BUTLER COUNTY PLANNING COMMISSION Scheduled Meeting April 4 th, 2017 Butler County Courthouse-4 th Floor 205 W. Central El Dorado, Kansas 67042

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1 BUTLER COUNTY PLANNING COMMISSION Scheduled Meeting April 4 th, 2017 Butler County Courthouse-4 th Floor 205 W. Central El Dorado, Kansas MINUTES The scheduled meeting of the Butler County Planning Commission began at 7:00 p.m., on Tuesday, April 4th, 2017 on the 4 th Floor of the Butler County Courthouse located at 205 W. Central in El Dorado, Kansas. Members Present: Andy Jones; Kermit Frye; Debbie Logsdon; Jeff Varner; Jim Ralston and David Greene Jr. Members Absent: Jeremy Sundgren; Mark Sudduth and Roger Williams Guests: Zachary Hettenbach; Shannon Hettenbach; Sarah Hammond; Virgil Hammond; Gerald Dixon; Debbie and Kenneth Dehoff; Michael Crane; Manuel Vides The meeting was called to order and a quorum was declared Approval of the Agenda for April 4 th, 2017 Motion: Debbie Logsdon Second: David Greene Jr. Approved Approval of the March 7 th, 2017 Planning Commission Minutes Motion: David Greene Jr. Second: Debbie Logsdon Approved Old Business: None * * * * * *

2 New Business: PL Request for a Homestead Lot Split with APO provision Applicant/Owner: Anthony Hartness Agent: Gerald Dixon; Goedecke Surveying Location: 1172 SW Diamond Rd, Augusta, KS Discussion: Staff recommends approval Staff: This will be a lot spit on 9.2 Acre with an APO on 30.7 Acres. Staff has reviewed all the criteria and has found that all the criteria has been met. It is appropriate to place the APO on the 30.7 Acres. No further questions or comments were made Motion: Jim Ralston Second: Andy Jones Action: APPROVED 5-0 To be heard before the BOCC April 25 th, 9:00am PL Request for a Mortgage Lot Split with APO provisions Applicant/Owner: Jared Wunderlich and Thomas Blair Agent: Roger Cutsinger; Savoy Company, P.A. Location: SE Cole Creek Rd, Atlanta, KS Discussion: Staff recommends approval Staff: This will be a lot split on 10 acres with an APO on 70 acres. This one will be a little different because it sits so far deep in to the property (an Arial map was provided for viewing). The entrance is on Cole Creek Road. There will be a recorded easement to provide permanent access to the site which is the only way to properly get this done. I assure that he has access to the 10 acres that he is proposing to split. Notices were sent out to the neighbors within 1000 feet of the property and we received no comments or feedback. Roger Cutsinger is not present. Board: Is that a 20 foot easement? Staff: That is from north to south where you come off the main road, off of Cole Creek, to get to the 10 acre split. Board: Question is will that be wide enough since there is no (inaudible)? The roadway is pretty much established already. Staff: That is correct. Board: That is a private road and not a Township road?

3 Staff: That is correct, yes. As it reads here on the legal it says together with a 20 foot easement described as follows; 10 feet on each side of the existing driveway. Board: On the papers sent out they have Mortgage Lot Split. Staff: My apologies, it is a Mortgage Lot Split since he wants to build a house, it is listed incorrect on the Agenda. Board: So they have to drive by 2 other places to get to theirs basically? Staff: Yes, this is all owned by the Blair family. They have thousands of acres out in that area. Board: Where you drive through is the original headquarters. I am assuming that would, Eric Wunderlich would be, Harvey Blair s son in law and I think Harvey s mother lives there and him and his wife build a house back in there (viewing the Arial map). No further questions or comments were made Motion: Jim Ralston Second: Andy Jones Action: APPROVED 5-0 To be heard before the BOCC April 25 th, 9:00am PL Request for a Homestead Lot Split with APO provisions Applicant/Owner: Charles Cave Agent: Gerald Dixon; Goedecke Surveying Location: 1730 SE Price Rd., El Dorado, KS Discussion: Staff recommends approval Staff: This will be a Homestead Lot Split for 5 Acres with an APO placed on 35 Acres. You can see zoning is AG 40. (Inaudible) the house we are talking about. In my staff report it showed the location. We are going to take the driveway as part of the 5 acre tract and box out 35 acres with the APO from the southern piece of that to the northern boundary. Everybody within 1000 feet was notified and we received no comments or feedback. The property meets all the criteria for a Lot Split with the APO placement. I do note that Gerald Dixon is here for questioning. No further questions or comments were made Motion: Debbie Logsdon Second: Kermit Frye Action: APPROVED 5-0 To be heard before the BOCC April 25 th, 9:00am * * * * * *

4 CU Request for a Conditional Use Permit for an Event Building Applicant/Owner: Shannon Hettenbach Agent: N/A Location: 1001 SW 140 th St, Leon, KS Discussion: Staff recommends approval Staff: The applicant owns +/- 93 acres and is proposing to build an event center that would accommodate approx. 150 guests with an outdoor patio that could allow for an additional 50 patrons. The property is zoned AG 80 and the Request would allow for the Barn type structure to host weddings, celebrations and other family friendly events. We notified everybody within 1000 feet of the property and I did include in my staff report that the applicant did visit with the neighbors, I do not know if any of those neighbors are here, to brief them about what they are proposing. Some of them did sign the affidavit and I am not sure if they support it or are against it but I am assuming its supporting the project. We did also submit a letter to the Township concerning the road issue and did not receive anything back. Road maintenance was one of the things that were discussed with the applicant and they would certainly be willing to entertain signing a road maintenance agreement if required. We did look at all those things. The south side is an open growth area of the county and currently is patchy ground. I don t see any real negative impact to the area. There are several homes adjacent to coming off Haverhill Road. I did go out and look and it s a pretty good road. It is not paved and is a Township maintained road. Staff initially recommends approval with the condition that a signed road maintenance agreement, one that does not negatively impact the neighborhood, be put in place should the Township require it. The applicants are present as well as some other people that may want to comment on this. Board: What is the Township? Staff: Bloomington Shannon Hettenbach: My name is Shannon Hettenbach and I live at 1400 Osage in Augusta Kansas, Staff pretty well covered pretty much everything. It will be pretty much just a building that we can open up for county activities, whether that s neighborhood watch meeting or whatever. We have had this land in our family for many years but back in the 80 s the portion of it with the housing was sold so we haven t had a bathroom or anything like that out there to have family out for more than an hour. We would like to put a facility out there that we can utilize as a family but open up to community events as well. Staff: I do believe I also submitted a copy of the business plan she has. Board: Are you planning on having music entertainment out there? Shannon Hettenbach: We are not planning on it at this time. Staff: Ok because I was wondering how loud that would be for the neighbors. Shannon Hettenbach: If there would be a need for, typically we would ask the neighbors permission or let them know, if that were to come up. Board: If there was a plan for that, it usually states that the music has to stop at 10 or 11 o clock or something like that so that the neighbors aren t kept awake all night. Shannon Hettenbach: If that s something they would like for us to put in writing, we most certainly could. I don t have a problem with that at all.

5 Staff: we would make that one of the conditions in the report I would be submitting to the County Commissioners. I have noted that and I will visit them to establish a time. Board: Since this is a public hearing, the public may want to have some say in it. What do you feel would be a reasonable time to suspend amplified music? Shannon Hettenbach: 11 o clock I guess since we are not really late birds. I wouldn t mind putting an earlier time on it. Board: It s just that in the past, it s been that if the place was rented out for a wedding, it gets a little noisy and wild and we wouldn t want that. Shannon Hettenbach: We wouldn t want that either. We are a lot like our neighbors; we are in the country to be in the country. So that s where we are heading with this, having a facility for that kind of activities. Board: Are we looking at well water? Rural water? Shannon: Rural water is what we planned on. (inaudible) Septic would be a holding tank and since we won t have major volume, I believe that would be our best option. Board: The thing to keep in mind is that the CU goes with the land, not you. Should you sell your property down the road, we have to look at what could happen with the conditional use. Staff: Would 11pm be too late? Too early? Let s get something on record about the time. Shannon: I am okay with 11pm Board: in the past we have done amplified music to be off by 11pm with an hour of clean and for everything to done by midnight. Shannon: that is agreeable Board: I am a little hesitant about not knowing what the township may do about the road. What if we make this agreement and they want something unreasonable Staff: The townships have been very understandable and reasonable. This road is a hard road and we are not talking heavy trucks coming in and out, except for maybe the purpose of construction. Board: I think the road is fine, my concern is that if we make it a condition and the township becomes unreasonable (inaudible). Maybe that should be worked out before it goes to the commission. Staff: we received no comments from them so I don t think they see it as an issue at this point. Board: Could we make it part of the motion that it is a condition that the township has before it goes to the commission so they can t come back after it s approved? Most of the townships down there aren t worried or paying attention until a building goes up. We don t even know if the notice was read at their meeting. Staff: we can most certainly reach out to them again Alice Bronnenberg, 1224 SW 140 th : I live right across the street from where this is going in. I can get with the township to make sure they know what is going on. Is there a number I can call? Staff apologized for not having a business card Board: I am not comfortable with that. I think it is our job to reach out. Alice: But we could talk to them to let them know to get in touch with you.

6 Board: we already sent them a notice. For all we know the notice could still be sitting on their desk, maybe even still unopened. Alice: I ve known Shannon for a long time, I don t know how big this building will be, what to except as far as traffic and trash. That happens now with just neighbors but a big party, how much will that be. Trash along the road and the ditches, we don t care for that and that is my biggest concern. Shannon: If needed we can put something in writing that we will maintain our side of it. I don t have a problem with that. Board: Actually you would maintain it if you have an event out there. You are off Haverhill correct? About how far? Shannon: About a mile Board: You would want to keep the area clean to get people to come out there. Shannon: the size of the building would be 100x36, 90x36, sorry and as far as traffic, yes in the past few years, traffic has become more because it is such a good road. People are driving faster on it. Maybe the township could put signs up to reduce the speed. Board: Any unmarked county road is 55 MPH unless otherwise posted. Shannon: maybe we could get it posted for 30 MPH. Board: The dust concern, we as the board not the township have put in provisions about watering the road before. Inaudible Manuel Vila, 1911 SW 140 th, Augusta, KS 67010: At first this was a petition for her to use the building as family use only. There was no mention of it being an event thing until Alice called. The traffic is already bad and we are going to have 150 more people driving down that road. I live right on the corner, so every car, truck and bus, I will see, hear and smell. What are the limitations on this? Are we going to have a commercial property out here where they can hold rodeos, school events, parties all night long Monday through Friday or Sunday. If it is going to be a commercial property, we are going to have issues. Staff: it would be limited to what they have in the plan which is weddings and family gatherings. Board: it won t change the zoning. It gives it a conditional use permit (inaudible) under these stipulations. Manuel: But it s open to any event? Staff: no just based on what they told us tonight Board: they have to adhere to any stipulations Manuel: What are the stipulations? Just weddings and family events? I can have a family event and bring 50 bull and 20 friends. I am not saying they are going to but what keeps them from it? 150 people divided by 2 is 75 cars and trucks, that s a lot of people. She owns property on Haverhill, why not have it there? No dust, the traffic is already bad there and it doesn t affect the neighbors. Are there any clarifications? Board: I don t think we got to that point yet. Amplified music was talked about and is to be cut off at 11pm but the plan is somewhat specific of what the building and they will have to adhere to that. So it wouldn t work for rodeos.

7 Manuel: I can bring some cattle panels, I ve done it. They will start drinking, they bring in their case of beer and all hell breaks loose. Board: I am sure if they are having public events, they will have to have insurance which would have their own set of rules. (Inaudible) Manuel: I am not against having any business but having a business right next to my house; I didn t buy a place to have a party event next door until 11pm. Shannon: If there were any misrepresentations, I apologize. This is a building for family use, not a drunken rodeo space. We are not going to do that for liability reasons. As a piece of mind for the neighbors, preserving the integrity of the space is our main concern. Board: Manuel brought up you own land on Haverhill as well? Why did you chose this location over that location? Shannon: Utility wise it just made sense [inaudible] Sure it wouldn t be on a dirt road but after considering every aspect, it just made sense. Board: Maybe your neighbors would feel better if they saw what the rules were going to be for that area. Maybe come up with those. Staff: How many nights a week are you proposing to have events? Shannon: Friday and Saturday nights Board: Maybe you can give them copies of this plan? Shannon: yes sure Board: Your plan is 2 nights a week but [inaudible] until January 2018 and then you are going to expand it [inaudible]. Shannon: If there was demand there, yes. There is really infrastructure [inaudible] There are a lot of questions about the future projections but I couldn t put it out there. Board: As far as types of events, [inaudible] basically it is worded that there could all sorts of different events out there. Staff, Board and Shannon then further talked about additional limitations and plan specific wording. It was agreed upon that should the need for additional nights exist in the future, they will have to come back to the board and request a change be made to the amount of days events will be held. It was also mentioned by the Board, that applying common sense will need to be applied and that any kind of concerns the neighbors may have, should be put in writing to address those concerns. It was also mentioned that the Conditional use permit does go with the land but it can be revoked by the commission should there be any violations. It is for that reason that neighbors have requested to have a detailed written out plan to establish what the rules will be and the board agreed. As far as the road, the conclusion is to reach out to the township to see what their concerns are or may be. Leaving the road maintenance with an open end is not the way to go about it. A maintenance agreement should be put into place to avoid any problems but it will be up to county commission to say yes or no to that.

8 No further questions or comments were made Motion: Debbie Logsdon Second: Jim Ralston Action: APPROVED 5-0 To be heard before the BOCC April 25 th, 9:00am Meeting adjourned A recording of the April 4 th meeting is available

PLAINFIELD BOARD OF ZONING APPEALS October 15, :00 P.M.

CALL TO ORDER PLAINFIELD BOARD OF ZONING APPEALS October 15, 2012 7:00 P.M. Mr. Monnett: I will now call to order the Plainfield Board of Zoning Appeals meeting for October 15, 2012. ROLL CALL/DETERMINE