Oct 25, 2012 - Unified Government of Wyandotte County / Kansas ...

STATE OF KANSAS ) PLANNING & ZONING SESSIONWYANDOTTE COUNTY )) SS THURSDAY, OCTOBER 25, 2012CITY OF KANSAS CITY, KS )The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met inregular session Thursday, October 25, 2012, with nine members present: Holland, CommissionerAt-Large First District; Mendez, Commissioner At-Large Second District as Mayor Pro-Tem;Barnes, Commissioner First District (via conference phone); McKiernan, Commissioner SecondDistrict; Murguia, Commissioner Third District; Kane, Commissioner Fifth District; Markley,Commissioner Sixth District; Cooley, Commissioner Seventh District (via conference phone);and Ellison, Commissioner Eighth District (via conference phone). Reardon, Mayor/CEO, andMaddox, Commissioner Fourth District; were absent. The following officials were also inattendance: Doug Bach, Deputy County Administrator; Delia York, Deputy Chief Counsel;Carol Godsil, Deputy Unified Government Clerk; Gordon Criswell, Assistant CountyAdministrator; Rob Richardson, Director of Urban Planning & Land Use; Bradley Munford andByron Toy, Planners, and Janet Parker, Administrative Assistant.MAYOR PRO-TEM MENDEZ called the meeting to order.ROLL CALL: Cooley, Ellison, Holland, Mendez, Barnes, McKiernan, Murguia, Kane,Markley.INVOCATION was given by Reverend David Burnworth, London Heights Baptist Church.Mayor Pro-Tem Mendez recognized individuals from Troup #160 and Pack #3160 from St.Patrick’s Church. They included Sean Cresswell, Jacob Smith, TJ Villa, Devin Rice, XaiverCarlos, Gage McRae, Ethan Findley, Ian Pack, John Pack, Kelly Rice, Dave Cresswell and AprilCordero.THE AGENDA for October 25, 2012, was presented. Mayor Pro-Tem Mendez asked if therewere any revisions to the agenda. There were none.Ms. Godsil asked if any members of the Commission wished to disclose contact with proponentsor opponents on any item on the Agenda. Commissioner Kane disclosed proponents for #SP-

22011-14 and when I got here tonight, I’ve got two that are against it. They laid it here on mydesk. Commissioner McKiernan disclosed opponents for #A-2012-9. CommissionerMarkley stated I too received the letters from the opponents for #SP-2011-14 here at thecommission meeting. Commissioner Holland stated I also had communication from opponentsand proponents for #SP-2011-14. Commissioner Ellison stated I also had the same two thatCommissioner Holland spoke of. Commissioner Cooley stated same here. I received bothcommunications from opponents and proponents for #SP-2011-14. Commissioner Barnesstated same here.Mayor Pro-Tem Mendez asked are there any set-asides on the Consent Agenda.Commissioner Murguia asked to set-aside #MP-2012-6. Rob Richardson, Director of UrbanPlanning & Land Use, asked to set-aside #SP-2012-49 and M#2012-6.Action:Commissioner Kane made a motion, seconded by Commissioner Barnes, toapprove the Planning and Zoning Consent Agenda, excluding the set-asides.Roll call was taken and there were seven “Ayes,” Cooley, Ellison, Holland,McKiernan, Murguia, Kane, Markley. Commissioner Barnes abstained.PLANNING & ZONING CONSENT AGENDACHANGE OF ZONE APPLICATIONSITEM NO. 1 – 120272...CHANGE OF ZONE APPLICATION #3037 – TYLER OLIVERWITH HODG I, LLCSYNOPSIS: Change of zone from A-G Agriculture District to CP-1 Planned Limited BusinessDistrict for a Dollar General store at 4505 Metropolitan Avenue. The applicant wants to rezonethe 1.20 acre parcel to construct a 9,100 square foot Dollar General retail store and MASTERPLAN AMENDMENT ITEM NO. 1 – 120272 - Master Plan Amendment from Business Park toCommunity Commercial at 4505 Metropolitan Avenue The Planning Commission voted 8 to 0to recommend approval of Master Plan Amendment #MP-2012-6. The Planning Commissionvoted 8 to 0 to recommend approval of Change of Zone Application #3037, subject to:Urban Planning and Land Use Comments1. Sec. 27-577(a)(5) Landscaping shall exceed the typical code requirements by at least 75percent. The CP-1 Planned Limited Business District requirement is one tree per 7,000October 25, 2012

49. Sec. 27-464(c)(1) All sales, services and storage shall be conducted within a fullyenclosed building. No product may be handled or service rendered which cannot beaccommodated within a building at all times, except that accessory storage and sale oflandscaping and gardening supplies may occur outside during the spring planting season,and Christmas trees may be left outside during the period of sale if they do not reduce thecapacity of a parking lot below that required by ordinance. Ice coolers and the sale ofmerchandise on the sidewalk are not permitted.10. The only permitted detached sign shall be a monument sign. The monument sign that isproposed shall have a similar terraced base that is located at the 6028 Leavenworth Roadstore.11. All wall pack lighting and parking lot lights shall have 90 degree cutoffs.Public Works Comments1. Items that require plan revision or additional documentation before engineering canrecommend approval: None.2. Items that are conditions of approval (stipulations): None.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: None.The applicant and their representative have worked with staff to develop a quality project thatmeets the applicable ordinances and Commercial Design Guidelines.Tyler Oliver, HODG I, LLC, appeared stating I’m the developer of the Dollar General. Iwould be curious why are we setting aside the rezoning this evening. I would be happy toanswer any questions.Commissioner Murguia stated Mr. Oliver, thank you very much for being here tonight andbeing willing to answer any of my questions. I worked with you before and had a very positiveexperience with you. I know that you are doing a number of Dollar General developmentsthroughout Wyandotte County and the greater Kansas City area. You’ve done great work. Ibelieve you were involved in the new Dollar General that is in Argentine on Metropolitan andOctober 25, 2012

5you did a great job and you were very easy to work with. I can tell you that the residents inArgentine and the surrounding area greatly appreciate having a Dollar General in that area. Thenew retail is amazing. I never drive by there when there isn’t a ton of people in the parking lot,so hopefully that’s good for Dollar General.I do have a concern. I’ve been having communications with the Dollar General. Ibelieve their corporate headquarters is in Tennessee. I’ve expressed some concerns about theupkeep of the grounds. There seems to be an excessive amount of trash. The grass doesn’t seemto get mowed on a regular basis. There is substantial weeds in the landscaping. There has beensome dead landscaping several times over the summer. There is an enormous amount ofproduct outside of the store on the sidewalk. It sort of appears to be just shoveled. Often timeswhen I go in there, the shelves appear to be empty. The shelves being empty could be a goodthing for Dollar General. My concern is this, in Argentine and in District 3, we are undergoinga lot of effort to revitalize that community in that area. If you’ve been to that area, I’m sureyou’ve seen our brand new $6M library, lots of new infrastructure and new housing. Thoughwe truly need and are appreciative of the retail, the condition that the store is kept creates someconcern in the community. Though corporate headquarters is very responsive to the concerns, italways takes me to bring those concerns to the operations department’s attention. My concernis that I wouldn’t want additional stores to be built in our community that this happens wherethere is an enormous amount of trash and lack of upkeep. It’s very important, and I believefrom our strategic planning, what we learned as commissions is that we all seem to agree thatcode violations and code enforcement are very important to all of us. We would like to be ableto raise the standard, in particular, in those areas that have seen more blight or more challenges.I have no objection to your proposal tonight. I think this Dollar General store is going tobe great. I would like to see before we approve this tonight, I would like to see or hear about anoperations plan to address these other issues before this gets approved.Mr. Oliver stated I’ve seen emails in the past back and forth to corporate, different complaintsthis summer about the landscaping. There was an issue with the sprinkler system. That’s whythings were dying. I think they got that resolved. I know personally, I paid to have several ofthe bushes and shrubs replaced at my own expense just to try to keep things going. I kind ofthought we had things worked out with the maintenance and keeping up the grounds and thelandscaping and so forth. If there is something new, I wasn’t aware of that. I know it has beentop of mine for Dollar General to stay on top of their landscaping issues better. That’s a veryOctober 25, 2012

6high volume store so that’s part of the reason that there is not much merchandise in there. Asfar as trash, I’m not aware of what’s going on whether they’re just not doing a good job ofmaintaining or keeping up the grounds. They have 10,000 stores in many, many communities.They’re a great tenant; a great retailer. They try their best. Perhaps in this particular store it’s amanagement issue that is just not quite getting done. I think the other stores, I have not heardany complaints about the other stores we’ve developed whether they’re having those sameissues or not. I’m not sure if I answered your question or not. Commissioner Murguia statedyou answered my question. I appreciate that.Commissioner Markley stated I would echo Commissioner Murguia’s comments in terms ofhow excited we are to have another Dollar General. It’s certainly something our communityneeds. We have very little retail so we are excited about the opportunity. I would also echo thatthere are some concerns again relating back to the Dollar General in Argentine. We havegraffiti issues in our neighborhoods particularly in the summer so hopefully we’re getting out ofthat season. I personally went to a bunch of stores in the area to see if they were complyingwith our graffiti ordinances and Dollar General and most stores honestly, they’re not. Theydon’t have up proper signage according to our ordinances and it’s unclear whether they arecomplying with the part of our ordinance that requires them not to sell to individuals that areunder 18. It’s just another set of concerns that we would like Dollar General to address and say,you know, we are going to partner with your community. We are going to make sure that weare obeying your ordinances. That we are taking the steps to make sure we’re not putting spraypaint into the hands of young people that are going to go spray on the outside of someone’s wallor the Dollar General’s wall is also a possibility. Again, it’s just a concern and it’s somethingthat we would like to see addressed, I guess, more formally through Dollar General. I’m willingto make a motion but I think Commissioner Barnes wants to speak first.Commissioner Barnes stated as I was listening to Commissioner Murguia, want to thank youfor your comments. That same thing is happening on the north side of town. I would like abetter answer as to how they plan to address it or at a later date they can submit some type ofplan of action to the Planning Department to Mr. Richardson or someone to be a little bit moredefinitive about the action that is going to be taken to make certain that the exterior upkeep ofthe stores are kept in tack. When she was talking, we are experiencing the same kind ofproblems on Quindaro.October 25, 2012

7Mr. Oliver asked is there a way tonight to continue with the process. We are always under thegun with landowners and contracts and trying to get a shovel in the ground before snow fliesand so forth. Is there a way to continue tonight with some sort of an agreement - havesomebody in from Dollar General either to meet with the city or have some sort of a better,more written plan that is amenable to everyone here, kind of subject to hearing from DollarGeneral and working out a plan? Commissioner Barnes stated that is exactly what I amtalking about.Rob Richardson, Director of Urban Planning & Development, stated this is not the onlyapplication that Mr. Oliver has before the Unified Government at this time. He has a projectthat is probably a month from Planning Commission and Board of Commissioners at 18 th &Minnesota. I think that it would be possible for him to provide us that documentation beforethat store comes before us. If you were inclined to let him continue with this store, I think we’llhave another bite at this apple in the very near future to make sure this is rectified citywidebefore. I think he has incentive to get that done and this project can move forward because weare getting close to the winter season when we might have construction issues.Commissioner Barnes stated I don’t have a problem with that. If he needs a recommendation,we’ve got a lot of people looking for work that would be more than happy to keep your storesclean for him.Commissioner Murguia stated I would echo what Commissioner Barnes said. Sometimeswhat happens is when you hire a contractor that doesn’t live in Wyandotte County or doesn’tlive in the area that they serve, they don’t take as much interest. I’m serious when I say alongwith Commissioner Barnes, we have plenty of people that live in these communities that are outof work that could benefit from doing that work and would take greater care with it becausethey live in that community. I’m fine with it moving forward as long as we know that you arecoming forward with another Dollar General because frankly Mr. Oliver, you’ve been great todeal with but you’re the developer and who we need to hear from is Dollar General that whenyou’re done, you’re out of the picture. Absolutely, I’d appreciate it if you could facilitate ameeting between at least myself and any other Commissioners that are interested in meetingOctober 25, 2012

with the people from Dollar General to get some sort of agreement in writing that movingforward they will take better care of these kinds of things.8Mayor Pro-Tem Mendez opened the public hearing.No one appeared in support of.No one appeared in opposition.Mayor Pro-Tem Mendez closed the public hearing.Action:Action:Commissioner Murguia made a motion, seconded by Commissioner Barnes,to approve Change of Zone Application #3037, subject to the stipulations.Roll call was taken and there were nine “Ayes,” Cooley, Ellison, Holland,Mendez, Barnes, McKiernan, Murguia, Kane, Markley.Commissioner Markley made a motion, seconded by CommissionerMurguia, to approve Master Plan Amendment #MP-2012-6. Roll call wastaken and there were nine “Ayes,” Cooley, Ellison, Holland, Mendez, Barnes,McKiernan, Murguia, Kane, Markley.ITEM NO. 2 – 120273...CHANGE OF ZONE APPLICATION #3042 – NATHANIELHAGEDORN WITH NORTHPOINT DEVELOPMENTSYNOPSIS: Change of zone from A-G Agriculture District to RP-5 Planned ApartmentDistrict for a 306 unit apartment development consisting of six buildings, clubhouse, carportsand garages at 11501 Parallel Parkway and Master Plan Amendment Item No. 2 – 120273 #MP-2012-10 - Master Plan Amendment from Planned Mixed Business Park/Commercial (PrairieDelaware Piper Master Plan) to High Density Residential (City Wide Master Plan) at 11501Parallel Parkway. The Planning Commission voted 8 to 0 to recommend approval of MasterPlan Amendment #MP-2012-10. The Planning Commission voted 8 to 0 to recommendapproval of Change of Zone Application #3042, subject to:Urban Planning and Land Use CommentsOctober 25, 2012

91. Sec. 27-460(c)(1) Height shall not be more than four stories. Three buildings are tallerthan four stories. A variance application has not been submitted and will need to beapproved by the Board of Zoning Appeals in order for five stories to be constructed.Applicant response: All apartment buildings are designed to be code compliant as fourstory buildings with three of the buildings having partial walk out basements – Varianceapplication should not be necessary.Staff response: It is difficult to say five-story buildings are not proposed. The applicanthimself described them as five-story buildings to senior staff and the mayor andelevations contained in this report clearly show five-story buildings. A variance isrequired.2. The stormwater and stormwater treatment needs to be redesigned. The site in its currentconfiguration does not work and will not work per Public Works’ comments.Furthermore, there is electrical easement issues unresolved. How do you intend to buildDelaware Parkway across the easement?Update: We understand a preliminary rework of the storm system has been accomplished and isat a point the final plan can be accomplished. The easement issue remains unresolved, but thesite has been adjusted to accommodate the existing utility lines.3. Per Sec. 27-460(c)(2) Side yard, interior: Not less than ten feet between any building andany property line. This includes garages and carports that are adjacent to the north andwest property line. All buildings, structures and other uses of land shall conform to thesestandards.Applicant response: The site plan has been modified to remove the garages from thewest and north perimeters. The carports are cantilevered construction, the supports ofwhich are located nine feet inboard of the perimeter curb and; therefore, only the roofencroaches into the required setback, which we believe is allowed.Staff response: Structures may not violate the required setback. The setback foraccessory structures is three feet for any part of the structure regardless of the supportlocations.October 25, 2012

104. Per the multi-family residential design guidelines within the City-Wide Master Plan, tothe maximum extent feasible, garages entries, carports and parking areas, and parkingstructures shall be internalized in building groupings or oriented away from the arterial orcollector street frontage. All of the parking, excluding in-unit garages, is along theperimeter of the development. North 110th Street and Delaware Parkway are arterials andcollectors. This design does not conform to the Master Plan.Applicant Response: The multi-family residential design guidelines include a number ofrecommendations and suggestions regarding site design. We have attempted to arrangethe site plan to largely be in conformance with the suggestions and recommendationsfound in IV.A.3, 4, 5 and 6, as well as the recommendations contained in IV.B.1 and 2.The primary site design concept is to orient the buildings within the development towarda pedestrian friendly central open space which contains several community amenities andwhich uses these amenities and open spaces to provide adequate separation between thebuildings and the assigned open spaces for the residents of those buildings to promote asense of community while preserving individual privacy and maximum separation fromvehicular parking areas. The parking areas on the perimeter of the site also provide aseparation from the major thoroughfares that abut the property on the east and proposedon the south. These parking lots, as well as those on the west and north, are designed tominimize the size and extent of the parking fields to just contain that parking needed bythe residents of each of the buildings while keeping that parking in close proximity toeach of those buildings. Guest parking is limited to the two narrow drives where parallelparking is designated which provides convenient and handy pedestrian access to all of thebuildings’ primary entrances as well as locating these guest drives to minimize day-todayvehicular use by residents thereby minimizing interference with internal pedestriancirculation. The goal is to separate vehicular and pedestrian internal circulation topromote pedestrian circulation between the buildings and the on-site amenities. The siteplan contemplates the possibility of expanding related development to the north and tothe west. Should such expansion occur, the existing parking fields on the west and northmay become part of internal parking fields that will Change of Zone Petition #3042 and#MP-2012-10 serve to define and separate distinct neighborhoods of clustereddevelopment. The common open space at the north central part of the site is envisioned asOctober 25, 2012

the south end of a common open space that will be used as a natural drainageway andpedestrian circulation to future development on that north parcel.11Staff response: We need to remember the same firm wrote the guidelines and indicatedthat they were very good and worthy of being adopted and now indicates they can beignored. The following paragraphs highlight some of NSPJ’s recommendations.Last year, August 25, 2011, 500 acres west of this development were approved for amaster plan amendment (#MP-2011-1) that had its own multi-family design guidelinesand standards. Those standards include:• Ensure that buildings relate appropriately to surrounding developments and streetsand create a cohesive visual identity for the neighborhood and attractive streetscene;• Promote efficient style layout in terms of vehicular and pedestrian circulationpatterns.• Ensure occupants’ privacy through careful sitting of buildings within a multifamilydevelopment (e.g. address sightline of window to window in adjacentbuildings, limit buildings’ primary orientation to parking lots).• To the maximum extent feasible, garage entries, carports, parking areas, andparking structures shall be internalized in building groupings or oriented awayfrom street frontage.• Parking areas and freestanding parking structures (detached garages or carports)shall not occupy more than fifty percent of each perimeter public street frontage.• Individual buildings within a multi-family development may be oriented to:oTo the maximum extent practicable, buildings should be oriented orarranged in a manner to enclose required common open spaces.October 25, 2012

12oPrimary perimeter streets, including thoroughfares or boundaries.Applicant Response: The Design Guidelines referenced above contain a large number ofrecommendations not included in the comments just above. The two bulleted statementsabove are somewhat contradictory. We chose to more closely follow the first bullet pointrecommendation rather than the second for reasons stated above in an earlier response.Staff Comment Continued: These guidelines and standards are a mere snapshot of whatwas approved with that master plan amendment and staff has been directed to incorporatethose standards into the City Code. Those multi-family developments will be brought tothe street edge, have amenities that are centered within the development, parking layoutand have pedestrian connections to commercial land uses, including, but not Change ofZone Petition #3042 and #MP-2012-10 limited to retail shopping centers, officebuildings, restaurants, or personal service establishments. Those guidelines should beincorporated into the Legends Apartments because of its close proximity to Piper Plaza,Plaza at the Speedway, the Legends, and office buildings.This site should be designed to include TND principles that are currently not included inthis development. The buildings should be moved towards North 110th Street andDelaware Parkway. This is a more efficient use of the land and the site will be morewalkable. Placing the units around the perimeter of the site will put more than half of theresidents within 2,000 feet from the front door of the Legends, which include Yardhouse,Jazz and other retail businesses and restaurants. Furthermore, those residents will becloser to Target, JCPenney and the T-Bones baseball stadium. That is a more walkabledistance than under the current configuration. Utilizing a TND site plan would place mostof the units closer to the Legends than any current units.Applicant Response: Moving the buildings closer to the streets would only increasewalkability by about 50-100’ while the distance to most of the nearby retail is 2000’ orgreater. We are looking at a 2%-5% increase in walkability, which we do not believe issignificant. Our proposed site plan includes a pedestrian link from our internal pedestriancirculation to the public walk/trail proposed for Delaware Parkway and 110th Street. Thislink is located at the SE corner of our development at the intersection of DelawareParkway and 110th Street. This is likely the only location for a traffic signal controlOctober 25, 2012

13which would facilitate pedestrian access to the east existing developments referred toabove. Additionally, though TND principles may be generally desirable when linkage toother TND neighborhoods is possible, that is not the present case here. All the existingsurrounding development to the east is more characteristically described as “highwaycommercial” in its design. 110th Street is located within a 200’ wide ROW and will begenerally 10’ to 12’ lower in elevation than our adjacent property. Delaware Parkway isenvisioned as a major median divided vehicular east-west route. Likewise this is notconducive to TND design principles. Neither of these streets is envisioned to incorporateon-street parking or other traffic calming design principles necessary and conducive toTND design concepts.Staff response: Staff offered several solutions to the problems with TND the applicantlists above to no avail. However, the one mitigating factor in favor of the applicant is theextreme high quality of this project that is beyond what was envisioned previously forthis area. That said, it will virtually eliminate any future arguments in favor of traditionalneighborhood design (which NSPJ indicated was appropriate east of their previouslyproposed apartment projects). The Master Plan also indicates future apartmentdevelopment should be done in a TND fashion. It is being done a few miles to the southalong 87th Street west of I-435. It is unfortunate the applicant will not conform to theMaster Plan or a more workable design.5. Per the City-Wide Master Plan, the maximum length of a multi-family residentialbuilding shall be 200 feet. The units are between 216 – 242 feet in length. The applicantrequests a variance to this requirement. Given the quality of the project and larger overallmass and quality articulation, the request is reasonable and should be approved.6. All overstory trees shall be at least 4” caliper when planted. All ornamental trees shall beat least 2” caliper when planted. All evergreens shall be at least 6’ when planted. Allshrubs shall be 5 gallons when planted. Acknowledged by applicant.7. All landscaping shall be irrigated. Acknowledged by applicant.8. Landscaping is required to screen all parking areas and service entries. This includes thetrash enclosure.All trash receptacles shall be enclosed with a screening wall or fence constructed of thesame materials as the primary structure. The screen must be a minimum of six feet inOctober 25, 2012

height on all sides and designed with the gate facing away from streets or adjacent landuses. All screening materials must be well maintained at all times.14While there is a tree to screen the trash enclosure, the doors still face North 110th Street.Applicant response: The plan has been revised to alter the geometry of our NE entrydrive. This will allow landscaping to be placed that can effectively screen the doors fromview.Staff response: This will be verified at final plan and the landscape must provide a fullscreen from the initial planting.9. All utility connections must be screened with landscaping or an architecturally designedscreen wall. All utilities mounted on the wall must be painted to match the building.Rooftop mechanical equipment shall be screened from public view by an architecturalscreen. Acknowledged by applicant.10. Downspouts shall be painted to match the building and recessed into the corners ofbuilding as not to be in plain view of the public. Acknowledged by applicant.11. The building materials are high-quality and durable. The materials being used aresimulated (synthetic) stone veneer, cementations shingle and lap siding, and asphaltcomposition shingles which meet the Multi-Family Design Guidelines.12. It shall be noted that one trash dumpster cannot possibly serve 306 apartment units.Furthermore, while staff understands that the developer wants to shield residents from thedumpster by placing the enclosure on the eastern perimeter, there needs to be anotherdumpster that serves the other half of the complex.While this development is of high-quality with its building materials, architecture, and on-siteamenities, it is good, not best. We, as a community, need to decide Change of Zone Petition#3042 and #MP-2012-10 whether we want good or best, according to our City-Wide MasterPlan. There are numerous issues, pertaining to the building placement/orientation, the electricaleasement, stormwater and stormwater treatment that have not been resolved and need to beredesigned.October 25, 2012

15Update: This issue is extensively discussed above.It is ironic that the City approved a Master Plan prepared by the same architect as this applicationwhere it was presumed the TND style development on the eastern portion of that developmentwould continue to the east and now we have what amounts to a very high quality suburban-styleapartment complex proposed. This is a dilemma.Applicant response: The TND component of the referred Master Plan was envisioned assomething that could be internalized and stand alone or, if 118th Street were improved as acomponent conducive to TND design concepts, possibly extended eastward across 118th Street.The existing developments to the north along Parallel and east across 110th Street are allcharacteristic of highway commercial development and separated from the subject tract byvehicular thoroughfares designed to carry large volumes of traffic efficiently. In our view, thisexisting development pattern is not conducive to successful TND development. We hope that ahigh quality “suburban style” multi-family development would be viewed as compatible withand provide valuable customer support to the existing commercial development already in placeon these adjacent tracts.Staff response: The style of development is something one can always argue should start at adifferent point on someone else’s project, but the fact of the matter is every time we say it isokay not to follow the better design principles we come closer to assuring that we will be likemost other suburban areas without unique defining features to lure people beyond Village West.No doubt people will move into these units. That is not the point. We have the rare opportunityto further set ourselves apart from the mundane Johnson County development patterns.Public Works CommentsNote: Revised comments from Bill Heatherman, P.E., County Engineer, dated October 2, 2012.Applicant response will be included where the revised comments do not make them moot.1. Items that require plan revision or additional documentation before engineering canrecommend approval:October 25, 2012

16a. Intersection scope and limits for this project are acceptable. A traffic study is waivedfor this project, but will be required before any other development on the area westof 110th can be approved. Further upgrades to the intersection would be required atthat time.b. Pervious pavement shall not be placed in the drive aisles, even those considered“light” traffic. Pervious pavement in this area is still a Change of Zone Petition#3042 and #MP-2012-10 emerging technology and has only been demonstrated inthis region in parking lots.Applicant response: All driveways within the project area are light traffic areas. No trucktraffic will be directed within the project site. Permeable pavers rated for light traffic situationswill be used. Installation, maintenance, and operation will be per the manufacturer’srecommendations.Staff response: The comment stand and we believe that the applicant has now made thismodification, but it will be reviewed at final plan.C) The problems with lack of complete internal circulation on the site remain. An accessaisle shall be provided along the north perimeter of the site to connect the parking lotsserving Building #6 and #1 – the alignment of which would go through the area currentlymarked for Detention Pond A.D) A right turn lane for southbound 110th traffic to turn right onto Delaware is not requiredwith this improvement, but shall be shown in the plans as future with 100’ minimumstorage and appropriate taper. All current sidewalk and other improvements at theintersection will be set back to minimize rework when it is built.E) The geometry shown for the reconfigured entry drive on 110th at the NE corner (oppositeJC Penny’s drive) is better than previously. You may show it on the plans as a “possiblefuture access point, subject to further study” and design the rest of the improvementsaccordingly. However, it is still questionable whether any general access at all from thatlocation is prudent, and that question can only be answered in the traffic study that willcome later. Therefore, the entrance is not allowed to be constructed.October 25, 2012

17D) We still have numerous questions and concerns about the detention proposed on this site.A face-to-face meeting with the designer is needed to clarify, and then a revisedstormwater study and drainage plan will be needed. Specific remaining concerns include:1) It appears from the existing and proposed drainage area maps that drainage area isbeing transferred from areas 1, 3 and 5 into basin 2, which increase in size from5.49 acres to 10.03 acres. Such transfers are not allowed when the offsitereceiving channel is not the same, unless for compelling reason and withconsideration of any downstream impacts.2) The need for each basin must be calculated and checked separately. It is notcorrect to list and tally the total of all basins as shown in Table 2.5 of thepreliminary study.3) The description and plans for detention of Basin 2 are inconsistent. The text onpage 8 of the revised report says that detention is by a series of the two wet pondsin the center of the site and the extended detention wetland offsite to the north atParallel. The plans still show a “Detention Basin A” in the northern-center of thesite, along with designations “B” and “C” for the two center basins. In meetingswith applicant, we were told that the center basins are no longer detention basins.Please clarify.4) In addition, the implication that detention in Basin 2 is provided through a seriesof smaller basins working in unison may be a problem. The volumes needed toachieve particular peak flow attenuation in these circumstances cannot beestimated from the Short-Cut method, nor can simple addition of total volumes asshown in Table 2.5 of the Preliminary Stormwater Report predict acceptability. Apreliminary hydrograph analyses is required for those areas.5) The post-development area of Sub-basin 1 must match the pre-development area,and detention must be provided at the outlet. Storage volume in the aggregatevoid space of a proposed BMP (the pervious pavement) is not allowed. Off-siteOctober 25, 2012

detention for this sub-basin will be necessary unless the site layout is revisedaccordingly to accommodate the required detention.186) All areas used for offsite detention, whether permanent or temporary, must beincluded in the current land use application, and applicant must show that theyhave landowner permissions for such use. Whether or not they are intended fortemporary application, they shall be built for permanent durability.7) The off-site detention area shown for extended wet detention on basin 2 appearsto be well-located to act as regional detention for this and the other undevelopedarea, but the long rectangular aspect to Parallel may be unsightly. Applicantshould make the basin more compact and aesthetic. See Urban Planningcomments for more details.8) Currently, the site is likely too small to contain all of their on-site drainage that isrequired for this development. The applicant has submitted a letter from anadjacent property owner giving them permission to use their property for off-sitedrainage. Item H added by Planning.G) Various design criteria from the MARC BMP manual for the proposed stormwaterquality mitigation package (including but not limited to the criteria listed below)seemingly have not been considered and/or are not shown on the plans. Many of thesecriteria may adversely impact the amount of area/space required for the proposed BMPsand/or their value ratings. All areas used for offsite stormwater treatment facilities mustbe included in the current land use application and applicant must show that they havelandowner permissions for such use.2. Items that are conditions of approval (stipulations):a) The County Surveyor makes separate technical review of final plat and submitscomments directly to the preparer of the plat.b) Final plat requires construction drawing review. Because alignment and easementrequirements of roads and sewers may affect the final plat, Engineering Division will notOctober 25, 2012

ecommend approval of the final plat until the construction drawings for publicinfrastructure are approved.19c) ADA ramps shall meet the criteria of the “Proposed Accessibility Guidelines forPedestrian Facilities in the Public Right-of-Way” dated July 26, 2011. The UG hasadopted these criteria for the design of ADA ramps. Each ramp must be designedspecifically for each project. There is no standard detail that will fit all scenarios. A/Equestions shall be directed to Troy Shaw, PE at 573-5411 for assistance.d) Sanitary sewer main on site shall be a “Public Sanitary Sewer.”e) Sanitary sewer main extension design shall require a sanitary sewer design memorandummeeting UG Guidelines.f) Storm water detention and stormwater treatment is required by ordinance.g) Water main into site shall meet all BPU requirements.h) There is still a discrepancy between easement information the applicant has and the plansfor 110th Street. Please contact Bill Heatherman, County Engineer, directly with a copyof title report and summary of other research done so that we can resolve the issue. Pleasealso contact BPU directly to determine what their records show.Applicant response: There is no evidence of an existing easement over the BPU undergroundelectrical line. Efforts are currently underway to have the line potholed to determine the exactlocation and depth of the line (coordinated with BPU). Any relocation or easement requirementswill be finalized during the Final Development Plan process.Staff Response: This is not resolved and must be prior to final plan approval.i) Temporary swales are shown off property. All such swales must be subject to a privateeasement giving the developer the right and obligation to establish and maintain stablevegetation on these swales for as long as they are in use. The agreement shall require thatany erosion or gully formation be dealt with promptly and shall establish a clear singlepoint of contact to address concerns.October 25, 2012

20j) Detention basins must have emergency overflow spillways and engineered downstreamconveyance.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents:a) An existing curb inlet is shown in the curb return of Delaware Parkway at theintersection with N. 110th St. and must be relocated.b) Please note that the proposed storm drainage system (storm sewer system, detention basinemergency overflow, etc.) must meet the UG’s freeboard requirements. The minimumrequired freeboard between the 100-year flood hydraulic grade line and the lowestelevation at which water may enter the building is 1.5 feet where flood water is on apaved surface. One foot of freeboard is otherwise required if flood water is not on apaved surface.c) This is confirmation that the revised limits and typical section of Delaware Parkway asshown are acceptable.d) Public Works would have liked to see the curvilinear nature of the 8’ concrete sidewalksremain on Delaware, even if that meant having a portion off right-of-way in a sidewalkeasement. We also endorse the use of curvilinear 10’ concrete sidewalk within the 110thStreet section as part of the street appeal and landscaping – see Urban Planning and LandUse Comments.e) As noted previously, location and placement of native vegetation must be approved byPlanning. Applicant will be responsible for reworking the BMP calculations if theirpreferred species are not approved.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Change of Zone #3042, subject to the stipulations. Roll call wasOctober 25, 2012

taken and there were seven “Ayes,” Cooley, Ellison, Holland, McKiernan,Murguia, Kane, Markley. Commissioner Barnes abstained.21SPECIAL USE PERMIT APPLICATIONSITEM NO. 1 – 110190…SPECIAL USE PERMIT #SP-2012-37 – ANGEL DOMINGUEZSYNOPSIS: Renewal of a special use permit (#SP-2011-37) for a drinking establishment at2418 Park Drive. Under code a drinking establishment is defined as an establishment that willsell more liquor than food. The applicant does not plan on serving any food. The PlanningCommission voted 8 to 0 to recommend approval of Special Use Permit Application #SP-2012-37, subject to:Urban Planning and Land Use CommentsBelow are the stipulations from the past approval and the applicant’s responses. We are askingthe applicant to readdress these issues and give us a written update of how they are complyingwith them.Noise:We plan to avoid any disturbing noise to the neighbors/neighborhood by not allowing discjockeys or bands to perform on the property. We will also keep all exterior doors closed at alltimes. We do believe this will eliminate most disturbing noise that could possibly come from theestablishment.Trash:The steps that will be implemented from day one will include at closing time any person who isworking at the establishment that evening, including but not limited to, owner, security officers,and bartenders will all take a walk around the outside perimeter of property to make sure any andall litter has been cleaned up. Also, owner or any person employed at the establishment whoopens will prior to opening business for that day take a second look around the outside and cleanany and all missed litter within 200' of establishment that could have possibly came fromestablishment or someone who might have attended the establishment the prior business day.Security:Champs Sports Club will implement the use of an off-duty police officer on the weekends and/orany type of big sporting event that might attract more than normal attendees. We also willimplement a security officer on the weekdays. We do not intend or will put up with anyimmature or foolish behavior and at any point of time. If we see any type of this behavior it willbe eliminated and asked not to be brought back into the facility.October 25, 2012

22Public Work Comments:1. Items that require plan revision or additional documentation before engineering canrecommend approval: None.2. Items that are conditions of approval (stipulations): None.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: None.Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-37 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley.ITEM NO. 2 – 120274…SPECIAL USE PERMIT #SP-2012-38 – PEARL A. KINGSYNOPSIS: Special use permit for live entertainment at 1314 Quindaro Boulevard. Theapplicant wants to have entertainment four nights a week, catering, and alcohol on the premise ofan existing restaurant/banquet hall (Neferriti Restaurant and Banquet Hall). The entertainmentproposed by the applicant will be a mixture of theater, comedy club and variety show. ThePlanning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-38, subject to:Urban Planning and Land Use Comments1. On behalf of the applicant, the representative, Pearl King has stated that the restaurant isopen from Sunday through Friday, 3:00 p.m. to 9:00 p.m.On nights when entertainment is scheduled, the hours of operation will be 3:00 p.m. to11:00 p.m., with food and alcohol ending one hour prior to closing. Entertainment will bescheduled up to four nights a week, Sunday, Monday, Wednesday and Friday. Initially,the applicant plans to feature entertainment one night a week until business becomesestablished. Saturday will be kept exclusively for banquet hall rental and the restaurantwould be closed to the public. Catering services will be available to those customersrenting the banquet hall.October 25, 2012

233. The parking spaces depicted on the site plan do not meet the parking stall regulations.The dimension of a parking stall is 9’ x 18’, not 8’ x 18’ as shown on the site plan. Theparking lot is short about 10 spaces. Please revise the site plan using the correctdimensions.Staff Response: The representative revised the site plan.3. The parking agreement between Nefertiti and Antioch Baptist Church needs to besubmitted to staff.Staff Response: Previous parking calculations indicated the need for 75 parking spaces.The applicant has the following parking agreements and on-site parking totaling 84 spaces:• Family Dollar – 12 spaces• Don’s Sewing – 6 spaces• Bread of Life Outreach (2510 Nebraska Avenue) – 13 spaces• On-Site – 53 spaces4. The parking lot needs to be restriped prior to the activity commencing.5. How is security being handled?Staff Response: The applicant, Mr. Walters, stated that he will hire two off-duty KCK policeofficers, one inside and one outside. Additional officers will be utilized when large attendancewarrants such. At this current moment, a security agreement/contact has not been entered into.Staff stipulates that before the applicant can have any events on the premise, two off-duty policeofficers are hired for on-site security. Their names and a copy of the agreement must besubmitted to staff.Public Works CommentsNo comments.The representative, Pearl King, has received a warranty deed from the owners of Nefertiti topurchase the west portion of the Antioch Baptist Church at 1318 Quindaro. The document hasOctober 25, 2012

een filed and recorded, thus, there is now enough parking, with the parking agreements for theestablishment to have live entertainment.24Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-38, for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnesabstained.ITEM NO. 3 – 120275...SPECIAL USE PERMIT #SP-2012-41 – DALLAS WOLFE WITHBIG D’S ON THE HILLSYNOPSIS: Renewal of a special use permit (#SP-2010-44) for live entertainment at 2139South 34th Street. The Planning Commission voted 8 to 0 to recommend approval of SpecialUse Permit Application #SP-2012-41, subject to:Urban Planning and Land Use Comments1. All live entertainment shall be enclosed within the building. Doors shall remain closed atall times.2. Is the DJ still providing music, and if so, how often and at what time?Applicant Response: Entertainment is on Friday and Saturday from 9:00 PM to 1:00AM.3. What are your current hours of operation?Applicant Response: We operate Big D’s on the Hill from 10:00 AM to 2:00 AM, sevendays a week.4. Sine you have been in operation for three years, how many customers have you averagedon Friday and Saturday nights?Staff Response: The applicant did not respond to this question.Public Works CommentsNo comments.October 25, 2012

25This is the second renewal for the special use permit. Staff has not received any phone calls orletters opposing this petition. Staff supports this petition, keeping in mind that if there are anyissues, alcohol related or not, the permit may be brought back before the Unified GovernmentBoard of Commissioners for revocation.Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-41 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnesabstained.ITEM NO. 4 – 120276...SPECIAL USE PERMIT #SP-2012-42– FAIRFAX INDUSTRIALASSOCIATION, INC.SYNOPSIS: Special Use Permit for a banner program in Fairfax at 3250 Brinkerhoff Road.The applicant is proposing to hang between 24 – 30 colorful banners throughout the FairfaxIndustrial District. The banners are for promotional and aesthetic purposes. They will bedisplayed and subsequently replaced every two years to maintain an optimal appearance. ThePlanning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-42, subject to:Urban Planning and Land Use Comments1. Subject to approval, the special use permit will be valid for two years.2. Is there a membership fee?Applicant Response: Yes, there is a fee for membership in the Fairfax Industrial Association(FIA). FIA is leading the banner effort. Depending on the size of the company, fees range from$100 to $775. Membership is good for 12 months. Membership fees are set by the FIA Board inNovember or December of each year for the coming year.3. How much does each banner cost? Is there a maximum each business may have?Applicant Response: Businesses can support the association and not have their business logoincluded on the banner for $250. To include a business logo on the banner, it costs $375. PricesOctober 25, 2012

were set by a vote of the FIA Board at our September meeting. Anyone can attend our boardmeetings.26At the September 2012 FIA Board meeting, the Board voted to restrict businesses to one bannerinitially. Additional banners may be purchased by the same business once it is determined thatsufficient time has been allowed for businesses to purchase a banner. We are considering a threeor four week window for the initial offering.To make the banner program viable long term, the Fairfax Industrial Association (FIA) proposesto sell space on banners for corporate logos. This will make the program viable for the long term.The issue is that the banners are technically off-site advertising, thus the need for a special usepermit. The program should be administered according to the following rules proposed by FIA:1. Be a member in good standing with the Fairfax Industrial Association, Inc.2. Must have a print-ready logo.3. Must fill out an application.4. FIA Board members will receive first choice on locations; then, locations are on a firstcome, first serve basis.5. Sponsoring businesses will receive banner at the end of the two-year cycle.Public Works CommentsNo commentsAction:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-42 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnes abstained.ITEM NO. 5 – 120277…SPECIAL USE PERMIT #SP-2012-49 – DOUG LARSON FORWEST BOTTOM STEAKS AND CHOPS LLCSYNOPSIS: Renewal of a special use permit (#SP-2010-21) for a drinkingestablishment/restaurant (50%) food with live entertainment at 16 North James Street. TheOctober 25, 2012

27Planning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-49, subject to:Urban Planning and Land Use Comments:1. Please describe how on and off-site outdoor clean-up will be addressed.Applicant Response: There are intensive policing duties by personnel to insure that theentire area is cleaned up daily as needed.Staff Response: After every event, personnel shall patrol the property and pick up anytrash and/or debris to keep the area clean.2. Please describe security, both on and off-site and how your security plan complies withall relevant city codes. The description should also describe how large crowds leaving atone time will be addressed both in terms of crowd and traffic control.Applicant Response: Both on and off-site security personnel will be in accordance withthe Unified Government ordinances on live entertainment; however, it is anticipated thatadditional security will be involved as needed. The issue of how to control large crowdshas not been a factor for several years. Nevertheless, the success of West Bottom Steakand Chops LLC will rely on professional crowd control if the business is lucky enough tohave any type of crowd. There would be (six) obviously be security and crowd controlpersonnel, in that event, on both the inside and outside of the building near the streets orparking lots to ensure patron and traffic safety.Staff Response: The only reason crowds have not been an issue is that the facility hasbeen closed. The applicant must describe and present a plan for Staff approval prior to theSUP becoming effective.3. As part of the Development Review Committee (DRC) submittal for the interior remodeland addition, two items have not been addressed:a. Planning will not release for a building permit until Lot C has obtained a buildingpermit for the parking that was constructed without a permit.b. Please provide copies of the filed and recorded parking agreements.October 25, 2012

284. Further, please provide current parking agreements and evidence that are still in place. Ifthe parking behind the business is to be used, a building permit for that lot must beobtained prior to staff support of this application. If at any time the terms related to theapproval of the shared parking agreement are violated or if some of that parking is notavailable, the special use permit shall cease and operation of the facility shall cease untila new shared parking agreement is approved.Staff Response:A building permit has not been obtained. Staff has received parkingagreements for 16 North James Street with the following properties:• 41 Lyon Avenue• 26 North James Street• 72 Central Avenue• 73 Central Avenue5. Although a renewal, it should be reiterated that this application is for the building at 16North James Street and includes only the first and second floors of the stated address. Thethird floor (the half story above the second floor) is to remain blocked and unused at alltimes as there is insufficient parking for the additional floor area. Further, the third floorhas not been inspected for use by Fire or Building Inspection. This permit does notinclude 12 North James Street.Applicant Response: The third floor will remain blocked and unused at all times.Staff Response: The applicant must describe how this will be answered. Previouscommitments were hollow and ignored. The previous operator ignored this requirementand it lead to a criminal conviction. Applicant must present plan for third partyverification of the door to the third floor remaining closed.Public Works CommentsNo comments.October 25, 2012

29Staff has received notarized copies of parking agreements, as stated above. Staff stipulates thatbefore any continued use of live entertainment occurs, the following must be submitted toPlanning staff:A copy of the building permit for the parking lot that was built without building permits, Lot C.Rob Richardson, Director of Urban Planning & Land Use, stated staff asked that this be setasideto add a stipulation that would require the applicant to provide evidence to staff that theformer proprietor of this establishment and landowner is no longer involved in this due to certainactivities that went on there previously. With that additional stipulation, if it would be yourpleasure, we would support the case being approved this evening.John Ivan, Attorney, appeared stating I represent Mr. Boulware who is also a petitioner. Weagree with this stipulation. The former owner is not involved with this and Polsinelli & Shugartoriginally applied for this and behalf of the people who are going to close on the building andland and the whole business and everything. I understand that Rob is concerned and I certainlyagree with the stipulation and we’ll provide all the necessary information and evidence. Whathappened was the building and land got foreclosed after I was here last time in October 2010 soit’s never been opened. We are trying to get it up to the point that this closing and sale can takeplace and it’s a substantial sale.Mayor Pro-Tem Mendez opened the public hearing.No one appeared in support of #SP-20120-49.No one appeared in opposition to #SP-2012-49.Mayor Pro-Tem Mendez closed the public hearing.Action:Commissioner Kane made a motion, seconded by Commissioner Ellison, toapprove Special Use Permit #SP-2012-49 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,October 25, 2012

Holland, Mendez, McKiernan, Murguia, Kane, Markley. (Commissioner Barnescall had been dropped and was not available to vote.)30MASTER PLAN AMENDMENTSITEM NO. 1 – 120272…MASTER PLAN AMENDMENT #MP-2012-6 – TYLER OLIVERWITH HODG I, LLCSYNOPSIS: Master Plan Amendment from Business Park to Community Commercial at 4505Metropolitan Avenue.Action: This was heard with Change of Zone #3037.ITEM NO. 2 – 120273...MASTER PLAN AMENDMENT #MP-2012-10– NATHANIELHAGEDORN WITH NORTHPOINT DEVELOPMENT LLCSYNOPSIS: Master Plan Amendment from Planned Mixed Business Park/Commercial (PrairieDelaware Piper Master Plan) to High Density Residential (City Wide Master Plan) at 11501Parallel Parkway.Action: This item was heard with Change of Zone Petition #3042.PLANNING AND ZONING NON-CONSENT AGENDASPECIAL USE PERMIT APPLICATIONITEM NO. 1 – 110060…SPECIAL USE PERMIT #SP-2011-14 – DENNIS HARRIS FORWYANDOTTE COUNTY FAIR ASSOCIATIONSYNOPSIS: Rehearing of a special use permit for the Wyandotte County Fairgrounds at 5701North 139th Street. The County Fair Foundation is replacing the Wyandotte County Fairground.The four phase project will include an exhibit hall in phase one, a trap range, pavilion and warmupfacilities in phase two, phase three will include a historic village, sidewalks and shelters, andPhase 4 will include a RV campground and a multi-purpose arena. The Planning Commissionvoted 5 to 4 to recommend approval of Special Use Permit Application #SP-2011-14, subject to:1. Limit of ten events per year.October 25, 2012

2. Five trap stations are approved. If they want more trap stations, they will have to comeback before the Board of Commissioners.3. Rifle caliber should be what is commonly used for deer hunting and the black powderwill be 50 caliber or less.4. Fair will police the entry road and Polfer Road after each event for trash.5. Pistol and rifle will be by appointment only.6. Shooting will end by 9:00 p.m.7. Shooting range will be open three days a week except for the events outlined in theirpresentation.8. Mud runs will be completed by 9:00 p.m.9. The stipulations from the first hearing are including in this approval:Urban Planning & Land Use Comments1. The Kansas Department of Transportation has indicated they will not issue a permit foraccess to K-7 as indicated on the plans.2. Please explain the following:a. Impact of sound on adjacent neighborsb. Fall zone of shotc. Hours of operationd. Additional landscape measures taken to soften impacts3. Many aspects of this application do not meet the Overlay Zone criteria. Staff isprocessing the request with the assumption that the applicant is requesting the necessaryexceptions to the Overlay Zone that may be granted by the City Planning Commission. Itis possible that the campground area will need actual variances to setbacks that must beheard by the Board of Zoning Appeals.4. Please provide a row of trees along the right-of-way (west entry road) off Polfer Road toscreen/buffer the existing home.5. Staff assumes the architecture and buildings will be of a similar quality to the recentlyconstructed Water One facility toured by staff and fair representatives. It appears as ifonly the entry areas of the exhibit hall will have a masonry wainscot. Is it possible to addmasonry elements to the north and east facades? Will the entry area and the exhibit hallreally be different colors? The colored renderings likely do not do the colors justice.October 25, 201231

32Please explain. Additionally, any buildings, structures, or activity areas that are not fullydetailed in this plan will need to go back before the City Planning Commission as a FinalPlan Review.Update: Following the response from the applicant, staff has the following comments:a. The fieldstone cap trim of the exhibit hall should be changed to charcoal grey.Architecturally, the fieldstone color may appear to be a ring of rock around thetop of a metal buildingb. A wainscot of stone should be used on the exhibit hall and multipurpose arena.c. The metal buildings are a significant variance to the Overlay Zone. The previousapproval of the Water One facility included stone wainscot and accents in lieu ofrequiring the building to meet the Overlay Zone standards. The same standardshould be applied here.6. Lighting may not exceed one foot candle at the property line. Typically, cut-off lightfixtures are required to reduce glare onto adjacent properties.7. Please explain the meaning of agriculture industry on the site plan. It would appear thatparticular area would need a separate application. What impact will KDOT’s denial ofaccess have on this area?Update: This portion of the facility must be further defined by an amendment to thisspecial use permit at such time as the applicant can give greater details as to the natureand impacts of the facility.8. Please explain the following concerning the campground:a. Portions of the campground have very little setback. Please explain the actualpaving and building setbacks.b. Please explain the typical campground pad site as far as pad material andamenities at each site.Update: The applicant did not address setback issues. The RV area and related facilitiesshould be setback at least to the southern edge on the double row of trees shown on thelandscape plan. In any case, the setback shall not be less than 50 feet. The underlyingzoning setback for this type of use would be 100 feet.9. Paving with the exception of the exhibit hall parking will be asphalt millings with a geogrid.The exhibit hall lot will be paved asphalt. The entry road in public right-of-wayshould be built to public standards or vacate the right-of-way. In any case, if millings areOctober 25, 2012

33approved by the County Engineer, at a minimum, the first 200’ of any entry drive shouldbe completely paved. Additionally, any drive used for daily access should be paved percity code. In the future, parking to accommodate non-fair arena events must be paved.Update: The staff understands the applicant’s concern. Unfortunately, with no timetablefor construction of the final configuration, the daily use entry road will need to be paved.All drives within public right-of-way must be constructed to city standards per code.10. Sanitary sewer is provided to a tank. It is assumed that the UG will pump the tank asnecessary.11. The northern property line of the campground area should be intensely landscaped.12. Please explain woodland sports.13. Cross country courses are typically much larger than the area marked on the site plan.14. We assume the Park Board will maintain the areas labeled community pocket park.Update: The operation of the park areas must be operated by the Fair Board or have anarrangement with the Parks Department.15. Is the sign LED or changeable letters? If it is LED, additional applications are necessary.Staff is concerned that the letters of the changeable message area will be too small to beread from K-7. The letters appear to be about 4 inches tall.16. The trap shooting area should be a limited operation of five permanent stations. Afterone year from the date of the first trap event, public sentiment will be evaluated by staff.Provided that the noise impact is minimal, the remainder of the stations would beallowed. If it appears to be controversial, the issue will be forwarded to the Board ofCommissioners for final determination.17. Any temporary road must be dust-free including any current graveled surfaces.Public Works Comments1. Items that require plan revision or additional documentation before Engineering canrecommend approval:a. Proposed entrance along K-7 will require KDOT approval.b. Road construction proposed occurs on adjacent property.c. Stormwater treatment is required per UG ordinance, including “hotspots” (animalwaste storage and trailer waste dump area).d. Co-application needed for improvements on Wyandotte County land.October 25, 2012

342. Items that are conditions of approval (stipulations): holding tank proposed for sanitarysewage requires approval by County Health Department.3. Comments that are not critical to Engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: none.In a letter dated March 2, 2011, from Philip D. Gibbs, Jr., Vice-President, ContinentalConsulting Engineers, Inc., it states:In response to your questions contained within the Draft Staff Report, we have prepared thefollowing responses:Total Tract Size: 109 Acres+/- (IS THIS CORRECT OR DOES THE LEASED AREA NEEDTO BE ADDED?)Response: We are seeking a special use permit on both properties to account for use of themboth. Thus the total tract is 109.57 acres owned by County Fair Foundation plus the 44.72 acresto be leased from the Unified Government.Urban Planning and Land Use Comments1. The Kansas Department of Transportation has indicated they will not issue a permit foraccess to K-7 as indicated on the plans.Response: The Special Event Entry onto K-7 was shown with the intent to apply toKDOT prior to large events for a right-in/right-out access point. It is apparent from theletters received from KDOT and the City of Leavenworth that they oppose permitting ofthis Special Event Entry. We have revised our plan to eliminate this access point and thusthe property will utilize two access points from Polfer Road in the near future and accessfrom the K-7 Frontage Road in the distant future.2. Please explain the following:a. Impact of sound on adjacent neighborsOctober 25, 2012

35Response: Acoustical Design Group Inc. was hired to perform an analysis of theproposed shooting sports area of the fairgrounds site. Real-life sound measurementswere taken from a 12-gauge shotgun at differing distances and locations in relation to themuzzle. The measurements were then put into their sound calculations to estimate soundlevels at adjacent properties. The result was that at residences located over 1,350 feetsouth of the shooting sports area, the sound level of a shotgun would be approximately 59dB(A), which is less than the sound made by a car passing along Polfer Road and belowtypical residential noise ordinance limits. Ambient sound levels at Polfer Road weretaken by Acoustical Design Group Inc. with the average existing sound level being 66dB(A). The calculated 59 dB(A) did not figure into the calculation the noise reductionthat would be provided by the proposed arena building or other buildings on the site and,more importantly, it did not account for the 6-8 foot embankment behind the shootingstands that was purposely constructed to shield the sound.b. Fall zone of shotResponse: The industry standard for a safety zone that accounts for fall distance of targetload shotgun pellets with a safety factor included is a distance of 300 yards or 900 feet.Sources indicate that the majority of shot pellets actually land between 375 to 600 feetfrom the shooter. The shooting stations have been placed at least 900 feet from the Northproperty line. In addition, the multi-sport fields for Trap, Skeet and 5-Stand Shootinggames are proposed as the center 3 fields. This is to account for the varied angles thatthose games present and insures a safety zone distance of 900 feet is available forshooting in any angle.c. Hours of operationResponse: The most likely competing shotgun sports facility is Powder Creek ShootingPark located in Lenexa, Kansas. They are currently operating under winter hours of 10a.m. to 5 p.m. When the weather warms, Powder Creek has in past years opened at 9-10a.m. and had at least 3 evenings per week that they offer shooting until 9-10 p.m. underlighted fields, those being the evenings of Tuesday, Thursday and Friday. It will beimportant that this facility operate regular, convenient hours for local shooters in order togenerate revenue to keep the facilities competitive and successful.d. Additional landscape measures taken to soften impacts.Response: As mentioned above, a 6-8 foot embankment was graded directly behindthe shooting sports area to improve the sound attenuation of the project for residents toOctober 25, 2012

36the South. As requested at the first neighborhood meeting, mass grading of the propertyincluded construction of a berm along the fairgrounds southern property edge mainly forvisual attenuation, but is likely to have some sound attenuation. Trees are being proposedalong the northern property boundary and a large mass of existing trees will remain alongthe western side of the shooting sports area.3. Many aspects of this application do not meet the Overlay Zone criteria. Staff isprocessing the request with the assumption that the applicant is requesting the necessaryexceptions to the Overlay Zone that may be granted by the City Planning Commission. Itis possible that the campground area will need actual variances to setbacks that must beheard by the Board of Zoning Appeals.October 25, 2012

37Response: We welcome your input and yes, we are requesting the necessary exceptions tothe Overlay Zone so that the Fairgrounds will have a more rural and less formalappearance. The guest experience we wish to portray is more of features found on acountry farm rather than what customer’s expect in commercial development and thusrequest the appropriate exceptions to fulfill the vision.4. Please provide a row of trees along the right-of-way (west entry road) off Polfer Road toscreen/buffer the existing home.Response: We have revised the plans to include planting of trees on both sides of theWest Entry Road.5. Staff assumes the architecture and buildings will be of a similar quality to the recentlyconstructed Water One facility toured by staff and fair representatives. It appears as ifonly the entry areas of the exhibit hall will have a masonry wainscot. Is it possible to addmasonry elements to the north and east facades? Will the entry area and the exhibit hallreally be different colors? The colored renderings likely do not do the colors justice.Please explain. Additionally, any buildings, structures, or activity areas that are not fullydetailed in this plan will need to go back before the City Planning Commission as a FinalPlan Review.Response: The intention of the Fair Foundation is to provide a similar look and quality tothe WaterOne facility that is within the budget of the Foundation. In order to develop anarchitectural standard for the whole project, a good deal of discussion on the color anddesign of the buildings continued after the initial architectural submission was made. Thecolor of all the proposed facilities on the property has been decided to be in the CherokeeRed WALLS, Charcoal Gray ROOF, with accents of Field Stone and Polar White. Abetter representation of the actual colors can be viewed on Chief Building’s website atwww.chiefbuildings.com/design/ColorsAndFinishes.htm. The proposed masonrywainscot on the entry portion of the Exposition Building will closely match the colorpalette of Field Stone. Due to budget limitations, the masonry wainscot will be placedonly on the entry area of the Exposition Building along with masonry wrapped columnsat the entryway. A strip in the color Field Stone along the top of the Exposition Buildinghas been added to bring down the apparent height of the building and tie the accent colorstogether. New building renderings have been prepared and are included in thisresubmittal representing the implementation of the project’s architectural standards toeach facility. These include the Exposition Building, three Livestock Pavilions,October 25, 2012

38Warehouse/Maintenance Building and the Multi-purpose Arena Building. The futureArena Building is a long-term item that will take significant fundraising to achieve;however, the architectural design of it will be consistent and complimentary with thefacilities submitted in this Special Use Permit application.ROOF/RIDGECHARCOAL GRAYCORNERTRIMPOLARWHITEWALLSCHEROKEE REDWAINSCOTFIELDSTONEGABLETRIMCHARCOAL GRAYEAVETRIMPOLARWHITEBASETRIMCHEROKEE REDDOORTRIMPOLARWHITE6. Lighting may not exceed one foot candle at the property line. Typically, cut-off lightfixtures are required to reduce glare onto adjacent properties.Response: The photometrics of the proposed site lighting is depicted on Sheet SL-1 of theoriginal submittal. This sheet includes the calculated foot-candle levels at the propertyline around the facility. We do not exceed one foot candle at any point on the propertyline of the SUP area. The only property line where one foot candle is exceeded is on theeast side of the platted right-of-way that we proposed to use for our west entry drive. Onthe resubmittal plans, these particular roadway lights have been flipped to the west sideof the right-of-way to keep the foot candle reading below one on the east right-of-way,which is nearest a residence. We will also review the design with BPU to determine ifthey have a house-side shield that can be placed on those fixtures, but are concerned thatit will be difficult to keep the entry lighted and not exceed the one foot candle on the westright-of-way. The team has approached BPU about the site lighting and the planscurrently show conventional BPU standard fixtures in the submittal including cutoffcobra head luminaries for roadway lighting and BPU standard floodlights for site arealighting. The shooting sports field lights are per design recommendations of the NationalSkeet Shooting Association. We have approached BPU about potentially using highefficiency LED fixtures for roadway and area lighting and that discussion is ongoing atthis time.7. Please explain the meaning of Agriculture Industry on the site plan. It would appear thatparticular area would need a separate application. What impact will KDOT’s denial ofaccess have on this area?October 25, 2012

39Response: The intention of the area labeled Agricultural Industry is reserved for aneducational/vocational operation that could be a program for 4-H students to learn aboutreal world experience in an agricultural related industry. One example would be a facilitythat provided area farmers a place to dispose of hay bales that had set too long and lostnutritional value for livestock. These hay bales would be purchased from the farmers andthen processed into pellets that could be sold to power plants to burn as an alternative tocoal. This operation could function adequately using access to a future frontage road toK-7 in lieu of direct access to K-7.8. Please explain the following concerning the campgrounda. Portions of the campground have very little setback. Please explain the actualpaving and building setbacks.b. Please explain the typical campground pad site as far as pad material andamenities at each site.Response: Details of the campground will follow those found in our research of othersuccessful parks and RV options in the area. The Kansas Speedway typically allots anarea 20’ wide x 45’ long for RV spaces that they rent during race weekends. TheSpeedway has a couple of different rental options for spaces, but the majority of theirsites are simply grass spaces that are marked with white chalk and are located in theinfield of the track, on the rim of the track and in their blue ox campground southeast ofthe proposed Hollywood Casino. Most spaces shown on the proposed Fairgroundscampground are a minimum of 30’ wide x 80’ long, which will allow RVs with pop-outson both sides to be easily accommodated along with green space between the spots.Initial operation of the proposed Fairgrounds campground will likely be no more than theSpeedway’s model of a grass campground operated during the fair event and during therace weekends. Long-term vision for the campground would suggest that upgradedspaces with utility hookups should be provided for at least a portion of the rental spots.RVers like at a minimum, well graded interior gravel roads. Asphalt at sites can beproblematic for RV park managers due to the weight of bigger rigs and the damageleveling legs can do. For that reason, it is not uncommon to find gravel parking pads withconcrete patios, which would be the ultimate goal for this park. The ultimate plan shownon the submission is to have a shower/laundry facility along with a waste dump stationOctober 25, 2012

40and a park manager building. The ultimate utilities to be offered would be water andelectric hook-ups along with the potential to offer Wi-Fi and Cable TV.9. Paving with the exception of the exhibit hall parking will be asphalt millings with a geogrid.The Exhibit Hall lot will be paved asphalt. The entry road in public right-of-wayshould be built to public standards or vacate the right-of-way. In any case, if millings areapproved by the County Engineer at a minimum the first 200’ of any entry drive shouldbe completely paved. Additionally, any drive used for daily access should be paved perCity Code. In the future, parking to accommodate non-fair arena events must be paved.Response: Acknowledged, the plans have been modified to add asphalt paving of thefirst 200’ of both entry drives which connect to Polfer Road. The west entry road willultimately be moved westward when it becomes a frontage road to K-7 and will beconstructed by others to a city standard.10. Sanitary sewer is provided to a tank. It is assumed that the UG will pump the tank asnecessary.Response: Acknowledged, the team had early discussions about the UG providing thepumping of wastewater from tanks.11. The northern property line of the campground area should be intensely landscaped.Response: Acknowledged, we have added proposed trees to the property line north of thefuture campground.12. (Nothing listed in Staff Report for number 12)13. Please explain woodland sports.Response: The intention for the term “woodland sports” includes activities such asarchery, air gun shooting, zip lines, challenge courses, fishing, mushroom hunting, birdwatching and nature watching.14. Cross-country courses are typically much larger than the area marked on the site plan.Response: We would anticipate that a cross country course would utilize most of theproperty in order to have adequate length for an event. The treed area would be the mostchallenging terrain and may have paths that double back on themselves to ascend anddescend the valley. The grass parking areas will also make up parts of the course.15. We assume the Park Board will maintain the areas labeled community pocket park.Response: We would like to have further discussions with the Unified Governmentadministration as to the actual operation of the community pocket park because the FairFoundation would like to be in control of the hours of operation, shelter rental, etc. WeOctober 25, 2012

41understand that the concept of a community pocket park would be well received and planto work on an agreement with the Unified Government that would address this comment.16. Is the sign LED or changeable letters? If it is LED, additional applications are necessary.Staff is concerned that the letters of the changeable message area will be too small to beread from K-7. The letters appear to be about 4 inches tall.Response: A LED sign is the eventual desire of the Fair Foundation in order topromote events going on at the Fair facilities. The size of the proposed sign was selectedin order to meet the zoning requirements, but we are in agreement that it appears to be toosmall for the distance away and speed of traffic on K-7. We would like to work with staffon this issue in order to ultimately construct a sign that would be both informational and aproperty marker for the site.Public Works CommentsItems that require plan revision or additional documentation before Engineering can recommendapproval:1. Proposed entrance along K-7 will require KDOT approval.Response: Acknowledged, the Special Event Entry onto K-7 was shown with the intent toapply to KDOT prior to large events for a right-in/right-out access point. It is apparentfrom the letters received from KDOT and the city of Leavenworth that they opposepermitting of this special event entry. We have revised our plan to eliminate this accesspoint and the property will utilize the access points to Polfer in the near future and accessfrom the K-7 Frontage Road in the distant future.2. Road construction proposed occurs on adjacent property.Response: The roadway labeled “Future” is the proposed K-7 frontage road that woulddevelop when the Polfer Road/K-7 intersection becomes a divided highway scenario witheven greater restricted access. The alignment of the site road was purposely placed toallow for development of this frontage road by others in the distant future withoutimpacting the usefulness of the proposed fairgrounds improvements.3. Stormwater Treatment is required per UG ordinance, including “hotspots” (animal wastestorage and trailer waste dump area).Response: It was the intent of the Wyandotte County Fair Board to expedite grading withknowledge of the October 1, 2010 deadline for projects to be excepted from the stormwater treatment ordinance per Section 8-630(d)(1). The Fair Board bid the project Sept.October 25, 2012

4221, 2010, and paid for the permit on Sept. 27, 2010, for the amount of $4,105. MilesExcavating was awarded the bid and experienced an extremely dry fall last year andcompleted the majority of the cuts and fills made for the mass grading quicker than wewere expecting. Miles Excavating continues to monitor the erosion controls and repairsthem as needed following rainfall events. They have also nearly completed the dormantseason seeding and mulching on the site. When vegetation on the site reaches 70% coverthis Spring, Miles Excavating will be filling the sediment traps and basins as a part oftheir contracted work. This operation will also be contingent on our proposed siteimprovements in Phase I of the fairgrounds and drainage swale work so that the propererosion and sediment controls are in place for each drainage area. We believe that ourproject meets the exception listed in the post construction stormwater treatment ordinancedue to the construction activity at the site. We do, however, plan to utilize vegetatedswales and leave the majority of the property either undisturbed with development and/oras large open lawn areas between the fairground facilities, which are in keeping with theintent of the current ordinance.4. Co-Application needed for improvements on Wyandotte County land.Response: It was our intention that the special use permit applies to both the FairFoundation property and the proposed UG property to the west.5. Items that are conditions of approval (stipulations): holding tank proposed for sanitarysewage requires approval by County Health Department.Response: Acknowledged.6. Comments that are not critical to Engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents:NoneCarol Godsil, Deputy UG Clerk, stated Mayor Pro-Tem before we hear from the applicant, Ibelieve the Legal Department has something to say and then I would like to say something afterher remarks.Delia York, Deputy Chief Legal Counsel, stated this application for a special use permit hasbeen before you once before in March 2011, if you recall. There were some proceduralnotifications problem that created the need for new notices and a new public hearing. Youshould be mindful tonight that you need to listen to all of the evidence presented during theOctober 25, 2012

43hearing including testimony and Planning staff’s recommendations in light of the golden factorsthat are listed in your staff report. Please make reasonable decisions therefrom. There was aprotest petition filed by nearby residents on September 20 and on September 27, a regularlyscheduled Commission meeting, this application was held over for further review of that protestpetition. It has been determined that protest petition is not valid. Accordingly, the optionsavailable to you this evening are as follows: 1) You can vote to send this item back to thePlanning Commission with a recommendation. There are six votes necessary. 2) You can holdover this item to the next Planning and Zoning full commission meeting. That also requires sixvotes. 3) You can approve this item as recommended by the Planning Commission. Thatrequires six votes. 4) You can change or amend the stipulations as recommended by thePlanning Commission. That would require eight votes. 5) You can override the PlanningCommission’s recommendation and deny the petition. That would also require eight votes.Ms. Godsil stated Mayor Pro-Tem for the record, the Clerks Office did receive communicationsexpressing concern about the shooting range. One was from Larry Meli at 5820 N. 131 st and theconcerned petitioners. The other was from Candace Wagner at 13135 Polfer Rd. Copies ofthese documents were distributed to the Commissioners this evening.Dennis Harris, 5926 N. 123 rd St., stated my office is now located at this location as of October1. I closed my office after 39 years of practicing law in Wyandotte County and moved it to myhome. I’m not retiring, I’m just relocating. As Delia mentioned, we were last here on a ConsentAgenda on March 31, 2011. Prior to that time in July 2010, we received a Special WarrantyDeed for the property at 13700 Polfer Rd. We came before you asking for a clearing andgrubbing permit to prepare the ground for development of the fairgrounds, which you granted.Once that was completed, we came back on March 31 and asked again for the special usepermits. We prepared for staff and the Commission sections that we needed to cover everypossible special use that we bypass the land for. This is the list that we presented and wasapproved for special use permits. It’s kind of a shotgun approach. We thought that zoning mighttake care of some of the uses that we would use the land for but we complied with the request ofthe Planning Department. Since that time, we have expended approximately $4.5M of CountyFair Foundation money in developing this piece of property. After the cleaning and grubbingwas done, we constructed three pavilion buildings. They’re depicted in the middle. Just southof the road, you’ll see three buildings that look the same. They are open-sided buildings that areOctober 25, 2012

44utilized for the 4-Hers as well as open class animal chores during the fair used for the springlivestock show and sale and for other livestock and other events and activity. Those are the firstthree buildings we constructed. We also did some temporary roads and covered them withmilled asphalt and you’ll see that also on the plan.Based on the special use permits we began to build a multiuse building. Ultimately itwill be used for a stall barn equine events as well as the 4-H horse project. We can put in up to100 stalls. We did an outside riding arena. In the Master Plan, it can be developed as anenclosed equine arena with outdoor practice arena. We built a maintenance building pursuant toplan as well as that building. We’ve had two successful fairs on the premises. We have put inour own water system from taping the 8 inch line on 7-Highway, the BPU, and maintain our ownwater system. It is a closed system. We weren’t allowed to connect back in so it’s flowingwater, but it’s our system that we have placed in place. We have electrical in place. We haveour own sewer system in place with a holding tank pumping capability and also a discharge tankfor campers or those type of vehicles that may use our fairgrounds at a later point and time.Ms. Godsil stated I’ve been advised by our Legal Department that in order for anyone at thepodium to speak and it’s over five minutes that a motion and second is in order to grant himtime.Action:Commissioner Kane made a motion, seconded by Commissioner Murguia, toextend the time. Roll call was taken and there were eight “Ayes,Cooley, Ellison, Holland, McKiernan, Murguia, Kane, Markley. CommissionerBarnes abstained.Mr. Harris stated I’ve prepared this as I have in the past thinking that I had fifteen minutes.Ms. Godsil stated you were granted more time. You can proceed.Mr. Harris stated we’ve also constructed sidewalks throughout the internal portion of thegrounds that are ADA compliance as well as around the buildings with handicap parking. Theparking lot that is depicted in the gray area just south and a little bit west of the three pavilions isto be designated and has been used as a handicap parking area during the fair and other activitieson the fairgrounds. We’ve also developed a berm system for a rifle or pistol range as far as theOctober 25, 2012

45shooting sports for the 4-H as well as we propose having it open to the public when it’scompleted.The first slide is looking from the road north and the berms that you see there are over 20ft. in height. The base is over 20 ft. in depth and 4 ft. on the top or wider. Those berms aredesigned pursuant to or better than the NRA recommendations for back stock. The side bermsNRA says 8 ft. minimum. We’ve got 20 ft. on each side of the side berms. The back bermwhere the photograph is taken from is approximately 18 ft. and runs to 22 ft. as it goes up theslope to the west.This is taken from the opposite direction. This is looking south from down against theback stop and you can see the two side berms as well as the end berm for that.In the Planning Commission there was some talk and misunderstanding I think as to whatzero blue sky on a shooting facility especially an outdoor shooting facility. It basically has to dowith a baffling system that’s over each firing point and also all the way down the range so thatany position that the shooter is in position to shoot it would eliminate a scape of any rounds aswell as it’s a noise baffle for the shooting facility.That gives you a good example of what the baffling system so you understand, as thePlanning Commission I don’t think ever did, as what blue sky elimination in an outdoor pistoland rifle range. This is designed to be a 50 yard pistol range maximum primarily to be used bythe 4-H members for their shooting sports activity but also could be available by appointmentonly with a range manager in place for you and me to slide our rifles in before deer season, getready for the deer season or just to make sure the rifle is on. We have no place in WyandotteCounty to do that except out in your backyard or out in the pasture next to your neighbors wheresome of the landowners around there said they could use their land adjacent to the fair board toplik without being in a proper facility to shoot like the range we are designing.We’ve also done the preliminary work on the five trap skeet live stand and other uses ofthose trap skeet fields that were approved last time. We’ve blocked those to the north byberming against the road that runs east and west on the north edge of the property so that theshooting points are below ground level to the south by 10 ft. Also, that would be a assistance inthe sound barrier of the utilization of the trap and skeet fields. In addition, on the south propertyline where the main road comes in on 138 th St., I think it’s called, is we have bermed that areaapproximately 10 ft. up above grade the entire length of that property line with the exception ofwhere the road comes in to the fair property.October 25, 2012

46In the Planning Commission there were concerns expressed by adjacent landowners andothers that were present at that time that this type of development with the fairgrounds and theshooting facility would diminish the values or the development around that area. Bill Gibbs, Jr.,from Continental Consulting Engineers got on the internet and prepared the following exhibitsfor us. The first one is of the shooting facility that is the distance of a quarter and one-half milearound where the shooting facilities are located on our grounds. The second is a range at LakeLotowana as it appeared on the aerial maps of 1991. You can see where the center circle for theshooting facility is and that is the radious around it. Not a whole lot there in 1991.The next slide is the same area that is a current aerial map. You can see around that anumber of large houses, the lakes there, development, churches, there’s other things in that areaof the community. Obviously, that area in last 20 years plus has developed considerably. Therange is still there. It was there in 1991. It is still in operation today and the development andhouses are going on around it.The next slide is Powder Creek which if some of you shoot will remember that, a 7-10shooting facility out at approximately 87 th & 7 Highway or 10 and 7 Highway in JohnsonCounty. This is a 1991 picture of that. That shooting facility has been there since 1949. Youcan see that is was partially developed somewhat around it in 1991. To date, you can see there issubstantial development around it within the circles that appear on the map. There are churchesout there, there are schools out there, there are retail facilities and activity in and around thatshooting facility.The next slide is not in the metropolitan area but it’s another example of growth anddevelopment around and not being detoured by a shooting facility present in the area. This is inAugusta, KS. This is what the shooting facility looked like in 1991. The current, as you can seearound and adjacent to development, has continued to go on. We don’t believe that this activityon the fairgrounds is going to detour any development or have an adverse affect on land valuesas it hasn’t in the other shooting facilities.Another issue that was brought up last time we were here at Planning was lead. Smallarms, rifle pistol and shotguns use shells that have lead in them. The EPA and RA both havestandards for recycling lead from shooting facilities. Those standards will be met. They requireat regular intervals, and it really depends on the use of the facility with the period of time of thatinterval, that the lead be recycled which means there are companies and I’ve got advertisementsfrom all over the country that will come in for a percentage of the lead that they recover. Theyusually take 2/3% and the club gets 1/3%. They come in and pick up the earth and separate theOctober 25, 2012

47lead and the earth. They recycle the lead and place the earth in the ground, reseed it and take thelead away. They sell the lead for a good amount of money. The club gets some money also toutilize for the facility.I’ve also got a couple of photographs. Unfortunately, with my limited electroniccapability I was not able to get those transmitted to get them on the slide tonight but this is apicture of a local firing range and it consists of nine firing points underneath basically a polebarn with a metal roof over the top of it. It’s not baffled as we’re proposing and you can see inthe one picture some swipe spots on the roofing and you can determine what’s happened withoutthe baffling there. That’s why our plan is recommending and it will require a baffling system.Many of the people here tonight you’ll recognize, if you were here on September 20 of this year,they are part of our 4-H Shooting Sports. I’m pretty proud of these young men and young ladiesand I might add the young ladies are super shooters. Many programs are available now that wecan utilize on the fairgrounds in teaching these young ladies and letting them excel at shooting.It doesn’t require big muscles. It doesn’t require being fast. It’s part of being able to controlyour breathing, control your trigger squeeze. Little girls squeeze the trigger. They don’t jerk itlike boys. They do it naturally. Those little boys and girls were here on the 20 th . The Mayorrecognized them for their accomplishments in shooting sports both locally, statewide, regionallyand we’ve got some national champions that are in this group tonight that will talk to you.Bill Gibbs is here for any questions you may have with regard to elevations and differentthings that are utilized in the development of this ground to control noise and other aspects. Wealso have Russell Olson from Acoustical Design Group, Inc. that is also here to answer anyquestions with regard to that. We’ve spent a lot of time and a lot of money in preparation andwe’re doing it right with these grounds. We started a grant. We don’t have the money to put in ashooting facility at this time. That grant preparation is being done to the NRA, the NationalShooting Sports Foundation. There are a couple of others that I can’t remember off the top ofmy head that we are working to develop this. We’ve got some great kids in shooting sports.We’ve got some great kids in 4-H. I think it would be a travesty to these kids to deny them theopportunity to continue to develop their skills both in shooting and life skills. They are happy onthe Wyandotte County Fairgrounds. I’ll take any questions you have.Mayor Pro-Tem Mendez asked do you allocate a liability insurance in order to operate thepistol and rifle range. Mr. Harris sated we do. That is available. We do not now. We have notoperated a rifle and pistol range. That insurance is available. We have a $1M liability coverageOctober 25, 2012

48over the entire grounds at this point and time for all aspects of the shooting. We will havethrough the NRA Program for insuring facilities and ranges in place before the first shot is everfired on those grounds. It’s only been two to four shots fired on those grounds and that is whensound tests were being done. There have not been any events on that. There has been noshooting on those grounds by any member of 4-H or the Fair Association. Yes, we will haveinsurance in place. We will also have waivers available for every participant to sign prior to theirparticipation. We’ll have a range officer on the grounds at all times. We propose that the trapskeet facility, plays facility be open three days a week unless there is an event going on. Wepropose the rifle/pistol to be 4-H except for by appointment. We’ll arrange an officer on therange at all times it is operational.Mayor Pro-Tem Mendez opened the public hearing.The following appeared in support of:Mark Matteson, 2638 S. 28 th St., stated I’m here to speak on behalf of the Firefighters ReliefAssociation. Our reason for being here is we annually have a turkey shoot. The turkey shootthis year we had to drive to Smithville. We had to go to the Smithville range. Having a range inWyandotte County for us would be ideal. We had 200+ members make the drive this year. Ithink we can do a little better than that for our members if we had a local range. I’m just here onbehalf of the Relief Association to be in favor of this.Letha Paterson, 12825 Marxen Road, stated I’m married to my husband Ron Paterson of 20years, we have two kids. Caleb 18, and Lydia 16. I was born in Wyandotte County and havelived there most of my life. I am a certified 4-H state instructor in shooting sports and I teachothers in workshops across Kansas to become county coordinators in shooting sports. As youall know this past summer the Olympics finished up in London, England. There were 15shooting events for both men and women. United States won three gold and one bronze. Ourprogram in Wyandotte County has two coaches that are on the Olympic Development Team andthey also started in 4-H Shooting Sports. Earlier this month the Unified Government recognizedfive of our kids for their national achievements. Four out of the five kids had to travel to othercounties, other ranges to have them practice on. My question to you tonight is if we’re going torepresent Wyandotte County in this awesome way, then why don’t we have a range of our own?October 25, 2012

Tonight, all of you can make this possible in voting yes and giving us the opportunity to be ableto be in our own county to be able to do what we do best.49Susan Reynolds, 2949 S. 78 th St., stated I just want to tell you a little bit about our program andkind of the experiences I’ve had with it. I joined the program in 2002 as an eight year-old girlfollowing her older brothers footsteps. I’ve been a member of the program ever since and I juststarted my eleventh year this October. The first step in becoming a member of our program is totake a required gun safety class which every shooter must pass to remain in the program.Everyone begins shooting a Daisy Model 499 bb gun which is much different than the Daisy RedRider you see for sale at local stores. We shoot the model 499 because that’s the world’s mostaccurate bb gun and when you’re learning marksmanship shooting accuracy is essential. Overthe years I’ve learned to shoot many different kinds of guns including air rifle, air pistol, smallbore rifle, small bore pistol and shotgun as well as learning archery. I’ve learned many valuableskills over the past ten years and have been able to hone my shooting abilities to the point thatI’ve been able to earn many medals and awards and as well as having the honor of being selectedfor the 2011 Kansas State Small Bore Rifle Team and the 2012 Kansas State Small Bore PistolTeam for the 4-H National Match. In 2012, the match was held in San Antonio, TX where I hadthe pleasure of earning first place in the Small Bore Rifle Camp Perry Round which is a slowtimed and rapid fire competition. My overall score was a 594 out of a possible 600. The teamalso placed first in this competition as well fifth in silhouette and fourth in the overallcompetition. This past summer the 2012 4-H National Match was held in Grand Island, NE.Three members of the four person Kansas State Small Bore Pistol Team were from our programso I had the pleasure of shooting a national match with two of my long-time teammates andfriends. We are very pleased to place medals in each day of the competition as well as overall. Iplaced seventh in slow fire bullseye with the team placing first. I placed third in huntersilhouette with the team placing first. I placed eighth in the Camp Perry slow timed and rapidfire competition with the team placing fourth. Overall, I placed third and our team placed first.I’ve also had the pleasure of receiving four Mayoral proclamations from Mayor Joe Reardon formy accomplishments in shooting sports. You may be wondering why I’m sharing thisinformation with all of you. I assure you that while I’m proud of my accomplishments I’m nottrying to pat myself on the back or earn praise from anyone. The point I’m trying to make hereis that all of these accomplishments have been earned through hard work and continuouspractice. Much like playing a piano or participating in any other sport shooting requiresOctober 25, 2012

50continuous practice in order to maintain the skills required to shoot well. Over the past severalyears the Wyandotte County Shooting Sports program has been practicing anywhere but inWyandotte County. When the former fairgrounds was sold and Schlitterbahn took possession ofthe property in early August 2006 we lost our practice facilities even for bb, air rifle and airpistol. Wyandotte County currently has no suitable facilities for any type of small bore rifle orpistol or shotgun shooting. Because of this our program members who shoot any of these musttravel long distances to practice. The shortest distance I’ve had to travel to practice small bore isa 35 mile round trip from my home. Most often I’m required to travel 75 miles round trip inorder to practice. I’m fortunate because my parents are able and willing to invest the time andpay the expenses for all this driving to and from practice sometimes four or five times a weekwhen I’m preparing for a match. There are members of our program who are interested inshooting small bore but for reasons of time, travel distance and travel costs in addition to theexpenses associated with shooting small bore they are prevented from doing so. We need ashooting range in Wyandotte County for many reasons but from my perspective I’d love to havea place to practice and continue to improve my shooting skills in a location that doesn’t requiresuch lengthy travel time and distance, a place like the Wyandotte County Fairgrounds.Lydia Paterson, 12825 Marxen Road, stated I am not here to gloat about my accomplishmentsnor to persuade any of you to become gun enthusiasts. I am here, however, to represent myteam, my family, and a sport that I truly love. I have been a part of the Wyandotte CountyShooting Sports Program for the past eight years. Through the years I’ve learned countlessnumber of life and gun safety skills that I will carry with me for the rest of my life. Our programhas grown since I first started. The numbers have easily tripled and our success grows each yearas each one of us sets goals for our personal accomplishments. Shooting is a sport that isstereotypically thought of as dangerous and not suitable for small children. People think of gunsas weapons and are so narrow minded that they can’t possibly think of them as a good thing, thatis a word that is actually frowned upon in 4-H. We do not use them in that manner. We use ourguns in a way that is safe and that always follows our safety rules and regulations. It is a verysafe sport. In fact, ESPN.com agrees with us saying shooting is an Olympic sport in which theycompete. ESPN did not just say this statement out of the blue. There are many statements thatwill back this up. As a matter of fact, ping-pong has more annual injuries than shooting sports orhunting. This statistic may sound frivolous but it is entirely true. Ping-Pong has roughly 150more annual injuries than shooting or hunting. Other sports that have more annual injuriesOctober 25, 2012

51include basketball, volleyball, tennis, swimming, golf and bowling. Parents rarely think twiceabout denying their children the opportunity to play these common sports. They always seem tohave a tough time allowing them to get involved into a shooting sports program. Most parentsare ignorant when it comes to how safe shooting actually is and that is exactly what we are out tosolve. Our goal is not to teach only children but our community about gun safety and how it canbe beneficial. If this permit is passed it will give us the opportunity to fulfill these goals and helpour community become a safer place.Forest Tudor, 5840 N. 131 st St., stated I would like to begin by directing your attention to thelower left-hand side of the mural behind the counsel and to the galley you can see a two-story redbrick building. That building is known as the Grinter House. When I was a kid, thirteen yearsold,along with my older brother, we resided at 8001 Kansas Avenue in the Muncie, KS area. Iwould crawl in the Model A with him taking with us a 22 rifle. He had a shotgun that had beensawed off. He had a 30/40 Craig Rifle. We went from where we lived down to the GrinterHouse and we would park on the shoulder of the Kaw Drive at 78 th St. and walk across theUnion Pacific Railroad tracks and sit on the banks of the Kaw River and there I learned how toshoot. Though it was not illegal it was certainly filled full of ignorance. I was ignorant. Mybrother was ignorant. My dad was ignorant. Bless his heart, he has already gone to be with theLord, but he didn’t have time for his kids. He took no interest in his boys learning how to shootand shoot properly. He had served his time in World War II. He hated everything about havinga weapon but he found himself in law enforcement carrying a weapon. He spent no time with us.For a kid of thirteen years-old, the next six years I spent shooting off the banks of the Kaw River,hunting rabbits where the Legends is now located. I was a true resident of Wyandotte County,loved it. I had a choice to live anyplace in the world that I wanted to live but I chooseWyandotte County because I love it. It just so happens that it’s right next to the fairgrounds withmy neighbor being in-between. When I left for the military it was 56 years ago tonight, the 25 thof October, 1956 across the river at the Union Station I along with 22 other young men raisedour right hand and we swore that we would defend, most of the people here weren’t evenarmored then, some of you guys can relate to me, we swore that we would defend ourconstitution and the citizens of this United States. Years later whenever I married I took one ofthe speakers tonight that spoke to you along with her sister and her brother and once again wefound ourselves on the banks of the Kaw River at a place called Loring just west and south ofBonners Springs. There we had a revolver. I did my dead level best to teach them the properOctober 25, 2012

52way to use a weapon. I was one of those unkind fathers that would not permit my kids to have atoy gun. I once again, found myself firing last Saturday out in Leavenworth County at thebottom of a pond bank. I decided to exercise my right as a citizen to get the conceal and carrypermit, which I did, scoring 96 on the written test, scoring 100 on the firing test and I would likefor you people to approve these young people and their endeavor to learn and to exercise theirright as a citizen of this United States. Look them in the eye and tell them that you really believein them. I really believe in them and I love them and I appreciate them.Elaine Stroud, 7826 Stover Lane, stated as I was listening to everybody here there is oneperspective that hasn’t been talked about tonight and that’s a parent’s perspective. My daughteris no longer in shooting sports but she was. Because we didn’t have a place to practice exceptonce a week I have two living rooms and the kitchen in the middle and she figured out that shehad just enough space to shoot through the doors with her bb gun through both living rooms andmy kitchen. She never hit anything. I figured okay we’ll take her to some of these tournamentsthey speak of. We go out and we drive 3 ½ hours in western Kansas and I’m looking around andthere’s not even a Dairy Queen. I’m thinking there’s 200 people out here with nothing. Mybiggest entertainment one day was sneaking away and going to the cheese dairy and gettingsome cheese. Can you imagine Kansan’s, and I’m talking the whole state of 4-H when they dotheir state competitions and regional competitions where they’re drawing over 300 peopleshooting, let alone your talking family, brothers and sisters, their friends that come with them.Now you start talking about economic impact. If I could have stayed at a Great Wolfe Lodge, Iwould have been excited and gladly given my money and said here you go, go swim. I’dprobably be divorced because if I had my husband’s credit card at that time and got at theLegends and got to go shopping the impact would be phenomenal. I don’t think I’m an abnormalparent when it comes to that. I think that the impact of Wyandotte County is more than just theShooting Sports team. Its more than just the Fairgrounds. When I’m out at the Legends I seeuniforms of little girls running around that are doing tournaments out at Field of Dreams which isLeavenworth County but they come into the Legends. You have the impact of drawing frompeople who are doing the shooting sports, their families and when their done and they have tostay over for the night, this would be a destination. I shoot for one day and stay two days extraand go to the Great Wolfe Lodge and take in a soccer game or a T-bones game. I just can’t tellyou enough how much of a big deal that is to have this opportunity for all Kansan’s to be able tocome in and do this.October 25, 2012

53April Cordero, 1533 N. 85 th Ct., stated I actually had no intention of coming up here andspeaking today until something was mentioned and I somewhat similar to the last person have adifferent perspective. Growing up I was actually a pretty bright student but I never really hungaround with the right crowd. I didn’t get to do a lot of different things so when I had my son Imade it a point to make sure he would be involved in extracurricular activities so that when hegrew up he would not be involved in some of the activity that I had been. We touched upon apoint early from the Dollar General conversation about vandalism and some of the things arebeing sold to minors. My point is this, although my son is in boy scouts and part of that is howhe became to go which shooting sports is part of their program and requires bb’s he wanted toexpand upon it and I’m always allowing him to do extracurriculars. This year he decided to gointo the 4-H and his project has also been bb’s. As part of being such having theseextracurricular activities I am now being able to put him in a position where later in the future, inhigh school, I can say and I honestly believe my son will not be one of those people vandalizinghis own community. Therefore, I ask that you support having a range here so that he can keepthese extracurricular activities and so that this will not only benefit my son and 4-H but as wellas the best members of the community.Jerry Vess, 13 th & State, stated I do business at 13 th & State and I live in Platte City. One of thereasons I moved to Platte City is to have a shooting range. One thing I would like to say is whenI was a kid the thing that I remember most is going hunting with my father. When my childrenwere young, they still talk about the times they sit in the woods with me. I have three daughtersno boys. They say that’s the thing that they remember the most. I teach hunter safety atWyandotte County Lake and at Cabela’s. I have been for about 17 or 18 years with the PoliceDepartment. I volunteer my time. It takes a lot out of me but I think it’s the most importantthing we can do is to teach these kids proper handling of firearms and responsibility. A numberof years ago I had some young inner city kids that were renters children. The house that I hadrented had boys and I took them. They were inner city kids and they acted like inner city kids. Ialmost got kicked out of the hunter safety clinic because of their behavior. I chewed them outquite a bit and let them know what I thought but I still stayed with these boys. This young manthat really was a problem now is in the United States Army and I believe I brought him around, Ireally do. Campfires and firearms actually is not bad, it’s good for the young kids. I didn’t comeOctober 25, 2012

here tonight for this but I want you to pass this because I think it is the best thing. It keeps kidsaway from the computers and out of trouble.54The following appeared in opposition:Richard Wagner, 13135 Polfer Road, stated one of those letters that your clerk read was frommy wife. First of all I’d like them to scan back to that slide that showed the quarter mile and thehalf mile radius. I’d like all those people that are in support of this shooting range and live insidethat circle to please stand up. At the least meeting they all stood up because they were in supportof it. I’m sorry but Mayor Pro-Tem and Board Members, it’s easy to support something thatdoesn’t affect you negatively. Unfortunately, it was brought up earlier that there is no decreasein our property values. If you go on Google and you type in decrease property evaluation aroundshooting ranges, in less than half a second you will get 26,300,000 hits. Evidently the peoplethat are against it that live next to it and live around it believe as the 26 million articles do that ishas a negative impact. If you type in quality of life and the negatives that a shooting range hason your quality of life, you will find 69,900,000 hits in less than half a second. Once again,things they are not bringing up. If you go in there and type health effects, one of the biggesthealth effects, as Mr. Harris pointed out, is lead and that was one of the things we brought up.He has pointed out that they will do everything according to EPA and NRA. They believe it’s abig enough issue that they produced a 115 page document to discuss lead. Health affects, typethat in on Google, 78,900,000 hits in less than a half a second. My internet is not that fast there’sjust that many things out there.Property evaluation, just recently in June in east Texas, probably everybody considers theshooting capital of the world, the Appraiser just went in and devalued the houses around theshooting range by 30% because he felt the negative affect that the shooting range had on thehouses. We, as I stated in the last meeting are not against the 4-H having a shooting range andcertainly not against the ones who want to shoot bb guns or 22 rifle or even shotgun on theoccasions when they are going to do shotgun. What we’re against and what we’d like to see youvote no on is a shooting range open to the public. The thing is as was pointed out before you’retalking about a lot of shots. They’re talking that they’d like to have shooting competitions comein where they 300 people. Sounds great, great economic benefit. As you well know, all benefitscome with a drawback. The drawback would be for those people who have lived next to it andwho have enjoyed a quality of life that was quite and will no longer be that. For everyone just tosay there is no ill effects, no negatives, I think is a little bit one-sided and in my opinion a littleOctober 25, 2012

55bit blind to the true facts. Once again, no one stood up, I’m sure if they were right there andlived in that circle they would stand up. They don’t live in that circle. If you wanted to putsomething in south Kansas City in Belton and it would benefit me greatly, well guess what,there’s a chance that I might vote for it because I don’t live down there. I’m not going to seeeverything I worked hard for all, the labor that I put in, to earn what I have, to see it diminished.Earlier, Ms. Murguia, you mentioned that you did a $6M library in Argentine, fantastic, greatthing. If someone was to come in and say they were going to put a shooting range or somethingnext to it of a negative impact on that library you, of course, would not approve. I think if all ofyou will look within yourself and think about it honestly as one gentlemen said look at the kidsin the eye. Well look at yourself in the mirror and ask would you want this next to you. I don’tbelieve if were to answer that question honestly that you can say yes. If you do pass it, we wouldask that you do a one-year permit instead of the indefinite period that they’ve asked for becausewe have no recourse if it’s indefinite.Tom Standish, 13308 Polfer Rd., stated I have lived there for 19 years. I am not opposed to 4-H’s Shooting or youth training. I am opposed to public shooting for twelve hours a day at leastthree days a week. I think the noise will be a detriment to the neighborhood and to myenjoyment of my property. I ask that you vote against this because of that.Larry Meli, 5820 N. 131 st St., stated I thank the board for listening to us to give us theopportunity to voice our opinion. It was well stated by the other two individuals up herespeaking. I have been living at our property for 24 years. We moved out there for piece andquite. There was no development. Not saying we are against development of the fairgrounds,that was fine, but it seems to me the gentlemen first spoke very clearly about no skin in thegame, they do not live in this area. For anybody who tells me that a shotgun blast will not carry Ithink they might have been discussing this with the wrong person. I too, Mr. Tudor, have aconceal and carry. I do a lot of pheasant hunting, quail hunting and duck hunting. Shotsometimes two miles away will carry even when you are in a creek bed. We take an adamantposition about opening this up for the public, for tournaments, because I think this is going to bea profit-based operation if they open this up for the public. Again, I have no major problem with4-H shooting, 22s, bb guns, occasional shotguns during the week. From what we understandthey are going to open this to the public for shooting range and tournaments with lights. Wechecked it out with other shooting ranges and a five-station stand will produce over 40,000 shellsOctober 25, 2012

56for a weekend, expended, that’s a lot of noise. I don’t care how much they think they can baffleit. There’s people that either have cattle or horses, dogs in the house. It changes the quality ofour life. I asked earlier at the last meeting if there was an alternate site. I don’t think I really gotan accurate answer where the alternate sites were but I think they should be considered for atleast to open it up to the public. It sounds like now it’s become a money-making organization byopening this to the public. When that happens I feel we may have five to seven days a week ofopen shooting by appointment. I ask each one of the Commissioner’s to really think about this,what kind of impact that has on the people that has been there for twenty some years. I have todrive out of town to do what I want to do, Pheasant hunt, Quail hunt. I hate to see them going300 or 400 miles on a trip but it sounds like Smithville is not that far. I do applaud the 4-H andall their acculates that they’ve had. I really am adamantly opposed and I am the one who had thepetition signed. There was 18 we’re thinking out of 25 people adamantly opposed to thisshooting range. We never did get the accurate amount of people from the Planning Commissionthat were affected by this but we think we got more than 80% of the people adamantly opposedto this. We’ll leave it to you at that and we hope that you think about it clearly and vote againstthis.Richard Roe, Attorney, representing Bob and Carrie May, 4118 N. 109 th Terr., stated Mr.and Mrs. May own an 18 acre vacant tract with a street address of 5844 N. 131 st St. that bordersthe applicant property on the east. I want to first address the issue of the protest petition. I amfamiliar with the protest petition that was filed. What I am unfamiliar with is the exact basis fordenial of the petition. I asked for that and was given some communication. It appears to me thatit was based on a legal opinion probably deriving from Attorney General’s opinions. The statutethat governs protest petitions for zoning matters K.S.A. 12-757 requires only that a protestpetition be signed by the requisite number of protesters who own property within the protestzone. I believe that requirement was satisfied. In fact, it appears that the protest petition thatwas submitted far exceeds the 20% requirement of the statute. Mr. Meli suggested that maybe80% signed the petition and certainly over 50%. As I understand it, all of the owners of propertyadjacent on the east and north sides of the subject applicant property signed the protest petition.The apparent basis of the denial of the validity of the protest petition apparently has to do with atechnicality in the timing of the submission of the protest petition versus the sworn signature ofMr. Meli as the circulator of the petition. A technicality. Now decisions of this magnitudeshould not be decided on technicalities. People who are affected by those decisions deserveOctober 25, 2012

57better I would submit other than a technicality deciding their fate. The people who signed theprotest petition are the people most directly affected by this requested special use permit. Iwould submit that no one who signed the protest petition, no one who’s here tonight opposes the4-H program. What they are opposed to is the devaluation of their property by the imposition ofinappropriate land use in a rural-residential neighborhood. That is what was addressed at thePlanning Commission public hearing. That is what I would hope that you would focus on. Yourvote tonight to deny this application should not be construed as a vote against the 4-H program.It is an unfortunate circumstance that we are even here tonight as we are with a fairgroundshaving been established to the tune of $4M already without a proper permit. This was not thefault of the opponents. If we had this discussion when we should have before constructionstarted, perhaps we wouldn’t be in this situation where you are in the awkward position ofhaving to grant or deny an application when the project has already been built, everything exceptthe shooting range I want to make it clear that my clients don’t oppose any part of thefairgrounds application except the shooting range. The reason they oppose it is because of theconstant noise that will be generated by the facility three times a week at a minimum eightmonths out of the year that will devalue their property value, to a point that they do not intend tobuild their home that they had intended to build on their 18 acres if this goes through. The slidesthat show development I would say they don’t show very much development around these othershooting facilities, but if someone decides to move to a nuisance that’s their choice. In this case,the nuisance is being imposed on people who are already there. Their voices should be takeninto account. Given the choices that you have tonight I would ask that you deny this application.Carrie May, 4118 N. 109 th Terr., stated we are the property owners directly to the east of thisfacility. As stated by everybody else that is opposing this nobody opposes the 4-H using this.We all think that’s great. However, the people getting up and talking about it, I have two kids,they are grown 23 and 21. They were involved in every sport, football, basketball, baseball,dance, and gymnastics. We’ve traveled hours. We’ve spent every night going to practices. Wedrive three hours to games. We do everything. I commend these people for wanting to dopositive things for their kids, but we all have to make sacrifices and do those positive things.However, none of the things that we are doing are going to affect people’s livelihood, theirhome, their property value. I am asking that each of you take into consideration if this were inyour backyard would you want to hear this all day, every day or five days out of the week. Ihave animals that are scared of fireworks. I know before we went before the PlanningOctober 25, 2012

58Commission and voted on this we had a little meeting at the fairgrounds so Rob and them couldkind of explain to us everything that they were planning on doing and if there were any questionsthat we wanted to ask. I know that he said that he did grow up near a shooting range and hedidn’t mind it. I didn’t mind fireworks when I was a kid either and shooting them all day. Idon’t necessarily want to hear them all day now or all night. I know someone did ask a questionabout if any tests were done and if any noise decimal were done and he said he didn’t have anyreports that had those numbers on them. He did make the comment that Wyandotte Countydoesn’t have a noise ordinance per se. He does live downtown and sometimes he does wish wedid because it does get noisy. If he thinks that just downtown living gets a little noisy, I don’tthink he’d want to live right next to a shooting range. We might not have millions of dollarsinvested but we have thousands of dollars invested in our land. We had already talked to theBPU about paying out of our pocket to have a water main brought down. We had already startedplans to build a barn, build a new house, and we would be paying property taxes as we have paidfor all of our lives. My family had a ice cream parlor here. My father-in-law is pastor here. Wehave a big history in Wyandotte County. I am just asking you all to take into consideration ifthis were in your backyard, would you vote on it.Mayor Pro-Tem Mendez closed the public hearing.Commissioner Kane stated the protest is not valid, is that correct? I am asking Legal thatquestion. Ms. York stated that’s correct. I took a look at the protest petition. To be quite frank,the problem with the petition had to do with dates and how they corresponded to theacknowledgment and the verification that Mr. Meli signed. Mr. Roe and I live in a world oftechnicalities. You can’t verify signatures that weren’t gathered prior to your signature andthat’s the reason that I gave you the opinion that I did.Commissioner Kane asked Mr. Richardson does this meet all the restrictions that we have inWyandotte County? Mr. Richardson stated special use permits tend to develop their own set ofregulations but I don’t know any code that we have that this would violate.Commissioner Kane stated everything that you’ve talked about, everything that you’ve shownis the concept from the origination of what you guys wanted to do when you very first purchasedthe property. Is that correct? Mr. Harris stated that is correct. Commissioner Kane stated theOctober 25, 2012

59entire time the fair said that these are the things that we want to do, maybe not in the order thatyou want to do them maybe because of money and stuff like that. Mr. Harris stated in 2009 wehad EPA through populous prepare and we submitted that to staff in the past and this is ourMaster Plan and the economic impact of the facilities that we are trying to develop on thefairgrounds. Commissioner Kane stated just so everyone knows that we all take these decisionsup here very seriously and some points personally. This happens to be in the district in which Irepresent and I’m telling you we haven’t had to make an easy decision in this district in quitesome time. Each time we make one it’s a gut reaction because I don’t live out there by thefairgrounds but I’ve walked every single inch of that property since they purchased the property.I’ve been out there for the fair. I’ve been at places where they’ve had the baffles. I’ve been atevery single one of these places including Lake Lotawana because in 1991 that was the onlyplace you could go to shoot. The interesting part about it is I think you’ve covered just abouteverything you could have possible covered with the amount of money that you’ve spent, theADA requirements, the lead recycling. Multiple things have been in the planning of this processand none of those was taken lightly and a huge expense.Commissioner McKiernan stated I have a few questions and I’m not sure who here can answerthem for me. I don’t shoot so somebody tell me how well do these baffled facilities work interms of suppressing noise?Russell Olsen, Acoustical Design Group, 5799 Broadmoor, Mission, KS., stated we’veworked on several shooting ranges throughout the area and mostly indoor ones, some at militaryfacilities where they all have these baffles. The concept is that we can probably reduce the levelsby seven or eight DB with the implementation of baffles and on the back side of the steel bafflesthere is a glass fiber board, it helps to tenuate and absorb the sound. That’s the reason for it. Inan indoor environment it’s pretty critical. In an outdoor environment where the sound radiatesthroughout space, in a hemispherical space, it’s just a distance relationship at the noise reductionversus distance. The baffles do help but it’s not a significant difference. It’s mostly for safetyand control the bullets I believe.Commissioner McKiernan stated so although there is baffling present in terms of how much ittenuates sound that would travel out of the range, it does a moderate/fair job. Mr. Olsen statedyes. Commissioner McKiernan stated once again, I don’t shoot so forgive me if this is anOctober 25, 2012

60ignorant question but it seems to me that were kind of talking a couple of different things here. Itseems that there is target shooting which would be under this baffled enclosure but now tell meabout the trap station and shotguns. Based on my limited knowledge it would seem to me thatdoesn’t take place under a baffled enclosure, is that correct? Mr. Harris stated that is correct. Itis an open field. Commissioner McKiernan stated so only part of the shooting would takeplace under this baffled enclosure. Mr. Harris stated the rifle and pistol would be in thebaffling. The shotgun range faces to the north of the property. On a trap field there is a traphouse in the middle. There are five points to shoot from. Five shooters on those five points.They move back from 16 yards to 27 yards on those five points. They rotate after five rounds. Around of trap is 25 rounds and it is outdoors. That we have, as I have mentioned earlier, we havedropped that shooting line down 10 ft. behind to the south of that firing line. In addition, wehave a berm about, it’s less than a quarter mile behind the firing line, along our south that alsobaffles. Topography can also change the sound. Mr. Olsen stated berming is the primary noisecontrolled device that we have. What we do is we take the berm high enough to where the soundhas to go over the top of it and sort of go up into the air and not go over into other adjacentproperties. Commissioner McKiernan stated but the enclosure augments the berm for thetarget shooting, correct? Mr. Harris it’s like light. The light is shooting out it’s gonna hit thetop of this hill and prevent it from going into somebody’s house and whatnot. The berms are 8ft. to 10 ft. tall all the way around the backside of the trap shoot area. CommissionerMcKiernan asked the special use permit that we are being asked to either approve or notapprove tonight is for the entire complex, correct? Because all we have heard about is shootingtonight. Is the special use permit just for the shooting aspect of this or for the entire complex?Mr. Richardson stated Commissioner this is for the entire complex. This is the entire fair issuetonight including all the shooting sports and all the other activities. Commissioner McKiernanstated I have heard a suggestion. I want to hear whether or not we think this is valid. There wasa suggestion that maybe a time limit of a year be put on the renewal. I don’t know if it’s possibleto split this into two pieces, time limit one piece, and not time limit another piece.Commissioner Barnes stated I was kind of going along the lines with CommissionerMcKiernan. I’m on the highway and my phone has been cutting in and out. What I’ve heard, Iwas trying to identify the middle ground. I’ve heard some gentleman speak about the one yearpossibility. I heard it may be okay with the absence of a shotgun, be open to the public portionof it. I don’t know if there is someone there available that could talk about those issues that wereOctober 25, 2012

61brought up and I’m looking at possible stipulations because I did hear that there were somepeople against the shotguns period. There were some that said they were concerned about opento the public portion of it. I’m looking at the middle ground portion of it. I to have somediscomfort with the issue of wrapping this all together. I don’t have if that’s the strategy or if it’spossible to separate them but I would certainly be for that. I would be in agreement withCommissioner McKiernan on that.Ms. York stated modify the stipulations that were recommended by the Planning Commission.,you could do that and you could set terms for specific elements of this special use permit. Forexample, you could approve it with the shooting element and have the requirement that they haveto renew that after a year. They would have to come back for review before this body beforethey could continue with that particular element of this special use permit. To do so wouldrequire a vote of eight.Commissioner Barnes stated if we were to make the stipulation I guess I wouldn’t want to heareverybody again. I would certainly take into consideration those individuals that spoke against itas to whether or not that would be something that would interest them in doing so and try tosolve issues. At the same time we understand the importance of this issue to the fairgrounds butat the same time we also understand the importance of those individuals that live within thatcircle that the gentlemen talked about earlier. Commissioner Kane, you are 100% correct, I thinkmost of the decisions none of them have been easy that we’ve had to deal with in that district in awhile.Commissioner Holland stated I have several questions. I want to start by saying though I’mvery excited for the fairgrounds being where they are. I am very excited about the developmentthat is going on out there. It’s terrific and I think it’s good for our community. I have severalquestions about this issue, specifically the shooting. Ms. York on the protest petition, am Icorrect that you need 20% of the affected persons to sign to make it a valid protest petition, isthat right? Ms. York stated 20% of the petitioners. Commissioner Holland stated thepetitioner claims to have nearly 80%. Is it your opinion, you’ve already ruled the protest petitionout of order. Is it your opinion that if you struck all of the signatures that happened after it wassubmitted that there still would have been 20%. Did he get 90% of the signatures after it wassubmitted or did he have the 20% and then more were tacked on after it was submitted? Ms.October 25, 2012

62York stated I would have to look at the petition more closely but I asked planning staff torecalculate by eliminating those signatures that came after the verification and they would nothave met the 20% at that point. Mr. Richardson stated I might clarify that slightly. The protestpetition requires that the person that submits it be a signatory to the petition. The person thatsubmitted the petition signed at least three days after the notary signed it and did not date hissignature with the date in which he signed the petition. Without his signature being valid there isno protest petition and so we didn’t calculate what was left. They did have a substantial amountof property and it’s likely that there were still enough signatures had it been property submittedthat it would have had that 20%.Commissioner Holland stated one of my concerns, I agree we live in world of technicalities.Something of this importance. I just want to be clear, the concern with the protest petition wasthat the person who submitted it had not himself signed the petition or had mistakenly not signedthe petition. is that right? Mr. Richardson stated basically, yes. Commissioner Holland statedall of us up on this bench would have had to consult with our legal team to find out how tosubmit a petition. I applaud the community for trying and for submitting it and the technicalitythat he didn’t sign it - Obviously, he’s submitting the petition, he’s for the petition and if the dateon it is was inaccurate it troubles me that a protest petition is being shot done as it were for thatcircumstance. For me, I take that as, obviously I can’t change the number of votes necessary butI take it as a valid protest petition as there were people in the community who had a legitimateattempt. I don’t know if it was Mr. Meli who signed it. Mr. Meli have you ever signed a protestpetition before? Mr. Meli stated no. Commissioner Holland stated I would have screwed thatup too. My next question is does the 4-H shoot shotguns? That’s part of their trap shooting.Mr. Harris stated yes. Shotgun, pistol, air rifle, bb gun, archery. Commissioner Hollandstated my other question is I hear the name Cabela’s thrown out a lot as a great partnership withCabela’s, is there a partnership with Cabela’s? Mr. Harris stated I have not heard that thrownout anywhere. There is potential there. I’ve visited with Cabela’s. I’ve visited just darn neareverybody in the industry Commissioner. We’ve got a lot of people that have said yes, we willhelp you, build it and we will come. We can’t build it. Commissioner Holland stated theother question I have, the fair, I totally understand the 4-H using it as part of the fairgrounds.You have an animal auction every year with the fair. I’ve not heard any attempt tocommercialize that and have a regular auction on the fairgrounds. Is this the only product of thefairgrounds that would be a for profit entity? Mr. Harris stated no. When EDA did the masterOctober 25, 2012

63plan to support the fair operation because our budget had been cut to zero for two years and hasbeen substantially cut every year since that and it was implemented again. There are twoaspects, three aspects of supporting this facility because of the shortfall on tax dollars. Theshooting facility opened to the public and generates approximately $200K gross on an annualbasis to help support the shooting, 4-H and the fairgrounds. A 50 slot camper park can supportthe fairgrounds. I don’t have those numbers on the top of my head. They are in the report. Theexhibition hall that will cost approximately $5M to build and we don’t have the money to buildit, we are starting a capital campaign trying to do that. We will have a facility that we can rentout for wedding receptions, fall trade shows and that type of thing in that building when it isdone. Horse project, horse facility, if the facility is ever completed quarter horses, paint shows,larger animal shows that are available including the 4-H shows, which each of thoseorganizations have youth shows in their plans. As far as to answer Commissioner McKiernanwith regards to one-year, it will cost approximately $25K to build each trap stand. It will costapproximately $200K to build a bunker trap which is one of the traps that is recommendedbecause we have kids that are shooting, that’s an international trap shooting in Olympics. Wehave kids who are shooting tremendously, not 4-H but other shooting organizations here inWyandotte County. It will cost approximately $150K to baffle it just the rifle range before anyrounds can be fired. We are working on grass to try to be able to do this. You limit us to oneyear, we’re not going to get one grant, not going to get Cabela’s, Bass Pro or anybody else,National Shooting Foundation, anyone to provide one penny. So the community does have ashooting facility, the 4-H remains where they are shooting at a place as a gratuity inLeavenworth County, 25 miles to the west of Wyandotte County. Commissioner Hollandstated is it your position that without the revenue generation of opening the shooting range to thepublic it will never be built. Mr. Harris stated we’re done. We have expended the funds thatwe had available in the foundation for the development that we have in place at this time. Someof it was done completely out of order. Some we thought we were going to have other help withbut the money that we had in the foundation has been expended.Commissioner Murguia stated were there any efforts or any conversations about getting theproponents and opponents for this project together to come to some sort of consensus. Mr.Richardson stated we had a discussion at the neighborhood meeting and I think that there wasthe ability for open dialogue. We haven’t had a conciliation meeting, so to speak, but I’m notsure given where the two parties are that would bear, it’s a difficult issue. CommissionerOctober 25, 2012

64Murguia stated Mr. Harris you rattled off some numbers that if we were to restrict this specialuse permit for a year that you would be finished because it takes a substantial amount ofinvestment to make it happen. Mr. Harris stated we are not going to try to raise money for aone-year shooting facility. We can’t justify $2M for one year. Commissioner Murguia statedthat was my question. It’s a $2M to prep this facility to get ready for actual shooting, is thatwhat you said. Mr. Harris stated that is correct.Commissioner Kane stated that’s exactly what I’ m talking about. You can’t give them a oneyearrestriction because no one is going to say alright I’ll give you x amount of dollars. Most ofthe contracts are five-year contracts and with that contract of course there is an extension thatgoes along with the fifth year whether they want to continue to do it. We hog tie them, theycan’t do anything. Who would want to advertise out there for a year, maybe, with all that beingsaid move for approval.Action:Commissioner Kane made a motion, seconded by Commissioner Ellison, toapprove Special Use Permit #SP-2011-14, subject to the stipulations. Roll callwas taken and there were eight “Ayes,” Cooley, Ellison, Holland, Barnes,McKiernan, Murguia, Kane, Markley.Commissioner Cooley and Commissioner Barnes left the meeting.VACATION APPLICATIONITEM NO. 1 – 120278…VACATION APPLICATION #A-2012-9 – LUKE KUSH WITHLUKE KUSH CORPORATIONSYNOPSIS: Vacation of an alley at 1328 Minnesota Avenue. The applicant is requesting tovacate the western portion of an alley behind 1300 and 1400 block of Minnesota Ave. ThePlanning Commission voted 6 to 2 to recommend denial of Alley Vacation Application #A-2012-9 based on the mentioning of the facts and the prior conditions that have been done to theproperty without proper permits and consent.Luke Kush, 8401 W. 142 nd Terr., Overland Park, KS, stated I have my office at 1328Minnesota Avenue. I am here this evening because the last meeting I was here in this room wasto vacate an alley in the back of my warehouse. About ten years ago I was looking at aOctober 25, 2012

65warehouse on 10 th & Minnesota. I guess it was like a small shop about 2,400 sq. ft. I wasworking with an elderly fellow trying to buy this building meanwhile I was going from 18 th &Minnesota heading east to 10 th & Minnesota. I happen to notice a sign on a warehouse and itwas an 3,200 sq. ft. of a warehouse that looked like hell. I went ahead and somehow, someway Ibought it. Once I bought it, went home and laid down in a fetal ball position for a long timebecause when it rained it was just a rain forest in that big old building. I didn’t see the potential,I was going broke. I had a child, another child, and I had another child. Meanwhile, I wasbuilding this house and I was getting used to Wyandotte. I found out that Wyandotte is verycultured people. I started saying to myself how can I make this building work for me. I broughtnine businesses into this warehouse. I found bras and panties and syringes and a lot of homelesspeople. People who rip people off and try and sell you stolen goods. I cleaned that whole blockup. I put a restaurant in that building. It’s a Mexican food restaurant. $180K I put in thatbuilding. It used to be an old Buick/Sedan automobile shop. Behind on State was the lot to sellthe cars. The Mexican food restaurant was the showroom. The remainder of the warehouse wasmechanic shops. What I’ve done is I’ve taken a whole block and I made it look good. I respectWyandotte. I have been here for a little over 10 years. I do jail seminars. I did. I give to theFireman’s fund and I give to inner city children in Wyandotte. I am a participant in Wyandotte.I do everything according to the codes department. Rob Richardson and Bradley, we’ve gottento know them very well. We are trying to vacate this alley in the back of my warehouse becauseI’ve put almost $3.25M in that block right there beside the purchase of the building. Because ofthat renovation my taxes have doubled from $12K to $24K a year and I’m paying it. Also, I’veput nine businesses in that building in and around there. I’ve put in a new asphalt parking lot.I’ve made it safe for children to play in the parking lot that I have that I’ve remodeled. It suitsmy warehouse facility and everything else within that warehouse and businesses, it happens to bethat there is an alley at a deadend in the back of my building because it drops to a lower level. Ifyou pull in my parking lot you’ll be in my parking lot but there is an alley directly behind thatbuilding in the yellow line. That is all encapsulated all the way around that perimeter. Thatyellow line if you take it going towards State that’ s towards the north take that yellow line out,it’s still one parking lot all the way to State. It looks really good because I’ve done a really goodjob and I respect Wyandotte. I want to take that alley and I want to continue improving that area.Tracy Kush, 8401 W. 142 nd Terr., Overland Park, KS, stated with that alley there it is right upagainst our building. It serves no purpose to the public. It’s been curbed since we’ve been thereOctober 25, 2012

66and fenced in since we’ve been there. It is a dropoff of 20 ft. It is a deadend. The problem thatdowntown has with limited parking it has been used nine years as parking for tenants and wealso occupy this space with our business. We hope that you understand that again this is not analley that is being used by the public since I’ve been there for nine years. I do have some of therecords where they’ve checked and it’s not been an alley for a very long time. Again, it is a deadend. We hope that you would accept that. Again, it is useless and there is access for utilitypeople, fire people, there is nothing different about us wanting to vacate it except that we can useit for parking for our tenants and for ourselves.Commissioner Holland stated Rob I’ve read this. I didn’t hear a clear argument as to why tovacate it. What would vacating accomplish and why not to vacate it, if you could just clarifythat. Mr. Richardson stated if this were to be vacated basically the area there in yellow istechnically public right-of-way between their other property which fronts on State Avenue andtheir building which fronts on Minnesota Avenue and that unifies the property and eliminatespublic access. There are businesses on the - which is kind of odd and Mr. Kush’s property andthe property to the east of him there are businesses that basically front the alley. Mr. Kush, if heowns the parking lot he would have access to that there. Further to the east, the alley is the frontentrance of the businesses and we are a little concerned about that because I didn’t have a clearpicture from the business license applications that we had businesses that weren’t frontingMinnesota Avenue. Mr. Kush has built a ramp into his property in the back to serve his businessand that is Mr. and Mrs. Kush’s personal business. I talked with the Fire Marshall earlier thisweek and I think that if we can work out a method with the Fire Department so that everybodyunderstands how the Fire Department would have to serve the back of that because it’s a paintcompany this might be acceptable. I’ve also talked with Mr. and Mrs. Kush about doing a rightof-wayuse agreement that would basically accomplish the same thing that would guarantee thatwe would still have public access and they could use it as they intend to right now. I think thateither way we go we are going to be able to accomplish their purposes. We feel like the right-ofwayagreement is a little better way to do it but after talking with the Fire Department if we havetime to and actually there is a parking variance which we could probably tie that to that’sproceeding to the Board of Zoning Appeals. We could tie this together and make sure the FireDepartment had access so that they could get back there and do their job if they had to.Commissioner Holland asked is it true that you can’t even drive through that alley, that it’s gotwalls? Mr. Richardson stated at the yellow line on the east there, the part in yellow is elevatedOctober 25, 2012

67and then there is a wall there and it drops off. There are some significant utility lines overheadthere and we would have to retain the utility easement there. After talking with the Fire Marshallagain this week I’m more comfortable with the vacation then I was before. We could do it eitherway. Commissioner Holland asked what does the vacation gain the property owner? Mr.Richardson stated we wouldn’t have any permanent access through there. It would just be theutilities that could come in and maintain the line. Commissioner Holland asked what wouldhappen differently if they had the vacation then if they didn’t have it. It looks like there’salready cars parked in it. You can’t drive through it. What would change if we vacated thealley? Mr. Richardson stated when we first wrote the staff report it was fire access but aftertalking to the Fire Marshall I don’t know that there would really be any difference at this point.Commissioner Holland asked is parking there now illegal? Mr. Richardson stated yes.Commissioner Holland stated they can’t technically park there or build a ramp there. Mr.Richardson stated correct. Commissioner Holland stated hypothetically if there are rampsalready built and cars already parked there in all intent and purposes this has been vacated forsome time. We gave up on it a number of years ago. Mr. Richardson stated I don’t know thatit was given up on but it certainly hasn’t posed any issues. There has been communicationregarding those issues in the intervening time period but I think we’re past that at this point.Commissioner Holland stated you’re okay, the fire issue was the last issue and yourcomfortable that the Fire Department is going to be able to put out a fire. Mr. Richardsonstated yes. We still have some addressing issues to work through and other things but I thinkthat would probably - I think the fire issue has been eliminated after my conversation with theFire Marshall. Commissioner Holland stated I’m delighted to hear that.Mayor Pro-Tem Mendez opened the public hearing.The following appeared in opposition:Jerry Vest stated I definitely wouldn’t want your job up there after that last one becausesometimes you got to realize it does affect other people. This does affect me. I have 1313 StateAvenue, the building right beside him. I spent literally thousands of dollars on that alleywaywith building retaining walls. I used to be at 1310 Minnesota Avenue and I built retaining walls,put in dirt and asphalted it. When I bought 1313 State I did the same. I cannot even drive downthe alley. I haven’t been for three years. I used it for years. I’ve got a trash dumpster back therethat I haven’t been able to have dumped for three years. It still has trash in it from three yearsOctober 25, 2012

68ago because Deffenbaugh can’t drive back there and get my trash dumpster. The thing thatreally bugs me is the traffic in that alley is absolutely unreal. When I started my business in1988 and I bought 1313 I was able to drive through the side of my building. There are cars backthere all the time now. I cannot drive back behind the alley. I had a lawsuit with Mr. Kush and Ididn’t bring any of that paperwork but I brought it last month. I actually thought I was going tobe talking to the same people. I spent $33K in attorney fees to have a right to that alley. Thejudge went in my favor. I actually have access back there and it’s court ordered by the judge,$33K, I borrowed the money to pay the attorney now. I don’t think it’s fair. What really upsetsme when he opened the business up there I was excited for something to come in there because itwas prostitutes, drug dealing and what have you in 1315 State beside me. When they opened upthat business I was excited and I got along with the guy real well at first until his customersstarted parking on my property all the time and driving up through the side of my building to thepoint I could not drive on my own parking. Then we started having issues. Then they decidedthis building, this whole warehouse, remember warehouse, was designed with no entrance at allfrom the alley. It was a driveway from the upstairs on Minnesota Avenue down into thebasement. When Mr. Kush put this ramp up we had all kinds of problems, code enforcement,actually Major Ward was trying to get it shut for years. He said he couldn’t figure out why hecouldn’t do it. When I heard they were going to open up another business in there I calledPlanning and Zoning. I said I want you to think about this. He has no parking at all. 1315 isalready using my property for parking and please do not give him a permit to open this up.Abraham Neal at that time was the one who issued the city license and I talked to Abraham. Heis no longer there. I had called Planning and Zoning and expressed my concerns with no parkingand how it would affect me. They went ahead and opened it up. It’s been plum crazy since.Now I spent $33K and I cannot use my alley and I do have a court order to be able to use that. Atrash truck can’t go back there and I can’t go back there I don’t think it’s fair. Think about whatyou do.Mayor Pro-Tem Mendez closed the public hearing.Commissioner McKiernan stated I think Rob these questions are going to be as much for youas for anybody else. First of all we talk about this as a warehouse. We zone for warehouses at13 th & Minnesota. Mr. Richardson stated I believe that it is zoned industrial at least C-3 if notM-2. This building is zoned C-3 Commercial which is heavy industrial. CommissionerOctober 25, 2012

69McKiernan stated I share Commissioner Holland’s questions what do we gain by vacating this.It really seems to me we got two issues here, two maybe related, but separate issues. The pieceof the alley that is affectively blocked, correct me if I’m wrong on this, is the alley that’s to theeast. Mr. Richardson stated correct. Commissioner McKiernan stated the alley that is downunderneath the retaining wall. The parking that is blocked is actually up on State. The parkinglot that gets obstructed by some of the spillover from 1315 is on State. Mr. Richardson statedthat’s correct. Commissioner McKiernan stated I can tell you having seen both of those, thoseare very real, very legitimate problems that need to be addressed and need to be fixed. It seemsto me we have a separate issue before us tonight. That is the vacation of the alley that isaffectively the west half of the block that is up on the retaining the wall, is that correct, that’swhat’s before us tonight. Mr. Richardson stated correct. Commissioner McKiernan statedas Commissioner Holland stated that alley has effectively been vacated. Mr. Richardson statedcorrect, however, we’re not under any obligation to give up right-of-way and if we wanted tohold this over to help them resolve the other issues and say we will do this at some point in thefuture but you have to resolve the other issues first, that might be a way to go. CommissionerMcKiernan stated I’m not inclined to give up the right-of-way in this block. They may berelated but there are separate issues here. This is a right-of-way issue behind one set of buildingsand it seems to me that we should maintain the right-of-way to those buildings, they are largebuildings but we have this other issue that also needs to be addressed. It may be the sameprinciples that come together on both of these issues, I don’t know but that other one is real andit needs to be fixed.Commissioner Holland stated it seems like we need to send this back to work this out and askstaff to come up with a solution. You stated that you could get to this with a use agreement.That seems to satisfy all of the agreement and allows them to operate the business necessarily,allows the neighbors to be able to access their area and it allows us to retain the right-of-way. Iwould move to send this back.Action:Commissioner Holland made a motion, seconded by CommissionerMcKiernan, to refer back to Planning and Zoning. Roll call was taken andthere were six “Ayes,” Ellison, Holland, McKiernan, Murguia, Kane, Markley.October 25, 2012

70MAYOR PRO-TEM MENDEZ ADJOURNEDTHE MEETING AT 9:30 P.M.October 25, 2012tkCarol GodsilDeputy Unified Government ClerkOctober 25, 2012