Leavenworth planning commission recommends denial of Flatland Disposal special-use permit after heated Easton hearing

The Leavenworth County Planning Commission voted 8-0 to recommend denial of a special‑use permit for a proposed 22.81‑acre construction and demolition (C&D) landfill operated by Flatland Disposal LLC, following a public hearing that drew more than a dozen residents who described ongoing odor, dust, fires and traffic problems tied to an adjacent landfill.

The permit would have allowed operation Monday–Friday 7 a.m.–6 p.m. and Saturday 7 a.m.–5 p.m., up to eight on‑site employees and a stated initial truck volume of about 15 trucks per day with a potential to increase to roughly 60 truck trips per day, staff said. Planning staff recommended denial in a written report and during the meeting, concluding several of the standard “golden factors” for an SUP were not met.

Commissioners cited the proposal’s incompatibility with the surrounding rural residential and agricultural area, unanswered environmental and public health concerns, and likely traffic and safety impacts on narrow county roads near several schools. Commissioner Owens moved to recommend denial, identifying golden factors 1, 2, 4 and 6 (neighborhood character, suitability under current restrictions, traffic impacts and public health/safety) as the basis; the motion passed 8–0.

Why it matters: Residents who testified said the broader community has endured odors, smoke and debris related to the existing, adjacent landfill for years and that enforcement and remediation tied to the earlier operation remain unresolved. Several speakers and commissioners said those outstanding issues weighed on their evaluation of the new SUP request for nearby, currently undeveloped property.

What happened at the hearing - Staff described the proposal as a new, standalone SUP for a C&D landfill on parcels accessed from Turner Road; the application package included proposed hours, staffing, truck‑count estimates and proposed on‑site fuel and chemical storage. Staff noted an existing SUP on the adjacent site is subject to a state cease‑and‑desist order; they recommended denial based on multiple golden‑factor failures. - Attorney Vince Cousy, representing the applicant, said the proposal should be considered a lawful use within the county’s code when authorized by an SUP and contended that truck volumes cited by staff (roughly five trucks per hour at peak) would not by themselves create a detrimental impact. He also noted a long history of a landfill in the area and argued the county’s comprehensive plan is a guide rather than an absolute prohibition. - Technical witness Tony Molini of Terracon and owner Mark Blackburn (Universal Waste System/Flatland Disposal) described plans to meet KDHE permitting requirements, asserted efforts to extinguish on‑site fires, and said the company would pursue modern operational controls and community engagement. - More than a dozen residents spoke in opposition, citing continuing odor and smoke, prior overfill and enforcement history, risks of additional truck traffic on winding county roads near school routes, possible groundwater and air contamination, and negative impacts on property values. Several speakers said the previous landfill operation produced unpermitted materials and that enforcement by state regulators had not adequately resolved environmental and public‑health concerns.

Commission deliberations and motion Planning commissioners focused their deliberation on the established golden factors used for SUP decisions. Several commissioners said they were open to a future, more comprehensive remediation and community engagement plan but that the application before them — a standalone SUP for undeveloped parcels adjacent to an existing, problem‑ridden site — did not meet the tests required for approval. The commission’s denial is a recommendation to the Leavenworth County Board of County Commissioners; the BoCC will consider the item in a future hearing (the planning commission recorded that the BoCC would hear the item no earlier than July 2025).

Next steps The planning commission’s 8–0 recommendation to deny moves the application to the County Commission for final action. The applicant and community members also discussed the possibility of a separate remediation plan or a revised application with more extensive community outreach and technical details on monitoring, traffic mitigation and environmental controls.

Ending: The hearing produced sustained public comment and detailed back‑and‑forth between staff, the applicant and residents; commissioners emphasized that while technical fixes can be proposed, the current SUP application did not satisfy key tests for neighborhood compatibility and public welfare.