Leavenworth County Board of County Commissioners...Commissioner Schimke inquired about the status of the Comprehensive Plan and meeting with Olsson. Mr. Loughry indicated the Board

At this time the Courthouse is open by appointment only. Anyone wishing

to attend will need to call ahead at 913-684-0417 as the exterior doors

remain locked and the meeting room has limited capacity. All visitors will

be required to wear a mask. We are encouraging everyone to continue to

view the meeting live via YouTube.

Leavenworth County

Board of County Commissioners

Regular Meeting Agenda

300 Walnut Street, Suite 225

Leavenworth, KS 66048 September 2, 2020

9:00 a.m.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE

III. ROLL CALL

IV. PUBLIC COMMENT: Public Comment shall be limited to 15 minutes at the beginning

of each meeting for agenda items only and limited to three minutes per person.

Comments at the end of the meeting shall be open to any topic of general interest to the

Board of County Commissioners and limited to five minutes per person. There should be

no expectation of interaction by the Commission during this time.

Anyone wishing to make comments either on items on the agenda or not are encouraged

to provide their comments in writing no later than 8:00 AM the Monday immediately

preceding the meeting. These comments will be included in the agenda packet for

everyone to access and review. This allows the Commission to have time to fully

consider input and request follow up if needed prior to the meeting.

V. ADMINISTRATIVE BUSINESS:

VI. CONSENT AGENDA: The items on the Consent Agenda are considered by staff to

be routine business items. Approval of the items may be made by a single motion,

seconded, and a majority vote with no separate discussion of any item listed. Should a

member of the Governing Body desire to discuss any item, it will be removed from the

Consent Agenda and considered separately.

a) Approval of the minutes of August 26, 2020

b) Approval of the schedule for the week September 7, 2020

c) Approve the check register

d) Approve and sign the OCB’s

e) Approve Case Number DEV-20-088 & 089 Nine Mile Creek Replat

VII. FORMAL BOARD ACTION:

a) Consider a motion to approve Resolution 2020-27, a renewal of a special

use permit for Trinity Daycare.

b) Consider a motion to approve Resolution 2020-28, a special use permit

for B&G Auto Repair.

c) Consider a motion to approve Resolution 2020-29, a text amendment to

the Zoning and Subdivision Regulations to add Article 43, Cross Access

Easements.

d) Consider a motion to table Resolution 2020-25, a special use permit for

Tri Hull until November 4, 2020.

VIII. PRESENTATIONS AND DISCUSSION ITEMS: presentations are materials of general

concern where no action or vote is requested or anticipated.

IX. ADDITIONAL PUBLIC COMMENT IF NEEDED

X. ADJOURNMENT

ALL SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COMMISSION

ALL MEETINGS ARE OPEN TO THE PUBLIC

COMMENTS SHOULD BE OF GENERAL INTEREST OF THE PUBLIC AND SUBJECT TO THE RULES OF DECORUM

LEAVENWORTH COUNTY COMMISSIONERS

MEETING SCHEDULE Monday, August 31, 2020 Tuesday, September 1, 2020

Wednesday, September 2, 2020 9:00 a.m. Leavenworth County Commission meeting

• Commission Meeting Room, 300 Walnut, Leavenworth KS

Thursday, September 3, 2020

Friday, September 4, 2020

*******August 26, 2020 ********

The Board of County Commissioners met in a regular session on Wednesday August 26, 2020.

Commissioner Smith, Commissioner Culbertson and Commissioner Schimke are present; Commissioner

Kaaz and Commissioner Stieben are present by phone; Also present: Mark Loughry, County

Administrator; David Van Parys, Senior County Counselor; Becky Matzeder, Executive Secretary; Janet

Klasinski, County Clerk

Residents: John Matthews

PUBLIC COMMENT:

There were no public comments.

ADMINISTRATIVE BUSINESS:

Mark Loughry requested approval of a letter of support for the city of Basehor on a grant application for

155th St. to Mid America Regional Council.

A motion was made by Commissioner Schimke and seconded by Commissioner Culbertson to approve a

letter for support for the city of Basehor to the Mid America Regional Council.

Motion passed, 5-0.

Commissioner Smith requested a letter of support be sent to Senator Moran and the Bureau of Prison for

the new prison.

A motion was made by Commissioner Culbertson and seconded by Commissioner Schimke to send a

letter of support for the new facility to the U.S. Department of Justice, Federal Bureau of Prisons and

Senator Jerry Moran’s office.

Motion passed, 5-0.

Commissioner Smith indicated he received a call from a wireless internet provider requesting a letter of

support for CARE’s Act Funding to improve the rural broadband speed in the Basehor area.

A motion was made by Commissioner Schimke and seconded by Commissioner Culbertson to authorize

the chairman or the Board to sign letters of support for any wireless internet company that operates in

our county for expansion.

Motion passed, 5-0.

Commissioner Stieben reported the CDC removed the advisory for a 14- day quarantine for travel.

Commissioner Kaaz requested to remove the check register from the consent agenda.

A motion was made by Commissioner Schimke and seconded by Commissioner Culbertson to accept the

consent agenda for Wednesday, August 26, 2020 with the check register removed.

Motion passed, 5-0.

A motion was made by Commissioner Culbertson and seconded by Commissioner Schimke to approve

the check registry.

Motion passed, 4-0. Commissioner Kaaz abstained.

Janet Klasinski requested to approve the Leavenworth County Special Other Funds budget that includes

local service road and bridge and sewer districts.

Commissioner Smith opened the public hearing.

No one spoke in favor or opposition.

Commissioner Smith closed the public hearing.

A motion was made by Commissioner Culbertson and seconded by Commissioner Schimke to approve

Resolution 2020-30.

Motion passed, 5-0.

A motion was made by Commissioner Schimke and seconded by Commissioner Culbertson to approve

the Leavenworth County Special Other Funds budget for 2021.

Motion passed, 5-0.

Commissioner Kaaz attended the Fire District #1 meeting, participated in the Workforce Development

meeting via zoom and listened to the city of Leavenworth meeting.

Commissioner Smith and Kaaz will attend the JCAB meeting tomorrow.

Commissioners Culbertson and Schimke will attend the Port Authority meeting.

Commissioner Stieben complimented the Public Works Department for quickly responding to citizen’s

concerns.

A motion was made by Commissioner Culbertson and seconded by Commissioner Schimke that the

Board recess for a closed executive meeting for the discussion of a subject involving the legal interest of

the County as justified by K.S.A. 75-4319(B)(2) for consultation with legal counsel for the Board which

would be deemed privileged in the attorney-client relationship and that Board resume open meeting at

9:50 a.m. in the meeting room of the Board. Present in the executive meeting will be Commissioners

Culbertson, Kaaz, Schimke, Smith and Stieben, Senior County Counselor David Van Parys and County

Administrator Mark Loughry.

Motion passed, 5-0.

The Board returned to regular session at 9:50 a.m. Discussion was limited to the legal interests of the

County; no decisions were made and no action taken.

A motion was made by Commissioner Culbertson and seconded by Commissioner Schimke to adjourn.

Motion passed, 5-0.

The Board adjourned at 9:52 a.m.

ALL SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COMMISSION

ALL MEETINGS ARE OPEN TO THE PUBLIC

COMMENTS SHOULD BE OF GENERAL INTEREST OF THE PUBLIC AND SUBJECT TO THE RULES OF DECORUM

LEAVENWORTH COUNTY COMMISSIONERS

MEETING SCHEDULE Monday, September 7, 2020 THE COURTHOUSE WILL BE CLOSED IN OBSERVANCE OF LABOR DAY Tuesday, September 8, 2020

Wednesday, September 9, 2020 9:00 a.m. Leavenworth County Commission meeting

• Commission Meeting Room, 300 Walnut, Leavenworth KS

Thursday, September 10, 2020

11:30 a.m. LCDC meeting Friday, September 11, 2020

FMWARRPTR2 LEAVENWORTH COUNTY 8/28/20 8:37:57

DCOX WARRANT REGISTER - BY FUND / VENDOR Page 1

START DATE: 08/21/2020 END DATE: 08/27/2020

TYPES OF CHECKS SELECTED: * ALL TYPES

P.O.NUMBER CHECK#

20588 ADVANTAGE ADVANTAGE PRINTING 315514 89339 AP 08/27/2020 0-001-5-01-308 PLANNING - DISPLAY YOUR ADDRES 1,516.36

20588 ADVANTAGE ADVANTAGE PRINTING 315514 89339 AP 08/27/2020 0-001-5-01-308 PLANNING - DISPLAY YOUR ADDRES 733.13

20588 ADVANTAGE ADVANTAGE PRINTING 315514 89339 AP 08/27/2020 0-001-5-01-308 PLANNING - DISPLAY YOUR ADDRES 1,760.62

*** VENDOR 20588 TOTAL 4,010.11

1523 BOB BARKER BOB BARKER CO INC 315516 89341 AP 08/27/2020 0-001-5-07-359 LEAKS4 JAIL SUPPLIES 2,071.24

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-01-301 IN FLEET HOSTER, K-LOG (CHAIR) 25.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-02-212 IRON MOUNTAIN SHREDDING 9.98

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-02-301 ELECT. SUPP,BUDGET WORKSESSION 37.97

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-02-301 PRIMARY ELECTION EXPENSES, CLE 843.12

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-02-301 LV PAPER,AMAZON-CLERK,MAILROOM 79.26

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-05-202 EMS VEH MAINT,MED EQUIP MAINT, 20.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-05-209 EMS OFFICE/VEH MAINT SUPPL,CAB 37.50

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-05-215 WATERWORKS - CK 88919 NEVER AR 46.25




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-05-286 EMS VEH MAINT,MED EQUIP MAINT, 9.97-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-05-301 EMS OFFICE/VEH MAINT SUPPL,CAB 1,358.14







648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-06-202 PLANNING COMM IEXPENSE,VEH MAI 2.50

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-06-203 PLANNING;MEMBERSHIP,OFC SUPPLY 109.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-06-213 PLANNING COMM IEXPENSE,VEH MAI 100.95



648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-202 SHF EQUIP,PRIS HEALTH,JAIL,TEC 190.00-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-202 SHF EQUIP,PRIS HEALTH,JAIL,TEC 360.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-202 SHF EQUIP,PRIS HEALTH,JAIL,TEC 95.00-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-203 SHF TECH,JAIL,FORMS,EQUIP,TECH 149.90

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-207 HOME DEPOT/GRONIS/DAVIS INSTRU 60.00





648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-301 HOME DEPOT/GRONIS/DAVIS INSTRU 34.84




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-07-353 SHF EQUIP,PRIS HEALTH,JAIL,TEC 1,669.74










warrants by vendor





P.O.NUMBER CHECK#

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-09-301 IN FLEET HOSTER, K-LOG (CHAIR) 481.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-11-203 KANSS WOMEN ATTORNEY'S ASSOC D 50.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-11-301 CO ATTY -OFFICE SUPPLIES 2,500.10



648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-301 LV PAPER,AMAZON-CLERK,MAILROOM 47.16


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 LOGMEIN SUBSCRIPTION (COVID) 1,045.71

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 LOGMEIN SUBSCRIPTION (COVID) 90.72-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 COURTHOUSE/ELECTION COVID 7/16 300.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 SOCIAL DIST STICKERS/STANCHION 44.85




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 CO ATTY - COVID SUPPLIES 429.87



648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-14-312 DELUXE CHECKS - COVID-ADDTL 10 447.16

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-18-254 MUHIMBI SUBSCRIPTION 599.70

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-18-254 MUHIMBI SUBSCRIPTION 6.00


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-19-301 DIST COURT-OFFICE SUPPLIES 150.11

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-28-301 LUNCH FOR OPEN ENROLLMENT STAF 147.93

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-28-301 QUILL - LEXMARK TONER 54.99


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-213 EMERG LIGHTS/SAFETY/VEH MAINT/ 1,028.53

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-297 EMERG LIGHTS/SAFETY/VEH MAINT/ 60.00


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-301 EMERG LIGHTS/SAFETY/VEH MAINT/ 38.95-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-301 EMERG LIGHTS/SAFETY/VEH MAINT/ 95.89-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-312 B&G/JC BLDG MAINT,EMS,MOWING,M 62.99




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-317 B&G/JC BLDG MAINT,EMS,MOWING,M 1,116.48




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-31-383 B&G SAFETY BOOTS 99.99








648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-41-201 APPRAISER - COPIES,COMP/OFF SU 206.70



648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-204 ELECTION EQUIP DELIVERY 443.69

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-204 ELECTION EQUIP DELIVERY 35.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-204 GRIER - ELECTION EQUIPMENT DEL 376.71

warrants by vendor





P.O.NUMBER CHECK#

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-301 PRIMARY ELECTION EXPENSES, CLE 291.10

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-301 QILL-1 GAL BAGS FOR ELECTION S 39.99




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-001-5-49-342 ELEC COVID - STICKERS FOR POLL 627.90

*** VENDOR 648 TOTAL 28,961.06

1104 DIGITAL DOLPHIN DIGITAL DOLPHIN SUPPLIES 315520 89345 AP 08/27/2020 0-001-5-07-301 VENDOR ERROR ON CREDIT -ORIG I 1,920.00

86 EVERGY EVERGY KANSAS CENTRAL INC 315522 89347 AP 08/27/2020 0-001-5-14-220 ELEC SVC 300 WALNUT 10,735.63

8726 FAGAN COMPANY FAGAN COMPANY 315523 89348 AP 08/27/2020 0-001-5-31-290 24520 CHILLER #3/ CH 3,019.96

83 GRAFIX SHOPPE M J DONOVAN ENTERPISES, INC 315525 89350 AP 08/27/2020 0-001-5-07-213 SHF VEHICLE GRAPHICS 2,060.95

4465 GRONIS GRONIS HARDWARE INC 315526 89351 AP 08/27/2020 0-001-5-07-357 JAIL MAINT/EXPENSE 9.11




*** VENDOR 4465 TOTAL 30.55

22605 HINCKLEY S HINCKLEY SPRINGS 315528 89353 AP 08/27/2020 0-001-5-11-208 17137512660768 FILTRATION SYST 39.50

1525 JAY'S UNIF JAY'S UNIFORM 315530 89355 AP 08/27/2020 0-001-5-07-350 SHF UNIFORMS 45.28







*** VENDOR 1525 TOTAL 2,850.64

46 KANSAS COR KANSAS CORRECTIONAL INDUSTRIES 315531 89356 AP 08/27/2020 0-001-5-07-303 1052001 BUSINESS CARDRS - SHF 30.58

537 LEAV TIMES LEAVENWORTH TIMES 315534 89359 AP 08/27/2020 0-001-5-06-218 267 PUBLIC NOTICES, RES 2020-2 94.05






22606 MAZZA MEREDITH MEREDITH DAWN MAZZA 315535 89360 AP 08/27/2020 0-001-5-11-240 APPEALS BRIEF 2018-JC-53 600.00

2059 MIDWEST OFFICE TECH MIDWEST OFFICE TECHNOLOGY INC 315536 89361 AP 08/27/2020 0-001-5-01-201 OPK595_K MONTHLY MAINT/USAGE C 128.79

2666 MISC REIMBURSEMENTS PATIENT 315537 89362 AP 08/27/2020 0-001-5-06-208 REFUND-OVERPYAMENT 200.00

2666 MISC REIMBURSEMENTS NANCY THEIS 315538 89363 AP 08/27/2020 0-001-5-11-301 REIM SUPPLIES 62.44

*** VENDOR 2666 TOTAL 262.44

803 NOXIOUS WE LEAV CO NOXIOUS WEED DEPT 315539 89364 AP 08/27/2020 0-001-5-31-209 BLDGS & GROUNDS - CHEMICALS 23.73




196 OLSSON OLSSON,INC 315540 89365 AP 08/27/2020 0-001-5-14-2 COMPREHENSIVE PLAN 019-1040 TO 563.70

1751 ONE BEACON ONE BEACON INSURANCE GROUP 315541 89366 AP 08/27/2020 0-001-5-14-224 791000617 DEDUCTIBLES 3,440.13

1751 ONE BEACON ONE BEACON INSURANCE GROUP 315541 89366 AP 08/27/2020 0-001-5-14-224 791000617 DEDUCTIBLES 1,161.68

*** VENDOR 1751 TOTAL 4,601.81

200 PRAETORIAN PRAETORIAN GROUP INC 315484 89331 AP 08/24/2020 0-001-5-07-208 ANNUAL FEE POLICE ONE ACADEMY 5,768.00

512 PROFESSIONAL ASSOCIA PROFESSIONAL ASSOCIATION 315542 89367 AP 08/27/2020 0-001-5-07-240 ACCT 85: DIAGNOSTIC INTERVIEW 1,050.00

7098 QUILL CORP QUILL CORP 315543 89368 AP 08/27/2020 0-001-5-07-301 8333027 SHF OFFICE SUPPLIES 139.34

7098 QUILL CORP QUILL CORP 315543 89368 AP 08/27/2020 0-001-5-11-301 8017660 CO ATTY - OFFICE SUPPL 1,328.52

7098 QUILL CORP QUILL CORP 315543 89368 AP 08/27/2020 0-001-5-11-301 8017660 CO ATTY - OFFICE SUPPL 113.18

*** VENDOR 7098 TOTAL 1,581.04

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-07-213 SHF/EOC JULY GAS, SHF/JAIL/EOC 5,736.83

warrants by vendor





P.O.NUMBER CHECK#

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-07-213 SHF/EOC JULY GAS, SHF/JAIL/EOC 350.03


458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-14-332 SHF/EOC JULY GAS, SHF/JAIL/EOC 3,744.92


458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-14-333 BLDGS & GROUNDS JULY FUEL 27.68




458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-14-336 NOXIOUS WEED JULY FUEL/VEH MAI 822.81

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-41-213 APPRAISER VEH MAINT 29.00

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-41-213 APPRAISER VEH MAINT 131.80

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-001-5-53-308 NOXIOUS WEED JULY FUEL/VEH MAI 1,532.18

*** VENDOR 458 TOTAL 12,971.34

6550 SCAVUZZO'S INC SCAVUZZO'S INC 315546 89371 AP 08/27/2020 0-001-5-07-359 7584019 JAIL SUPPLIES 234.17

6550 SCAVUZZO'S INC SCAVUZZO'S INC 315546 89371 AP 08/27/2020 0-001-5-07-359 7584019 JAIL SUPPLIES 696.37

*** VENDOR 6550 TOTAL 930.54

29720 SCHWINN EL SCHWINN ELECTRIC 315547 89372 AP 08/27/2020 0-001-5-31-290 CH SVC CALL - UPS(POWER) SYSTE 425.00

6148 SHERIFF LEAV CO SHERIFF DEPT 315548 89373 AP 08/27/2020 0-001-5-07-301 REIM OR MICROWAVE PART 3.00

248 SUMMIT FOOD ELIOR,INC 315549 89374 AP 08/27/2020 0-001-5-07-261 C74100 INMATE MEALS 4,481.72





*** VENDOR 248 TOTAL 22,855.55

30316 TURNER JANE JANE TURNER 315551 89376 AP 08/27/2020 0-001-5-49-340 MISSED MILEAGE ON PRIMARY ELEC 36.80

141 WILLIAMS,MEGAN MEGAN T WILLIAMS 315552 89377 AP 08/27/2020 0-001-5-11-240 APPEAL 2019JV135 600.00

TOTAL FUND 001 108,510.00

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-213 HEALTH DEPT CONTRACTUAL,WIC/PH 31.98








648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-606 WIC PROGRAM 580.00


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-610 TEEN PREGNANCY PROGRAM 1,045.36

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-612 HEALTH DEPT - COVID (PRE 8/1/2 60.50



648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-612 HEALTH DEPT - COVID (PRE 8/1/2 3,450.00





648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-612 HEALTH DEPT - COVID (PRE 8/1/2 114.99-

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-108-5-00-612 HEALTH DEPT - COVID (PRE 8/1/2 515.94-


*** VENDOR 648 TOTAL 9,001.22

22543 COMPLETE FAMILY CARE COMPLETE FAMILY CARE 315518 89343 AP 08/27/2020 0-108-5-00-280 HEALTH DEPT MED DIRECTOR/WELL 1,200.00

warrants by vendor





P.O.NUMBER CHECK#

22543 COMPLETE FAMILY CARE COMPLETE FAMILY CARE 315518 89343 AP 08/27/2020 0-108-5-00-280 HEALTH DEPT MED DIRECTOR/WELL 300.00

*** VENDOR 22543 TOTAL 1,500.00

TOTAL FUND 108 10,501.22

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-117-5-00-301 AMAZON-JK/HK TONER,CLKFRONT IM 87.89




209 ELECTION ELECTION SYSTEMS & SOFTWARE 315521 89346 AP 08/27/2020 0-117-5-00-303 L10815 UNITY SOFTWARE LICENSE 1,000.00

TOTAL FUND 117 1,205.64

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

843 FIDLAR FIDLAR 315524 89349 AP 08/27/2020 0-119-5-00-252 2010343 ANNUAL EXTERNAL LAREDO 15,000.00

TOTAL FUND 119 15,000.00

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


2505 INTRINSIC INTERVENTI INTRINSIC INTERVENTIONS 315529 89354 AP 08/27/2020 0-126-5-00-226 SMART SCREEN UA TEST CUPS 375.50

TOTAL FUND 126 395.46

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

5637 CLEARWATER ENTERPRIS CLEARWATER ENTERPRISES,LLC 315483 89330 AP 08/24/2020 0-133-5-00-304 8-20 342-5600012007 GAS FOR CO 2.03

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-214 8-34 EQUIP PARTS, OFC SUPPLIES 143.07


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-301 8-34 EQUIP PARTS, OFC SUPPLIES 3,755.72




648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-301 8-36 TIRES,TOOLS,EQUIP PARTS,S 77.66


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-309 8-36 TIRES,TOOLS,EQUIP PARTS,S 1,272.92








648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-360 8-34 EQUIP PARTS, OFC SUPPLIES 4,564.54


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-133-5-00-360 8-36 TIRES,TOOLS,EQUIP PARTS,S 3,386.24





*** VENDOR 648 TOTAL 17,234.51

TOTAL FUND 133 17,236.54

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-136-5-00-221 KTA- CORRECTIONAL FACILITY VIS 8.50



28526 GUIDANCE C THE GUIDANCE CENTER (TRAINING 315527 89352 AP 08/27/2020 0-136-5-00-203 SUBSTANCE ABUSE ASSESSMENT 150.00



warrants by vendor





P.O.NUMBER CHECK#

*** VENDOR 2505 TOTAL 375.50


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-137-5-00-320 8-7 BOLTS, FITTINGS, SEALS, BL 3,676.63

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-137-5-00-320 8-7 BOLTS, FITTINGS, SEALS, BL 984.74

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-137-5-00-320 8-6 CAP, STRAINERS, NOZZLES, G 287.10

*** VENDOR 648 TOTAL 4,948.47

TOTAL FUND 137 4,948.47

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-144-5-00-2 COA-PALS VET BILLS, PET SUPPLI 34.00





------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2621 BOOKER TERRY TERRY BOOKER 315482 89329 AP 08/24/2020 0-145-5-00-256 MEALS RESERVED 8/1-8/14 9,470.70

2621 BOOKER TERRY TERRY BOOKER 315482 89329 AP 08/24/2020 0-145-5-00-256 MEALS RESERVED 8/1-8/14 9,521.70

*** VENDOR 2621 TOTAL 18,992.40

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-145-5-00-202 COA TNG,PHONE,JANIT,POSTAGE,OF 440.70











648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-145-5-00-345 COA C1 &C2 COMMODITIES 668.26

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-145-5-00-345 COA C1 &C2 COMMODITIES 1,836.47






*** VENDOR 648 TOTAL 6,432.74

2 WATER DEPT WATER DEPT 315485 89332 AP 08/24/2020 0-145-5-00-246 WATER SVC COUNCIL ON AGING 148.83

TOTAL FUND 145 25,573.97

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-146-5-00-301 CTS OFFICE SUPPLIES 578.25

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-146-5-00-301 CTS OFFICE SUPPLIES 1,325.82



*** VENDOR 648 TOTAL 2,572.54

315 SALDIVAR TERRY TERRY SALDIVAR 315545 89370 AP 08/27/2020 0-146-5-00-248 JANITOR 725 LAMING 8/28-9/3 400.00

TOTAL FUND 146 2,972.54

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315517 89342 AP 08/27/2020 0-160-5-00-204 HAMM INC - JULY LANDFILL CHARG 70,178.65

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-160-5-00-213 TRANSFER STATION PPE & MAINT 134.86

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-160-5-00-263 TRANSF STATION:OFFICE SUPPLIES 296.93

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-160-5-00-301 TRANSF STATION:OFFICE SUPPLIES 637.47

warrants by vendor





P.O.NUMBER CHECK#

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-160-5-00-305 TRANSFER STATION PPE & MAINT 68.77

*** VENDOR 648 TOTAL 71,316.68

7258 L & R REFR L & R REFRIGERATION SERVICE CO 315533 89358 AP 08/27/2020 0-160-5-00-208 FREON REMOVAL - 50 UNITS 480.00

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-160-5-00-213 TRANSFER STATION JULY FUEL/MAI 742.88

458 ROAD & BRIDGE LEAV CO PUBLIC WORKS 315544 89369 AP 08/27/2020 0-160-5-00-304 TRANSFER STATION JULY FUEL/MAI 116.53


10703 TIRE TOWN TIRE TOWN 315550 89375 AP 08/27/2020 0-160-5-00-207 SCRAP TIRES KS PERMIT #2000 400.00

2007 WIRENUTS WIRENUTS 315553 89378 AP 08/27/2020 0-160-5-00-263 SVC CALL CAMERA IN 'A' BLDG - 110.00

TOTAL FUND 160 73,166.09

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1737 AT&T-CAROL STREAM IL AT&T 315515 89340 AP 08/27/2020 0-174-5-00-210 913A38-0682-421-2 PHONE SVC 1,040.02

1737 AT&T-CAROL STREAM IL AT&T 315515 89340 AP 08/27/2020 0-174-5-00-210 913A38-0682-421-2 PHONE SVC 349.02

1737 AT&T-CAROL STREAM IL AT&T 315515 89340 AP 08/27/2020 0-174-5-00-210 913A38-0682-421-2 PHONE SVC 345.49

*** VENDOR 1737 TOTAL 1,734.53

6636 KANSAS GAS KANSAS GAS SERVICE 315532 89357 AP 08/27/2020 0-174-5-00-210 510614745 2007004 82 GAS SVC 57.86

TOTAL FUND 174 1,792.39

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-194-5-00-3 CROSSMATCH - REPAIR TO FINGERP 260.00


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-195-5-00-212 TREADWELL - DEPOSIT ON FLOOR R 875.00

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-195-5-00-290 DIRECTV - JDC 170.62


648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-195-5-00-390 WALMART-HEALTH&COMFORT, JANITO 80.34



*** VENDOR 648 TOTAL 1,368.86

4465 GRONIS GRONIS HARDWARE INC 315526 89351 AP 08/27/2020 0-195-5-00-302 SOLID HINGE FOR DOOR REPAIR 11.58

2 WATER DEPT WATER DEPT 315485 89332 AP 08/24/2020 0-195-5-00-290 WATER SVC JDC 98.93

TOTAL FUND 195 1,479.37

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-196-5-00-201 REDWOOD TOXICOLOGY - DRUG TEST 466.00


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-197-5-00-201 DIST CT INK FUND - SOFTWARE LI 214.32


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-198-5-05-301 THERMAL CAMERAS PER US DOJ GRA 19,842.00

TOTAL FUND 198 19,842.00

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

648 COMMERCE BANK-COMMER COMMERCE BANK-COMMERCIAL CARDS 315493 89338 AP 08/26/2020 0-212-5-00-2 CRESCENT ELECTRIC - CHARGED WR 773.87-

17551 DIGGER JIM DIGGER JIM'S 315519 89344 AP 08/27/2020 0-212-5-00-2 SD #2 VACUUM TRUCK 450.00


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

17551 DIGGER JIM DIGGER JIM'S 315519 89344 AP 08/27/2020 0-218-5-00-2 SD #5 VACUUM TRUCK 675.00


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

TOTAL ALL CHECKS 285,003.48

warrants by vendor





FUND SUMMARY

001 GENERAL 108,510.00

108 COUNTY HEALTH 10,501.22

117 CO CLERK TECHNOLOGY 1,205.64

119 ROD TECHNOLOGY 15,000.00

126 COMM CORR ADULT 395.46

133 ROAD & BRIDGE 17,236.54

136 COMM CORR JUVENILE 553.96

137 LOCAL SERVICE ROAD & BRIDGE 4,948.47

144 PALS (PETS AND LOVING SENIORS 534.38

145 COUNCIL ON AGING 25,573.97

146 COUNTY TREASURER SPECIAL 2,972.54

160 SOLID WASTE MANAGEMENT 73,166.09

174 911 1,792.39

194 VIOLENT OFFENDERS 260.00

195 JUVENILE DETENTION 1,479.37

196 DRUG TEST & SUPERVISION FEES 466.00

197 INK FEE FUND 214.32

198 SPECIAL GRANTS 19,842.00

212 SEWER DISTRICT 2: TIMBERLAKES 323.87-

218 SEWER DIST #5 675.00

TOTAL ALL FUNDS 285,003.48

warrants by vendor

dcox

Typewritten Text

No ACH this period.

dcox

Typewritten Text

Consent Agenda 9-2-2020 Checks dated 8/21-8/27 ______________________________________________________ ______________________________________________________

dcox

Typewritten Text

dcox

Typewritten Text

dcox

Typewritten Text

dcox

Typewritten Text

1

Leavenworth County Request for Board Action Case No. DEV-20-088/089

Nine Mile Creek Replat Date: September 2, 2020 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Krystal Voth, Reviewed Additional Reviews as needed:

Budget Review Administrator Review x Legal Review x

Action Requested: The applicants are requesting a Preliminary and Final Plat for a three-lot subdivision. Proposed Lot 1 is approximately 148 acres, Lot 2 is approximately 10 acres, and Lot 3 would be 10 acres. Analysis: This is a replat of Lots 2 & 3 of the original Nine Mile Creek Subdivision, as well as a previously unplatted parcel to the immediate south of what was Lot 3. All of which are owned by the applicant. Currently the shared entrance to both Lots 1 & 2 lies on the unplatted southern lot. The driveway is configured in this manner to avoid the flood zone. The proposed replat would change the names of the previous Lot 2 and Lot 3 to Lot 1 and Lot 2, and the unplatted lot to Lot 3. Proposed Lot 1 would become 148 acres, Lot 2 would become 10 acres, and Lot 3 would become 10 acres. Recommendation: The Planning Commission voted 8-0 to recommend approval of Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat subject to conditions. Alternatives:

1. Approve Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with Findings of Fact, and with or without conditions; or

2. Deny Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with

Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with Findings of Fact; or

4. Remand the case back to the Planning Commission.

Budgetary Impact: X Not Applicable

Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested

Total Amount Requested: $0.00

Additional Attachments: Staff Report, Plat, Planning Commission Minutes

September 2, 2020 Leavenworth County Board of County Commissioners 1

***Consent Agenda*** Case No. DEV-20-088 & 089

Nine Mile Creek Replat Preliminary and Final Plat

Staff Report – Board of County Commissioners September 2, 2020

GENERAL INFORMATION: Applicant/ Martha Aitkens Property Owner: PO Box 777

Tonganoxie, KS 66086 Agent: Hahn Surveying Legal Description: A tract of land in Section 23, Township 11 South, Range 20 East of the 6th

P.M, in Leavenworth County, Kansas.

Parcel Size: ± 167 acres Zoning/Land Use: RR-5, Rural Residential 5-acre minimum size parcels Comprehensive Plan: This parcel is within the Rural-Density Residential land use category. Parcel ID No.: 206-23-0-00-00-003.00-0, -003.01, -003.06

Planner: Jared Clements

REPORT: Planning Commission Recommendation: The staff recommends approval of Case No.DEV-20-088 & 089, Replat of Lots 2 and 3 of 9 Mile Creek Subdivision, with the following conditions:

1. Building permits shall be required for any new construction.

2. Erosion control shall be used when designing and constructing driveways. A form of sediment control shall be installed before work begins and maintained throughout the time that the land disturbing activities are taking place. Re-vegetation of all disturbed sites shall be completed within 45 days after completion of final grading weather permitting.

3. The applicant shall adhere to the following memorandums: a. Wayne Malnicof – County Surveyor, July 15, 2020 b. Mitch Pleak – Olsson Engineering, July 14, 2020

4. A waiver for the use of private septic systems within this subdivision is granted with this approval.

5. The applicant shall work with the water district, emergency management, and the fire district regarding the requirements for fire hydrants.

6. After approval of this subdivision by the Board of County Commission, all conditions listed shall be

adhered to and copies shall be provided to the Planning and Zoning Department within 30 days. Request The applicant is requesting a Replat of Lots 2 and 3 of Nine Mile Creek Subdivision. Adjacent Land Use The surrounding properties are residences and farms on varying sized parcels ranging from 1 acre to over 140 acres in size.


Flood Plain There are Special Flood Hazard Areas on the Eastern portions of Lots 1, 2, & 3 parcels per FEMA Firm Map 20103C0300G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Tonganoxie Water: RWD 13 Electric: Freestate Access/Streets The property is accessed by 246th Street. This road is a County Collector with a paved surface ± 22’ wide. Agency Comments See attached comments – Memo – Mitch Pleak – Olsson Engineering, July 14, 2020 See attached comments – Memo – Wayne Malnicof – County Surveyor, July 15, 2020 See attached comments – Memo – Chuck Magaha – Emergency Management, July 15, 2020 See attached comments – Memo – Timothy Smith –Tonganoxie Fire Department, July 30, 2020 See attached comments – Memo – Linda Lips – Rural Water District 13, July 30, 2020 See attached comments – Memo – Amanda Holloway – Freestate Electric, July 30, 2020 Findings

1. The proposed subdivision is consistent with the zoning district of RR 5; Rural Residential Zoning 5-acre minimum size parcels and meets the lot-depth to lot-width ratio of 3.5:1 or 4:1 (Proposed Lot 1 is over 40 acres and so is exempt from this policy), have the minimum frontage of 300’, Minimum lot size of 5 acres.

2. The property is not within a sewer district boundary or is within 660 feet of the incorporated limits of a

municipality; therefore, a waiver to the requirement of allowing private septic systems is supported by staff. A private sewage disposal permit may be issued per Leavenworth County Sanitary Code requirements.

3. The water district currently has adequate infrastructure to supply water to the lots within this

subdivision and also can provide fire protection.

4. The proposed subdivision is in accordance with the Comprehensive Plan.

Subdivision Classification Class “C”: Any subdivision in which all of the lots lie within the Rural Growth Area of Leavenworth County. Staff is supportive of a waiver of the requirement to connect to a sanitary sewer system as sanitary sewers are not located within 660’ of the subdivision. (See condition 4.)

Staff Comments This is a replat of Lots 2 & 3 of the original Nine Mile Creek Subdivision, as well as a previously unplatted parcel to the immediate south of what was Lot 3. All of which are owned by the applicant. Currently the shared entrance to both Lots 1 & 2 lies on the unplatted southern lot. The driveway is configured in this manner to avoid the flood zone. The proposed replat would change the names of the previous Lot 2 and Lot 3 to Lot 1 and Lot 2, and the unplatted lot to Lot 3. Proposed Lot 1 would become 148 acres, Lot 2 would become 10 acres, and Lot 3 would become 10 acres.


ACTION OPTIONS:

1. Approve Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with Findings of Fact, and with or without conditions; or

2. Deny Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with Findings

of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No.DEV-20-088/089, Preliminary and Final Plat for Nine Mile Creek Replat, with Findings of Fact; or


ATTACHMENTS: Aerial Map Memorandums Preliminary and Final Plat

wmalnicof

Callout

"LINE"

wmalnicof

Callout

LABEL AS "NW AND SW CORNERS OF LOT 1, NINE MILE CREEK SUBDIVISION"

wmalnicof

Arrow

wmalnicof

Callout

NOTE BK AND PG

wmalnicof

Text Box

SHOW ORIGINAL LOTS 2 & 3

wmalnicof

Callout

NOTE THAT CORNER FALLS IN LAKE

wmalnicof

Text Box

SUBMIT CLOSURE CALCULATIONS SUBMIT REFERNECE REPORTS NOTE AND SHOW LIKE ON THE PRELIMINARY PLAT THE ORIGINAL TRACTS AND UTILITY EASEMENTS AND WHAT IS HAPPENING WITH THE EASEMENTS WITH THIS PLAT

Provide Street Name

Olsson Review 07-14-20

1

Clements, Jared

From: Amanda Holloway <[email protected]>

Sent: Thursday, July 30, 2020 1:04 PM

To: Clements, Jared

Subject: Re: DEV-20-088 & 089 Replat of Nine Mile Creek

Notice: This email originated from outside this organization. Do not click on links or open attachments unless you trust the sender and know the content is safe.

FreeState Electric has no objection to this request. Thank you,

Amanda Holloway Member Account Coordinator

1-800-794-1989 | www.freestate.coop

From: "Clements, Jared" Date: Thursday, July 30, 2020 at 12:38 PM To: "'[email protected]'" , Amanda Holloway , "'[email protected]'" Subject: FW: DEV-20-088 & 089 Replat of Nine Mile Creek

Warning: This message originated outside of the FEC organization. Do not click links or open attachments unless you have validated the sender and know the content is safe. <="" span="">

The Leavenworth County Department of Planning and Zoning has received a request for a replat of Lots 2 & 3 of Nine Mile Creek Subdivision. The Planning Staff would appreciate your written input in consideration of the above request. Please review the attached information and forward any comments to us by August 7, 2020. If you have any questions or need additional information, please contact me at (913) 684-0465 or at [email protected]. Thank you, Jared Clements

Leavenworth County, KS

2,176.8

THIS MAP IS NOT TO BE USED FOR NAVIGATION

Feet2,176.80

Notes

Legend

1,088.41

1 in. = 1088ft.

This Cadastral Map is for informational purposes only. It does not purport torepresent a property boundary survey of the parcels shown and shall not be

used for conveyances or the establishment of property boundaries.

Parcel

City Limit Line

Major Road

<all other values>

70

Road

Railroad

Section

Section Boundaries

County Boundary

1

Leavenworth County Request for Board Action

Resolution 2020-27 Special Use Permit for Trinity Childcare Facility Date: September 2, 2020 To: Board of County Commissioners From: Planning & Zoning Staff



Action Requested: Approve Resolution 2020-27, a request for the renewal of a Special Use Permit for Trinity Childcare Facility. A special use permit for this facility was first granted in 2005 for five years, and then was renewed in 2010 for ten years. In 2014 they were granted a new Special Use Permit after making improvements to their facility. Analysis: In 2014 the church reconfigured their facilities to accommodate an additional 18 students (total of 110) and were granted a new special use permit for 6 years. Planning Commission Recommendation: The Planning Commission voted 8-0 (1 absent) to recommend approval of Case No. DEV-20-062 (Resolution 2020-27) renewal of a Special Use Permit for Trinity Childcare Facility. Alternatives:

1. Approve Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith Lutheran Church, with Findings of Fact, and with or without conditions; or

2. Deny Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith

Lutheran Church, with Findings of Fact, and with or without conditions; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith Lutheran Church, with Findings of Fact, and with or without conditions; or


Budgetary Impact: X Not Applicable



Additional Attachments: Staff Report, Planning Commission Minutes


***Renewal without changes*** Resolution 2020-27

Trinity Family of Faith Lutheran Church Special Use Permit – Childcare Facility


GENERAL INFORMATION: Applicant/ Trinity Family of Faith Lutheran Church Property Owner: 16928 Evans Road

Basehor, KS 66007

Legal Description: A tract of land in the East Half of the West Half of the South 30 acres of the Southwest Quarter of the Southeast Quarter of Section 9, Township 11 South, Range 22 East of the Sixth P.M., less that part used for road, in Leavenworth County, Kansas.

Parcel Size: ± 7.1 acres Zoning/Land Use: RR-2.5, Rural Residential 2.5-acre minimum size parcels Comprehensive Plan: This parcel is within the Low-Density Residential land use category. Parcel ID No.: 182-09-0-00-00-014.00

Planner: Jared Clements

REPORT: Planning Commission Recommendation: The Planning Commission voted on August 12th, 2020 to recommend approval of Resolution 2020-27, Special Use Permit for Trinity Family of Faith Lutheran Church, with the following conditions:

1. The SUP shall be limited to a period of twenty (20) years.

2. The business shall be limited to the hours of 6 am to 6 pm, Monday through Friday

3. The SUP shall be limited to 28 employees. 4. The applicant shall adhere to the following memoranda:

a. Chuck Magaha – Emergency Management, June 2, 2020 b. Mitch Pleak – Olsson, June 9, 2020

5. No signage is allowed in the right-of-way. No additional signage is requested with the SUP. All signage

shall comply with Article 25, Sign Regulations of the Leavenworth County Zoning and Subdivision Regulations.

6. No on-street parking shall be allowed.

7. The applicant shall provide a certificate of liability insurance for $1,000,000 per occurrence with

Leavenworth County listed as the policy holder. 8. This SUP shall be limited to the Narrative dated May 13, 2020 submitted with this application. 9. This SUP shall comply with all local, state, and federal rules and regulations that may be applicable. After

approval of this SUP by the Board of County Commission all conditions listed shall be adhered to and copies shall be provided to the Planning and Zoning Department within 30 days.


Request The applicant is requesting a renewal of a Special Use Permit for a childcare facility. This business has been in operation at its current capacity for 6 years and serves 110 children. Prior to that it had been in operation for 9 years serving 92 children. Adjacent Land Use The surrounding properties are residences and farms on varying sized parcels ranging from 1 acre to over 140 acres in size. Flood Plain There are no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0350G July 16, 2015. Utilities/Services Sewer: Lagoon permitted through Kansas Department of Health and Environment Fire: Fairmount Water: Suburban Electric: Evergy Access/Streets The property is accessed by Evans Road, a County collector with a chip & seal surface ± 24’ wide. Agency Comments See attached comments – Memo – Chuck Magaha – Emergency Management, June 2, 2020 See attached comments – Memo – Mitch Pleak – Olsson, June 9, 2020 Factors to be considered The following factors are to be considered by the Planning Commission and the Board of County Commission when approving or disapproving this Special Use Permit request:

1. Character of the neighborhood: The character of the neighborhood is rural; primarily single-family residences, and agricultural uses.

2. Zoning and uses of nearby property: The surrounding properties are zoned RR-2.5, Rural Residential 2.5-acre minimum size parcels. The uses are rural residences and agricultural.

3. Suitability of the property for the uses to which it has been restricted: The property is within an area suited for rural residences and agricultural use. The use is allowed with approval of a Special Use Permit.

4. Extent to which removal of the restrictions will detrimentally affect nearby property: The area will not likely be detrimentally affected for a number of reasons. The facility is located on a paved county collector road, so the traffic impacts of the employees and parents will be less detrimental. The noise pollution would only be that of children playing on the playground. Finally, the facility has been in operation for 15 years.

5. Length of time the property has been vacant as zoned: The property is not vacant. 6. Relative gain to economic development, public health, safety and welfare: The proposed use will

provide income for the applicant and a service to the parents of the surrounding community. 7. Conformance to the Comprehensive Plan: The Future Land Use Map indicates this area as suitable

for residential uses and this use is allowed with a SUP. 8. Staff recommendation is for the approval of Special Use Permit with conditions.

LOCATION Adjacent Residences Adjacent residences are rural-suburban uses. Most of the surrounding parcels

are over ten acres, with the exception of the Lee Chiles subdivision to the South and Ginger Creek Subdivision ½ mile to the East.

Adjacent Zoning/Uses Zoning in the area is RR-2.5 and are used primarily as rural residences and agricultural uses.

Density The area is not densely populated. Nearby City Limits The city of Basehor is approximately ½ of a mile to the East of the property.

IMPACT

Noise Pollution This use will not cause any additional noise pollution. Traffic The use will not create additional traffic.


SITE COMPATABILITY Size of Parcel The parcel is seven (7) acres in size. Zoning of Parcel The parcel is zoned Rural Residential-2.5 Buildings (Existing & Proposed)

The applicant has four structures on the property. The main building is approximately 50 x 100’.

Setbacks Existing building meet the required setbacks. Screening The building that houses the childcare facility is 300’ from the road way, and the

playground behind the building is surrounded by a chain-link fence. Staff Comments This is a renewal of an existing childcare facility. A special use permit for this facility was first granted in 2005 for five years, and then was renewed in 2010 for ten years. In 2014 the church reconfigured their facilities to accommodate an additional 18 students (total of 110) and were granted a new special use permit for 6 years.

ACTION OPTIONS:

1. Approve Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith Lutheran Church, with Findings of Fact, and with or without conditions; or

2. Deny Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith

Lutheran Church, with Findings of Fact, and with or without conditions; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020-27, Special Use Permit for a childcare facility for Trinity Family of Faith Lutheran Church, with Findings of Fact, and with or without conditions; or


ATTACHMENTS: Narrative Location/Aerial Maps Memorandums

Lighting The applicant does not have lighting other than security lighting and is not requesting lighting.

Parking The applicant has ample parking space for employees and visitors. Visitors/Employees Typically, twenty-eight (28) employees report to the site each day of the work

week, as well as the parents of the 110 children (many of whom are siblings).

Leavenworth County, KS

365.2


Feet365.20

Notes

Legend

182.61

1 in. = 183ft.



Address Point

Parcel Number

Lot Line

Parcel

City Limit Line

Major Road

<all other values>

70

Road

Railroad

Section

Section Boundaries

County Boundary

1

Clements, Jared

From: Mitch Pleak <[email protected]>

Sent: Tuesday, June 9, 2020 12:47 PM

To: Clements, Jared; Anderson, Lauren

Cc: 019-2831

Subject: RE: DEV-20-062 Trinity Daycare SUP Renewal


Jared, Good afternoon. Lauren checked the crash data for the last 3 years and there appears to be none near the site. Since the SUP is not changing much, PW doesn’t have no comments. Please note future SUP applications may require the applicant to provide additional studies for approval. Also, it should be noted with the additional occupancy, the applicant shall verify the capacities of the onsite sewer system with applicable code. Thanks,

Mitch Pleak, PE Project Engineer / Civil

D 913.748.2503

7301 W. 133rd Street, Suite 200 Overland Park, KS 66213 O 913.381.1170

Follow Us: Facebook / Twitter / Instagram / LinkedIn / YouTube

View Legal Disclaimer

From: Clements, Jared Sent: Tuesday, June 2, 2020 11:59 AM To: Magaha, Chuck ; Van Parys, David ; Anderson, Lauren ; Mitch Pleak ; Anderson, Kyle Subject: DEV-20-062 Trinity Daycare SUP Renewal The Department of Planning and Zoning has received an application for a special use permit renewal for Trinity Daycare, located at 16928 Evans Road, Basehor KS 66007 (PID: 182-09-0-00-00-014.00). Planning Staff would appreciate your written input in consideration of the above request. Please review the attached information and forward any comments to us by June 9, 2020.

Trinity Lutheran daycare amended June 2, 2020

MEMO

To: Jeff Joseph

From: Chuck Magaha

Subject: Trinity Lutheran Church day care

Date: July 10, 2020

Original:

Jeff, thank you for the opportunity to review the renewal of the special use permit of the

operations of a daycare submitted by John Lange, president of Trinity Lutheran Church. The

applicant should have submitted with the local fire department a site plan and evacuation plan for

the center. I would like to see a safety contingency plan that describes placement of children and

adults during severe weather events, and one that identifies hazardous material chemical shelter

in place plan in the event a transportation or farm accident of hazardous material occurs close to

the facility. This document should be placed on file filed within the Emergency Managements

office and one on site. The applicant would have to pursue the proper State permits to facilitate

a daycare. With these recommendations in place I see no reason why this daycare facility could

not operate at the given location. If you have any questions please feel free to contact me at 684-

0455.

Note: March 5, 2014

I have been in the facility and it is run very efficiently. The staff is caring and very

proactive. I see no reason not to allow the increase in students at the facility.

Chuck

Note:

I have no further comments, attached is from the original application and renewal.

Thanks

Chuck

1

Clements, Jared

From: David Novogradac <[email protected]>

Sent: Monday, June 22, 2020 12:04 PM

To: PZ

Subject: Trinity Lutheran Family


I am a close neighbor of Trinity Lutheran Church. I am writing in favor of support for this business. They are an asset to our community and have never caused any issues in our neighborhood. We are happy to support them in anyway we can. We are in favor of them receiving a special use permit for running a daycare. Thank you. David and Elizabeth Novo-Gradac 17235 Evans Rd Basenor KS 66007 816 898 3961

Page 1 of 2

RESOLUTION 2020-27 A resolution of the Leavenworth County Kansas Board of County Commission, issuing a Special Use Permit for a Childcare Facility – Trinity Childcare Facility on the following described property:

A tract of land in the East Half of the West Half of the South 30 acres of the Southwest Quarter of the Southeast Quarter of Section 9, Township 11 South, Range 22 East of the Sixth P.M., less that part used for road, in Leavenworth County, Kansas, more commonly known as 16928 Evans Road, Basehor, KS.

WHEREAS, it is hereby found and determined that a request for a Special Use Permit as described above was filed with the Secretary of the Leavenworth County Planning Commission, on the 13th day of April, 2020, and WHEREAS, it is hereby found that the Leavenworth County Planning Commission, after notice as required by law, did conduct a public hearing upon the granting of such request for a Special Use Permit on the 12th day of August, 2020; and WHEREAS, it is hereby found that the Leavenworth County Planning Commission, based upon specific findings of fact incorporated by reference herein, did recommend that the Special Use Permit be approved, subject to special conditions as set forth; and WHEREAS, the Board of County Commission considered, in session on the 2nd day of September, 2020, the recommendation of the Leavenworth County Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission of Leavenworth County, Kansas, that:

1. Based upon the recommendation and findings of fact of the Leavenworth County Planning Commission; and,

2. Based upon the findings of fact adopted by the Board of County Commission in regular session on the 2nd day of Septemeber, 2020, and incorporated herein by reference;

That Case No. DEV-20-062, Special Use Permit for a Childcare Facility – Trinity Childcare Facility approved subject to the following conditions:

1. The SUP shall be limited to a period of twenty (20) years.

2. The business shall be limited to the hours of 6 am to 6 pm, Monday through Friday

3. The SUP shall be limited to 28 employees. 4. The applicant shall adhere to the following memoranda:

a. Chuck Magaha – Emergency Management, June 2, 2020 b. Mitch Pleak – Olsson, June 9, 2020

5. No signage is allowed in the right-of-way. No additional signage is requested with the SUP. All signage

shall comply with Article 25, Sign Regulations of the Leavenworth County Zoning and Subdivision Regulations.


Page 2 of 2

7. The applicant shall provide a certificate of liability insurance for $1,000,000 per occurrence with Leavenworth County listed as the policy holder.

8. This SUP shall be limited to the Narrative dated May 13, 2020 submitted with this application. 9. This SUP shall comply with all local, state, and federal rules and regulations that may be applicable. After

approval of this SUP by the Board of County Commission all conditions listed shall be adhered to and copies shall be provided to the Planning and Zoning Department within 30 days.

Located in Section 9, Township 11 South, Range 22, also known as 16928 Evans Road, parcel no. 182-09-0-00-00-014.00 in Leavenworth County, Kansas.

Adopted this 2nd day of September, 2020 Board of County Commission Leavenworth, County, Kansas ______________________________ Doug Smith, Chairman

ATTEST ______________________________ Jeff Culbertson, Member ____________________________ ______________________________ Janet Klasinski Vicky Kaaz, Member

_____________________________ Chad Schimke, Member ______________________________ Mike Stieben, Member

1


Resolution 2020-28 Special Use B&G Automotive

Date: September 2, 2020 To: Board of County Commissioners From: Planning & Zoning Staff



Action Requested: Consider approval for Resolution 2020-28, a request for a Special Use Permit for an Automotive Repair Shop, B&G Automotive. Analysis: B&G Automotive is an auto repair shop located at the intersection of 167th & Olive Street in Basehor. The parcel on which the business is located is approximately two acres in size and is located within the Westbrook Subdivision. The driveway for the business is located on Olive Street, a local, interior subdivision road. The business consists of two full time employees and an occasional part-time employee. The applicants indicate they repair vehicles, including tire changes and repair, within the shop located on the west side of the home. Automotive fluids to be used on site include: oil, antifreeze, hydraulic oil and others typically seen in mechanic shops. The applicants indicate all oils are properly disposed of according to KDHE and OSHA requirements. The hours of operation are Monday-Friday from 8:00AM until 5:00PM. There is an existing shop on the property which is dedicated to the business. However, until very recently, it appears as though the business operations have not been wholly enclosed within the shop. Additionally, there have been numerous vehicles parked on the grass along the driveway as there does not appear to be a dedicated parking area for vehicles awaiting repair. The applicants have expressed a desire to find a location in a commercial district in the future. During the Planning Commissioner, the applicants confirmed that they plan to be in a commercial district within the next 3-5 years. Staff has the following concerns regarding the business:

1. The business is located in a fully-developed subdivision 2. The business is accessed by an internal subdivision road 3. The business activities do not appear to be wholly enclosed within the shop

Staff recommends denial of the application but offers conditions for approval. Planning Commission Recommendation: The Planning Commission voted 7-1 (1 absent) to recommend approval of Case No. DEV-20-090 (Resolution 2020-28) request for a Special Use Permit for B&G Automotive. Alternatives:

1. Approve Resolution 2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact, and with or without conditions; or

2

2. Deny Resolution 2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020 Resolution

2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact; or

4. Remand the case back to the Planning Commission. Budgetary Impact: X Not Applicable




DEV-20-090 SUP B&G Automotive

956.2


Feet956.20

Notes

Legend

478.09

1 in. = 478ft.



Parcel Number

Parcel

City Limit Line

Major Road

<all other values>

70

Road

Railroad

Section

Section Boundaries

County Boundary


Resolution 2020-028 Case No. DEV-20-090

B&G Automotive Special Use Permit –Automotive Repair


GENERAL INFORMATION: Applicant/ Ben Brassfield & Ray Brassfield Property Owner: 20271 167th Street

Basehor, KS 66007

Legal Description: Lot 24, Westbrook Subdivision, Phase No. 2, in Leavenworth County, Kansas.

Location: 20271 167th Street, the southwest corner of the intersection of Olive Street and 167th

Street

Parcel Size: ± 2.1 acres Zoning/Land Use: RR-2.5, Rural Residential 2.5-acre minimum size parcels Comprehensive Plan: This parcel is within the Low-Density Residential land use category. Parcel ID No.: 158-33-0-00-00-010.01

Planner: Krystal. A. Voth

REPORT:

Planning Commission Recommendation The Planning Commission voted 7-1 (1 member present) to recommend approval (against Staff recommendation) of DEV-20-090, Special Use Permit for an Automotive Repair business, B&G Automotive subject to the following conditions:

1. The SUP shall be limited to a period of three (3) years.

2. The business shall be limited to the hours of 8:00 AM until 5:30 PM Monday-Friday and 8:00 AM until 12:00PM Saturday.

3. The applicant shall pay a Traffic Impact Fee (TIF) of $1,384.82.

4. The SUP shall be limited to two full-time employees and one part-time employee.

5. The applicant shall update the site plan to indicate a designated parking area. The parking area shall be

sized for not more than five (5) vehicles. All vehicles shall be either contained within the shop or on the designated parking area.

6. There shall be no storage of parts or junk vehicles outside.

7. All floor drains connected to the septic system shall be capped or plugged. Other drains shall collect all

automotive fluids for proper disposal.

8. There shall be no on-site retail sales.

9. The applicant shall adhere to the following memorandums: a. Lauren Anderson – Public Works, July 20, 2020 b. Chuck Magaha – Emergency Management, July 15, 2020


10. No signage is allowed in the right-of-way. No signage is requested with the SUP. All signage shall comply with Article 25, Sign Regulations of the Leavenworth County Zoning and Subdivision Regulations.


12. This SUP shall be limited to the Narrative dated June 25, 2020 submitted with this application.

13. This SUP shall comply with all local, state, and federal rules and regulations that may be applicable.

After approval of this SUP by the Board of County Commission all conditions listed shall be adhered to and copies shall be provided to the Planning and Zoning Department within 30 days.

Request The applicant is requesting a Special Use Permit for an automotive repair business, B&G Automotive Repair. Adjacent Land Use The surrounding properties and uses are rural-suburban. There are approximately 35 residential properties within a 1,000’ radius. Flood Plain There are no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0239G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Fairmount Township Water: RWD 1 – Consolidated Electric: Evergy Access/Streets The business appears to be accessed by Olive Street, a County Local – Subdivision Road with a hard surface approximately 25 feet wide. Agency Comments See attached comments – Memo – Lauren Anderson – Public Works, July 20, 2020 See attached comments – Memo – Chuck Magaha – Emergency Management, July 16, 2020 See attached comments – Memo –Mike Lingenfelser – Fairmount Township Fire Department, July 14, 2020 Factors to be considered The following factors are to be considered by the Planning Commission and the Board of County Commission when approving or disapproving this Special Use Permit request:

1. Character of the neighborhood: The neighborhood is primarily a rural-subdivision neighborhood. There are approximately 35 homes within a 1,000’ radius. The business is located on a local, internal subdivision road. The area has been developed as a rural-subdivision.

2. Zoning and uses of nearby property: Surrounding properties are located within the Westbrook

Subdivision. The majority of residences are located on parcels between two and three acres. The zoning of the property is RR2.5.

3. Suitability of the property for the uses to which it has been restricted: The property is suited for rural

subdivision residential uses. While the proposed use is allowed with a Special Use Permit, the property is not well-suited for an automotive repair shop for the following reasons:

a. The subject property is two-acres in size as are all adjacent and adjoining properties. b. The nature of the business will create additional traffic. c. The nature of the business will create additional noise.

4. Extent to which removal of the restrictions will detrimentally affect nearby property: Removal of

restrictions is likely to detrimental impact nearby properties due to the increase in traffic and noise. The business, which has been operating without a Special Use Permit, is located on an internal, local road within a developed subdivision. The business receives several deliveries each day from auto-parts stores. Furthermore, there is an increase in the amount of traffic from the vehicles that are being dropped off for repair. Staff has visited the site and has determined that to date, the operations have


not been contained within the shop dedicated to the repair of vehicles. Further, the applicant states they also perform repairs for the Basehor-Linwood School District which may include the repair of busses and other large vehicles. The nature of the business is impacting the character of the neighborhood.

5. Length of time the property has been vacant as zoned: The property is not vacant. The parcel has been

developed as a single-family residence.

6. Relative gain to economic development, public health, safety and welfare: The proposed use provides income for the applicant.

7. Conformance to the Comprehensive Plan: The Future Land Use Map indicates this area as Low

Density Residential.

8. Staff recommendation is for the denial of Special Use Permit. Staff Analysis

LOCATION Adjacent Residences The residences in the immediate area are located within the Westbrook

Subdivision Within a 1,000’ radius, there are approximately 35 single-family residences.

Adjacent Zoning/Uses Zoning in the area is RR-2.5 and are used primarily as rural residences.

Density The area neighborhood has been fully developed as a rural subdivision and all lots within the Westbrook have been developed as residential properties.

Nearby City Limits The city of Basehor is approximately ¾ of a mile to the east.

Initial Growth Management Area

The property is not located within an Initial Growth Management Area.

IMPACT Noise Pollution The proposed use causes an increase in noise due to the nature of the business.

Traffic Customers regularly bring vehicles to the location for repair. Additionally, auto-parts delivery stores make daily deliveries. Given the location of the business on a local, subdivision road, the increase in traffic is significant.

Lighting The applicant does not have lighting other than security lighting and is not requesting lighting.

Outdoor Storage Until recently, there were several cars stored outside awaiting repair.

Parking The property does not currently have appropriate parking for customers and vehicles awaiting repair. Many vehicles, up to six at one time, have been located on the grass while awaiting repair.

Visitors/Employees The business consists of two employees, the property owner and his son. The applicant states they have a “large number of customers.” Based upon conversations with the applicant and a site visit, Staff estimates approximately six to seven customers on average per day.

Waste Typical waste associated with automotive repair services such as oils, brake fluid and occasionally tires is generated. The applicant states they properly dispose of these materials.


SITE COMPATABILITY Size of Parcel The parcel is two (2) acres in size.

Zoning of Parcel The parcel is zoned Rural Residential-2.5

Buildings (Existing & Proposed)

The applicant has a shop on the property that is approximately 40x42. The repair of vehicles takes place within the shop. There are also vehicles stored within the shop.

Setbacks Existing building meet the required setbacks.

Screening There is no screening located on the property.

Site Visit Staff has visited the site several times over the last two months. The vehicles have been removed from the property and now appear to be totally stored within the building. Complaints Staff has received one formal complaint regarding the business. Staff Comments B&G Automotive is an auto repair shop located at the intersection of 167th & Olive Street in Basehor. The parcel on which the business is located is approximately two acres in size and is located within the Westbrook Subdivision. The driveway for the business is located on Olive Street, a local, interior subdivision road. The business consists of two full time employees and an occasional part-time employee. The applicants indicate they repair vehicles, including tire changes and repair, within the shop located on the west side of the home. Automotive fluids to be used on site include: oil, antifreeze, hydraulic oil and others typically seen in mechanic shops. The applicants indicate all oils are properly disposed of according to KDHE and OSHA requirements. The hours of operation are Monday-Friday from 8:00AM until 5:00PM. There is an existing shop on the property which is dedicated to the business. However, until very recently, it appears as though the business operations have not been wholly enclosed within the shop. Additionally, there have been numerous vehicles parked on the grass along the driveway as there does not appear to be a dedicated parking area for vehicles awaiting repair. The applicants have expressed a desire to find a location in a commercial district in the future. Staff has the following concerns regarding the business:

1. The business is located in a fully-developed subdivision 2. The business is accessed by an internal subdivision road 3. The business activities do not appear to be wholly enclosed within the shop

Staff recommends denial of the application but offers the following conditions for approval.

ACTION OPTIONS:

1. Approve Resolution 2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact, and with or without conditions; or

2. Deny Resolution 2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020 Resolution 2020-28, Special Use Permit Automotive Repair, B&G Automotive, with Findings of Fact; or


ATTACHMENTS: Narrative Location/Aerial Maps Memorandums

1

Voth, Krystal

From: Anderson, Lauren

Sent: Monday, July 20, 2020 9:07 AM

To: Voth, Krystal

Cc: Noll, Bill

Subject: FW: DEV-20-090 Special Use Permit for B & G Automotive

Importance: High

Please see below for Public Works comment on the SUP mentioned in the subject line of this email. The applicant has mentioned “parts deliveries from Oreilly AUTO PARTS and numerous dealerships several times a day” as well as tire deliveries and servicing Basehor School District, USD 458. This suggests a possible significant increase of non-passenger vehicle trips on the current residential roads, not meant for heavy vehicle traffic. We do not have record of any entrance permits for this property. The far west entrance leading to the shop does not meet current spacing requirements between it and the neighboring entrance further to the west. If the SUP is granted, the entrance would need to be relocated to meet local roadway entrance spacing (125’ between all drives, 100’ corner clearance from intersection, 50’ from ROW, 5’ from property line). No cars or personal property will be stored or parked on roadway or within public right-of-way. Thank you, Lauren

From: Mitch Pleak <[email protected]> Sent: Wednesday, July 15, 2020 3:42 PM To: Anderson, Lauren <[email protected]> Subject: FW: DEV-20-090 Special Use Permit for B & G Automotive Notice: This email originated from outside this organization. Do not click on links or open attachments unless you trust the sender and know the content is safe.

Lauren, As discussed, you will provide the review and comments on this SUP. Olsson gets a pass. Thanks, Mitch

Mitch Pleak, PE Project Engineer / Civil

D 913.748.2503

7301 W. 133rd Street, Suite 200 Overland Park, KS 66213 O 913.381.1170

Leavenworth County Planning & Zoning Department

300 Walnut, Suite 212 Leavenworth, Kansas 66048

To: Krystal Voth

Director From: Kyle Anderson Environmental Tech/Code Enforcement Date: July 20, 2020 RE: Ben Brassfield B&G Automotive Case DEV-20-090, Special Use Permit

18090 Evans Road Basehor, KS 66086 PID# 158-33-0-00-00-010.01

Our department received the application for a Special Use Permit for B&G Automotive

on 06/25/2020, located at the above listed location.

To date, I have received one complaint on this property. The neighbor let us know there

was over 20 cars parked on the property. After a site check it appeared a repair

business was being run on the property. When I sent a letter to him advising him to

contact us he called immediately to make sure he got the process started to become

compliant with Leavenworth County Subdivision and Zoning Regulations.

Thank you,

Kyle Anderson [email protected]

mailto:[email protected]

1

Sloop, Stephanie

From: Tyler Rebel <[email protected]>Sent: Friday, July 10, 2020 1:52 PMTo: Sloop, StephanieSubject: RE: DEV-20-090 Special Use Permit for B & G Automotive


Internal Use Only

No comment, thank you Tyler Rebel | Distribution Designer evergy [email protected] 913.758.2727 evergy.com

From: Sloop, Stephanie <[email protected]> Sent: Friday, July 10, 2020 12:59 PM Subject: DEV-20-090 Special Use Permit for B & G Automotive

**CAUTION: This email originated from outside of the Evergy network. Do not click links or open attachments unless you recognize the sender and know the content is safe**

Good Afternoon, The Department of Planning and Zoning has received an application for a Special Use Permit regarding an automotive repair business. The Planning Staff would appreciate your written input in consideration of the above request. Please review the attached information and forward any comments to us by 7/17/2020. If you have any questions or need additional information, please contact me at (913) 684-0465 or at [email protected]. Thank you, Stephanie Sloop Public Relations and Planning Coordinator Planning and Zoning Leavenworth County Courthouse 300 Walnut St. Ste. 212 Leavenworth. KS 66048 (913) 364-5750 ph

2

Follow Us: Facebook / Twitter / Instagram / LinkedIn / YouTube

View Legal Disclaimer

From: Sloop, Stephanie <[email protected]> Sent: Friday, July 10, 2020 2:27 PM Subject: RE: DEV-20-090 Special Use Permit for B & G Automotive Here is the correct attachment.

From: Sloop, Stephanie Sent: Friday, July 10, 2020 12:59 PM Subject: DEV-20-090 Special Use Permit for B & G Automotive Good Afternoon, The Department of Planning and Zoning has received an application for a Special Use Permit regarding an automotive repair business. The Planning Staff would appreciate your written input in consideration of the above request. Please review the attached information and forward any comments to us by 7/17/2020. If you have any questions or need additional information, please contact me at (913) 684-0465 or at [email protected]. Thank you, Stephanie Sloop Public Relations and Planning Coordinator Planning and Zoning Leavenworth County Courthouse 300 Walnut St. Ste. 212 Leavenworth. KS 66048 (913) 364-5750 ph

1

Sloop, Stephanie

From: Mike Lingenfelser <[email protected]>

Sent: Tuesday, July 14, 2020 2:33 PM

To: Sloop, Stephanie

Subject: Re: DEV-20-090 Special Use Permit for B & G Automotive


Stephanie Fairmount Township Fire Department has no issues with the special use permit. Mike Lingenfelser, Fire Chief Fairmount Fire Department PO Box 136 Basehor, KS 66007 Phone: 913 724-4911 or 913 306-0258 On Fri, Jul 10, 2020 at 2:27 PM Sloop, Stephanie <[email protected]> wrote:

Here is the correct attachment.

From: Sloop, Stephanie Sent: Friday, July 10, 2020 12:59 PM Subject: DEV-20-090 Special Use Permit for B & G Automotive

Good Afternoon,

The Department of Planning and Zoning has received an application for a Special Use Permit regarding an automotive repair business.

The Planning Staff would appreciate your written input in consideration of the above request. Please review the attached information and forward any comments to us by 7/17/2020.

If you have any questions or need additional information, please contact me at (913) 684-0465 or at [email protected].

Thank you,

B&G automotive Brassfield 2020

MEMO

To: Krystal Voth

From: Chuck Magaha

Subject: B&G Automotive

Date: July 16, 2020

Krystal, I have reviewed the special use permit for the operation of the Automotive repair

submitted by Ben Brasfield for B&G Automotive. I would ask that a sign within in the

shop/resident be posted stating emergency procedures in the event of severe weather, fire or

medical emergency events for employee identification even though he is a small shop he might

need to expand. A weather alert radio should be required at the site to alert of severe weather. A

sign posted on the outside of the building or facility for emergency contacts for responders to

make contact in the event an emergency should occur after hours. The proper disposal of used

automotive/equipment fluids should be addressed by the applicant which, Mr. Brassfield should

have on file at the Planning and Zoning office and Emergency Management Office. No burning

of debris should be allowed nor brought in from off site. I have no further comments at this time.

If you have any questions please call me at 684-0455.

<TAXPAYER_NAME> <DBA_NAME>

ISSUE DATE <ISSUE_DT>

TRANSACTION ID CONFIRMATION NUMBER <TRANS_ID> <CONFIRM_NUM>

TAX CLEARANCE VALID THROUGH <EXPIRE_DT> Verification of this certificate can be obtained on our website, www.ksrevenue.org,

or by calling the Kansas Department of Revenue at <Contact_Num>

07/14/2020

Mark A. Burghart, Secretary

www.ksrevenue.org

T8G5-PM5D-GRXD

785-296-3199

Laura Kelly, Governor

10/12/2020

C2H6-PFXC-25FB

B & G AUTOMOTIVE LLC

1

Voth, Krystal

From: Cochran, Jeri <[email protected]>

Sent: Tuesday, August 4, 2020 9:13 AM

To: PZ

Subject: Special Use Permit B&G Automotive


To Whom It May Concern: I am writing on behalf of B&G Automotive concerning public comment in favor of B&G Automotive being allowed to continue business at their current address of 20271 167th Street. My husband and I reside at 20325 168th Street. We do not have any problem with the amount of traffic or the number of cars that are located at the business site. We have not had any problems with traffic or any other concerns. In fact, we feel it is a safety asset to have a small business with traffic in our neighborhood as we are at work each day. We have never been inconvenienced by B&G being located in our neighborhood. I hope that the council rules in favor of allowing B&G Automotive to continue their business moving forward and approving their Special USe Permit request. Thank you for your consideration in this matter. Jeri Cochran -- Jeri Cochran Bonner Springs Head Start Director 913-441-2828

1

Voth, Krystal

From: kyle kuttler <[email protected]>

Sent: Wednesday, July 29, 2020 2:37 PM

To: PZ

Subject: special use permit (DEV-20-090)


I am writing this email in support of Gus and Ben. The shop is no problem. They need to be able to make a living and if it goes on in the shop on the property that is ok with me. Gus is a good neighbor and he and Ben do good work on vehicles. I want it to be known as long as the yard isn't completely full of vehicles. I am in full support of Gus and Ben. I also have no problem with Scotts Engine which is across the road to the north. Thank you for your time Kyle Kuttler 20189 167st

1

Sloop, Stephanie

From: [email protected]

Sent: Monday, August 10, 2020 7:06 PM

To: PZ

Subject: Brassfield Permit Issue


I’m a next door neightor he says he is doing what says he will keep the cars to a small amount I do not hear him when he is open to work it is nice to have a person. In the area that you can truth to work on your vechicle when you have trouble t think they doing what they said they would do I support them very well. James Mcafee 20229 167 street Bashor Ks 66007

Sent from AOL Mobile Mail Get the new AOL app: mail.mobile.aol.com

1

Sloop, Stephanie

From: Barbara Brown <[email protected]>

Sent: Monday, August 10, 2020 6:54 PM

To: PZ

Subject: Re: Brassfield Special Permit

Notice: This email originated from outside this organization. Do not click on links or open attachments unless you trust the sender and know the content is safe. I’m a close neighbor of Mr. Brassfield. In the past he has had an abundance of vehicles parked around his home. It was quite unsightly. A few weeks ago he began cleaning it up & currently is keeping just a few cars by his working garage. I have no problem with him maintaining his business there as long as he keeps the number of cars at a minimum. There has never been a noise issue. He’s a good & kind neighbor. Sorry for the late response but I’ve been on an extended vacation. Barbara Brown 20229 167th Sent from my iPhone

1

Sloop, Stephanie

From: Friesen, Andy [KDWPT] <[email protected]>

Sent: Tuesday, August 11, 2020 11:27 AM

To: PZ

Subject: B&G Automotive, Auto Repair - Special Permit Hearing


I would like to take this opportunity to weigh in on the Public Hearing for the B&G Automotive, Auto Repair application for a Special Use Permit. I am in "Total Support" for granting this Special Use Permit for these individuals. Gus and an Ben are "Stand Up People", Hard Workers and Great Friends. I am in full support of allowing them to continue to provide a much "Needed and Essential" service to the Basehor Community. It's very difficult these days to find auto mechanics that truly have your best interest at heart when making diagnostic decisions about your automobiles. Gus and Ben go out of their way to work vehicles into their already busy schedules and are constantly trying to make the "necessary repairs" as affordable as possible while still trying to make a living. I'm concerned that this has become such an "issue". Everything was going along fine with there work\business, until something happened. I want to support this business\operation as much as I can. I live right across the street at 20314 167th St. diagonally from this location and have "Absolutely No Problem" with them running their business like they have been doing, just trying to make an living, especially in these uncertain times. Please support this business, by granting them the Special Use Permit. Thank You for your time and consideration in this process and for allowing me to express my view point. Again, it seems real unfortunate the someone had to make this "their business" when it was not causing any issues. We all get delivery trucks often times bringing "stuff" to our personal houses throughout the day and "apparently" that's OK. This is no different. In addition, we are all not part of a Homes Association and that's why we all moved out here to begin with. Again, Please Support Granting this Special Use Permit to my Good Friends - Gus and Ben. Thank You. Take Care and Enjoy the Day Andrew Friesen District Wildlife Biologist Kansas Dept. of Wildlife, Parks and Tourism 8304 Hedge Lane Terrace Shawnee, Kansas 66227 (913) 422-1314 Ext. 110 [email protected]

Page 1 of 2

RESOLUTION 2020-28

A resolution of the Leavenworth County Kansas Board of County Commission, issuing a Special Use

Permit for an automotive repair shop– B&G Automotive on the following described property:

Lot 24, Westbrook Subdivision, Phase No. 2 in Leavenworth County, Kansas, also known as 20271

167th Street, Leavenworth, Kansas 66048.

WHEREAS, it is hereby found and determined that a request for a Special Use Permit as described above

was filed with the Secretary of the Leavenworth County Planning Commission, on the 25th day of June,

2020, and

WHEREAS, it is hereby found that the Leavenworth County Planning Commission, after notice as required

by law, did conduct a public hearing upon the granting of such request for a Special Use Permit on the 12th

day of August, 2020; and

WHEREAS, it is hereby found that the Leavenworth County Planning Commission, based upon specific

findings of fact incorporated by reference herein, did recommend that the Special Use Permit be approved,

subject to special conditions as set forth; and

WHEREAS, the Board of County Commission considered, in session on the 2nd day of September, 2020, the

recommendation of the Leavenworth County Planning Commission.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission of Leavenworth County,

Kansas, that:

1. Based upon the recommendation and findings of fact of the Leavenworth County Planning

Commission; and,

2. Based upon the findings of fact adopted by the Board of County Commission in regular session on the

2nd day of September, 2020, and incorporated herein by reference;

That Case No. DEV-20-090, Special Use Permit for an Automotive Repair Shop – B&G Automotive

approved subject to the following conditions:

1. The SUP shall be limited to a period of three (3) years.

2. The business shall be limited to the hours of 8:00 AM until 5:30 PM Monday-Friday and 8:00 AM until

12:00PM Saturday.

3. The applicant shall pay a Traffic Impact Fee (TIF) of $1,384.82.

4. The SUP shall be limited to two full-time employees and one part-time employee.

5. The applicant shall update the site plan to indicate a designated parking area. The parking area shall be

sized for not more than five (5) vehicles. All vehicles shall be either contained within the shop or on the

designated parking area.

6. There shall be no storage of parts or junk vehicles outside.

7. All floor drains connected to the septic system shall be capped or plugged. Other drains shall collect all

automotive fluids for proper disposal.

Page 2 of 2

8. There shall be no on-site retail sales.

9. The applicant shall adhere to the following memorandums:

a. Lauren Anderson – Public Works, July 20, 2020

b. Chuck Magaha – Emergency Management, July 15, 2020

10. No signage is allowed in the right-of-way. No signage is requested with the SUP. All signage shall

comply with Article 25, Sign Regulations of the Leavenworth County Zoning and Subdivision

Regulations.


12. This SUP shall be limited to the Narrative dated June 25, 2020 submitted with this application.

13. This SUP shall comply with all local, state, and federal rules and regulations that may be applicable. After

approval of this SUP by the Board of County Commission all conditions listed shall be adhered to and

copies shall be provided to the Planning and Zoning Department within 30 days.

located in Section331, Township 10 South, Range 22, also known as 20271 167th Street,

parcel no. 158-33-0-00-00-010.01 in Leavenworth County, Kansas.

Adopted this 2nd day of September, 2020

Board of County Commission

Leavenworth, County, Kansas

______________________________

Doug Smith, Chairman

ATTEST ______________________________

Jeff Culbertson, Member

____________________________ ______________________________

Janet Klasinski Vicky Kaaz, Member

_____________________________

Chad Schimke, Member

______________________________

Mike Stieben, Member

1


Resolution 2020-29 Proposed Amendment to the 2006 Leavenworth County Zoning and Subdivision

Regulations – Article 43

Date: September 2, 2020 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Krystal Voth, Reviewed

Additional Reviews as needed:


Action Requested: Consider approval of Resolution 2020-29 an amendment to the Zoning and Subdivision Regulations to add Article 43 – Cross Access Easements.

Analysis: This is a request to consider a proposed amendment to the 2006 Leavenworth County

Zoning and Subdivision Regulations. Proposed amendment is to add Article 43, Cross Access Easement to the Zoning and Subdivision Regulations. This amendment is the result of direction from the Board of County Commissioners to allow private roads within the unincorporated areas of Leavenworth County. While this policy will allow for the development of private cross access-easements, these easements in no way will be maintained by Leavenworth County. The proposed amendment will apply to private roads which service three homes or more. Recommendation: The Planning Commission voted 6-1 (1 abstain, 1 absent) to recommend denial of Case No. DEV-20-080 (Resolution 2020-29) Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations – Article 43 – Cross Access Easements. The Planning Commission stated their reasons for denial were primarily due to the lack of design and safety criteria. In order to overturn the Planning Commission’s Recommendation, a 2/3 vote is required. Alternatives:

1. Approve Resolution 2020-29 Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations – Article 43 – Cross Access Easements, with Findings of Fact, and with or without conditions; or

2. Deny Resolution 2020-29 Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations – Article 43 – Cross Access Easements, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020-29 Amendment

to the 2006 Leavenworth County Zoning and Subdivision Regulations – Article 43 – Cross Access Easements, with Findings of Fact; or


Budgetary Impact:

X Not Applicable Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested

Total Amount Requested:

2

$0.00



Resolution 2020-29 Proposed Amendment to the 2006 Leavenworth County Zoning and

Subdivision Regulations Staff Report – Board of County Commissioners September 2, 2020

GENERAL INFORMATION:

Applicant: Leavenworth County Planning and Zoning Department

Planner: Krystal A. Voth

REQUEST:

Planning Commission Recommendation

The Planning Commission voted 6-1 (1 abstain, 1 absent) to recommend denial of Case No. DEV-20-080

(Resolution 2020-29) Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations –

Article 43 – Cross Access Easements. The Planning Commission stated their reasons for denial were

primarily due to the lack of design and safety criteria. In order to overturn the Planning Commission’s

Recommendation, a 2/3 vote is required.

Background

Case No. DEV-20-080 was brought before the Planning Commission on July 15, 2020. At that time, the

Commission requested Staff to provide development and design criteria for Cross Access Easements. Staff

has considered the request. However, based upon clear direction from the Board of County Commissioners,

Staff offers no criteria for development and design for Cross Access Easements. The Planning Commission,

at their discretion, may recommend approval of the text amendment for Cross Access Easements, may

recommend denial of the text amendment for Cross Access Easements or may specifically provide criteria

for the text amendment for Cross Access Easements.

This is a request to consider a proposed amendment to the 2006 Leavenworth County Zoning and

Subdivision Regulations. Proposed amendment is to add Article 43, Cross Access Easement to the Zoning

and Subdivision Regulations. This amendment is the result of direction from the Board of County

Commissioners to allow private roads within the unincorporated areas of Leavenworth County. While this

policy will allow for the development of private cross access-easements, these easements in no way will be

maintained by Leavenworth County. The proposed amendment will apply to private roads which service

three homes or more.

ARTICLE 43 – CROSS ACCESS EASEMENTS

Section 1. OVERVIEW

The purpose of this policy is to allow an administrative approval procedure for divisions of land to

accommodate rural residential development within Leavenworth County where it is not desired by the

applicant to build internal roads to County Standards. These developments shall be known as “Cluster

Development” and they shall be accompanied by a subdivision plat in accordance with the Leavenworth

County Zoning and Subdivision Regulations. These developments should be thoughtfully considered and

should give forethought to future development.

Section 2. PROCEDURES

1. Cross Access Easements shall accompany a request for a subdivision development which shall be

known as “Cluster Development.” The subdivision plat shall be subject to the requirements of the

zoning district set forth in the Leavenworth County Zoning and Subdivision Regulations.

a. Parcels located within a Cluster Development shall be subject to the zoning district

requirements for lot area and lot frontage in which the tract of land is located.


b. Parcels which are located within a Cluster Development shall be serviced by a “Cross Access

Easement.” A Cross Access Easement shall provide access to each lot within a cluster

development, but will in no way be considered a public, county-maintained road.

c. Lots within Cluster Developments shall be situated so that all lots are accessed by the cross-

access easement. Cross access easements shall be subject to the Leavenworth County Access

Management policy requirements for driveway spacing.

d. Cluster Developments with cross access easements shall not be permitted within 660’ of an

incorporated city

2. The cross access easement shall be established by separate legal instrument and shall be recorded

with the Leavenworth County Register of Deeds. A separate restrictive covenant that encompasses,

by legal description, the entire development must be filed in conjunction with the easement. The

covenant shall clearly state that maintenance of the cross access easement is the sole responsibility of

the developer and/or the future property owners of the properties the CAE provides access to. The

covenant shall clearly state the cross access easement is not a public right-of-way and will in no way

be maintained by the County.

3. If any portion of the development lies within a FEMA designated regulatory floodplain, or if

drainage channel or swales exist on the development that carry runoff from adjacent property, the

FEMA designated regulatory floodplain, channel or swale shall be protected by grant of an easement

according to the same standards that apply to typical subdivisions. Maintenance of the drainage

easement shall be the responsibility of the property owner.

Section 3. ACCESS AND ROAD STANDARDS

1. A cluster development with an access easement shall have direct access to a fully maintained public

road.

2. Only one access point shall be allowed for the entire development.

3. When established as part of a cluster development, the road and drainage plans submitted to County

Staff shall be prepared and sealed by an engineer licensed in the State of Kansas.

4. There will be no consideration by the County to assume responsibly of the cross access easement

until the cross access easement is built to the current County standard in place at the time the request

is made to accept the roadway. Any improvements or upgrades will be the sole responsibility of the

developer and/or the owners of the properties being accessed by the CAE.

Section 4. AMENDMENTS TO THE DEVELOPMENT

1. Any further division for development purposes is prohibited until an amended Replat is approved by

the Governing Body and recorded with the Register of Deeds.

STAFF RECOMMENDATION:

Staff recommends approval of Case No.DEV-20-080, proposed amendment to add Article 43- Cross Access

Easements, to the 2006 Leavenworth County Zoning and Subdivision Regulations.

ACTION OPTIONS:

1. Approve Resolution 2020-29 Amendment to the 2006 Leavenworth County Zoning and Subdivision

Regulations – Article 43 – Cross Access Easements, with Findings of Fact, and with or without

conditions; or


2. Deny Resolution 2020-29 Amendment to the 2006 Leavenworth County Zoning and Subdivision

Regulations – Article 43 – Cross Access Easements, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Resolution 2020-29 Amendment to

the 2006 Leavenworth County Zoning and Subdivision Regulations – Article 43 – Cross Access

Easements, with Findings of Fact; or


1

Sloop, Stephanie

From: David Lutgen <[email protected]>

Sent: Tuesday, August 11, 2020 4:41 PM

To: PZ

Subject: Case No. Dev-20-080 Private Roads


Please share my questions/comments with the planning commission members. It does not look like anything has changed since the July meeting. Why is this back on the PC agenda? Didn't the PC want the BOCC to come up with standards for private roads to be constructed to? This item has been before the PC at least four or five times. It continues to get rejected for the same reason. No construction standards are provided. Why is it back again with no construction standards? Why is the Public Works Dept unable to provide standards? Why is the County's contracted County Engineer unable to provide construction standards? Who is pushing for private streets to be allowed in Leavenworth County? Has anybody on the PC, the PZ staff, or the PW staff spoken to a property owner who lives on a private road in LV County? I have. Numerous times. And I never spoke with a single one that was happy that they lived on a private road. The story was always the same. We cannot afford to maintain the road. We did not know what we were getting into when we bought the property. Construction standards are not just what the surface of the road is made of. It is much more than saying a gravel road, an asphalt road, etc. Standards include such things as design speed, minimum and maximum grades, cross slopes, horizontal and vertical curve requirements, culvert design storm. As a PC member I think that you should feel insulted that you have rejected this item multiple times and staff continues to waste your time bringing it back without including the standards that you asked for. Thank you, David Lutgen

Page 1 of 3

RESOLUTION 2020-29

A resolution of the Leavenworth County Kansas Board of County Commission, to amend the

following articles of the 2006 Zoning and Subdivision Regulations:

ARTICLE 43 – CROSS ACCESS EASEMENTS

Section 1. OVERVIEW

The purpose of this policy is to allow an administrative approval procedure for divisions of land to accommodate rural

residential development within Leavenworth County where it is not desired by the applicant to build internal roads to

County Standards. These developments shall be known as “Cluster Development” and they shall be accompanied by a

subdivision plat in accordance with the Leavenworth County Zoning and Subdivision Regulations. These

developments should be thoughtfully considered and should give forethought to future development.

Section 2. PROCEDURES

1. Cross Access Easements shall accompany a request for a subdivision development which shall be known as

“Cluster Development.” The subdivision plat shall be subject to the requirements of the zoning district set

forth in the Leavenworth County Zoning and Subdivision Regulations.

a. Parcels located within a Cluster Development shall be subject to the zoning district requirements for

lot area and lot frontage in which the tract of land is located.

b. Parcels which are located within a Cluster Development shall be serviced by a “Cross Access

Easement.” A Cross Access Easement shall provide access to each lot within a cluster development,

but will in no way be considered a public, county-maintained road.

c. Lots within Cluster Developments shall be situated so that all lots are accessed by the cross-access

easement. Cross access easements shall be subject to the Leavenworth County Access Management

policy requirements for driveway spacing.

d. Cluster Developments with cross access easements shall not be permitted within 660’ of an

incorporated city

2. The cross access easement shall be established by separate legal instrument and shall be recorded with the

Leavenworth County Register of Deeds. A separate restrictive covenant that encompasses, by legal

description, the entire development must be filed in conjunction with the easement. The covenant shall clearly

state that maintenance of the cross access easement is the sole responsibility of the developer and/or the future

property owners of the properties the CAE provides access to. The covenant shall clearly state the cross

access easement is not a public right-of-way and will in no way be maintained by the County.

3. If any portion of the development lies within a FEMA designated regulatory floodplain, or if drainage channel

or swales exist on the development that carry runoff from adjacent property, the FEMA designated regulatory

floodplain, channel or swale shall be protected by grant of an easement according to the same standards that

apply to typical subdivisions. Maintenance of the drainage easement shall be the responsibility of the property

owner.

Section 3. ACCESS AND ROAD STANDARDS

1. A cluster development with an access easement shall have direct access to a fully maintained public road.

2. Only one access point shall be allowed for the entire development.

Page 2 of 3

3. When established as part of a cluster development, the road and drainage plans submitted to County Staff

shall be prepared and sealed by an engineer licensed in the State of Kansas.

4. There will be no consideration by the County to assume responsibly of the cross access easement until the

cross access easement is built to the current County standard in place at the time the request is made to accept

the roadway. Any improvements or upgrades will be the sole responsibility of the developer and/or the

owners of the properties being accessed by the CAE.

Section 4. AMENDMENTS TO THE DEVELOPMENT

1. Any further division for development purposes is prohibited until an amended Replat is approved by the

Governing Body and recorded with the Register of Deeds.

WHEREAS, it is hereby found that the Leavenworth County Planning Commission, after notice as

required by law, did conduct a public hearing upon the amendment of the Leavenworth County Zoning

and Subdivision Regulations the 12th day of August, 2020; and

WHEREAS, it is hereby found that the Leavenworth County Planning Commission, based upon specific

findings of fact incorporated by reference herein, did recommend that the amendment be approved, as

set forth; and

WHEREAS, the Board of County Commission considered, in session on 2nd day of September, 2020,

the recommendation of the Leavenworth County Planning Commission.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission of Leavenworth

County, Kansas, that:

1. Based upon the recommendation and findings of fact of the Leavenworth County Planning

Commission; and,

2. Based upon the findings of fact adopted by the Board of County Commission in regular session on

the 2nd day of September, 2020 and incorporated herein by reference;

That the amendments listed herein be approved:

Adopted this 2nd day of September, 2020

Board of County Commission

Leavenworth, County, Kansas

______________________________

Doug Smith, Chairman

ATTEST ______________________________

Jeff Culbertson, Member

____________________________ ______________________________

Janet Klasinski Vicky Kaaz, Member

______________________________

Chad Schimke, Member

Page 3 of 3

/s/______________________________

Mike Stieben, Member

Planning & Zoning

Memo To: Board of County Commissioners

From: Krystal A. Voth

cc: Mark Loughry

Date: September 2, 2020

Re: Special Use Permit Request – Tri Hull Crane

A request was made to the Board of County Commissioners on August 5, 2020 to approve a request for a Special Use Permit for Tri-Hull Crane Rental. At that meeting, the Board requested additional information and clarification. The additional information requested included: Clarification from Mr. Mitch Pleak regarding the items reviewed and any additional concerns; confirmation from KTA that the Bridge over I-70, along Loring Road, is adequately sized for legal loads and finally confirmation from KDOT that the turning radius at Loring Road and 24/40 Highway is adequate for the type and frequency of traffic being generated by the applicant and whether or not improvements would need to be made at the intersection. Additionally, the Board requested a condition be added to the request that the salvage area be adequately screened with either trees or fencing.

Mr. Pleak has provided a supplemental memo, which has been provided with this report.

Mr. Jacobson with the Kansas Turnpike Authority provided an email regarding the bridge and clarification that legal loads are appropriate for the bridge. Further, Mr. Jacobson confirmed that the bridge is 20’ wide and is not considered a one-way roadway.

Mr. Van Nice with the Kansas Department of Transportation submitted two emails to Staff. The first email concluded that a cursory review of the site provides adequate sight distance and the turning radius appears generally adequate. In a second email, Mr. Van Nice stated that after speaking with the State Traffic Engineer, it has been determined that additional study be conducted at the intersection. Mr. Van Nice anticipates the study will take several weeks to complete. Staff does not expect to receive the final results of the non-comprehensive study prior to the middle of October.

2

The final item requested was for screening to be a requirement around the salvage area. Staff’s recommendation is that the screening consist of trees and not fencing. Staff has added the condition to the report and resolution.

Due to the development with KDOT, Staff requests this item be tabled until the non-comprehensive study is completed. Staff recommends tabling the request until Wednesday, November 4, 2020.

7301 W. 133rd Street / Suite 200 / Overland Park, KS 66213

O 913.381.1170 / olsson.com

August 25, 2020

Leavenworth County Planning and Zoning

300 Walnut, Suite 225

Leavenworth, Kansas 66048

RE: Trihull Special Use Permit (SUP)

August 5th, 2020, the Board of County Commissioners (BOCC) considered the Trihull SUP

application. Following discussion, the BOCC requested further details on the scope reviewed

by Olsson. This letter is in response to such review.

On February 28th, 2020, Olsson’s review of the above-mentioned application included the bullet

point items shown below. At that time, it was Olsson’s understanding the application was a

renewal of a SUP already in place. A site visit was conducted prior to providing comments. At

that time, the proposed use was observed to be in operation. Olsson did not review the turning

radii at the intersection of 24/40 Hwy and Loring Road or existing storm structures along the

Loring Road.

Items reviewed in February:

• Visual assessment of the existing roadbed. It was noted to be adequate and would not

require further investigation.

• Visual assessment of existing entrance drive and storm pipe underneath said drive. The

existing storm pipe was found to be damaged.

• Turning template study was also requested of the applicant to ensure driveway entrance

size was adequate for trucks entering and existing the site.

On August 17th, 2020, as requested by Staff, Olsson conducted a site visit regarding existing

storm structures along Loring Road which included a reinforcement box culvert (RCB) and (2)

24” CMP storm lines. The RCB’s previous inventory inspection report was reviewed, which

reported the use of legal sized trucks to be allowed. With Olsson’s visual inspection of the RCB

and review of the inventory inspection report, Olsson doesn’t recommend further investigation

on the RCB. The west 24” CMP was adequate and doesn’t require further investigation. It was

evident that the East 24” CMP had previously been repaired, but still showed signs of

deterioration. Reviewing the East CMP with Public Works Staff, Public Works has placed the

CMP on a replacement list.

Sincerely,

Mitch Pleak, PE

Olsson

1

Voth, Krystal

From: David Jacobson <[email protected]>

Sent: Thursday, August 6, 2020 1:55 PM

To: Voth, Krystal

Cc: Shannon W. Moore

Subject: FW: Tri-Hull Crane Rental

Attachments: FW: Loring Road Bridge


Krystal, This is in response to your email to the KTA on August 5, 2020. In February 2020 a resident on Loring Road contacted the KTA and commented that the Loring Road bridge over the KTA was not posted for weight limits and that it should be because of a crane company that is located on Loring Road. When speaking with the resident he also commented that one-way signs should be installed on the road and signs should be added because of the vertical curves leading to the bridge. I contacted Leavenworth County and spoke with Lauren Anderson. I wanted the County to be aware of the resident’s comments. KTA reviewed the recent inspection report for the bridge and determined that based on condition and load rating of the bridge, the bridge did not need to be posted. I followed up with the resident with this information and also forwarded an email to Lauren on February 11, 2020. Attached is a copy of the email. I also told the resident that any new signing on Loring Road, besides load limit signing which is not required in this case, would need to be considered by Leavenworth County. Lauren contacted me in April 2020 and we discussed how wide the bridge was. We confirmed that the bridge is 20’ wide and Lauren stated that a 20’ roadway is not considered a one-way roadway and did not need to be signed as such. Lauren explained that a Special Use Permit (SUP) had been submitted by the crane company and that Leavenworth County staff was currently reviewing the permit. I believe that you and I also spoke in April about the SUP and the bridge. Again, based on condition and load rating of the bridge, the bridge does not need to be posted and the KTA is not opposed to legal loads using the bridge. Without being provided details pertaining to load weights and axle configurations that Tri-Hull Crane Rentals may propose to cross a KTA bridge, KTA cannot provide confirmation that you asked for in your email. KTA requires companies that are requesting to cross KTA bridges with an oversized load to submit details pertaining to load weights and axle configurations for review. If the load weight/axle configuration is outside of legal limits, the company may need to hire a Professional Engineer to conduct a load rating analysis for the bridge or bridges that they are proposing to use. Load ratings for proposed heavy load crossings typically assume one or two trips. If the crane company proposes to cross a bridge frequently with a heavy load, that would need to be taken into account also.

2

I have reviewed the staff report you sent for the SUP and agree with recommendation 5. All business-related traffic shall not be allowed to travel east along Loring Road. I appreciate you reaching out to the KTA, and appreciate our previous communication and coordination efforts pertaining to this. The KTA continues to value our partnership with Leavenworth County. Let me know if you have any questions or require additional information.

David E. Jacobson, P.E. Kansas Turnpike Authority I Director of Engineering 3939 SW Topeka Blvd. I Topeka, KS 66609 w: 785.274.3650 m: 785.224.9106

From: Rex A. Fleming Sent: Wednesday, August 5, 2020 5:05 PM To: David Jacobson <[email protected]>; Shannon W. Moore <[email protected]> Subject: Fwd: Tri-Hull Crane Rental I am not familiar with this so checking with you both to see if you are familiar with it. Begin forwarded message:

From: "Voth, Krystal" <[email protected]> Date: August 5, 2020 at 11:43:27 AM CDT To: "Rex A. Fleming" <[email protected]> Subject: Tri-Hull Crane Rental

CAUTION: This email is from an external source. Think before clicking links, opening

attachments, or providing information in response. Rex, Good afternoon. I hope this email finds you well. Several months ago I spoke with someone over at KTA regarding the crane rental company Tri Hull located at 24838 Loring Road. I believe you all had received a couple of complaints about the cranes going over the bridge. The person I spoke with indicated to me, on the phone, that they did not have concerns about this business. Today, the BOCC considered the request for the SUP and they are asking for confirmation from KTA that the bridge can support the cranes. That being said, one of our conditions for approval was that the crane traffic NOT head east and instead go west to Chieftain Road. I have attached the application and the staff report to this email. If you wouldn’t mind giving it a review, I would appreciate it. Our BOCC also wants confirmation that the existing turning radius on Loring and Chieftain is acceptable or that it needs updates, but I suppose that will be a KDOT issue. Thanks so much for your help on this. Take care.

Respectfully,

3

Krystal A. Voth, CFM Interim Director Planning & Zoning Leavenworth County 913.684.0461

1

Voth, Krystal

From: Jason Van Nice [KDOT] <[email protected]>

Sent: Monday, August 17, 2020 8:55 AM

To: Voth, Krystal

Cc: Steven Taylor [KDOT]

Subject: RE: Tri-Hull Crane Rental @ Chieftain Road


Krystal, After further discussion with KDOT’s State Traffic Engineer we will be taking a closer look at this intersection. This is not expected to be a comprehensive study but we will review the crash history and verify the sight distance. We anticipate this will take several weeks to complete. Thank you, Jason Van Nice, P.E. | Kansas Department of Transportation 913.942.3040 | [email protected]

From: Jason Van Nice [KDOT] Sent: Friday, August 7, 2020 9:01 AM To: Voth, Krystal <[email protected]>; Steve Taylor [KDOT] <[email protected]> Subject: RE: Tri-Hull Crane Rental @ Chieftain Road Krystal, Steve and I have done a cursory review of this intersection. There appears to be adequate sight distance in both directions. The radius for right-turning vehicles is perhaps less than ideal due to the skew but appears generally adequate. I did not see anything of particular concern in the available crash history for the intersection. Given the reported low volume of traffic from this business and our findings stated above, I believe the existing conditions at the intersection are adequate.

Jason Van Nice, P.E. | KC North Metro Engineer O: 913.942.3040 | C: 816.835.7385 [email protected]

Kansas Department of Transportation 650 North K-7 Highway Bonner Springs, KS 66012

2

From: Voth, Krystal <[email protected]> Sent: Wednesday, August 5, 2020 2:12 PM To: Steve Taylor [KDOT] <[email protected]> Cc: Jason Van Nice [KDOT] <[email protected]> Subject: Tri-Hull Crane Rental @ Chieftain Road

EXTERNAL: This email originated from outside of the organization. Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Steve, Good afternoon. I have attached the application for Tri-Hull Crane. As we talked about on the phone, they operate a crane rental business on Loring Road approximately ½ mile east of Chieftain Road. Today, during our BOCC meeting, some residents brought up concerns that the intersection at Loring and Chieftain is not adequate for these trucks to turn into and out of. Our Commissioners have asked me to reach out to determine if these claims are true. Can you please take a look at the application and staff report and provide me with your opinion on whether or not the existing conditions are adequate for the cranes or if additional study is needed. As always, thank you for your help. Take care!

Respectfully, Krystal A. Voth, CFM Interim Director Planning & Zoning Leavenworth County 913.684.0461

1

LEAVENWORTH COUNTY PLANNING COMMISSION

MINUTES OF THE REGULAR MEETING August 12, 2020

Meeting called to order at 6:00 pm Pledge of Allegiance Members present: Steve Rosenthal-Chairman, Janette Labbee-Holdeman, A.W. Himpel, Mark Denney, Jeff Spink, Wolf Schmidt, John Matthews, and Alex DeMoro Members absent: Terry Bartkoski Staff present: Krystal Voth-Interim Director, Stephanie Sloop-Planning Coordinator Approval of Minutes: Commissioner Labbee-Holdeman made a motion to approve the minutes from the July Planning Commission. Commissioner Schmidt seconded the motion. Commissioner Denney made one correction to the minutes, Commissioner Labbee-Holdeman and Schmidt accepted the change. Motion to approve passed, 7/0, 1 Commissioner abstained Secretary’s Report: Krystal Voth went over this month’s meeting agenda. Ms. Voth talked to the Planning Commissioner about scheduling a work session in October to cover the Golden Factors. Commissioner DeMoro brought up other items he would like to see discussed. A motion was made by Commissioner Matthews to approve the agenda. Commissioner Schmidt seconded the motion. Motion to approve passed, 8/0 Declarations: No further declarations Case DEV-20-062 (Special Use Permit – Childcare Facility) Consideration of an application for a Special Use Permit for a Childcare Facility on a tract of land located in the southwest quarter of Section 9, Township 11 South, Range 22 East of the 6th P.M., in

Leavenworth County Also known as 16928 Evans Road Request submitted by Trinity Family of Faith Lutheran Church This staff report was given at the July Planning Commission meeting. Public Comment was opened and the applicants from Trinity Family of Faith Church came forward. They agreed with the staff reports and conditions. Commissioner Himpel made a motion to approve Case DEV-20-062 and Commissioner Labbee-Holdeman seconded the motion. ROLL CALL VOTE Motion to approve passed, 7/0, 1 Commissioner abstained The Board of County Commissioners will consider this item on September 2, 2020 at 9:00 A.M in the Leavenworth County Courthouse.

2

Any person wishing to file a protest petition must contact the Planning & Zoning Office. Protest petitions must be filed with Leavenworth County within two weeks of this meeting. To be valid, the protest petition must be signed by owners of 20% of the land area in the notification area. Case DEV-20-090 (Special Use Permit – B & G Auto) Consideration of an application for a Special Use Permit for an Auto Repair Shop, on Lot 24, Westbrook Subdivision, Phase No. 2, a subdivision in Leavenworth County, Kansas. Also known as 20271 167th Street Request submitted by Ben Brassfield and Ray Brassfield Krystal Voth presented the staff report for Case DEV-20-090 consideration of an application for a Special Use Permit for an Auto Repair Shop. Upon opening the public comment of the hearing Chairman Rosenthal asked the applicant to come forward. The applicants, Ben Brassfield and Ray Brassfield, came forward. Mr. Brassfield explained the nature of how their business came to be. Chairman Rosenthal asked for people wishing to speak in favor of the request to come forward. Two neighbors came forward to speak in support of the application.

With no additional information to be presented the public hearing was closed. Discussion was had amongst the Planning Commission. Commissioner Labbee-Holdeman made a motion to approve DEV-20-090 with conditions that staff prepared. Commissioner Schmidt seconded the motion. ROLL CALL VOTE Motion to approve passed, 7/1 Commissioner Matthews voted no because he did not want to go against staff recommendations and that it is in a subdivision and that subdivisions should only be used for residential, not commercial. The Board of County Commissioners will consider this item on September 2, 2020 at 9:00 A.M in the Leavenworth County Courthouse. Any person wishing to file a protest petition must contact the Planning & Zoning Office. Protest petitions must be filed with Leavenworth County within two weeks of this meeting. To be valid, the protest petition must be signed by owners of 20% of the land area in the notification area. Case No. DEV-20-080 (Text Amendment – Article 43) Consideration of an application for a Text Amendment to amend: Article 43: Cross Access

EasementRequest submitted by Planning and Zoning Staff ***Public Hearing Required*** Krystal Voth presented the staff report for Case DEV-20-080 consideration of an application for a Text Amendment to Article 43. Discussion was had between staff and the commission. Upon opening the public comment of the hearing Chairman Rosenthal asked if there was anyone present that wanted to speak in favor or opposition of this request. With no additional information to be presented the public hearing was closed. Discussion was had amongst the commission Chairman Rosenthal made a motion to deny DEV-20-080, stating that the Board of County Commissioners can make the decision to or to not apply road standards as part of the regulation. Commissioner Labbee-Holdeman seconded the motion.

3

ROLL CALL VOTE Motion to deny passed, 6/1, 1 Commissioner abstaining. Commissioner DeMoro – Voted no to deny, he stated there needs to be private roads, but that there needs to be standards set. Commissioner Matthews – Abstained because he was not here for the last meeting. The Board of County Commissioners will consider this item on September 2, 2020 at 9:00 A.M in the Leavenworth County Courthouse. Commissioner Labbee-Holdeman inquired about the Comprehensive Plan. Commission Denney clarified when the November meeting would be. Planning Commission is adjourned at 7:13 PM.

Documents

Leavenworth County Board of County Commissioners...Commissioner Schimke inquired about the status of the Comprehensive Plan and meeting with Olsson. Mr. Loughry indicated the Board