2007meetingminutes

                                     FORD COUNTY ZONING BOARD MINUTES
                                                          January 28th 2008
                                                                       7 p.m.
                                                         Rose Room, Basement
                                                  Ford County Government Center

Members Present: John Mullen, Josie Lix, Tom Stanley, Grant Powers, and Bill Austen

Special Guests: Stephen Joseph, Dodge City Resort and Gaming Company, LLC, along with ten people 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 October 29th, 2007 were approved with motion being made by John and 2nd by Tom. Motion carried.

Hearing Procedures:
Grant read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
Case #08-01: Twyla Harding Trust for a Conditional Use Permit and Development Plan for a Gaming Facility Resort, Special Event center, RV Park and other Proposed Commercial Buildings:
Grant asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed. Grant then asked the Board members if there is any conflict of interest or any
ex Parte contact on this matter. All members said no. Grant asked if the applicant or a representative in the audience was present and would he or she step forward and address the Board.

Stephen Joseph- (President of Dodge City Resort and Gaming Company LLC.)We are wanting to put a Casino and Hotel Complex on the tract of land between 112Rd and 113 Rd, which is a total of 281 acres of land. Phase 1 will be the development of the hotel and casino. Access to the property with be off of Hwy 50 with parking in the front. The space west of the casino is reserved for the Special Event Center. Phase 2 is the development of the Special Event Center. Phase 3 is the development of an RV Park to the east of the main parking area, and a truck parking area. Developed along with and probably through out the entire course of the completion of these projects will be the development of commercial sites. 66 acres have been set aside for this development. An important part of this development is the Western Theme Entertainment Features. We have placed at the top of the property 3 place holders for facilities that when contemplate will be rodeo arenas. The middle one will cost around $15 million and have HVAC (heating venting and air conditioning). This will be a complete indoor facility. The one to the east will be an outdoor facility built at the cost of around $5 million., the one to the west will be an indoor facility with out HVAC and this cost is around $10 million. There is an associated parking for these facilities. The existing facility that is there now. This will be an indoor equestrian facility. We also have a concept for an out door equestrian facility. We have reserved a place in the corner for the 4-H facility, extension facility or any number of other possibly Ag orientated facilities. What we are proposing for this entire area including the Special Event Center; the Western Theme Entertainment Facilities; the 4-H and Extension facility is with a cooperative agreement between the city and county and various other quasi-governmental agencies, so that this would be a tremendous tourist draw. We want this operated in the interest of all people who are involved in this region of the state. If we can’t work that out, we will proceed ahead with market research that we have done and do our own facilities on a purely commercial bases. We are hoping that the city and county and other agencies will be involved with us in this process. The more people involved in the decisions the higher success we will have. That’s the overall picture that we intend to develop.

The Zoning Board responded with questions on problems with existing gas lines, parking regulations, seating capacity of the arena’s, if City of Dodge was going to annex the property and has KDOT been consulted yet about the entrance on
Hwy 50 and the traffic concerns.

Mr. Joseph response was that there is no existing gas lines on the property; the plans they have exceeded the regulations on parking; the seating capacity is not finalized yet but for the middle arena 8,000 or less, the arena’s on both size would be much less than that, the equestrian facility around 2,500 and the special event center around 7,500. Annexation into the city is possible but the talks for that have been put off until we know rather or not we get the contract from the state for the gaming facility and KDOT has not been consulted yet but we will of course do what ever KDOT requires.

Pat Shrader – (Concern Citizen) I have concerns about the entrance to the gaming facility. With 1,000 parking spaces available, how can one entrance off the highway handle the traffic flow? You said later on that you would have entrances from 112 Rd and 113Rd are these entrances close to the highway or are they positioned more on the back side of the property? This is a already heavy traffic flow and I am concerned with the possibility of traffic conjestion.

Stephen Joseph – We have engaged a high way design firm out of Kansas City. It has been suggested that we put in turn bays off the Hwy that could easily handle the traffic without disrupting the flow and without the need of putting in a traffic light.

Larry Thompson – (District Engineer for KDOT) I am here to discuss traffic and certainly Mr. Joseph has proposed a spectacular development. KDOT concern is getting the traffic flow. I really see this as three intersections because 112 and 113 would have to be developed as part as the access points as well as the one off of Hwy 50. I was curious as to what point the planning commission will be considering these kind of issues, and to let you know KDOT is ready to have that conversation when you are.

Grant asked for staff recommendation for Case #08-01 Mark read the following recommendations

STAFF RECOMMENDATIONS:
Case #08-01: Twyla Harding Trust and Dodge City Resort and Gaming, Inc have petitioned for a Conditional Use Permit and Development Plan for the purpose of a Gaming Facility Resort, Special Event Center, RV Park, and other proposed buildings.
Address: 10888 112 Road
Location Description: South 1/2 of Section 18, Township 26 south, Range 24 west of the 6th Principal Meridian in Ford County, Kansas, (281 Acres)
Township: Grandview
Flood Plain: Zone C
Zoning: Currently AG (Agriculture), agriculture use:
Zoning New: AG (Agriculture) zoning, land use is commercial.

COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE:
The surrounding area is zoned AG (Agricultural) to the east, north and south. To the west is rural businesses (Kliesen Subdivision) and rural residential. From the southwest corner from this parcel of land is Summerlon Subdivision, Surgery Center of Dodge City, and Social Security Administration all within the city limits of Dodge City. Highway 50 runs on the south side of the parcel, 112 road (Ave P) runs on the west boundary and 113 road runs on the east boundary.

RECOMMENDATIONS:
Follow development plan and area will have to be platted. Future use of the land may
require county zoning, unless annexation into Dodge City. Developer should follow
building codes.

Traffic Study as required by Ford County Zoning Regulations Article 26-106 and KDOT Kansas Department of Transportation will require traffic studies and will have to approve entrance(s) from Highway 50

Public water and wastewater systems will have to be approve by Kansas Department of Health and Environment (KDHE) or connect to Dodge City Public Utilities

All development improvements (roads, public utilities, buildings, signs, etc) will be at owner and/or developer expense.

After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on February 19, 2008 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.

Grant declared the Case #08-01 closed. Bill made the motion to accept and John 2nd it. A written ballet was done and Mark read the ballets; 4 in favor and 0 opposed. Grant announced that the Case #08-01 has passed and would continue To the Ford County Commissioners on February 19, 2008.

Old Business:
Updating Ford County Subdivision Regulations, Zoning Regulations, and Flood Mitigation Plan.

New Business:
Welcomed new member Bill Austen to the Ford County Zoning Board.

Notices & Communications:
None

Reports:
Land Application-No Action
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 meeting adjourned at 8:00 PM.

______________________________ _______________________
Grant Powers, Chairman Mark Shriwise, Secretary

                                     FORD COUNTY ZONING BOARD MINUTES
                                                          February 25, 2008
                                                                       7 p.m.
                                                         Rose Room, Basement
                                                  Ford County Government Center

Members Present: John Mullen, Josie Lix, Tom Stanley, Grant Powers, and Bill Austen

Approval of Meeting Minutes:
Previous meeting minutes from the January 28th, 2008 were approved with motion being made by Tom and 2nd by Bill. Motion carried.

Hearing Procedures:
Grant read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
Case #08-02:Updating Victory Electric Development Plan.
Grant asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed. Grant then asked the Board members if there is any conflict of interest or any ex Parte contact on this matter. All members said no.
Grant asked if the applicant or a representative in the audience was present and would he or she step forward and address the Board.

Tom Lowery- (Representing Victory Electric) Presented the board with a letter from Michael Clark, Project Manager. Tom did not have a presentation but was present for any questions that the board might have from the plans that was sent in their zoning packets.

The Zoning Board responded with questions about how much further the expansion would go out, the size of property that was owned by Victory Electric and had Victory Electric talked with the church to the South of the property.

Grant asked for staff recommendation for Case #08-02
Mark read the following recommendations

STAFF RECOMMENDATIONS:
Case #08-02: Victory Electric Cooperative Assn. has petitioned to update their Conditional Use Permit and Development Plan for the purpose of a expanding their warehouse and office space. Property description is the Tract of land in Section (14) Township (26south) Range (25 west) of the 6th Principal Meridian in Ford County, Kansas. 911 addresses is 3230 N. 14th Ave, Dodge City, Ks. 67801.
Address: 3230 N. 14th, Dodge City, Ks 67801
Location Description: Lot 1, Block 1; Whispering Hills Subdivision, NW 1/4 Sec 14- T 26S-R25W
Township: Dodge
Flood Plain: Zone C
Zoning: Currently SR; commercial use:
Zoning New: SR zoning, land use is commercial.

COMPREHENSIVE PLAN COMPATABILITY:
This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE:
The surrounding area is zoned AG (Agriculture) to the east, north and south with the exception of the First Southern Baptist Church is directly to the south. To the west are rural businesses (Catholic Church and Church of the Nazarene). Ross Blvd runs on the south side of the parcel, 114 road runs on the west boundary.

RECOMMENDATIONS:
Follow development plan. Developer should follow building codes.

Public water and wastewater systems will have to be approved by Dodge City Public
Utilities. The force main sewer and the new north parking lot will have to be installed

All development improvements (roads, public utilities, buildings, signs, etc) will be at
owner and/or developer’s expense.

After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on March 17, 2008 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.

Grant declared the Case #08-02 closed. Bill made the motion to accept and John 2nd it. A written ballet was done and Mark read the ballets; 4 in favor and 0 opposed. Grant announced that the Case #08-02 has passed and would continue To the Ford County Commissioners on March 17, 2008.

Old Business:
Updating Ford County Subdivision Regulations, Zoning Regulations, and Flood Mitigation Plan.

New 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 meeting adjourned at 7:30 PM.

______________________________ _______________________
Grant Powers, Chairman Mark Shriwise, Secretary

                                     FORD COUNTY ZONING BOARD MINUTES
                                                         March 24th, 2008
                                                                       7 p.m.
                                                         Rose Room, Basement
                                                  Ford County Government Center

Special Guests: Joe Finley (City of Dodge City) & Joe Bogner (Land Developer)

Approval of Meeting Minutes:
Previous meeting minutes from the February 25th , 2008 were approved with motion being made by Bill and 2nd by John. Motion carried.

Hearing Procedures:
Grant read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
Case #08-03:City of Dodge City – Conditional Use Permit and Development Plan for the purpose of a proposed structure which will house a water supply well #21
Grant asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed.
Grant then asked the Board members if there is any conflict of interest or any ex Parte contact on this matter. All members said no. Grant asked if the applicant or a representative in the audience was present and would he or she step forward and address the Board.

Joe Finley-(Representing City of Dodge City) The well will be located on the SE corner of what the city referrers to as the Rost property located on 14th street across from Bredfeldt Oil. This is a typical well house used by the city. We are requesting a waver on landscaping to keep
vandalism down. This is developing the water rights that were purchased at the time the race track was purchased.

Grant asked for staff recommendations for Case #08-03
Mark read the following recommendations.

STAFF RECOMMENDATIONS:
Case #08-03: City of Dodge City has petitioned for a Conditional Use Permit and Development Plan for the purpose of proposed structures which will house a potable water supply well and associated buildings for Well No. 21.Property description is in the SE Quarter of Section (3), Township (27) South, Range (25) West of the 6th Principal Meridian in Ford County, Kansas.
Location Description: SE 1/4 Sec 03- T 27S-R25W
Address: No 911 Address
Township: Richland
Flood Plain: Zone C
Zoning: Currently Ag; Agriculture use

COMPREHENSIVE PLAN COMPATABILITY
This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE
The surrounding property use is mostly agriculture to the west, south and north. To the east is commercial development: gas station, salvage yard, previous chicken farm and previous sand pits.

RECOMMENDATIONS:
Follow development plan.

If passed, after a 14 days protest period has elapsed this case will be presented to the Ford County Commissioners on April 21, 2008 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 of the Zoning Board please contact me at 227-4739.

Grant asked if there were any more questions? He declared that Case #08-03 was closed. John made the motion to accept and Bill 2nd it. A written ballet was done and Mark read the ballets; 3 in favor and 0 opposed. Grant announced that the Case #08-03 had passed and would continue to the Ford County Commissioners on April 21, 2008.

Public Hearing:
Case #08-04:City of Dodge City – Conditional Use Permit and Development Plan for the purpose of a proposed structure which will house a water supply well #29

Grant repeated the Hearing Procedures questions and Mark acknowledged that everything was done.

Joe Finley-(Representing City of Dodge City) The well will be located on the NE corner of the Rost property. We again are requesting a waver on the landscaping so that the view won’t be blocked which keeps vandalism down. This is a replacement well

Grant asked for staff recommendations for Case #08-04.
Mark read the following recommendations.

STAFF RECOMMENDATIONS:
Case #08-04: City of Dodge City has petitioned for a Conditional Use Permit and Development Plan for the purpose of proposed structures which will house a potable water supply well and associated buildings for Well No. 29. Property description is in the SE Quarter of Section (3), Township (27) South, Range (25) West of the 6th Principal Meridian in Ford County, Kansas.
Location Description: SE 1/4 Sec 03- T 27S-R25W
Address: No 911 Address
Township: Richland
Flood Plain: Zone C
Zoning: Currently Ag; Agriculture use

COMPREHENSIVE PLAN COMPATABILITY
This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE
The surrounding property use is mostly agriculture to the west and south. To the east is
commercial development: gas station, salvage yard, previous chicken farm and previous sand
pits. To the north is a residential development and city limit of Dodge City.

If passed, after a 14 days protest period has elapsed this case will be presented to the Ford County Commissioners on April 21, 2008 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 of the Zoning Board please contact me at 227-4739.

Grant asked if there were any more questions? He declared that Case #08-04 was closed. John made the motion to accept and Bill 2nd it. A written ballet was done and Mark read the ballets; 3 in favor and 0 opposed. Grant announced that the Case #08-04 had passed and would continue to the Ford County Commissioners on April 21, 2008.

Public Hearing:
Case #08-05:City of Dodge City – Conditional Use Permit and Development Plan for the purpose of a proposed structure which will house a water supply well #19

Grant repeated the Hearing Procedures questions and Mark acknowledged that everything was but that he had posted a sign but it was stolen.

Joe Finley-(Representing City of Dodge City) This an existing water right we have owned since 1996. The water line for National Beef runs right next to the property and makes it relatively cheaper to develop this well instead of one that would need a new line. This property is called the Murfins property. It is by 112 Rd and the Bypass on the SW corner. We are requesting a waver for the landscaping for this so that a clear view can be kept to keep vandalism down.

Grant asked for staff recommendations for Case #08-05.
Mark read the following recommendations

STAFF RECOMMENDATIONS:
Case #08-05: City of Dodge City has petitioned for a Conditional Use Permit and Development Plan for the purpose of proposed structures which will house a potable water supply well and associated buildings for Well No. 19. Property description is in the NE Quarter of Section (12), Township (27) South, Range (25) West of the 6th Principal Meridian in Ford County, Kansas.
Location Description: NE 1/4 Sec 12- T 27S-R25W
911 Addresses: No current Address
Township: Richland
Flood Plain: Zone C
Zoning: Currently Ag; Agriculture use

COMPREHENSIVE PLAN COMPATABILITY
This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE
The surrounding property use is mostly agriculture to the west, north, south and east.

RECOMMENDATIONS:
Follow development plan.

Grant asked if there were any more questions? He declared that Case #08-05 was closed. John made the motion to accept and Tom 2nd it. A written ballet was done and Mark read the ballets; 3 in favor and 0 opposed. Grant announced that the Case #08-05 had passed and would continue to the Ford County Commissioners on April 21, 2008.

Public Hearing:
Case #08-06:David Field-Conditional Use Permit and Development Plan for the purpose splitting Lot 7 in the Kliesen Subdivision #2 into two properties.

Grant asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed.
Grant then asked the Board members if there is any conflict of interest or any ex Parte contact on this matter. All members said no. Grant asked if the applicant or a representative in the audience was present and would he or she step forward and address the Board.

David Field-(Land Seller) I own the lot just east of the building I use to own, where Wes Kan Siding and Windows is located. We didn’t need the whole lot but I purchased it in order to protect the building and I wanted to allow a little more room for vehicles and trucks and trailers to backup to the overhead doors. We are sub-dividing the lot. The west section will go to lot 6 to allow for that building and the rest I am selling to Joe Bogner. Joe is going to use the land for a personnel storage shed and garage.

The Zoning Board questioned the size of the lot being able to have a well and a septic tank on it. Mark explained about this land being platted before 1993 and according to our regulations that makes them exempt from or size requirements.

Grant asked for staff recommendations for Case #08-06.
Mark read the following recommendations

STAFF RECOMMENDATIONS:
Case #08-06: Dave Field has petitioned for a Conditional Use Permit and Development Plan for the purpose splitting Lot 7 Block 1 Kliesen Subdivision No. 2 into two properties. One property would hold storage shed and the other property would be used for easy access for neighboring property owner. Property description is Lot (7) Block (1), Kliesen Subdivision No. 2. In Section (13), Township (26) South, Range (25) West of the 6th Principal Meridian in Ford County, Kansas.
Location Description: SE 1/4 Sec 13- T 26S-R25W
911 Addresses: No current Address
Township: Dodge
Flood Plain: Zone C
Zoning: Currently V-1; Residential use New Zoning: West Lot: CU and East lot: SR and special exemption for Ford County Environmental Code (2-5.8, b-land area site)

COMPREHENSIVE PLAN COMPATABILITY
This application is maybe compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE
The surrounding property use is mostly agriculture to the north. To the south is Summerlon Subdivision which is mostly undeveloped. To the east and west is commercial development with the exception of 5 lots to the east are currently zoned V-1 residential.

RECOMMENDATIONS:
Follow development plan and if approved the lots will be sold to proposed buyers.

The floor drain proposed on the east lot may be connected to the septic system by installing a two compartment mud trap in front of septic tank. Care must shall be noted to use biodegradable soaps and cleaners, and to limit the flushing of petroleum (VOC'S) compounds and hazardous chemicals into the ground.

As a result of the new lot split, the West lot may be joined with lot 6, Block 1, Kliesen Subdivision #2.

Further development of Lot 7 will require public utilities and replatting the lot.

One and only one new water well and septic system on the entire lot 7, unless approved and authorized by another special exception.

Grant asked if there were any more questions? He declared that Case #08-06 was closed. Bill made the motion to accept and Tom 2nd it. A written ballet was done and Mark read the ballets; 3 in favor and 0 opposed. Grant announced that the Case #08-06 had passed and would continue to the Ford County Commissioners on April 21, 2008.

Old Business:
Updating the subdivision regulations have been put on hold for now. Mark is filling out the paper work to get the flood mitigation underway.

New Business:
2008-2009 Ford County Zoning Board was handed out and at this moment no-one had a conflict. John Mullen and Grant Powers both have asked to remain on the board. Their terms expire in June. Their names will go before the Ford County Commission asking for their approval.

Notices & Communications:
None

______________________________ _________________________
Grant Powers, Chairman Mark Shriwise, Secretary

                                     FORD COUNTY ZONING BOARD MINUTES
                                                          September 22, 2008
                                                                       7 p.m.
                                                         Rose Room, Basement
                                                  Ford County Government Center

Special Guests: Mark Lawlor(Horizon Wind Energy) along with 11 people in the audience

Approval of Meeting Minutes:
Previous meeting minutes from the March 24 , 2008 were approved with motion being made by Tom and 2nd by Bill. Motion carried.

Grant Powers removed himself from the board before the Public Hearing began due to conflict of interest.

Hearing Procedures:
John read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
Case #08-07:Western Trail Wind Project I, LLC c/o Horizon Wind Energy, LLC Conditional Use Permit and Development Plan for the purpose of establishing a wind farm located within the general boundaries described as north of Zane road; east of 118 Road, south of Whirlwind Road and West of 126 Road in Ford County, Kansas.

John asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed except the posting of signs due to size of the project. John then asked the Board members if there is any conflict of interest or any ex Parte contact on this matter. All members said no. John asked if the applicant or a representative in the audience was present and would he or she step forward and address the Board.

Mark Lawlor-(Representing Horizon Wind Energy) Mark had a presentation on the overhead projector. The presentation showed that Horizon is #3 developer for wind energy in the United States and #4 in the World. The projects strengths are Wind Resource, Strong Community support, Interconnection, Horizon Experience, and the Economic development to the area. The earliest date on the commencement of the project is 2009-2010. It all comes down to the
availability of transmission lines.

There are four specific requests that Horizon is hoping to achieve.
1) The approval of the Conditional Use application.
2) The ability to transfer the Conditional Use to another entity.
3) The right to remove or add land to the Conditional Use (acknowledging that if land is added they will need to go before the Ford Co. Zoning Board for the conditional use to be assigned to the land)
4) Requested that we cut building permit to $250.00 from the fees of $500.00 per turbine.

The board asked the following questions.
Why on the map were there several areas that showed a turbine could not be place in that location?
Is it possible for the local community to benefit by the electricity generated along with the economic benefits of the extra jobs?
How many jobs will be generated from this business?
How is the expense from the decommission of the turbines handle?
Is there a program the can be taught at DCCC to fulfill the needs and requirements of the jobs that will be available?

Gilbert Ellis from the audience asked about mineral rights on the land that the company is leasing and if they will work with the oil company that is prospecting in the local area.

Mark Lawlor responded with the following answers:
The topography of the land is why some area are not suitable for wind turbines.
It should benefit the local community but that is up to the local power companies and where they purchase their power from.
The average is 10 to 12 jobs per 100 mgw produced. This computes to 50 full time positions, not counting the contract workers that will be coming in building the turbines.
Horizon has documented that the scrapping of the turbines themselves will pay alone for the decommissioning.. Some local governments request a separate fund be set aside for the decommissioning. Either of these programs will accomplish what needs to be done.
Cloud Community College has a program you could check out called Wind Smith that is specializes in the training and labor skills that is needed for the turbines.
The leases that Horizon signs has no mineral rights. Horizon is dedicated to working with any and oil leases. The general rule is that the rig be outside of a 500’ radios of the turbines.

STAFF RECOMMENDATIONS: Case # 08-07
Western Trail Wind Project I, LLC c/o Horizon Wind Energy, LLC, 808 Travis Street, Suite 700, Houston, Texas 77002 (Western Trail Wind Project). Approximately over 40,000 acres have been leased.

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 Western Trail Wind Project is located within the general boundaries described as north of Zane Road, east of 118 Road, south of Whirlwind Road and west of 136 Road in Ford County, Kansas. The City of Bucklin and the unincorporated city of Kingsdown are
within the proposed area. County Townships included are: Bloom, Bucklin, Ford and Sodville.

STAFF RECOMMENDATIONS
There shall be strict conformance to all performance standards set forth in the Ford County Zoning Regulations, Ford County Environmental Code, Ford County Comprehensive Plan and Ford County Board of County Commissioners, 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 evelopment 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 peration, 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). The 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 Ford County BOCC.

A Road maintenance agreement must be entered between the applicant, Ford County BOCC and Bloom, Bucklin, Ford, and Sodville Townships prior to the commencement of any construction. Construction transportation routes shall be coordinated with the Bloom Bucklin, Ford and Sodville 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;

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.

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 the lightning shall be within conformance with US DOT- FAA requirements.

A decommissioning agreement between Ford County BOCC 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 October 20, 2008 or a later date, along with the recommendations of the Zoning Board. This will be a report only, not a public hearing.

John closed the case for 08-07 and asked for a motion. Tom made a motion that asked for approval of the Conditional Use application, with the ability to transfer the Conditional Use to another entity and the right to remove land from the Conditional Use, but out of respect for the county staff and the BOCC that the recommended fee of $500.00 per turbine remain the same. Bill 2nd the motion, motion passed.

John requested a written ballot be taken for public notice purposes. Mark read the votes (3) in favor (0) opposed. John declared that case 08-07 passed and would go to BOCC on October 20, 2008.

Old Business:
Updating Ford County Subdivision Regulations, Zoning Regulations, and Flood Mitigation Plan Mark informed the board on the flood mitigation grant that the county had obtained and hired a consultant out of Lawrence EMFM They are doing a full Hazard analysis, besides the mitigation plan. The grant is 75% federal and 25% state paid.

Subdivision/Zoning Reg.
The Joint Planning Commission is working on updating our comprehensive plan. The City has hired Architectural Denver to update their plan at a cost of $150,000. Ford County/Dodge City Economic Development hired the same company to update the Ford County Strategic Plan. Ford County requested a quote from Architectural Denver to update our comprehensive plan and it came back at $126,000. I requested that the BOCC not approve this bid and I have requested bids from other companies.

New Business:
Election of officers
John made motion for Grant to remain the chairman and Bill 2nd, motion passed. Tom made motion for John to remain as vice-chairperson Bill 2nd motion passed.

Subdivision officer
Tom made motion for Josie and Grant to remain on that board. John 2nd it. Motion carried.

Notices & Communications:
None

Adjournment:
With no further business to be conducted before the board meeting was adjourned at 8:15 PM
___________________ _______________________
Grant Powers, Chairman Mark Shriwise, Secretary

Ford County Government Center

Members Present: John Mullen, Bill Austen, Grant Powers, and Josie Lix

Member Absent: Tom Stanley (Excused)

Special Guests: Jamey Langston (Superior Pipeline Company), Phil Derstein (Land Owner), along with 5 people in the audience.

Approval of Meeting Minutes:

      Previous meeting minutes from October 27th, 2008 were approved with motion being made by John and 2nd by Bill. Motion carried.

Hearing Procedures:
      Grant read the Ford County Zoning Board Hearing Procedures.

Public Hearing:

Case #08-09: Superior Pipeline Company has petitioned for a conditional Use
Permit and Development Plan for the purpose of establishing a processing facility for
raw natural gas.

Grant asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all procedures were followed and if he would read the staff recommendations.

STAFF RECOMMENDATIONS:
      Case # 08-09, Derstein Land LLC & Superior Pipeline Company applied for conditional use
      permit and development plan for the purpose of establishing a natural gas processing facility.
      This property is located on west side of 126 Rd between Upland Road and Valley Road in
      Ford County, Kansas.
      Address: No 911 address, will issued after approval
      Location Description: NE, NE, NE ¼ SEC (17) TWP (28) south RNG (22) west of the 6th
      Principal Meridian in Ford County, Kansas (5 acre tract:: 466.69 ft by 466.69 ft square and
      Southern Star Pipeline tie in site of (0.23 acre tract-100 ft by 100 ft square)
      Township: Ford
      Flood Plain: Zone C

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. The City of Ford is approximately one
mile north of the proposed site.

STAFF RECOMMENDATIONS
       There shall be strict conformance to all performance standards set forth in the Ford County
       Zoning Regulations, Ford County Environmental Code, Ford County Comprehensive Plan and
       Ford County Board of County Commissioners, 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.

        Working drawings (2 or More) stamped with the seal of a licensed engineer shall be delivered
         to Ford County Planning, Zoning and Environmental Health Office.

        All surveys must be filed electronic digital format: such as dwg, jpeg, shp, etc

        Compliance with Kansas One Call (gas lines, telephone lines, fiber optic lines, irrigation and
        underground pipe, and power lines and electric lines);

        All waste streams created, stored and transported must be in compliance with county, state
        and federal laws at developer expense.

        NPDES Permit may have to be obtaining before construction from Kansas Department of
        Health and Environment (Website).

        All landscaping must be restored to original condition.

        Future plant expansion within the proposed site is permitted.

        After the 14-day protest period has elapsed, this case will be presented to the Ford County
        BOCC on January 19, 2009 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.

      Grant then asked the Board members if there is any conflict of interest or any ex Parte
      contact on this matter. All members said no. Grant asked if the applicant or a representative in
      the audience was present and would he or she step forward and address the Board.

      Jamey Langston (Superior Pipeline Company)- The company is wanting to start with four
      wells and add wells as projected gets completed. The company is ready to lay pipelines and
      start pumping national gas.

           Mr. Langston acknowledge that the Board had read the development plan that had been
       submitted with this application and was here to answer any questions that the Board might
       have.

       Grant-Are you planning on expanding and do you have a decommissioning plan.

       Jamey Langston-Yes we would like to expand but this is built to stand alone. This is a private
      system but not a closed system . Yes a decommissioning plan is in effect.

      Grant Closed the meeting, and requested a motion

       Bill moved to accept and John 2nd the motion. Motion carried. The written vote was 3
       for and 0 against.

Old Business:
Ford County comprehensive Plan-Proposals-Mark discussed the information about the 3
     proposals that the county had received from 85,000 to 155,000.
     Hazard Mitigation Plan-Update- Mark informed the board that the plan is 40 percent done.
     Floodplain Map-Update – In three or four months we should have the final determination on the
     flood plan maps.

New Business:
    None

Notices & Communications:
    None

Reports:
    None

Adjournment:
   With no further business to be conducted before the board; meeting was adjourned at 7:50 PM
______________________________                                       _______________________
Grant Powers, Chairman                                                           Mark Shriwise, Secretary