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CITY OF LEAVENWORTH
PLANNING COMMISSION
COMMISSION CHAMBERS, CITY HALL
100 N. 5th Street
Leavenworth, KS 66048
June 4, 2012
REGULAR MEETING MINUTES
CALL TO ORDER
The Leavenworth City Planning Commission met Monday, June 4, 2012.
A. Roll Call
Commissioners Present:
James Byrne
Mike Bogner
Ken Burns
Steve Wood
Commissioners Absent:
John Karrasch
Randy Larkin
Keith Melick
City Staff Present:
Berrin Nejad, City Planner
Jane Turner, Administrative Assistant
B. Approval of Minutes – May 14, 2012, Regular Meeting. Upon motion by Mr. Byrne and
second by Mr. Wood, the minutes were approved unanimously.
OLD BUSINESS:
Zoning Subcommittee Reports: Neither subcommittee has met yet
NEW BUSINESS:
Z 2012-03
DENIAL RECOMMENDED
Z 2012-03 Rezoning, R1-9 to PUD, 1620 LeCompton Rd/Lv Co Humane Society
Consider recommending approval of a rezoning from Residential, Single-Family
Medium Density (R1-9) to Commercial Planned Unit Development (PUD) upon
application of the owners, Leavenworth County Humane Society
Planning Commission Minutes – June 4, 2012
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Chairman Bogner called for the first item on the agenda, a request filed by the owner,
Leavenworth County Humane Society, for a rezoning from R1-9 to PUD of the property at
1620 LeCompton St. He called on Ms. Nejad to present the staff report. Ms. Nejad
introduced the item and displayed the current zoning map and future land use map, both of
which show the area as residential, and the engineered preliminary plat map. She stated
that the applicant and engineer were in the audience and that the DRC had reviewed the
application and found it to be to code and in compliance. She introduced Crystal SwannBlackdeer, speaking on behalf of the Humane Society, the applicant, who informed the
board that they had addressed all of the staff’s requirements and that they had met with
neighbors beyond the required 200’ radius in October 2011 and had provided them with
the proposal. She stated that have no plan to operate a long-term shelter at this location as
Animal Control is ready to build their new facility. She stated they will build a shelter south
of Lansing to provide services to Leavenworth County taxpayers who currently have no
services. She informed the board that the proposed crematorium would put out less smoke
that a BBQ grill and that she was confident their plan met all staff concerns. She said it
would be an irresponsible use of donated funds to develop detailed plans prior to approval
of the rezoning.
Mr. Byrne questioned the initial sheltering capacity. Ms. Blackdeer responded that no
animals would be left overnight. Mr. Byrne asked about PUD restrictions for future
development; Ms. Blackdeer responded that they put everything on the initial plan to save
the expense of amending it later, but that it would not all be built immediately. Mr. Burns
stated he had no vested interest in the matter but that he went out to the location the last
two days and talked to approximately 20 residents. He stated their number one concern
was water flow, diversion and runoff, which has already created a ravine, and traffic flow is
an issue; he almost got run over trying to enter the property. He asked where the driveway
would be; Ms. Blackdeer responded it would be off of LeCompton Rd. The issue of more
people dumping animals knowing the Humane Society was there was discussed.
Chairman Bogner asked if they had not submitted all paperwork due to the cost of the
process. Ms. Nejad responded that the only thing not submitted was the elevations of the
buildings, which are not needed until later. Chairman Bogner stated he was nervous about
approving the applications with so many unknowns and asked what requirements have
been met. Ms. Nejad replied they had met all requirements except the building design and
elevations and that the building will be unique and sustainable. Chairman Bogner
reminded the board they could impose conditions on the approval. Mr. Byrne asked how
much crematorium business they anticipated. Ms. Blackdeer responded that currently all
the veterinarians and Animal Control go to Missouri as there is no local facility so they
expected quite a bit of business. Mr. Byrne stated there should be reasonable restrictions
on how many dogs they could keep and the length of their stay. Ms. Blackdeer commented
that any resident can now keep 4 and they are only allowing for 5. Mr. Byrne asked if they
had asked for an exemption from noise regulations. Ms. Blackdeer responded that she
would not want an exemption because they want to be a good neighbor.
Planning Commission Minutes – June 4, 2012
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Mr. Byrne moved to approve the staff report. The motion was seconded by Mr. Burns and
carried unanimously.
APPROVAL OF STAFF REPORT
Motion to Approve: Byrne
Second: Burns
James Byrne
Mike Bogner
Keith Melick
Randy Larkin
John Karrasch
Steve Wood
Ken Burns
Aye
X
X
Nay
Abstained Absent
X
X
X
X
X
PASSED 4-0
Chairman Bogner opened the public hearing. The following residents addressed the board:
 Betty Cordt, 1000 S 17th
 Willard Wiley, 1827 Edgewood Ct
 Carl Fischer, 1832 Edgewood Ct
 Michele Millar, 1935 Woodridge Dr
 John Millar, 1935 Woodridge Dr
 Kenneth Fraser, 1004 S 17th Terr
 Paula Cathey, 1419 S 16th St.
 Plaudy Meadows, 1816 Edgewood Ct
 Bates Dyer, 1418 S 18th St
 Jeff Seeger, 1400 S 16th St.
 Terry Lee, 1931 Woodridge Dr.
 Ron Brumit, 924 S 17th Terr
 Cheryl Mettlen, 1406 S 16th St
 Cathy Dennison, 921 S 17th Terr
In addition, letters in opposition to the project from Karen Works, 1220 Neosho, Humboldt
KS and Greg Kaaz, 2130 Lecompton Rd. were distributed to the Board.
Residents shared many common concerns about locating the project at this location,
including:
 Safety along LeCompton Road; narrow road, lack of shoulder area, many
inexperienced high school drivers going too fast; traffic will increase; who pays to
improve road
Planning Commission Minutes – June 4, 2012
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Drainage/runoff has been on-going problem for years, this could increase that,
owner previously removed ponds
Support the Humane Society, commendable project, but needs to be out in the
county; this mitigates a problem that doesn’t exist in the city. The County, which
does have a problem, chose not to address it
Speculation that surrounding property values will be adversely affected
Can the city afford the decrease in property taxes when property values decrease,
speculated to be over $1 million
Barking dogs; even if the shelter is temporary the dogs will bark and will not behave
as homeowners’ dogs do, and there won’t be an accountable person controlling
them
Homeowners in Crown Estates and Shannon Woods Subdivision were not notified of
the public hearing
Leavenworth has not allowed commercial spot zoning in the past and shouldn’t
now; commercial doesn’t belong among houses, some of which are valued at $350$500 thousand
Crematorium; how much smoke & odor will it produce, who will regulate it
Impact on other utilities, especially water pressure as this will use more water than
a normal household
If an open access park is put in, how will access be controlled and security handled
Ground and water quality; seems strange that the city would approve a septic tank
with the history of problems with them
Increased crime and abandoned animals
Incomplete plans; concerns about what could be added, what the final project will
be; could become more than depicted; too many loose ends
How long will they have to build everything; can someone else come in & do
whatever they want if Humane Society can’t complete the project; basement of one
house was started years ago, house never was completed; if that is allowed how long
will this be given
Appreciation for Mr. Burns coming out & walking the property
Humane Society wants to build no-kill facility in county; will have to choose
between the two if funds aren’t sufficient; one will be second class
Temporary trailer for office not acceptable, will lower property values
Speaking in response to issued raised were the following:
 Berrin Nejad, City Planner:
 In rezoning, staff looks at zoning matrix and Comprehensive Plan, not
property values
 Project must be built within 18 months or zoning reverts to original
 City Engineer reviews plans, applicant must make street improvements
 All utility companies are notified, all said they could provide services
Planning Commission Minutes – June 4, 2012
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 Notification was made to all property owners in a 200’ radius in
accordance with State and local law, published in local paper & on city
website
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Brett Napier, Engineer for the project:
 Will expand pond for drainage and create new engineered pond & berms
 Will wide shoulder 5’ and add gravel per Public Works requirements
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Crystal Swann-Blackdeer, Leavenworth County Humane Society
 They provided city with list of owners within 200’ radius as required,
sent their own letter out months ago that went out further than that
 They were not aware of time limits
 They have a mobile trailer now that could be moved onto property
 20-30 homes could be built on the property, owners could have up to 120
dogs versus the 5 they are proposing
Finding no one else wishing to speak, Chairman Bogner closed the public hearing and
called for board discussion, which included:
 Have to look at codes, not people or property values
 Staff is following proper notification procedures by communication is still
lacking, people aren’t hearing the message
 Notification issues can be addressed at another time
 This proposal does not conform to the new Comprehensive Plan, just adopted a
year ago
 Concerns about the type of activity board would be approving; the crematorium
on 10th Avenue was a big issue
 Noise may be an issue
 Most PUD’s are very restrictive, this one would allow owner to go forth & do
whatever they please
 This would be incompatible spot zoning
Mr. Wood moved to recommend denial of the rezoning. The motion was seconded by Mr.
Burns and carried unanimously.
DISPOSITION OF REZONING APPLICATION
Motion to Recommend Denial: Wood
Second: Burns
James Byrne
Mike Bogner
Aye
X
X
Nay
Abstained Absent
Planning Commission Minutes – June 4, 2012
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Keith Melick
Randy Larkin
John Karrasch
Steve Wood
Ken Burns
X
X
X
X
X
PASSED 4-0
As the review of the preliminary and final plats and development plans was contingent
upon approval of the rezoning, those items were not brought before the board.
ADJOURNMENT:
There being no further business, the Chairman adjourned the meeting at 8:35 p.m.
Submitted by:
Approved by:
______________________________________
Berrin G. Nejad
City Planner
___________________________________
Mike Bogner
Chairman
BN: jt
Planning Commission Minutes – June 4, 2012