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Tree Reporter, Thursday, April 22, 2004
PUBLICATIONS
Page 9
8 -
have other uses
other land that they'd
have zoned as high-
He said that
the entire piece would
screening the entire
boundary of 3/8 of a
would be a large
Thompson said that
believes that the area
turning lanes ff the
is going to consider
Zonings and asked if
is planning to add the
lanes. Meisner said
is not because they
the amount of
on 540th Street.
said that MOth
has twice the traffic
should have. Meisner
does not see how it is
responsibility if the
not increasing traffic.
said that the Board has
receiving complaints
the refrigerated trucks
but with the new
there for 4
explained that all
currently automati-
temperature, but
increase. Stutsman
those traders con-
there
trailers that contain the
being loaded at the
dock. He said that the
will be held in
until loaded in
immedi-
Thompson asked if the
onto MOth Street will
the first stage of
is finished.
replied that customers
t driveway to access the
but the 540th Street
traffic win decrease
trailers per day
:and exiting.
asked if the
will inspect the new
Assistant Planning
Administrator R.J.
replied that the building
subject to the County's
:codes. Moore said that
permit won't be
Until the Board has done
review, per Chapter
Moore said that part of
requirements prohibit
onto anything but a
which they have
with Meisner and
He said that's why
rezoning
to take the
out to the north or it
he prohibited by the site
Stutsman asked if
meets those require-
Moore explained that
:they
in compliance with
i Road Performance
and the site plan
uirements. He said
plan does not accom-
Neuzil said that if
approves the rezon-
then not be eligi-
building permit based
Site plan review process.
eXPlained that there is a
in the site plan ordi-
states that if the
not onto a paved road,
work with the
to reach
for paying for
to the non-paved
said that they
of these require-
per his conversa-
staff, they were told
rezoned the entire
area, then the 540th access
would no longer be a problem.
He said that the property would
still continue to abut 540th
Street and that would not
change. Thompson said that
the entrance is needed for cus-
tomers and the delivery of the
raw product. Moore agreed.
Thompson asked if this plan is
substantially different that
what [he Commission saw.
Moore replied that Meisner
explained that changes well,
adding only the proposed new
building and cooler. Meisner
said that some dairy employees
park in front of the area zoned
C2/MI. Roetlin said that they
have no use for the land north
of the proposed area for this
project. He said that the ease-
ment allows them to access
Highway I, which is a hard sur-
faced road.
Stutsman asked why Moore
would like the entire area
rezoned. Moore replied that
the Cheese Factory is a valu-
able resource for Johnson
Coun so any ing the
can do to facilitate the improve-
ment of the business should be
done. However, Moore
explained, the County has prob-
lems in the area where the cus-
tomers, employees, and semis
currently and the Board
has the opportunity to resolve
the issue. Moore explained that
anything that can be done in a
CH zone, can be done in a M1
zone, it just requires some
the store. Roetlin agreed, but
added the milk trucks would
still continue on the south side
of 540th Street. Thompson
asked what assurances the
Board would have without
eliminating the driveway.
Roetlin said that the zoning
comes right up to the old build-
ing because they need to keep
the old process going until the
new building is running.
Stutsman asked what the park-
ing area will be used for if semi
traffic will no longer enter at
that entrance. Roetlin said that
although semis would enter
from the north, they would be
staged in the drive area,
Harney asked if Roetlin will
be adding to the problem by
storing semis in other areas
and then becking them across
540th Street when loading.
Brown said that in order to
comply with the site plan regu-
lations and the Road
Performance Standards, there
cannot be access to that parcel
from the soutl He said that
Roetlin may be willing to gate
off that access if need be.
Moore replied that according to
the site plan review process, he
is correct. Stutsman said that
she thought it would be a good
idea to park the semis on the
new parcel because she hears
complaints of having semis
parked up and down 540th
Street. Brown replied that
parking the ~emis there is what
the dairy wants to do, but as he
concern is alleviating the traf-
fic problem and she thinks this
proposal would be a step in the
right direction. She clarified a
previous statement explaining
that she would not support any
new rezoning that would
increase the traffic load, but in
her mind this is an adjustment
to a current zoning. She said
that from what she's heard, it
would reduce traffm, which
would help alleviate the con-
cerns she has regarding the
intersection. Stutsman said
that she is not sure how they
would be able to ensure that the
land would be used as suggest-
ed. Moore explained that the
Board can ensure in the site
plan review that the parcel
accesses Highway I.
Harney said that if there are
more semis accessing the prop-
erty from Highway I and there
will be semis backing in off
Highway I, then they will be
adding to the problem on
Highway 1. He said that what
he's said in the past is that he
isn't willing to add to the prob-
lem, so ff Roetlin is willing get
rid of the access and access the
entire property from the new
drive, he'd consider the zoning.
Stutsman asked if that could be
addressed in the site plan
review. Moore replied that only
the parcel in question can be
addressed during the site plan
review. Lehman said that the
semi traffic would be moved to
the current driveway of the old
expenditure on Roetlin's part. ur)derstands the current regu- implement dealership, which
Moore said that currenfly/A tions do not to allow for that. would jusfrelocate the traffic.
Roetlin is non-conforming He said that the new plant will He said that he's concerned
because if this was bare prop
erty, the Board would not
approve a site plan for the bust:
ness as is because it would vio-
late all the County's ordi-
nances. Moore said that he
spoke with Roetlin about mak-
ing it better and he under-
stands Roetlin's resistance. He
said that Planning and Zoning's
priorities are 2 fold: 1) make
sure the County's ordinances
and policies are followed and 2)
seeing the dairy continue to be
a great business. Stutsman
said that Meisner mentioned
that buffering was one of the
big issues and the Board has
made concessions on buffering
in the past. Thompson asked
why the new access could not
be the driveway without rezo~-~'
ing the entire property. Moore
replied that they woul~d need to
rezone and replat in order to
eliminate the 540th Street
access in order to be compliant
with the Road Performance
Standards and site plan review.
Stutsman asked if that's the
only way to eliminate the
access. Moore replied that they
would have to replat.
Thompson asked how the cus-
tomers would enter the proper-
ty if they eliminated that
access. Moore replied that they
would have the option to leave
the Cheese Factory parcel out,
then rezone and replat the new
piece with the rest. Thompson
said that ~the trucks would go in
one driveway and out the other.
Moore said that it is a problem.
Thompson asked where the
incoming product would come
in. Moore said that they'd have
to go in through the north and
unload between the 2 buildings.
Meisner said that the milk goes
to the south side of the road.
Stutsman clarified that by
adding the addition there
would no longer be any semis
entering the front entrance by
not be accessed from MOth
Street. He said that if there is a
way to further alleviate the
traffic situation by continuing
to use a portion of that proper-
ty to temporarily park trucks
using the facility south of 540th
Street, they'd be happy to con-
sider those possibilities.
Harney said that he's still not
clear how Roetlin will store
vehicles at the facility south of
540th Street. Stutsman said
that complaints she hears are
regarding the trucks lined up
on 540th Street, waiting to
unload milk at that facility. She
said that she sees advantages in
moving tt~ose semis off the
road and into the parking area,
but currently they cannot
because the trucks picking up
the byproducts are in the wa):
Stutsman said that since the
byproduct trucks would be
• reduced, they would then have
room to park the tankers
unloading milk. She said that
they'd still have to cross the
Highway, but it would be more
advantageous than having a
great deal of semis parked
along 540th Street. Neuzil said
that by reducing the semis pick-
ing up the byproduct, it would
allow more space, but the
County's site plan review
process will not allow any vehi-
cles access from 540th Street.
Harney replied that they're
currently proposing to store
vehicles in that area, but it is
much safer to have semis
parked along the side of the
road than it is having them
backing across the road to
unload. Roetlin said that
Stutsman is correct in her
assessment. Stutsman said she
would have to look at the area
to really understand, but it
could be done in a way so the
trucks wouldn't have to back
across the road.
Stutsman said that her main
with the precedence this would
set. Lehman asked the Board
how they would then address
Yutzy when he proposes to
move his driveway to Highway
I as well. He said that he wants
to treat both applicants fairly,
even though Yutzy's applica-
tion would be a bigger jump
from agricultural to industri-
al/commercial than it would be
for commercial to industrial.
Stutsman asked Beasley if
Yutzy is still considering mov-
ing his business to that loca-
tion. Beasley said that he is
always considering all his
options. Stutsman said that the
Cheese Factory area is already
zoned MI and could be sold.
Beasley replied that he argued
zoning classifications last time
instead of specific use, but the
Board did not agree. He said
that by approving this applica-
tion, the Board would be saying
that industrial use is compati-
ble in the area, which is what
he argued with Yutzy's applica-
tion unsuccessfully.
Stutsman said that the Board
approved an Economic
Development Plan recently tar-
geting this corner as an area for
economic development and this
application is an expansion of
an existing business. Stutsman
said she cannot walk away from
a $10 million expansion that is
appropriate at this intersec-
tion. She said that she voted to
deny Yutzy's application, but
that would intensify the traffic
situation and this project would
start to modify those problems.
Motion by Stutsman, to
waivethe reqtrirement of three
considerations before amend-
ing an ordinance and to
approve Application 7_,0400,3 on
first and second consideration.
Motion died for lack of a sec-
ond.
Stutsman clarified that if the
application is denied, Roetlin
will not be able to buildhis
building. Moore replied that is
correct because Planning and
Zoning feels the zoning is
wrong. Stutsman asked what
will happen with the Kraft con-
tract. Roetlin replied that they
will not get the contract.
Meisner asked if there is any.
thing they can do to accommo-
date the Board's concerns.
Harney said that he has 2
issues, 1) backing semis across
MOth Street and 2) adding addi-
tional problems to traffic on
Highway 1. Brown said that he
does not believe they're adding
any new traffic to Highway 1
because they are reducing total
traffic by 6.5 semis per day
because they are currently
coming in off Highway 1 and
turning on MOth Street. He
said that if the zoning is
approved and the plan is built,
instead of 8 trucks per day they
will have 1.5 trucks per day
accessing from the north off
Highway 1 instead of turning
onto MOth Street where there is
a site distance problem. He
said that the net result is a
decrease of trucks on Highway
1 as well. Harney said that
there would still be multiple
problenm created because there
will be trucks backing in onto
MOth Street and trucks turning
off Highway 1 at another
access. Meisner asked if the
Board would be more willing to
consider the application if they
could eliminate the problem of
trucks backing onto Highway 1.
Harney replied that he would
be more interested. Roetlin
clarified that the Board would
prefer to get rid of the loading
dock now by building a tempo-
rary loading dock. The Board
agreed. Roetlin replied that
they could do that. Meisner
replied that they could revamp
the existing loading dock to exit
the trucks to the north.
Thompson said tl t the Road
Performance Standards state
that there is too much traffic
and Johnson County Council of
Governments Executive
Director Jeff Davidsonhas said
that the intersection needs
repairs. Stutsman said that
they're just talking about 2
semis. Thompson said that she
understands that, but the
amount of traffic doesn't mat-
ter because changing the land
use is the issue. She said that
whether the traffic will
increase or decrease, the Board
has the opportunity to improve
the situation. Thompson said
that she is not willing to
approve the application unless
the driveway on 540th Street
will be closed or turning lanes
are added to the intersection.
Lehman agreed and said that it
is a fairness issue since they
would be .relocating the prob-
lem. He said that this applica-
tion skirts the issue of address-
ing that intersection. Lehman
said that even though it is a
rezoning, this applicant should
contribute to turning lane
application in the future.
Stutsman said that the Board
should be prepared to consider
the transfer station across the
road again. Lehman said that
the Yutzy application could also
move the access in order to take
the traffic away from the inter-
section and move it up the road.
Stutsman asked Meisner ff he
would be willing to defer the
application and bring in anoth-
*I~CzAt$ - see ~Be 10