gray water that has already been extracted
from the ground. This will be
used
for our cooling towers in our facility. We have obtained the required water
rights needed for the other
39%.
We also have committed from people in this region to meet the water needs for
this entire facility if gray
water
is not feasible.
·John-Can
you reuse the gray water over and over again until evaporation?
·David
- 40% of the gray water would evaporate while in use. What is left the plant
is looking at pumping that
water
into two ponds for irrigation purposes.
·John
- Why could the plant end up not using the gray water?
·David-
It would be due to economic reasons.
·Ric
- The proposed route of the water lines is along the railroad. Do you have an
agreement with the railroad
since
it is their ROW?
·David-
We have the documents to pursue this issue but have not finalized anything yet.
·John-
Would the water line be above or below ground?
·David-
The lines would be buried.
·Ric-
How many feet of railroad do you have?
·David-
The plant will have 55,000 feet with no loop. This is a parallel track. This
specific type of rail is done in
44
plants.
·Ric-
Where does the plant intend to get their grain?
·David-
The plant will get the grain from Illinois on rail. Research shows in this county
there is a deficit of grain
in
the excess of 4 million bushels a year.
·Ric-
Will you use corn or milo?
·David-
The plant would use both.
·John-
Is this your first ethanol plant?
·David-
We are building this same plant on another site in Kansas but the goal is a
total of five plants, two in
Kansas,
two in Nebraska and one in Illinois.
·Grant-
Is there anybody else who would like to address the board?
·John
Pritchard (Antioch International) - The design for the railroad
tracks at the plant is a parallel design,
which
has been down for over 40 plants. The tracks are set up to handle unit trains
of corn coming in. There
are
about 110 cars per train. You have about 6,600 feet of track just to hold the
train. You unload the cars then
set
the track up for an empty unit train to go back to Illinois. Ethanol would be
loaded out the same why. The
unit
train would come in 100 cars at a time.
·Grant-
Is there anybody else who would like to address the board?
·Thomas
Bogner (Farmer)- I am enthused with the idea of the plant. It
is exciting to see a crop grown here in
the
community stay and be used in this community instead of shipping it out of state
or over seas. I am also a
repesentative
for the ground Water District of Ford County since 1988 and I know the importance
of water
and if you have any questions concerning the water just ask but I know that
Ford County could support this
plant.
·Bill
Hawley (Citizen)- I am not against the plant, just against where
the access road is located off the
highway.
It is directly in front of my driveway and there is a hill there. I am afraid
of ending up with a truck in my
house.
The logical would be on the west side of the plant or bring it in on the south
side and over the tracks. I
would
asked that the plant not be approved with this access road
·Brent
Remsberg (PEC Engineer)- I represent the company who proposed
the access road to cross both
the
highway and the railroad so that there wouldn’t be the normal disruption
you have on the highway when
you
have to make a left turn from the highway or if you have a train on the tracks
which can cause the traffic to
get
stacked up. If you look at the plans due to the layout of the tracks the access
can be on the east or west
side
of the plant. The east side is closer to town.
·Ric-
David has KDOT been consulted on this?
·David-
We have not talked to KDOT but PEC has done this exact design and had done numerous
over
passes
and has worked with KDOT.
·Ric-
Is this near the US 50 to US 56/283 Bypass that should be coming in?
·David-
Yes, and this will be a plus to the plant.
·Dale
Luedke (KDOT)- KDOT is interested in working with the Dial Corporation
in regards to access to Hwy
50
whenever they are ready.
·David
closed with the acknowledgement that he is looking forward to working with the
people in this area if
the
conditional use passed.
·Grant-Is
there anybody else that would like to address the board. This public hearing
is now closed and
requested
for Mark to read the staff recommendations
·Mark
read the following recommendations
STAFF RECOMMENDATIONS:
Case # 07-02, Dial- Ford County
Bio-Renewable Biofuels Conditional Use and Development Plan
Ethanol
Plant and Bio-diesel Plant
Address: 10467 West 50
Hwy, 10469 West 50 Hwy (Joe Gleason residence)
Location Description: A
TRACT OF LAND LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 23,
TOWNSHIP26S,
RANGE 26W, AND THE NORTH HALF OF SECTION 26, TOWNSHIP 26S, RANGE 26W OF
THE
6TH P.M. FORD COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:COMMENCING
AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 26 SOUTH,
RANGE
26 WEST; THENCE BEARING S88°29’50”E ALONG THE SOUTH LINE OF
SAID SECTION 23, A
DISTANCE
OF 1223.67 FEET; THENCE BEARING S1°30’10”W A DISTANCE OF 273.91
FEET TO THE
POINT
OF BEGINNING; THENCE BEARING S55°51’43”E A DISTANCE OF 2400.00
FEET; THENCE
BEARING
0°21’13”E A DISTANCE OF 619.72 FEET; THENCE BEARING N34°8’17”E
A DISTANCE OF
844.92
FEET; THENCE BEARING N55°51’43”W A DISTANCE OF 2100.00 FEET;
THENCE BEARING
S34°08’17”W
A DISTANCE OF 50.00 FEET; THENCE BEARING N55°51’43”W A DISTANCE
OF 900.00
FEET;
THENCE BEARING S34°08’17”W A DISTANCE OF 950.00 FEET TO THE
POINT OF BEGINNING.
SAID TRACT CONTAINING 66.8 ACRES MORE OR LESS.
Township: Fairview
Flood Plain: Zone A and
C
Zoned: AG- agriculture,
66.8 acres plant site,
COMPREHENSIVE PLAN COMPATABILITY:
The applicant requests to build an ethanol
plant and bio diesel plant. This development is compatible with the
objectives of the Ford County Comprehensive
Plan.
SURROUNDING PROPERTY USE:
The surrounding property use is agricultural
farm ground with Howell, Kansas about two miles west, two farmstead is
located on The north side of US Hwy 50 Road
over 0.5 miles away and a rural subdivision is located about 1.5 miles
east along US Hwy 50. Arkansas River is to the
south and a farmstead is located within the proposed plant site.
STAFF RECOMMENDATIONS:
Must follow FEMA, Kansas Dept. of Agriculture
and Division of Water Resources, and Ford County Floodplain
regulations.
Establish and maintain a potable water
supply as required by Ford County Environmental Code and-or KDHE. Over
25 employees will require an approved public
water supply as regulated by KDHE Code. The septic system may be
sewage lagoon or septic system. If the business
is over 20 employees, the septic system and leach field may have to
be registered with KDHE as a Class V injection
well.
Follow the submitted development plan. Abide
by federal, state and local regulations, permits, and plans etc, as
required.
Develop, train and maintain Plant Emergency
Plan for plant employees, Local and State LEPC, Ford County Fire
and EMS, and local township fire departments.
Provide fire training and necessary resources for gasoline, ethanol
fires.
Traffic Control: Most of the traffic entrances shall be off of the US HWY 50.
County Road Maintenance Agreement:
If county roads are used during construction and after construction, a
maintenance agreement shall be submitted
and approved by Ford County Board Of County Commissioners before
construction commences.
Incorporate water conservation controls:
Effort should be made recycled as much water as possible.
A decommissioning agreement with Ford
County shall be submitted and approved by Ford County Board Of County
Commissioners before construction commences.
Applicant should research incorporating
other feedstocks such as wheat, switch grass, saw grass and other locally
grown crops into its production process.
After a 14-day protest period has lapsed,
this case will be presented to the Ford County Commissioners on April 16,
2007 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.
·Grant
asked for a motion
·John
made motion for approval on phase one
·Ric
2nd the approval
·Grant
called for written ballets
·Mark
read ballets 4 in favor none apposed
·Grant
announced that this would go before Ford County Commissioners on April 16th
Public Hearing:
Case #07-03:Kennel-Carol Slovacek
Conditional Use Permit and Development Plan:
Grant
asked if a representative was in the audience for the kennel
·Carol
Slovacek (Kennel Owner)- I am currently operating a kennel in
Hodgeman County and would like to
move
my kennel to Ford County. My business would consist of no more than 100 breeding
animals. I will
comply with the requirements of Ford County for a kennel facility. I am currently
licensed under the USDA and
Kansas
State Animal Health. This will be a private business. The public will not be
allowed in kennel areas
due to infection control issues. I will have an evergreen tree row planted
to reduce and prevent the distraction
or
excitement of animals. I will have two kennels with runs and open areas that
will be located at least 200
feet
from the property line. A septic tank will be installed between both kennel
units. There will be no signs.
Victory
Electric will be installing two security lights.
·John-On
the breeding stock you said 100 animals. Is the ration 50 male to 50 females?
·Carol-
The ratio is not that high. The animals will not be allowed to roam free. They
are enclosed at all times. I
sell
to pet shops and threw brokers.
·John-
Is your kennel mainly for dogs?
·Carol-
I breed only dogs and all my dogs are AKC and champion pet degree toy dogs.
·John-Do
you have a vet for on site?
·Carol-I
have a vet from Jetmore and I will continue to use him because he is a very
good vet. My vet does
 
make on site visit. I am inspected by USDA two times a year and by the state
of Kansas at least four times a
 year for my license. I was inspected by the state in the last two weeks.
·John-This
is a good size area. At one point in time what is the largest amount of dogs
you will have?
·Carol-
I am only applying for 100 so that the dogs can be easily contained in the two
building I am proposing.
·John-
There will be 100 dogs or less but not over amount. Is that correct?
·Carol-That
is correct. I am looking for a full or part-time employee who can help me with
the dogs. Due to
 
were I live now I can’t find anybody who will come out that far.
·Josie-
have you ever been cited for anything?
·Carol-
Yes, on the last inspection the USDA found a loose panel on one of my pens,
which I corrected that
day. The State does not cite you, but they give you recommendations on what
needs to be done. . The
 inspection was at 7:00 in the morning. I did not have time to clean the
kennels yet so one of my pens had
 fecal matter and that was noted. The state also wanted my tarps put out
on my outdoor run. I am preparing to
 
do that now.
·Grant-does
anybody from the audience want to address the board
·Shana
Boyd (Citizen)- Presented copies to the board on violations
from the USDA and State of Kansas
 
inspections.Only 400 yards from the nearest landowner which was Shana but she
recently sold the property.
 
Carol is planning on putting the animals in the grain bins, and I don’t
think that would be sufficient in
 
ventilation. I am oppose to Carol operating a kennel in Ford County based on
the information that I have
 provided you. Carol has had several violations including cleaning,sanitation,
pest control, and house keeping
 
from 2002 to 2004. Everything I have looked up on this has been negative and
I don’t think she should be
 
allowed to have the kennel in Ford County
·Verl
Shean (Citizen)-thought that once the acreage was split into
40 acres that it couldn’t be split again and
 she wanted to put the kennel on 4 acres.
·Mark-Explained
that you can do one lot split on the 40 acres.
·Grant-does
anyone else want to address the board
·Carol-The
violations were obtained in a period of 1-½ years while she had her kennel
leased to another
 
person. She had some health issues and had to have surgery and could not take
care of the kennel. When
 
she discovered she was going to lose her license she took the kennel back over.
·Grant-
Is there anyone else who wants to address the board?
·Cliff
Boyd (Citizen)- I have seen how she takes care of animals. This
winter I had to go over and break the
 ice so that her horses could get a drink. I called her and told her they
needed water, and she made the
 
comment about taking care of it tomorrow. Horses need water everyday. I called
the Humane Society once,
 but they said they couldn’t do much. I feel that if you have animals
you should take care of them.
·Grant-Is
there anyone else who wants to address the board? At this time we will close
the public hearing and
 
ask Mark to read the staff recommendations.
·Mark
read the recommendations.
STAFF RECOMMENDATIONS:
Case #07-03: Carol Slovacek (English Farms) Conditional
Use Permit and Development Plan:
The
purpose of starting a kennel operation for breeding and selling small dogs and
animals
Address: No 911 address.
Location Description: S 1/2 13-27s-23w, Said
tract of land is located on the East side of 123 Road between U.S.
 Hwy
400 and Outlaw Road. Said business will be located on the tract of land generally
described South Half
 of Section (13) Township (27) south, Range (23) west of
the 6th Principal Meridian in Ford County, Kansas.
Township: Spearville
Flood Plain: Zone C
COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with the objectives of the
Ford County Comprehensive Plan. The applicant requests of
starting a kennel operation for breeding and selling small
animals and-or dogs.
SURROUNDING PROPERTY USE:
The surrounding area is zoned “Agricultural” and
is agriculture use surrounding the area. One farmstead is located
 adjacent to the proposed kennel site.
RECOMMENDATIONS:
Staff has received concerns about applicant care and treatment
of the animals and existing kennel in Hodgeman
 County, Kansas.
Applicant must close the land purchase agreement and provide a boundary survey for kennel site.
Applicant follows the development plan, Federal and State license requirements.
Procedures for caring, feeding, sanitation, and disposal
of deceased animals should be on file at Ford County
 Planning, Zoning, and Environmental Health Office.
The applicant needs to address water, septic tanks and environmental concerns.
After a 14-day protest period has lapsed, this case will
be presented to the Ford County Commissioners on April 16,
2007 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.
·Grant
asked for a motion
·Ric
made motion to table this case #07-03 and recommends that on the next meeting
a representative from
 
the state or county be present to explain the violations.
·John
2nd this motion
This case was table until April 23, 2007 to give time for
the board members to read and examine new evidence that
was presented to them.
New Business:
None
Old Business:
None
Notices & Communications:
None
Reports:
None
Adjournment:
There being no further business to come before the Zoning
Board at this time a motion of adjournment was made. The
motion passed unanimously and the meeting adjourned at 8:40 p.m.
______________________________
_______________________
Grant Powers Junior Vice- Chairman
Mark Shriwise, Secretary
FORD
COUNTY ZONING BOARD MINUTES
April
23 , 2007
7 p.m.
Ford County Government Center
Rose
Room, Basement
Call
to Order: Meeting
called to order by Scott Vander Hamm at 7:00
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: Carol
Slovacek (Kennel Operations), Jim Bailes (Conditional Use and Development Change
for
Leasing property for a warehouse, storage, and distribution of retail or wholesale
business), and
Dusty
Herring (Wholesale and retail auto sales) and15 people in 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
March 26, 2007 approved after amended spelling correction with motion being
made by John Mullen and seconded by Ric
Marboeuf. Motion carried.
Meeting Procedures:
Scott read the Zoning Board Hearing Procedures
Public Hearing:
Case #07-03: Kennel-Carol Slovacek Conditional Use Permit and Development
Plan:
Scott asked Mark the Hearing Procedures
questions. Mark acknowledged that everything was received and all
procedures followed. Scott then asked
the Board members if there is any conflict of interest or any ex Parte contact
on this matter. All members said no.
Scott asked if there was a representative for the kennel in the audience and
would they step forward and address
the Board.
o Carol
Slovacek (Kennel Owner)- (Carol handed
out pictures of her kennel and her puppies.) Carol explained
about her failed
inspections and letter from the Humane Society. She also described the kennel
she would like to
set up.
o Sam
Mosshart (Kennel Owner/President of Federation for Kennel Owners) Mr.
Mosshart holds a dog
auction about every
six weeks and Carol has sold three or four of the highest price dogs. He has
been to Carols
kennel and knows
she runs a respectable kennel. Ninety-five percent of the dogs that are sold
are sold out state.
This brings in new
money to the state of Kansas. The USDA and the Kansas Animal Health departments
inspect
the kennels. A
failed inspection in the state of Kansas could simple be a cobweb in a corner.
They then give you a
little time
to take care of it. Carol has always corrected any problems that the State has
pointed out.
o Shana
Boyd (Concern Citizen) I brought more papers from the USDA on
the failed inspections. (Shana handed
papers out to the
Board)
o Karen
Watson (Humane Society Volunteer) (Handed
papers out that showed the statistics from 2006 & first
two months of 2007for
the local animal shelter.) The Humane Society is opposed to commercial
dog
breeders/puppy mills.
o Steve
Riegel (Concern Citizen) questioned how the notification was
done and Mark explained about the 1000
feet. He was
concerned about the up keep of the property.
o Gary
Stein (Concern Citizen) He was concerned about the dilapidation
of buildings. Carol owns property in
Wright that is not
taken care of. It takes capital to maintain and Carol does not have the capital.
o Scott asked for staff recommendations
o Mark read the following
STAFF RECOMMENDATIONS:
Case #07-03: Carol Slovacek (English Farms) Conditional
Use Permit and Development Plan:
The purpose of starting a kennel operation for breeding and selling small dogs
and animals
Address: No 911 address
Location
Description: S 1/2 13-27s-23w, Said tract of land is located
on the East side of 123 Road between U.S.
Hwy 400 and Outlaw Road. Said business
will be located on the tract of land generally described South Half of
Section (13) Township (27) south, Range
(23) west of the 6th Principal Meridian in Ford County, Kansas.
Township: Spearville
Flood Plain: Zone C
COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with the objectives
of the Ford County Comprehensive Plan. The applicant requests of
starting a kennel operation for breeding
and selling small animals and-or dogs.
SURROUNDING PROPERTY USE:
The surrounding area is zoned “Agricultural”
and is agriculture use surrounding the area. One farmstead is located
adjacent to the proposed kennel site.
RECOMMENDATIONS:
Staff has received concerns about applicant care and treatment of the animals
and existing kennel in Hodgeman
County, Kansas.
Applicant must close the land purchase agreement and provide a boundary survey for kennel site.
Applicant follows the development plan, Federal and State license requirements.
Procedures for caring, feeding, sanitation,
and disposal of deceased animals should be on file at Ford County
Planning, Zoning,and Environmental
Health Office.
The applicant needs to address water, septic tanks and environmental concerns.
After a 14-day protest period has lapsed,
this case will be presented to the Ford County Commissioners on May 21,
2007 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.
The Zoning Board members had concerns
about the disposal of dead animals, what would happen if the dogs got
loose and if somebody would be there
at all times.
Carol replied that the animals would
be buried according to regulations, dogs could not get loose due to the pens
being locked at all time and she was
hiring somebody so that someone would be there at all times.
o Scott declared public hearing closed
and read the criteria for the zoning request. Scott declared that he would
entertain a motion
on the case.
o Ric made motion to approve as per
staff recommendation.
o John 2nd the motion.
o Written ballet was taken
o Mark read the ballets 3 in favor
1 oppose
o Scott declared that the case passed
and would go to the Commissioners on May 21st.
Public Hearing:
Case #07-04: Jim Bailes d/b/a USA Auto Inc. Conditional
Use Permit and Development Plan
Scott asked Mark the Hearing Procedures
questions. Mark acknowledged that everything was received and all
procedures followed. Scott then asked
the Board members if there is any conflict of interest or any ex Parte contact
on this matter. All members said no.
Scott asked if there was a representative in the audience and would they step
forward and address the Board.
STAFF RECOMMENDATIONS:
Case #07-04, Bailes-Comfort Homes/USA Auto
Address:
10868 West US Hwy 50
Location
Description: SE ¼ 28-26s-25w; about 0.5 miles West on
US 50 Highway from Dodge City, Ks. 67801-
Lots 1 and 2 of the West Highway 50 Addition
Plat
Township:
Dodge
Flood
Plain: Zone “C”
Zoned:
SR with a conditional use permit for sell of manufactured Home and use car sales
COMPREHENSIVE PLAN COMPATABILITY:
This development is compatible with
the objectives of the Ford County Comprehensive Plan. The application is for
a leasing out warehouse, storage,
and distribution of a retail or wholesale businesses.
SURROUNDING PROPERTY USE:
The surrounding area is commercial to the west and to the north, east and south
is residential along U.S. Highway
50.
RECOMMENDATIONS:
Follow the new development plan. Further development may require public water
and public sewer.
Finish landscaping and upgrade the road and implement drainage plan.
The existing conditional use permit for sale of manufacture homes and used cars should be forfeit.
After a 14 day protest period has
lapsed, this case will be presented to the Ford County Commissioners on May
21,
2007 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.
The Zoning Board Members asked if
the conditional use for the car lot and Comfort Homes business was being
discontinued, and if the wash bay
that is stated in the building plans was being used.
Mark explained that the old conditional
use would go away and in its place would be a conditional use for a storage,
retail or wholesale business.
Jim said the wash bay is not being used and will remain that way.
Public Hearing:
Case
#07-05: Herring-d/b/a StageCoach Auto Sales Conditional Use Permit and Development
Plan
Scott asked Mark the Hearing Procedures
questions. Mark acknowledged that everything was received and all
procedures followed. Scott then asked
the Board members if there is any conflict of interest or any ex Parte contact
on this matter. All members said no.
Scott asked if there was a representative in the audience and would they step
forward and address the Board.
o Dusty
Herring (StageCoach Auto Sales)- Mr. Herring stated he likes
to buy and sale cars and that this is more
of a hobby than
a business but to get a dealers license he needs to go through this and have
his property rezoned.
He discussed
the plan he handed in.
o Bill
Heinz (Adjoining landowner) –He did not believe that there
was enough land for a small car lot and was not
in favor of this.
o Vernon
Everhart (landowner)-He does not want a car lot next door. Not
enough room for a car lot.
o Max
Huffman (landowner)– He is opposed to a car lot next door.
o Dale
Ludke (KDOT)- KDOT has some concern with the driveway. It should
be 24 feet wide. He suggests updating
the width information.
KDOT could work with Dusty if he would talk to them.
o Mike
Weber (landowner) - Not 100% for this. Does not want a lot of
trash that a lot of people would bring
o Dusty-Appreciated everybody’s
input. He stated he was not putting in a car lot per say he would not go over
12 cars at a time,
and people would see the cars by appointment only.
o Scott asked for staff recommendation
o Mark read the following recommendation
STAFF RECOMMENDATIONS:
Case # 07-05 Herring-d/b/a Stagecoach Auto sales
Address:
2737 Fort Dodge Road Dodge City, Ks 67801
Location Description:
Lot PT 5 Blk 1 of Wilkinson Place #1; Section 32-26-24; 0.88 acre
Township: Dodge
Flood Plain: Zone
C
Zoned: V-1
COMPREHENSIVE PLAN COMPATABILITY:
This development is compatible with
the objectives of the Ford County Comprehensive Plan. The application is for
a commercial-retail use in a mixed-use
commercial/residential/Ag area. The applicant wishes to establish a used
car sales lot. The use would slightly
increase traffic on an already busy US Highway 400.
SURROUNDING PROPERTY USE:
The surrounding property use is residential
area to the north, west south and the east is Cargill Meat Solutions.
STAFF RECOMMENDATIONS:
Protect water well and septic systems.
Applicant may consider public water supply.
No auto repairing on site.
Because of limited space and area, cars and light trucks shall be view by appointment only.
Follow the submitted development plan-limit to 10 to 12 vehicles.
Abides by regulatory agencies such KDOT, KDHE and others.
After a 14-day protest period has
lapsed, this case will be presented to the Ford County Commissioners on May
21,
2007 or a 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.
The Zoning Board was concerned about the limited space and requested that
no more than six cars be on the lot at
one time.
o Scott declared public hearing closed and read the criteria for the zoning
request. Scott declared that he would
entertain a motion
on the case.
o John made motion to approve to a limit of six cars for sale.
o Josie 2nd motion.
o Written Ballots were taken
o Mark read ballots 4 in favor and 0 opposed.
o Scott declared that the case passed and would go to the Commissioners on May
21st.
New Business:
New Jail going in will have to come before the board.
Phase II on Spearville Wind Farm.
Old Business:
None
Notices & Communications:
None
Reports:
None
Adjournment:
There being no further business to
come before the Zoning Board at this time a motion of adjournment was made.
The motion passed unanimously and
the meeting adjourned at 9:20 p.m.
______________________________ _______________________
Scott Vander Hamm, Chairman Mark
Shriwise, Secretary
NO MEETING WAS HELD ON
May 28 , 2007
NO MEETING WAS HELD ON
June 25 , 2007
FORD
COUNTY ZONING BOARD MINUTES
July
23 , 2007
7 p.m.
Ford County Government Center
Rose
Room, Basement
Members Present: Scott
Vander Hamm, Grant Powers, John Mullen, Josie Lix, and Tom Stanley
Member Absent: None
Staff Present: Mark Shriwise and Missy Drake
Special Presentation:
Acknowledge new board member Tom Stanley and presented exiting board member
Ric
Marboeuf with a plaque acknowledging
his service to the Ford County Zoning Board.
Special Guests: Kate
Ihrke (enXco Case #07-07); Brent Yoder (Café/Bait Shop Case #07-06);
Dusty Herring
  (Reconsideration for case #07-05)
and 35 people in 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
April 23, 2007 were approved with motion being made by Grant and seconded
by John. Motion carried.
Hearing Procedures:
 Scott read the Ford County Zoning Board
Hearing Procedures.
Public Hearing:
 Case #07-06: Brent Yoder/Janette
Carr Conditional Use and Development Plan:
 Scott asked Mark the Hearing Procedures
questions. Mark acknowledged that everything was received and all
procedures followed. Scott then asked
the Board members if there is any conflict of interest or any ex Parte contact
on this matter. All members said no. Scott
asked if the applicant or a representative in the audience was present and
would he or she step forward and address
the Board.
 · Brent
Yoder- (Applicant) I want to open a small café and bait shop.
The convenience store on the plan might be
added in later but
not right now.
· Scott asked if there were any questions from the Board.
· No questions were asked.
· Scott asked for staff recommendation for Case #07-06
· Mark read the following recommendations
STAFF RECOMMENDATIONS:
Case #07-06: Brent
Yoder; Conditional Use Permit and Development Plan for the purpose of starting
a
café/convenience store/bait
shop.
Address: 212
Ford, Kingsdown, Ks. 67842.
Location Description:
Lots 10,12, 14, 16, 18, 20, 22 & 24, Block 2 Original Town of Kingsdown.
Section (18)
Township (29) Range (22) west
of the 6th Principal Meridian in Ford County, Kansas.
Township: Sodville
Flood Plain: Zone C
COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with
the objectives of the Ford County Comprehensive Plan.
SURROUNDING PROPERTY USE:
The surrounding area is zoned “V-1”
and is mostly residential. Some of the businesses located within Kingsdown
are: East Kansas Chemical, Ford Kingsdown
Cooperative and a bait shop located at 113 Main Street. Clark County
Fishing Lake is over six miles south
of Kingsdown on Kansas Highway 94.
RECOMMENDATIONS:
Comply with Kansas Department of
Health and Environment Codes and applicable Ford County Environment Codes
in obtaining and maintaining Food Establishment
licensing.
Follow development plan and in future may add convenience store and/or buildings.
New Water Well permit has been issued
and must be approved by sanitarian. Frequent bacteria and water quality
monitoring must be conducted to maintain
a pathogen free environment.
All solid waste must be properly
disposed and the septic tank must comply with current Ford County Environmental
Code for increase waste flow.
Prevent food borne illness by safe
work practice proper personal hygiene, food equipment and utensil cleanliness,
proper food storage, food protection,
adequate lighting and ventilation, proactive attitude, must control pests,
rodents, insects, mice, disease causing
pathogens, etc.
Must follow all Federal Codes,
KDHE Food Safety Codes, and regulations and codes pertaining to food
establishments, lodging, etc.
After a 14-day protest period
has lapsed, this case will be presented to the Ford County Commissioners on
August
20th, 2007 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-Are there any
questions from the Board?
· No questions were asked
· Scott-Any questions
from the audience
· No questions were asked
· Scott-declared Case
#07-06 closed and read the criteria that the acceptance of the rezoning is based
on and was
ready to entertain
a motion on Case #07-06.
· John-motion to approve
· Grant-second the motion
· Vote was taken on a
written ballet
· Mark- 4 in favor and
0 opposed
· Scott- Case #07-06
has passed will continue on to the Ford County Board of Commissions on August
20th 2007.
Public Hearing:
Case #07-07: enXco (Spearville
Wind Farm)
Scott
asked Mark the Hearing Procedures questions. Mark acknowledged that everything
was received and all
procedures
followed except the posting of a sign due to the size of the project. Scott
then asked the Board
members
if there is any conflict of interest or any ex Parte contact on this matter.
All members said no. Scott
asked
if the applicant or a representative in the audience was present and would he
or she step forward and
address
the Board.
·
Kate Ihrke- (Senior Developer for enXco)
I am asking for approval of our development plan for Phase II and Phase
III of the Spearville
Wind Project. When we initially planed the Spearville project, the plan was
to install it in multiply
Phases. The 1st
Phase was completed and sold to KCP&L. Phase II and Phase III is still owned
by enXco. Phase II
would be online
by December 2008. This Phase could be up to 154 MW or an additional 103 wind
turbines. The
remaining land can
hold up to 205 additional MW or an additional 136 turbines. These sizes were
defined primarily
based on transmission
availability at the Spearville sub-station and planned upgrades. However with
the recent
news of additional
transmission coming through Spearville and the provided interest and support
of Ford County
and the local community
there is possibility of even more wind turbines. The construction and development
of Phase II and
III will pretty much mirror what was done in Phase I. EnXco has been in continued
touch with the
local
community who has been supportive of the project and are excited to see the
expansion.
· Scott-Does anybody
from the Board have any questions at this time?
· No questions were asked.
· Scott-Does anybody
in the audience have any comments or question on this case?
· Dale
Ludke- (KDOT) Are there going to be any new access from the Highway in
Phase II or Phase III?
· Kate-At this time we
do not have the final design. What’s outlined in the project development
plan is a very
preliminary layout.
Once we get further along, I would say by the end of year, we will have a better
idea of where the
next Phase will
go within the project outline boundary. The customer of the project and the
size of the project will
determine that.
For the most part I would expect we would come off the existing wind project
roads and the existing
county roads.
· Earl
Schaffer- (President of Spearville School Board) We have enjoyed working
with enXco and look forward with
great anticipation
and joy that there is going to be a Phase II and III. This has been a great
benefit to our
community. I hope
that you will approve this.
· Don
Hornung – (Landowner) The way Phase I worked is that you leased
the property to enXco and then if a turbine
was put on your
property you received payment for it. Eventually this was signed over to KCP&L.
If the land is not
used in any of the
phases is it possible that you will still lease it.
· Kate- There will be
a landowners meeting in August that will talk specifically about the project.
If we are unable to
use it there is
no reason for us to keep it.
· Don-Is there any other
consideration or type of payment plan? Any allocated rights to property that
is in the
boundaries of the
wind farm but hasn’t received any turbines?
· Kate-There is depending
on the overall project layout. Quite often we are able to work in buffer properties
or properties that
protect the project. Sometimes properties are maintained under easement in order
to comply
with regulatory
setbacks, boundary lines or access issues. It is all driven by the size of the
project. We try to keep
buffer properties
to a minimum, because it is creating an encumbrance of the property without
doing anything with
the property.
· Grant- If someone owns
a piece of ground between turbines but does not get a turbine does this guy
get any
payments? Is that
what the conversation was about between you and Don?
· Kate- Basically yes,
that is a possibility. There are a couple of things that are taken into consideration
when we are
actually designing
the layout of the project what you see in the development plan here is simply
a preliminary
guess. There are
some instances that we are not able to utilize the property to actually put
a wind turbine on it. This
did not happen in
Phase I. There are some cases where there is a piece of ground between two turbines,
it might
be a small track
or what not but we want to maintain rights over so we can utilize the wind that
blows over it or
potentially utilize
it to access those two neighboring turbines. We need to find a structure where
we can maintain
the rights we want
to enjoy but then we are offering some consideration to that landowner for some
of the rights that
he is giving up
for the wind project.
· Grant-Once you get
these built and I am sitting here with a piece of ground without a turbine what
kind of payment
can I get and would
I get a payment? Is there a unitize payment in this program?
· Kate- The way the existing
agreement are written there is not, however this fall we will be coming out
and having a
meeting with the
landowners and asking for an extension on the existing agreements (the agreements
signed in 02
are due to expire
at the end of this year) in that extension we will most likely modify in the
terms of the easement to
allow for exactly
that. There maybe pieces of property that we need to keep under agreement for
regulatory
compliance or for
setback issues or for access issues.
· John- This is part
of that buffer you talked about.
· Kate- yes
· Tom- Are there properties
within that field that you have no use for, you are not using for any manner?
· Kate- Not that we have
an existing easement on. There is an option agreement for an easement and the
enXco
has an unilateral right
to exercise the option so that it becomes an easement and the property that
currently still
does not have an
turbine on them are under that option period where we are working on the developing
the project. I
believe there was
one property in Phase I that did not get a turbine on it, but KCP&L made
a deal, and worked with
the landowner and
offer them
some compensation
outside of the easement rights because they were strongly affected by the project.
· Scott-Are there anymore
questions from the board?
· There were no more
questions
· Scott- Asked for staff
recommendations for Case #07-07
· Mark read the following
recommendations
STAFF RECOMMENDATIONS:
Case # 07-07:
enXco Development Corp. /Power Partners Midwest LLC (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 U.S. 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 laws.
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 $70 paid.
The Wind Farm Development shall
follow the amended development plan and applicable parts of the original
development
plan.
Working drawings stamped with
the seal of a licensed engineer shall be delivered to Ford County Administrative
Services with respect to turbines,
supporting equipment and installation. Not later than 45 days after a turbine
is
placed in operation, as built
drawings with respect to such turbines, supporting equipment and installations
stamped
with the seal of an engineer
licensed in the state of Kansas and in good standing with the Kansas State Board
of
Technical Professions shall
be delivered to Ford County Administrative Services. Separate working and as
built
drawings may be required by
Ford County Administrative Services for foundations, structural assemblies,
mechanical and electrical equipment.
The location of each tower
shall be at least an equal distance from all property lines as it is in height,
pursuant to
Ford County Zoning Regulation 19-104 (47a).
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 shall be installed underground as described in the original and amended
development plans. Any above ground installations must be approved in advance
by the BOCC.
A Road maintenance agreement
must be entered between the applicant, Ford County and Spearville Township
prior
to the commencement of any construction. Construction transportation routes
shall be coordinated with the
Spearville Township trustees and Ford County
Administrative Services. All roads must be videotaped or digital
pictures taken
of existing road conditions prior to construction and at the expense of the
applicant. All roads shall be
restored to their original condition or upgraded
by the applicant. Appropriate dust control must be used when
necessary. Permanent
access roads to the turbines shall be as narrow as possible. The applicant shall
be liable for
any damage to county or township roads resulting from tower construction,
deconstruction and or maintenance
activity.
All surveys must be filed electronic digital format: such as dwg, jpeg, shp, etc
The requirements for construction permits and post-construction maintenance
permits shall be:
a. All turbines will be GPS;
b.
A building permit shall be required for each turbine. (The fee is $500.00 per
turbine);
c.
Compliance with Kansas One Call (gas lines, telephone lines, fiber optic lines,
irrigation and underground
pipe
and power lines and electric lines);
d.
All waste streams created, stored and transported must be in compliance with
county, state and federal laws
e. All landscaping must be restored to original condition.
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.
Each turbine shall be assigned a 911 address.
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 agreement
between Ford County and the applicant must be entered prior to commencement
of
any construction.
After the 14-day protest period
has elapsed, this case will be presented to the Ford County BOCC on August 20,
2007 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.
· Scott-Does applicant
wish to clarify any statements or have any statements clarified?
· Katie-No
· Scott-Does the Board
have any questions for the applicant or staff
· There were no more
questions
· Scott-declared Case
#07-07 closed and read the criteria that the acceptance of th