BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, January 27, 2004

 

Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioners Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Recorder, Brenda Brychta.

 

ITEM #1 – CONSIDER APPROVAL OF FINAL PLAT FOR CHANCE ACRES (ANDOVER) AND ACCEPTANCE OF RIGHT-OF-WAY.

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of the final plat for Chance Acres, located on 1SW 130th Street in Andover, and acceptance of Right of Way.

 

Commissioner Doll motioned to approve the final plat for Chance Acres, accept the Right-of –Way and allow the Chair to sign.  Commissioner Shriver seconded the motion.  Motion carried 5-0.

 

ITEM #2 – CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT FOR A DOG-BREEDING KENNEL. (CUP 04-01) {Res. 04-02}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of

CUP 04-01, Resolution 04-02 for a dog-breeding kennel located at SW 180th Street and SW 190th Street of Section 6, Township 29S, Range 4E in Butler County, near Douglass.  The property is owned by Ronda & Jim Donaldson.

 

Commissioner Anderson motioned to approve the request for a conditional use permit for a dog breeding kennel (CUP 04-01) {Res. 04-02} at SW 180th Street and SW 190th Street of Section 6, Township 29S, Range 4E in Butler County and allow the Chair to sign.  Commissioner Doll seconded the motion.  Motion carried 5-0.

 

ITEM #3 – CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) FOR A WIRELESS INTERNET TRANSMISSION TOWER AND RELATED (20X20) ENCLOSED AREA. (CASE No. CU 04-02) {Res. 04-05}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of

CUP 04-02, Resolution 04-05, for a wireless internet transmission tower and related 20x20 enclosed area.  This property is located at NW Butler Road and NW 120th at 15698 NW 120th in Whitewater, Ks. and is requested on behalf of Deanna and Reynold Entz by Dave Yearout of Baughman Company for Pixius Wireless Internet.

 

Dave Yearout, of Baughman Company, came before the Board to explain the search ring map and coverage area for the existing towers and proposed tower.  Mr. Yearout continued answering other questions and concerns of the Board.

 

Commissioner Doll motioned to approve CUP 04-02, Resolution 04-05 for a wireless internet transmission tower and related 20x20 enclosed area and allow the Chair to sign.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

 

 

 

 

RECESS

Commissioner Carpenter called a 5-minute recess of the Board at 9:55 a.m.

 

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:00 a.m.

 

ITEM #4 – CONSIDER REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AG-40 TO RURAL RESIDENTIAL. (Case No. RZ 04-01) {Res. 04-06}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of a

zoning change classification from AG-40 to Rural Residential.  The 10 acres to be split off is located at 15751 SW Meadowlark Road in Section 21, Township 28S, Range 3E near Rose Hill, Ks. and owned by the Armstrongs.

 

Commissioner Anderson motioned to approve the change of zoning classification from AG-40 to Rural Residential at 15751 SW Meadowlark Road in Section 21, Township 28S, Range 3E near Rose Hill, Kansas and allow the Chair to sign. (Case No. RZ 04-01) {Res. 04-06}.  Commissioner Shriver seconded the motion.  Motion carried 5-0.

 

ITEM #5 – CONSIDER A REQUEST FOR CHANGE OF ZONING CLASSIFICATION FROM AG-40 TO RURAL RESIDENTIAL. (Case 04-02) {Res. 04-07}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of

request for change of zoning classification from Ag-40 to Rural Residential, at the request of the Hales.  The property is located on 20+ acres in the south part of the SE/4 of Section 32, Township 28S, Range 3E of the 6th P.M. and is near the Rose Hill, Ks. 

 

Commissioner Anderson motioned to approve the rezoning classification from Ag-40 to Rural Residential on 20+ acres in south part of the SE/4 of Section 32, Township 28S, Range 3E of the 6th P.M. near Rose Hill (Case No. RZ 04-02) {Resolution No. 04-07} and allow the Chair to sign.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

ITEM #6 – CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT (CUP) TO ALLOW A NON-AGRICULTURAL USE OF THE WILSON’S 81 ACRE AG-40 DISTRICT PROPERTY.  (CUP 03-14) {RES. 04-07}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of

for consideration of a request for a conditional use permit to allow a non-agriculture use of the Wilson’s 81 acre AG-40 district property. This property is owned by the Wilsons and located off Hwy. 196.

 

Commissioner Shriver motioned to table a decision on the request for CUP 03-14, Res. No. 04-07, to allow a non-agricultural use of the Wilson’s 81 acre AG-40 district property until a review and opinion is received from County Attorney, Norm Manley.  Commissioner Carpenter seconded the motion.  Motion carried 5-0

 

Also, Commissioner Shriver asked that both parties, for and against the conditional use permit, meet to try to reach an amicable decision.  It was recommended that the request be placed on the agenda in two weeks.

 

ITEM #7 – CONSIDER CONTINUATION OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF THE SOUTHWEST QUARRY OPERATIONS.

Todd Kennemer, Director of Planning & Zoning, came before the Board to consider continuation of a request for a Conditional Use Permit to allow for the expansion of the Southwest Quarry operations.  Mr. Kennemer stated that Darryl Lutz, Director of Public Works, is working on the road requirements

 

Mr. Lutz came before the Board to inform them that he and Mr. Kennemer are working on the road requirements for the expansion of rock quarry operations

 

Commissioner Shriver motioned to table consideration of the conditional use permit, until February 9, 2004, pending further information and have Mr. Kennemer and Mr. Lutz work out the conditions for the access road and have County Counsel, Norm Manley, review the information and present his opinion to the Board.  Commissioner Carpenter seconded the motion.  Motion carried 5-0. 

 

OTHER ITEMS OF BUSINESS

Commissioner Shriver suggested that County Attorney, Norm Manley, be asked to come before the Board to answer questions on procedures for tabling decisions and remanding CUP/Rezoning requests back to Planning & Zoning Commission.  Administrator Johnson stated that he will have Mr. Manley on Monday, February 2, 2004’s agenda.

 

Commissioner Doll recommended a list of Bonds and Sureties, thru Planning & Zoning, be prepared to insure all procedures and steps are in place.

 

Commissioner Carpenter recommended “Thank You” notes be sent to members of the Sales Tax Committee.  It was the consensus of the Board to have Administrator Johnson send thank you notes on behalf of the Board of Commissioners.

 

Administrator Johnson informed the Board that a luncheon would be held, with Congressman Tiahrt, on February 19, 2004.

 

ADJOURNMENT

Commissioner Doll motioned to adjourn the meeting of the Board at 11:35 a.m.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.