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Shawnee County planning panel recommends conditional use permit for demolition landfill and recycling facility

2627939 · February 12, 2025
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Summary

The Shawnee County Planning Commission voted 6-0 to recommend approval of a conditional use permit (CU 2501) for a demolition landfill and recycling facility on roughly 36 acres in the RR1 Residential Reserve District; the proposal is scheduled for a Board of County Commissioners hearing March 13.

The Shawnee County Planning Commission voted to recommend approval of a conditional use permit for CU 2501, a demolition landfill and recycling facility proposed on about 36.05 acres in the RR1 Residential Reserve District near Northwest 20 Fifth Street.

Planning staff told commissioners the site had previously been used as a borrow area for a Kansas Department of Transportation project and that some material was present from that earlier use. Staff said 13 notices were mailed to property owners within 1,000 feet and that they had received no public comments before the hearing. Staff recommended approval subject to conditions that include obtaining a Kansas Department of Health and Environment solid waste processing permit, locating copper or fiber-optic utilities before work begins, and limiting operating hours to Monday–Friday, 7 a.m.–5 p.m., and adherence to a statement of use dated Dec. 19, 2024.

Vernon Jarbo of Sloan Law Firm, representing the applicant, said the applicant accepts staff's conditions and that the operation will secure the site and manage incoming material, recycling asphalt, concrete and clean dirt where possible. "We recognize the requirements that staff has placed on the property, and we're comfortable with everything that was said by staff in terms of their presentation to you," Jarbo said.

A nearby resident, Dennis Muller, spoke during public comment with questions about farming access and groundwater impacts. "I don't really have a lot of opposition to what they're doing. I just had some questions about how it's gonna affect our ability to farm around it," Muller said. Planning staff and the applicant said they would follow up after the meeting to discuss farming access and that the county's environmental health office had been involved earlier when neighbors reported dumping.

Commissioners asked staff about prior informal use of the site and the potential for contamination; staff said there was no evidence of hazardous material on the visible piles and that KDHE would review materials as part of the required solid waste processing permit. Staff also noted an abandonment timeframe in county regulations that could remove the permit after 24 months of nonuse.

After discussion, the commission moved and seconded approval based on staff recommendations and conducted a roll-call vote. The planning commission vote was recorded as yes from Terry Robinson, Dan Bryan, Jeanette Johnson, Myron Lenwitter, Chad Gearhart and Rosa Cavazos for a 6–0 recommendation. The item will be considered by the Board of County Commissioners at its March 13 meeting.

The commission's action is a recommendation; KDHE permitting and any Board of County Commissioners decision will govern final approval and operational requirements.