LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING May 12, 2010

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1 Meeting called to order at 6:30 pm LEAVENWORTH COUNTY PLANNING COMMISSION MINUTES OF THE REGULAR MEETING May 12, 2010 Members present: Steven Rosenthal-Chairman, David Downes, James Grosdidier, Mary Brown, Dave Bramlett, Mark Denney, Erlys Moe, Louis Box, Chris Raymos. Members absent: Staff present: Jeff Joseph-Director, Tom Olson-Planner, Judith Day Office Manager, Mickey Schwartzkopf-Deputy County Engineer. Commissioner Rosenthal Do we have an approval for the April 14, 2010 minutes? Commissioner Bramlett moved to approve the minutes of the April 14, 2010 minutes as written. Commissioner Box seconded the motion with one typo on the first page concerning the date stating May 10 th and should have said May 12 th on the continuation of Tinberg Turf. Carried 9-0 Commissioner Rosenthal Secretary s report? Jeff Joseph I just have one thing and I would like to schedule a work session before the next meeting on June 9, 2010 around 5:00 so if you could check your calendars to see if you are available. Commissioner Rosenthal I cannot make it on that date and Erlys also stated she could not make it. Jeff Joseph We would like to have you all there so we will schedule it for the July meeting. Continued from April 14, 2010 Case # 9-10: Consideration on an application (SUP ) for a Special Use Permit for the operation of Landscaping on a tract of land located in Tanglewood West Subdivision also known as th in Leavenworth County, Kansas. Request submitted by Brandon & Angela Tinberg. We started with this last month but we tabled it and now we continuing with the public portion. Does the planning staff wish to speak? Jeff Joseph We did not hear the staff report so we will do that now. Tom Olson I would like to go through the factors to be considered first. I will read them to you. The following factors are to be considered by the Planning Commission and the Board of County Commissioners when approving or disapproving this Special Use Permit request: 1. Character of the neighborhood: Single-family residences located in Tanglewood subdivision. The density is higher than the other rural subdivisions in the County; each lot is 1 acre or less. 2. Zoning and uses of nearby property: The surrounding properties are smaller lots less than 1 acre and are zoned Residential (R-1) with single-family residences. 1

2 3. Suitability of the property for the uses to which it has been restricted: The storage of landscape equipment and materials is not a suitable use for the property because it is adjacent to smaller residential lots less than 1 acre. 4. Extent to which removal of the restrictions will detrimentally affect nearby property: There will be an increase in traffic on a daily basis, truck and equipment parking, mulch material storage, etc. 5. Length of time the property has been vacant as zoned: Not vacant. 6. Relative gain to economic development, public health, safety and welfare: A portion of the property could be taxed at a commercial rate. 7. Conformance to the Comprehensive Plan: The comprehensive plan shows this area as Low Density Residential located within the Basehor Growth Area. Staff is recommending denial of Special Use Permit This type of business is not allowed within Residential (R-1). Staff is recommending denial based on the following reasons: This parcel is zoned Residential (R-1). This use is not allowed within Residential R-1. According to the Regulations, Article 19 Table of Uses - Coal, fuel or ice storage, saw mills, treatment of building materials, storage of general contracting materials and equipment are permitted by Special Use Permit only in R-Rural District. The business would cause the premises to differ from its residential character with an increase in traffic on a daily basis, truck and equipment parked on the lot, storage of mulch and other materials on the lot, etc. See attached pictures. I will show pictures on the power point screen. The Planning & Zoning Office has received complaints from the neighborhood about the nature of the use. There is no sufficient parking to handle this type of business. This type of use should be located in a commercial area rather than a residential area/subdivision. The Planning & Zoning Office found that Tinberg Turf was being operated without a Special Use Permit. They build outdoor living areas, do landscaping, and install outdoor lighting for 9 months of the year. In the winter they do snow removal. They also store equipment such as a skid loader, mini excavator, pickup trucks, and trailers on site when not at a job site, as shown on attached photos. Trucks and trailers for this business have been parked on the street. There is a 16 X 12 storage shed on this property. A Traffic Impact Fee of $ has been calculated for this SUP. Staff is recommending denial of Special Use Permit , a landscaping and snow removal business. (Showed some pictures and explained about what was sitting in the yard such as, mulch, pick-up for the business, trailer, bobcat and other machinery. That is all at this time. You did have some letters in your packets from some of the surrounding neighbors that are against the use. Commissioner Rosenthal Public Works do you have any comments? Mickey Swartzkopf We would like to assess the Traffic Impact fee and that no on street parking be allowed and we recommend that one of the drive-ways be removed to bring it into compliance with the current regulations. Commissioner Rosenthal Does the applicant wish to speak? Mr. Tinberg I know the pictures look pretty bad but we have cleaned things up. I have some pictures that I would like to show you. (passed pictures to Commission.) We are just trying to operate a business and it is not my intention to keep my business there. It is my goal to grow and go somewhere else. Right now with the economy the way it is we cannot move. If there is something that the neighbors want or need cleaned up I am willing to do it. My whole goal is to operate a business and provide for all the families that we provide for. We have five guys working for me and that is seventeen mouths that we provide for. As far as Public Works and the driveway, it was there before we owned the property and I do not know what to tell you about that part of it. I do not know if you expect us to take it out but it was there prior to us living there and we have been there around five years. 2

3 Commissioner Rosenthal How long have you been operating your business? Mr. Tinberg Since 1998 and operating around five years at this location. Commissioner Rosenthal Is there anyone present wishing to speak in favor of this request? None Commissioner Rosenthal Is there anyone present wishing to speak in opposition of this request? Charles Hawley My house is the one on top of the cul-de-sac. We are concerned that there is one family that lives up there and an ambulance has gone there several times. We are concerned that the street might be blocked off some time. We know Mr. Tinberg would move the truck but it would depend on how critical it would be for them to get there. I have lived there for 36 years and I wish that the neighborhood would stay residential. Patricia Comstock Our property in the back adjoins each other. I need my job too and I know how hard the economy is but I sit outside and hear all the cars. There is no quiet time in our neighborhood. The school buses have to run in between his equipment. I feel bad about the seventeen mouths they are trying to feed and I hope they can find another place to operate their business. There are other businesses that operate in that subdivision but they operate within the house. I know the business has grown over the five years. It did not start out as big as it looks on the pictures. Hopefully when we hear the words denial that will happen. Thank you. Roy Lewandowski This neighborhood has been there for 38 years and is residential, anytime any commercial has come up it has been denied and do not see why that should change. Ron Dykes There is an inconvenience to the parking and if he would clean up we would be happier. Commissioner Rosenthal Any additional information? None Commissioner Rosenthal Any questions commissioners? Hearing none I will entertain a motion. Commissioner Moe I do so move to deny case 09-10, SUP Commissioner Box seconded the motion. Commissioner Rosenthal Would you like to state the reason for denial. Commissioner Moe The area is too small to run a business when you have homes on an acre or less. Commissioner Rosenthal I think it is against the regulations. Commissioner Rosenthal It has been moved and seconded to deny the SUP for a landscaping and snow removal business. Roll call. Carried 9-0 to deny. New Business Case # 14-10: Consideration on an application (SUP ) for a Special Use Permit for a small limited business of Pest Control on a tract of land located in Section 15, Township 8S, Range 22E also known as Ft. Riley Rd. in Leavenworth County, Kansas. Request submitted by Joshua Pierce. 3

4 Tom Olson: The Planning & Zoning office received a complaint that Chem-Tech was operating without a Special Use Permit. This type of business shall require a Special Use Permit, Article 19-Table of Uses-Small limited businesses (as defined in Article 3 Definitions), of the August 1, 2006 Zoning and Subdivision Regulation for Leavenworth County. This property is very well maintained. This type of business is regulated by the State of Kansas. Mr. Pierce has a commercial pesticide applicator certification. To be certified applicator proof of financial responsibility had to be provided to the state. Marking of equipment is regulated by the state. There is no bulk pesticide storage on site. Pesticide is stored on the truck. Mr. Pierce has two pickup trucks for the business. Pesticide jugs are triple rinsed into the containment tank, then cut up and disposed of in the trash. No customers come to the residence. There is a home office in the residence for this business. A Traffic Impact Fee of $ has been calculated for this business. Staff is recommending approval of Special Use Permit for Chem-Tech a pesticide business, with the following conditions: 1. The SUP shall be limited to a period of five years. 2. An emergency contact sign shall be placed in plain view in the event of an emergency on each building on a legible material for the responder to view. 3. Hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday. 4. No employees other than members of the immediate family residing in the dwelling unit shall assist in the operation of the business. 5. The applicant shall notify the local fire department of the location where pesticides, or other hazardous chemicals are stored and provide them with a detailed diagram of where the product is stored to include fuels and oils. 6. There shall be no on-site retail sales. 7. The applicant shall pay a traffic impact fee in the amount of $ This SUP shall comply with all local, state, and federal rules and regulations that may be applicable. 9. All equipment and materials shall be stored within an enclosed structure. 10. After approval of this SUP by the Board of County Commissioners all conditions listed shall be adhered to and copies shall be provided to the Planning and Zoning Office within 30 days. Commissioner Rosenthal Does the applicant wish to speak? Joshua Pierce I own the Chem-Tech business. Chem-Tech has been a locally county owned business since It was founded by my grandfather and I grew up in the business. I have done this since Chem-Tech has always been a home base business. I bought the business from my grandfather in We never filed for a special use permit before because I did not know that we needed one. I do not conduct any business out of my house except that I do have the office in my house. No customers come to the house and obviously nobody brings their bugs to me. I go there to do the pest control. I pick up all of my products in Kansas City and my pest control supplies are very expensive and being a one may operation I do not need to stock a lot of supplies. Everything is usually kept inside and I maintain my property very well. You probably have a letter from Gary Roberts with some complaints about our property and what we do. If we ever grow we would have a building because this is my private residence and I do not want employees coming in and out. He said traffic would increase from residents that do live in the neighborhood. I do not know who the people would be that are not residents are and if he sees them I would like to know because they have no business being there. We have operated without the Special Use because we did not know we needed one. We do store very little products on the trucks. My dad has a 500-gallon underground tank if we ever need to rinse the bottles out and this is for pesticides. He has several pest controls in Missouri. There are five pest controls in Leavenworth County. There are two home based; one is in the City of Leavenworth and one in the City of Lansing and one in the City limits of Tonganoxie. We were in the City of Lansing until we moved to our location when my grandfathered retired. I think that is pretty much it for me. Thank you. Commissioner Grosdidier Do you also have a lawn care business there? Joshua Pierce No sir. 4

5 Commissioner Grosdidier You mow that whole hill? Joshua Pierce Yes, I try to keep it looking nice. Commissioner Rosenthal Is there anyone present wishing to speak in favor of this request? Bill Kromer I pass the business more than once every day and it is the best looking property out there, including mine. I would not expect traffic to increase. I am more worried about the four wheelers coming from the other direction. Don Murphy We live about three hundred feet away and we believe the situation and request for the special use permit is exactly what it is about. It is proper for the County to approve the request. We have never observed any business traffic and it seems that it is conducted somewhere else and Josh lived there for about three years before we knew that there was a business conducted there. It is a home based business and it continues to be a residential property and Josh maintains it and it is an excellent looking property. It is a tremendous asset and I wish I could say that about a few other properties near by. We believe his business has little negative impact on our neighborhood. Commissioner Rosenthal Is there anyone present wishing to speak in opposition of this request? None. Commissioner Rosenthal Any additional information? None Commissioner Rosenthal Any questions commissioners? Hearing none, I will entertain a motion. Commissioner Bramlett moved to approve case with staff recommendations. Commissioner Grosdidier seconded the motion. Commissioner Denney I do have one question. Tom on the traffic impact fee I am always dumbfounded how we come up with that. To me, he is not adding any traffic at all and I do not see how we can charge him any. Tom Olson He does leave in the morning with his truck and he comes back in the evening and has a few deliveries. Commissioner Denney I must have missed the deliveries. I could live next door and I can leave in the morning, come home for lunch and go back to work and I am generating travel. It is more of a pet peeve of mine but I guess if he has deliveries I can see it. Most of the time I do not think it is enough but this to me is high. Commissioner Rosenthal called roll call for the SUP Carried 9-0 Case # 15-10: Consideration on an application (SUP ) for a Special Use Permit for a small limited business for Automotive and Heavy Equipment Repair on a tract of land locate in Section 24, Township 8S, Range 20E also known as th Street in Leavenworth County, Kansas. Request submitted by Scott & Stephanie Herken. Tom Olson - The Planning & Zoning office received a complaint that a business was operating without a Special Use Permit and about the traffic it was creating. This type of business shall require a Special Use Permit, Article 19 Table of Uses Auto service station & repair, of the August 1, 2006 Zoning and Subdivision Regulation for Leavenworth County. There are no employees other than the property owner. Used oils are disposed of in a oil burning furnace. The applicant has stated that all fluids and chemicals are stored in proper containers or 50 gallon barrels. Shop is located in a 60 X 40 building. Applicant has a service truck for field service work. Applicant works 5

6 with farm equipment, automobiles, trucks and heavy equipment. Traffic will increase from customers dropping off and picking up their vehicles, approximately two to three deliveries of parts per week, and field service vehicle going and retuning. A Traffic Impact Fee of $ has been calculated for this business. Staff is recommending approval of Special Use Permit for a Mechanic Shop business, with the following conditions: 1. The SUP shall be limited to a period of five (5) years. 2. An emergency contact sign shall be placed in plain view in the event of an emergency on each building on a legible material for the responder to view. 3. Hours of operation shall be limited to 7:30 a.m. to 5:30 p.m. Monday through Friday. 4. No employees other than members of the immediate family residing in the dwelling unit shall assist in the operation of the business. 5. The applicant shall notify the local fire department of the location where all fluids, or other hazardous chemicals are stored and provide them with a detailed diagram of where the product is stored to include fuels and oils. 6. All floor drains must be capped or plugged. 7. There shall be no on-site retail sales. 8. The applicant shall pay a traffic impact fee in the amount of $ This SUP shall comply with all local, state, and federal rules and regulations that may be applicable. 10. All vehicles must be picked up within 48 hours of repairs being done. 11. All chemicals and fluids shall be properly disposed of, no disposal to the waste stabilization pond. 12. No parts shall be stored outside. 13. After approval of this SUP by the Board of County Commissioners all conditions listed shall be adhered to and copies shall be provided to the Planning and Zoning Office within 30 days. The City of Easton has asked to annex this property. The Board of County Commissioners has not approved it yet. Commissioner Rosenthal Does the applicant wish to speak? Scott Herken I lost my job in September and had no idea that I needed this permit until someone turned me in. I have been out of work and so I decided to work for myself. Right now it is more convenient for me to work out of my home so that is what I am trying to do. It is my home place and I do not plan on going anywhere. Commissioner Box Are you going to work on the weekends? Scott Herken No Commissioner Moe - What affect would it have on you if Easton annexes you? Scott Herken The County sent a letter to them about the special use and then the City of Easton approached me to annex me because I am within a three mile radius of them. Commissioner Moe How do you feel about that? Scott Herken I do not have a problem with that and if it will help the City of Easton out then I have no problem. Commissioner Rosenthal Is there anyone present wishing to speak in favor of this request? None Commissioner Rosenthal Is there anyone present wishing to speak in opposition of this request? None. Commissioner Rosenthal Any additional information? None Commissioner Rosenthal Any questions commissioners? 6

7 Commissioner Rosenthal entertained a motion. Commissioner Brown moved to approve case # 15-10, SUP with staff recommendations. Commissioner Raymos seconded the motion. Commissioner Rosenthal We have a motion on the floor with a second to approve case # 05-10, SUP with staff recommendations. Roll call. Carried 9-0 Adjourned 7:30 p.m. 7