1
00:00:22,040 --> 00:00:30,160
Call door to the Buller County Planning and Zoning Board. The chair declares a quorum.

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00:00:30,160 --> 00:00:36,300
If we need approval of the agenda, I would make a motion to move old business to the back

3
00:00:36,300 --> 00:00:38,940
and new business to the fronts so we can hear the new cases first.

4
00:00:40,580 --> 00:00:43,100
Is there a second?

5
00:00:43,600 --> 00:00:44,640
All second.

6
00:00:45,360 --> 00:00:46,240
Motion and second.

7
00:00:46,740 --> 00:00:49,140
Jacob on the motion, talon on the second.

8
00:00:49,520 --> 00:00:51,080
Polls and favor say aye.

9
00:00:51,320 --> 00:00:51,520
Aye.

10
00:00:52,100 --> 00:00:53,920
Those opposed and motion carried.

11
00:00:54,660 --> 00:00:58,120
We need approval of the minutes, as they were sent out.

12
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is there any additions and or the corrections to the August 18th, 2026 made in minutes?

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I would move to approve in minutes as presented.

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March on the motion to approve is our second.

15
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Andy on the second, further discussion, all those in favor say aye.

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Aye.

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00:01:22,750 --> 00:01:29,670
Those opposed motion carried as per change in the agenda under new business item F1.

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public hearing to consider PL2623 a request for a homestead.

19
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A lot split, located at 15592, northwest 60th Street, white water cans is staffed.

20
00:01:45,130 --> 00:01:49,290
Our property owner is Wayne and Catherine, or a bulkable trust owner, track of land containing 80

21
00:01:49,290 --> 00:01:54,110
plus or minus acres. The property is located at the northeast corner of northwest 60th Street, northwest

22
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The property is zone to aggregating.

23
00:01:57,550 --> 00:02:01,650
The property owner decides to put out 9 plus or minus acres and place 71 plus or minus

24
00:02:01,650 --> 00:02:04,230
acres into an agricultural preservation overlay.

25
00:02:04,910 --> 00:02:06,970
The property is located outside the urban growth area.

26
00:02:07,150 --> 00:02:08,990
The county is surrounded by aggregating properties.

27
00:02:09,350 --> 00:02:11,330
The property is being used for aggregated purposes.

28
00:02:12,570 --> 00:02:16,190
Current home will most likely be surfaced by water well and utilizes the

29
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Lagoon for wastewater purposes.

30
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The Butler rule that provides power and northwest

31
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six-year street is a gravel roadway maintained by Milton Township. There are no FEMA map flood

32
00:02:26,210 --> 00:02:31,110
plane areas or dam breach areas located or excuse me there is a FEMA map flood plane

33
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area in a dam breach area looking on the west side of the property. The home and other

34
00:02:34,970 --> 00:02:37,930
structures are located well outside these areas of Chairman.

35
00:02:46,400 --> 00:02:47,560
Questions from Board?

36
00:02:47,560 --> 00:02:50,020
That kind of someone representing

37
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anything that adds to what to least.

38
00:03:03,630 --> 00:03:05,030
Any questions for Gerald?

39
00:03:06,210 --> 00:03:06,670
Thank you, Gerald.

40
00:03:07,270 --> 00:03:09,410
Anyone else there to speak to this case?

41
00:03:10,010 --> 00:03:12,510
Anyone else there to speak to this case?

42
00:03:12,650 --> 00:03:16,550
Not to chair close, but the current chair will entertain the motion and order discussion

43
00:03:16,550 --> 00:03:20,590
on PL-26-23,

44
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Mr. Chairman, I'll make a motion to approve PL-26-23 as written.

45
00:03:30,050 --> 00:03:31,790
Kermit on the motion, is there a second?

46
00:03:31,890 --> 00:03:32,770
Yes, sir.

47
00:03:33,410 --> 00:03:36,290
Various seconds, Marcia. We'll give it to Marcia.

48
00:03:36,950 --> 00:03:37,730
Oh, you can get it.

49
00:03:37,770 --> 00:03:38,730
There you go.

50
00:03:40,830 --> 00:03:43,210
Any other discussion, voting, siege agreement?

51
00:03:44,170 --> 00:03:44,450
Favorite.

52
00:03:45,830 --> 00:03:46,010
Favorite.

53
00:03:47,210 --> 00:03:47,490
Favorite.

54
00:03:48,170 --> 00:03:48,310
Favorite.

55
00:03:48,310 --> 00:03:49,470
Motion carried unanimously.

56
00:03:49,470 --> 00:03:52,110
goes before the county commissioners.

57
00:03:52,290 --> 00:03:54,490
September 29th, correct, Toby?

58
00:03:55,390 --> 00:03:55,530
Yes.

59
00:03:55,770 --> 00:03:55,870
That's different.

60
00:03:56,110 --> 00:03:56,470
That's correct.

61
00:03:56,610 --> 00:03:57,950
September 29th.

62
00:03:58,290 --> 00:03:58,970
Thank you.

63
00:03:59,050 --> 00:04:06,230
Item F2, public, caring to consider PL-2624, or request for a home-stead large plant located

64
00:04:06,230 --> 00:04:12,030
at 55-90 northwest metal arc road, white water can to staff.

65
00:04:12,450 --> 00:04:16,470
The property owner's welfare and glass-revocable trust on the track land containing 76

66
00:04:16,470 --> 00:04:21,710
plus minus acres, property is located south of North West on the east side of North West

67
00:04:21,710 --> 00:04:23,370
metal rock road, white water Kansas.

68
00:04:24,150 --> 00:04:29,090
Property is zone to Ag 80, property owners are split out six or plus minus acres in place

69
00:04:29,090 --> 00:04:35,250
70 plus minus acres into an APO property is located outside the urban growth area of the county

70
00:04:35,250 --> 00:04:40,830
and surrounded by Ag 80 properties, property is being used for ag purposes, the current home

71
00:04:40,830 --> 00:04:44,550
may be serviced by rural water and there is a line that runs down metal rock road.

72
00:04:45,790 --> 00:04:48,990
The utilize the safety system for wastewater purposes,

73
00:04:49,170 --> 00:04:50,850
every due provides power.

74
00:04:51,790 --> 00:04:54,330
Metalark is a pay-broadway maintained by the county.

75
00:04:55,590 --> 00:04:58,670
The current home is located in a FEMA map foot plain area.

76
00:04:59,230 --> 00:04:59,890
Any future construction.

77
00:05:00,000 --> 00:05:07,260
And would have to meet floodplain requirements, staff does recommend approval with the APO as indicated on the survey. Chairman.

78
00:05:09,080 --> 00:05:12,860
Questions from the Board? Is the applicant or someone representing

79
00:05:17,820 --> 00:05:19,880
anything to add, Gerald?

80
00:05:20,640 --> 00:05:29,080
Thank you. Anyone else here to speak to this case? Anyone else here to speak to this case? Any other questions from the Board?

81
00:05:29,080 --> 00:05:33,880
If not, chairacles, public hearing, chair will entertain the motion and order discussion on

82
00:05:33,880 --> 00:05:35,800
PL-2624.

83
00:05:39,570 --> 00:05:46,350
I would move to approve PL-26-24 at Homestead, lots split as per sentence.

84
00:05:46,770 --> 00:05:50,950
March on the motion, all second.

85
00:05:51,250 --> 00:05:52,170
Talon on the second.

86
00:05:52,410 --> 00:05:52,910
Thank you, Talon.

87
00:05:54,010 --> 00:05:54,850
Further discussion?

88
00:05:55,910 --> 00:05:56,930
Boating procedure, current.

89
00:05:57,850 --> 00:05:58,150
Favor.

90
00:05:58,770 --> 00:05:59,010
Favor.

91
00:06:00,250 --> 00:06:00,890
Favor.

92
00:06:00,890 --> 00:06:01,470
member.

93
00:06:02,230 --> 00:06:07,910
In carried 6-0 before the Canada Commission, or September 29, the fear at 9 o'clock in

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00:06:07,910 --> 00:06:08,430
the morning.

95
00:06:09,110 --> 00:06:14,990
Item F-3, if public hearing to consider, PL-2625, or request for a mortgage

96
00:06:14,990 --> 00:06:22,210
law split, located at 1013 North East 60th Street, El Dorada Kansas, staff.

97
00:06:22,970 --> 00:06:26,770
It's a property owner, Cynthia Barrett owns a track of land containing 39 plus or minus

98
00:06:26,770 --> 00:06:30,330
Takeers property is located at 1-0-1-3 Northease,

99
00:06:30,610 --> 00:06:31,850
60th Street, El Dorado Kansas.

100
00:06:32,610 --> 00:06:33,870
Property is owned at 40.

101
00:06:34,690 --> 00:06:37,070
Property owner desires us to put out five plus minus acres

102
00:06:37,070 --> 00:06:39,090
in place the remaining portion of the land,

103
00:06:39,410 --> 00:06:41,830
accepting the area around the existing home

104
00:06:41,830 --> 00:06:44,150
and to an agricultural preservation overlay.

105
00:06:45,150 --> 00:06:47,470
Property is located outside the urban growth area,

106
00:06:47,690 --> 00:06:49,430
the county in a surrounded by aggregating properties

107
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and at 40 properties.

108
00:06:52,350 --> 00:06:55,690
The new home would most likely be served by a water well.

109
00:06:55,690 --> 00:07:01,210
The septic system will be used for wastewater purposes, but the rule of electric would provide power.

110
00:07:01,490 --> 00:07:06,330
Northeastern Street is a gravel roadway maintained by a Lincoln township, and there are no FEMA

111
00:07:06,330 --> 00:07:08,050
mat areas to look at on the property.

112
00:07:09,370 --> 00:07:13,950
Because there is an approved hardship case on the property, there is a mobile home in a second

113
00:07:13,950 --> 00:07:19,970
private wastewater system located on the property at this time, which are to be removed when

114
00:07:19,970 --> 00:07:22,030
the hardship in the longer is an existence.

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00:07:22,590 --> 00:07:38,910
So staff recommends that any approval of the mortgage law split stipulate the following, that within 60 days of the completion of the new home, a private wastewater system in the mobile home, and then again servicing the mobile home will be removed.

116
00:07:41,060 --> 00:07:46,460
So if you do approve it, if you look at my recommended action on this, it does include the stipulation.

117
00:07:47,260 --> 00:07:52,220
So, the person who's caring for them that's in the mobile home that the mortgage

118
00:07:52,220 --> 00:07:53,960
law split is for that person.

119
00:07:54,740 --> 00:08:02,100
So, I think the desire is to remove the existing lagoon and the mobile home or whatever's

120
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out there now.

121
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Once the house is built, I think only fairer needs some place to live, so that's why until

122
00:08:08,440 --> 00:08:12,420
the home is built, so that's why I see my recommendation.

123
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And also on the APO, you'll notice it doesn't include the area around the existing home, because

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what we don't want to do is put an APO over top of the existing home, and then something

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happens to it and they can't rebuild.

126
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Carmen?

127
00:08:29,880 --> 00:08:31,020
Questions for staff?

128
00:08:33,320 --> 00:08:37,040
If not someone representing

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00:08:40,400 --> 00:08:41,620
anything dad, Gerald?

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Any questions for Gerald?

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Thank you, Gerald.

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Thank you.

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00:08:48,110 --> 00:08:50,650
You went out there to speak to this case.

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Anyone out there to speak to this case, not chair close to the public hearing, chair

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will entertain a motion and or discussion.

136
00:09:07,840 --> 00:09:18,100
I've made a motion to approve PL26-25 in mortgage slots split with an APO overlay as described

137
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on the certificate of survey with a requirement that within 60 days of the completion of

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new home and private waste water system, the mobile home and look in, servicing the mobile

139
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home delivery moved.

140
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Marshal on the motion is there a second, and the on the second, any other further discussion

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voting procedure, current, favor, favor, favor, favor, favor, motion carried again unanimously

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00:09:50,040 --> 00:09:56,940
up here September 29, 9 o'clock in the morning, item F4 public hearing to consider PL

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2626, a request for our own.

144
00:10:00,000 --> 00:10:07,420
Instead, a lot split, located at 80, 99 South East, 30th Street, Elderay to Kansas, staff.

145
00:10:08,140 --> 00:10:14,160
Property owners, Jonathan, and Tamlet Thompson, owner, track of land, containing 41 Push-Minus acres, the property

146
00:10:14,160 --> 00:10:18,460
is located west of South East Monson, Hill Road on the south side of South East, 30th Street,

147
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Elderay to Kansas, property is owned act 40, property owner desires to split out 5 Push-Minus

148
00:10:24,000 --> 00:10:29,980
acres and place 36 Push-Minus acres into an APO property is located outside the urban growth

149
00:10:29,980 --> 00:10:33,300
area of the county and surrounded by AG-80 and AG-40 properties.

150
00:10:34,080 --> 00:10:38,920
Current home utilizes a lagoon for wastewater purposes, which would be allowable on five

151
00:10:38,920 --> 00:10:39,880
acres of the land.

152
00:10:40,340 --> 00:10:44,800
Electricity is provided by every G, southeast 30th Street as a gravel roadway maintained

153
00:10:44,800 --> 00:10:49,280
by Rosalia Township, and there are no female map areas located on the property.

154
00:10:49,580 --> 00:10:52,760
Staff recommends approval with the APO as indicated on the survey.

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00:10:53,420 --> 00:10:53,500
Chairman.

156
00:10:54,680 --> 00:10:55,720
Questions for staff?

157
00:10:58,360 --> 00:10:59,480
App in or some representing?

158
00:11:02,110 --> 00:11:09,270
I'm Roger Katsinger, I'm representing the owners in this case and I don't really have anything to add, Toby's pretty well covered it.

159
00:11:09,530 --> 00:11:10,570
Questions for Roger?

160
00:11:12,550 --> 00:11:13,030
Thank you, Roger.

161
00:11:13,810 --> 00:11:16,410
Anyone else here to speak to this case?

162
00:11:16,690 --> 00:11:19,970
Anyone else here to speak to this case?

163
00:11:20,610 --> 00:11:24,290
Chair close the public hearing, chair will entertain the motion and or discussion.

164
00:11:28,820 --> 00:11:30,280
Make a motion to approve.

165
00:11:30,460 --> 00:11:32,740
He helped 2626 as presented.

166
00:11:33,620 --> 00:11:35,740
press down the motion and is there a second?

167
00:11:37,140 --> 00:11:38,160
Jacob on the second.

168
00:11:38,960 --> 00:11:39,920
Further discussion.

169
00:11:41,060 --> 00:11:41,780
Soading to Superintendent.

170
00:11:43,280 --> 00:11:43,960
The favor.

171
00:11:46,500 --> 00:11:46,520
Thank you.

172
00:11:46,520 --> 00:11:46,700
The favor.

173
00:11:47,440 --> 00:11:47,560
Thank you.

174
00:11:47,760 --> 00:11:52,760
Again, vote unanimously appear September 29th, 9 o'clock in the morning.

175
00:11:54,160 --> 00:11:55,640
Item F5, public hearing.

176
00:11:55,640 --> 00:12:04,580
to consider PL-2627 or request for homestead lot split, located at 1156 Northeast Grant Road,

177
00:12:04,880 --> 00:12:06,660
Elirate of Kansas Staff.

178
00:12:07,240 --> 00:12:11,480
The property owner, Kimberly Riemann, owns a track of land containing 80 plus minus acres,

179
00:12:11,800 --> 00:12:15,860
property is located north of North East Tentry, on the east side of North East Grant Road.

180
00:12:16,420 --> 00:12:18,900
Elirate of Kansas, property is owned at 80.

181
00:12:19,160 --> 00:12:23,500
Property owner desires to split out 10 plus minus acres and place 71 plus minus acres

182
00:12:23,500 --> 00:12:28,780
and to an APO. Property is located outside the urban growth area in the surrounded by agate

183
00:12:28,780 --> 00:12:35,180
properties and is being used for ag purposes. Current home utilizes the lagoon for wastewater

184
00:12:35,180 --> 00:12:40,880
purposes, which would be allowable on the ten acres of land. Electricity is provided by

185
00:12:40,880 --> 00:12:45,840
below a rural electric northeastern road as a gravel roadway maintained by prospect township

186
00:12:45,840 --> 00:12:51,760
and there are no FEMA map areas. Or there is a FEMA map area in a dam breach area located

187
00:12:51,760 --> 00:12:55,220
on the property, the current home is located outside both of these areas.

188
00:12:55,960 --> 00:13:00,860
Staff recommends approval with the aye preservation overlay as indicated on the survey.

189
00:13:03,990 --> 00:13:05,050
Questions for staff?

190
00:13:05,450 --> 00:13:06,950
Zap can or someone representing?

191
00:13:10,030 --> 00:13:10,650
Roger, sir.

192
00:13:11,350 --> 00:13:12,290
I agree with everything.

193
00:13:12,530 --> 00:13:13,230
Toby said.

194
00:13:13,590 --> 00:13:13,950
There you go.

195
00:13:14,070 --> 00:13:15,070
I have nothing to add.

196
00:13:15,550 --> 00:13:17,290
Anything question for Roger?

197
00:13:18,050 --> 00:13:18,670
Thank you, Roger.

198
00:13:20,530 --> 00:13:24,050
Any other questions or comments from the Board if not chair of course public hearing?

199
00:13:24,050 --> 00:13:29,290
chair will entertain the motion and order discussion on PL 2627.

200
00:13:34,060 --> 00:13:35,660
Mr. Chairman, I'll make a motion

201
00:13:35,660 --> 00:13:38,020
to approve 2627.

202
00:13:38,340 --> 00:13:40,660
Tell on the motion prove is there a second.

203
00:13:40,660 --> 00:13:40,980
Okay.

204
00:13:41,920 --> 00:13:43,140
Marcia on the second.

205
00:13:46,000 --> 00:13:46,800
Further discussion?

206
00:13:47,160 --> 00:13:47,760
The voting procedure.

207
00:13:48,220 --> 00:13:48,540
Chairman.

208
00:13:49,840 --> 00:13:50,040
Favorite.

209
00:13:50,280 --> 00:13:50,580
Favorite.

210
00:13:53,040 --> 00:13:54,140
Motion carried 6.

211
00:13:54,880 --> 00:13:54,960
Zero.

212
00:13:55,220 --> 00:13:55,600
Up here.

213
00:13:55,820 --> 00:13:56,900
September 29.

214
00:13:56,900 --> 00:14:03,060
on a clock in the morning for the county commissioners. Item F6, public hearing, to consider

215
00:14:03,060 --> 00:14:13,460
a plat 2628, or request for a final plat, located at 333 West Rosewood Street, Rose Hill

216
00:14:13,460 --> 00:14:19,740
Kansas staff. So, Keller Dirt Company owns a track of land containing 48 plus or minus

217
00:14:19,740 --> 00:14:25,480
acres located off of West Rosewood Street and North Tara Acres Drive, Rose Hill Kansas, property

218
00:14:25,480 --> 00:14:27,100
isoned rural residential.

219
00:14:28,220 --> 00:14:31,160
The Tara Acker's second edition final plaque contains one

220
00:14:31,160 --> 00:14:33,200
law that is three acres in size.

221
00:14:33,760 --> 00:14:36,360
In December of 2023, the Tara Acker's edition

222
00:14:36,360 --> 00:14:38,180
was recorded with registered deeds.

223
00:14:38,780 --> 00:14:41,000
The original application and approvals went

224
00:14:41,000 --> 00:14:43,440
through the city of Rosil for approval since the property

225
00:14:43,440 --> 00:14:44,800
falls within their ETA.

226
00:14:46,040 --> 00:14:48,940
The city of Rosil has confirmed that the new application

227
00:14:49,440 --> 00:14:51,220
is to be submitted through Butler County

228
00:14:51,220 --> 00:14:54,500
and they had no issues with the addition of the new lots.

229
00:14:55,900 --> 00:14:59,960
property is located inside the urban growth area and is surrounded by Ag-40 Ark.

230
00:15:00,000 --> 00:15:06,300
For our and the city of Rosalty properties, water will be provided by a Cedric County rule, water district 3.

231
00:15:07,100 --> 00:15:10,800
Public sewer cannot be provided, so it will be serviced by a private wastewater system.

232
00:15:11,360 --> 00:15:17,400
Electricity is provided by a bill, a rule, electric. Access to the property is located off a north terror acre's drive,

233
00:15:17,620 --> 00:15:21,500
which is a newly constructed gravel roadway that met the county engineer standards.

234
00:15:22,340 --> 00:15:24,680
There are no FEMA mapped areas located on the property.

235
00:15:25,340 --> 00:15:29,440
staff recommends approval as it is located near the city of Rose Hill inside the urban

236
00:15:29,440 --> 00:15:32,300
Goat Theory and proper utilities can be provided.

237
00:15:34,020 --> 00:15:35,080
Questions for staff?

238
00:15:36,820 --> 00:15:39,400
I don't get a reason why the city did not want to.

239
00:15:39,620 --> 00:15:46,860
They had a change of hands and they had a new city administrator and so as the old one was

240
00:15:46,860 --> 00:15:52,380
leaving, I had spoken with him and he said just until the new person gets set up, he's

241
00:15:52,380 --> 00:15:54,520
spoken to them about the new city administrator.

242
00:15:54,840 --> 00:15:57,220
They felt comfortable with us just running it through.

243
00:15:57,940 --> 00:15:59,100
They were already meeting.

244
00:15:59,420 --> 00:16:02,520
I mean, they look for me for recommendations on the original one,

245
00:16:02,540 --> 00:16:06,000
as far as lot sizing and all that to be consistent.

246
00:16:08,080 --> 00:16:10,940
So it would be consistent with all the other lots out there.

247
00:16:11,120 --> 00:16:11,820
Other questions?

248
00:16:14,530 --> 00:16:16,350
Is the applicant or someone representing

249
00:16:20,220 --> 00:16:21,680
Brian Peltier

250
00:16:21,680 --> 00:16:22,700
with Mayorstone Survey?

251
00:16:23,840 --> 00:16:24,560
Any questions?

252
00:16:29,230 --> 00:16:29,730
Thank you, sir.

253
00:16:30,090 --> 00:16:30,830
Thank you.

254
00:16:30,830 --> 00:16:37,090
Anyone else there to speak to this case? Anyone else there to speak to this case?

255
00:16:37,170 --> 00:16:39,190
The chair will close the public hearing.

256
00:16:39,810 --> 00:16:44,270
The chair will entertain the motion and the discussion on PL 2628.

257
00:16:45,650 --> 00:16:48,830
I would make a motion to approve PL 2628.

258
00:16:50,090 --> 00:16:52,920
The chair will take a second edition final plan.

259
00:16:55,580 --> 00:16:56,180
Mark.

260
00:16:56,460 --> 00:16:57,600
Mark on the motion.

261
00:16:58,100 --> 00:16:59,460
Jacob on the second.

262
00:17:00,960 --> 00:17:01,840
Any other discussion?

263
00:17:02,140 --> 00:17:03,300
Boating to seat your permit.

264
00:17:04,340 --> 00:17:04,940
favour.

265
00:17:05,620 --> 00:17:05,900
favour.

266
00:17:07,100 --> 00:17:07,280
favour.

267
00:17:08,220 --> 00:17:08,600
In motion.

268
00:17:08,960 --> 00:17:09,720
Carried unanimously.

269
00:17:09,720 --> 00:17:12,400
I've heard before the County Commissioners.

270
00:17:12,560 --> 00:17:13,160
September 29th.

271
00:17:13,840 --> 00:17:14,880
9 o'clock in the morning.

272
00:17:15,800 --> 00:17:16,560
Item F7.

273
00:17:16,700 --> 00:17:17,380
Public hearing.

274
00:17:17,580 --> 00:17:18,880
To consider a resound.

275
00:17:19,360 --> 00:17:19,960
26th.

276
00:17:19,960 --> 00:17:28,760
And a request for change in zoning from AG 42RE on the property located at 13100 South West

277
00:17:28,760 --> 00:17:31,600
15th Street, Beton Kansas Staff.

278
00:17:32,080 --> 00:17:36,280
I'll mention, Theresa Morgan on the track of land containing 40 plus or minus acres.

279
00:17:36,380 --> 00:17:41,400
The property is located at the northwest corner of southwest 15th Street and southwest Indian

280
00:17:41,400 --> 00:17:42,020
Null Road.

281
00:17:42,160 --> 00:17:42,780
Ben Kansas.

282
00:17:42,980 --> 00:17:45,900
The property is currently zone to AG 40.

283
00:17:46,120 --> 00:17:49,160
The owner wishes to reason the property to residential estates.

284
00:17:49,160 --> 00:17:54,080
This would allow the property owner split out, split the property into two tracks.

285
00:17:54,740 --> 00:17:59,740
The track containing the existing home would be 22 plus or minus acres in size, and the other

286
00:17:59,740 --> 00:18:02,360
track would be 18 plus or minus acres in size.

287
00:18:03,160 --> 00:18:09,940
The owner desires to dig one of their tracks to a son, property is located inside the urban

288
00:18:09,940 --> 00:18:15,160
growth area that county, property is surrounded by Ag 40 RE and RR zone properties.

289
00:18:15,160 --> 00:18:18,600
It is located approximately three quarters of the mile from the city.

290
00:18:19,420 --> 00:18:24,120
It then properties in the immediate area appear to be used for residential and agricultural purposes.

291
00:18:24,480 --> 00:18:28,340
As mentioned, the current zoning classification in the area are active for the RE and RR.

292
00:18:29,040 --> 00:18:32,400
Stafflies that impact on surrounding land uses would not be detrimental,

293
00:18:32,740 --> 00:18:36,240
since it would allow for only the addition of one residential home.

294
00:18:36,880 --> 00:18:40,760
Stafflies, the intended land use would be compatible with other land uses in the area

295
00:18:40,760 --> 00:18:43,000
as the parcel sizes would be larger in nature.

296
00:18:43,000 --> 00:18:46,980
There are similar sized lots in the area containing single-family dwellings.

297
00:18:48,140 --> 00:18:51,360
If a new home were to be constructed, it would be serviced by public water.

298
00:18:52,200 --> 00:18:56,580
A new home would be serviced by private wastewater system, electricity provided by

299
00:18:56,580 --> 00:19:01,320
Butler rule, electric, southwest, 15th street, and southwest, Indianola Road, or gravel

300
00:19:01,320 --> 00:19:06,100
roadways maintained by Benton Township, there are no FEMA map floodplain areas located on

301
00:19:06,100 --> 00:19:06,680
the property.

302
00:19:08,000 --> 00:19:12,160
The county's comprehensive plan would consider this an extra territorial jurisdiction,

303
00:19:12,160 --> 00:19:17,980
in ETA area that is located inside the urban growth area boundary, based on the location

304
00:19:17,980 --> 00:19:19,620
in the fact that services can be provided.

305
00:19:19,800 --> 00:19:23,580
Staff feels the request is in conformance with the county's comprehensive plan.

306
00:19:24,360 --> 00:19:29,400
Staff has received no phone calls for against the proposed zoning change request, and staff

307
00:19:29,400 --> 00:19:31,780
recommends approval based on the location of the property.

308
00:19:31,960 --> 00:19:35,600
The property is inside the urban growth area and the properties around it have similar

309
00:19:35,600 --> 00:19:36,060
uses.

310
00:19:37,800 --> 00:19:39,240
Questions for staff?

311
00:19:41,390 --> 00:19:43,070
Is that a can or someone representing?

312
00:19:55,500 --> 00:19:59,980
I'm Alan Morgan, I'm the owner of the property and I agree with everything that Toby's talked about.

313
00:20:00,820 --> 00:20:05,350
Questions for all. Thank you, sir.

314
00:20:08,560 --> 00:20:12,000
Any other anyone else here to speak on this case?

315
00:20:21,860 --> 00:20:23,700
Okay. Anyone else?

316
00:20:24,420 --> 00:20:32,900
Not Jericho's public hearing. Sheryl, entertain the motion and order discussion on RZ-206-10.

317
00:20:32,900 --> 00:20:38,780
Mr. Chairman, I'll make a motion to approve RZ26-10 as president.

318
00:20:39,160 --> 00:20:41,600
Current on the motion is there, second, second.

319
00:20:41,960 --> 00:20:45,600
Jacob on the second, further discussion,

320
00:20:46,700 --> 00:20:51,840
permit voting procedure, favor, favor, favor, favor.

321
00:20:52,220 --> 00:20:56,180
Motion carried six here, those before the can of commissioners

322
00:20:56,180 --> 00:20:59,260
on a clock up here at September 29.

323
00:20:59,260 --> 00:21:07,420
item FAA to public hearing to consider Rezone 2611, a request to change in zoning from

324
00:21:07,420 --> 00:21:16,480
AG-40 to RR on the property located at 2505 South West Shumway Road, El Dorado Kansas

325
00:21:17,220 --> 00:21:17,560
staff.

326
00:21:18,600 --> 00:21:23,860
The RK enterprises owns a track of land containing 74 plus or minus acres, property is located

327
00:21:23,860 --> 00:21:28,140
at the northwest corner of South West Shumway Road and South West 30th Street, El Dorado

328
00:21:28,140 --> 00:21:31,500
Kansas property is currently zoned at 40.

329
00:21:31,940 --> 00:21:34,620
The owner wishes to rezone the property to rural residential.

330
00:21:34,960 --> 00:21:38,800
This would allow the owner to follow up with a four-law pulmonary plan.

331
00:21:39,220 --> 00:21:43,260
The lot sizes would be approximately 18 plus or minus acres in size.

332
00:21:44,180 --> 00:21:48,500
The property is located inside the urban area of the county property surrounded by

333
00:21:48,500 --> 00:21:51,020
act 40 in our own properties.

334
00:21:51,620 --> 00:21:56,760
It is less than two miles east of the city of Twanda and approximate one mile west

335
00:21:56,760 --> 00:21:58,940
of Eldorado's growth area.

336
00:22:00,100 --> 00:22:04,060
Staff leaves the intended land use would be compatible with other land uses in the area

337
00:22:04,060 --> 00:22:06,400
as parcel sizes would be larger in nature.

338
00:22:07,700 --> 00:22:11,840
The purpose of the district is to provide provided low-density developments which retain

339
00:22:11,840 --> 00:22:13,500
the character of the rural area.

340
00:22:14,360 --> 00:22:19,520
The property is suitable as a rural water does exist and other services can be provided.

341
00:22:20,580 --> 00:22:23,800
The owner makes a request to create a low-density plated subdivision.

342
00:22:23,800 --> 00:22:29,160
The current property has been developed as it does contain a single family dwelling in a

343
00:22:29,160 --> 00:22:31,880
cup of accessory dwellings at this time.

344
00:22:32,760 --> 00:22:36,760
The current home is serviced by public water roll water district four.

345
00:22:37,220 --> 00:22:41,360
There is a six-inch line that runs along some way in a three-inch line, running along

346
00:22:41,360 --> 00:22:46,480
30-threat, the additional meters can be provided in the owner has confirmed that they will

347
00:22:46,480 --> 00:22:47,780
provide the public water.

348
00:22:47,780 --> 00:22:51,600
Any new home would utilize a private wastewater system.

349
00:22:52,300 --> 00:22:54,640
Electricity is provided by Evergy.

350
00:22:55,140 --> 00:22:57,540
South West Shumway Road and South West Third East Street

351
00:22:57,540 --> 00:23:00,420
are a gravel roadways maintained by Twanda's Township.

352
00:23:01,120 --> 00:23:03,800
The county's comprehensive plan would consider this area

353
00:23:03,800 --> 00:23:06,360
a periphery area that is located inside the urban

354
00:23:06,360 --> 00:23:07,260
growth area boundary.

355
00:23:07,840 --> 00:23:10,020
This area, as mentioned in the comprehensive plan,

356
00:23:10,120 --> 00:23:12,200
is meant to be a low-to-medium density area.

357
00:23:13,040 --> 00:23:16,640
Because of the location, because the location is located inside

358
00:23:16,640 --> 00:23:20,660
urban growth area, and because the change will maintain a low density in the area, staff

359
00:23:20,660 --> 00:23:24,560
filtered quests would be in conformance with the county's comprehensive plan.

360
00:23:26,420 --> 00:23:29,740
Staff does recommend approval based on the location of the property and the character

361
00:23:29,740 --> 00:23:33,740
in condition of the surrounding neighborhood. Staff does believe it's in conformance

362
00:23:33,740 --> 00:23:42,040
at the compound and proposed future development is low density. Staff has heard from some

363
00:23:42,040 --> 00:23:46,520
of the surrounding neighbors who are not in favor of the rezoning. Staff has tried to

364
00:23:46,520 --> 00:23:53,620
summarize some of the concerns, and I did provide you with some of the communications that

365
00:23:53,620 --> 00:23:54,340
are on your desk.

366
00:23:54,880 --> 00:24:01,260
The RR's zone and classification that proposed the future lots are 18 acres in size and

367
00:24:01,260 --> 00:24:04,300
the RR district allows for a maximum of 10 acre lots.

368
00:24:05,560 --> 00:24:09,560
There are no RR's own properties within a mile of the property.

369
00:24:09,560 --> 00:24:15,780
The property does not serve as a transition between agricultural and residential lands.

370
00:24:16,840 --> 00:24:20,980
There are some safety concerns at the corner of Southwest Shumway Road.

371
00:24:22,520 --> 00:24:28,680
The Evergy Transmission Line Quarter traverses the property diagonally, which could be a land use constraint.

372
00:24:29,600 --> 00:24:33,960
The adequacy of water supply and the capacity and safety of the surrounding roadways.

373
00:24:35,240 --> 00:24:43,820
So, in a review of that, I think there is one possibly valid complaint that staff believes

374
00:24:43,820 --> 00:24:50,400
in that the proposed feature lots might be 18 acres in size as opposed to the maximum

375
00:24:50,400 --> 00:24:53,360
10 acres per the rural residential zoning district.

376
00:24:53,620 --> 00:24:58,500
Although we've allowed those in past by sticking to the minimum requirement.

377
00:25:00,210 --> 00:25:11,210
I will make a suggestion if the property owner is down for it, and wants to make the change the request.

378
00:25:11,550 --> 00:25:19,550
But the board could consider as a post to a rural residential property rezoning it to residential estates or E.

379
00:25:19,550 --> 00:25:29,330
So that would allow for five minimum of five acres and maximum of 39.99 acres.

380
00:25:30,590 --> 00:25:33,790
With that Chairman, I'll turn it over to you.

381
00:25:33,930 --> 00:25:35,070
Questions for staff?

382
00:25:36,910 --> 00:25:38,710
Did you get anything from the township?

383
00:25:39,070 --> 00:25:41,290
I haven't heard anything from township, no.

384
00:25:42,510 --> 00:25:44,150
Is the applicant or someone representing?

385
00:25:49,200 --> 00:25:50,040
Hi, thanks Kim.

386
00:25:50,040 --> 00:25:51,840
bring up with the BRK enterprises.

387
00:25:53,500 --> 00:25:54,740
Everything Toby said was correct.

388
00:25:55,340 --> 00:25:57,960
I am totally fine with doing the root residential

389
00:25:57,960 --> 00:25:58,800
estate zoning.

390
00:26:00,000 --> 00:26:02,860
When we initially bought this, we had planned on shooting

391
00:26:02,860 --> 00:26:05,140
for five acre tracks, but throughout conversation,

392
00:26:05,400 --> 00:26:08,100
both with Toby and with just partners

393
00:26:08,100 --> 00:26:11,120
and whatnot, we decided that the four lot split

394
00:26:11,120 --> 00:26:13,040
would be more conducive to the area.

395
00:26:14,780 --> 00:26:19,020
I understand, you know, some of the, I guess I don't,

396
00:26:19,020 --> 00:26:22,380
the attorney land owner is having a issue with it. I guess I'm kind of struggling with some

397
00:26:22,380 --> 00:26:28,800
of that. Our intent is to have a single access point on Shumway Road and then a shared

398
00:26:28,800 --> 00:26:33,540
access point, I'm sorry, a single additional access on Shumway. There's already an existing

399
00:26:33,540 --> 00:26:37,920
one for the current house. It's an old single wide that's trashed hasn't been lived in

400
00:26:37,920 --> 00:26:43,020
a year, so not exactly a great asset to the neighborhood. So we would add an additional

401
00:26:43,020 --> 00:26:49,520
access point at the, basically, the 38 acre mark that would be a shared access for two residences.

402
00:26:50,320 --> 00:26:52,940
And then an additional access off of 30th.

403
00:26:53,400 --> 00:26:59,560
So the point would be to try to keep the traffic on Shemway going to 20th and the traffic on 30th going to Ohio.

404
00:27:00,000 --> 00:27:07,060
So that you don't have the concern of the corner because I do, I understand the safety as far as if someone comes speeding around that corner.

405
00:27:07,240 --> 00:27:09,600
It would be kind of kind of dicey.

406
00:27:09,600 --> 00:27:13,740
Currently, this is a pasture that really doesn't get any use.

407
00:27:13,920 --> 00:27:14,920
It's not productive at all.

408
00:27:15,040 --> 00:27:16,720
It's not giving any kind of tax revenue.

409
00:27:17,300 --> 00:27:18,980
What we would propose would do that.

410
00:27:19,260 --> 00:27:23,240
We're also trying to fill kind of a void that exists in the residential market.

411
00:27:23,340 --> 00:27:27,840
I mean, if you guys have paid attention to lots that are available in the circle school district,

412
00:27:28,420 --> 00:27:36,300
you can get five acre tracks for $150,000 or you can buy 40 acre parcels that are $4,500,000.

413
00:27:36,300 --> 00:27:41,060
So if you want to have a horse or, you know, goats or whatever, it's real hard to do on

414
00:27:41,060 --> 00:27:43,160
five acres and a lot of people can't afford 40.

415
00:27:43,660 --> 00:27:48,860
And this would be a 20 acre parcel or 18 or 20 acres that would allow that more of an

416
00:27:48,860 --> 00:27:55,060
agricultural residential blend without being heavy density, but also still being in the

417
00:27:55,060 --> 00:27:58,140
circle of school district, where it's really hard to find those kind of tracks.

418
00:27:59,680 --> 00:28:00,480
So questions.

419
00:28:00,880 --> 00:28:03,300
And you're not going to go more than four than no.

420
00:28:06,720 --> 00:28:14,300
Yeah, we talked to, I'm sorry, we talked to the water district and they said they were enough to do the four tracks.

421
00:28:15,020 --> 00:28:18,800
And my question was, was the land being used and you answered that?

422
00:28:19,360 --> 00:28:19,680
No, no.

423
00:28:20,540 --> 00:28:25,860
There's already one water meter on site at that, the north end, and so we would add three more.

424
00:28:26,200 --> 00:28:27,820
Your plans are to tear that house down.

425
00:28:28,020 --> 00:28:28,340
Correct.

426
00:28:28,340 --> 00:28:33,940
Yeah, and if everybody wants us to, we can restrict it to where, you know, it's sight-built

427
00:28:33,940 --> 00:28:38,660
homes or whatever, you know, we don't want to be bad neighbors, but we're also trying to,

428
00:28:38,660 --> 00:28:42,360
I guess I'd keep this affordable for people too, and a lot of people, there's some really

429
00:28:42,360 --> 00:28:46,360
nice, true modular homes that are out there, you know, I'm getting right by one myself, and

430
00:28:46,360 --> 00:28:49,700
sometimes you have to, you know, allow that kind of stuff.

431
00:28:51,400 --> 00:28:52,040
Questions?

432
00:28:53,080 --> 00:28:53,580
Good questions.

433
00:28:56,690 --> 00:29:01,130
What was the deal on the power of our own?

434
00:29:01,130 --> 00:29:02,350
It ran the signal.

435
00:29:05,190 --> 00:29:11,470
So they felt like there was peace and concerns there as far as because it was running

436
00:29:11,470 --> 00:29:15,630
diagonal across the property when we found my notes again.

437
00:29:15,830 --> 00:29:19,470
Is that a transmission line?

438
00:29:23,950 --> 00:29:33,790
I mean, you don't have any concerns, do you have a piece of advice on this, do you?

439
00:29:33,870 --> 00:29:37,790
Now, I actually serve on a foundation panel for a lot, and this season it was done prior

440
00:29:37,790 --> 00:29:41,550
to the nuance that they're doing that take a lot of time for the spindle and this does,

441
00:29:42,170 --> 00:29:49,450
because the reason it is restricted just to have a power line is, and that's just...

442
00:29:51,450 --> 00:29:54,450
Oh, okay, I got you.

443
00:29:54,830 --> 00:29:57,210
Okay, I could see where they've moved on the neighbor's factory.

444
00:29:57,810 --> 00:29:58,450
Yeah, yeah.

445
00:29:59,490 --> 00:29:59,970
Okay.

446
00:30:00,000 --> 00:30:04,480
Yeah, it shows there on that matter. Yeah, you can see it on across there.

447
00:30:04,660 --> 00:30:08,780
It's a really innocent set on your facts. Two lots on there.

448
00:30:09,060 --> 00:30:13,000
Yeah, the two. And one of them already has a house on it, so it's really only one that's getting

449
00:30:13,000 --> 00:30:17,900
a house that would have a power line. And I guess I wouldn't understand that being a safety issue

450
00:30:17,900 --> 00:30:22,460
considering power lines run right up against heavily populated places everywhere.

451
00:30:22,680 --> 00:30:27,320
Well, I wasn't so much coming out of front of the safety perspective as much as just

452
00:30:29,000 --> 00:30:34,140
you know, building with them and out of that, these meant to make sure that it's

453
00:30:34,140 --> 00:30:35,440
have plenty of room to do so.

454
00:30:38,040 --> 00:30:41,260
We're not up here asking for permits as on set.

455
00:30:41,600 --> 00:30:44,020
That's not right.

456
00:30:45,460 --> 00:30:46,340
Good point.

457
00:30:46,520 --> 00:30:48,280
No, we shouldn't have any of that issue.

458
00:30:48,720 --> 00:30:50,020
Thank you for those response.

459
00:30:51,280 --> 00:30:52,080
Another question.

460
00:30:55,730 --> 00:30:56,370
Thank you, Kim.

461
00:30:56,790 --> 00:30:57,030
Thank you.

462
00:30:57,030 --> 00:30:59,750
comes up, we'll bring you back at it.

463
00:31:00,030 --> 00:31:02,190
Anyone else here to speak to this case?

464
00:31:13,020 --> 00:31:14,980
All right, I'm Justin Hopper.

465
00:31:15,680 --> 00:31:18,740
I'm one of the landowners in the affected area.

466
00:31:19,300 --> 00:31:23,080
I came up to read the letter that was submitted to Toby.

467
00:31:23,740 --> 00:31:26,000
I'm sure all of you guys have it.

468
00:31:26,680 --> 00:31:30,300
And five, eight, five, seven, southwest, 30th Street.

469
00:31:31,680 --> 00:31:40,260
So, representing 16 of the immediate landowners as per the attached back.

470
00:31:42,790 --> 00:31:48,550
So, we're in opposition of the request concerns based on the stated purpose and intent

471
00:31:48,550 --> 00:31:55,970
of Butler County zoning regulations and the long-term preservation of the agricultural land use in the area.

472
00:31:55,970 --> 00:32:13,090
So, article 8 of the Butler County Sowning Regulation states that rural residential district is intended to provide low-density development that retains character of rural area and serves as a transition area between agricultural lands and low-density development.

473
00:32:13,710 --> 00:32:25,950
The regulation further states that the rural residential district is inappropriate in areas predominantly agricultural, in character, where public services are adequate only to meet the needs of farm.

474
00:32:25,950 --> 00:32:28,170
residents and farm operations.

475
00:32:30,390 --> 00:32:34,270
The areas surrounding the subject property remains overwhelmingly

476
00:32:34,270 --> 00:32:40,570
agricultural in nature. More importantly, the property does not appear to function as a transition

477
00:32:40,570 --> 00:32:46,570
area between existing rural residential development and agricultural land. And to the best of

478
00:32:46,570 --> 00:32:52,970
our knowledge, there are no existing rural residential zones within a mile in each direction.

479
00:32:53,990 --> 00:33:01,150
Proposed rezoning, with therefore created an isolated rural residential district in a predominantly agricultural area,

480
00:33:01,730 --> 00:33:09,710
rather than serving as a transition between agricultural and residential land uses, as envisioned by the purpose of the district.

481
00:33:11,190 --> 00:33:19,190
The application materials indicate that approximately 73.7 acres are proposed to be divided into four residential lots.

482
00:33:19,190 --> 00:33:24,690
article eight establishes the minimum lot size and the maximum of our minimum of three

483
00:33:24,690 --> 00:33:30,210
actors and the maximum of ten. And sort of we've kind of discussed through that part of

484
00:33:30,210 --> 00:33:37,850
we have, but she is accepted by rezoning to R.E. would even further do that. And it's not

485
00:33:37,850 --> 00:33:43,790
it's not an intent on to whether it is what it is today. The zoning and repurposing of the

486
00:33:43,790 --> 00:33:51,130
stands. So no matter what's decided today for the four lots, the zoning still stands beyond

487
00:33:51,130 --> 00:34:03,010
the side of this council. Are this commission, right? Agreed? So we're concerned that the approval

488
00:34:03,010 --> 00:34:09,870
of the rural residential district and predominantly agriculture area establishes a precedence

489
00:34:09,870 --> 00:34:19,570
And can be taken further and in where isolated zones created in more districts will further

490
00:34:19,570 --> 00:34:24,310
degrade the intent of the Ag-40 that's in place currently in the area.

491
00:34:26,010 --> 00:34:32,170
So it's not a question I don't think of whether the four lots are reasonable, it's a question

492
00:34:32,170 --> 00:34:39,130
of whether this meets the intent, I'm purpose of the Ag-40 that's set in place and was commissioned

493
00:34:39,130 --> 00:34:44,830
for this area in the beginning to protect the agricultural areas in this zone.

494
00:34:46,030 --> 00:34:50,130
And I'm sure that there are other landowners here that want to speak to this matter as well.

495
00:34:50,430 --> 00:34:51,370
So thank you.

496
00:35:03,280 --> 00:35:19,740
Members of the Commission, thank you very much for allowing me to speak this evening. My name is Jason Fensky. I'm at 6286F less 30th. I am the property adjoining to the west side along the entire tract. We are prone to own approximately an 80, that's the adjoining 80.

497
00:35:21,520 --> 00:35:26,560
Inside of everything that's already been said, I think that I can whip a dead horse

498
00:35:26,560 --> 00:35:32,260
15 different times on this, but when I built my house in the last five years, I was

499
00:35:32,260 --> 00:35:36,500
required in APO when we made the lot split to be able to do this.

500
00:35:36,920 --> 00:35:42,500
stipulated inside of the APO, I am required to go and have a joining sewer to be able to

501
00:35:42,500 --> 00:35:43,360
release that.

502
00:35:44,220 --> 00:35:49,200
So when we go to low-density residential around my property, which we're setting precedent

503
00:35:49,200 --> 00:35:55,840
for this point. How will I ever be released from my APO as I'm encircled by an overall residential

504
00:35:55,840 --> 00:36:02,200
or an RE? And then basically there's no sewer ever provided because those zoning do not

505
00:36:02,200 --> 00:36:10,160
require sewer. So I end up in an island as a Ag-40 Ag-80 and I have no way of being able to

506
00:36:10,160 --> 00:36:17,880
release. My property is essentially devalued because it's Ag, whereas I will end up eventually

507
00:36:17,880 --> 00:36:21,700
inside of a rural residential or a circle around this, and then in

508
00:36:21,700 --> 00:36:25,860
a conference we'll be put against my land. So with this type of

509
00:36:25,860 --> 00:36:29,940
situation, is there a method inside of this to actually have the

510
00:36:29,940 --> 00:36:38,000
APO released or is that even possible for this? Because again, I'm in an

511
00:36:38,000 --> 00:36:43,680
urban interface, it's being created at this point, but I basically will never

512
00:36:43,680 --> 00:36:47,480
have the urban interface, and that's a seri-tural ECAPO.

513
00:36:48,600 --> 00:36:54,940
That's part of the APOs when they were established, and it's been a question on this

514
00:36:54,940 --> 00:37:03,180
board that we stress highly that when an APO was put down that they understand nothing can

515
00:37:03,180 --> 00:37:03,540
happen.

516
00:37:03,840 --> 00:37:07,200
But an APO is compulsory to be able to get our lots of left.

517
00:37:07,260 --> 00:37:10,360
We are already in construction at that point, or going through process.

518
00:37:10,360 --> 00:37:13,260
We had already had everything put in the play.

519
00:37:13,880 --> 00:37:17,980
This council required the APO to be able to do this.

520
00:37:18,400 --> 00:37:20,640
I would love to say it was voluntary, but it was not.

521
00:37:20,800 --> 00:37:22,300
It was very specific.

522
00:37:24,000 --> 00:37:27,680
And the placing of these low-density zones

523
00:37:27,680 --> 00:37:31,040
against these rural properties that are in these APOs

524
00:37:31,040 --> 00:37:34,840
will create a perpetual state of being unable

525
00:37:34,840 --> 00:37:36,880
to go in and ever release the APO,

526
00:37:37,260 --> 00:37:38,800
because the urban interface high density

527
00:37:38,800 --> 00:37:41,060
will never be able to make contact with my property.

528
00:37:47,070 --> 00:37:51,890
I have the same other issues I was in on the meetings that

529
00:37:51,890 --> 00:37:55,870
went and did this to go in and go through the RR stipulations.

530
00:37:55,950 --> 00:38:00,650
Obviously we've worked out the ability to go and work around the size

531
00:38:00,650 --> 00:38:04,670
and everything else, but also I'm on the end of that water line.

532
00:38:04,990 --> 00:38:09,890
There is not adequate water to be able to go and feed the water pressure

533
00:38:09,890 --> 00:38:11,970
is poor to begin with for words at.

534
00:38:11,970 --> 00:38:17,030
And there's not adequate to be able to go and feed maybe the three, four, one way or the other.

535
00:38:17,190 --> 00:38:19,430
But again, we're on the low end of water pressure.

536
00:38:19,710 --> 00:38:24,370
And I know that World Water District 4 was contacted on this for where it's at.

537
00:38:25,610 --> 00:38:29,650
But again, as a person who actually has experience on this,

538
00:38:30,010 --> 00:38:35,250
this will cause various encoverances on my property that I really don't know how to get out of.

539
00:38:36,110 --> 00:38:38,190
So, is there any suggestion on that?

540
00:38:38,190 --> 00:38:43,390
And, kind of, staff, did you say there was two different water wines going to it?

541
00:38:44,050 --> 00:38:44,790
I believe there was six.

542
00:38:45,170 --> 00:38:45,190
Yes.

543
00:38:45,350 --> 00:38:45,910
There was two.

544
00:38:46,610 --> 00:38:48,770
I'm on the three down on the bottom end.

545
00:38:49,070 --> 00:38:50,550
But I'm also with this.

546
00:38:50,630 --> 00:38:55,110
Can you bring up the photo of the actual overlay of property?

547
00:38:56,870 --> 00:38:59,050
So this is not correct.

548
00:38:59,950 --> 00:39:02,210
This was actually convenient, specifically

549
00:39:06,050 --> 00:39:08,030
put about halfway through this.

550
00:39:08,030 --> 00:39:13,890
It goes all the way up and somewhat of a diagonal coming through, so that a lower access doesn't

551
00:39:13,890 --> 00:39:14,450
even exist.

552
00:39:14,650 --> 00:39:17,270
We're establishing our fence line back again on this.

553
00:39:17,450 --> 00:39:20,570
It has a glimpse of this point of time that property actually looks bigger.

554
00:39:21,390 --> 00:39:26,450
But again, Mr. Gaudetti, how does it go to that key survey to excuse me, Gerald?

555
00:39:26,850 --> 00:39:28,130
What does it want to actually do this?

556
00:39:28,130 --> 00:39:29,550
We want to sound ten this morning.

557
00:39:29,850 --> 00:39:35,030
It's right in the middle of the existing existing, the existing gateway.

558
00:39:35,030 --> 00:39:39,570
And that will not be inaccessible to this amount.

559
00:39:40,990 --> 00:39:41,630
Any questions?

560
00:39:45,880 --> 00:39:46,440
Thank you, sir.

561
00:39:46,960 --> 00:39:47,320
Thank you.

562
00:39:48,380 --> 00:39:50,960
Anyone else, sir, speak to this case?

563
00:39:52,340 --> 00:39:52,770
Anyone else?

564
00:39:55,360 --> 00:39:57,660
Kim, do you want to give any of some answers or response?

565
00:40:00,560 --> 00:40:30,540
So with regard to the gentleman that was just up here, our splitting these in the four tracks will not encumber his property in any way. The APO is the thing that encumbers his property. I sympathize with that a lot. I've had multiple conversations with Toby and lots of people on the detriment that I see that APOs are. And I know the county's working towards a mechanism to get those removed. I tell my clients, don't ever sign up for one if you can help it. It's lost on me why he would have been required to do that when he was

566
00:40:30,540 --> 00:40:35,500
building a house on 80 acres in an ag forties own. I don't know why an APO would have been

567
00:40:35,500 --> 00:40:40,400
required unless he was trying to do something for financing. But as you can see on

568
00:40:40,400 --> 00:40:41,060
that GIS map.

569
00:40:41,060 --> 00:40:43,480
That's most generally the reason that's being sent.

570
00:40:43,680 --> 00:40:48,600
Right. So it just don't see what has anything to do with our land. When you talk about urban

571
00:40:48,600 --> 00:40:54,340
density development coming to meet his or ours, I don't know when the last time to

572
00:40:54,340 --> 00:40:59,340
want to had any significant growth. And I don't see all Dorado really coming this way because

573
00:40:59,340 --> 00:41:03,200
there's a lot, you can't see it on the GIS map right there, but just north of that, there's

574
00:41:03,200 --> 00:41:07,480
a lot of oil production. A lot of that land up there doesn't have the mineral rights intact

575
00:41:07,480 --> 00:41:11,960
and there's not going to be a demand for development of that. I don't think in my lifetime.

576
00:41:13,140 --> 00:41:17,460
So by the time this would ever be urban, I mean, I just didn't even like don't know when that

577
00:41:17,460 --> 00:41:20,820
would be. I think if Twanda was going to grow, it would grow to the west towards which

578
00:41:20,820 --> 00:41:26,820
taught anyway. So, you know, we're in between oil fields and a turnpike with a power line

579
00:41:26,820 --> 00:41:31,860
going through us at no ag production. I don't think we're hurting the area by making this

580
00:41:31,860 --> 00:41:38,720
for the four parcels. As far as the water meter concern, I do, I'll absolutely listen

581
00:41:38,720 --> 00:41:43,160
to that from what I was told from the water district. The line on Shumway is a larger line

582
00:41:43,160 --> 00:41:47,500
than the line on 30th, so if we need to get in the water district we'll determine that.

583
00:41:47,500 --> 00:41:53,240
If we need to have another access point from the line on Shumway for that fourth lot, then

584
00:41:53,240 --> 00:41:58,060
we can do that. And of course, whatever the survey shows it shows, I was drawing those lines

585
00:41:58,060 --> 00:42:02,040
based on the GIS map, which admittedly is not always accurate, but I'm not a surveyer.

586
00:42:03,520 --> 00:42:03,680
So.

587
00:42:04,040 --> 00:42:05,320
Questions for again?

588
00:42:10,120 --> 00:42:13,480
Thank you. Staff, anything else?

589
00:42:14,020 --> 00:42:27,540
Just a couple of things. I would like to speak to the APO just for a moment. So that is a

590
00:42:27,540 --> 00:42:37,800
You know, as areas grow up in and around cities and or right outside of cities and where

591
00:42:37,800 --> 00:42:42,280
we've seen a lot of rural residential grow or residential states or some of the other

592
00:42:42,280 --> 00:42:43,560
zoning classifications.

593
00:42:45,400 --> 00:42:50,240
It is something I want the planning board to look at in the future for when we start updating

594
00:42:50,240 --> 00:42:57,520
our rags to say to at least consider, do we need to have a mechanism in place for those

595
00:42:58,340 --> 00:43:04,180
properties that are specifically maybe located inside the urban growth area boundary where we

596
00:43:04,180 --> 00:43:11,160
are expecting some lower density or medium density subdivisions to go or anything like that.

597
00:43:11,240 --> 00:43:17,980
Just keep that on your radar. It is a staff concern. You know, some of these APOs were put in place

598
00:43:17,980 --> 00:43:24,880
a long time ago until public sewer is brought in. They cannot be removed. I mean, that's the

599
00:43:24,880 --> 00:43:28,420
regulation reads, so it is just something to consider.

600
00:43:29,000 --> 00:43:34,040
The other thing, staff does have available for you, and I can read that for you the

601
00:43:34,040 --> 00:43:41,240
residential estates, if that's a consideration, I'm happy to do so with the district's

602
00:43:41,240 --> 00:43:43,040
purposes in that manner.

603
00:43:44,500 --> 00:43:44,820
Is that what you want?

604
00:43:47,220 --> 00:43:51,680
This regulation set forth an article set forth elsewhere in these regulations, when referred

605
00:43:51,680 --> 00:43:54,320
to in this our regulations in the residential

606
00:43:54,320 --> 00:43:55,380
of states district.

607
00:43:56,040 --> 00:43:58,000
The purpose of this district is to provide

608
00:43:58,000 --> 00:43:59,780
for plotted low-density developments,

609
00:44:00,080 --> 00:44:02,340
which retain the character of the rule area.

610
00:44:02,880 --> 00:44:05,440
The district is intended to serve as a low-density

611
00:44:05,440 --> 00:44:08,620
area of development within the urban growth area.

612
00:44:09,060 --> 00:44:11,120
But outside the city's planning area,

613
00:44:11,680 --> 00:44:14,880
it is suitable in rule locations inside the UGA

614
00:44:14,880 --> 00:44:18,000
where adequate public roads, public services are available.

615
00:44:18,480 --> 00:44:20,760
But it is not suitable in rule locations.

616
00:44:20,760 --> 00:44:27,300
in all rural locations. It is inappropriate and areas predominantly agricultural and

617
00:44:27,300 --> 00:44:32,720
character where public services are adequate only to meet the needs of farm residents

618
00:44:32,720 --> 00:44:35,740
and farm operations. Chairman.

619
00:44:44,450 --> 00:44:45,950
Give your name just a thing.

620
00:44:46,390 --> 00:44:55,410
Kim Brungard. With regard to the ag use being the predominant use, I would maintain that the

621
00:44:55,410 --> 00:44:59,970
not being used as egg. The first one, and that talked appears to me.

622
00:45:00,000 --> 00:45:11,220
So live diagonally across the term pike, which wouldn't even be able to see our property, because of the term pike, also appears to be a role residential site. I don't think there's any significant ag going on there.

623
00:45:13,640 --> 00:45:15,260
So okay, I'm sorry then.

624
00:45:15,260 --> 00:45:15,400
What?

625
00:45:18,000 --> 00:45:18,880
So, sir.

626
00:45:19,720 --> 00:45:21,100
Well, well, well, well, well, well, well.

627
00:45:21,100 --> 00:45:22,560
I apologize, I'm not.

628
00:45:23,660 --> 00:45:26,180
But, but you guys, are you guys a little cost to turn pipe though?

629
00:45:26,980 --> 00:45:27,000
Okay.

630
00:45:28,200 --> 00:45:29,140
I won't make sure I'd better.

631
00:45:29,200 --> 00:45:29,700
Thank you.

632
00:45:29,980 --> 00:45:30,160
Sorry.

633
00:45:32,320 --> 00:45:33,520
Staff, anything else?

634
00:45:33,620 --> 00:45:34,000
No, sir.

635
00:45:34,660 --> 00:45:37,940
This time, Cheryl, close the public here in Cheryl, entertain a motion.

636
00:45:38,560 --> 00:45:40,680
On RZ 2611.

637
00:45:52,710 --> 00:45:54,610
Jeff, is this a motion or a discussion?

638
00:45:54,610 --> 00:45:56,610
Or discussion

639
00:46:01,760 --> 00:46:10,580
is the APO deal in the way it's structured is something that adamantly needs to be

640
00:46:10,580 --> 00:46:21,820
interested because as we are speak to the mic, we can hear it, sorry,

641
00:46:27,890 --> 00:46:30,130
as we are looking

642
00:46:30,130 --> 00:46:38,590
had best-suited uses for some of these things. I do think that we are going to need the

643
00:46:38,590 --> 00:46:45,230
ability to remove some APOs so that we don't create landlord-locked parcels and have

644
00:46:45,230 --> 00:46:54,590
the ability to use more inner cul-de-sax common-drive with these things like that.

645
00:46:56,540 --> 00:46:58,680
especially within the earth and in the earth and in the earth.

646
00:47:02,350 --> 00:47:07,950
Well, like I said, the only reason that he was because the bank required it.

647
00:47:07,970 --> 00:47:12,190
We didn't require it to bank required it because the only way he could get along

648
00:47:12,190 --> 00:47:15,870
is to break off five acres because the bank won't pay.

649
00:47:16,810 --> 00:47:21,090
I know how, I mean, we've heard this many times up here.

650
00:47:21,090 --> 00:47:35,030
And so, I mean, he could have went basically the route that Kim's gone and plided the whole thing and had it down at that time, but all he was looking at was the five acres.

651
00:47:35,930 --> 00:47:44,330
Yeah, so, I mean, I understand what you're saying, but we didn't require it, but we did at the same time.

652
00:47:44,330 --> 00:47:52,690
Because in order to do the homestead loss blitter, the mortgage less blitter, we require him to put the 80 on it from a county regulation standpoint.

653
00:47:53,970 --> 00:47:57,250
So I think the county needs a tool in their bag.

654
00:47:58,150 --> 00:48:04,110
In certain instances, no different than we look at every CUP on a case by case situation.

655
00:48:04,850 --> 00:48:10,610
I think that there needs to be some conversation had going down that red.

656
00:48:14,060 --> 00:48:18,300
And I could say that after we get some of these other regulations out of the way.

657
00:48:19,100 --> 00:48:22,940
Teague is to start on another whole set of regulations.

658
00:48:24,880 --> 00:48:26,220
Any other discussion?

659
00:48:28,830 --> 00:48:30,470
Not chair will take a motion.

660
00:49:01,220 --> 00:49:05,180
How would we get around the APO at this point?

661
00:49:05,620 --> 00:49:07,660
It's not an issue with this point.

662
00:49:08,720 --> 00:49:13,660
Well, in the beginning case, it's not having to really deal with the APO.

663
00:49:14,960 --> 00:49:23,200
I think it's an overall issue we need to deal with and the only way it can be changed is to our regulations at this point, so that's why I'm bringing it up.

664
00:49:23,560 --> 00:49:36,160
My discussion point was not pointed towards this case necessarily as much as just while we had the opportunity to say hey we need to address it, it was just emphasizing that point was all closed.

665
00:49:36,160 --> 00:49:39,180
Yeah, that is not case specific.

666
00:49:48,000 --> 00:49:49,800
Okay, I'll venture out.

667
00:49:50,060 --> 00:49:55,520
I move to approve R.C. 26-11, a resowning property,

668
00:49:55,520 --> 00:49:59,800
for a minute, Ag42 and R.R.R.R.R.

669
00:49:59,840 --> 00:49:59,960
R.E.

670
00:50:00,000 --> 00:50:03,320
Or a week, REK, RR, RRC.

671
00:50:03,640 --> 00:50:05,620
That's part of RR, EZ.

672
00:50:05,960 --> 00:50:11,360
If you're one-inch, if you're not comfortable with RR, because the law size is less, that's not for a recommended

673
00:50:11,360 --> 00:50:11,900
dollar.

674
00:50:12,500 --> 00:50:13,840
Let's go with REK.

675
00:50:14,700 --> 00:50:20,080
And we filled that, and that was all right with the applicants, so that's not in this

676
00:50:20,080 --> 00:50:20,920
view.

677
00:50:22,220 --> 00:50:23,360
Is there a second?

678
00:50:27,260 --> 00:50:28,060
No, second.

679
00:50:29,220 --> 00:50:30,460
Pretty on the second.

680
00:50:31,880 --> 00:50:32,820
Further discussion.

681
00:50:32,820 --> 00:50:32,980
And

682
00:50:35,730 --> 00:50:41,470
the motion is to approve the Reson Cermit, opposed.

683
00:50:42,310 --> 00:50:42,950
Favour.

684
00:50:44,350 --> 00:50:44,990
Favour.

685
00:50:45,650 --> 00:50:45,950
Favour.

686
00:50:46,430 --> 00:50:46,750
Favour.

687
00:50:46,750 --> 00:50:46,870
Favour.

688
00:50:48,190 --> 00:50:48,830
Opposed.

689
00:50:50,010 --> 00:50:51,690
Motion was afforded too.

690
00:50:51,870 --> 00:50:55,550
Is there anything on the opposed side for the can of commissioners?

691
00:50:55,650 --> 00:51:00,510
I was wondering if you can take you.

692
00:51:01,030 --> 00:51:06,790
Well, you see that APL is really not an issue for this case, but in truth,

693
00:51:06,790 --> 00:51:15,810
I've been my opinion it is an issue, so if I was in proper order, it certainly would be an issue.

694
00:51:18,010 --> 00:51:21,510
I would, I would second what he has to say, and I'd also like to see the water issue.

695
00:51:22,010 --> 00:51:26,030
I'd like to see something there. There seems to be a major concern about pressure.

696
00:51:27,630 --> 00:51:30,470
But that's a water district problem at the end of the day.

697
00:51:31,190 --> 00:51:33,410
But I can't still have the same concern for me.

698
00:51:34,610 --> 00:51:34,950
Okay.

699
00:51:34,950 --> 00:51:36,850
Thank you, guys.

700
00:51:37,790 --> 00:51:43,910
Again, it goes before the County Commissioner, September 29, 9 o'clock up here in the

701
00:51:43,910 --> 00:51:44,290
morning.

702
00:51:45,350 --> 00:51:56,210
Item F9, a public hearing to consider RZ-2612, a request for a zoning from Ag-40 to RE on

703
00:51:56,210 --> 00:52:03,190
and properly located at 11,000, 56-some-way south-west-shemway

704
00:52:03,190 --> 00:52:05,610
against the Kansas staff.

705
00:52:06,490 --> 00:52:09,270
Ellen and Colleen were barred on the track of land-containing

706
00:52:09,270 --> 00:52:10,810
39-plus-monna's acres.

707
00:52:10,990 --> 00:52:13,890
The property is located at the southeast corner of south-west-shemway

708
00:52:13,890 --> 00:52:15,770
road and south-west 110-street.

709
00:52:15,870 --> 00:52:16,610
We've got the Kansas.

710
00:52:17,510 --> 00:52:19,550
The property is currently zoned back 40.

711
00:52:19,910 --> 00:52:21,310
Owner wishes to reason on the property

712
00:52:21,310 --> 00:52:22,790
to residential states.

713
00:52:22,790 --> 00:52:25,310
This would allow the owners to split out five plus

714
00:52:25,310 --> 00:52:27,990
money-sakers surrounding existing home and the Northwest

715
00:52:27,990 --> 00:52:29,110
corner of the property.

716
00:52:30,590 --> 00:52:32,370
The property is located inside the urban

717
00:52:32,370 --> 00:52:33,470
growth area of the county.

718
00:52:33,770 --> 00:52:36,770
The property is surrounded by Ag-40, R-E, and R-R-Zone

719
00:52:36,770 --> 00:52:37,250
properties.

720
00:52:37,390 --> 00:52:39,350
It is located approximately one mile southeast

721
00:52:39,350 --> 00:52:40,590
of the city of Gustav.

722
00:52:41,250 --> 00:52:43,730
The properties in the area appear to be used largely

723
00:52:43,730 --> 00:52:46,550
for agricultural purposes and low-density residential.

724
00:52:47,250 --> 00:52:50,010
As mentioned, the current zoning classifications in the

725
00:52:50,010 --> 00:52:52,390
our AG-40 RE and our our zone properties.

726
00:52:52,730 --> 00:52:55,050
Staff leaves the impact on surrounding land use system

727
00:52:55,050 --> 00:52:58,110
not be detrimental since it will allow for the addition

728
00:52:58,110 --> 00:52:59,650
of a new home.

729
00:53:00,010 --> 00:53:02,430
The current property has been developed as it does contain

730
00:53:02,430 --> 00:53:06,290
a single family dwelling in a couple of accessory dwellings.

731
00:53:06,710 --> 00:53:08,430
The current home is serviced by public water

732
00:53:08,430 --> 00:53:11,570
road, water district four in a private wastewater system.

733
00:53:15,130 --> 00:53:17,350
Electricity is provided by a rural electric.

734
00:53:17,350 --> 00:53:21,050
South West Schummer Rose, a gravel roadway maintained by a gust of township.

735
00:53:21,190 --> 00:53:24,890
There are no FEMA map, put plain areas located on the property.

736
00:53:26,150 --> 00:53:28,810
Staff does recommend approval based on location of the property.

737
00:53:29,050 --> 00:53:30,770
The property is inside the urban growth area.

738
00:53:30,950 --> 00:53:34,110
And the splitting of the property does not increase the density of

739
00:53:34,110 --> 00:53:34,570
the development.

740
00:53:35,410 --> 00:53:37,930
The county's comprehensive plan would consider this area a

741
00:53:37,930 --> 00:53:41,110
preferere area that is located inside the urban growth area boundary.

742
00:53:41,710 --> 00:53:43,870
This area, as mentioned in the Comprehensive Management

743
00:53:43,870 --> 00:53:50,330
to meet low to medium density area based on the location and the low density in the area

744
00:53:50,330 --> 00:53:50,990
is maintained.

745
00:53:51,150 --> 00:53:55,750
Staff feels the request is in conformance with the county's comprehensive plan.

746
00:53:56,450 --> 00:54:01,510
Staff has not received any phone calls for against the proposed zoning change.

747
00:54:03,310 --> 00:54:04,630
Questions for staff?

748
00:54:08,070 --> 00:54:09,810
Is the applicant or someone representing?

749
00:54:14,700 --> 00:54:16,740
Brian Peltier with Mr. Stone Serving?

750
00:54:17,220 --> 00:54:17,860
Just can't for questions.

751
00:54:19,620 --> 00:54:21,140
Questions for Ryan?

752
00:54:24,500 --> 00:54:29,440
I may be a little off, so you're wanting to split out five acres.

753
00:54:31,800 --> 00:54:34,280
How many five-acre plots are there?

754
00:54:34,300 --> 00:54:40,760
No, this is one five-acre track to be split off on the northwest corner of the 48-acre

755
00:54:40,760 --> 00:54:41,520
there.

756
00:54:44,860 --> 00:54:49,200
And they, in the future, like to build a home on the remaining acreage.

757
00:54:50,120 --> 00:54:50,580
On the remaining?

758
00:54:55,480 --> 00:54:56,020
Other questions?

759
00:55:00,430 --> 00:55:06,270
30, would be because they're planning another home, so that's why they don't want to do an APO over I believe so.

760
00:55:11,610 --> 00:55:15,570
Any other? Thank you, sir.

761
00:55:16,310 --> 00:55:22,810
Anyone else here to speak to this case? Anyone else here to speak to this case?

762
00:55:23,350 --> 00:55:24,830
Staff, anything else to add?

763
00:55:24,830 --> 00:55:25,310
That's all.

764
00:55:25,690 --> 00:55:30,350
This time, Chair of Close, Public Hearing, Chair of the Intertain Emotion, on R.C.

765
00:55:31,790 --> 00:55:32,390
2612.

766
00:55:38,030 --> 00:55:41,490
Chairman of the motion to approve, R.J. 26, today's 12.

767
00:55:42,230 --> 00:55:43,130
All second.

768
00:55:43,930 --> 00:55:45,050
Kermit on the motion.

769
00:55:45,430 --> 00:55:46,590
Talon on the second.

770
00:55:48,050 --> 00:55:48,930
Further discussion.

771
00:55:50,270 --> 00:55:50,890
Boding procedure.

772
00:55:51,330 --> 00:55:51,630
Favorite.

773
00:55:54,410 --> 00:55:54,670
Favorite.

774
00:55:55,090 --> 00:55:55,270
Favorite.

775
00:55:55,950 --> 00:55:56,630
Motion carried.

776
00:55:56,890 --> 00:55:57,570
Six-zero.

777
00:55:57,570 --> 00:56:03,650
because before the commissioners, 9 o'clock, September 29th, up here in this room.

778
00:56:04,250 --> 00:56:11,670
Item F-10 is a board of zoning appeals, so we will open as a board, as any other zoning

779
00:56:11,670 --> 00:56:17,630
appeals, our decision is final, it does not go to the county commissioners.

780
00:56:18,290 --> 00:56:23,650
So, upon hearing that, the board of zoning appeals public hearing to consider a variance

781
00:56:23,650 --> 00:56:31,970
2607 or equested variants lying for construction and use of an accessory building staff.

782
00:56:31,970 --> 00:56:36,650
So Douglas Carr owns a track of land containing .23 plus or minus acres.

783
00:56:38,070 --> 00:56:42,470
The property is approximately 75 feet wide by 132 feet deep.

784
00:56:42,870 --> 00:56:44,370
The property is zone residential.

785
00:56:45,410 --> 00:56:51,010
It is located at 533 South Prairie Drive and over Kansas in the Crescent Heights subdivision,

786
00:56:51,010 --> 00:56:53,510
which was revised in 1952.

787
00:56:54,470 --> 00:56:56,410
The owner desires to construct a garage,

788
00:56:56,530 --> 00:56:59,130
so he can store tools and personal vehicles.

789
00:57:00,230 --> 00:57:02,510
There is no home located on the property,

790
00:57:02,710 --> 00:57:04,570
so the owner is requesting a variance

791
00:57:04,570 --> 00:57:08,390
to the zoning regulations, which to require a primary use

792
00:57:08,390 --> 00:57:11,650
building or home to be constructed before the construction

793
00:57:11,650 --> 00:57:13,590
and use of the accessory building.

794
00:57:14,710 --> 00:57:16,850
Well, our county regulations are called 26.

795
00:57:17,590 --> 00:57:19,230
Accessory and prohibited uses.

796
00:57:19,230 --> 00:57:30,790
Section 26501, except in the Ag District for conforming lots over 40 acres and except as prevented by the board of zoning appeals as found in Section 26401 of these regulations.

797
00:57:31,750 --> 00:57:39,830
No accessory building or structure shall be constructed upon a lot until the construction of the main building or structure has actually been commenced.

798
00:57:40,490 --> 00:57:45,770
And no accessory building or structure shall be used unless the main building or structure on the lot is also being used.

799
00:57:47,210 --> 00:57:51,670
So the property was plotted before the zoning regulations were in effect.

800
00:57:52,210 --> 00:57:58,030
A small home cannot be built on the property because the size of the property would not allow for a private wastewater system.

801
00:57:58,690 --> 00:58:04,350
The residential zoning infrastructure requirement by today's standards would require public sewer.

802
00:58:04,910 --> 00:58:09,590
The environmental regulations would require at least one acre for a private wastewater system.

803
00:58:10,410 --> 00:58:15,330
The residential zoning district does not allow for a variance to the infrastructure requirements.

804
00:58:16,350 --> 00:58:23,130
The property owner will be able to meet the normal residential setback requirements with the construction of the garage.

805
00:58:23,790 --> 00:58:31,270
The property is surrounded by Ag-40 residential and commercial properties and is located close to East Highway 54.

806
00:58:32,230 --> 00:58:35,710
Staff does not believe it will adversely affect the rights of property owners.

807
00:58:36,310 --> 00:58:41,270
It is the staff's opinion that the public health safety morals order convenience prosperity

808
00:58:41,270 --> 00:58:45,230
or gender welfare would not be adversely impacted by the allowance of the variance.

809
00:58:46,850 --> 00:58:50,050
And staff does not believe that the granting of the variance will oppose the general

810
00:58:50,050 --> 00:58:51,330
spirit of the regulations.

811
00:58:52,230 --> 00:58:55,570
The construction of the accessory building would meet all other zoning requirements.

812
00:58:56,630 --> 00:58:58,370
Water and sewer will not be utilized.

813
00:59:00,870 --> 00:59:02,110
Questions for staff?

814
00:59:04,660 --> 00:59:06,440
Is that applicant or someone representing?

815
00:59:15,260 --> 00:59:18,840
I'm dead car under the 238 South Fairway Circle in and over Kansas.

816
00:59:20,200 --> 00:59:22,540
Anything to add to what staff's given us?

817
00:59:22,540 --> 00:59:22,740
Yeah.

818
00:59:24,900 --> 00:59:25,920
Questions for that?

819
00:59:26,960 --> 00:59:29,200
It's just going to turn into a commercial adventure.

820
00:59:29,500 --> 00:59:30,960
You're going to come back now.

821
00:59:32,500 --> 00:59:33,960
Not my plan anyway.

822
00:59:36,080 --> 00:59:39,880
I will say that there are commercial lots next to it.

823
00:59:39,880 --> 00:59:44,300
or if I've expanded, they've just turned them into commercial laws, but that's something I can't

824
00:59:47,700 --> 00:59:49,200
tell you the question.

825
00:59:50,820 --> 00:59:53,420
What type of structures is this going to be?

826
00:59:53,880 --> 00:59:59,900
Well, it'll either be one of three types either a pole barn or a red iron barn.

827
01:00:00,000 --> 01:00:03,740
We are at the C-Channel barn, or garage, metal.

828
01:00:05,360 --> 01:00:08,360
There are several others already in that area.

829
01:00:13,550 --> 01:00:14,170
Other questions?

830
01:00:19,370 --> 01:00:19,950
Thank you, sir.

831
01:00:20,650 --> 01:00:23,150
Anyone else here to speak to this case?

832
01:00:23,890 --> 01:00:25,930
Anyone else here to speak to this case?

833
01:00:26,670 --> 01:00:28,350
Staff, anything else to add?

834
01:00:29,590 --> 01:00:33,670
This time, Chair of Cousupublic Hearing, Chair, will entertain a motion and discussion.

835
01:00:33,670 --> 01:00:38,790
On V82607, just remember, our vote is final.

836
01:00:49,340 --> 01:00:54,620
Mr. Chairman, I would like to make a motion to approve V82607.

837
01:00:55,220 --> 01:00:59,000
Kermit on motion to approve is your second.

838
01:00:59,760 --> 01:01:01,160
Marcia on the second.

839
01:01:02,240 --> 01:01:03,360
Further discussion.

840
01:01:04,960 --> 01:01:06,020
Putting the signature current.

841
01:01:06,740 --> 01:01:07,040
Favorite.

842
01:01:09,100 --> 01:01:09,420
Favorite.

843
01:01:09,660 --> 01:01:10,060
Favorite.

844
01:01:10,540 --> 01:01:13,400
Motion carried six zero variance is granted.

845
01:01:14,880 --> 01:01:17,120
So that takes care of that.

846
01:01:17,620 --> 01:01:22,540
We will reconvene now as the planning zoning board.

847
01:01:29,290 --> 01:01:35,550
The E-1 Resolution T-C-26-2 zoning regulation amendment

848
01:01:35,550 --> 01:01:41,810
to Article 7, Section 7, 3, conditionally uses 703.

849
01:01:49,140 --> 01:01:53,800
I'd like to make a motion to take from the table consideration of

850
01:01:53,800 --> 01:01:56,920
the board related to an amendment of the zoning regulations?

851
01:01:58,260 --> 01:01:59,300
Is there a second?

852
01:02:04,320 --> 01:02:04,680
Let's table.

853
01:02:05,240 --> 01:02:06,640
She just wants to pull it off,

854
01:02:06,800 --> 01:02:07,940
that we got to officially,

855
01:02:08,480 --> 01:02:09,620
we tabled it,

856
01:02:10,160 --> 01:02:13,260
we have to officially remove it from the table to discuss it.

857
01:02:13,260 --> 01:02:13,660
Okay.

858
01:02:14,920 --> 01:02:15,680
All right.

859
01:02:15,860 --> 01:02:16,180
That's okay.

860
01:02:17,120 --> 01:02:18,020
That's all right.

861
01:02:18,220 --> 01:02:19,080
Andy, are you all right?

862
01:02:19,340 --> 01:02:20,700
Andy, I'm the second.

863
01:02:21,880 --> 01:02:23,120
Let's take voting to see the current.

864
01:02:24,240 --> 01:02:24,600
Favorite?

865
01:02:25,920 --> 01:02:26,140
Favorite?

866
01:02:26,580 --> 01:02:26,840
Favorite?

867
01:02:27,600 --> 01:02:34,760
motion carried. No further documents will be considered in the record is closed. Staff.

868
01:02:35,380 --> 01:02:39,580
On August 4, 2020, sex, the Planning Commission held a public hearing to consider the

869
01:02:39,580 --> 01:02:47,540
amendments of Article 7, Section 7, Section 7, 3, Conditional Uses, 7, 3, 4, 4,

870
01:02:48,260 --> 01:02:57,580
4, 4, 4, the Planning Commission, table discussion of the proposed amendment to the

871
01:02:57,580 --> 01:03:02,640
Federation of Lake Records of submission, the Planning Commission tabled any action on Resolution

872
01:03:02,640 --> 01:03:08,900
TC-262 in the recommendation to the Board of County Commissioners until September 1,

873
01:03:09,120 --> 01:03:09,820
2026.

874
01:03:12,460 --> 01:03:17,960
I do believe the County Councilor has something to discuss with you.

875
01:03:24,890 --> 01:03:31,010
Terry, you all can, the other County Councilor. Chairman Barnard, Planning Commission members,

876
01:03:31,010 --> 01:03:34,790
What I like to do is just give a brief overview of the proposed regulations.

877
01:03:36,050 --> 01:03:45,030
After I give my presentation, then I'll go back to Toby and maybe discuss some of the amendments that were proposed in the latest version of the amendments.

878
01:03:48,540 --> 01:03:53,960
The amendment, before you tonight, is a prospective land-use regulation.

879
01:03:53,960 --> 01:04:02,580
It does not approve a particular data center, commit any county resources, provide an incentive

880
01:04:03,310 --> 01:04:07,180
or determine that any future application should be approved.

881
01:04:08,340 --> 01:04:15,000
The amendment gives the county a clear public and legally structured process for evaluating

882
01:04:15,000 --> 01:04:23,460
of future proposal based on its actual location, design, infrastructure requirements, and

883
01:04:23,460 --> 01:04:24,740
potential impacts.

884
01:04:26,200 --> 01:04:31,240
At the outset, there needs to be clarification as to the following facts.

885
01:04:32,260 --> 01:04:40,840
Number one, no non-disclosure agreements have been executed by Butler County concerning a proposed

886
01:04:40,840 --> 01:04:42,040
data center.

887
01:04:42,040 --> 01:04:48,420
and bears repeating, no nondisclosure agreements have been executed by

888
01:04:48,420 --> 01:04:51,640
Bother County concerning a proposed data center.

889
01:04:53,400 --> 01:04:57,680
Number two, the county has been disseminating information concerning data centers

890
01:04:57,680 --> 01:04:59,980
issues through its web page.

891
01:05:00,000 --> 01:05:05,800
Page, during open public meetings, and via social media.

892
01:05:07,560 --> 01:05:14,020
Number three, no incentives have been offered to any prospective applicant by the county.

893
01:05:14,720 --> 01:05:21,520
Once again, that bears repeating, no incentives have been offered to any prospective applicant by the county.

894
01:05:21,520 --> 01:05:30,120
The only incentives available to any prospective data center are those enacted by legislation

895
01:05:30,120 --> 01:05:36,500
by the Kansas legislature, not by the county commissioners, and not by you.

896
01:05:37,180 --> 01:05:44,360
Until an application is submitted, there is no reliable project specific basis to determine

897
01:05:44,360 --> 01:05:53,120
Number one, water consumption, electrical demand, wastewater or cooling requirements, traffic

898
01:05:53,120 --> 01:06:01,620
impacts, noise levels, building height, emergency service needs, or the effect on surrounding

899
01:06:01,620 --> 01:06:02,340
property.

900
01:06:03,560 --> 01:06:09,660
The purpose of the proposed amended regulations is to protect the citizens, property owners,

901
01:06:09,660 --> 01:06:16,860
infrastructure and the natural resources of Butler County if an application is filed.

902
01:06:18,620 --> 01:06:20,120
What would the amendment do?

903
01:06:21,040 --> 01:06:26,060
The amendment would define data centers and related facilities within zoning regulations,

904
01:06:27,360 --> 01:06:32,680
establish the zoning district in which data centers may be considered, establish site, building

905
01:06:32,680 --> 01:06:38,440
screening, noise, lighting, utility, access and emergency standards, requires sufficient

906
01:06:38,440 --> 01:06:42,940
technical information for the county to evaluate a project.

907
01:06:44,480 --> 01:06:48,580
To preserve public notice and hearing opportunities were required.

908
01:06:49,900 --> 01:06:57,840
And permit the county to evaluate a proposal based upon actual project specific facts.

909
01:06:58,820 --> 01:07:04,160
The amendment has intended to establish rules before a project is proposed,

910
01:07:04,160 --> 01:07:09,960
rather than attempting to create standards after an application is pending.

911
01:07:12,690 --> 01:07:15,370
Why are the regulations appropriate before an application?

912
01:07:16,570 --> 01:07:19,330
Data centers may be large-scale.

913
01:07:19,910 --> 01:07:21,170
We have Micro 2.

914
01:07:21,830 --> 01:07:24,530
The infrastructure intensive use is may involve

915
01:07:24,530 --> 01:07:26,990
significant electrical demand,

916
01:07:27,790 --> 01:07:31,510
cooling systems and potentially substantial water use,

917
01:07:32,330 --> 01:07:34,190
large buildings and equipment yards,

918
01:07:34,190 --> 01:07:42,450
Back up generators and fuel storage, continuous operation, noise from a mechanical equipment,

919
01:07:43,350 --> 01:07:48,350
specialized utility and transmission infrastructure, security fencing and lighting,

920
01:07:49,210 --> 01:08:00,410
and extended construction activity, existing Butler County zoning categories do not adequately address the characteristics of this use.

921
01:08:00,410 --> 01:08:08,630
A clear regulation allows the county to evaluate any future application consistently and

922
01:08:08,630 --> 01:08:09,410
transparently.

923
01:08:10,970 --> 01:08:15,670
A recommendation of approval of the amendment before you tonight does not mean the county has

924
01:08:15,670 --> 01:08:22,110
concluded that a data center is appropriate at any particular location within the county.

925
01:08:23,430 --> 01:08:30,290
KSA-12-741 provides enabling authority for counties to enact planning and zoning regulations.

926
01:08:30,290 --> 01:08:39,070
The proposed amendment is created in traditional zoning purposes, including protection of public health and safety,

927
01:08:39,790 --> 01:08:44,990
protection of property and neighborhood compatibility, planning for public infrastructure,

928
01:08:46,390 --> 01:08:51,770
conservation of natural resources, and promotion of the orderly development of the county.

929
01:08:51,770 --> 01:08:58,190
The Planning Commission has identified the relevant comprehensive plan policies concerning

930
01:08:58,190 --> 01:09:07,210
land use capabilities, public utilities, transportation, water resources, conservation

931
01:09:07,210 --> 01:09:10,430
of natural resources, and long-range public improvements.

932
01:09:11,710 --> 01:09:17,390
The proposed amendment is consistent with the existing comprehensive plan, although the

933
01:09:17,390 --> 01:09:23,730
comprehensive plan does not specifically address data centers, the amendment is nevertheless

934
01:09:23,730 --> 01:09:31,070
consistent with the plan's broader land use, safety, infrastructure, and resource protection

935
01:09:31,070 --> 01:09:31,830
policies.

936
01:09:33,390 --> 01:09:41,230
KSA-12-753 authorizes zoning regulations, establishing districts, and regulating the use of

937
01:09:41,230 --> 01:09:49,050
structures within those districts. The proposed amendment uses that authority to establish

938
01:09:49,050 --> 01:09:56,470
objective standards addressing location and zoning district eligibility, sent backs from property,

939
01:09:56,470 --> 01:09:59,930
lines and roads, separation from resident.

940
01:10:00,000 --> 01:10:07,200
Instances, and noise sensitive receptors, maximum building height, maximum building coverage, screening

941
01:10:07,200 --> 01:10:16,060
and landscaping, noise and vibration, lighting, generators and fuel systems, utility connections,

942
01:10:17,280 --> 01:10:24,440
water and wastewater facilities, storm water management, fire protection and emergency access,

943
01:10:24,440 --> 01:10:30,840
construction staging and abandonment and decommissioning.

944
01:10:31,260 --> 01:10:34,980
Immended regulations are written clearly enough at applicants,

945
01:10:35,640 --> 01:10:40,180
neighboring property owners, staff, this planning commission,

946
01:10:40,880 --> 01:10:44,740
and the Board of County Commissioners can understand what is required.

947
01:10:46,240 --> 01:10:50,660
The proposed adopting resolution includes findings that

948
01:10:50,660 --> 01:10:58,420
While the county has the authority to regulate land uses under KSA-12-741 at SEC, data centers

949
01:10:58,420 --> 01:11:02,540
are distinct and emerging land use requiring specific standards.

950
01:11:03,780 --> 01:11:06,780
No data center application is currently pending.

951
01:11:07,740 --> 01:11:11,960
The amendment is prospective and does not approve a specific project.

952
01:11:12,900 --> 01:11:17,660
The amendment is reasonably related to public health, safety, and welfare.

953
01:11:17,660 --> 01:11:24,460
The amendment provides a consistent process for future applicants and affected property owners.

954
01:11:25,280 --> 01:11:28,440
The county has not offered incentives for a data center.

955
01:11:29,100 --> 01:11:33,820
The county has not entered into non-disclosure agreements concerning a proposed data center.

956
01:11:34,960 --> 01:11:43,880
Project specific water and electrical usage cannot be determined without an application and supporting technical information.

957
01:11:43,880 --> 01:11:51,980
And future applications will remain subject to applicable zoning, building, fire, environmental,

958
01:11:52,380 --> 01:11:55,600
utility, and other regulatory requirements.

959
01:11:57,060 --> 01:12:03,860
The amendment and the corresponding application requires enough information to evaluate actual

960
01:12:03,860 --> 01:12:11,540
impacts, including site plan, building dimension height and elevations, number and type of

961
01:12:11,540 --> 01:12:19,500
buildings, phase development schedule, electrical load and anticipated peak demand, utility provider

962
01:12:19,500 --> 01:12:27,680
letters or service commitments, water source, average use, peak use, the cooling method, wastewater

963
01:12:27,680 --> 01:12:35,600
and discharge information, storm water calculations, backup generator inventory, fuel type,

964
01:12:35,600 --> 01:12:38,640
storage capacity and spill prevention measures.

965
01:12:39,640 --> 01:12:43,660
Noise study and equipment specifications, lighting plans,

966
01:12:44,060 --> 01:12:45,680
traffic and road impact analysis,

967
01:12:46,460 --> 01:12:49,120
fire protection and emergency response plan,

968
01:12:49,520 --> 01:12:51,560
landscaping and screening plan,

969
01:12:52,320 --> 01:12:53,960
construction management plan,

970
01:12:54,520 --> 01:12:56,660
environmental or natural resource information,

971
01:12:57,440 --> 01:12:59,800
and a decommissioning or abandonment plan.

972
01:13:00,740 --> 01:13:04,240
The county cannot determine water or electrical impacts

973
01:13:04,240 --> 01:13:05,560
from public speculation.

974
01:13:06,240 --> 01:13:10,420
Those impacts must be evaluated from an actual application

975
01:13:10,860 --> 01:13:13,040
and competent technical material.

976
01:13:14,680 --> 01:13:16,580
The planning commission's action tonight

977
01:13:16,580 --> 01:13:17,600
would not.

978
01:13:17,680 --> 01:13:21,160
A repeat would not approve a data center,

979
01:13:22,540 --> 01:13:26,020
approve a site, approve utility services,

980
01:13:27,100 --> 01:13:31,600
commit water or electrical capacity, authorized construction,

981
01:13:31,600 --> 01:13:40,620
grant to special use approval, wave any state or federal requirements, provide an incentive,

982
01:13:41,720 --> 01:13:48,720
or establish that any future project is compatible with the county. Any future applicant

983
01:13:48,720 --> 01:13:54,760
would still need to satisfy the zoning regulations in effect at the time of the application

984
01:13:54,760 --> 01:13:59,740
together with all applicable permitting and regulatory requirements.

985
01:14:01,160 --> 01:14:04,640
The amendment addresses the following public protection objectives.

986
01:14:05,380 --> 01:14:07,900
Preserve safe and orderly your land use,

987
01:14:08,460 --> 01:14:11,060
protect nearby residences and property owners,

988
01:14:11,920 --> 01:14:14,440
avoid incompatible building scale and intensity,

989
01:14:15,560 --> 01:14:18,220
require disclosure of infrastructure demands,

990
01:14:18,960 --> 01:14:23,540
protect water resources, plan for electrical and utility impacts,

991
01:14:23,540 --> 01:14:30,600
control noise, light, vibration, and visual impacts, protect roads, and public facilities.

992
01:14:31,560 --> 01:14:36,960
Ensuring emergency access and fire protection, establish enforceable operating conditions,

993
01:14:37,920 --> 01:14:41,400
and provide a transparent public review process.

994
01:14:42,520 --> 01:14:48,480
These objective support the conclusion that the amendment serves the public health, safety,

995
01:14:48,660 --> 01:14:50,260
and welfare of bother county.

996
01:14:52,660 --> 01:14:56,480
In closing, the Planning Commission's decision is not

997
01:14:56,480 --> 01:14:58,760
whether to approve a data center.

998
01:14:59,040 --> 01:14:59,980
That's not what we're here for.

999
01:15:00,000 --> 01:15:11,340
The decision is whether butler County should have a clear, enforceable, and publicly adopted standards in place, if an application is filed.

1000
01:15:13,020 --> 01:15:24,080
Adopting the amendment allows the County to make future decisions using project-specific information, public participation, and legally established standards.

1001
01:15:24,080 --> 01:15:29,220
It protects the county from having to evaluate it in emerging and potentially intensive,

1002
01:15:29,720 --> 01:15:34,940
land use, under outdated or incomplete regulations.

1003
01:15:37,180 --> 01:15:38,000
I stand for questions.

1004
01:15:38,020 --> 01:15:42,840
You may want to wait until Toby has an opportunity to review the modifications to the

1005
01:15:42,840 --> 01:15:43,460
regulations.

1006
01:15:44,200 --> 01:15:45,540
And then we can answer any questions.

1007
01:15:46,140 --> 01:15:51,240
There were some changes from the August 18th packet that you received.

1008
01:15:51,240 --> 01:15:54,120
So, I'm sure you've reviewed all those.

1009
01:15:55,280 --> 01:16:00,740
I would be remiss in not stating that at Tuesday's Board of County Commissioner meeting,

1010
01:16:01,000 --> 01:16:06,500
Commissioner Jackson requested that I, I guess, convey some information to you or concerns

1011
01:16:06,500 --> 01:16:07,360
that he has.

1012
01:16:07,440 --> 01:16:08,580
And I told him that I would.

1013
01:16:09,380 --> 01:16:13,680
Those concerns, the first one, will be addressed as rather simple, and we made that change

1014
01:16:13,680 --> 01:16:14,180
already.

1015
01:16:14,860 --> 01:16:17,440
His other concerns were the height of the buildings.

1016
01:16:18,420 --> 01:16:21,800
He was concerned with the 60 feet if you look in your packet.

1017
01:16:22,620 --> 01:16:27,500
We've even increased that to 72 until we'll be able to give you some information on why that was changed.

1018
01:16:28,540 --> 01:16:31,960
He was also concerned with the 1000 foot notification area.

1019
01:16:32,760 --> 01:16:34,260
We'll address that issue also.

1020
01:16:34,900 --> 01:16:38,540
And the other issue was the transfer ability of the CUP itself.

1021
01:16:39,600 --> 01:16:44,980
I think there may have been some confusion as to whether or not he was requesting whether or not the land could be transferred.

1022
01:16:45,440 --> 01:16:48,360
We can't do anything with respect to transfer of land.

1023
01:16:49,060 --> 01:16:51,460
In other words, if they want to sell that land to somebody else,

1024
01:16:51,580 --> 01:16:54,100
we have no right to interfere in that transaction.

1025
01:16:54,840 --> 01:17:00,180
There may be some issues with respect to whether or not the CUP itself is transferable

1026
01:17:00,180 --> 01:17:02,700
and that the planning commission will have to make a decision

1027
01:17:02,700 --> 01:17:05,300
as to how it wants to handle that aspect of it.

1028
01:17:05,480 --> 01:17:06,640
And that's all I have.

1029
01:17:08,820 --> 01:17:09,700
Quick question.

1030
01:17:12,720 --> 01:17:13,140
Thank you.

1031
01:17:13,140 --> 01:17:15,600
Don't we want to take us through your part of it?

1032
01:17:21,100 --> 01:17:21,780
So

1033
01:17:23,890 --> 01:17:38,510
I'm going to go ahead and walk through the recommended changes that were in the red line version that is before you.

1034
01:17:38,510 --> 01:17:42,930
Terry just covered Commissioner Jackson's concern.

1035
01:17:44,050 --> 01:18:05,230
Planning Commissioner Jim Roussen also had one concern that he would like me to convey tonight to you all just for consideration and I'll just kind of, I will probably repeat some of what Terry just gave you as far as Jackson's recommendation and or Jim Roussen's.

1036
01:18:05,230 --> 01:18:24,370
But I'll go through there, so starting on page 69 in your redline version, the very first page, which you'll notice the page numbers are more in line with where it would be inserted into the regulations under the conditional uses for the article 7.

1037
01:18:24,370 --> 01:18:33,170
So, the very first page is page 69 under the Data Center classification table, specifically

1038
01:18:33,170 --> 01:18:34,530
under HyperScale.

1039
01:18:35,550 --> 01:18:42,050
We have added a maximum project site area, shall not exceed 640 acres.

1040
01:18:43,410 --> 01:18:48,270
So, this was already on page 86 as part of the regulation.

1041
01:18:48,990 --> 01:18:58,130
Commissioner Jackson thought it would be good to put it in here on the table as well for quick identification, so that was added.

1042
01:19:01,180 --> 01:19:02,140
Page 76,

1043
01:19:04,780 --> 01:19:06,140
you get there with you.

1044
01:19:14,200 --> 01:19:24,790
So, this specifically, you're probably looking at a number of page here, a number three.

1045
01:19:26,190 --> 01:19:28,450
So, some middle requirements for data centers.

1046
01:19:29,350 --> 01:19:33,430
For consideration, the Planning Commission member, Mr. Nelson, it cannot be President's

1047
01:19:33,430 --> 01:19:37,670
night proposed discussion and thought concerning the data center CUP requirements.

1048
01:19:37,670 --> 01:19:45,330
He suggests that there was no separation as far as requirements between large-scale data centers

1049
01:19:45,330 --> 01:19:47,570
and the smaller-scale data centers.

1050
01:19:48,430 --> 01:19:53,830
On page 76, three that I was referring to currently reads that the Board of County Commission

1051
01:19:53,830 --> 01:19:57,690
may grant written waivers to include specific findings.

1052
01:19:59,010 --> 01:19:59,970
So, his suggestion.

1053
01:20:00,000 --> 01:20:13,960
The question is that the smaller data centers would not have to go before the board to request waivers, but those different specific

1054
01:20:13,960 --> 01:20:25,080
CUP requirements would be for your small-scale data centers as opposed to your large-scale. So that's for consideration and discussion.

1055
01:20:26,040 --> 01:20:27,680
On page 83,

1056
01:20:35,780 --> 01:20:44,660
public notice also found on page 74 for the community meeting notification but specifically on page 83.

1057
01:20:49,070 --> 01:20:56,310
So, Mr. Jackson did express a concern about only notifying those property owners within a thousand feet from the project sites.

1058
01:20:58,130 --> 01:21:04,470
So the staff does have concerns, just our concerns as far as if we were to extend beyond

1059
01:21:04,470 --> 01:21:05,950
the thousand feet.

1060
01:21:06,450 --> 01:21:10,470
Notice that the planning commission tearing shall be provided as required by Kansas

1061
01:21:10,470 --> 01:21:18,690
law and Boller County zoning procedures, and that both still require an only required

1062
01:21:18,690 --> 01:21:20,930
the thousand foot notification area.

1063
01:21:21,870 --> 01:21:29,390
A change could impact other conditional use requests, and that those zoning regulations for

1064
01:21:29,390 --> 01:21:34,490
all other types of requests still only require the thousand foot notification area in

1065
01:21:34,490 --> 01:21:38,110
the uncorporated areas and the 200 feet in the incorporated areas.

1066
01:21:39,250 --> 01:21:46,210
This would be consistent with other large-scale conditional uses such as utility scale solar

1067
01:21:46,210 --> 01:21:46,870
projects.

1068
01:21:48,070 --> 01:21:54,470
It could also create some problems with a protest petition, a valid protest position is only

1069
01:21:54,470 --> 01:21:59,250
accepted if containing signatures from 20% or more of the total area required to be notified,

1070
01:22:00,710 --> 01:22:06,510
which in this instance is 1,000 feet per the statute in our regulations for all conditional

1071
01:22:06,510 --> 01:22:07,190
uses.

1072
01:22:08,310 --> 01:22:16,850
In other words, this could create some confusion if we are notifying greater than 1,000 foot

1073
01:22:16,850 --> 01:22:17,710
protection.

1074
01:22:19,730 --> 01:22:24,590
We're only accepting signatures from those areas, those people that were notified

1075
01:22:24,590 --> 01:22:32,690
within a thousand feet. On page 87, under building height.

1076
01:22:39,600 --> 01:22:41,960
So we are only dealing with

1077
01:22:41,960 --> 01:22:48,660
hyper-scaling co-location data centers. So again, Commissioner Jackson did have some concern

1078
01:22:48,660 --> 01:22:53,300
over the building height, so we did do some research,

1079
01:22:56,240 --> 01:22:58,220
so he felt like the maximum building

1080
01:22:58,220 --> 01:23:03,180
height would be to tall the original draft versions of this document did have the maximum

1081
01:23:03,180 --> 01:23:08,980
building height that 60 feet. After we started doing some research stuff, found that engineers

1082
01:23:08,980 --> 01:23:13,920
may require substantial overhead clearances that may require massive air duct networks,

1083
01:23:13,920 --> 01:23:20,600
like with cooling piping, complex overhead cable trays and heavy busways for electrical distributions.

1084
01:23:22,560 --> 01:23:33,000
So it is staff's recommendation that we do increase it to 72 only for hyper scale and co-location data centers.

1085
01:23:42,950 --> 01:23:45,750
The post-construction noise study,

1086
01:23:50,640 --> 01:24:05,920
so as we did not account for the project being completed in phase phases we did at a statement that clarifies that where data center project is constructed in phase is the post-construction noise study shall be performed for each phase within 12 months of the certificate of occupancy.

1087
01:24:05,920 --> 01:24:13,620
Right below that, on page 89, the measurement, when measuring sound levels should be measured

1088
01:24:13,620 --> 01:24:22,260
based upon noises that are attributable to the data center project alone.

1089
01:24:22,820 --> 01:24:29,500
So we did at a statement that sounds not attributable to the data center project shall be

1090
01:24:29,500 --> 01:24:32,020
identified and escorted from the measured level

1091
01:24:34,350 --> 01:24:36,690
on page 90 where

1092
01:24:41,110 --> 01:24:42,490
we see the baseline ambient

1093
01:24:43,070 --> 01:24:49,610
noise. This goes, I'm speaking as well as again. This goes along with the change,

1094
01:24:52,640 --> 01:24:52,640
Chairman.

1095
01:24:54,680 --> 01:24:57,220
Moving up a little bit, making my happy.

1096
01:24:59,590 --> 01:24:59,950
Page it.

1097
01:25:00,000 --> 01:25:10,260
87, or Ron Page 90, baseline ambient noise. So this goes along with the change in the measurement,

1098
01:25:10,760 --> 01:25:15,240
external noise should be separate from noise is generated by the data center. So at the end of

1099
01:25:15,240 --> 01:25:19,800
the day, the post construction study shall demonstrate that operations of the proposed use do not

1100
01:25:19,800 --> 01:25:28,820
exceed the maximum permitted sound levels. So that wording was added, and we did remove material,

1101
01:25:28,820 --> 01:25:34,680
increases the baseline ambient noise on page,

1102
01:25:43,510 --> 01:25:45,030
I think I got the wrong page.

1103
01:25:45,370 --> 01:25:46,950
B9E1 would be your next.

1104
01:25:52,030 --> 01:25:53,010
Just cover that.

1105
01:25:54,730 --> 01:25:58,490
Over on page 91, of our Beratian city standard measurements.

1106
01:25:59,910 --> 01:26:06,270
So here, we added wording for the calculation purposes for frequencies above 60 cycles per second,

1107
01:26:06,270 --> 01:26:12,490
the maximum allowable displacement shall be determined by a linear interpolation based on trans-established

1108
01:26:12,490 --> 01:26:18,270
in the table above and using the formula provided.

1109
01:26:21,060 --> 01:26:27,540
Right below that, we did add some, so we did, we do understand that there are alternative

1110
01:26:27,540 --> 01:26:36,760
methods that somebody can use to come up with frequency of ground motion in cycles per second.

1111
01:26:36,760 --> 01:26:55,840
So we did add that there's alternative methods out there, so we also added wording that would allow for alternative methods to be used that may demonstrate compliance by proving earth vibrations and that they do not exceed the maximum peak particle velocity.

1112
01:26:55,840 --> 01:27:07,100
So those alternative standards must meet the limits as defined by recognized national or international standards and they are subject to prior approval by the board.

1113
01:27:13,800 --> 01:27:15,940
Page 99 on the transfer.

1114
01:27:18,400 --> 01:27:32,660
This was Commissioner Jackson's, again, that the County Councilor did mention one of his concerns that ACVP should not be transferred sold conveyor of sign without written notification to the Board of County Commissioners.

1115
01:27:34,480 --> 01:27:41,360
So I think there was maybe some miscommunication so that Mr. Jackson may have felt that they

1116
01:27:41,360 --> 01:27:45,800
should have full control over whether or not a CUP may be transferred sold, conveyed or

1117
01:27:45,800 --> 01:27:46,420
ensigned.

1118
01:27:47,180 --> 01:27:51,200
And staffs opinion that board cannot legally prevent or prohibit the sale of the land.

1119
01:27:52,300 --> 01:27:56,020
However, would still be in the Planning Commission and the Board of County Commission's

1120
01:27:56,020 --> 01:28:03,360
to prevent the transfer of a CUP to another by utilizing its power when the application is first

1121
01:28:03,360 --> 01:28:08,220
considered through the condition of the CUP that that makes sense.

1122
01:28:10,980 --> 01:28:12,220
So with that, I will turn

1123
01:28:12,220 --> 01:28:14,340
those items over to you for discussion.

1124
01:28:21,750 --> 01:28:28,290
Questions or comments? Or Toby and or Terry from the board?

1125
01:28:28,290 --> 01:28:33,070
I thought we had to put some of the CEP where they had to come in and we had to get a fine.

1126
01:28:36,490 --> 01:28:45,290
I thought in one of, in the prior one, regarding the transfer that we had the CEP, we had to be able to,

1127
01:28:45,570 --> 01:28:50,410
to review all the bonds, all the different things we're doing.

1128
01:28:50,730 --> 01:28:52,710
The board still has to be notified.

1129
01:28:52,710 --> 01:28:55,930
they still, they still have to be notified.

1130
01:28:57,530 --> 01:29:00,130
They still have to meet the CUP requirements.

1131
01:29:00,990 --> 01:29:03,770
So if you had approved one, and there's a transfer,

1132
01:29:05,670 --> 01:29:09,130
they still have to, you know, make sure that the decommissioning

1133
01:29:09,130 --> 01:29:10,850
bonds and everything are in place.

1134
01:29:11,770 --> 01:29:16,890
And that, we still getting all the information, the

1135
01:29:16,890 --> 01:29:19,010
contact information, all that kind of stuff.

1136
01:29:19,150 --> 01:29:22,110
We're still notifying them, that they have to comply with the

1137
01:29:22,110 --> 01:29:28,210
UP as it was approved in order that they still have to operate in the same manner.

1138
01:29:28,270 --> 01:29:30,150
They still have to do all those things.

1139
01:29:31,830 --> 01:29:37,290
So I don't know if they wanted, you know, full power to say yes, we would allow the transfer

1140
01:29:37,290 --> 01:29:38,910
or not.

1141
01:29:39,390 --> 01:29:45,810
Specifically for me, my recommendation is obviously the planning board does have some power

1142
01:29:45,810 --> 01:29:52,350
like I stated in the transfer ability when it comes to the CUP specifically, not the land.

1143
01:29:53,510 --> 01:29:59,970
We cannot prevent the transfer of the land, but the CUP has a condition the board.

1144
01:30:00,000 --> 01:30:04,960
Court has the power, and so does the Board of County Commission as a condition if you feel like

1145
01:30:06,420 --> 01:30:13,060
that this, the CUP, and you have this power with any CUP through the conditional use process

1146
01:30:13,060 --> 01:30:22,000
to make a condition that that, once ownership is transferred or something that the conditional

1147
01:30:22,000 --> 01:30:27,340
use is no longer valid, and they have to reapply for the conditional use permit.

1148
01:30:29,260 --> 01:30:36,420
So, the way here suggesting that is if there was to be an application, when we were to consider

1149
01:30:36,420 --> 01:30:40,700
the CUP, we would make that stipulation if we were inclined to even make it.

1150
01:30:40,700 --> 01:30:43,180
Yeah, has a condition of the CUP?

1151
01:30:43,260 --> 01:30:44,720
Sure, I understand correctly.

1152
01:30:45,860 --> 01:30:46,620
Well, in love.

1153
01:30:48,320 --> 01:30:51,100
So, my recommendation would be to leave it the way it is now,

1154
01:30:55,840 --> 01:30:56,360
but...

1155
01:30:57,240 --> 01:30:59,660
That's the area of a CUP.

1156
01:31:00,620 --> 01:31:05,200
We have total control over it, and other

1157
01:31:09,390 --> 01:31:10,530
questions, comments.

1158
01:31:16,390 --> 01:31:24,970
I mean, mine on gyms, part of it, here again, I think that's the case by case type thing.

1159
01:31:25,850 --> 01:31:30,110
We'll consider it if and when we have an application,

1160
01:31:32,330 --> 01:31:35,550
but I don't see it as being, you

1161
01:31:35,550 --> 01:31:39,770
We can nitpick these things today, which one of the gems do?

1162
01:31:41,030 --> 01:31:50,250
So as it is written now, a small scale data center, so your micro edge, your edge micro

1163
01:31:50,250 --> 01:31:58,470
and your modular containers, have the same requirements to apply as a hyper scale facility.

1164
01:31:59,150 --> 01:32:10,450
So right now the way the regulations read has proposed is you would have to, if, so say it doesn't meet some of the study requirements.

1165
01:32:10,850 --> 01:32:20,270
I mean, the system is different. I mean, it's, it's, it's, it's not cooled, you know, by water, it's, you know, it's HVAC, you know, it's or something.

1166
01:32:20,270 --> 01:32:31,970
They would have to make a specific, basically during the application process, they would make a request that they would like to wave those specific requirements.

1167
01:32:32,930 --> 01:32:35,410
Then they would have to take that to the Board of County Commission.

1168
01:32:36,590 --> 01:32:43,390
And they would have to give the Board of County Commission the reasons as to why they're requesting a waiver from it.

1169
01:32:44,610 --> 01:32:47,610
And the Board of County Commission would have to approve it.

1170
01:32:47,610 --> 01:32:52,730
So, if they approve one of those, then the application, once it's finally approved, would

1171
01:32:52,730 --> 01:33:00,990
then come before the board, and then I would present here's what the application exists,

1172
01:33:01,610 --> 01:33:06,450
and here's what requirements were waived by the Board of County Commission.

1173
01:33:07,910 --> 01:33:15,190
It kind of takes one step out of the process, which I think, I think, Jim's to Jim's side of it,

1174
01:33:15,190 --> 01:33:16,570
He was just for consideration.

1175
01:33:17,230 --> 01:33:20,450
He felt like, first-small scale, why should they have to go in front of the Board of

1176
01:33:20,450 --> 01:33:21,290
County Commission?

1177
01:33:22,930 --> 01:33:24,790
Why not write a mention of the regulations?

1178
01:33:28,880 --> 01:33:34,300
Well, with other, I mean, any type of cases we hear where they have to come before, if they're

1179
01:33:34,300 --> 01:33:37,700
wanting to have a variance on anything, whether it's an Ag80 and Ag40.

1180
01:33:38,220 --> 01:33:40,420
So I guess I don't feel like removing those.

1181
01:33:41,060 --> 01:33:41,540
My opinion.

1182
01:33:45,230 --> 01:33:49,870
And it's not like we're taking, I mean, they can still go to the County Commissioners

1183
01:33:49,870 --> 01:33:52,570
request a change

1184
01:33:55,200 --> 01:34:00,020
in those. I mean, it does have legitimacy.

1185
01:34:04,660 --> 01:34:07,680
I mean, it's like I have a very

1186
01:34:07,680 --> 01:34:16,480
clear. I mean, within a half mile of my house, there's two. I'm sure data centers in modular

1187
01:34:16,480 --> 01:34:23,720
units. And if I didn't know they were there, because of what we're doing right now,

1188
01:34:24,620 --> 01:34:31,580
I had never paid any attention to them, but it's that electrical substation.

1189
01:34:32,680 --> 01:34:37,760
The five years ago we approved to go in, and at the time to add a centers weren't

1190
01:34:37,760 --> 01:34:46,560
an issue. But I'm about 99% sure that those are the, quote, modular data centers.

1191
01:34:47,540 --> 01:34:54,720
They don't meet setbacks. They don't meet a lot of the requirements that we have in here.

1192
01:34:54,720 --> 01:34:59,980
but yet I haven't heard anybody in my name.

1193
01:35:00,000 --> 01:35:28,480
We're complaining that there noisy, they're loud, they're suing real complaint that most people have is that for some reason, they were now in a certain light to get turned on to eliminate the substation, and those suckers are bright. They got electricity there. They can put a lot of power into them, but that's about the only complaint I've ever.

1194
01:35:28,480 --> 01:35:30,500
And even that's very minimal now.

1195
01:35:30,700 --> 01:35:34,620
They've got that regulated aim and everything on that part.

1196
01:35:36,440 --> 01:35:37,220
Other questions?

1197
01:35:37,600 --> 01:35:38,120
Discussion?

1198
01:35:38,500 --> 01:35:39,100
Comments?

1199
01:35:47,510 --> 01:35:48,630
I would say on that one.

1200
01:35:48,850 --> 01:35:50,030
We just leave it in.

1201
01:36:03,380 --> 01:36:07,020
What was the couple that Darren Jackson had and who

1202
01:36:07,020 --> 01:36:09,740
really quickly had those kinds separated out or not?

1203
01:36:09,820 --> 01:36:11,300
That one was building height.

1204
01:36:11,400 --> 01:36:12,380
The building height?

1205
01:36:13,020 --> 01:36:18,160
So, we've been about to discuss that one day.

1206
01:36:20,020 --> 01:36:22,280
Oh, yeah.

1207
01:36:22,580 --> 01:36:23,540
What's on distance?

1208
01:36:23,960 --> 01:36:25,580
They've read and noticed what's there.

1209
01:36:26,520 --> 01:36:26,800
Yeah.

1210
01:36:27,080 --> 01:36:27,920
Thank you, Sandy.

1211
01:36:28,520 --> 01:36:29,940
Don't put those in foot.

1212
01:36:31,980 --> 01:36:37,540
And like I said, the other one was the front page.

1213
01:36:38,000 --> 01:36:40,520
This had in the 640.

1214
01:36:40,520 --> 01:36:41,360
Oh, that's right.

1215
01:36:41,600 --> 01:36:42,200
I hate French.

1216
01:36:42,600 --> 01:36:42,800
To that.

1217
01:36:43,640 --> 01:36:47,280
Large is, it could be acreage wise, just six hundred forty acres.

1218
01:36:47,900 --> 01:36:50,740
Well, because it was already listed in like 80 something, right?

1219
01:36:50,980 --> 01:36:54,620
It was just 76, maybe somewhere in that.

1220
01:37:00,700 --> 01:37:02,760
It was originally in.

1221
01:37:02,760 --> 01:37:03,620
In 86.

1222
01:37:04,000 --> 01:37:04,380
86.

1223
01:37:05,360 --> 01:37:05,700
Thank you.

1224
01:37:11,600 --> 01:37:13,900
Toby, anything else that we need to review?

1225
01:37:14,660 --> 01:37:17,140
The only thing is,

1226
01:37:19,400 --> 01:37:21,060
if you're ready to adopt,

1227
01:37:21,060 --> 01:37:29,080
tonight, or if you're not wanting to table it to make further changes, or not accepting

1228
01:37:29,080 --> 01:37:33,360
of any of the changes presented to you, I would like the option I did ask permission

1229
01:37:33,360 --> 01:37:40,060
to bring you, basically, some recommended findings for you tonight.

1230
01:37:40,680 --> 01:37:50,340
You do have those before you and my staff report, and I could review those with you ahead

1231
01:37:50,340 --> 01:37:52,340
time. I'm happy to read them off.

1232
01:37:57,770 --> 01:37:58,790
I'll just go through them.

1233
01:37:58,790 --> 01:37:59,610
Please go through them.

1234
01:37:59,930 --> 01:37:59,970
Quickly.

1235
01:38:01,690 --> 01:38:07,570
So, as far as authority and scope, the proposed amendment is a general revision to the

1236
01:38:07,570 --> 01:38:14,030
zoning regulations that the Board may consider under KSA-12757 being following the planning

1237
01:38:14,030 --> 01:38:24,230
commissions public hearing and recommendation. The proposed amendment establishes generally

1238
01:38:24,230 --> 01:38:29,650
of self-educated, a site's specific entitlement for a particular applicant, our parcel.

1239
01:38:31,830 --> 01:38:32,610
Notice of hearing.

1240
01:38:33,250 --> 01:38:37,350
The Planning Commission finds that the notice of the public hearing was provided as reflected

1241
01:38:37,350 --> 01:38:38,150
in the record.

1242
01:38:38,610 --> 01:38:43,570
That the Planning Commission conducted the public hearing on August 4, 2026 at 7 p.m.

1243
01:38:43,570 --> 01:38:47,910
and that interested persons were given a meaningful opportunity to present oral and

1244
01:38:47,910 --> 01:38:48,510
break it.

1245
01:38:48,590 --> 01:38:49,570
Great comments.

1246
01:38:50,690 --> 01:38:56,050
Comprehensive planning that proposed the amendment is consistent with and further purposes,

1247
01:38:56,050 --> 01:39:01,290
furthers the purposes of a reasonably implements relevant goals and policies in

1248
01:39:01,290 --> 01:39:06,230
Butler County's comprehensive planning, including quarterly growth, compatible land use,

1249
01:39:06,430 --> 01:39:12,150
infrastructure planning, general economic development, environmental stewardship, protection

1250
01:39:12,150 --> 01:39:17,450
of established neighborhoods, efficient provision of public facilities to the extent the

1251
01:39:17,450 --> 01:39:21,310
The comprehensive plan does not expressly address data centers that propose a amendment

1252
01:39:21,310 --> 01:39:26,110
reasonably applies to plans broader land use and managed infrastructure considerations

1253
01:39:26,930 --> 01:39:30,250
to an emerging or an evolving land use.

1254
01:39:30,250 --> 01:39:35,590
As far as land use characteristics, the plan commission finds that the data centers may involve

1255
01:39:35,590 --> 01:39:41,670
large buildings or projects in intensive electrical demand considerations, water demand, utility

1256
01:39:41,670 --> 01:39:49,330
facilities, emerging generation, emergency generation equipment, fuel storage, cooling systems,

1257
01:39:49,930 --> 01:39:55,330
security infrastructure, construction activity and other characteristics that may create

1258
01:39:55,330 --> 01:39:58,490
specific land use in infrastructure impacts.

1259
01:40:00,000 --> 01:40:21,020
The legitimate planning objectives, the proposed amendment reasonably addresses potential data center impacts, through standards related to location, district, eligibility, compatibility, design, screening, setbacks, landscaping, lighting, noise, access utilities, emergency response, construction, and operational impacts.

1260
01:40:21,020 --> 01:40:29,140
These standards further would legitimate planning objectives, including protection of public health, safety, and welfare,

1261
01:40:30,160 --> 01:40:37,080
compatible development, managed infrastructure considerations, safe access and protection of nearby property.

1262
01:40:38,580 --> 01:40:45,520
Reasonable relationship, the planning commission finds that the material requirements in the proposed amendment permit a reasonable

1263
01:40:45,520 --> 01:40:48,660
relationship to legitimate governmental interests.

1264
01:40:49,180 --> 01:40:54,140
The standards are directed to foreseeable land use effects and infrastructure considerations

1265
01:40:54,720 --> 01:40:59,700
associated with data centers, and are not intended to regulate matters outside

1266
01:40:59,700 --> 01:41:02,140
Belarus, County's lawful land use authority.

1267
01:41:03,560 --> 01:41:07,040
Urban Growth Area Flint Hills Prairie ecosystem and compatibility.

1268
01:41:08,280 --> 01:41:12,380
The planning commission finds that it's reasonable to direct hyperscale, co-location,

1269
01:41:15,500 --> 01:41:15,500
and

1270
01:41:15,500 --> 01:41:23,640
and sites capable of accommodating their scale infrastructure needs and operational characteristics

1271
01:41:23,640 --> 01:41:31,560
and limiting or conditioning the use especially in residential areas, noise sensitive areas and plan development patterns.

1272
01:41:33,520 --> 01:41:44,920
Infrastructure coordination, the planning commission finds that utility transportation, storm water, wastewater and emergency service coordination may be necessary for certain data center development.

1273
01:41:44,920 --> 01:41:50,060
requirements for applicants to provide information and coordinate with responsible providers.

1274
01:41:50,860 --> 01:41:56,060
Our reasonable planning tools and do not require Bell or County to guarantee private utility capacity,

1275
01:41:56,660 --> 01:42:01,840
or to exercise authority reserved to another governmental entity or utility provider.

1276
01:42:03,560 --> 01:42:07,920
Public Safety and Operational Effects, the planning commission finds that the standards

1277
01:42:07,920 --> 01:42:13,480
addressing emergency generators feel storage fire access hazardous materials, equipment placement,

1278
01:42:13,480 --> 01:42:19,220
generator testing, noise lighting, and screening are reasonable land use in site development

1279
01:42:19,220 --> 01:42:25,360
measures. When administered in coordination with applicable building fire and environmental

1280
01:42:25,360 --> 01:42:27,800
utilities, state and federal requirements,

1281
01:42:30,550 --> 01:42:32,070
clarity and administration, the planning

1282
01:42:32,070 --> 01:42:37,370
commission finds that the proposed amendment provides sufficiently definite standards to

1283
01:42:37,370 --> 01:42:43,750
guide applicant staff and decision makers in his capable of consistent administration. The

1284
01:42:43,750 --> 01:42:53,630
proposed amendment preserves site specific review or administrative flecks ability only were stated in the text and authorized by applicable law.

1285
01:42:53,890 --> 01:42:58,590
Public comment, the Planning Commission considered the written and oral comments received in the record.

1286
01:42:59,210 --> 01:43:09,390
The Planning Commission recognizes that commenters may hold different views concerning data center development and concludes that the proposed amendment reasonably balances those views.

1287
01:43:13,170 --> 01:43:13,690
So,

1288
01:43:16,510 --> 01:43:21,170
so those are what we came up with as far as findings for you that I'd like to present.

1289
01:43:21,850 --> 01:43:25,870
You can accept those findings if you're going to make an adoption.

1290
01:43:28,070 --> 01:43:33,630
As per the staff, in fact, I would give you if you look at your suggested motion.

1291
01:43:34,590 --> 01:43:38,410
That's in your, either the staff, my staff report,

1292
01:43:39,710 --> 01:43:43,690
Or also on the agenda item, I did recommend some emotions.

1293
01:43:46,750 --> 01:43:59,870
If you're planning to adopt and you have no further changes or considerations that you're concerned of, then it's important to understand that you got to adopt the resolution,

1294
01:43:59,870 --> 01:44:14,230
which is PC-262, I recommend you adopting my findings that's located within the staff

1295
01:44:14,230 --> 01:44:18,230
report as a reason for the recommendation to the Board of County Commission.

1296
01:44:22,260 --> 01:44:23,400
I recommend

1297
01:44:23,400 --> 01:44:29,560
that approval to pose amendment to the zoning regulations that you're recommending

1298
01:44:29,560 --> 01:44:33,060
approval to the Board of County Commissioners.

1299
01:44:33,700 --> 01:44:38,060
You should also require that a written summary of proceedings before to the Board of

1300
01:44:38,060 --> 01:44:39,480
County Commissioners.

1301
01:44:42,650 --> 01:44:43,130
Questions?

1302
01:44:45,010 --> 01:44:49,310
Raise a Toby or Terry, decide and over there at the end, send a place.

1303
01:44:51,520 --> 01:44:52,460
Any other questions?

1304
01:44:57,280 --> 01:44:58,980
If not, Chiricals are public hearing?

1305
01:45:00,000 --> 01:45:01,500
terl inertane, motion.

1306
01:45:03,140 --> 01:45:06,820
No sir, it was not open to public

1307
01:45:09,860 --> 01:45:11,540
comment.

1308
01:45:38,100 --> 01:45:41,520
We have seen all the emails that were provided, we have seen all the emails that were provided.

1309
01:45:41,520 --> 01:45:50,560
They're up here before us. We've read through them. We were all here at 630, for other reasons.

1310
01:45:52,820 --> 01:45:56,220
And it's not a public hearing.

1311
01:45:56,260 --> 01:45:59,480
It's not a public hearing. It never was open to the public.

1312
01:45:59,480 --> 01:46:03,400
We have a lot of things that we have to do.

1313
01:46:03,600 --> 01:46:04,400
How do we call it?

1314
01:46:05,440 --> 01:46:07,380
So we think we gotta make some issues.

1315
01:46:07,680 --> 01:46:09,060
I have to go to open that up.

1316
01:46:09,780 --> 01:46:11,320
We have to look at it.

1317
01:46:14,960 --> 01:46:17,120
We have to get it on the other side.

1318
01:46:19,280 --> 01:46:20,240
We're a little lower.

1319
01:46:23,190 --> 01:46:25,850
Let us speak if we live a mile from that facility.

1320
01:46:27,310 --> 01:46:27,970
Buffett facility.

1321
01:46:29,250 --> 01:46:30,090
Buffett facility.

1322
01:46:30,090 --> 01:46:38,490
every facility is on this address where he's talking about. We have got nothing before this board for that.

1323
01:46:43,030 --> 01:46:46,750
We have not seen it as this board.

1324
01:46:46,850 --> 01:46:50,270
We got a copy of that. You are not telling the truth.

1325
01:46:50,490 --> 01:46:54,850
Toby gave me a copy of right in those letters that literally says those three sides.

1326
01:46:54,850 --> 01:47:00,890
So yes, he's saying it. So stop that, Mr. Varder. You're not telling the truth.

1327
01:47:01,490 --> 01:47:03,510
We have not seen anything in our midst.

1328
01:47:03,530 --> 01:47:08,150
We can send you to take a look for Sam Shade, because he gave it to me.

1329
01:47:08,310 --> 01:47:11,350
Either way, the Ranking House letter is all over the internet.

1330
01:47:11,490 --> 01:47:13,750
You have the same letter.

1331
01:47:13,850 --> 01:47:15,550
No, we're given it.

1332
01:47:16,010 --> 01:47:17,990
You can take control of this.

1333
01:47:31,530 --> 01:47:33,150
It's been online.

1334
01:47:37,070 --> 01:47:40,210
I have it on my phone if you want to see it.

1335
01:47:43,730 --> 01:47:44,770
That's right.

1336
01:47:45,330 --> 01:47:53,990
folks. This is discussion for the board. Are you saying that all of you none of you

1337
01:47:53,990 --> 01:47:57,950
and where's the other two, by the way? Are you saying that all of you have not

1338
01:47:57,950 --> 01:48:04,050
seen that letter for breaking out with the three sites that the REC bubble rule

1339
01:48:04,050 --> 01:48:08,650
electric is proposing? Is that what you all six are saying right there?

1340
01:48:08,650 --> 01:48:14,110
We've seen that we've seen the latter, but we've seen a little bit formerly and has been a lot smaller.

1341
01:48:14,790 --> 01:48:16,250
That's not formal.

1342
01:48:16,450 --> 01:48:17,450
Yes, well, okay.

1343
01:48:17,590 --> 01:48:19,890
It is not formal.

1344
01:48:20,670 --> 01:48:22,670
Until thanks have been submitted.

1345
01:48:22,830 --> 01:48:24,890
You just said you didn't see it.

1346
01:48:25,370 --> 01:48:26,570
And now you're saying you did see it.

1347
01:48:26,570 --> 01:48:30,050
Oh, I never denied that I didn't see it.

1348
01:48:30,330 --> 01:48:32,750
But it hasn't been formally submitted.

1349
01:48:33,210 --> 01:48:35,490
We've got to have an application.

1350
01:48:35,490 --> 01:48:42,490
except for the virus been formally submitted to you, to you, without us.

1351
01:48:43,970 --> 01:48:51,370
No, there will be public hearings on those CUPs when they come out.

1352
01:48:53,990 --> 01:48:58,810
We would like to be able to review the entire proposal for proposed status and everything.

1353
01:48:58,810 --> 01:49:01,130
And then open it up to public comments.

1354
01:49:01,330 --> 01:49:03,430
Then we can actually comment on what you're looking at.

1355
01:49:03,610 --> 01:49:06,770
We absolutely want to trust your judge, but if we cannot receive review

1356
01:49:06,770 --> 01:49:09,070
the 91 page document, the 108 column is relevant.

1357
01:49:09,150 --> 01:49:11,310
That's not a 91 page document.

1358
01:49:11,590 --> 01:49:13,070
It's about a 40 page document.

1359
01:49:13,590 --> 01:49:15,010
That's not a 91 page document.

1360
01:49:15,010 --> 01:49:17,870
You just said, why do you not change?

1361
01:49:18,130 --> 01:49:19,050
No, why do you not change?

1362
01:49:19,090 --> 01:49:19,910
No, why do you not change?

1363
01:49:20,150 --> 01:49:26,070
First of all, Chairman, I think this is not, you've had the public hearing portion of this,

1364
01:49:26,070 --> 01:49:33,130
But first of all, the page numbers are start on page 69 because this would be an answer

1365
01:49:33,130 --> 01:49:37,690
into, you have spoken, but go ahead, Jeremy.

1366
01:49:38,310 --> 01:49:42,610
This is your, this is your, it's well, the board, what's the board say?

1367
01:49:49,040 --> 01:49:52,500
Those two are the way this has been handled here there.

1368
01:50:00,000 --> 01:50:09,380
That is good. That is good. What are you going to do? What do you go to high?

1369
01:50:09,580 --> 01:50:16,380
Especially if there's no seat in the seat? I'm not even there. Do you know what he wants to say?

1370
01:50:18,000 --> 01:50:24,540
I'll write, write, run this! What's it going to hurt? What are you scared of?

1371
01:50:24,540 --> 01:50:31,620
Good to know you are not giving this to this responsibility.

1372
01:50:33,600 --> 01:50:36,000
He gets to talk.

1373
01:50:36,400 --> 01:50:40,260
He staffed for residents.

1374
01:50:40,860 --> 01:50:42,220
We pay his salary.

1375
01:50:42,500 --> 01:50:45,940
I want to remind everybody we pay his salary.

1376
01:50:46,540 --> 01:50:48,140
He is our staff, not yours.

1377
01:50:48,240 --> 01:50:50,620
Since then you've been in the streets.

1378
01:50:55,140 --> 01:51:00,900
Just real quick on clarification, and if you look at the data center regulation section 20,

1379
01:51:01,660 --> 01:51:06,040
that's the very first page, it says page 69.

1380
01:51:07,440 --> 01:51:14,540
That's because our current zoning regulations under Ag, 40 Ag, 80, end at page 68.

1381
01:51:14,540 --> 01:51:21,320
So we would insert this document at the end of that regulation to real clear.

1382
01:51:21,720 --> 01:51:28,920
So the entire regulation was posted online, but it starts at 69, is if you adopted,

1383
01:51:29,460 --> 01:51:31,040
that's exactly where it goes.

1384
01:51:32,680 --> 01:51:34,700
So there's no hiding anything.

1385
01:51:35,040 --> 01:51:39,440
This is the document that was presented to you for this evening and it's accurate.

1386
01:51:39,440 --> 01:51:44,280
It was in a minute and I changed my name to that document.

1387
01:51:44,640 --> 01:51:47,700
Yes, there was late submissions and you know what Mr.

1388
01:51:47,900 --> 01:51:49,060
Yuzel can.

1389
01:51:49,440 --> 01:51:54,000
And don't have the correct submission at the last meeting with the letter

1390
01:51:54,000 --> 01:51:55,140
right now.

1391
01:51:55,600 --> 01:51:56,440
No, just tell me.

1392
01:51:58,020 --> 01:51:59,140
We're telling the truth.

1393
01:51:59,480 --> 01:52:00,620
There is no idea.

1394
01:52:01,080 --> 01:52:01,680
We have it.

1395
01:52:01,680 --> 01:52:03,860
I come up here and got the letter.

1396
01:52:04,080 --> 01:52:06,360
The letter is not an application.

1397
01:52:06,560 --> 01:52:08,020
No, it's not an application.

1398
01:52:08,020 --> 01:52:11,200
and we have to have an application before we.

1399
01:52:11,420 --> 01:52:14,400
Of their regulations is what it is, Mr. Varner.

1400
01:52:14,880 --> 01:52:16,540
Nobody is saying that.

1401
01:52:16,940 --> 01:52:18,660
Everybody is saying it's late.

1402
01:52:18,840 --> 01:52:22,700
Some missions let us have the chance to take a look at it.

1403
01:52:22,980 --> 01:52:25,280
And speak to you with that report, guard.

1404
01:52:25,740 --> 01:52:26,800
That's all we're asking.

1405
01:52:27,260 --> 01:52:28,700
But it's really hard to relate with.

1406
01:52:29,220 --> 01:52:31,000
It's hard to relate with.

1407
01:52:31,440 --> 01:52:33,160
And you will create public goodwill.

1408
01:52:33,740 --> 01:52:35,340
It's like one, somebody can send back there.

1409
01:52:35,340 --> 01:52:44,240
Maybe we're not all opposed to it, but you need to create public good will if you want any kind of credibility in this community.

1410
01:52:45,260 --> 01:52:47,040
God says we will help you out.

1411
01:52:47,040 --> 01:52:52,420
Just as a reminder, we've had two public comment portions of this already.

1412
01:52:52,420 --> 01:53:01,300
We don't have an application in front of you, there was the harm of the land two weeks or four weeks.

1413
01:53:01,380 --> 01:53:09,740
A lot of people didn't know about it, it is not our concern up here.

1414
01:53:14,080 --> 01:53:21,720
And all these narrations mentioned were given to you as well for consideration and their before you tonight.

1415
01:53:21,720 --> 01:53:25,620
Yeah, it's not to concern, no concern of yours.

1416
01:53:25,980 --> 01:53:26,460
What we think.

1417
01:53:26,460 --> 01:53:31,860
A minimum of 38 emails are before you tonight for consideration.

1418
01:53:32,560 --> 01:53:34,740
That what turned in late as well.

1419
01:53:34,740 --> 01:53:38,140
You should

1420
01:53:40,990 --> 01:53:43,670
be holding them to the highest standard possible, right?

1421
01:53:43,670 --> 01:53:44,790
Got a minimum.

1422
01:53:45,930 --> 01:53:47,510
I just have no water everywhere.

1423
01:53:47,690 --> 01:53:51,050
We have the current climate for a plan and closed resources to plan.

1424
01:53:51,190 --> 01:53:54,190
Those debt is not a requirement or a limitation on the water being used.

1425
01:53:54,630 --> 01:54:01,250
And I do, all day well on this, I spend every day of every workout with AI people.

1426
01:54:01,290 --> 01:54:02,130
All day well.

1427
01:54:02,330 --> 01:54:04,550
All of them is researched for the last six hours.

1428
01:54:04,550 --> 01:54:11,790
And I didn't even know you're having a hearing, but we don't have the opportunity to provide you the expertise that was right here in Butler County and it's going to help.

1429
01:54:14,040 --> 01:54:16,400
Oh, we're all what experts need this fire.

1430
01:54:16,520 --> 01:54:20,320
They don't even have an environmentalist in their environmental department from accounting.

1431
01:54:20,660 --> 01:54:21,960
What's the importance of the fire?

1432
01:54:22,680 --> 01:54:28,480
Mr. Mr. Jones, I'm pretty sure that I heard you a couple of meetings and go say,

1433
01:54:28,920 --> 01:54:31,000
that you don't even know what you're regulating.

1434
01:54:31,460 --> 01:54:34,360
And you agree that said everybody after you're probably doesn't.

1435
01:54:34,360 --> 01:54:40,600
It's like, good grief, this is just, it's, it's crazy, that we get laid to mission,

1436
01:54:40,740 --> 01:54:42,780
stoking an opportunity to speak.

1437
01:54:43,720 --> 01:54:50,060
We, this is new to everybody, it's new to you, is it is to us and I urge you, I'm ready.

1438
01:54:50,060 --> 01:54:50,180
That's right.

1439
01:54:50,180 --> 01:54:51,780
I'm ready for the motion from the board.

1440
01:54:52,360 --> 01:54:54,360
London, the fear of London.

1441
01:54:57,400 --> 01:54:59,480
I'm so, so be here.

1442
01:55:03,200 --> 01:55:12,800
Please, please, please, please, I'm trying to talk to be with regards to what we received over the weekend, the emails, the late submissions.

1443
01:55:15,080 --> 01:55:23,920
What should we qualify as maybe a late submission? Because someone sending an email saying I don't want a data center, we're going to continue to get things like that.

1444
01:55:23,920 --> 01:55:30,080
So what point do we say, we're going to approve regulations?

1445
01:55:30,600 --> 01:55:32,720
Somehow we're going to approve them.

1446
01:55:33,340 --> 01:55:34,760
It's one thing to send a suggestion.

1447
01:55:35,920 --> 01:55:41,180
It's one thing to provide, you know, some alternatives,

1448
01:55:41,700 --> 01:55:44,100
you know, some options, things that sort of versus just saying,

1449
01:55:44,180 --> 01:55:45,020
I don't want to add a second.

1450
01:55:47,330 --> 01:55:50,070
Sort of the question is, well, that's what I'm saying

1451
01:55:50,070 --> 01:55:53,090
with late submissions, because we've taken the mission

1452
01:55:53,090 --> 01:55:58,810
Again, that we got over the weekend, we're provided to you just like they were last time for consideration.

1453
01:56:01,530 --> 01:56:07,450
Also, Mr. Barnard did close the record, so we would continue not to get,

1454
01:56:08,050 --> 01:56:10,230
because this could go on and on and on.

1455
01:56:10,950 --> 01:56:20,050
At some point, the board either wants to consider what's before them or take action on it.

1456
01:56:20,050 --> 01:56:20,490
Here

1457
01:56:24,260 --> 01:56:32,120
we're talking about the email they say because the link submissions I'm talking about is what happened at the end of last meeting after public comment heading close

1458
01:56:32,120 --> 01:56:34,740
That is what I'm talking about it. It's the same, too

1459
01:56:37,020 --> 01:56:42,460
Here, right in the love it more the beginning of the meeting and you'll allow those

1460
01:56:42,460 --> 01:56:51,740
E.C. Which didn't have a cover page, which was given to the board

1461
01:56:51,740 --> 01:56:59,780
Which is why they were why they were submitted and provided to the general public because they are accurate records that were submitted

1462
01:57:17,380 --> 01:57:20,720
Did I answer your question?

1463
01:57:23,000 --> 01:57:30,960
And by the way, I don't know how you got an email because we come up here and ask for your email addresses and they said we couldn't have them.

1464
01:57:30,980 --> 01:57:33,820
I did not, I did not get an email personally.

1465
01:57:34,080 --> 01:57:34,560
Okay.

1466
01:57:34,580 --> 01:57:35,060
Okay.

1467
01:57:35,860 --> 01:57:38,680
Are you just talked about all these emails you guys got.

1468
01:57:39,120 --> 01:57:39,880
No, no.

1469
01:57:39,900 --> 01:57:43,980
These are all the emails that were sent to staff that were printed off and provided to them.

1470
01:57:44,020 --> 01:57:44,800
Are you staff?

1471
01:57:45,460 --> 01:57:45,860
No.

1472
01:57:46,240 --> 01:57:46,560
Staff.

1473
01:57:47,000 --> 01:57:49,040
These were all emails that were sent to staff.

1474
01:57:52,480 --> 01:58:01,500
We are having a pointy, you are a political and a pointy by the commissioners, so you don't have

1475
01:58:01,500 --> 01:58:05,060
Are you going to open the public meeting or are we not?

1476
01:58:05,300 --> 01:58:05,360
Okay.

1477
01:58:05,360 --> 01:58:09,200
I think the commission is a tabler of doubt.

1478
01:58:10,560 --> 01:58:10,680
Yes.

1479
01:58:11,940 --> 01:58:13,800
Do you have official email?

1480
01:58:14,380 --> 01:58:14,460
Okay.

1481
01:58:15,300 --> 01:58:18,000
So how do you guys communicate if you don't have official email?

1482
01:58:22,320 --> 01:58:29,140
You don't have an official email, but somehow no, he printed them off and we got him so you don't have an advantage

1483
01:58:44,540 --> 01:58:46,060
You don't have an advantage

1484
01:58:49,880 --> 01:58:57,400
Mr. Chairman, I recommend we move forward to either take over the request, or take action on the request.

1485
01:58:57,400 --> 01:58:59,040
I think that's a really bad idea.

1486
01:58:59,540 --> 01:59:01,520
I think the one on this side is all of our opinion.

1487
01:59:02,360 --> 01:59:02,940
I'm not sure.

1488
01:59:03,480 --> 01:59:03,720
Yes.

1489
01:59:04,020 --> 01:59:05,800
The most involved in the very last page on that one,

1490
01:59:05,960 --> 01:59:06,940
on the separate part.

1491
01:59:07,220 --> 01:59:07,360
Yes.

1492
01:59:08,420 --> 01:59:09,360
Every email.

1493
01:59:10,460 --> 01:59:10,800
All right.

1494
01:59:11,220 --> 01:59:11,260
All right.

1495
01:59:11,260 --> 01:59:12,040
How are you, sir?

1496
01:59:12,880 --> 01:59:13,860
So, I guess.

1497
01:59:14,380 --> 01:59:14,700
It's an extra.

1498
01:59:15,400 --> 01:59:16,000
That's awesome.

1499
01:59:16,040 --> 01:59:17,160
Can I make it, man?

1500
01:59:19,360 --> 01:59:20,980
Can I make it, man?

1501
01:59:21,860 --> 01:59:23,240
Can I make it, man?

1502
01:59:23,240 --> 01:59:24,020
Can I make it, man?

1503
01:59:24,020 --> 01:59:24,520
Can I make it, man?

1504
01:59:24,520 --> 01:59:24,540
Can I make it, man?

1505
01:59:24,540 --> 01:59:24,780
Can I make it, man?

1506
01:59:25,360 --> 01:59:26,040
I can.

1507
01:59:28,060 --> 01:59:39,300
I would like to respond to your comment, ma'am, that you made to me, and yes, I made that comment.

1508
01:59:39,920 --> 01:59:42,020
And yes, I stand by that comment.

1509
01:59:42,020 --> 01:59:45,660
Thank you, Mr. Jones. Thank you for acknowledging that you set that.

1510
01:59:45,660 --> 01:59:58,410
I'm not denying that I said that the process that we are working on is simply the application process.

1511
02:00:00,000 --> 02:00:11,700
The regulations within any data center that may or may not be proposed against us, or to us.

1512
02:00:12,960 --> 02:00:28,040
We still have latitude within that CUP to continue to regulate things as we find out more and more information concerning these particular projects.

1513
02:00:29,620 --> 02:00:30,900
correct Toby.

1514
02:00:34,500 --> 02:00:40,840
No, no, no, no, it's not public hearing. Can I finish it? Can I finish it?

1515
02:00:41,180 --> 02:00:44,540
Could be, I guess we're trying to do the job like some issues.

1516
02:00:44,540 --> 02:00:45,400
Can you finish this?

1517
02:00:46,220 --> 02:00:46,540
No.

1518
02:00:49,540 --> 02:00:50,260
Make a motion.

1519
02:00:51,820 --> 02:00:53,640
Just give us an opportunity.

1520
02:00:54,880 --> 02:00:57,700
Mr. Chairman, I moved to adopt the recommended

1521
02:00:57,700 --> 02:01:03,280
findings found within the staff report as to the reasons for our recommendation to the board.

1522
02:01:03,820 --> 02:01:07,580
Recommend approval of the proposed amendment to the zoning regulations of

1523
02:01:07,580 --> 02:01:12,840
Butler County Kansas by adding section number 20 to Article 7,

1524
02:01:13,060 --> 02:01:18,480
conditional uses for data center regulations, section 7, 301 to the board.

1525
02:01:18,480 --> 02:01:28,660
A dot resolution PC262, a resolution adopting amendments to Article 7, Section 7, 3,

1526
02:01:28,860 --> 02:01:35,520
conditional uses for data center regulations, 7, 301 of the zoning regulations.

1527
02:01:35,520 --> 02:01:44,440
have staff adopt an application specific to submissions related to data centers to assist in

1528
02:01:44,440 --> 02:01:52,160
the systematic administration of a CUP request and require a written summary of proceedings

1529
02:01:52,160 --> 02:01:55,160
is be forwarded to the board of County Commissioners.

1530
02:01:56,580 --> 02:01:56,800
Thank you.

1531
02:01:56,880 --> 02:01:57,620
Do you get everything?

1532
02:01:58,440 --> 02:01:58,840
Yes.

1533
02:01:59,100 --> 02:02:00,280
You have talent.

1534
02:02:02,000 --> 02:02:02,420
You're going to go there.

1535
02:02:02,420 --> 02:02:03,920
Is there a second?

1536
02:02:05,100 --> 02:02:05,860
All second.

1537
02:02:06,440 --> 02:02:06,900
Hello.

1538
02:02:07,060 --> 02:02:07,300
Hello.

1539
02:02:07,880 --> 02:02:08,940
Can I have a seat?

1540
02:02:12,520 --> 02:02:13,680
I'm Alan on the motion.

1541
02:02:14,000 --> 02:02:15,080
March on the second.

1542
02:02:15,380 --> 02:02:17,120
Further discussion amongst the board.

1543
02:02:17,160 --> 02:02:17,780
I'm going to go.

1544
02:02:22,490 --> 02:02:23,930
I'm voting to see your current.

1545
02:02:23,930 --> 02:02:24,930
Thank you.

1546
02:02:26,190 --> 02:02:26,370
Thank you.

1547
02:02:32,390 --> 02:02:32,730
Okay.

1548
02:02:44,730 --> 02:02:46,050
Good work for us.

1549
02:02:46,450 --> 02:02:46,950
Thank you.

1550
02:02:49,230 --> 02:02:49,490
Thank you.

1551
02:02:49,490 --> 02:02:50,610
Thank you.

1552
02:02:54,220 --> 02:02:54,760
Thank you.

1553
02:02:57,270 --> 02:02:58,650
The vote is 33.

1554
02:03:00,890 --> 02:03:01,250
Yes.

1555
02:03:01,650 --> 02:03:03,770
Before I break the tie.

1556
02:03:05,070 --> 02:03:09,010
This will be the third or fourth time I've voted in the last 20 some years.

1557
02:03:10,390 --> 02:03:19,870
And with everything that's been said and done, we can sit here and go and argue about this for Frick and Ever.

1558
02:03:21,590 --> 02:03:24,110
People don't want them. People don't want this.

1559
02:03:25,130 --> 02:03:28,010
But we need regulations to do it.

1560
02:03:28,910 --> 02:03:32,730
I'm going to approve motion carried for three.

1561
02:03:41,480 --> 02:03:42,440
That'd be a failure.

1562
02:03:42,840 --> 02:03:43,640
Yes, absolutely.

1563
02:03:43,640 --> 02:03:44,280
Stay in the company.

1564
02:03:44,700 --> 02:03:44,840
Stay in the company.

1565
02:03:48,200 --> 02:03:49,000
Meeting adjourned.

1566
02:03:49,120 --> 02:03:49,680
What a failure.

1567
02:03:54,910 --> 02:03:55,570
Is it needed?

1568
02:03:59,110 --> 02:03:59,490
How are you?

1569
02:03:59,950 --> 02:04:00,550
How are you?

1570
02:04:00,670 --> 02:04:00,830
Yeah.