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LEAVENWORTH COUNTY COMMISSIONERS
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
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
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
Additional Attachments: Staff Report, Preliminary and Final Plats, Memorandums and PC Meeting Minutes
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
Request: The applicant is requesting approval of a 2-lot subdivision.
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
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
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.
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 Cou