Jefferson County Planning & Zoning Oskaloosa, Kansas

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1 Jefferson County Planning & Zoning Oskaloosa, Kansas OFFICIAL OFFICIAL MINUTES OF THE JEFFERSON COUNTY PLANNING COMMISSION Minutes of Planning Commission Meeting of January 25 th, 2016 Item 1. Item 2. Call to Order. Approval of the Agenda CHAIRMAN SCHERER CALLED FOR THE APPROVAL OF THE AGENDA AS PRESENTED. VICE CHAIR JOHNSON MAKES A MOTION TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER WHITE SECONDED THE MOTION. Votes were taken by Ayes and Nays as follows: Matt Paul Denise Scherer Johnson Streeter DNV Aye Aye Aye The motion carried unanimously, 3-0. Item 3. Roll Call Matt Paul Denise Scherer Johnson Streeter Present Present Present Present Present Staff Member Sam Henderson, Zoning Administrator was also present. Item 4. Approval of the November 23rd, 2015 minutes. Chair Scherer asked if there were any corrections or additions to the minutes and mentions a few minor corrections. Action: VICE CHAIR JOHNSON MAKES A MOTION TO APPROVE THE NOVEMBER 23, 2015, MINUTES WITH CORRECTIONS, ALEX NOLL SECONDED THE MOTION. Votes were taken by Ayes and Nays as follows: Matt Paul Denise Scherer Johnson Streeter The motion carried unanimously, 4-0. Approval of the December 28, 2015 minutes. Chairman Scherer asked if there were any corrections or additions to the minutes and mentions a few minor corrections. Chairman Scherer noted that since there was not quorum there technically was not a meeting to have minutes of, but that the record accurately reflects what took place in December. Action: COMMISSIONER WHITE MAKES A MOTION TO APPROVE THE DECEMBER 28, 2015, MINUTES WITH CORRECTIONS, ALEX NOLL SECONDED THE MOTION. Votes were taken by Ayes and Nays as follows:

2 Matt Paul Denise Scherer Johnson Streeter The motion carried unanimously, 4-0. Item 5. Public Hearing Chairman Scherer opened the public hearing. DP : A request to amend CU to include a drinking establishment to sell beer, allow limited food service, and expanded parking and new structures and additions to existing buildings at the Crooked Post Winery located at 7397 K-92 Hwy, Ozawkie, KS Mr. Henderson presented the staff report for DP Chairman Scherer: Do we have questions for Staff at this time? Vice Chair Johnson: I think I would like for you to walk us through again this restaurant variance that you re talking about. What classifies a full-service restaurant vs. on-site pizza, preparation and then there s the question of if it s elaborate pizza with fresh ingredients and the other things that come in play here, for what the kitchen facilities have to be? Sam Henderson: That s a great question as far as what would you consider a full service restaurant. In the applicant s Statement of Intent they basically want to limit their minimum requirement, or to sell to 30% is what they want. 30% of their sales, basically have to be in food vs. 70% has to be in alcohol. And that just beer, that s not the wine sales. The wine sales do not count. Those are separate, on their winery license. The drinking establishment license would deal strictly with the beer they want to sell. It s subjective, the changes they might need to make to their development plan and to increase to a full-service kitchen, would probably, in my opinion, necessitate coming back through the process because of the significant change, also they might not need to make any additions to the building itself, so it s something that potentially could be done without, really, the county knowing about for a while as well. Because it s interior, unless staff or someone that was familiar to staff, frequented the site and noted the changes. It could be a long time before that was brought to the county s attention. So that, I think would that would probably be the trigger on that is if they need to make changes beyond what s their full purpose of the food production, that they need to come back through the development plan amendment process. That might be the best way to, if you were considering a condition on that aspect, to make that an effective regulation. Chairman Scherer: I hate to ask you this, in this way, but are you aware if the applicant is aware of what KDA told you? Mr. Henderson: You know, I don t know. I didn t speak with the KDA and the applicant together. The applicant has been in contact with KDA and gave me the contact information to talk with KDA about the license because I am not familiar with that licensing process so I had some questions and she really wasn t able to answer them. So she gave me the number to the folks with whom she had been speaking. If she asked the same questions, I don t know. Chairman Scherer: The only reason I ask is it may change her plan if she has to abide by the full rules for a Class I license. Mr. Henderson: And she might decide not to get the fresh ingredients but add frozen pizza and things like that. Commissioner Streeter So those things take a commercial kitchen. Is that, that wouldn t change our zoning? Secretary Noll: That just totals the category that KDA puts them in. Chairman Scherer: How much money she has to spend. Secretary Noll: Versus category 1, versus category 2. Chairman Scherer: Anymore questions? Vice Chair Johnson: And this may be a follow up, after the applicant speaks. But this whole issue with AG and parking and the whole issue of here s what they hope to hold the numbers to, but if the number of participants goes beyond certain numbers, what, you know, how do we handle, try to make provisions for that? 2

3 Mr. Henderson: Speaking of like traffic count in and out? Vice Chair Johnson: Actually I was thinking more of actual just parking, of having you know, a larger gathering than initially thought, or planned for. Mr. Henderson: Sure, the parking requirements, I don t believe they have set seating inside. So that would be based on the square footage of their building and, I believe, if they exceed the number of spaces they currently have, that would be required for the size of that building. It s not a very large building and they have a decent amount of parking spaces there. If they were a restaurant, and they had set seating then they would have to have one (parking) space for every three (3) seats. And so we would have the count the number of seats that they had there in order to determine how many parking spaces would be required. And as far as traffic in and out, again that is something that because they are on a state highway, is when that KDOT is in charge of regulating, and they have their standards. So it s kind of out of really the control of the county to enforce. If someone called to complain to us that traffic had increased to a large amount. We could recommend that they contact KDOT and we would also forward that on to KDOT as well. I think KDOT would address it in their own time, but the larger amounts of complaints they heard about would probably push it up their list of things to deal with I only imagine that is how stuff can get handled with that large of a scale so. Chairman Scherer Other questions for Staff? Seeing no questions Chairman Scherer reviewed the procedure by which comments would be heard and opened the floor for the applicant to make a presentation. Mr. Henderson: The applicant is not present. And they were made aware of the changes; they also did not come to the meeting last month. I don t know if they feel that they don t need to be here. Chairman Scherer: And they are not required to be here. Open Public Comment Chairman Scherer asked if anyone would like to comment in favor of the application. Seeing no one, Chairman Scherer asked if there was anyone who would like to comment in opposition to the application. Melinda Everhart: I am Melinda Everhart, my address is 1710 NW 59 th Terr, Topeka KS. Could you put the slide on where that crooked company is? Mr. Henderson: Which? This one? Ms. Everhart: Yes, the location on the map. Yes, that one is good. I co-own land, if you got a little dotter I can show you where I m at. I m not sure if the location is right here. So then this piece of property right here I co-own. As well as this piece of property right here, I co-own. As well as this property, probably this one, down the road. So from this piece of property here this road down here is all hill and narrow and very, very dangerous to traffic. Normal people have a hard time staying on this road without having any liquor or drinks and so-forth. So the problem arises is when people are here, and they leave and they try and go up and down this hilly road, they go through my fences. So for the last year, I had two wrecks on the piece of property. This piece of property, right past them, there s a dip in the road. As it dips and it s not constructed well, and people just bounce over it and through my fence. So it requires a great deal of work on my part because no one that goes through the fence likes to fix the fence. I don t understand! They get the car out but they leave the cattle loose. So I have a problem with that. I am the 3 rd generation for this piece of property. Our family has been agricultural and I would like to see this stay zoned as agricultural. I am totally opposed to zoning as a drinking establishment. This is not a proper place, in my gut feeling, to bring a drinking establishment in, amongst our farmland. Chairman Scherer: Thank you. Any questions for the witness? I would like to thank you for being here last month and I apologize that we didn t have a quorum. Ms. Everhart: It for the safety of Jefferson County and the people that s going down. This is not a good location for safety. Chairman Scherer: Questions for the witness? 3

4 Chairman Scherer asked if there was anyone else who wished to comment in opposition to the application and seeing no one and noting that the applicant was not present to rebut comments Chairman Scherer asked if there was anyone who wished to comment on the request and seeing no one closed the public comment portion of the hearing. Close Public Comment Vice Chair Johnson: I understand the applicant doesn t need to be here, but I think the question is should the applicant be here to, in a public hearing session, for the Commissioners to be able to ask questions and to dialogue. I am still unsure about this restaurant piece, and then I read, their intent it says that, We do not intend to be a bar, but rather to enhance the stay and scope of our customers. We plan to keep our beer prices high enough to discourage and loitering and normal bar activities. Woah. We re well within our ability to recommend that, without the applicant being present, we will hold this hearing, until a future hearing. Chairman Scherer: We ve done that before. Vice Chair Johnson: Then I guess that s what I m starting to. Secretary Noll: I don t know the applicant, from what I understand, sounded like to me, that their wanting to do the food to kind of fill in as a technicality but they have to have a balance of 30 vs 70, but then they are stating homemade pizza and that possibly falling into the Category 3 or whatever of the KDA licensing though. I don t know if they have a real good grasp on that. I m not sure. That s just things that I have, question that risen from me. Commissioner White: I have a tendency to agree with Paul. We should table this until the applicant can come to a meeting. I am sure myself, and some of the others commissioners have questions they would like to ask the applicant. Cause, I haven t drank a beer since 1967, I don t even know what a craft beer is. General discussion of what is meant by the term craft beer. Commissioner White: You know, like I say, I have a lot of questions that I d like to ask the applicant. My concern with this lady here that came to the meeting is that is a dangerous road and I travel it 4 or 5 times a week and you re within 100 yards of their driveway before you can even see it. My question is what s their hours, this, that, and the other. I have a lot of questions and I feel like we should table it until we can get the applicant to come in and answer some of our questions. Chairman Scherer: Do you know if the previous list the Hours of Operation? Mr. Henderson: I know it wasn t a condition but I can check their statement. Chairman Scherer: It was not on their condition? Mr. Henderson: Yes, the hours were limited only by the State Regulations on the liquor licenses. Chairman Scherer: That s all I needed to know. Mr. Henderson: But they aren t open Monday, it s not like a 7 days a week, they re more of a weekend: Thursday, Friday, Saturday, Sunday, Monday type, if it s a long-weekend. Let me go back. Chairman Scherer: That s not necessary Sam. I just wanted to know if we had put any restrictions. If you wish to postpone, we just need a motion or to table, that s the correct term. Secretary Noll: I make a do you need to have an active motion? Chairman Scherer: Yes, we need a motion. ACTION: SECRETARY NOLL MAKES A MOTION TO RECOMMEND POSTPONING THE DISCUSSION OF DP UNTIL THE APPLICANT CAN ATTEND TO ADDRESS SOME POTENTIAL CONCERNS. Chairman Scherer: Can I recommend that we make it until next month s meeting? Secretary Noll: Yes, absolutely, that s fine. I just wasn t sure what the agenda was like for next month s meeting. Mr. Henderson: There are only 3 things on the agenda for next month. Plat, rezoning and a comp-plan. Vice Chair Johnson: What if we get to next month s meeting and the applicant is still not here; then we do it again? Chairman Scherer: Or just decide that we re going to recommend something else. I just hate to leave it open ended. Motion fails for lack of a second. SECRETARY NOLL MAKES A MOTION TO POSTPONE CONSIDERATION OF DP TO THE FEBRUARY PLANNING COMMISSION MEETING. VICE CHAIR JOHNSON SECONDS THE MOTION. Votes were taken by Ayes and Nays as follows: 4

5 Matt Paul Denise Scherer Johnson Streeter The motion carried unanimously, 4-0. General discussion ensues about the desire for the applicant to be here next month so that questions can be answered by them. Chairman Scherer: Next application this evening is CU Mr. Henderson: May I make a comment, prior? That applicant is not here also. If we would like to rearrange the items on the agenda to allow the Plat and Rezoning to go, because they are here? I don t know if that is something you want to do but, I apologize for interrupting. Chairman Scherer: Not a problem. Commissioners, is that okay with you? I will take that as a consensus. Ladies and Gentleman, we will go to the next item which is PR & Z all in your packet. PR : A request to consider the Final Plat of the Valley View Park Subdivision No. 4, a two (2) lot subdivision generally located at the south end of Valley View Drive, at the request of Dan Moore. Z : A request to rezone Lots 1 and 2 of the Valley View Park Subdivision No. 4 from AG Agriculture to RR Rural Residential and SR Suburban Residential, generally located at the south end of Valley View Drive, at the request of Dan Moore. Chairman Scherer asked the members if there was any ex parte communication or conflicts of interests regarding the requests and seeing none proceeded with the staff report. Mr. Henderson read the staff report for PR and Z Chairman Scherer asked for questions of Staff. Vice Chair Johnson: Is it unusual for the County Commission to step in and refine or offer changes for particular parts of a pending case before the planning Commission? Mr. Henderson: No. In this case the Jefferson County Subdivision Regulations state that only the County Commission may make exceptions to the subdivision regulations and so for the purpose of it being clear to the Planning Commissions whether or not the exceptions would be approved in order to help you make a better recommendation to the County Commission on the merits of the actual plat that was presented Staff advised the applicants to go to the County Commission prior to coming to the Planning Commission so that we would know if the exceptions they requested would be approved or acceptable to the County Commission and that way you wouldn t have to make a recommendation based on if any of these are approved then it could be approved or against approval unless the exceptions were made. And so, because the Subdivision Regulations stated that the County Commission can make exceptions to the Subdivision Regulations, that s why. Because these weren t met the only way to get the plat to meet Subdivision Regulations was if those exceptions were made. For those reasons Staff recommended that they go to the County Commission first. And then the County Commission didn t say we re going to approve this plat, they just said that those exceptions are acceptable. So they didn t give it pre-approval or any way, not necessarily to influence your recommendation, they just said that with the information presented to us these exceptions appear to be reasonable. Vice Chair Johnson: And the zoning board is not in this at all then? Mr. Henderson: The Board of Zoning appeals? No. Chairman Scherer: I have to say that as much as I don t like the process to be short-circuited it makes a lot of sense in this case. 5

6 Vice Chair Johnson: No, it makes a lot of sense. Then my last question is, help me again with the differentiation between a permanent dwelling and a guest house? Mr. Henderson: A guest house is meant to be for temporary, like if, for example, when the applicant first came to us in August or so, he stated they would be spending a couple nights a week there, during the week to help, help take care of his parents who needed some medical attention and maybe off and on. Whereas a permanent residence, it came out a little bit later that they had decided to move their family there, to live full time. You know, Monday through Friday, living there, not as a place for them to come and visit but as a place for them to come and stay, basically. So the county allows guest houses to be on properties, in the Zoning Regulations, for temporary dwelling. They are not allowed to charge rent for the folks that stay there and they have to be on the same utilities as the primary structure. So the same electric and the same water. Depending on the wastewater system, the Health Department won t permit them to be on the same septic. Say if it s only rated for the house and they want to add, 2 or 3 more rooms in the guesthouse, they will make them have their own wastewater. But as far as, like electric and water, so they aren t having a separate full-time residence there. That is a way for the county to regulate that to be for a temporary dwelling. Chairman Scherer: Other questions for Staff at this time? Commissioner Streeter: Is subdivision 1 and 2 just further to the north so this comes across those 2 and then there s 4? Mr. Henderson: Yes, there s actually 3 further north here. This is about evenly split in 2, 1 and 2, and then there was a replat of a couple of lots here that they named 3. I should also mention that this is inside, it was in the comments but I passed over it, it was in the notification area of the City of Ozawkie and the City of Ozawkie did return comments to staff that they had no issues basically with the subdivision request. Planning Staff there, I m not sure how they do it, but they weren t too thrilled about the tiny house nature of the house there on lot 2 but they didn t have any issues with the subdivision of the property and I explained to them that the County didn t have any minimum standards for the size of a house and so we we re not going to tell people they can t live in a smaller house if they don t want to. Chairman Scherer asked for further questions of Staff and seeing none invited the applicant to make a presentation. APPLICANT PRESENTATION Applicant: I m Dan Moore, I live at 9800 Valley View Drive. I think Sam explained everything really well. We subdivided Valley View in the early 70 s and there are approximately 20 homes along either side of the road. It s always been a private road and homeowners have been active always and we maintain the road there s never been any County maintainers or gravel or anything. Everyone contributes to the homeowners association and it s worked well. We have a 40 that abuts the Valley View Subdivision and we want to sell 2.5 acres to my sone Blaine who is here also. Sam explained it real well. Gene Heinen is here he got a notice on it, lives about 7 miles away so something went whacky I guess. That s about it. Blaine has adopted the tiny house concept and for your information it will be on the nationally televised show sometime. Probably February as far as we know. It s on FYI network. Questions? Chairman Scherer: Does anyone have any questions for the applicant at this time? END APPLICANT PRESENTATION OPEN OF PUBIC COMMENT Chairman Scherer asked if there was anyone who would like to speak in favor of the application. Seeing no one Chairman Scherer asked if there was anyone who wanted to speak in opposition to the application. Linda Everhart: Danny, I d like to see you get that driveway fixed so you could get out on 92 a little bit better. Applicant: It s right at the crest of the hill. There s never been an accident there. Linda Everhart: I know. They about hit me twice. Chairman Scherer asked if there was anyone else that wanted to comment on the application and seeing no one closed the public comment portion of the hearing. END OF PUBLIC COMMENT ACTION: VICE CHAIR JOHNSON MAKES A MOTION TO RECOMMEND APPROVAL OF PR AND Z AS RECOMMENDED BY STAFF. SECRETARY NOLL SECONDS THE MOTION. Votes were taken by Ayes and Nays and recorded as follows: 6

7 Matt Paul Denise Scherer Johnson Streeter The motion carried, 4-0. Staff informed the applicant when the case would be submitted to the County Commission for a final decision and let them know they would receive notice prior to the meeting. CU : A request for a conditional use permit to repair and sell outboard motors and boats at th St, generally located at the northwest corner of 39th St and Ferguson Rd, at the request of James Ruttenberg. Chairman Scherer: Rather than asking Staff to go through a staff report and then deciding that we don t want to deal with this, I ll ask if that is what you d like to do. ACTION: VICE CHAIR JOHNSON MAKES A MOTION TO POSTPONE CONSIDERATION OF CU TO THE FEBRUARY MEETING. SECRETARY NOLL SECONDS THE MOTION. Chairman Scherer asked if Staff had any issues with postponing the request to which staff said they had no concerns. Commissioner Streeter: Have you had anything back on the conditional use permit? You had to send out letters and there s been no objection? Mr. Henderson: Well, actually one of his neighbors did call in, I don t know if you wanted to discuss it. Chairman Scherer: I m actually curious myself to know, please do. Mr. Henderson: The neighbor did mention that he has a tendency to work on his engines at all hours basically and so I informed her that if the Planning Commission were to recommend conditions they could recommend a limit on hours of operations. Chairman Scherer: So it really doesn t have much effect on the motion. Any other discussion? Votes were taken by Ayes and Nays and recorded as follows: Matt Scherer Paul Johnson Denise Streeter The motion carried, 4-0. TA : Consideration of an amendment to the text of the Jefferson County Zoning Regulations regulating the keeping of chickens on properties under three acres in Jefferson County, at the request of the Jefferson County Board of County Commissioners. Chairman Scherer asked the members if there was any ex parte communication or conflicts of interests regarding the requests and seeing none proceeded with the staff report Mr. Henderson read the staff report on the amendment. Chairman Scherer: Are there questions for Staff? Commissioner Streeter: What if the improvement district doesn t have any standards would the County s be the baseline, it would revert to the County, then? Mr. Henderson: If the improvement districts or HOAs decided not to allow chickens expressly, maybe they didn t forbid it but they didn t say we re going to adopt a resolution or covenants that say it s allowed then it would still be by conditional use. It wouldn t change anything. However, there are, for example Lake Dabinawa prohibits the keeping of chickens the individual that come to the County Commission in November said that Lake Dabinawa says that we don t want this but if the county were to say that it would be acceptable I could use that and go to my HOA and request a change to the covenants there. So this is kind of what the county discussed as a way to do that. Chairman Scherer: And you said Counsel had looked at this? It sure sounds like a delegation of legislative authority to me in my engineering legal opinion. The other question I have is what does an active homeowners association mean? 7

8 Mr. Henderson: That, I would say is a homeowners association that actually exists as opposed to a subdivision that says we have covenants that say there s a homeowners association but there isn t an actual homeowners association that meets. Chairman Scherer: I would sure figure out some way to define that. Mr. Henderson: If they have the ability to get their acts together for a time to adopt a covenant. Chairman Scherer: They could certainly get everybody together at somebody s house and ring in a homeowner s association meeting and take care of that and I don t know if that s what the Commissioners had in mind actually. Mr. Henderson: Do you have any recommendations as to how that might be affected? Chairman Scherer: To be honest with you I m surprised that we have restrictions on that. Mr. Henderson: It is a conditional use. There are a number of lots out among the larger lots in the county that are smaller 3 acres or less that probably do keep chickens. It s not something that Staff actively enforces, we re not out there looking for chicken coops. Of course, if we get a complaint then we have to. Chairman Scherer: I m surprised because there are people in Topeka that quite legitimately have chickens on city lots. Mr. Henderson: Yeah, Topeka, and there are a number of smaller urban, and when I say smaller I mean smaller than New York City, that do allow urban chicken raising. My sister who lives in the city of Lehi, Utah, they have about 50,000 people in their population, she had a chicken coop. She has, had, half a dozen chickens. I don t know if she still does she now has children so I don t know if she exchanged the chickens or what. Commissioner Streeter: We have an ordinance in Valley Falls, with adjacent property owner approval. So, it s not the 1000 feet that the conditional use zoning is but it s just that the adjacent property owners approve. Chairman Scherer: I don t believe that Homeowner Associations are required to report to anybody. You asked if I had any recommendations, I would just strike the active myself. Mr. Henderson: We can forward the text to them with that change if that is what s recommended. Vice Chair Johnson: I guess 2 or 3 questions. I was curious do goats or rabbits fall within the definition of farm animals? Mr. Henderson: According to the conditional use they do. The conditional use item list says, Chairman Scherer: They re not actually in the list but that s an example list, not an exhaustive one. Mr. Henderson: Yeah, it s an example of the animals. Vice Chair Scherer: Because obviously I see more goats on smaller acreages out there. Mr. Henderson: And it is 3 acres or smaller so if you have 3.1 you could basically have whatever you want without a conditional use permit so if you had 10 acres or 20 acres that doesn t apply. Vice Chair Johnson: And is it possible to set this up that the request for conditional use permit can be done simply administratively? Mr. Henderson: Potentially. It wouldn t be called a conditional use permit, it might be called a special use permit or a zoning use permit or something like that, but those types of permits do exist, not necessarily in Jefferson County currently but in other jurisdictions. Vice Chair Johnson: Because I think dragging that through the Planning Commission for all the people that want to keep chickens out there. Lawrence or other places don t they get into a game of where you can have chickens but not roosters? Commissioner Streeter: That s what ours states specifically no roosters. Mr. Henderson: I think that the reason behind that is to prevent, or down in western Kansas we had issues with cock fighting in the past so when the ordinance came up there was an effort to get that approved in Garden City and Finney County the reasoning behind not having roosters in addition to noise was also to prevent folks from having 6 or 10 trained fighting roosters and saying they re just my chickens. Vice Chair Johnson: So you re saying, in the last comments here, so we have what the County Commission asked the Planning Commission to consider the following text so we have this paragraph about the keeping of farm animals but you re saying that staff recommends an amendment to the regulations to allow for the regulations on smaller lots in the county so that s in addition to what was laid out by the County Commission s recommendation? Mr. Henderson: No, not necessarily. I believe the County s recommendation would allow for that if the HOAs or the Boards allowed for that in their subdivision. I think it s a separate matter that raising of chickens as stated is becoming more and more popular over the last decade so that might be something that could be approved, but the nature of that approval or the nature of the conditions under which the County Commission felt it would be okay to go forward was turning that over to the improvement district boards and HOAs to decide for their neighborhoods whether or not they think that would be appropriate. Vice Chair Johnson: Let me just get this clarified in my mind here. I understand the rule where appropriate you have the active homeowner s associations or whatever but was staff also talking about other small properties in the county where there s not a home improvement association involved? 8

9 Mr. Henderson: As far as Staff s feelings on the matter are concerned I think that might be appropriate and that s up for you all to decide as well if you feel that the request, basically was to consider the amendment, if you feel that the County s text does not go far enough, I don t know if that s the right phrasing to use, isn t comprehensive enough or is too limiting, you can recommend to them that yes we think this is a good idea however we d like to see it opened up broadly with this text and this is what we re recommending to you. And they can say we appreciate your input but we like our text or we like your text better and we ll adopt that. The issue then becomes the wording here was specific to the conditional use section. If that becomes morphed into we re amending a different part of the zoning regulations then we need to figure out we re going to amend the conditional use section to strike this language and put this language in another section, where does that go. It s a little bit more technical aspect but that is just other considerations. This amendment is kind of a clean cut, simple change that says it s still a conditional use unless these other neighborhood associations feel it s appropriate for that neighborhood to have that use then it s okay. Vice Chair Johnson: And within that conditional use section we re talking about we could change that to just special permits or whatever the phrase would be because if we keep it a conditional use and the way this is set up then the Planning Commission is going to have to be a player in all those? Mr. Henderson: Only if it s a request from someone who is not in one of those HOAs or improvement districts. So if the recommendation to amend goes forward and is accepted to amend the text to that s presented, if for example I live in Lakewood Hills and Jerry lives in Lakeside Village we both get together and say this is a pretty cool idea we both want a dozen chickens to raise eggs because we both like omelets a lot then you know if this text is adopted we can go to our boards and say we think raising chickens is a great idea and we smooth talk our board into changing their covenants to allow x number of chickens on a lot under whatever conditions they decide then Jerry and I can go out and buy our dozen chickens and start raising them whereas if I lived over here on Valley View Drive and they don t have a homeowner s association, I don t know if they do but say they don t have a homeowner s association, and I only have a 2.5 acre lot and I want to raise chickens I look through my covenants and say there s a homeowner s association but there hasn t been anybody on the homeowner s association in 20 years I need to come and get a conditional use permit. Chairman Scherer: Or, if you live in one of these and there is no covenant but your board does not feel like they want to do this exception you could still come in and ask for a conditional use permit. Mr. Henderson: Yeah. If the board just says we re cool with it but I don t think we have the ability to change our covenants because we don t have the number of people necessary to do that we ll say we support you in your conditional use permit request but you ve still got to go through the 60 day process. Chairman Scherer: Are there other questions for Staff at this point? Mr. Henderson: As far as Paul s special use permit or zoning use permit the way I would recommend that would be adding a section in to Article 23 for special use or zoning use permits and putting that use as well as, you might review the conditional use list and see what other uses may be better administratively, for example day cares might be another example because we ve had a number of daycares and my recollection from you all is that the Health Department regulates these we could have this administratively approved and have the Health Department regulate these. So that might be something else that could go into that section where it s a zoning use permit administratively instead of a conditional use permit. Vice Chair Johnson: Well, I m all for that. If we can do that judiciously I would rather leave that with Planning Staff than running that through us. Maybe we can request a draft. Open Public Comment Chairman Scherer asked if there was anyone present who would like to comment in support of the amendment. Chairman Scherer asked if there was anyone present who would like to comment in opposition to the amendment. Chairman Scherer asked if there was anyone present who would like to make any comments and seeing none closed the public comment portion of the hearing. Close Public Comment Chairman Scherer: I think it would be well, personally, to ask for some sort of change in the regulations that would allow for administratively taking some of these things, I think that chickens are a perfect example, but it doesn t actually get to what we were asked to do by the County Commission. Is there further discussion? Commissioner Streeter: Well, this seems to be a start in going along with their recommendation but I would have to agree. I would have to look up all the things that come under conditional use, but if there are things that could be, so you would make a draft revision and it would have to go to the County Commissioners, after we would look, is that true? Mr. Henderson: Yeah, so if you wanted to, you could make a recommendation on this text and then we could go through and have that amendment to the regulations come through as a separate item so in effect the amendment to that if it was 9

10 accepted by the County Commission at that time would remove certain items from the conditional use permit section and make them administrative zoning or special use permits further changing that section. Chairman Scherer: I guess I m going to suggest that we think about doing this text amendment but asking Staff to tell the County Commissioners that we would like to look into this more deeply as far as having Staff do some administrative permitting so they re not surprised when is shows up 2 or 3 months from now or they can come back and say we don t want you to do that. ACTION: SECRETARY NOLL MAKES A MOTION TO RECOMMEND APPROVAL OF TA AS PRESENTED BY STAFF. COMMISSIONER WHITE SECONDS THE MOTION. Vice Chair Johnson: Do we need a special motion if we want to take it the next step further in terms of refining the regulation? Secretary Noll: Should that be added in on the motion? Mr. Henderson: I think that could probably be a consensus on that to tell the County Commission your thoughts about that and then work on that. I ll take that direction. Votes were taken by Ayes and Nays and recorded as follows: Matt Scherer Paul Johnson Denise Streeter The motion carried, 4-0. TA : Consideration of an amendment to the Jefferson County Zoning Regulations pertaining to the uses prohibited in Jefferson County, at the request of the Jefferson County Board of County Commissioners. Chairman Scherer asked the members if there was any ex parte communication or conflicts of interests regarding the requests and seeing none proceeded with the staff report Mr. Henderson read the staff report for TA Chairman Scherer: Are there questions for Staff? Commissioner Streeter: Are there building codes being discussed? Chairman Scherer: Not here. Commissioner Streeter: I just thought that maybe it was something that was being discussed. But you ve had some requests that is where this is coming from? Mr. Henderson: Yes, there have been some inquiries about using shipping containers. We ve told the individuals that the current policy is to prohibit them from being used. The difference between a policy and a regulation is that Chairman Scherer: You can live on a regulation. Commissioner Streeter: You can quote chapter and verse. Mr. Henderson: Right. Policy is something that may or may not be really enforceable if it came down to the wire. Vice Chair Johnson: I have some hesitations about this. I ve seen various videos and presentations where people are using these containers pretty creatively and obviously people are probably much more desperate for housing than we are in Jefferson County right now and the other thought I have is if provided with proper ventilation and the necessary improvements to it it s also an option for some people as a preliminary structure if they want to build a house in Jefferson County it s like a first step. I would be pretty comfortable with option 2. Chairman Scherer: Other discussion? Secretary Noll: I share the same thoughts. Chairman Scherer: I guess I m comfortable with the way you explained option 2, but it s not written that way. Mr. Henderson: It doesn t list what necessarily are the requirements to be presented to the County Commission, that s true. Chairman Scherer: I think you could do that fairly simply by saying you must have plans that have been stamped by an architect, I don t know what the correct phrasing is. Mr. Henderson: An architect licensed or registered in the State of Kansas. 10

11 Chairman Scherer: For an engineer you d just say a professional engineer. Oh, and I also said placed on a permanent foundation. I think that is in other places in our regulations. Mr. Henderson: Placed or anchored to a permanent foundation. Chairman Scherer: And I m kind of like Paul, I d hate to restrict people s creativity too much. Commissioner Streeter: When I went to the school of architects graduation the speaker actually from San Francisco was taking containers and using them. So, obviously they have a supply there, a port, but anyway I agree. That s why I ask if we did have building codes on the horizon because that would take care of it then because I think that s a good point that you certainly want it to be ventilated and all the safety concerns. Mr. Henderson: There s other structures in the county that may be of questionable safety that are being used as residences but if something specific comes up that we can help try to make that safer, I would recommend that. Vice Chair Johnson: We ve also gone through the debate with these small modular homes, these little 200 square foot type, and so can people put that on the land and maybe add a room and call it and it gets back to building codes and what can we enforce and where do we draw a line? Chairman Scherer: Well those are certainly better than a storage container. Open Public Comment Chairman Scherer asked if there was anyone who would like to comment on the amendment and seeing no one closed the public comment portion of the hearing. Close Public Comment ACTION: VICE CHAIR JOHNSON MAKES A MOTION TO RECOMMEND APPROVAL OF TA AS FOLLOWS: No structure constructed or intended for use as a shipping container, whether originally as a transportation vehicle or as a separate structure, shall be used as a dwelling in any zoning district unless plans for such use designed by an architect licensed in the State of Kansas are approved by the Jefferson County Board of County Commissioners, and such structure is placed or anchored to a permanent foundation. Furthermore, no such structure shall be used as a storage container on property zoned SR Suburban Residential District, R-1 Single-Family Residential District, LL Single-Family Lake Lot Residential District, or V-1 Village District. All other such placements where allowed shall be in conformance with the restrictions within these Regulations. SECRETARY NOLL SECONDS THE MOTION. Votes were taken by Ayes and Nays and recorded as follows: Matt Scherer Paul Johnson Denise Streeter The motion carried, 4-0. TA : Consideration of an amendment to the Jefferson County Zoning Regulations pertaining to flood-proofing agricultural buildings, at the request of the Jefferson County Board of County Commissioners. Chairman Scherer asked the members if there was any ex parte communication or conflicts of interests regarding the requests and seeing none proceeded with the staff report Mr. Henderson read the staff report for TA Commissioner Streeter: And this came out of someone else s regulations? Mr. Henderson: There s a model regulation that is provided by the DWR and this is a section that is not included with the body of the text, if it were I believe it would already be part of our regulations, it s kind of an addendum a separate thing that says if you want to do this this is the recommended text. Chairman Scherer: This is not a good thing if you re the owner of the building and you need to be aware that you re going to suffer damage if there s a flood event because the water is going to go through your building. 11

12 Mr. Henderson: Obviously the best thing for you to do would be to not build in the floodplain, the second best thing to do would be to elevate everything that you build out of the floodplain, sometimes folks don t want to do that. Chairman Scherer: Sometimes you can t. Oddly enough if you re somebody else rather than the owner of the building this actually obstructs the floodplain less than elevating the building does. So, in some sense it s better for everybody else but not for you. Mr. Henderson: If you have equipment in there that s not elevated you can still get water damage, mud everywhere. Commissioner Streeter: Would insurance companies look at this probably like a building differently? Mr. Henderson: Again this is for the accessory buildings, it s not allowed for a dwelling unless it s below the main, like you could have a crawl space you could have vents in the crawl space. You wouldn t be able to have it above the main floor. Chairman Scherer: If you have a basement you cannot do it, but a crawl space you can. Mr. Henderson: Yeah. Unless you turn your basement into a crawl space. No living space only used for storage or parking. Vice Chair Johnson: Matt, do you think we should proceed with this? Chairman Scherer: I don t have a problem with it. I do want to point out something and I m sure Sam s noticed this but the first restriction, all proposed ag or appurtenant structures shall demonstrate that no other alternative outside the flood hazard area exists. That s a real stringent requirement when you get right down to it. It pretty much means that your entire property has to be in the flood hazard area. Mr. Henderson: Yeah, and for large acreages that could be problematic but again that s a way that you can tell them that you can build up there instead of over here. Chairman Scherer: It s a good criteria. I m not suggesting that, it s just that for the applicant it s a very difficult requirement to overcome. Mr. Henderson: And in the case of the 2 that are directly referenced they are on smaller properties whose entire property is in the floodplain. Chairman Scherer: And that s pretty much the only people who need to worry about it. FEMA and I do not agree on one of these items. And so I will point it out just because I ve had this disagreement with them for 15 years. And maybe I don t understand the political world and disaster relief assistance but there isn t any reason for a local regulation to state, No disaster relief assistance under a federal program shall be paid for repair or restoration of the Ag structure. It s item number 9 on the list. To me it s a case that sometimes we get into these things about whether we should be administering something or state law does in this case the fact that it s in a county regulation unless the county has some role in determining who receives assistance in a disaster it doesn t make any sense. Commissioner Streeter: It probably doesn t supersede federal. Chairman Scherer: Yeah, and you can imagine just how far that would go. Mr. Henderson: I think the only part that we would play is in post disaster evaluations. Chairman Scherer: And that doesn t need to be in the regulations. You re doing the evaluation for FEMA anyway. Mr. Henderson: I d be happy to strike it if that is what you want. Chairman Scherer: I think a thing that comes from copying the model is that you left the word community in number 10 and I think you actually got it out everywhere else. That should probably say county unless our regulation is actually set up to say community equals Jefferson County. That s a minor thing. It s no big deal you should just be consistent with the rest of the regs. That s just a consistency issue. Some cities do it that way and some change it to, the City of Topeka or something. Mr. Henderson: I m going to look at the current adopted one and see what we did. The current regulation says community. General discussion about removing item 9 from the regulations ensues. No decisions were made at that time. Open Public Comment Chairman Scherer asked if anyone present would like to comment on the proposed amendment and seeing no one closed the public comment portion of the hearing. Close Public Comment 12

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