Planning commission approves conditional use permit for demolition landfill, recycling operation in Minocan Township

The Shawnee County Planning Commission on Feb. 10 approved a conditional use permit for SCF Real Estate LLC to establish a demolition landfill and recycling facility on a roughly 36.05-acre property described in staff materials as Northwest 20 Fifth Street in Minocan Township. The commission voted 6-0 to approve the application and forward the item to the Board of County Commissioners, which is scheduled to hear it March 13.

Staff said the property previously was used as a KDOT borrow area and that the current owner is seeking to bring past activity into compliance. Planning staff presented the site plan, said 13 notification letters were mailed to property owners within 1,000 feet and listed three conditions recommended for approval: (1) obtain a solid-waste-processing permit from the Kansas Department of Health and Environment (KDHE) Bureau of Waste Management; (2) prior to any work, ensure copper or fiber-optic lines along NW 20 Fifth Street are located; and (3) operating hours limited to Monday–Friday, 7 a.m. to 5 p.m., with other activities to follow the applicant's statement of use dated 12/19/2024.

Applicant representatives told commissioners they secured the site to prevent random dumping and plan to process and recycle materials such as asphalt, concrete and clean soils. Vernon Jarbo, attorney with Sloan Law Firm speaking for the applicant, said: "We recognize the 3 requirements that staff has placed on the property, and we're comfortable with everything that was said by staff." Roger, identified as the SCF manager, and an engineer from SVB Engineering were present to answer technical questions.

A nearby resident, Dennis Muller of 530 N. Coast Point, spoke during the public hearing but said he did not have strong opposition. Muller asked how the facility would affect farming and groundwater; he also described past practices at the site and asked whether any testing had been done. Planning staff and the applicant said they were not aware of evidence of hazardous materials on the site, that the county's environmental health office had received a complaint and inspected material, and that KDHE permitting would address processing standards and any cleanup requirements if contamination were discovered. One staff member referenced federal cleanup law in general terms, saying if contamination were found it would have to be addressed and that responsible parties could be pursued.

After discussion and questions from commissioners, a motion to approve the conditional use permit based on staff recommendations carried 6 to 0. Commissioners recorded yes votes from Jeanette Johnson, Terry Robinson, Dan Bryan, Myron Lenwitter, Chad Gearhart and Rosa Cavazos. Staff noted the KDHE permit is required before processing begins and that the CUP contains an abandonment timeframe (24 months) if the site is not used for the permitted purpose.

The planning commission's approval sends the item to the Board of County Commissioners, which will consider the permit at its March 13 meeting. If KDHE or subsequent review identifies contamination or other regulatory issues, additional remediation or conditions could be required under state and federal law.