BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, April 26, 2005
Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Randy Waldorf, Administrator Will Johnson Jr., and County Clerk Ron Roberts.
ITEM #1 – CONSIDER
A HOMESTEAD LOT SPLIT APPROVAL FOR ROBERT L. HARSH (CASE NO. PL-05-04)
{RESOLUTION 05-19}
Rod Compton, Director of
Planning and Development, came before the Board for approval of a 10-acre
Homestead Lot Split with a 30-acre APO (Agricultural Protection Overlay) for
Robert L. Harsh. Mr. Harsh is proposing
to separate 10 acres and a residence (the original homestead) from the rest of
his property. The property is located
approximately one and one half mile west of Cassoday on the southwest corner of
the intersection of NW 150th Street and Sycamore Springs Road. The Butler County Planning Commission
approved this Lot Split by a 5/0 favorable vote.
Commissioner Waldorf
motioned to approve the application by Robert L. Harsh for a Homestead Lot
Split and authorize the Chair to sign Resolution No. 05-19 approving the Lot
Split. Commissioner Woydziak seconded
the motion. Motion carried 5-0.
ITEM #2 –
CONSIDER A FINAL PLAT APPROVAL FOR HATCHER ACRES SUBDIVISION (CASE NO.
PL-05-07)
Rod Compton, Director of
Planning and Development, came before the Board for approval of the final plat
for the Hatcher Acres Subdivision, which has been approved by the Rose Hill
Planning Board for acceptance of the dedications of the easements and Right of
Ways. Bradley and Debra Hatcher are
proposing to subdivide a 40-acre parcel into two lots. The Board of County Commissioners rezoned
the property on March 22, 2005 from an AG-40 zoning classification to a RR
Rural Residential classification.
Commissioner Woydziak
motioned to approve the dedications shown on the Hatcher Acres Subdivision
final plat and authorize the Chair to sign the plat with the provision that the
plat be recorded in the office of the Butler County Register of Deeds by the
zoning administrator, and that no building permits be issued for any lot until
a proven acceptable water source is made available. Commissioner Doll seconded the motion. Motion carried 5-0.
ITEM #3 – CONSIDER A FINAL PLAT
APPROVAL FOR MAX’S QUAILCREST (CASE NO. PL-05-05)
Rod Compton, Director of
Planning and Development, came before the Board for approval of the final plat
for the Max’s Quailcrest Subdivision approved by the Butler County Planning
Board for acceptance of the dedications of the easements and Right of
Ways. Mr. Jeffrey Herod is proposing to
subdivide a portion of a tract containing 100 acres into 3 lots. One lot would contain 10 acres and the other
two lots would contain 15 acres each, and the subdivision would be named Max’s
Quailcrest. The remainder of the
property will remain unplatted at this time.
This property is approximately 3 miles west of the City of Douglass on
SW 210th Street between Tawakoni Road and Indianola Road and is presently
zoned RR for Rural Residential uses.
Commissioner Woydziak motioned to approve the dedications shown on Max’s
Quailcrest plat and authorize the Chair to sign the plat with the provision
that the plat be recorded in the office of the Butler County Register of Deeds
by the zoning administrator, and that no building permits be issued for any lot
until a proven acceptable water source is made available. Commissioner Waldorf seconded the motion. Motion carried 5-0.
ITEM #4 – CONSIDER A
REQUEST FOR REZONE FROM AG-40 TO RURAL RESIDENTIAL FOR DAN BELTZ/B&E
INVESTMENTS (CASE NO. RZ-05-04) {RESOLUTION 05-21}
Rod Compton, Director of Planning and Development, came before the Board
for approval of Dan Beltz/B&E Investments’ request for rezone from AG-40 to
Rural Residential for a 60- acre parcel located at the SW corner of SW 170th
Street (Rosewood) and Prairie Creek Road.
The property is within ½ mile of the City of Rose Hill. The purpose of the rezoning request is to
create two rural residential tracts. One of the proposed tracts already contains a residence while a
new residence is proposed to be built on the other one. The Butler County Planning Commission
recommended approval of this rezoning by a 5/0 favorable vote.
Commissioner Woydziak motioned to approve Resolution 05-21, a request by
Dan Beltz B&E Investments to rezone approximately 60 acres, pending
approval by the City of Rose Hill governing body. Commissioner Carpenter seconded the motion. Motion carried 5-0.
RECESS
Commissioner Wheeler recessed the Board at 10:00 a.m. for 5 minutes.
RECONVENE
Commissioner Wheeler reconvened the Board at 10:10 a.m.
ITEM #9 – CONSIDER ACCEPTANCE OF A DONATION FROM FRONTIER REFINING, INC. ON BEHALF OF THE BUTLER COUNTY LOCAL EMERGENCY PLANNING COMMITTEE/CITIZENS CORPS COUNCIL 10:00 A.M.
Jim Schmidt, Department of Emergency Management, came before the Board to accept a donation from Frontier Refining, Inc. Frontier has generously offered to donate $4,000 to the Butler County Citizens Corps to help offset the cost of a propane-generated burn pan with electric ignition that will be used to teach Community Emergency Response Team (CERT) members fire suppression techniques with a fire extinguisher.
Commissioner’s accepted a $4,000
check from Frontier Refining on behalf of the Butler County Local Emergency
Planning Committee/Citizens Corps Council. Mr. Jim Stump, Vice President of
Refining of Frontier for El Dorado Refining Company presented the check.
ITEM #5 – CONSIDER A REQUEST FOR
REZONE FROM COMMERCIAL TO AG-40 BY TIM R. SCHWAB (CASE NO. RZ-05-03)
{RESOLUTION 05-20}
Rod Compton, Director of Planning and Development, came before the Board
for approval of Tim R. Schwab’s request to rezone a 19.5-acre parcel from
Commercial to AG-40. Tim Schwab owns a
parcel of property containing approximately 19.5 acres in Section 20 of Milton
Township. Mr. Schwab previously rezoned
the property from an agricultural zoning district to a commercial zoning
district in March 2001. He had intended
to establish a base of operations for a trucking business on the property, but
had never done so. The Butler County
Planning Commission recommended approval of this rezoning by a 5/0 favorable
vote.
Commissioner Carpenter motioned to approve the request by Tim R. Schwab
to rezone approximately 19.5 acres in the Northwest Quarter of the Northwest
Quarter of section 20, Township 24 South, Range 3 East from a commercial
classification to an AG-40 classification and hereby authorize the Chair to
sign Resolution 05-20 granting such change.
Commissioner Doll seconded the motion.
Motion carried 5-0.
Commissioner Carpenter moved to amend his motion to make approval
contingent on a letter of approval from the Whitewater City Council. Motion seconded by Commissioner Doll. Motion carried 5-0
ITEM #6 – CONSIDER A REQUEST FOR
REZONE FROM AG-40 TO RURAL RESIDENTIAL BY TYLER & MELISSA LOCK (CASE NO.
RZ-05-05) {RESOLUTION 05-22}
Rod Compton, Director of Planning and Development, came before the Board
for approval of an application by Tyler & Melissa Lock for rezone from
AG-40 to Rural Residential for a 10 acre parcel on the SW corner of the
intersection of SW 15th Street and Tawakoni Road. The property is located approximately 2 ½
miles northeast of the City of Benton.
The Butler County Planning Commission recommended approval of this
rezoning by a 5/0 favorable vote.
Commissioner Carpenter motioned to approve the application by Tyler &
Melissa Lock to rezone a 10 acre parcel in the Northeast Quarter of the
Northeast quarter of the Southeast Quarter of Section 11, Township 26 South,
Range 3 East from AG-40 to RR Rural Residential and authorize the Chair to sign
Resolution No. 05-22 approving the rezoning.
Commissioner Doll seconded the motion.
Motion carried 4-1. Commissioner
Waldorf did not have a problem with the rezoning request, but voted no because
of the 3-mile limit issue and the lack of consistency on whether or not to get
city approval.
ITEM #7 – CONSIDER A REQUEST FOR A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF QUAIL KNOLL RV STORAGE (CASE NO.
CU-05-03) {RESOLUTION 05-23}
Rod Compton, Director of Planning and Development, came before the Board
for approval of a request for a Conditional Use Permit by Douglas and Pamela
Partridge to develop a portion of their property in the AG-40 zoning district
for RV rental storage units. Mr.
Partridge owns approximately 34 acres located on the south side of Highway 254
approximately ½ mile west of Butler Road.
He is requesting approval for a Conditional Use Permit to utilize
approximately 2.2 acres for RV rental storage units.
Commissioner Carpenter motioned to deny the request by Douglas and Pamela
Partridge for a Conditional Use Permit to establish an RV storage rental
business. The reasons for denial are based on factors and findings from section
21-109 of the Butler County Planning Regulations, specifically referencing the
following factors: Factor 2. The
proposed use is not compatible with other land uses, mostly residential homes,
in the surrounding area. Factor 3. The proposed use will burden the gravel
frontage road creating dust and traffic problems for homes along that
road. Factor 4. The proposed use is not
necessary because of changed or changing conditions in the effected area.
Commissioner Doll seconded the motion.
Motion carried 5-0.
ITEM #8 – CONSIDER REQUEST FOR A
CONDITIONAL USE PERMIT FOR CUSTOM LUMBER/SAW MILL OPERATION (CASE NO. CU-05-02)
{RESOLUTION 05-24}
Rod Compton, Director of Planning and Development, came before the Board
for approval of a Conditional Use Permit by Lawrence (Bob) Williams to
establish a custom lumber/sawmill at his residence located in the AG-80 zoning
district. Mr. Williams is requesting
approval for a Conditional Use Permit to expand the use of the Woodland Farm
that has been in operation at 14285 SW Haverhill Road since 1988. He plans to provide custom tree cutting
services on 1.33 of his 80 acres located in Section 16 of Bloomington
Township. The property is located
approximately 4 miles south of U.S. Highway 54 on the west side of Haverhill
Road.
Commissioner Woydziak motioned to approve the request by Lawrence R.
(Bob) Williams for a Conditional Use Permit to establish a custom
lumber/sawmill operation on his property in the South Half of the Northeast
Quarter of Section 16, Township 28 South, Range 5 East, and authorize the
Chairman to sign Resolution No. 05-24 subject to the following conditions: 1) That the processing area be limited to
the area as delineated by the site plan submitted with the application, and 2)
that the operation be limited to a production of no more than 4,000 board feet
of lumber per month. Commissioner Doll seconded the motion. Motion carried 5-0.
RECESS
Commissioner Wheeler recessed the Board at 11:35 a.m. for 5 minutes.
RECONVENE
Commissioner Wheeler reconvened the Board at 11:40 a.m.
Commissioner Waldorf motioned to approve Adds & Abates #2219. Adds in the amount of $988.40 and Abates in the amount of $10,058.96. Commissioner Woydziak seconded the motion. Motion carried 5-0.
OTHER ITEMS OF BUSINESS
Commissioner Doll asked about progress on the new Commission Bench.
Commissioner Waldorf informed the board he would be gone May 31st. He will also miss the first day of the KCCA meeting in Topeka.
Administrator
Johnson presented a letter to Vernon A. Williams pertaining to rail banking for
Chairman Wheeler to sign.
ADJOURNMENT
Commissioner Doll motioned to adjourn the meeting of the Board at 11:55 a.m. Commissioner Carpenter seconded the motion. Motion carried 5-0.