LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING June 11, 2003

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1 Meeting called to order at 6:30 LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING June 11, 2003 Members present: Sam Maxwell-Chair, Louis Box, Steven Rosenthal, Mark Denney, John Matthews. Members absent: Ron Ewert Jr., Bennie Phillips Mary Luse gave written notification of resignation effective June 1, Staff present: John Zoellner-Planning & Zoning Administrator, Linda Bohnsack-Planner II, Tom Olson-Planner, Dave Lutgen-Deputy Director of Public Works, Judith Day-Secretary, Cameron Howell-County Surveyor Minutes: Commissioner Box moved to approve the minutes of the May 14, 2003 Seconded by Commissioner Denney Approved 5-0 Item No. 1: Mr. Cox built the trail for use by his nephew and his friends to practice with their motocross bikes. The family also uses the track for go-carts and 4-wheelers. As word of the track has spread, several other motocross bike riders/racers in the area have requested permission to use the track for practice. Recently a collection box was set up to help offset repairs and maintenance of the track. Mr. Cox states that the maximum number using the track has been 10 bikes with only 3-4 actually riding the track at the same time. All bikers use packing in their exhaust. This dampens the noise and reduces sparks. They also use smokeless oil to reduce smoky emissions. Although there is sufficient space for parking, no designated space is prepared for that use. The applicants do not carry additional insurance for the use. The track site is fenced and contains a farm gate, but the gate was open when we visited. There were no Keep Out or No Trespassing signs. No evidence of a fee collection box or fees being charged for use of the track was found. Opening the site to non-family members has increased the usage of the site and incurred a complaint against the use. This type of use creates numerous nuisances and hazards that are difficult to mitigate on such a small site. There is very little space to create a solid berm around the perimeter to reduce noise and hold in emissions. Trees and shrubbery could be used to screen the view of the site and contain some of the dust kicked up by the riders. The hours proposed by the applicant are minimal: Thursday and Friday afternoons from 2-5 PM and Saturday and Sunday from 10 AM to 5 PM. Used by family members only, this use should be no more disruptive than mowing, cutting down trees, or normal farming activities. Although the length of the noise would be greater than some of these uses.: The Applicant s property is basically flat, but the surrounding area is rolling hills to hilly. According to the aerial map, some areas have been cleared for agricultural purposes, but most remain heavily wooded and used basically for residences. Site is not located in a floodplain and no large drainage areas are on the site. Zoning in the area is R-5.0 and surrounding uses are mostly residential with some agricultural uses. A definite negative affect is anticipated if this use is allowed to get out of hand. The site is composed of two parcels approximately 10 acres each. The applicants live on the north parcel and the track is on the south parcel. A driveway to a landlocked property on the west separates the parcels. No economic benefit to the county can be derived from this use unless it is opened to the public on a fee basis. In contrast the public health, safety and welfare could be at risk by allowing numerous and/or unsupervised individuals the use of the property. No additional utility concerns are connected with this use. County Health Department has no objections to this use. Except for the normal Emergency Plan, which should include a fire extinguisher kept on site when it is in use, there is no objection to this use as long as it remains a small, family-type use. Conservation District: Reports that soils on the site have moderately slow permeability. They recommend erosion and sediment control measures to try and contain soils on the site. 219 th Street is gravel and access to the site is from Parallel Road on the south or Dempsey Road on the north. The Transportation Plan designates it as a County collector street. It is not scheduled for improvement under the road improvement guide for the 3-Mill Tax Plan covering the years 2001 through STAFF RECOMMENDATION: Staff feels a recommendation of approval for a family practice track should be made only with the following conditions: 1. Use of the site limited to (family only, family and invited friends not to exceed users and any given time. 2. Length of permit limited to years. 3. Hours of operation: Thursday & Friday 2-5 PM, Saturday & Sunday 10 AM to 5 PM. 4. Prepare and file an Emergency Plan to include a fire extinguisher kept on-site and emergency contacts. 5. Obtain and maintain insurance coverage for all users of the site. 1

2 6. Continue use of packing in exhaust and smokeless oil 7. Keep the fence in good repair and keep the gate closed and locked when site not in use. 8. Post No Trespassing signs around the perimeter of the track; 9. Implement a sediment control plan to protect water quality in the area; 10. Compliance with all applicable local, State and Federal rules and regulations. If the Commissioners wish to consider a permit for a larger or more commercial venture on this site, these additional conditions should be considered: 11. Provide a graveled parking lot for a minimum vehicles; 12. No on-site maintenance of equipment or vehicles; 13. Provide for running water and waste disposal for participants; 14. Assessment of a Traffic Impact Fee; Traffic/parking; location/access; archaeological/historic significance; topography/drainage; wildlife presence; design compatibility with surrounding area; ecological/vegetation analysis; flood hazards; soil survey; sewage disposal; market/economic analysis; water supply; police/fire/ems protection; air/noise pollution; demographic study; tax base implications Does the Applicant wish to speak Alvin Cox I live right next to the site. I do own the property. The practice track has been there since late As far as neighbors, I have talked to them; most of the neighbor s kids come there to play. There are a few older guys that race around and practice but it is mainly for the kids. There has been one accident that I know of and it was the person the track was built for, that is my nephew. I did have cows there but as I got rid of the cows we started building the track. When I got the complaint in the mail that said I needed to talk with the zoning commission about someone that complained. The person that complained said there was about 15 to 30 bikes over there. At the most, maybe one time there was 15 bikes. We don t have more than four or five at a time on the track. We might have had about ten of them at one time racing around but that only happened once. We do not do it every day. Since I got this letter in the mail I put a piece of paper at the track saying it was closed and if you would like to keep in contact to sign it. I had about six people on the paper that would like to be informed about the track and if they will be able to use it later. After I paid for the permit fee, I was told I could let them ride. We have a release form that says, you ride at your own risk and you are engaging in a dangerous sport. It is like the form my nephew signs when he does his circuit racing. Sometimes there are one, two or three a weekend and then there might be four or five. They are not there everyday and in bunches every weekend. This time of the year they will not come out much because they are racing somewhere. They might come out and practice a few hours on a Saturday. They do it mainly in the early spring or late fall. Commissioner Maxwell Do they do this at nighttime too? Applicant No. There has never been anyone there after dark unless it is has been me on my four-wheeler. (ATV s) No one has really brought a go-cart, just mainly the dirt bikes. Commissioner Maxwell How do you control the noise? You also have down that you use smokeless oil. Applicant The guys that come out have to have the smokeless oil for the races they run. It is one of the conditions of the races. If there is about three of them riding they might be able to be heard. We were at the east end of the property and they were at the west end, we could not hear them. Usually the wind is out of the south and my house catches most of that. There are some trees around the property also. Commissioner Maxwell So they don t always come see you when they ride? Applicant No not always. Commissioner Matthews I did not know that one oil would make more smoke than the other. What is the difference? Applicant There are certain oils for these bikes. Commissioner Maxwell How do you take care of the erosion? Applicant One spot should have been but is not, should have been a pond. Everything pretty well washes to it. Most of it is grass except for the jumps and the spot they have been taking the dirt from to make the jumps. Commissioner Box - John, is it legal for the release form? John Zoellner They should have some kind of liability policy. Just because somebody signs something doesn t necessarily absolve the person from liability. 2

3 Applicant I called my insurance agent and he said my home owners would cover that, then and if they sign any kind of release that they say it waives any liability toward me and he is off the hook. Commissioner Box How many people do you think would be riding at one time and would it be friends and family or family only? Applicant Pretty much friends and family. They don t always call me and say they are going to ride, they just kind of show up on a Saturday or Friday. At the most there have been fifteen bikes but there is only about four or five on the tract. Usually there is only two or three people at a time. Commissioner Denney Do you charge? Applicant The brother-in-law has put a lot of money in it, paying people to pile up the dirt so the kids could ride. We did put out a little thing for a track maintenance deal and we were going to try to get some of that money back, but we stopped that when this problem started. If they didn t have a track maintenance fee I didn t tell them they couldn t ride. Mostly its kids and their dads are the one paying six, seven bucks, whatever. Testimony in Favor of this proposal -. Gary Moore Kansas City, Mo. I am sorry my boy could not be here, he wanted to. He had to go to Washington for a race. He is trying to qualify for a world event that happens at Loretta Lynn s place every year. He is an honor role student, he is in State band and he is really a good boy. My son has benefited from being able to practice on this track for a couple of hours a week. It has been good for us also. Mary Ann Kelly 219 th This is basically family most of the time. They have little picnics and all. The neighbor hood has been community minded with him. My son helps move dirt and the neighbors help so it is not all just income. He has a Halloween outfit setup. The community has been involved. The dust is no worse than I see come off of our county road. I have been there over 20 years and have found Alvin to be a good neighbor. There is one time someone had a noise muffler and when I asked Alvin about it, he told them they had to shut down. I have run people off of there because they are not supposed to be there. There is a sign on a telephone pole that says private property. I am for this. Charlie Borsale-Kansas City, Ks Alvin is my brother-in-law. I did ask him if we could build this track. The people that go there is mainly my invite. I call them a week ahead of time and ask if they would like to picnic and have a good time. Christie Wiser Basehor I have a 16 year old that is into circuit racing and he goes out there to practice. My little one has a bike but we have not got him racing yet. We have taken him out there a few times. Travis Wiser Usually I have two buddies that ride with me. We ride for a few hours but take breaks in between. Todd Lux 219 th I am the first house north of Alvin. I have never been over there but I do not think they are hurting a thing. I do not get any dust and it is about as loud as someone mowing grass. Greg Scheilz 219 th I live west of Alvin. I helped build the track, the kids need a place to ride. I can hear it back at the house but they need someplace to go. There is just a few people and it doesn t bother us. Ozzie Borsale Kansas City, Ks When we go out there we don t do much but practice. We practice maybe every two Sundays. I have 30 minutes at a time on the track. Testimony in Opposition of this proposal Barbara Easter 219 th My property is approximately 300 feet south of the property where they have this track. The noise there is continuous, they start sometimes at 8:30 in the morning on a Sunday and they will go until 7:00 at night. There is more than just a few bikes there. Sometimes there is probably 30 cars and trucks up there. Vehicles passing my house with bikes in back and also pulling trailers. We have also had a box trailer truck with Suzuki Olathe on the side of it bringing bikes up there. There has been more than fifteen bikes going at one time. This goes all day long, this continuous noise of these bikes go on weekend after weekend. My real estate tax was raised 38,000 this year. I do not believe anyone would want to buy my home with that next door to them. I know some of the people that go up there are not family. When these people come from Olathe to ride it is not just family. Commissioner Maxwell The biggest problem you have is the noise? Mrs. Easter The noise, these vehicles travel past my house on that gravel road. They talk about dust up there at the field. Those people on the county road make a lot of dust. I live in an earth berm home and with the windows shut and the 3

4 TV. on I can still hear them. The day he said he just had a few friends out, I counted twelve bikes. I did call the police at 4:00 that day and ask him if he got the note from the county. Mr. Cox told him he did get it but he was not running a business up there, he was having a barbeque and he could do what ever he wanted on his own property. The officer came back and told me that is what he said. The noise continued until after 7:00p.m. Commissioner Box How long have you lived out there? Mrs. Easter I have lived out there for 23 years. My home is a value to me. I did not move there for city noises. Tammie Miller 219 th I am the south neighbor of Mr. Cox. I am not in opposition, I just have some questions that I would like answered. How long would the permit be good for? Commissioner Maxwell SUP s usually run about five years. Ms. Miller If he decides to sell the property will the SUP transfer? John Zoellner The SUP goes with the property. Ms. Miller Will there ever be any bright lights. Commissioner Maxwell No, if he puts in lights or extends the hours of the special use conditions we give him the special use will be revoked. Ms. Miller As far as his family riding I think this is great. My concern is that it will get bigger. I do not mind small. Linda Bohnsack If we do make some recommendations I think they should be required to post them on the site. Like the maximum number of riders at one time, the hours need to be posted so the people that do come to the site are aware of the conditions. Commissioner Maxwell Would you come back up sir. (applicant) It seems like the biggest problem we have is the noise. Is there something you put on these bikes to dampen the noise even more? Applicant The motor cycles are equipped with silent systems on them. Commissioner Maxwell Then explain to me why she is hearing noise when her windows are shut and the TV is on. Applicant If you take the silencer off and fill it with more packing it could silence them more. Commissioner Maxwell You are bothering the neighbors so we need to be able to do something. Applicant Maybe the officer did tell her that I told him it was my property and I would do what I like. If that was the case I would never have paid dollars for this special use. He told me this sounded like a domestic dispute, if you tell me to go fly a kite I have to ask you where the string is because I do not have grounds to tell you anything. I told him when I gave the money I was told I did not have to cease and that I could have riders until I got a final yea or nay. My wife gives me more of a fit than my neighbor if there are a lot of bikes. In the past someone might come out in the evening for an hour or two but not until dark. There was one time, and the people haven t been back, I am not sure who they were. A friend of a friend, and they came up to ride and they stayed until dark. I did not chase them off but that was there first time out. When it got dark they left and they did not come back. The few that do come out and practice is not more than fifteen bikes at one time. Commissioner Maxwell If we are going to allow this to stay we are going to put some regulations and rules on it, so you will have to help me out here. You are saying that no more than fifteen bikes will be there at one time, is that right? Applicant I don t think there has even been fifteen. Commissioner Matthews Do we want to concentrate on the number of bikes or the number of riders? I can see a trailer pulling up with more than one bike. You can hit the fifteen-bike limit fast but that doesn t mean there will be fifteen riders. Dave Lutgen If he is not charging money, why does he need a special use permit? 4

5 John Zoellner Just because he is not charging money, it is not a commercial aspect that has to be a special use permit. Mining isn t necessarily commercial if you do it for yourself. You are still causing problems with the neighbors and that is the bottom line. The issue hee is not the number of riders. The issue is how long they are riding. The noise for two hours a day is not as bad as the noise for ten hours a day. I think that is what the neighbor is complaining about and the reason we do these things is to protect the neighbor s property interest. David Lutgen I could go out every Saturday morning and shoot skeet, I m not coming here for a special use. John Zoellner Dave, this is listed as a special use permit. It is an amusement. Dave Lutgen To have your friends and family ride on your twenty acres. John Zoellner The idea of the regulations are to protect the interest of the neighboring property owners from things that might cause problems. David Lutgen This is why people move to the country. So they can have ground to do these things. John Zoellner - You just heard the woman say why she moved to the country. There are different reasons for moving to the country. When they conflict, that is what we are for, so these people can balance their property rights. You want to say she has no rights. David Lutgen I am saying if you were charging five bucks to come ride all you want then I would say he needed a special use. John Zoellner It would not make a difference because she would still have a problem. The regulations say nothing about charging David Lutgen This is government going way overboard. Telling him what he can do on his property in the country with no charge is wrong. John Zoellner Dave, as a representative of the County and Public Works Department you are way over your job. David Lutgen No, I am speaking as a county residence. John Zoellner Then you need to do it from the audience not from here. David Lutgen As soon as I read this when it was put in my office, I thought it was ridiculous and the more I hear, the more ridiculous it is. John Zoellner You can explain to this lady why it is ridiculous. David Lutgen I said why I think it is ridiculous. If he is not charging anyone and it is family and friends. John Zoellner That is not relevant. Commissioner Maxwell- According to the rules and regulations this has to come before us. Someone has lodged a complaint. David Lutgen Just because someone lodges a complaint does not mean something has to come before you. I call up and call about something and that means it has to come before you? Commissioner Maxwell If it creates a problems. Which this is doing with the noise. David Lutgen So if I complain about the neighbors cows, does he have to come before you? John Zoellner Do you object to the kennel, the guys wants to have lots of dogs? David Lutgen I have to hear about it. Commissioner Matthews Creates a lot of barking maybe. David Lutgen Ask me after I hear him talk. Actually what I read about it, I think he is charging 5

6 Mr. Cox - The Olathe Suzuki trailer came one time. He heard about it through a friend and they came to check it out. They broke in a couple of their racing bikes and then left. Commissioner Box You said no more than five riders would be on the track. Mr. Cox I don t stand out there and count but there are usually about four or five kids chasing each other around and being a little competition for each other. There will be no lights, no plumbing. I have a section on the property mowed where people park. It is about as big as this room and I have never seen a lot of bike trailers. Commissioner Matthews Do you have restroom facilities on site? Mr. Cox No I do not. The woman go over to the house and any fellows that need to do a number two also go over there. Commissioner Box The times we have on are Thursday and Friday from 2:00-5:00, Saturday and Sunday from 12:00-5:00. No one after 5:00 Mr. Cox That is fine Mrs. Easter He is asking for Saturday and Sunday of continuous noise. That is my problem with it now. Mr. Cox There is ten acres of trees between this racing property and her property. Mrs. Easter There is not ten acres of trees Mr. Cox It is 300 foot of their frontage from my fence line to the next fence line before their fence line starts. When I got the complaint thing that is the first person I called and this is more less right in their backdoor. I asked her if they were having any problem with this track and she said, no, that her husband stands in the back patio and watches them ride. I did talk to a neighbor I saw on the road and she told me she didn t care but at times she could hear it but did not want to get involved. Commissioner Denney In an effort to try to work this out, would you consider Saturday and Sunday having your hours 12:00 to 5:00. Mr. Cox That would be fine. It is something I could put out to the riders and let them know. Commissioner Denney Just make sure you understand if we approve this and we set these guidelines on here if you violate the guidelines we could close the track. Mr. Cox I was told that when I put in for this. Commissioner Matthews Mrs. Easter would you find the hours 12:00 to 5:00 on the weekends more exceptable? Mrs. Easter No sir I do not. I do not believe that we should have to listen to that Thursday, Friday, Saturday, Sunday. There are some trees between the properties but they start further back and we can see all of the activity from my house. Commissioner Maxwell If we could cut down on the noise that would help. Any additional information - Commissioner Maxwell entertained a motion Commissioner Box moved to approve SUP for family and invited guest with no more than 5 users at any given time on the track, no more than 15 bikes at site at one time, length of permit for 2 years, hours being Thursday & Friday 2-5 PM and Saturday & Sunday 10-5 PM, staff recommendation, any vehicles ridden should be noise reduced when possible. I am saying two years so we can look this over and see how it will be going. Commissioner Matthews We were going to do the hours 12-5 on Saturday and Sunday. Commissioner Box I will go along with that. 6

7 Commissioner Denney Linda had suggested a sign posted for the hours of operation Commissioner Box That should be added with the signs of the hours posted and the rules of the tract with the five riders on the tract at one time. With changes Commissioner Box moved to approve SUP for family and invited guest with no more than 5 users at any given time on the track, no more than 15 bikes at site at one time, length of permit for 2 years, hours being Thursday & Friday 2-5 PM and Saturday & Sunday 12-5 PM, any vehicles ridden should be noise reduced when possible, sign posted of the hours and rules regarding the track with the limit of 5 users on track at one time. Commissioner Matthews seconded the motion Commissioner Rosenthal I have a problem with the five users. That means they could have a hundred people there and I do not think that is what we want. Commissioner Box They are going to have picnics and stuff out there, they have Halloween parties and things. As long as they are not racing. It is not different than you having a picnic on a Sunday afternoon. John Zoellner No everyone comes especially to his house to have picnics Commissioner Rosenthal Maybe once a year but not every Sunday. If it was just family members I would agree that we would not need a special use but we are doing more than family members here. We are doing friends, invited guest. I would say we would have to limit the number of people on the property. We have to protect the property in case someone else might buy the property and might want to make it bigger. We have to look at the future. We need to add for practice only. Mrs. Easter If you give them the other times I will have to deal with that. Sunday is the day of rest, a day when people get together and I do not want to listen to that noise. Commissioner Maxwell You just said Sunday is the day you get together, I am trying to get the noise down for you. Commissioner Rosenthal If it was just their family they could go out and do it anyway, we cannot stop noise all together. All we can do is regulate how many people can use it at one time. I would say no more than fifteen vehicles at one time on site and the facility to be used for practice only. Discussion on how to limit and what stipulations should put on limitations With changes Commissioner Box moved to approve SUP for family and invited guest with no more than 5 users at any given time on the track, no more than 15 bikes at site at one time, length of permit for 2 years, hours being Thursday & Friday 2-5 PM and Saturday & Sunday 12-5 PM, any vehicles ridden should be noise reduced when possible, sign posted of the hours and rules regarding the track with the limit of 5 users on track at one time, to be used for practice only with no races being held, Traffic Impact Fee and all other staff recommendations. Seconded by Commissioner Matthews Approved 5-0 The Board of County Commissioners will hear this on the 30 th day of June 2003 at 1:30 p.m.. 7

8 Item No. 2: Consideration on the application (03-009) for a Special Use Permit for a dog kennel and canine training on a tract of land located in Section 26, Township 10S, Range 20E also known as st in Leavenworth County, Kansas. Request submitted by Christopher Larsdon. Staff Report: The applicant has purchased property in the west part of the county for the purposes of residential use and a training kennel for guide and hunting dogs. He currently owns 13 dogs and also cares for 4 client dogs. These dogs will return to their homes shortly. He also has a litter of pups that are currently being placed in homes. Applicant does not intend to actively breed dogs this is his first litter of pups in five years but may breed on occasion. Applicant is requesting a capacity of 33 pens for a maximum of 33 dogs. This additional capacity will be used 1-2 weekends per year for 3-4 days for housing dogs attending a seminar at the site or in the area. The owner takes his own dogs to Texas from November through February to use in quail hunting. At other times of the year, the dogs compete in field trials. Proposed pens/kennels are 3 6 wide x 8 long. They will be placed on a 100 x 12 x 4 deep concrete slab. Each kennel is free-standing with a roof. A lagoon system will be installed to handle waste from the kennel. The applicant intends to keep the kennels sanitized by washing down with bleach. This also helps to reduce parasites as well. Applicant states that the dogs are well-trained and that the only time there may be excessive noise from barking is at feeding time. This is normally in the evening from 6:30 7:00 PM. There are two residences located immediately across 251 st from the proposed location of the kennel. For this reason, staff recommends moving the kennel location to the east side of the house. This will place needed space between the kennel and the neighboring residences. Less buffering will be needed in this location because it will be less visible from neighboring residences and the noise from the highway should help to mask barking from the kennel. (See site plan and aerial map.) Applicant has also discussed extending the berm farther south along the west property line to increase noise and visual buffering between the site these residences. The site has good access. McLouth Road/Highway 16 is asphalt paved and in very good condition. 251 st Street is gravel. The owner will not be required to have a Breeder s Licence from the state because he will not be breeding 3 litters or more per year and will be maintaining less than 29 dogs on the premises on a full-time basis and the dogs are not being offered for sale. Site and area is a generally rolling landscape. There is a small pond on the property, but few trees. Zoning in area is R-5.0. To the north/northeast is a State Highway with agricultural property beyond. To the west, south and southeast are large lot residential with some agricultural uses. Most of the property in this location has been divided into residential sized parcels. Agricultural uses are apparent, but the immediate area surrounding the kennel contains 5-6 homes. Property is suitable for residential use, although it is probably too close to the highway for occupants to enjoy full use of the property because of traffic noise. Visually, this use should have little affect on surrounding property if the landscaping as specified on the site plan is completed. There will be a certain amount of noise in the form of barking and/or howling from the kennel area that will have a variable affect upon surrounding properties. The magnitude of this affect will depend upon the breed s tendency to bark and the types and frequency of stimulation that causes barking. Re-locating the kennel area between the house and K-16 Highway should reduce this problem somewhat. Shifting the berm more southward along 251 st Street should also help buffer sound from the site. Little economic gain is expected from this use. However, some negative effect should be expected on the public health, safety and welfare in the form of noise nuisance. The comprehensive plan anticipates Rural Residential development in this part of the County. The request is consistent with Objective 6, Policy 6.c of the Comprehensive Plan except for the use s possible impact on neighbors. This site is located in the Tonganoxie Township Community. 251 st Street is designated as a local road in the Transportation Plan and it is not scheduled for improvement under the road improvement guide for the 3-Mill Tax Plan covering the years 2001 through An M-55 lagoon would be required for this many dogs and require an area of about 270 square feet. The site is sufficiently large enough for this type system. With a sufficient waste system, the Health Officer has no objections to this use. Emergency Services recommends the preparation of an Emergency Plan based upon the State of Kansas division of Emergency managements Animal Issues in Disasters. A copy of this document has been provided to the applicant. Due to the limited traffic generating expectations of this use, no TIF has been requested. STAFF RECOMMENDATION: With the change in location, the staff recommends approval of the permit under the following conditions: 1. Length of permit limited to 5 years; 2. Limit the number of dogs on the site full time to 3. Maximum # of dogs on site on a short term basis (20 days per year or less) 4. Maximum 2 litters of pups per year; 5. Site screening improvements to be completed by (date) 6. All dogs are to be kenneled or under owners control at all times, no dogs to be running loose; 7. Kennel area to be kept clean and well-maintained at all times; 8. Create and file an emergency plan with the county and emergency services; 9. Obtain and keep current all required state licenses; 10. Proper disposal of animal waste through a lagoon or other acceptable system; 11. Compliance with all applicable Federal, State and local regulations. 8

9 Does the Applicant wish to speak Chris Larson As the lady has said I wish to build a training facility. I have been training dogs since You were talking about noise control. I do not like barking dogs any more than anyone else. I try to train my dogs not to bark. There are numerous methods that I use. They are all very humane and do not injure the dog. I train with Rich and Ron Smith who are very well known in the dog training industry. I help in production of electronic dog collars, dog training videos, dog training seminars. As mentioned there will be times of the year that I will have more than my normal line of dogs on the place for dog training seminars. Right now they are scheduled for October. October 5 th, is a dog puppy development seminar, which I am an instructor. October is another seminar, which Rick Smith comes in and that will be a maximum of thirty people, which would be thirty dogs. I have been doing seminars for about five years and the most dogs anyone has left at my kennels has been ten dogs. That is why I have ask for the thirty three kennel run, the hundred foot concrete. As far as moving the kennels, I am at your mercy. The only reason I ask for them where they are is because there are existing trees for a shade area. The more shade I can provide for my dogs the healthier they are. (showed pictures of proposed kennels) The heat hinders dogs a lot. If they get too hot they stop eating, and if they stop eating and I am trying to run them and keep them exercised they burn their fat and start losing muscle. Their immune systems get weak and they get sick. I am there to maintain a healthy kennel. My name is advertised in national magazines around the country. I can move the kennels if I have to. I set standards that are high. I am having dogs, not a puppy mill. I have not breed a litter in five years. I do have a litter right now. I will occasionally breed a female for a client and he will ask me to raise a litter of pups and sell. That has happened once. I do not raise pups, I am a trainer, I am a guide. As far as the barking dogs go, dinnertime they are going to bark. Commissioner Maxwell Do they have an inside facility? Applicant They have a dog box that is attached to the kennel that they can get in and out of the weather. Commissioner Maxwell If something runs through the yard the dogs will park. Applicant I live in southern Johnson County right now. I have not had one complaint of barking dogs. Commissioner Matthews You are going to be guiding in Texas, Why don t you have your training facility in Texas? Applicant - Because I live in Kansas. John Zoellner You said there would be a seminar at the house with up to thirty people? Where will they park? Applicant They will park on my property. Commissioner Maxwell How long do the seminars last? Applicant My puppy seminar is one day and the adult seminar is a Friday night, Saturday and Sunday. Commissioner Maxwell Do they bring campers? Applicant No sir, most of the people will add to the economy and get hotel rooms. I will get a vet in the county and do all my services in the county. Testimony in Favor of this proposal Darrin Herman I am associated with Chris, I am his bird producer. I sell him quail and such for working his dogs. One of the issues we have discussed is when he does go to Texas he is gone from at least November to February and most of his dogs go with him. I can say he does not have a barking problem. Testimony in Opposition of this proposal Any additional information Applicant On this berm, I will have that done this spring, I am waiting for fall dig prices. Commissioner Rosenthal Are those trees existing? Applicant No sir, the existing trees are along the bottom of where I want to put the kennel. Commissioner Matthews - Where would you put the lagoon Applicant I don t want to use a lagoon. I would like to go to a septic system. Right now I am going to haul the waste away for now. 9

10 Commissioner Denney How close are your neighbors? I am surprised we do not have any opposition. Applicant I went out and talked to the neighbors. They have barking dogs that drive me nuts. Questions, comments, Commissioners Commissioner Box We will have to limit the number of dogs on the site full time and then other times. How many dogs will you have on site full time? Applicant dogs at the most. Commissioner Rosenthal We need to have a site screening completion time also. Say something like screening to be completed by June 1 st of Commissioner Maxwell entertained a motion Commissioner Matthews moved that SUP be approved with the conditions set by staff, limit number of dogs to 24 adult dogs on a full time basis and short term basis of 33 dogs, site screening to be completed by June 20 th of 2004, and change lagoon to an acceptable waste system, add have training license. Accepted with these terms since this is a training facility and not a boarding facility. Commissioner Box seconded the motion Carried 5-0 The Board of County Commissioners will hear this on the 30th day of June 2003 at 1:30p.m. Item No. 3: Consideration on an application (RZ ) to rezone the following described property from Rural Residential 5 to Rural Residential 2.5 on a tract of land located in the NE1/4 of Section 18, Township 10S, Range 22E located at Fairmount Rd in Leavenworth County, Kansas. Request submitted by Mark & Cheryl Seifert. Commissioner Rosenthal abstained due to conflict of interest. Commissioner Matthews moved to table (RZ ) Commissioner Denney seconded the motion Carried 3-2 The RZ was tabled until July 9, 2003 due to lack of a quorum. A quorum consists of five or more commissioners for a vote Item No. 4: Consideration on an application (RZ ) to rezone the following described property from Rural Residential 2.5 minimum to R-1 (15) 15,000 sq. ft. minimum lots on a tract of land located in Section 26, Township 11S, Range 22E located West of 150 th and Linden St. in Leavenworth County, Kansas. Request submitted by QHS Construction, property owner-morton Holmes. Staff Report: Request for rezoning of property from RR 2.5 acre Residential District to R-1 (15) One-Family Dwelling District with a minimum lot size of 15,000 square feet. General Information: The applicant is QHS Construction, West 87 th Street, Overland Park, KS The owner of the property is Morton Holmes Jr., 9001 West 104 th Street, Overland Park, KS The requested action is the rezoning of the property to allow for smaller lots. The existing zoning is RR 2.5-acre Rural Residential District and they are requesting R-1 (15) One-Family Dwelling District. It is located on the west side of 150 th Street approximately ¼ mile south of Metro Avenue. STAFF ANALYSIS: The developers would like to develop this property into approximately fifty 15,000 square foot lots on public sewers. The neighborhood is currently a mixture of agricultural tracts, large lot residential tracts, and small lot residential uses. It is located on the west side of 150 th Street approximately ¼ mile south of Metro Avenue. The property is currently located in the Basehor Urban Growth Management Area. This area had originally been designated as the Bonner Springs Urban Growth Management Area and may again be so designated. Properties surrounding the subject property have a mixture of zoning 10

11 districts. Most of the area is Rural Residential, but some R-1 and R-2 One-Family Residential Districts exist to the north and south. The land use of the surrounding properties is mixed residential and agricultural. North- Residential (RR 2.5 acre and R-2 One-Family Residential) East- Residential (RR 2.5 acre), West- Agricultural (RR 2.5 acre),south- Residential and Agricultural (RR 2.5 acre and R-1 One-Family Residential) The Comprehensive Plan identifies this part of the County as low density residential. The developers propose who connect this development to the public sewer system operated by the County as Sewer District # 2. An 8 inch water line is located on the east side of 150 th Street. Approval for meters would have to be obtained from RWD # 7. Homes would have an impact on schools and other services. Without improvement of 150 th Street and Metro Avenue, there would be a negative impact on the transportation system. This can be alleviated by improvement of some or all of these two roads. The site is rolling with some vegetation, primarily in the north part of the property along the drainage way. Stormwater detention will be needed to protect surrounding properties from negative environmental affects. The Leavenworth Conservation District indicates that the soils on this site have severe limitations for development and road construction. Sediment should be controlled with appropriate best management practices during and after land disturbing practices. Development of this property will provide increased taxes and road improvements. The change in zoning is compatible with surrounding property and consistent with the Comprehensive Plan. The improvement of this part of 150 th Street is also a positive step in the development of the County s transportation system. The map below shows the location of the property in relation to other surrounding developments. The property is situated on a collector street that provides good access to Bonner Springs. Does the Applicant wish to speak Rick Hollingsworth Desoto, Ks - I have been building homes for a few years. I have been following my brother-in-law on several developments. I have gained a lot of experience from that. We feel that this would be a good area to develop. (showed pictures of houses he has built) There are several pictures of different houses that I have built within the past six years. We would like the price range to be probably around $190,000 at the minimum and then take it up in the average to about $190,000 to $250,000 and up. With that size lot, there would be curb and gutters. It would not be an open air ditch, there would be storm drains and I think it would be a very attractive subdivision for the area. Testimony in Favor of this proposal - None Testimony in Opposition of this proposal Merle Schneck We are not opposed to people building on 2 ½ acre lots. We are opposed to people building on 15,000 sq foot lots. In looking at what they have proposed it would be a major impact upon the immediate neighborhood and the other property owners that join there. There is a dry water creek or a wet weather creek that runs through that property and it is currently contained by a large pond that flows into several other ponds. From what I see there I do not know how they will route that creek to get it back around to where it would be back in its natural flow. I do not know how they will get all those houses on this property. When I moved out there, I bought all that Morton would sell me. He wouldn t sell anymore because of tax purposes. I know others that want to buy it and would not develop the land. There will be a noise level and general use level. John Brown I live in the property of 3+ acres joining Morton s property. I bought the property about five years ago for recreation purposes. I like to fish. The person I bought the property from built the dams and the lakes on it. He built those at great expense, which I paid for. I am wondering what the environmental impact is going to be with all this. I plan on building a house there in the future or giving it to one of my children. I bought it to have a rural environment. I am concerned about what will happen to my property when they put all these homes in there. My property is very attractive. I guess I will have to hire a security guard to keep trespassers off and what will happen to my property value. I would not have bought this if I knew they were going to build 44 houses next to it. I would think all the construction would destroy the big lake and the big lake feeds into my other lakes. David Howton I heard the mention of 8" water lines. I live on Cypress which is in Timberlakes and I know that my water line is a four inch water line. If they put more homes on that water line we are going to have a real problem. I was told the lagoons are already overloaded. Metro is a disaster now, one big dust ball. All these homes will cause more dust. Donna Schneck I did a little picture board of the area I am concerned about. (showed to commissioners) ( Pictures of views of the lake, a hill, trees and other terrain.) This is a beautiful area and there are a lot of animals around. All those houses will change the beauty of this. Julie Schuetz We own the 200 acres surrounding the development. Our main concern is lot size. We were here at the court house about a development that Mr. Holting tried to put in and the main concern then, was lot size. My feeling is that around the corner it was not ok for 15,000 sq foot lots and we told him no so I do not think anything has changed. As an impact on our property, my husband just spent his spring time months cleaning out the tree line because the Tangelwood people have chose through the years to cut down our fence and make it so they can drive on our property and dump there junk. They seem to think if they back up to a field in the country that nobody is using it. I am afraid what the other side of my property will look like with this development. The lot size is the main problem. I didn t think about this until 11

12 tonight when I listened to the motor cross. We have two kids that have their own dirt bikes, we have a four wheeler, my husband has an airplane with a landing strip. My kids are active. If these new neighbors come in, are we going to have to come in and be $ to death because we are enjoying our property and they do not like the noise? My son has cows and the smell will drift that way. John Zoellner None of what you described needs a special use. David Lutgen Just don t invite any friends. Hugh McGough We are opposed to making smaller lot sizes now as we were in the past. There are no sewers for this district. John, in our previous times when Holting was trying to develop it was determined that those lagoons are already spoken for capacity and in fact probably need to be handled now. To prove that, they had meetings with Basehor and also with Bonner Springs concerning having them to handle the sewage from that area. The one to Basehor fell through, as my understanding and Bonner Springs will only entertain it if it is profitable to them. My neighbors do not want smaller lots in that area. In previous meetings we had over six hundred names on a petition. Mary LaMance We are almost across the street from the development. Our concerns are sewers. 150 th has had increased traffic throughout the years. People are using it as a shortcut. The traffic is noisy and fast. Is Leavenworth County going to increase the budget for the Sheriff s department due to the high volume of people and we are concerned about fire protection. We do oppose to lowering of the square footage for lots. Linda Howton I am in the Timberlakes development. The price of the homes were mentioned and we have homes in Timberlakes that are appraised at over $250,000 to $300,00 thousand. I am concerned about the quality of the homes going in and how close they would be to one another. If we wanted to live in Johnson County, we would have moved there so we could spit chewing tobacco at our neighbors window and hit it every time. Mr. Houghton Have they done a study on the water lines? Commissioner Rosenthal If they cannot provide water, they will not be able to develop. Additional information - None Questions, comments, Commissioners Commissioner Maxwell entertained a motion Commissioner had a discussion on lot sizes, streets, sewers, etc. It was decided to bring the plan back as a Planned Unit Development. Commissioner Maxwell entertained a motion Commissioner Denney moved to table (RZ ) with a recommendation to bring it back at the next meeting or whenever the applicant is ready as a Planned Unit Development with the minimum lot size of a 1/2 acre Commissioner Matthews seconded the motion Carried 3-2 Item No. 5: Consideration of a Preliminary plat for Mound View Subdivision (4-lot), located in Section 10, Township 10S, Range 21E. Submitted by Douglas and Kay Smith. Staff Report: The final plat for Moundview Subdivision was filed in January That subdivision created four lots, with Lot 4 sized extra large due to the presence of floodplain and a lack of road frontage. The owner comes before the Commission to re-subdivide a portion of that lot, extending Wood Road from the West to obtain road frontage for four new lots. The eastern part of the lot, being mostly occupied by floodplain, is not included in this subdivision. A majority of the lot area for these lots falls in the floodplain. A note on the plat restricts building or grading within the floodplain without a floodplain permit. There appears to be sufficient area for a residence and waste system on each lot without infringing on the floodplain. Waste systems will probably have to be engineered. Originally, two fire hydrants were recommended by Emergency Management. However, Mr. Magaha revised that to one hydrant halfway down Wood Road as shown on the 12