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LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA Monday, February 20, 2017 9:00 a.m. Public Comment/Administrative Business: Approval of Minutes of February 16, 2017 Departmental quarterly reports 9:05 a.m. Public Works Approval to solicit bids for the replacement of bridge A-32 9:10 a.m. Fence viewing policy 9:15 a.m. C.W. Parker Carousel Museum request for funding 9:25 a.m. Executive session Non-elected personnel Tuesday, February 21, 2017 Wednesday, February 22, 2017 11:30 a.m. LCPA meeting 1294 Eisenhower Rd. Leavenworth KS Thursday, February 23, 2017 BILL DAY 9:00 a.m. Public Comment/Administrative Business: Approval of Minutes of February 20, 2017 Approval of the Agenda for the week of February 27, 2017 Driveway variance on 28571 207th St, Easton KS Driveway variance on property located on 175 th St. 9:10 a.m. Planning and Zoning Case number DEV-17-007 Temporary Special Use Permit for a laydown yard for Westar Energy Case Number DEV-17-001/002 Consideration of a Preliminary and Final Plat for Crossing Deer Estates Case Number DEV-16-118 Consideration of a Special Use Permit for an Agri-Business-Free State Vineyards Gift Shop Case Number DEV-16-125 Consideration of a Special Use Permit for a Convention/Conference Center- Hidden Valley Retreat Case Number DEV-16-122/123 Preliminary and Final Plat for Edholm Acres 9:25 a.m. Human Resources quarterly report 9:35 a.m. John Bradford: Patriot Highway discussion Friday, February 24, 2017 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

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Page 1: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

LEAVENWORTH COUNTY COMMISSIONERS

MEETING AGENDA

Monday, February 20, 2017 9:00 a.m. Public Comment/Administrative Business:

• Approval of Minutes of February 16, 2017 • Departmental quarterly reports

9:05 a.m. Public Works • Approval to solicit bids for the replacement of bridge A-32

9:10 a.m. Fence viewing policy 9:15 a.m. C.W. Parker Carousel Museum request for funding 9:25 a.m. Executive session

• Non-elected personnel

Tuesday, February 21, 2017 Wednesday, February 22, 2017 11:30 a.m. LCPA meeting

• 1294 Eisenhower Rd. Leavenworth KS Thursday, February 23, 2017 BILL DAY 9:00 a.m. Public Comment/Administrative Business:

• Approval of Minutes of February 20, 2017 • Approval of the Agenda for the week of February 27, 2017 • Driveway variance on 28571 207th St, Easton KS • Driveway variance on property located on 175th St.

9:10 a.m. Planning and Zoning

• Case number DEV-17-007 Temporary Special Use Permit for a laydown yard for Westar Energy • Case Number DEV-17-001/002 Consideration of a Preliminary and Final Plat for Crossing Deer Estates • Case Number DEV-16-118 Consideration of a Special Use Permit for an Agri-Business-Free State Vineyards Gift Shop • Case Number DEV-16-125 Consideration of a Special Use Permit for a Convention/Conference Center- Hidden Valley Retreat

• Case Number DEV-16-122/123 Preliminary and Final Plat for Edholm Acres 9:25 a.m. Human Resources quarterly report 9:35 a.m. John Bradford: Patriot Highway discussion Friday, February 24, 2017

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

Page 2: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

Leavenworth County Request for Board Action

Date: February 23, 2017 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Jeff Joseph Additional Reviews as needed:

Budget Review Administrator Review × Legal Review ×

Action Requested: Review a Preliminary and Final Plat for a two-lot subdivision, Edholm Acres located at 20792 223rd Street. Analysis: This is a two-lot Class “C” subdivision that meets the regulations of the Leavenworth County Zoning and Subdivision Regulations. Rural Water District #9 has a 2” main along 223rd Street. The water district confirms that the current water line cannot support fire hydrants; however, it is not known whether there is sufficient capacity for additional water service. Since both proposed lots are larger than 5 acres, a well is allowed as long as KDHE regulations are met. Both of the proposed lots meet the required lot-width to lot-depth ratios and minimum road frontage requirement for the RR-5 zoning class. Public Works is requesting a shared access point for both lots; therefore, an access easement is requested for Lot 2. Recommendation: The Planning and Zoning Commission voted 8-0 (1 absent) to recommend approval of Case No. DEV-16-122/123 subject to conditions. Alternatives:

1. Approve Case No. Case No. DEV-16-122/123 – Preliminary and Final Plat – Edholm Acres, with Findings of Fact, with or without conditions; or

2. Deny Case No. DEV-16-122/123 – Preliminary and Final Plat – Edholm Acres, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-16-122/123 –

Preliminary and Final Plat – Edholm Acres, with Findings of Fact, with or without conditions; or

4. Continue the case to another date, time, and place because; or

5. Remand the case back to 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

Page 3: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

Additional Attachments: Staff Report, Preliminary and Final Plats, Memorandums and PC Meeting Minutes

Page 4: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

Board of County Commission Leavenworth County

Preliminary and Final Plat Briefing Report

From: Planning and Zoning Department

Date: February 23, 2017

Case: DEV-16-122/123, Preliminary and Final Plat Edholm Acres.

Applicant: Joe Herring, Herring Surveying Company

Owner: Dan and Ginger Edholm

Location: 20792 223rd Street; ± 1700 ft. North of Leavenworth Road

PID: 149-29-0-00-00-019.00

Request: The applicant is requesting approval of a 2-lot subdivision.

Stakeholders Involved:

The property owner.

Planning Commission Recommendation:

Planning Commission voted 8-0 (1 Absent) to recommend approval subject to 5 conditions.

Action required by the Board of County Commission:

Make a motion for one of the following: 1) Approve 2) Deny 3) Modify 4) Continue 5) Remand back to Planning

Commission

Page 5: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

February 23, 2017 Leavenworth County Board of County Commission 1

Case No. DEV-16-122/123 Edholm Acres Subdivision

Preliminary and Final Plat Staff Report – Board of County Commission February 23, 2017

GENERAL INFORMATION: Applicant/ Dan & Ginger Edholm Property Owner: 20792 223

rd Street

Tonganoxie, KS 66086 Agent: Herring Surveying Company Legal Description: A tract of land in the West Half of the NW Quarter of the SE Quarter of

Section 29, Township 10 South, Range 21 East of the 6th P.M, in

Leavenworth County, Kansas. Location: 20792 223

rd Street; ±1700 ft. North of Leavenworth Road

Parcel Size: ± 12 acres Zoning/Land Use: RR-5, Rural Residential 5-acre minimum size parcels Urban Growth Management Area: This property is not within a City Urban Growth Management Area.

Comprehensive Plan: This parcel is within the Agriculture Preserve land use category. Parcel ID No.: 149-29-0-00-00-019.00

Planner: Michael Swan

REPORT: Planning Commission Recommendation The Planning Commission voted 8-0 (1 absent) to recommend approval of Case No.DEV-16-122/123 with the following conditions:

1. Standard RIF and TIF shall apply for any new residential units.

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.

The applicant shall adhere to the following memorandums: a. David Lutgen – Public Works, January 4, 2017 b. Michael Swan – Planning and Zoning, January 3, 2017 c. Chuck Magaha – Emergency Management, December 22, 2016 d. Wayne Malnicof – County Surveyor, December 19, 2016

3. A waiver for the use of private septic systems within this subdivision is granted with this approval. 4. The applicant shall work with the water district, emergency management, and the fire district regarding

requirements for fire hydrants.

5. 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.

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February 23, 2017 Leavenworth County Board of County Commission 2

Request The applicant is requesting a Preliminary and Final Plat for a two (2) lot subdivision. Adjacent Land Use The surrounding properties are residences and farms on varying sized parcels ranging from 5 to 25 acres. There are a few parcels that exceed 40 acres.

Flood Plain There are no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0225G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Tonganoxie Township Fire Water: Rural Water #9 Electric: LJEC Access/Streets The property is accessed by 223

rd Street. This road is a County local road with a gravel surface ± 28’ wide

Agency Comments See attached comments – Memo – David Lutgen – Public Works, January 4, 2017 See attached comments – Memo – Cathy Bowen – Rural Water District #9, January 4, 2017 See attached comments – Memo – Michael Swan – Planning and Zoning, January 3, 2017 See attached comments – Memo – Chuck Magaha – Emergency Management, December 22, 2016 See attached comments – Memo – Wayne Malnicof – County Surveyor, December 19, 2016 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, have the minimum frontage of 300’, Minimum lot size of 5 acres.

2. The property is not within a sewer district boundary and not 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 cannot confirm water availability without conducting an engineering analysis. The water district cannot provide fire protection. The developer shall provide improvements to the water lines to supply water and fire protection to the lots within this subdivision.

4. The proposed subdivision is in accordance with the Comprehensive Plan. Subdivision Classification This is classified as a Class “C” Subdivision. According to the Leavenworth County Zoning & Subdivision Regulations, a Class “C” Subdivision is any subdivision in which all 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 3.) Staff Comments This is a two-lot subdivision that meets the regulations of the Leavenworth County Zoning and Subdivision Regulations. Rural Water District #9 has a 2” main along 223

rd Street. The water district confirms that the

current water line cannot support fire hydrants; however, it is not known whether there is sufficient capacity for additional water service. Since both proposed lots are larger than 5 acres, a well is allowed as long as KDHE regulations are met. Both of the proposed lots meet the required lot-width to lot-depth ratios and minimum road frontage requirement for the RR-5 zoning class. Public Works is requesting a shared access point for both lots; therefore, an access easement is requested for Lot 2.

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February 23, 2017 Leavenworth County Board of County Commission 3

ACTION OPTIONS:

1. Recommend approval of Case No. DEV-16-122/123, Preliminary and Final Plat for Edholm Acres, with or without conditions for the following reasons; or

2. Recommend denial of Case No. DEV-16-122/123, Preliminary and Final Plat for Edholm Acres, for the

following reasons; or 3. Revise or Modify the Planning Commission Recommendation to Case No DEV-16-122/123, Preliminary

and Final Plat for Edholm Acres, for the following reasons; or 4. Continue the case to another date, time and place because; or, 5. Remand the case back to Planning Commission

ATTACHMENTS: Aerial Map Memorandums Preliminary and Final Plat Planning Commission Meeting Minutes

Page 8: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan
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Leavenworth County Request for Board Action

Date: February 23, 2017 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Jeff Joseph Additional Reviews as needed:

Budget Review Administrator Review × Legal Review ×

Action Requested: Review a Special Use Permit for an agriculturally-related business, Free State Vineyards located at 15930 246th Street. Analysis: The owners, Mr. and Mrs. Hand, are requesting the renewal of their Special Use Permit (SUP) for an agriculturally-related business. They have been running their gift shop business at their property since 2012. The gift shop was established as a supplemental business that compliments their winery business as the majority of gift shop visitors’ primary reason for visiting the property is the winery. They would like to continue to sell wine-related items such as: wine glasses, winery t-shirts, cork screws etc. They are not requesting any changes to the permit; however, they are lowering the estimated number of weekly visitors from the original permit. Recommendation: The Planning and Zoning Commission voted 7-0 (2 absent) to recommend approval of Case No. DEV-16-118 subject to conditions. Alternatives:

1. Approve Case No. Case No. DEV-16-118 – Special Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact, with or without conditions; or

2. Deny Case No. DEV-16-118 – Special Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-16-118 – Special

Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact, with or without conditions; or

4. Continue the Public hearing to another date, time, and place because; or

5. Remand the case back to 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, Narrative, Maps, Memorandums and PC Meeting Minutes

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Board of County Commission Leavenworth County

Briefing Report

***Public Hearing Required***

From: Planning and Zoning Department

Date: February 23, 2017

Case: DEV-16-118, Special Use Permit for Free State Vineyards.

Applicant/Owner: Kieth & Cheryl Hand

Location: East side of 246th Street, ± 2000 ft. North of Hemphill Road

15930 246th St. Lawrence, KS 66044

Request: The applicant is requesting a renewal for their Special Use Permit for an

agriculturally-related business. The applicant has been running the gift shop for five

years as a supplemental business to their winery operations. The applicant is not

requesting any changes from the 2012 Special Use Permit.

Stakeholders Involved:

The property owner.

Planning Commission Recommendation:

Planning Commission voted 7-0 (2 Absent) to recommend approval of Case No. DEV-16-118 for a Special Use Permit for Free State Vineyard.

Action required by the Board of County Commission:

A Public Hearing is required. There is a resolution for this case.

1) Approve 2) Deny 3) Modify 4) Continue 5) Remand back to Planning Commission

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Case No. DEV-16-118 Special Use Permit – Free State Vineyard North ↑

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February 23, 2017 Leavenworth County Board of County Commission 1

***Renewal without changes*** Case No. DEV-16-118 Free State Vineyards

Special Use Permit – Agri-Business ** Public Hearing Required **

Staff Report – Board of County Commission February 23, 2017

GENERAL INFORMATION: Applicant/ Kieth and Cheryl Hand Property Owner: 15930 246

th Street

Lawrence, KS 66044

Legal Description: All of Lot 3, Pony Creek Subdivision, a subdivision of land in Leavenworth County, Kansas also known as 15930 246

th Street in Leavenworth County,

Kansas Location: East side of 246

th Street approximately 2,000 feet North of Hemphill Road

Parcel Size: ± 9.6 acres Zoning/Land Use: RR-5, Rural Residential 5-acre minimum size parcels Urban Growth Management Area: This property is not within a City Urban Growth Management Area. Comprehensive Plan: This parcel is within the Rural Density Residential land use category. Parcel ID No.: 207-25-0-00-00-010.04

Planner: Michael Swan

REPORT:

Planning Commission Recommendation Planning Commission voted 7-0 (2 Absent) to recommend approval of Case No. DEV-16-118 for a Special Use Permit for an Agri-Business, Free State Vineyards subject to the following conditions:

1. The SUP shall be limited to a period of five (5) years.

2. The business shall be limited to the hours of 10 am to 6 pm, Monday through Sunday

3. The applicant shall pay a Traffic Impact Fee (TIF) of $85.15

4. The SUP shall be limited to two (2) employees other than the business owners and family.

5. If the winery were to cease to operate, the Special Use Permit (SUP) shall self-terminate.

6. The applicant shall adhere to the following memorandums: a. Chuck Magaha – Emergency Management, December 12, 2016

7. 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.

8. No on-street parking shall be allowed. 9. This SUP shall be limited to the Narrative dated November 10

th, 2016 submitted with this application.

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February 23, 2017 Leavenworth County Board of County Commission 2

10. 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 agriculturally-related business to sell retail items in conjunction with an existing winery. Adjacent Land Use The surrounding properties are residences and farms on varying sized parcels ranging from 5 acre to 40 acres. There are several larger parcels ranging from 75-120 acres. Flood Plain There are no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0300G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Reno Township Fire Dept. Water: RWD #13 Electric: LJEC Access/Streets The property is accessed by 246

th Street, a County collector road with a Chip & Seal surface ± 22’ wide.

Agency Comments See attached comments – Memo – Michael Swan – Planning and Zoning, December 6, 2016 See attached comments – Memo – David Lutgen, P.E. – Public Works, December 15, 2016 See attached comments – Memo – Melissa Johnson – Codes Enforcement Officer, December 6, 2016 See attached comments – Memo – Chuck Magaha – Emergency Management, December 12, 2016 See attached comments – Memo – Herbert Stoskopf– Reno Township Fire Department, December 12, 2016 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 rural residences, and agricultural uses.

2. Zoning and uses of nearby property: The surrounding properties are zoned RR-5, Rural Residential 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: There should not be any negative impact.

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 renewal will

continue to provide income to the applicant and generate sales tax revenue. 7. Conformance to the Comprehensive Plan: The Future Land Use Map indicates this area to be suited

for Rural-Density residential and agricultural uses. 8. Staff recommendation is for the approval of Special Use Permit with conditions.

History The gift shop has been in business since 2012. The gift shop was established shortly after the winery operations began. The gift shop is permitted and managed separately from the winery business. The Special Use Permit (SUP) was originally approved in December 2011. A letter was sent to Mr. Hand in October 2016 informing him that the SUP would expire at the end of the year. The renewal application was received in November 2016.

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February 23, 2017 Leavenworth County Board of County Commission 3

Staff Analysis

LOCATION Adjacent Residences Adjacent residences are rural homes. Most surrounding properties are 10-40

parcels, or larger. Several parcels are larger than 40 acres. Adjacent Zoning/Uses Zoning in the area is RR-5 parcels; uses are primarily rural residences and

agricultural. Density The area has a low population density.

Nearby City Limits The city of Tonganoxie is approximately 3.5 miles to the northeast of the property. Urban Growth Area The property is not located within any City Urban Growth Management Area.

Site Visit A site visit was conducted on January 3

rd, 2017. The property was clean and orderly. The gift shop was

organized and well maintained. Complaints No complaints have been issued for this parcel. Staff Comments The owners, Mr. and Mrs. Hand, are requesting the renewal of their Special Use Permit (SUP) for an agriculturally-related business. They have been running their gift shop business at their property since 2012. The gift shop was established as a supplemental business that compliments their winery business as the majority of gift shop visitors’ primary reason for visiting the property is the winery. They would like to continue to sell wine-related items such as: wine glasses, winery t-shirts, cork screws etc. They are not requesting any changes to the permit; however, they are lowering the estimated number of weekly visitors from the original permit.

ACTION OPTIONS:

1. Approve Case No. Case No. DEV-16-118 – Special Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact, with or without conditions; or

2. Deny Case No. DEV-16-118 – Special Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact; or

IMPACT Noise Pollution The gift shop will not produce any noise pollution. Traffic The use will not create additional traffic as the majority of gift shop customers are

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

requesting lighting. Outdoor Storage None Parking The applicant has twelve (12) parking spots for gift shop visitors. Visitors/Employees The property owners are the only employees. They anticipate 3 cars a week

(during winter months) and 5 cars a week (during summer months). Waste The gift shop has one restroom for visitors. The gift shop has its own septic

system. The applicant no longer disposes of sulphur through the septic system.

SITE COMPATABILITY Size of Parcel The parcel is 9.6 acres in size. Zoning of Parcel The parcel is zoned Rural Residential-5 Buildings (Existing & Proposed)

The gift shop is located in a 30x40 ft. accessory structure.

Setbacks The existing building meets the required setbacks. Screening There is no screening or buffering along the south property line.

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February 23, 2017 Leavenworth County Board of County Commission 4

3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-16-118 – Special Use Permit – Agri-Business, Free State Vineyards, with Findings of Fact, with or without conditions; or

4. Continue the Public hearing to another date, time, and place because; or

5. Remand the case back to Planning Commission.

ATTACHMENTS: Narrative Location/Aerial Maps Memorandums Planning Commission Meeting Minutes

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1

Leavenworth County Request for Board Action

Date: February 23, 2017 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Jeff Joseph, Reviewed Additional Reviews as needed:

Budget Review Administrator Review x Legal Review x

Action Requested: Review a Temporary Special Use Permit request from Westar Energy for a laydown yard located at 32759 Easton Road. Analysis: Westar Energy is replacing a transmission line located in Leavenworth County. Temporary laydown yards, used for the storage of materials required for the successful completion of the project, are necessary. The temporary laydown yard will utilize an area of approximately 5.2 acres. Westar will install a rock surface with an area for parking, materials and temporary construction trailers. Employees and suppliers will access the property from an existing driveway off of Easton Road. Construction of the yard will begin in June 2017. Upon completion of the yard, deliveries of the needed supplies will be mostly completed by mid-October 2017. Westar anticipates the laydown yard will be decommissioned by January 2019. While in operation, there may be up to 40 employees reporting to the site daily. Westar officials indicate initially 10-15 employees will report to the site daily, but during peak construction there will be significantly more. As the project concludes, the number of employees will decrease to approximately 15. Employees will report to the site at 7:00 AM, Monday- Saturday. Employees will gather at the site where they will receive a safety briefing and instruction for the day. They will then gather needed materials and leave the site in crews. Typically operations begin at 7:00 AM and take place for up to 10 hours. As they day light hours increase, crews tend to work longer hours. However, the primary activities take place off-site. Crews return to the site at the end of the day and leave in their personal vehicles. Recommendation: Planning and Zoning Staff recommend approval of Case No. DEV-17-007 subject to the following conditions:

1. This SUP shall be limited to a period of two (2) years.

2. The hours of operation shall be limited to 7:00 AM until 7:00 PM, Monday-Saturday and 8:00 AM until 2:00 PM on Sundays.

3. The SUP shall be limited to 45 employees.

4. The applicant shall adhere to the following memorandums: a. Chuck Magaha – Emergency Management, February 4, 2017

5. The applicant shall provide a certificate of liability insurance with a minimum of $1,000,000 per

occurrence with certificate holder listed as County of Leavenworth.

6. Portable toilets shall be provided and serviced by a licensed hauler in Leavenworth County.

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2

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

8. No on-street parking shall be allowed.

9. This SUP shall be limited to the Narrative dated January 19, 2017 submitted with this

application.

10. 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 Office within 30 days.

Alternatives: Not approve the requested Special Use Permit, which will result in the applicant seeking another location for the laydown yard. 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: Application

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Leavenworth County Request for Board Action

Date: February 23, 2017 To: Board of County Commissioners From: Planning and Zoning Staff

Department Head Review: Jeff Joseph, Reviewed Additional Reviews as needed:

Budget Review Administrator Review x Legal Review x

Action Requested: Review a Preliminary and Final Plat request for a 4-lot subdivision, Crossing Deer Estates located at the corner of 174th & Evans Road. Analysis: The applicant, Schalgel & Associates, P.A., have submitted a proposed four-lot subdivision. The applicant is proposing road frontage for Lot 1 be located on Evans Road, a County Collector Road with a hard surface. Lots 2, 3 & 4 front on 174th, a County Local Road, with a gravel surface. In July of 2016, the applicants requested, and were granted, a Tract Split on the original 40 acre parcel. The resulting land division created two parcels, a seven-acre parcel (the referenced unplatted tract at the southern-most portion of the property) and an approximately 32 acre parcel. The remaining 32 acres is the tract of land the developers are requesting this four-lot subdivision. The proposed lots meet the Leavenworth County Zoning and Subdivision Regulations for lot size, road frontage and width-to-depth ratios. The applicants are proposing lots 2, 3 & 4 front on 174th street, and Lot 1 front on Evans Road. The Director of Public Works has indicated entrances off of Evans Road will not be approved. Recommendation: The Planning Commission voted 7-0 (2 absent) to recommend approval of Case. No. DEV-17-001/002 subject to conditions.

Alternatives: 1. Approve Case No. DEV-17-001/002, Preliminary & Final Plat for Crossing Deer Estates, with

Findings of Fact, and with or without conditions; or

2. Deny Case No. DEV-17-001/002, Preliminary & Final Plat for Crossing Deer Estates, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-17-001/002,

Preliminary & Final Plat for Crossing Deer Estates, with Findings of Fact; or 4. Continue the Public hearing to another date, time, and place; or 5. 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

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Additional Attachments: Staff Report, Aerial Map, Memorandums, Plats and Planning Commission Meeting Minutes

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February 23, 2017 Leavenworth County Board of County Commission 1

Case No. DEV-17-001/002 Crossing Deer Estates

Preliminary and Final Plat Staff Report – Board of County Commission February 23, 2017

GENERAL INFORMATION: Applicant/ Crossing Deer Estates, LLC Property Owner: 14127 Belrive Circle

Basehor, KS 66007 Agent: Schlagel & Associates, P.A. 14920W. 107

th Street

Lenexa, KS 66215 Legal Description: A tract of land in the northwest quarter of Section 16, Township 11 South,

Range 22 East of the 6th P.M, in Leavenworth County, Kansas.

Location: 00000 Evans Road, the corner of 174

th & Evans Road approximately 1 mile west of

the City of Basehor.

Parcel Size: ± 31 acres Zoning/Land Use: RR-5, Rural Residential 5-acre minimum size parcels Urban Growth Management Area: This property is located within the City of Basehor’s Urban Growth Management

Area. Comprehensive Plan: This parcel is within the Low Density Residential land use category. Parcel ID No.: 185-16-0-00-00-024.00

Planner: Krystal A. Davis

REPORT:

Planning Commission Recommendation The Planning Commission vote 7-0 (2 absent) to recommend approval of Case No.DEV-17-001 & 002, Preliminary and Final Plat for Crossing Deer Estates, with the following conditions:

1. Standard RIF and TIF shall apply for any new residential units.

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. Krystal A. Davis – Planning and Zoning, January 18, 2017 b. David Lutgen – Public Works, January 13, 2017 c. Wayne Malnicof – County Surveyor, January 17, 2017 d. Chuck Magaha – Emergency Management, January 19, 2017 e. Chuck Magaha - Basehor/Fairmount Fire District, January 25. 2017 f. Travis J. Miles - Rural Water District Suburban, February 1, 2017

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.

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February 23, 2017 Leavenworth County Board of County Commission 2

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. HISTORY In April of 2016 the applicant submitted a Preliminary & Final Plat for an 8-lot subdivision of the current property. Due to the number of lots fronting on 174

th – a gravel road, the Public Works department required

the developer improve 174th Street to County standards.

The applicant submitted revised drawings which indicated a total of five lots for the subdivision. Four lots fronted on 174

th and one lot fronted on Evans Road. The proposed five-lot subdivision was taken to Planning

Commission in June, 2016. At that time, the applicant requested the Planning Commission agree to the five-lot subdivision without improving 174

th Street. The Planning Commission continued the case in order to give

the applicant and public works an opportunity to come to an agreement regarding the improvement of 174th

Street. On July 7, 2016 the applicant requested the case be withdrawn. On the same day, the applicant submitted an application for a Tract Split of the property. The Tract Split resulted in the property being divided into two separate tracts. One tract is approximately 7.5 acres and the remaining tract is approximately 32.5 acres. In December 2016, the applicant submitted an application for a five-lot subdivision of the remaining 32.5 acre tract. The Director of Public Works indicated the applicant will be required to improve 174

th street.

Additionally, Public Works has indicated entrances will not be granted for lots fronting on Evans Road. The applicant submitted revised drawings in January, 2017 which indicate a total of four lots, three of which front on 174

th Street and the remaining lot fronts of Evans Road. Approval of this request will result in a total

of five lots along 174th Street.

Request The applicant is requesting a Preliminary and Final Plat for a 4-lot 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 no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0350G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Basehor/Fairmount Water: Suburban Electric: Westar Access/Streets The property is accessed by both 174

th and Evans Road. 174

th is a county local road with a gravel surface

approximately 25’ wide. Evans Road is a county collector street with a hard surface approximately 25’ feet wide. Agency Comments See attached comments – Memo – Krystal A. Davis – Planning and Zoning, January 18, 2017 See attached comments – Memo – David Lutgen – Public Works, January 13, 2017 See attached comments – Memo – Wayne Malnicof – County Surveyor, January 17, 2017 See attached comments – Memo – Chuck Magaha – Emergency Management, January 19, 2017 See attached comments – Memo – Chuck Magaha –Basehor/Fairmount, January 25, 2017 See attached comments – Memo – Travis J. Miles– Rural Water District Suburban, February 1, 2017

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February 23, 2017 Leavenworth County Board of County Commission 3

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, 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

This is classified as a Class “B” Subdivision. According to the Leavenworth County Zoning & Subdivision Regulations, a Class “B” Subdivision is any subdivision in which all the lots lie within the Initial Urban 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 The applicants have submitted a proposed four-lot subdivision. The applicant is proposing road frontage for Lot 1 be located on Evans Road, a County Collector Road with a hard surface. Lots 2, 3 & 4 front on 174

th, a

County Local Road with a gravel surface. In July of 2016, the applicants requested, and were granted, a Tract Split on the original 40 acre parcel. The resulting land division created two parcels, a seven-acre parcel (the referenced unplatted tract at the southern-most portion of the property) and an approximately 32 acre parcel. The remaining 32 acres is the tract of land the developers are requesting this four-lot subdivision. The proposed lots meet the Leavenworth County Zoning and Subdivision Regulations for lot size, road frontage and width-to-depth ratios. The applicants are proposing lots 2, 3 & 4 front on 174

th street, and Lot 1 front on

Evans Road. The Director of Public Works has indicated entrances off of Evans Road will not be approved.

ACTION OPTIONS:

1. Approve Case No. DEV-17-001/002, Preliminary & Final Plat for Crossing Deer Estates, with Findings of Fact, and with or without conditions; or

2. Deny Case No. DEV-17-001/002, Preliminary & Final Plat for Crossing Deer Estates, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-17-001/002,

Preliminary & Final Plat for Crossing Deer Estates, with Findings of Fact; or 4. Continue the Public hearing to another date, time, and place; or 5. Remand the case back to the Planning Commission.

ATTACHMENTS: Aerial Map Memorandums Preliminary and Final Plat Planning Commission Minutes

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1

Leavenworth County Request for Board Action

Date: February 23, 2017 To: Board of County Commissioners From: Planning & Zoning Staff

Department Head Review: Jeff Joseph, Reviewed Additional Reviews as needed:

Budget Review Administrator Review x Legal Review x

Action Requested: Review a Special Use Permit for an Event/Conference Center, Hidden Valley Retreat located at 19190 Logan Road. Analysis: The applicants, Stan & Denise Woods, are requesting approval of a retreat center on their property. Mr.& Mrs. Woods are proposing a unique venue to accommodate guests looking to experience a quiet, natural setting. There is currently a home on the property which was once used as a retreat for a monk and a priest. The location and history of the property, as well as, the established trail system make this an ideal location for the proposed use. The Woods are proposing construction of three treehouses which will be used for overnight accommodations, in addition to the space inside of the current home. The total number of overnight guests will not exceed 12. Guests will have access to a toilet and shower facilities, many trails, a koi pond and a hot tub. Up to 36 guests may use the property daily to hike and enjoy the outdoor serenity. The bathhouse will be constructed in two phases and will be properly permitted prior to construction. The Woods are proposing the addition of a pavilion. This pavilion will be used primarily to host company retreats, and small wedding ceremonies. The pavilion will only have electricity for lighting and a ceiling fan. There is not a kitchen in the pavilion and it will not be used to house guests overnight. The Woods will not provide food, other than fresh fruit and pre-packaged items such as muffins and sandwiches. There is limited parking currently, and the applicants intend to provide additional parking. All parking is off-street and is shielded in view from neighboring properties. The applicants are requesting the addition of an attractive sign to be located at the entrance to the property. The sign will be lit with a small ground spotlight. Recommendation: The Planning and Zoning Commission voted 7-0 (2 absent) to recommend approval of Case. No. DEV-16-125 subject to conditions. Alternatives:

1. Approve Case No. DEV-16-125, Special Use Permit for an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or

2. Deny Case No. DEV-16-125, Special Use Permit for an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation Case No. DEV-16-125, Special Use

Permit for an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or 4. Continue the Public hearing to another date, time, and place; or

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2

5. Remand the case back to 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: Application

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February 23, 2017 Leavenworth County Board of County Commission 1

Case No. DEV-16-125 Hidden Valley Retreat Center

Special Use Permit – Event/Conference Center **Public Hearing Required**

Staff Report – Board of County Commission February 23, 2017

GENERAL INFORMATION: Applicant/ Stan & Denise Woods Property Owner: 19190 Logan Road

Easton, KS

Legal Description: A tract of land in the south ½ of Section 25, Township 7 South, Range 21 East of the 6

th P.M, in Leavenworth County, Kansas.

Location: 19190 Logan Road, approximately two miles east of Amelia Earhart Road

Parcel Size: ± 34 acres Zoning/Land Use: RR-5, Rural Residential 5-acre minimum size parcels Urban Growth Management Area: This property is not within a City Urban Growth Management Area. Comprehensive Plan: This parcel is within the Agricultural Preserve land use category. Parcel ID No.: 037-25-0-00-00-001.00

Planner: Krystal A. Davis

REPORT:

Planning Commission Recommendation The Planning Commission Voted 7-0 (2 absent) to recommend approval of Case No.DEV-16-125, Special Use Permit for an Event/Conference Center – Hidden Valley Retreat, with the following conditions:

1. The SUP shall be limited to a period of five (5) years.

2. The business shall be limited to the hours of sunrise to sunset, except for guests staying overnight.

3. The applicant shall pay a Traffic Impact Fee (TIF) of $883.93.

4. The applicant shall provide a certificate of liability insurance in the amount of $1,000,000 per occurrence with the certificate holders listed as Leavenworth County.

5. An engineered septic system shall be required.

6. The applicant shall obtain all applicable building permits prior to construction of any buildings.

7. The SUP shall be limited to no more than two employees other than the applicants and family.

8. The applicant shall adhere to the following memorandums:

a. Chuck Magaha – Emergency Management, January 19, 2017 b. Denise Eggers Rural Water District #12, January 6, 2017

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

10. No on-street parking shall be allowed.

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February 23, 2017 Leavenworth County Board of County Commission 2

11. This SUP shall be limited to the Narrative December 16, 2016 submitted with this application and the additional information provided January 20, 2017.

12. 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 to operate a retreat and conference center. Adjacent Land Use The surrounding properties are residences and farms on varying sized parcels ranging from 5 acres to over 240 acres in size. Flood Plain There are no Special Flood Hazard Areas on this parcel per FEMA Firm Map 20103C0050 G July 16, 2015. Utilities/Services Sewer: Private septic system Fire: Kickapoo Water: RWD #12 Electric: LJEC Access/Streets The property is accessed by Logan Road, a County Arterial with a hard surface ± 30’ wide. Agency Comments See attached comments – Memo – Melissa Johnson – Codes Enforcement Officer, January 6, 2017 See attached comments – Memo – Chuck Magaha – Emergency Management, January 19, 2017 See attached comments – Memo – Denise Eggers – Rural Water District #12, January 6, 2017 See attached comments – Email – Name – Electric utility, Month day, 2016

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 rural residences, and agricultural uses.

2. Zoning and uses of nearby property: The surrounding properties are zoned RR-5, Rural Residential 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. The applicants are requesting a low-intensity use of the property. Additionally, the property is very heavily-wooded which will protect surrounding property owners from noise and other disturbances.

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 to the applicant and services to Leavenworth County and surrounding areas. 7. Conformance to the Comprehensive Plan: The Future Land Use Map indicates this area as

Agricultural Preserve. The proposed use will preserve a 34 acre, heavily wooded lot. 8. Staff recommendation is for the approval of Special Use Permit with conditions.

History The property has been used in the past as a meditation retreat by a monk and a priest, according to the applicant. Currently, the parcel is the residence of the applicants.

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February 23, 2017 Leavenworth County Board of County Commission 3

Staff Analysis

LOCATION Adjacent Residences Residences in the area are primarily large-lot rural residences. Adjacent Zoning/Uses Zoning in the area is RR-5 and are used primarily as rural residences and

agricultural uses. Density The area is not densely populated. Nearby City Limits There is not a city nearby the property. The City of Easton is more than five miles

to the Southeast. Urban Growth Management Area

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

SITE COMPATABILITY Size of Parcel The parcel is more than 34 acres. Zoning of Parcel The parcel is zoned Rural Residential-5 Buildings (Existing & Proposed)

There is currently a home located on the property. A portion of the home will be used to accommodate overnight guests. The applicants are proposing three (3) treehouse accommodations as well as a pavilion. Additionally, there will be one (1) exterior hot tub and a bathhouse. The bathhouse will be built in two phases. The first phase will include two toilets and two showers. The second stage will include two more toilets and showers for a total of 4 bathroom units.

Setbacks Existing building meet the required setbacks. All proposed buildings shall meet County setback regulations.

Screening The property is very densely wooded, and the proposed guest accommodations are located deep within the property several hundred feet from any neighboring property lines.

Site Visit Staff completed a site visit on January 20, 2017. The property is very heavily wooded, with many marked and cleared trails. There is a small home located on the property, which will be used to accommodate guests. The applicants showed staff the proposed locations of the treehouses and future parking. These proposed sites are very secluded from neighboring properties and are appropriate for the intended use. The site remains in a very natural, wooded, serene state and is ideal for a camping and quiet retreat center. Staff Comments The applicants approached Planning and Zoning staff several months ago regarding a camping and retreat center on their property. Mr.& Mrs. Woods are proposing a unique venue to accommodate guests looking to experience a quiet, natural setting. There is currently a home on the property which was once used as a

IMPACT Noise Pollution This use will not create excessive additional noise. Primarily, the site will be used

to hold quite retreats, camping and hiking activities. Occasionally, there may be very small wedding ceremonies at the site, but there will not be wedding receptions.

Traffic The use will create limited additional traffic. The overnight lodging will accommodate a maximum of 12 people, and daytime activities will accommodate a maximum of 36 people. The anticipated traffic to the site on any given day is approximately 10 vehicles.

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

Outdoor Storage There is no request for outdoor storage. Parking The applicant has current parking approximately 6 vehicles, and intends to add a

small parking area in the future. There will be no on-street parking. Visitors/Employees The only employees will be the property owners. It is expected that the busiest

time of year will be the spring-fall months. During this time, there may be up to 12 over-night guests and up to 36 daily guests. Daily guests will use the area to hike and enjoy the natural beauty of the property.

Waste Waste will be managed by an engineered waste water disposal system.

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February 23, 2017 Leavenworth County Board of County Commission 4

retreat for a monk and a priest. The location and history of the property, as well as, the established trail system make this an ideal location for the proposed use. The Woods are proposing construction of three treehouses which will be used for overnight accommodations, in addition to the space inside of the current home. The total number of overnight guests will not exceed 12. Guests will have access to a toilet and shower facilities, many trails, a koi pond and a hot tub. Up to 36 guests may use the property daily to hike and enjoy the outdoor serenity. The bathhouse will be constructed in two phases and will be properly permitted prior to construction. The Woods are proposing the addition of a pavilion. This pavilion will be used primarily to host company retreats, and small wedding ceremonies. The pavilion will only have electricity for lighting and a ceiling fan. There is not a kitchen in the pavilion and it will not be used to house guests overnight. The Woods will not provide food, other than fresh fruit and pre-packaged items such as muffins and sandwiches. There is limited parking currently, and the applicants intend to provide additional parking. All parking is off-street and is shielded in view from neighboring properties. The applicants are requesting the addition of an attractive sign to be located at the entrance to the property. The sign will be lit with a small ground spotlight.

ACTION OPTIONS:

1. Approve Case No. DEV-16-125, Special Use Permit for an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or

2. Deny Case No. DEV-16-125, Special Use Permit for an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or

3. Revise or Modify the Planning Commission Recommendation Case No. DEV-16-125, Special Use Permit for

an Event/Conference Center – Hidden Valley Retreat, with Findings of Fact; or 4. Continue the Public hearing to another date, time, and place; or

5. Remand the case back to Planning Commission.

ATTACHMENTS: Narrative Location/Aerial Maps Memorandums Planning Commission Minutes

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Page 1 of 2

RESOLUTION 2017- A resolution of the Leavenworth County Kansas Board of County Commission, issuing a Special Use Permit for a Convention/Conference center, Hidden Valley Retreat on the following described property: Tract of land in the South Half of the Southwest Quarter of Section 25, Township 7 South, Range 21 East of the 6th P.M., Leavenworth County, Kansas, more fully described as follows: Commencing at the Southwest corner of said Southwest Quarter; thence North 88 degrees 21'59" East for a distance of 1504.25 feet along the South line of said Southwest Quarter to the TRUE POINT OF BEGINNING; thence North 01 degrees 38'01" West for a distance of 882.66 feet to a 1/2" Bar Cap LS-1296; thence South 88 degrees 21'59" West for a distance of 24.29 feet to a 1/2" Bar Cap LS-1296; thence North 01 degrees 49'10" West for a distance of 437.55 feet; thence North 88 degrees 19'56" East for a distance of 1155.50 feet to the East line of said South Half of the Southwest Quarter; thence South 01 degrees 47'53" East for distance of 1320.90 feet to the Southeast Corner of said Southwest Quarter; thence South 88 degrees 21'59" West for a distance of 1133.58 feet along the South line of the Southwest Quarter to the point of beginning. Together with and subject to covenants, easements, and restrictions of record. In Leavenworth County, Kansas more commonly known as 19190 Logan Road

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 16th day of December, 2016, 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 8th day of February, 2017; 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 23rd day of February, 2017, 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 23rd

day of February, 2017, and incorporated herein by reference;

That Case No. DEV-16-125, Special Use Permit for a Convention/Conference Center, Hidden Valley Retreat approved subject to the following conditions:

1. The SUP shall be limited to a period of five (5) years.

2. The business shall be limited to the hours of sunrise to sunset, except for guests staying overnight.

3. The applicant shall pay a Traffic Impact Fee (TIF) of $883.93.

4. The applicant shall provide a certificate of liability insurance in the amount of $1,000,000 per occurrence with the certificate holders listed as Leavenworth County.

5. An engineered septic system shall be required.

6. The applicant shall obtain all applicable building permits prior to construction of any buildings.

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7. The SUP shall be limited to no more than two employees other than the applicants and family.

8. The applicant shall adhere to the following memorandums:

a. Chuck Magaha – Emergency Management, January 19, 2017 b. Denise Eggers Rural Water District #12, January 6, 2017

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

10. No on-street parking shall be allowed. 11. This SUP shall be limited to the Narrative December 16, 2016 submitted with this application and the additional

information provided January 20, 2017. 12. 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 25, Township 7 South, Range 22 East, also known as 19190 Logan Road, parcel no. 037-25-0-00-00-001.00 in Leavenworth County, Kansas.

Adopted this 23rd day of February, 2017 Board of County Commission Leavenworth, County, Kansas ______________________________ Doug Smith, Chairman

ATTEST ______________________________ Clyde D. Graeber, Member ____________________________ ______________________________ Janet Klasinski Robert W. Holland, Member

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LEAVENWORTH COUNTY

Human Resources Department

Quarterly Report

February 23, 2017 (Thursday)

HR Quarterly Report Page 1

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Leavenworth County Human Resources Department 4th Quarter 2016 Activity Report Report Period: October-December

1. Employee Totals • 4th Quarter 2016 reflects an increase of 18 employees from the prior quarter. This is less than a 2% decrease

from last year. Total employee count is 419 employees.

2015 Quarters Full Time Part Time Intermittent/On Call Total 2nd 336 11 86 433 3rd 348 25 64 437 4th 342 13 71 426

2016 Quarters Full Time Part Time Intermittent/On Call Total 1st 341 14 61 420 2nd 338 10 61 409 3rd 333 11 57 401 4th 356 13 50 419

2. Turnover by Department • 2016 Jan-Dec number of positions that turned over is 105 positions. 2015 Jan-Dec. was 94 positions. • The turnover rate is trending at 11.70%. This is a decrease from third quarter which was 17.39% increase.

o 10% is the golden turnover number to aim for. • Departments most impacted are: Public Works, Sheriff, EMS, and COA. (Public Works summer hire ended) • We have 63 voluntary terminations. This includes temporary and other positions that ended. • We have had 38 involuntary terminations and 4 retirements. Law change caused several losses for Sheriff.

2016 (1st – 4th Quarter) 2015 (1st – 4th Quarter)

Department 2016

Voluntary Terminations

2016 Involuntary

Terminations 2016

Retired 2016

TOTAL 2015

Voluntary Terminations

2015 Involuntary

Terminations 2015

Retired

ALL 2015

TOTAL CO Attorney 2 2 2 2 Commission/ Counselor 2 1 3 1 1

Adult /Probate 1 1 1 1 CO Clerk 3 1 4 Council/Aging 8 2 10 8 1 3 12 Appraiser Health 6 6 5 5 GIS 1 1 IS 1 1 HR 1 1 2 2 EMS 13 2 15 14 2 1 17 Juvenile 6 2 8 8 2 1 11 Planning 2 2 Public Works 6 18 24 20 4 24 ROD 1 1 2 Sheriff 12 10 1 23 11 1 1 13 Treasurer 4 2 6 2 2 TOTAL 63 38 4 105 75 11 8 94

HR Quarterly Report Page 2

Page 34: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

3. WORKER’S COMPENSATION TRACKING • Workers Comp rates for 2017 will be .76%. This is a decrease of .10% from 2015. This is a savings of

$77,709 for the year. Employees working safely has saved the county money! • In 2014, there were 38 worker’s comp claims. • In 2015, there were 39 worker’s comp claims. • As of December 31, 2016 there are 14 worker’s comp claims. (This is a 64% decrease which is GREAT!)

• We have had 3 very costly claims that will still impact our rate for 2018. One was preventable 2 were not. To keep workers comp rates low we need to continue to work towards preventing costly or preventable workplace injuries by continuing to enhance and follow safety protocols set by departments.

4. INCIDENT (Non Injury) REPORT TRACKING • In 2014, there were 31 incident reports. In 2015, there were 27 incident reports. • As of December 31, 2016 there are 55 incident reports. This is a 104% increase. It is important that departments continue to remind employees to review and stay current on their departments’ safety protocols to prevent or reduce some of these incidents.

5. FMLATRACKING

• In 2014, there were 48 FMLA claims. In 2015, there were 55 claims. • As of December 31, 2016 there are 52 FMLA claims. This is a 5.45% decrease.

Quarter Number of FMLA Claims

Number of FMLA Claims Types of claims

2016 TOTAL 2015 TOTAL YEAR TOTAL 52 55 Medical Procedure, Illness, Chronic Care, & Maternity

1st 14 16 Medical Procedure, Illness, Chronic Care, & Maternity 2nd 9 12 Medical Procedure, Illness, Chronic Care, & Maternity 3rd 17 15 Medical Procedure, Illness, Chronic Care, & Maternity 4th 12 12 Medical Procedure, Illness, Chronic Care, & Maternity

Quarter Number of

Claims Types of Claims Total Paid Anticipated Total Cost

2014 TOTAL 38 Injuries/Accidents $38,880 $72,350 2015 TOTAL 39 Injuries/Accidents $19,392 $190,150

1st 10 Injury $3,355 $31,700 2nd 12 Injury 0 0 3rd 8 Injury, Rash, Sting $2,521 $7,700 4th 9 Injury, fell, vehicle accident $13,516 $150,750

Quarter Number of

Claims Types of Claims Total Paid Anticipated Total Cost

2016 TOTAL 14 Injuries/Accidents $12,191 $31,049 1st 1 Injuries/Accidents $1,961 $6,760 2nd 5 Exposure/Injuries/Accidents $2,421 $5,939 3rd 4 Injuries/Accidents $2,434 $7,250 4th 4 Burn/Injuries/Accidents $5,375 $11,100

Number of Incidents

2016 2015

2014 Types of Incidents

1st 9 1 Vehicle, Equipment, Mowing, Fall Non Injury 2nd 18 3 Vehicle, Equipment, Mowing, Fall Non Injury 3rd 14 13 Vehicle, Equipment, Mowing, Fall Non Injury 4th 14 6 Vehicle, Equipment, Mowing, Fall Non Injury

2016 TOTAL 55 23 31 Vehicle, Equipment, Mowing, Fall Non Injury

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Page 35: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

6. KDOL Rates for 2017 will be .22%. Rates have decreased by .83% in 2 years. The saving for the 2017 year will be $103,630 from what we paid in 2014. HR is responding to and successfully winning claims which is bringing the rates down.

KDOL Rates & Cost 2017 2016 2015 2014

Rate 22% 30% 60% 1.05% Annual Total Cost $ 35,772 $ 44,254 $ 86,973 $ 139,402

Savings from 2014 $ 103,630 $ 95,148 $ 52,429

7. 2016 HR Budget (As of December 31, 2016) • The Budget expenditure goal for December is 100% or less. We are under budget by 12.05%. This is due to a

4 month vacancy as we had a hard time refilling our vacant position with a qualified person. We have now filled that positon with a highly qualified person. Also, I was able to negotiate some significant contractual savings with ADP for 2016 due to new integration, W2 and 1095 processing issues.

8. HUMAN RESOURCE 2016 ACCOMPLISHMENTS: • Completed ADP payroll system integration and setup. • Completed ADP - ACA1095 reporting system integration and setup for the new tax reporting process. • Completed creating numerous ADP financial payroll reports within ADP. • Developed and implemented a new county wide payroll system that did not cost taxpayers any additional monies. • Added employee benefits to include additional holidays and flexible spending account options. • Completed open enrollment and entering in all insurance changes. • Continue to document and update processes, policies, procedures, and forms and cleanup ADP conversion data. • Completed a department head training on policies and assisted many departments on HR and staffing issues. • The work being conducted in HR has created significant savings for the county of approximately $115,000+.

9. HUMAN RESOURCE UPDATES:

• We are in the process of cross training our new employee to cover for Hallie while she is out of the office. • We have completed processing all W2’s and they were mailed out on January 26th. • We finished manually processing 400, 1095 forms on February 8th. We issued them to employees on February 15th.

The deadline was March 2nd to issue forms to employees so we beat the deadline. Employees do not have to have this form to file their taxes.

• We have begun prepping for the 2016 County audit. • I have attached the 2017 Payroll Percent Withholdings Worksheet used for budgeting purposes.

Respectfully submitted, Tamara Copeland, MSM/BS Director of Human Resources, Payroll & Benefits Administration

Human Resources

Expenditures

2016 Approved

Budget

2016 YTD Expenses

2016 YTD Variance (Remaining)

Unexpended Amount

% Spent

(Dec. Goal is Less than 100%)

Personnel Services $197,124 $186,035 $11,089 94.37% Contractual Services $94,795 $71,079 $23,716 74.98% Commodities $7,500 $6,220 $1,280 82.94% Total Expenditures $299,419 $263,334 $36,085 87.95%

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Page 36: LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA · LEAVENWORTH COUNTY COMMISSIONERS MEETING AGENDA . Monday, February 20, 2017 . ... See attached comments – Memo – Michael Swan

2017 Percent Withholdings for Budgeting Purposes Employee Benefits $6500 (budgeted FT) $5700 (budgeted PT)

Unemployment = .22%

FICA = 7.65% = (Social Security = 6.20% & Medicare 1.45%)

KPERS

Employee – 6%

Employer – 8.46% Jan-June & Employer – 9.46% July - Dec

KPF

Employee – 7.15%

Employer – 19.03%

Working after Retirement

Employer - 8.46% (Earnings Limit - $25,000)

Workman’s Comp = (varies by job – check rate sheet provided by KERIT)

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