Call the order of the planning and zoning board. The chair declares a quorum. We need to
approval of the agenda before us. There is one change to the agenda item E2 is going to be moved
after F6, as the case will have a bearing on the reconsideration of E2. So with that change,
I need a motion to approve the agenda.
Second, Andy on the motion, and Kermit on the second.
Oh, those in favor say aye. Aye. Those opposed motion carried. Approval of the minutes of the
November 4th, 2025, meeting minutes, is there any additions and or corrections?
If not, we need a motion to approve.
Make a motion to approve a minute.
A second.
Christy on the motion, Bryce on the second.
Further discussion.
All those in favor say aye, those opposed motion carried.
First item under Old Business, item E1, public carrying to consider C20504, a request to
operate an outdoor recreation rodeo events located at 2880 Northwest County Line Road,
Benton, Kansas, and one thing staff, if you would read the, we've come up with a little
bit of the, to hopefully keep our meetings moving alone.
Audience participation, participation from the four, or the audience on any matter may be limited
at the discretion of the presiding officer when, in the opinion of the presiding officer such
participation is repetitious, contained statements, derogatory to the character integrity,
or actions of the planning commission, or any member without support of such allegations.
When the course of business due to the number of matters to be considered, or the number of
people requesting to be heard, will not reasonably permit further participation.
person speaking on a given item or case from the floor may speak only once, unless otherwise
requested to do so by the Planning Commission members, or when such person receives permission
from the presiding officer.
Thank you.
No, no, no, no.
Please.
Yes, Jose and Luis.
Jose Luis and Eva Rivera on a track of land containing 37 plus or minus acres.
The property is currently zoned Ag 80.
The owners deserve to operate rodeo events on their property.
On September 2nd, 2025, the planning commission tabled the request so that staff could
look further into some issues related to the dam breach area located on the property.
On October 7th, the planning commission tabled the request until December 2nd at the request
to the owners, the operational plan indicates that a maximum of eight total events shall be
allowed in a calendar year. Two of the eight events may be classified as a major event,
which would allow for a maximum of 400 attendees. Any other event would allow for a maximum
of 300 attendees. Individual events shall last no more than four days total, beginning
on a Thursday and ending on a Sunday, and the owner shall maintain a calendar which would be
available to the county upon request. Upon demonstration of additional part, parking the
owner would like to reserve the right to request additional occupancy per the zoning administrator.
The plan indicates a schedule for live music, which is Thursday 7 a.m. to 10 p.m.
Friday
and also notes the following that the county sheriff's office is to be notified at least 48
hours in advance of the in-e events.
The applicant shall coordinate with the township officials for the cost and or provision
of material needed for any necessary road maintenance.
The property shall be maintained in the substantial compliance with the site plan submitted.
Any substantial deviation from the site plan shall require approval from the zoning administrator
The conditionally use shall become null and void upon the transfer of ownership.
If the county zoning administrator finds that there is a violation of any of the conditions
the zoning administrator may enforce all the remedies outlined in the Butler County
zoning code.
The property is zoned ag AD, as mentioned, the intent and purpose of the zoning regulation
has a pita ag AD zoning classification.
is to allow for minimal development in rural areas outside the urban growth area.
It is more suitable in rural locations inside the UGA where adequate public roads and public services are available.
It is not necessarily whether it proposes consistent with the intent and purpose of the zoning regulations
but whether the proposed use is appropriate for the area in which it is located.
The property is located outside the urban growth area of the county and is being used for
ag purposes. The property is surrounded by ag, AD and ag, 40 properties. There are some
r r properties located just over a mile to the south on the border of the urban growth area
boundary. There is one other conditional use for an event venue located approximately one
off my way on Northwest Butler Road.
The current home is serviced by Harvey County
rural water district number six.
There is a three-inch water main that runs on the east side
of Northwest County Line Road.
If the owner does request to extend water to the event area,
a feasibility study would need to be conducted
and a second meter would be required.
Northwest County Line Road is a gravel roadway
maintained by Murdoch Township.
North West 30th Street located to the North as a paved county roadway.
The site plan does indicate the proposed parking area would be located to the west of the
existing Pavilion, and the drive to this area would be located on Northwest County Line
Road.
The operational plan does suggest the owners willing to assist in a cost of maintenance on
Northwest County Line Road after an event.
Staff did reach out to the Murdoch Township Trusty.
He was going to run the idea of a maintenance agreement by the board members, but wouldn't
happen until December 8th.
However, he did suggest that the entrance is a short distance from Northwest 30th Street and
that ranchers and farmers in the area are always running large vehicles down the roadway.
Electricity is provided by the role of electric.
There is a restroom located at the rodeo area, which currently drains to a septic tank.
If approved staff would need to ensure the tank meets codes,
staff does fill there will be in some impact on surrounding property owners and is proposing consideration of the following conditions to limit those impact.
Event hours could be taken into consideration 90M to 11 PM with no loud music or no loud noise or music after 10 PM.
steps should be taken to manage the flow of traffic to and from northwest county line road.
The entrance located off at northwest of the street should not be utilized for the events.
If Murdoch Township requires a maintenance agreement, the owner shall enter into such agreement.
All lighting should be pointed in a downward direction to limit the impact on surrounding neighbors.
Alcohol should only be served by those licensed seducer.
comply with building code inspections on any structure constructed without building permit and or sewage permit.
The sheriff out office shall be notified at least 48 hours in advance of each event and all other state and local requirements related to the operation of the business shall be met.
There is a FEMA map to area located on the property.
Sorry I'm long-winded tonight, I'm trying to give you a full picture.
There is a FEMA map to area located on the property that runs north
and south along Wildcat River.
A portion of the rodeo arena and some pins are located within the
FEMA map to area.
These existing structures appear to be located mostly outside this area.
Just a small portion of the rodeo area itself might be located in.
There is a large dam breach and a nation area located on the property.
All of the arena structures and pens are located in this area.
However, after further investigation, the map overlay used to determine the dam breach
area or NRCS files which were provided sometime in 2021 to staff.
These files have not been available to the general public despite several attempts to do so.
For the more state studies and shape files,
probably should really be used to determine
the drain breach areas or watershed areas,
but not all the dams have been studied in the state of Kansas.
Staff at this time is unwilling to enforce any damn breach
or watershed areas until further information is provided.
Staff will note that many of the structures in this area,
which would allow for the continued flow of water.
The owners should be aware that they may be
located in a high risk area in the event there is a damage.
Staff received a letter from neighboring property owner, the letter contained many signatures
that did note the following concerns.
There is extremely loud noise that includes music and announcements.
It is an open air event, the increase in traffic, bright lights, no permanent restroom,
or handwashing facilities, fire department and EMS support, unlicensed alcohol is being served.
The rodeo is not approved by the Kansas rodeo association.
Staff has also received several putters and support of the events, which includes some
of the close neighbors that do attend the events.
They do not have an issue with the noise or traffic.
The Reversors are good neighbors and can attest to their good character and it's just a general overall support of outdoor activities.
The Reversors have been part of a non-profit organization and I'm going to butcher this name called Duration,
on Mexico and Andrea AC, for approximately 22 years, generally participants perform in competitions
so showcasing skills like roping, riding, and coordinated team maneuvers while celebrating
Mexico's natural heritage.
Chairman.
Questions for staff is given a slot in the other questions, does the applicant or someone
represent the applicant?
For everyone here tonight, the same goes when we need your name and address each time that you're at the mic because it gets confusing when they're transcribing it later.
Thank you.
Kim Eddington, PSC Consulting 2532 North Cardinal Drive, which is talk Kansas.
I am working with the reverers on this property and on this case, I do a mediation
role at times to work between staff and property owners to figure out ways that we can work
through these kind of projects to come to the best resolution possible and help the community
grow that make sure that all of the things that need to be done are taken care of, a lot
of the things that Toby's already mentioned tonight as far as having a very good comprehensive
set of requirements and rules that will apply to this property to ensure that it operates
in a manner that's good for the community but that also allows the reverse to maximize the potential
of their property to incorporate their heritage and something that they are passing along to their
children and grandchildren and have been involved in for many, many years. So all of those conditions
that Toby mentioned, we are certainly in agreement with, we feel like it does make sense to have some
restrictions that will protect the neighbors. We certainly want to do that. We are glad that you
were able to see all of this support from those neighbors who are closest and nearest to this
property, who are most affected, that they've been working well together.
They, the reverse have been good neighbors to them.
They have also worked with the township in the past to provide materials for the road,
and are always willing to do so, and more than happy to enter into any kind of agreement with the township,
to ensure that that maintenance is kept up.
The number of events is, you know, it's not huge, it's eight events a year, so it's certainly not something that's going to be going on on a weekly, even monthly basis.
So we'd ask to put some kind of limitations there as well for the overall number of events and the times that they can be operated.
certainly understand that, you know, it's not something that is needs to be going on all the time.
So, I will be glad to answer any questions that you might have not served, you know, where we want it.
I expect I will come back.
Yes, I expect I will come back up at some point.
Keep track of questions as they come up, but they will ask you those questions, then.
to know that we will do our very best to address those and to hear the concerns and do it.
We can to assert that it will be taken care of.
Question from the Board at this moment.
I have one.
So in our packet, it was mentioned that they've been involved in this non-profit association for 20 years.
Where have these events been done previously?
They're all over.
In fact, the reason that they could not be here for the November meeting was because they
we're participating at an event in Mexico for a similar function.
And I know Mitchen was made about that, you know, this particular use, not being part
of the Kansas Rodeo Association.
There are very different kinds of activities and events.
The kind of the ceremonial aspect of these type of events is not something that is really
included or covered in the Kansas Rodeo Association or your typical Western Rodeos.
Other questions?
Thank you, ma'am. You'll have a chance to come back at them.
Thank you. Anyone else here to speak on this case?
Do we have a mic here?
Yep. Because we could already hear her back there. My name is John Roy.
And my address is a 2480 Northwest County Lied Road.
I'm a farmer, landowner in that area.
One by 600 acres, part of it right next to a reverse place.
And then the others is about half mile or so from the rodeo arena in the area.
I've been asked by the community, most of the community that's out there talked tonight and present our story.
And in your possession, you should have a document that was given to you.
which I think you do that you kind of refer to the kind of give some general out of
this stuff.
There was things.
So I'm not going to re-pile that ground because I'm assuming we've all read it.
And the neighborhood helped me put that together actually.
And so I put the Senate, which I appreciate it.
The neighborhood.
And then that document that I just held up, it says that,
respectfully requesting that both the rodeo and the venue is not being approved, and I'll give you a
little more information. Well I'm most of it is in that document that I talked about, but we're
going to hit on a couple things and Mr. Bruce Bogdacker will hit on what I'm not hitting on,
so we don't cover the same ground twice. And we also want to kind of stay in the past. We've had to
And kind of monitors, and enforcement arm, and people make the 911 calls, 11 30 tonight.
You know, trying shut down the noise, so we go the bed, and all the other activities,
livestock running, we go up and down the road, and running over our farms, or the sooner
our crops, and so we'd rather not get in a situation.
You know, if you approve certain things, you know, well, then those have to be enforced.
And that would be a follow-up.
And our history would, with this out there, it's been that they don't do what they say they were going to do.
And I think that's kind of critical.
I've got a document here.
I want to hold up, too.
And I don't know if you've got that in your little pack or not.
But this is actually, it was given to the Planning Commission in July of 2014, and it kind of outlines some things that I think are kind of important because everything that they said they were going to do in a document they did do.
But for example, they said in this document right here that they were applying for a rodeo and a racetrack.
And basically.
And so, in the documents states that there will be a rodeo, racetrack.
And the rodeo, and I'm just kind of paraphrased all this, a rodeo, the rodeo arena,
how to be constructed and my effectors even a diagram and a back of this document.
And of course what's there is not even close to what's here.
I mean not even close.
Not even recognizable.
And they said they wanted to share their traditions.
Mexico is a culture and a variable with us.
And they've done that but not in a good way.
They said that they wanted their activities down there to be fun.
enjoy both our community, and I could tell you that it's not fun, it's not enjoyable.
Put yourself in our shoes, you have to realize this rodeo of that, it's only two to three days.
The journey starts up right after the lives and runs through the afternoon, runs through the evening,
runs through the up to midnight and the past midnight, turns into one or two.
And it's amazing how somebody can play music that long, but they can, and it'll rally
your windows a couple miles away.
And it's also the announcing actually as worse, and it's just not acceptable.
also don't have same meeting that this document held up right here by even Rivera, which is
Jose's a wife, the people that are actually the rodeo deal, they said that, and it kind
This was verbal, and the chairman at the time asked some questions to, and they agreed to them.
And they said there would be no alcohol, no food service, no lights, no charge.
They said it was only for family and friends.
Wouldn't be very big.
No big loud speakers, no loud music, or announcing that would disturb or annoy anybody in the surrounding properties,
or houses.
And that's not the way it turned out. It's just not the way it turned out.
And so the last six items were documented during the meeting. I talked about where
no alcohol, no lab music, so forth, so on. That was documented by notes that are also
been at your notes in July of 2014 that all that was a time of grief too.
Again, the rodeo is a three-day event, and it starts noon and runs curve up into one
or two in the morning.
And when we call, we at TARD, by listening to the music, and we just about wore a self-out,
making phone calls, to the 911 dispatchers.
And the Sheriff's Department does respond as soon as possible.
A lot of times it takes 20 minutes or so, but that's a big chatty.
And it's a night, so who knows what they have to come from.
So we're not complaining about the response time.
But at the time they get out here, what?
A loud music is shut down.
And so then after they leave, why?
They crack it back up.
And it just goes on and it's just, it's a real problem.
Put yourself in the shoes that it was you that lived and within a mile and a half
radius of that rodeo band and having to listen to that because they talked about trying
to have so many of that but some of those events are two or three days.
And so we're talking about a lot of time.
The venue, they started at a couple of years ago, and it's open there too, and of course
the only thing we have to deal with, there's just a lot of music, and there's not as many cars, of course.
Let's see,
I'll share a story with you that I think maybe kind of points it out, and it's a neighborhood
is about the little over three quarters of a mile, actually from the arena.
And Len 31 night, summertime, he had his windows shut,
air conditioner turned up, trying to go to bed, get some rest,
summertime, had worked to do the next day, so he calls 911
because it really was so loud.
He just couldn't take it anymore.
And so he got the 911 operator.
And so as air conditioner running, windows shut,
But the 911 operator, and he started to talk and tell what his concern was, and the 911
operator says, sir, you've got to turn your radio down or your television.
I just can't hear you.
And he says, that's what I'm calling about.
And that's how loud the music is.
These three quarters of a mile away from that arena.
And it goes on and on.
And so, also, I want to point out that was mentioned that, you know, this is kind of more
a real area than an urban area, you know, there's not many people, and that really, I don't
look, I don't look at it that way within a mile and a half, if you do a mile and a half radius
from that arena, just a mile and a half radius.
There are 20-some residents or homes.
And there have all been there, those 20, long before the rodeo dig off.
Some of them, mine, since 1809, the House of Belts, Bruce Goldberg, was going to speak
his about before that, but they were built in the 40s and the 50s and 60s and like 70s.
So there are 20-some homes in that amount of half radius.
And also, in that same radius, that amount of half radius
in that arena, this is kind of a new business.
There's five new homes there, either other construction
or will start construction, certainly.
And maybe even this year, five new homes.
And also, in a mile and a half that arena,
There's eight additional watts that have been planted, planted,
the way they're going to build new homes.
So this is not exactly an agriculture rule area.
Matter of fact, my farm that could, my wife Dana Nile,
actually was my parent place originally,
and they came here in 1936.
My dad did.
And, you know, we're, well, we move a senior down to road, you know, we, we fight a lot of urban traffic.
There's just a lot of mailboxes and a lot of people on the road.
And, you know, in 99% of a very courteous, but it is difficult now to farm in that area, because it's just so popular with people.
We're close to which at all.
We're right on the subject butter County line, and that's problematic too because nobody
and butter County give the hood about the people who said you can't get very often.
The people who said you can't sometimes don't give a hood about people and butter.
But we give a hood about everybody because we're still a community even though our community
is building butter and said you can't.
And I've been proud residents about the county a lot of years, and I'm proud of a
butter County.
And I'm proud of my neighborhood, and I'm proud of my friends out there, and I'm proud
of new people that have moved in.
We've made room for them.
But kind of what we're at is that the situation really is, they've really poisoned the living
environment, the livability, the coldier life,
the value of our properties,
they're going
and strike you as they ought to be in that area because people, they know what goes on out there.
And this is the sustainability of living in this community.
It's tough. It really is.
Although the summer and the late spring and the early fall, you know, when you kind of can enjoy it,
maybe walking outside, you don't be willing to stake.
And if Friday night or Saturday or Sunday, you know, it's just not, it's just not bearable.
But you just can't do it.
And I hope you understand that.
I did hear a call met from the lady who came up here
for, I could get your name up, sorry, I couldn't hear back there.
But I did hear one thing they talked about in her deal.
She made a call met.
They have to keep up the Caddeline Road, which is
saying that 159th in Chevy County.
And they did put some material on her a few years
ago, and I had to call Murdoch Township and have them come up remove it because it was full
of spikes and iron and wire that got in the front of the railroad. They came up and loaded
it up and haul it off, but not before it poked a hole in one of my 10 ply cars on my
three quarter tonne pickup. They said rather people. So I think that tells a little bit
of the story too. And the same person made to come out about maximizing their property
value and I'm glad they are maximizing their property value.
They're making money doing this.
But they haven't maximized my experience of living out there,
the livability, and my property.
The values aren't good and gone down. So I just feel that we shouldn't. So one person to maximize their property, why, at least, 30 other revs, as we're talking about, 20 or 30 revs, why we should have to take a hit. So they can have fun and maximize their property. It just doesn't seem fair to me. So we're asking you not to approve this.
Thank you.
Any questions?
Where do you live from there?
From the, from the, from the, from the, from the, from the, uh, uh, rodeo, my house and I have free machine sheds.
I have a very nice place.
I spend a lot of money out there.
I'm south.
I'm south about, uh, from there, from there, from property.
I'm about three-eight-some-mile south.
Yeah.
I got my driveway a three inch of mile long and I know that because I had to walk at the
chest of bus for a lot of years and go to school and as long as I was up there,
any other
questions?
Thanks, sir.
Thank you.
Anyone else?
My name is Bruce Bodecker, I live at 1945, Northwest Butler Road, Benton Kansas, I live in
House was built in the 1860s, 1870s, I don't remember, been there long time.
Also known as Walcat stock farm,
I was on this board in a long, long time ago as a member
out of college, and there was confusion because Zoning had just been started in but were
county, and the administrator would find people that were breaking zoning laws, basements and
houses, and they would always say, we didn't know his own.
So I said, let's come up with a sign instead of just saying about the county.
Let's say, butter county zoning regulations apply,
and they used it, and it's scattered around.
And I got a D in English at college, so I, I get an eagle trip every summer every time I read one of those.
I'm happy to report in the Butler County, Central County, Line 159 Street.
Going down the hill in the Butler County just a few feet, two to three car lengths.
There's a sign, Butler County, zoning, regulations apply.
So, these folks need to read that at least once a week.
Maybe several times a week, as they go back and forth, on that highway.
They cannot say they're unaware.
And they didn't deny it, so that's fine.
I have a sister, 10 years, 11 years younger than I.
She spent a career teaching Spanish in the high schools in junior colleges.
She would make a trip to Spain once every five years.
She would make a trip to Mexico maybe every other year to make sure that her dialect and
her speaking skills were up to the day, didn't she like to travel?
I like rodeos when I was a kid we had a horse, I don't now I use Honda's, but the rodeo
When you was great, it's fine. I appreciate it. I appreciate the culture that the lady talked
about, she wants to show her children and maybe our neighborhood. But not a culture of breaking
rules, not a culture of abusing the neighborhood as John talked about.
Let's see, there is a Kansas
And the president is Mr. Leon Winfrey, and this man was contacted, and he gave us the list of overall guidelines that a rodeo needed to be sanctioned.
This rodeo, as long as it's been there, has not been sanctioned by the Kansas rodeo association.
The things that they're on at least and needs to be bonded in insurance, they do not have that.
These have an EMS crew and vehicle at the event, they do not do that.
These are county permit, I don't know if that's zoning or maybe a permit for the
road you, I don't know what that means.
No alcohol, bingo bingo bingo, they have alcohol, a food license, I have no idea if
they have one, that would be the county, livestock, handling, care and safety.
I think it's
recorded, but what are requirements and can't describe the radio with any
itself, apparently it would not mean?
According to Mr. Winfield, counties that allow radio vans, not following basic safety
health and stewardship of the well-being of the community, place the county and the community
to be at grave risk and the county at grave odd building.
I can imagine pickup accidents, somebody's hurt.
Part of the end is is done.
You guys might be liable because you didn't require them to be pregnant.
But you'd have these issues handled that are set to the can to show you a association.
It seems to be something not only in my interest as to prevent noise,
I
mean, you need it to lead in these issues.
It's counting in general to be liable.
It's up to your firmness.
What's on here?
Well, that music is a problem.
I live in a mile and three quarters of the way I can hear it,
not to deny it with some nice.
But there is an issue of the vehicles.
And you can substitute them out to all.
We can make 200 vehicles there.
That's fine.
The majority of the top three counties are forward,
sending, and said,
if I was charging them out,
is,
well, the lady messed, I mentioned the question
of a second leader, maybe needed.
But a year ago, or six months ago, we understood
that there was already water down at the venue,
And I believe there's two houses,
and we were told there's one meter, so I
had water
readers in Harvey County.
I don't saw a house or a meter.
I was able to build them.
Three ten acre blocks.
And I'm not already counting.
I guess.
We're going to show you one of the areas that you've acquired.
What about that?
We did not understand for the past two, three years.
They had illegal leaders in position.
And then have that.
And that lady said, I'm going to make you get them with the data.
Is this a situation like noise control, alcohol control, food,
horses, cattle, fences?
They just really don't have their community interest.
They're number one.
And the only one to respond and someone puts it out.
The zoning regulations apply, legal laws apply.
It's not difficult to see,
but they're not intent for following the law.
I'm sorry.
I'm not just getting wrong.
And I think that's probably the number one issue
that they have.
They ignored the community, and they lost the water, the water, the district water.
Well, they're going to do it in the future.
Wonderful.
That's fine.
But if I go to a rune of this terror, I don't know if it's quiet.
I know that stuff.
I don't want to be part of the community that has to go weeks,
that follow the rules as we have been in the past.
That never works out into the community.
It doesn't look like it's a county that doesn't work out for radio folks, because it just
just feels more and loss of the community, but they shouldn't be trying to reduce that
animal, so they can try to get along with them.
So I would suggest if you do not pass the summary change in the history, I would suggest if
you think the Missouri does only change, I think understand that I've been on this board
that made this decision.
But please don't make this the people that have to regulate
and enforce county laws and county rules.
That's not our job.
We didn't answer that there.
I'm living there for 130 years to become the administrators
who have county regulations.
And so you have to make that awesome distinction.
Thanks for your service.
Thank you for your work.
I understand now.
Here's what you must be to do that.
Thank you very much.
Questions?
Thank you, sir.
I have a lot of questions.
Anyone else?
No.
As Kim come back up and answer some of the questions.
Thank you, Mr. Chair.
I'm meeting Mike from that down.
Just some things that we do want to address that, I'm just going to go down the list of the notes that I made, there is not a water meter for water service to the arena area.
It is on well, so there is no illegal, well, our illegal meter there.
So, your bears have one home, one water here, so, and the septic tank is in a portable
rest room unit.
You see them sometimes bring their brought into events where there's a trailer, and then
that septic tank is emptied out by the company comes in and empties out that septic tank.
One thing we do want to talk about is kind of the economic impact and the previous speakers
both to their being cars from any company and a lot of folks that come to these events that bring
in outside dollars to the area, they're going to restaurants, they're staying in hotels
So there is an economic impact and we did also look at the property tax values of properties surrounding this.
And as you all are pretty well aware that property tax values are fairly increasing.
So, where we were seeing a history, in fact, the Rivera's just received as we all did
the latest tax statement.
And Butler County has apparently decided that property is a commercial property.
And
the tax statement for this year for the Rivera increase 500 and 22% so the county
appraisers office has made a determination that this is a commercial property however, at this
point they are not allowed to utilize it as such so there needs to be some we need to figure out
consistency there, whether those kind of assessments are a fair assessment of what's happening on this property.
Because if they're not allowed to use this, we'll go deal with that.
And they are very well aware of the zoning regulations and zoning requirements in 2014.
They were here in front of this board regard.
Being able to operate their trucking business on this property, which was not approved. So they immediately
made other arrangements. They moved that business. It's now in Sejwik County. So Sejwik County is reaping the benefits of those taxes and income or the trucking business. So they are aware of zoning requirements and restrictions identified by them.
So there was never a set of rules or conditions that was established for the radio or outdoor entertainment thing.
It was discussed in this form but it was not approved or quantified.
So with this action, it provides Butler County with a legally enforceable set of defined conditions.
That way, the neighbors are not, you know, it's not on them to have to deal with it.
It is, you know, something that's county and in course, and you know, talk to Toby, also
to deal with the township, so, you know, that's the great thing about conditionally uses.
It does give you all a tool to set those conditions in place.
The, as far as the, a lot of the claims that have been made we, you know, we aren't served.
You know, that somewhere in between where we are, we certainly,
For those who don't want to be a bad neighbor, you've got a lot of letters from people who
protest that they are very good neighbor, and that they've done good things for the community.
They are encouraging and keeping a lot of traditions that are important to them.
They came here to the United States, and don't want to leave all of that behind.
This consideration with getting the right rules and restrictions in place can keep this
operating in a way that can bring in outside dollars. It can help build the community,
It can increase property values until you get the idea.
It grows in our county.
As I mentioned, you know, the city of which it's all just keeps growing inside the county.
A lot of people don't, you know, no one needs left except the county in the public county and back and forth.
So we are kind of in a big more regional.
We want to be like it or not, unfortunately, that here is a larger community and that
this is an event that can be a benefit that can bring in and draw attention in a good way
to values and traditions that their family can carry on and pass along to their next generations.
I would be glad to stand for any questions that you have.
Questions from the board.
Do you think, Russ?
I do not.
You know, they would know.
And they are open to any conditions that they would request.
We would be, yeah, we certainly, you know, we're not going to stand up here and say,
you know, we refuse.
We definitely, they want to be good neighbors.
I want some things to work well, to you, that they may, you know, want to make anybody
a great crowd.
Disease events have to be multiple, those.
I don't know.
Because of the nature of how far people come, you know, especially with the main generation
being in Mexico, that their, it's typically, the events, typically, wherever they are, regionally,
whether there are a lot of more on in Texas as well, that in order to be able to host those events,
there has to be a commitment for a multi-day event.
Multi-day, meaning two days.
Three days.
Three four days.
Typically, we'll start on Thursday, evenings.
Thursday nights, so they'll run Friday's Saturday.
But in order to, and either, there's a lot of competitions to get these events.
You know, they've invested a huge amount of money in the arena and the civilians.
And so those are the kind of thing I'll be able to show that there are facilities,
or sufficient.
There is, you know, the part, you know, room for parking.
All of those things have to be available to be able to be able to draw in the events.
So it's a difference in between a major event and a minor event.
Besides the people.
The size.
It's the size.
The number of attendees.
But they're still going through the same activities that they were in a minor event.
They're in a minor.
And a minor event is going to typically be not ever as many people there at one time.
You know, the events cycle through different, you know, you'll have the group of the
young ones there, and then they're done and it moves on to the next group of events.
What percentage of these people that come
stay at the ground versus at the small park?
Very few actually stay on site, I mean, because there's, you know, we don't have hook-up to still, you know, it's not, we are not asking for this to be an RV park, you know, where people would come and can't.
It is the event that you've not paid.
Okay, I'm sorry.
Yeah, so the majority of them are not the same, I'm
sorry.
Well, the only thing I'm sitting here here is that, you know, it's a cultural event.
It's an event that's supposed to be joyful and a lot of fun.
But all the things that go along with that, like the noise, like the music, the alcohol, the food, everything,
and are things that you want to add in of that.
So how would you possibly, I mean, I'm not sure there's a compromise to be had here.
Well, and I think what Toby mentioned that if alcohol is provided, if there's alcohol
was failed, it has to be provided by a license, if you have to have a liquor license.
But even beyond that, I understand that you're going to want to have the music
You're going to want to have loud music and a party atmosphere, you literally are.
So I don't understand how that there can be a compromise.
So I think that the hours, I mean, especially the hours of operation, is to win the music
can happen.
Because you're absolutely right.
You want to create an atmosphere that's welcoming and exciting, at some place of fun, that
you want to go.
So what we really tried to help work with staff is to come to a good compromise.
Nobody's going to get everything they want by any means whatsoever.
But to be good neighbors, but also to be able to grow this activity.
You grow this, it's a sport, and there's that there's have children that have ordered
scholarships in competitions, so it's certainly not just a rowdy.
I get that part of it, but you have 20 neighbors here that saying you're not being good
neighbors, and you're not being good stewards.
And that's, I think, you know, I've been completely appreciate that, and I think that's
of this list of requirements where the county has control over the enforcement of them
is critical to ensuring that those conditions are met.
Got other questions, sorry, anything else?
Well, the only other thing I think about is that they've had requirements laid upon them
before conditions that they said.
Well, those were never, but they were never officially document.
Yeah, they because it was never approved to be used in a commercial way.
So there was never a codified list of strict recruitment areas, separate environments.
So they have been doing commercial events out there.
They are not commercial because they are not, you know, they are charging, you know,
It's not like an entrance fee or you pay, you know, they are simply events that they're
through, that they belong to, they, that those members are invited to,
and, you know,
extended family, other, you know, friends and places are involved in these activities.
So, but they are not a, they are not a commercial enterprise because they are not, you know,
selling food. They're not selling, not selling, you know, injury to the events.
So with this
being codified that something that they could, that would trigger this to be a commercial
enterprise, which would tend to give more validity to what the county has assessed the
because truly, with the current assessment as a commercial use is in accurate, it's a agricultural
farmstead use of this idea.
Anything else?
So, before they were doing it for friends and family, no commercial,
and that's where
some of these complaints came.
So now they want to make it commercial.
They've brought it to us.
We put stipulations on.
If we decide no, we're not going to prove it.
Then I guess they go back and just having their friends
and members continue to do.
Right.
I mean, it really comes down to what county code enforcement
decides is to what is allowed, whether it's
certain number of people, I think, you know, maybe what triggered this is, you know,
anything over 100 people was initially what they, you know, county code enforcement said,
that that was why we went ahead and pursued getting the official zoning regulation in place.
Anything else?
Staff?
Just that.
I mean, staff does a recommend approval in less conditions can be placed on it.
I mean, without the conditions, I don't believe it could be a meaningful to some of the surrounding
neighbors.
That's just my opinion.
We would have to go out and do some, if approved, we would have to go out and look at some of the
structures on there, which we've already talked about, and they're willing to do so.
because there was part of the rodeo event that looks like maybe without permit.
So we would have to go back and retroactive and take a look at those structures and make sure they meet codes.
And based on the construction, we've had, we've had a contact with based on the construction.
There doesn't seem to be any doubt that they would pass building codes so that they, you know, all of the structural components from engineers at that time are building bodies that they will.
I did visit the site and they look pretty well built, but of course, you know, I'm not a building inspector, I would need to send them out there.
Take a look at it and apply our two thousand six codes to it.
Do you see the fencing?
Fencing like good.
I mean I didn't look real close at the fencing,
but it could be something that we look at.
I'd like to make some comments.
I don't want to assume there's 20 people out here to cancel.
My younger son lives at the Insectic County on that road,
Southland. The rain is a long way from the houses. You don't hear them up there along the roads like
it's been. I don't know exactly where the other people live.
They've done what they said they would.
They don't let traffic off the highway go down.
I have a property in front of their house to drive clear down to where the arena is. Don't
not real sure. I'm not done this now for a long time. I've been done it the way the county
told them to do it back when and I don't know exactly when they started the situation there.
But you can't hear him from up there because the houses along the road up there when they're
having the situation, the rodeo or whatever they're having down there,
maybe a little
hard part of Aaron, but I've got a couple of granddaughters, just got their garbage license.
I'd be more worried about them after on the road and what's going on down there.
I've been there for quite a while and hasn't been, I don't think there's that many residents out there that's there against them.
I think they want you to think that's my comments.
Anything else you want to add?
If you have any questions with me, I think I'm back if necessary.
Thank you, ma'am.
Any other questions or comments from the board?
Do we allow midnight for any other event venues for a wedding venue or anything like that?
Most of them are a little loud.
So wouldn't that be applicable to an event venue like this?
Well, and then here, what Toby was it under year?
So, the music was off at 10.
The band was wrapped up by 11, was one of the conditions that was in the conditions that he had.
Yeah, I had these are in granted.
Remember the board should consider that these are recommendations to the board for conditions.
I mean, they can be amended, they can be changed, you can take away some.
you could add some that you feel is more important.
I felt like the event hours, the hours of operation,
I felt was key, so I would at least wanted
to make something for consideration,
but I did put event hours 9 a.m. to 11 p.m.
with no loud music or noise after 10 p.m.
So some of that would be, I guess you could apply,
If you end the events at 10 o'clock, you cut your music off or whatever, people still need time to leave.
But again, you could shorten them. I mean, you could hit however.
I personally don't have knowledge of how long those events take or would actually, you know, how much time they would need each day for those events.
anything
else, particularly. Not the chair of close to the public hearing, the chair will entertain
a motion and or more discussion amongst the board members and staff.
Staff would make a recommendation that when a motion is made to approve or deny that maybe
make a statement of fact as to why you approve or deny so that I can make a clear presentation
to the Board of Confirmations.
To be honest, Mr. Concerning these CDs in the essence that they began out of
the boardments.
They're gone from five within the guidelines.
What's the link with the questions of that?
If the police is who's going to go?
Well, that's the issue, right?
So, I mean, I don't mean specifically to this necessarily.
if they're just in general, in the county, on all these conditions of use permits that we
want to go through and say, okay, you can't find music after a lot of them, you can't
position, you can't do that. And then they're not following those rules. Do we have the right
to reserve that condition? That's for me. 100% of that process has to happen to them.
The conditions themselves is what those conditions, if those are broken, the ones that are
And so the conditions that are recommended and approved by the Board of
Command, County Commission would actually go into the resolution.
And as by those conditions, if those conditions are not in that,
then I can ring that back to the Board of County Commission and the
Planning Commission and ask that the conditional use be revoked.
Who releases this?
It would be our office, but I mean, it's not like, but it would be a complaint.
So if a complaint came in and we found out some way of shape
performance, we could confirm it.
That's one way.
If we have been to have a driving around during one of these events,
and we noticed a violation, obviously, we could address it
as well.
But yeah, I mean, we're not out driving the county looking
at all the conditional uses to see if every condition is being applied.
Well, and that's
the biggest issue that was anything zoning or otherwise, and one thing
that we presented the legislative people with is a code enforcement court.
There is no.
And if it goes that far as to go to court, it's so low on the bottom of all that he might take two
three years before it ever is heard. So this this here does the revoking though
wouldn't necessarily have to go to court. No. But yes,
if it does their court, if it does
hit court at some point, yes, that could take a while.
So in other words, they have to be able
to prove any complaints.
Yeah, I mean, we would have to be able to prove that they're in
violation. My office, the county would have to prove that they're in violation. So you know,
If I can specifically see that they're running past the hours of operation, I mean, it's
a simple take some pictures and audio and present it to the board.
I mean,
I asked her just how much identification was behind.
We can open it back up if a board member wants to.
But I would just be curious, you know, just how much of your application is behind it.
Well, and that's, you can take somebody, you can take you and I talking and the right way
and you can hear it according to my whole life.
Well, and that's the aspect of it.
I guess I've always struggled with any event,
When we're talking loud music and this and that, it's always bothered me extremely, why the music has to be
allowed to start with, and I hate worse than going to a damn event, and I'll be able to talk to Andy
that's too foot from me because the music's so loud.
That's a personal place, so it's always been kind of one of the things in the back of my mind.
Why does it get people blood going or what, you know, I haven't figured that out, it doesn't
mind, but that's just kind of one of those things that I threw all, you know, here again,
this is, we're talking on this case, but a lot of the advantages, that's the, it's either
lighting or the noise. It's usually both, yeah, somewhat falls into both. And so, I've
never, I've never, that's been a concept that, I guess, I'm, of course, I have as
told I was hard to hear and I won't go with that, that you don't drive open station
tractors for twenty-some years, and I'll be hard to hear it, and so, but in the same
aspect,
and I hear again, it's one of those, for twenty-some odd years I've run the sound
system at the high school, at the Circle High School, and it's a volunteer, and most generally
I get comments on the levels that I've set.
This last year, I got told that it wasn't loud
and I'm like, good God, I couldn't get, you know.
I don't know.
So I don't know whether generations are changing.
They have mindset or what,
but I do think.
And I
do think that it gives us a lot more,
here again, I can't do a motion.
And I'm just talking about a day talk, but that was the struggle we had in 14, and I don't
have any of you on the board at that time.
But basically, there was nothing we could do to really stop what they were doing, as long
as they weren't charging people to come in.
And we was wanting to try and we never could come upon an agreement at that time.
And so here 10, 11 years later, it's come back before us and setting your wondering, can we figure
out get some conditions but on it that maybe we can control some of it?
So, in other words, if we do nothing, they can continue kind of as is, but if we can put enough
teeth and a conditional use to make them better neighbors by loss of the speak.
We can, that's the way, and here again, we tried 10, 11 years ago, apparently, that that
didn't work.
Did we try some, you know, I don't know.
I don't know.
There's a number of people that, if we do nothing as loud, there is a hunter, is that what
you were saying?
That, I'm not aware of, that is not.
I don't know if there is a number.
There is private on the right.
There is not a limit.
I don't know if you could do it about whatever you want.
If you're not charging for it, it's not open to the public.
First say that.
I don't think there is.
And I assume the screen that you have that is your list of recommendations.
Or this is there.
That's their operational plan they submitted.
So a lot of what I read to you from as far as our operational plan.
plan, that's what that is, and that's where I pulled them in my apartment, but we don't do.
But then you added some in the discussion.
Yes.
I recommend that some, I can't possibly come up with
every possible, you know, in my recommendations.
And I didn't want to make the list so long that I just inundated you all with, I mean,
definitely think you can consider other things like I did put in there alcohol to be
served by a license, but you can consider no alcohol you can consider you can consider that
further, that recommendation further and then that are changed at the same same with the
hours of operation.
I mean pretty much all of them. I think bonded and insured to be a requirement
just to make sure they're properly insured in case of an accident, well, I guess that doesn't have anything to do with counties.
But I mean, I threw in a general condition that they, we'll need to find it.
I don't want to keep this out of order now.
Basically that they had to meet all.
All other state and local requirements related to the operation of the business, shall be met,
because we don't require any other event and need to be licensed to be appointed in February.
I easily, I easily throw into the general statement like that to make sure that if we're aware they're not operating the business with all licenses and need to register.
And
just back to your, you know, you're talking about conditional uses, I'm happy to read Article 22, the amount of procedures and factors to be considered in the application for conditional use if you'd like to hear
it.
I don't, anyway.
Just probably.
There
are, but these two are writing stuff, so the wheels are turning up here.
Well, I'm just trying to figure out a way to protect the neighborhood, to be able to put restrictions on it toward those that aren't happy with what's currently going on in protected, so they can sleep at night, so they feel safe from the roads, so they aren't worried about people in front of you, not in property.
But at the same time, allow them to have the
the happiest fear that makes it a road here.
Because if we do nothing, what's going on now?
She's going to continue, right?
This general notification, but then a thousand days,
how much of the objection is within that thousand feet?
I did not go back into a analysis, so I'm not sure.
Because it seems like there are several letters in it.
I think there are some for directly adjacent landowners that are knocking against it.
Correct.
So I guess that's why I was curious.
I know they know the thousand print notification.
How much in the action is really within that.
I believe that that sounds.
I believe that property is directly to the north and to the south or in favor of it.
And that's across the road.
I mean, I don't know about how many of you have there.
There are a couple of crossroads.
I didn't sit down.
I don't want any.
I just don't know the whole list.
It needs to be cool.
Well, start the motion and we'll help you.
That's the best we can do.
Because we can ask Toby.
And if what we've done sometimes in the past,
if you want to.
And then Toby can read the conditions that he read kind of in his presentation.
And I like, I like.
So we can kind of go through and he can read one of the A and A, change it.
If that is something we want to try to, we've done that before, also, on some of the major conditional use.
Because, and I'm looking at myself as a public county land owner, five something going on next door that is happening legally.
I would rather have conditions put in place to make it happen in a way that makes it a better neighborhood for everybody.
And so I would, I guess, I would want somebody to step in and say, okay, let's put this in place to curb what's happening to make it legal and make a repercussion available if it doesn't adhere to those policies.
I may not be the best one of putting that whole motion together.
And maybe I'm thinking wrong, I don't know, but if we do nothing, everybody's going to be upset.
Because they're not going to be able to use the land as they should facility as they want to.
So it's maximum potential, but then it's going to be used in a way that's still going to upset the rest of us.
So neighbor, the community.
Well, and I think if you go back, it wouldn't say the rest of the community, but some can be great.
Everybody involved.
Yeah, kind of a how do we keep make it good everybody yeah, so I will put forward a motion to approve
Under the conditions that Toby listed including music and announcements done at 10
Unless it's announcement made to get everybody's butt off the property by 11. You know that would be the only announcement I went after that
But if alcohols would be served, it has to be sold by a licensed distributor
that restroom facilities are maintained properly, whatever would we code to be, and then the other list of items that you brought forth with those that I mentioned being probably the most important.
Is there a second?
Do you want to read through your list first?
Yes, we can do that.
Number one was event hours 9 a.m. to 11 p.m.
No loud music.
Noise or music after 10 p.m.
Did you say louder?
No music.
I said no loud noise or music after 10 p.m.
Okay.
Sorry, because you could have announcing
you could have all kinds of...
Number two was steps should be taken to manage the flow of traffic to and from Northwest
County line road.
The top process behind that was any of the venue that we have, the way you have a large
amount of vehicles that may be leaving the property at the same time could take, you know,
lots of things could go wrong if we're not managing the flow.
Number three, the entrance located off at Northwest 30th Street should not be utilized for
events. They have indicated that they are not using that one now.
If Murdoch Township
requires a maintenance agreement, the owner shall enter into such agreement.
I put that
in there because they were going to take that to the board so I don't have an answer as to
whether they would like one or not, they did make mention about other large farmer
equipment that goes up and down the road, so they don't require it for those, so that
he wanted to take it to his board.
One thing that I, and again, were kind of working all together,
but it made something in there
that the traffic flow that you were talking is all of its to go to Northwest 3rd to the Northwest 3rd
have signage or something that all traffic flow is to know it that way it keeps it out of the
quote, community neighborhood, someone. I wouldn't know why anyone that wasn't a local person
would want to go an extra mile and a half to miles a grab a road, but you never. And then the
The other part would be in the road agreement that it's to the entrance because I've seen
townships of times come in and say, well, they're on this whole mile and we've had to
get a little more particular on saying it's to the entrance of the event,
who times we have
I've seen that crop up in the past, continue that now, Tony.
All lighting shall be pointed in a downward direction to limit the impact of the on surrounding
neighbors.
There are some large lights out there.
I did view a picture from one of the neighbors that did show the lights on at night.
I mean, it's hard to tell from a picture, but they might not necessarily be pointed in
a downward direction, but I would have to inspect further to find out, but that was one
of the recordings.
Okay.
Alcohol should only be served by those license to do so.
Comply with building code inspections on any structure constructed without a building permit, as well as a sewage permit.
Now, they actually can use just a tank if they wanted to for that.
But we would need to at least expect to make sure that tanks are approved.
We might require an alarm, be put on it, so if it reads its max, without any type of
lateral line or anything, Sheriff's Office shall be notified at least 48 hours in advance
of each event,
all other state and local requirements related to the operation of business
shall be met.
I read the last one again, would you please?
Well, other state and local requirements related to the operation of business showing that.
And you can change that to whatever you
want.
I don't know, I'd like that last one.
Honestly, I just feel like it's too big.
But feel free to.
No, this is your motion.
No, I'm just looking for it.
If you're just talking out loud.
Additional.
Well, I think if you did, you'd have to.
I mean business, I mean business, that's what I'm talking about.
I'm sure we've had that type of center of things.
And with the other conditions that we have listed through so far we've covered
about everything that the number of events, I think, limited to eight.
Yeah, so I mean, you could put a condition that just needs to meet the operational plan,
the recommended, you know, to mirror this mid-ad operational plan for number of events.
Eight, although just staff recommendation, I don't believe that I should be able to make the decision to automatically let more attendees
or if there's something substantially different with a cyclone or anything else, honestly,
I think you'd be stepping outside the, you know, what you're proving here tonight.
If there's a substantial different and there's future development that occurs,
then you might consider that they come back in and amend the CEP.
Good for your motion, Bryce.
I believe so.
Do we have a second?
Second.
And the on the second.
any further discussion by the board?
Staff, anything else?
I don't know, sir.
Permit?
Yeah, there's a motion, sir.
I'd refer as everybody.
I don't think we're clear on what kind of questions are there.
And I would guess it if you're putting this in
Resolutions formed for the county commissioners that you provide
the applicant and then it will be posted on the website also for the community people
to see resolution will be posted part two did you get enough description of why
I thought you did it next well be let's take away on that for why you're proving
and that you felt like it would continue.
And this was the best way to manage it. It was by conditions.
Is that agree with that?
Yeah. Okay.
Okay.
The voting procedure, criminal.
Favorite?
Motion carried 5-0.
Before the county commissioners, December 23rd, 9 o'clock in the morning up here in the morning.
Folks, I know there's several of you here.
We're going to try to continue our meeting because we have a long agenda and
already an hour and a half into the evening. We would ask that you at least go down one level
before you start a visiting. We know the elevator doesn't run real fast, but so we can continue
with our agenda. We appreciate it greatly if you hold conversations until you get down at least
one level if not two or three.
Next item, public hearing to consider PL 2551 or request for a home
that last split, located at 6,2,57 northwest, 130-streak-burned Kansas staff.
Property-owned owner Cohen Land LLC owns a track of land containing 80 plus and minus acres
located west of northwest Shumway on northwest 130-streak property is owned aggregated property
owner desires to split out 10 plus and minus acres surrounding existing home.
The owner will place 70 plus and minus acres which would be the remainder of the property
into agricultural preservation overlay.
Properties located outside the urban growth area at the county.
It is surrounded by agate properties.
Access to the current home is located on Northwest 130 Street,
which is a gravel roadway maintained by Clifford Township.
The home is serviced by a water well
and a septic system for wastewater purposes.
Electricity is provided by a belt of rural electric.
There are no FEMA map footprint areas located on the property.
And staff has not received any concerns
from neighboring property owners.
Chairman.
Questions for staff?
Does the African or somebody representing?
I thought they were both getting up again there for a second.
Well, they both did better than me.
I've said so long.
I'm not sure I can do that.
I know.
Thank you.
Thank you, Roger.
Anyone else there to speak to this case?
If not, Chair of Closed Public Air and Chair of
Intertain Emotion and Order discussion on PL 2551.
Mr. Chairman, I'd like
to.
Andy, on the motion, Christie, on the second.
Further discussion?
Loading procedure, Chairman.
Motion carried by zero.
Again, county commissioners, December 23rd.
Next item up is public hearing to consider PL 2550,
a lot request, a lot for a lot split,
located at 51-98 Northeast Highway 177,
over 80 Kansas staff.
Mark Newman owns a track of lactating 48 plus or minus acres
located in Northeast Highway 177,
in Northeast 50 Street.
Property is zone growth residential.
Property on our desires is put out 29 plus or minus
the acres located on the east side of the parcel, property owner desires to sell off this portion of the property.
Properties located outside the urban growth area of the county, property is stranded by Ag80, Ag40, and our ours own properties.
It is located approximately a mile and a half northeast of El Dorado's growth area.
Access to the property will appear in northeast 50th Street, which is gravel roadway maintained by Chelsea Township.
The World Water does exist in the area based on acre-sized allequin, or septic system,
maybe utilize electricity as provided by Butler rule electric.
There is a FEMA map floodplain area located on the property, but there would be a plenty
of room outside this area to build a single family dwelling.
The new parcel would meet the three-to-one ratio requirements and lot of furniture requirements.
The staff has not received any complaints for against the proposed split.
And this case does not go in front of the Board of County Commission, your decision is final here tonight.
Thank you.
Michael, you're so there.
I have that.
I'd like to be there with a track set in 1989.
Just hope it's a good one.
Thank you.
So basically it's going to be a good thing.
I think we could get those just instinctively.
We'll contract those.
We'll do them all.
Yeah.
Damn it's not one of the most dangerous revolts.
That's the easiest way to do that.
Where they're splitting a lot of it, makes sense, thing?
No, it's not a head ruder and on.
He did at Funky Lines in there somewhere.
God, he can't get out of here anywhere.
Any other questions?
Thanks, sir. Anyone else there to speak to this case? Anyone else there to speak to this case?
Staff, anything else?
No, sir.
Chair will close the public hearing. Chair will entertain the motion and order discussion
on PL-2550.
I'll make a motion to approve PL-2550.
Second.
Chairman on the motion to approve, Andy, on the second, further discussion, putting
procedure, Chairman.
Thank you.
Motion carried 5-0.
Next item, F-3, publicly caring to consider PL-2552 or request for a lot split located
at 25-64 southwest add-ons roads to want to Kansas staff.
A little walnut venture LLC owns a track of land containing 10 plus minus acres located south
of southwest highway 254 on southwest Adams Road property is zoned rural residential property
owner deserves to split out 5 plus minus acres creating two five acre tracks.
The property is located inside the urban growth area the county property is surrounded by
ag 40 in our our zone properties access to the property be located on southwest Adams
road, which is a paved roadway.
Roll water does exist.
There is an eight-inch line that does run down
the same side of the street.
Based on acre-sized hill of the lunar septic system,
maybe utilized electricity is provided
by Bella Rule Electric.
And there are no FEMA map footprint areas.
Staff to confirm with the surveyor that the existing home
there would meet setback requirements for the new property
lines.
If there was, there are some accessories structures.
If any other structure did not meet those setback requirements of 25 feet side yards, they would
be torn down.
New parcels would meet three to one ratio requirements and lots of furniture requirements.
Staff received no comments for against proposed split, in this case, does not go before
the Board of County Commission in your decision here tonight's final.
that kind of someone representing.
He said, sir, man, we're here tonight.
We're waiting for him to go.
Put
a good, is this the old swimmer in the state?
He's he not, yes.
Well, I was looking at him.
So that has to be that place.
We've gotten a lot smaller.
Yep.
Any other questions coming?
Thank you, Roger.
Anyone else, sir?
Speak to this case.
Anyone else, sir?
Speak to this case.
Anything else?
Not the chair will close the public hearing chair.
We'll entertain the motion and our discussion.
On 25.
52.
Mr. Chairman?
I'll like a motion to approve.
P.O. 25 next to 52.
Carmen on the motion to approve.
Is there a second?
I'll second.
rise on the second,
further discussion, voting procedure, Chairman, favour, favour, favour,
motion carried by zero.
Item F4 public hearing to consider PL2553, a request for a final
The plan located at 20,955 south-west Indian oil road, Douglas fans' last year's
last year.
Ron Williamson owns a track of an incantating 26.3-plus amount of acres, located at the northwest
corner of southwest Indian oil road in southwest 2-10th Street, property is zone rural residential.
On October 7, the planning commission did review and approve of a four-lot pulmonary
plant. The lot sizes range from 4.2 acres to 7.85 acres. The final plant, as well as the
preliminary plant, is a replot of the deer creek subdivision and the deer creek
second subdivision. The plant would only be adding one additional lot and then moving
some property boundaries around. The property is surrounded by Ag-40 and R-R's own properties.
The immediate area is predominantly R-R. There are no female maps or dam breach areas
look at it on the property. Access to lots one and two would be a 70-foot dedicated roadway.
Okay, on southwest two 10 streets, southwest two 10 street is paid, maintained by the county.
A lot of three and four would be accessed off the southwest in Yenola Road, which is a gravel roadway,
maintained by original township. The properties are serviced by a road water.
Property would be serviced by private wastewater systems.
electricity is provided by energy, newly created parcels, would meet RR a lot with and
development in the months of 27 feet, not greater than 3 to 1 ratio.
Staff has not received any concern from surrounding property owners.
Questions for staff?
Resap, can there someone representing?
Any questions for Gerald?
Thank you, sir.
Anyone else who'd speak to this case?
One, three, four, four, eight, self-wist, two, ten,
Douglas, I own a property that's next door to Dear Creek,
and we had a slight problem with the survey
people over the last time when they opened up Dear Creek,
and we didn't have a problem with Billy,
but we had a problem with the markers on my property.
And when I inquired as to why they wouldn't give me a straight answer
whether they might fence land is crooked, and my tree line is crooked.
And what I asked about the fence line, it was 10 feet over,
they said there was never any good fence line over there.
Well, there was, and I watched the guy at the table of fourth down,
come to survey at me.
So my question today is, there's four plots, right?
This would be a fine line.
Are they on the east side?
The west side of the Ukraine, the states.
on the east side.
Both of them all four of them.
Well, this is part and partial of deer creakestates.
It's a replad of part of that and the deer creak second of the states.
The one, the one parcel that's being created is Watt 3.
If you look at the top, they're top, right?
Top, right?
Okay.
So that was one parcel right now.
Okay.
So that is the that is the additional parcel that's being added. So basically they just split that and then they're moving a few property allowance
because they had to
create an access
also as well. They're they're putting in a dedicated roadway
So they had to move some property boundaries around to make that
I understand
I wanted to know where the
the side here was the side here's the one that surveyed them is going to be doing it.
That one's still on the plan.
Yeah.
Then I could talk to them because they're the ones that did mine.
Oh, okay.
Long time ago, and I was trying to get the copy of that survey, and they didn't have it here.
It's a courthouse.
They said it wasn't registered.
So I called the company up and asked them if I could get it,
but they said I couldn't have it because I wasn't the original request or.
And I said, well, do you really know what pressure has to wait?
Well, you still can't hit it.
So, it's a record.
It's a recorded survey there.
Have you gone to the Register of Deeds Office?
In what?
The Register of Deeds Office?
Then I couldn't tell you.
Okay, so they're in this building on the first floor.
Now I've already been here and inquired, and they said no, there was never a
question.
But that's kind of a...
Oh, there was never a record.
1985 is what I'm guessing was a time, because it was owned by Max Anderson.
Yeah, that I don't know, but...
Especially if it's not recorded, I mean, if it was recorded, you can always request a copy of it from
It's a question from here, but I tried to get from the survey, and John was going to
keep making you this one, and they said I couldn't have it, they do have it on record,
but I couldn't have it because the individual that requested it is the only one that can get it.
And it didn't make any sense to me, since I bought the property.
I don't know if Gerald's able to answer that question or not, but we didn't change any of that.
Okay.
We have to read this here.
This here is pretty.
Yes.
We're going to be detained.
So that's what we're going to do.
We need that change.
Can any of them worked as they put on my property over here, not valid? Over here. does that we just do that?
I know you didn't need the other survey. Can I get a copy of, can you could send sure, come to the home picture?
Yes, we didn't. We just did this one.
So if you don't have breakfast at the one next time,
this is just a bit of a little last year.
Yeah, then we'll take you to the west.
You can see the reason.
But if I was that, you know, you're still going to do that.
But if it doesn't require black, you can use that.
We're going to hit that.
Thank you for coming.
Thank you for your time.
There you are.
These are certainly something.
Well, we requested was we didn't even ask when we thought they had to come and
see to come up to the house and say, hey, you know, we've got
put markers on your fence line here and they didn't even do that.
They just up to the left.
And I didn't find them to fall when the leaves fell off the tree, and then that's when I started seeing the flags and the markers.
That's what I mean.
Well, I've always maintained the last guy in the section this, you know, short land, short and land, because all of the deeds and stuff are even less or minus.
and these people moving out now one. It says five hundred and one feet. I need my five hundred
and one.
And we've been through this several times with area on property that we have owned
out. There was one probably similar to this. They bought the place from their granddad.
They had it surveyed off. One corner was perfectly where it was supposed to be. The other was
off by 16 or 17 feet and they wanted to move the fence.
And I said, folks, I said, we're not moving the fence.
Both of our granddad stood here and built that fence together, and that's the line.
So that's where you run into trouble with surveys that had been out there, or not out there.
Like I said, it was interesting that the one corner that was dead on was way out in the middle
nowhere as one along the road that was off. But so, yeah, those things...
They do happen. The courtesy you're going to come up in the house and say, hey, let's have a discussion.
They didn't even bother to do that. They just got into vehicles and left.
Like I said, that didn't find it too long.
I said, thank you. Thank you.
Anyone else to speak to this case?
That's wrong.
You said 12 feet inside the old fence, because I didn't want to share out all those trees.
We're in the dormitory.
The old fence line isn't about where the safety line is.
We're at a one.
Thank you.
All right.
I think we can go ahead.
Mr. Chairman, I'd like to make a motion for
you.
Any on list to approve?
Second.
Kermit on the second.
Further discussion?
Boding Seed your Kermit.
Favorite?
Motion carried by zero.
Item F5, publicly carrying to consider
C U 25 of the six, or a quest to operate in the venue
located at Southwest, 16th Street, southeast of Southwest, County Line Road, Rose Hill, Kansas,
staff.
Yes, our coal furly is under contract by 40 plus or minus acres from owners, Paul, and
Nathaniel Dickens.
Property is currently zone deck 40, property owners, desires to construct and operate an event
venue on the property.
So if the property is rezone to RE, I'm going to type two cases, the one you guys moved.
If the property is rezone to RE, case RZ-2521, the new owner would plot four lots and construct
two single family dwellings.
RZ-2521 was denied by the Planning Commission on 107-2025.
The reason was heard by the Board of County Commissioners on 10, 28, 20, 25.
During this hearing, the board heard from Mr. Hurley and sent the case back to the planning
commission to consider the new plans.
It is important to understand that the conditional user request can be approved or denied independently
from the Reson application and if the property remains at 40.
The operational plan notes the following that they wish to construct a 5,000 square foot barn or rustic style building that could host up to 350 guests.
They covered outside area which could host up to 300 guests. They will host weddings, retreats, functions, private celebrations such as anniversaries and reunions.
The plan notes that the building would have a state-of-the-art sound system, a dance floor catering kitchen,
the property owners plan to live on the property, or on one of the parcels.
The hours of operation are Sunday through Thursday, 9 a.m. to 9 p.m., Friday and Saturday, 8 a.m. to 11 p.m.
The property is currently zoned to AG-40, as mentioned, the board is considering a current
application again to rezone the property to residential states.
The property is located inside the urban growth area of the county property is surrounded
by AG-40 and RR zone properties.
Because particular conditions associated with the venue activities might have an adverse
effect on nearby properties, conditional uses are not permitted outright, but are allowed
as conditional uses, because of the nature of activities associated with an event, then you
this size.
The board should consider whether the proposed use is appropriate for the area.
It is not necessarily whether the proposed use is consistent with the intent and purpose of
the zoning regulations.
The uses in the area appear to be in large part rural residential, use in agricultural uses.
There are rural residential subdivisions located to the south and to the north.
There are two other conditionally uses located on West Rosewood Street.
Just located to the south.
One is a top soil harvesting operation.
The other is a church day school.
The event venue by nature would not be compatible with other land uses in the area unless
additional requirements are made to make the request more compatible with surrounding property owners.
The entrance to the venue would be located on Southwest 16th Street, which is a gravel roadway
maintained by Puzzle Township.
The owner is willing to make improvements to the roadway if necessary and has met with
the township to discuss those improvements.
Staff did reach out to the trustee.
The township did express two staff that they would prefer the road to remain gravel at
the time.
There is a two inch line that runs east and west along southwest, one-sixty street, it's
such a rural water district three.
They can supply additional meters to the property.
A rural water is available, as mentioned.
There is a two inch line that runs east and west along southwest, one-sixty street.
I already said that, sorry.
Property would be serviced by private wastewater systems, but the rural electric would provide
electricity, and there are no FEMA maps to floodplain areas located on the property.
Staff feels the proposed use would have impact on surrounding property owners and is proposing
consideration of the following conditions to limit those impacts.
hours of operations, some day through Thursday, 9 a.m. to 9 p.m. Friday and Saturday, 8 a.m. to 11 p.m.
No music outdoors after 10 p.m., all parking will be on side, no parking allowed on
southwest one, 60th Street, any lighting would be positioned in a downward direction, so
us did not impact the joining landowners. The event building itself should meet Butler County
Commercial Coat Standards, entrance located on southwest one, 60th Street shall meet the county
engineers standards, allowing for the full and traffic in and out that then you at the same time.
If future putting occurs in interior roadway shall be constructed that allows for access to all those lots.
In consideration of the event venue, the board should consider the reconsideration of RZ-2520-21,
The rezoning of the property for my Puerto R.E. staff will also note that if the event
venue is recommended for approval,
and the rezoning case is not approved after reconsideration,
a new site plan should be submitted to the board to be reviewed by Board County Commissioners.
So they submitted a site plan originally, but the site plan does include what I'm trying to get out, there's a lot of scenarios here.
There's a chicken in there.
Yes.
So they originally submitted a site plan that showed two driveway entrances, which you have in your packets.
They do show kind of the layout of where the map that was provided the site plan that was provided.
I believe South is up, North is down, no, you're fine.
Well, I just want to explain it, so they weren't all twisted.
They would have figured it out probably anyway.
But yes, so again, that site plan was contingent on the rezoning being approved,
but this can be approved without rezoning the property.
I mean, you can't approve if you so choose the event venue, and not approve the reason.
But I don't have a site plan of event venue in existence by itself, as opposed to the property.
In the reconsideration on the next case for the reason application, they have submitted a site plan.
That generally looks like a preliminary plot, just not to that extent, that does show an interior
roadway with a turnaround area that would access some of those.
On that plan, the event venue would be basically on the large parcel to the west, and the
other properties to be the right, and we can get into more in that when we get to the
reason.
But I wanted to kind of explain the two are not independent on each other.
I did recommend that we hold off with the application of this until we knew the outcome
originally of the rezoned case, but time was of the essence so he did make application.
Staff's recommendation on this is that I would not approve it unless this board is
comfortable with specific conditions that would limit impacts on surrounding
people.
The question today, and I was thinking about it earlier, and I don't know how to
even hardly ask it.
We're always talking about downward facing lights.
But if it's on a 200 foot hole, it lights up the heck of the mayor.
It's going to be hard, whether it's because it's kind of like the
That was one of the biggest requirements we had
we had down to face and lights.
But two and a half miles away, you can see it from 254.
I went with the down to face and not, you know.
So that's always kind of been one of those I'm going.
That's always an interesting one.
It's really hard, how they're constructed.
I mean, the best possible scenario is to try to limit that effect
by it now we're facing them opposite,
but you're absolutely correct if we have a.
Well, and here again, the other aspect of it is
is the wattage that's involved in it and the
situation
like this,
most of them, what causes your lighting issues
is the parking part of it.
Keeping it well, and having those, we don't really
I don't want a dark parking lot,
but just something I had to have been rolling in my head for a week.
I got to say it finally tonight.
So there's a difference between a bed lighting and security lighting.
Yeah, that's all about lighting up everything.
Yeah, but like I said, it's interesting.
And here again, it's the wattage type issue too,
because they can turn half of them off and still have security in my estimation.
Okay, anything else any other questions? I can, I can't hijack the board there.
Not as the applicant or someone representing.
One,
two, eight, five, five.
So I was going to show you some of the number of people.
Correctly.
So my son's here at the night, just a little backstory.
I've always lived in the public out.
Never in any number, never in every guest in the rest of the world.
I always have a count.
My dad built their house in 19e, in the public outing,
and over his number, into their house.
So the plan is we are currently under contract
for the 48 years, like we talked about.
Obviously, the best case scenario is going to show you's permit and the reason because the
plaintiffs were my parents to go to the house out of the country where they pushed
them, where they weren't in the initial, and then us don't want to dwell on the site.
I feel like being on the site helps, and I mean, I mean, not just, I mean, it's out there,
it's out of the back cell, just not being right in the outside of the outside of the town.
But my wife and I raised our three boys out and down as well, we're both teachers that
have our schools and we're just really looking forward.
I wish something that teachers have come to be honest.
We own her issue, I was well.
My wife will start in 1967 and at this point, my dad said, you want to, I work another
full-time job.
I can't do this all the time.
He's three retired, so I'm trying to figure out a way to transition that business to
another point.
that's not quite so labor intensive on him and myself.
Sorry, you started high school, is not, sorry.
A little different, sorry, takes me a second, but.
We can be just as rad and interrupted.
You say in there, you probably heard something.
Yeah, I don't know.
They're less than 10.
But the goal is, obviously, to create something that adds to the county and not takes away.
I don't want some crazy futuristic looking building.
You can see the picture on the front page of that report that I have.
That's the idea.
And then you can just fit the landscape to add a part to add some trees because right now it's 40 years
So the plan is to plan state that, and it's really more subluded, so you won't even
hardly see it.
We walked up a property, you came to know where the new sits, or the plan would say you
came to see it.
So because of the way the plan is, and if we build it the way that we've described it, I just
don't see it taken away from anything that adding to the count itself for an end of township.
And I did have a meeting, I went to the tells me to go with him.
He did, I did not.
I was not on the question that they wanted to keep a rabble.
I was on the question that they weren't going to pay for it,
but they said if I, they would be more than willing to enter to a degree
than to have us, Jinsil, that road, and they would create the base.
He said, it's already got a solid base that it would,
that would take much to prepare it and we paid for the chipset from the bridge that is
either of my old Western or Southern to the eastern entrance I would rather do in our property
and to it just to cover the whole thing.
But when a proper road is expanded for lanes they are paving all the way to the bridge and then
disaprotating the wildlife to the bottom of it.
So it would be from that point of the bridge to being in our property that we are going to
Well, and now I would just generally say that because we've had downchips come in and
go, well you're going to do the next half mile off so when you have no, if you want to
go to your boundary I don't know, totally fine with that, it's it's just we, I've seen
that sing where they've tried to abuse someone coming in.
But they were very gracious while I was there, and it seemed very supportive that we think
that we were doing.
There wasn't a lot of people in this area, but the old one was there.
They were talking to you.
So, they weren't against the venue by any means.
I think their issue was with the cost share that it felt like they wanted to enter an agreement
for a cost share because then that brings on expectations for maintenance as well.
I think they felt like it was probably going to get paved at some point anyway, so that's why I said they just prefer it to remain gravel at this time.
So really, that's because I don't think they're going to be for a maintenance agreement or a cost share to get the road done at this time.
I mean, as far as I know, they just prefer that a state grab will right now.
And I did speak with them after we spoke.
Well, and that's something that can could be clarified if we proceed on.
It can be clarified very easily.
I
think he was at all the business plan and the
Glinder site plan to get on the resounding with the four lots.
Again, just two and lots, three and four,
would be, so we only don't want to embarrass ourselves in my house.
And then, of course, we want to be,
or the, not the hand-drawn one, but yeah.
Yeah. Yeah. Yeah. Yeah.
I've been looking at that.
Okay.
It's a pretty good sketch, and it's got dimensions on any line.
I think it's a best deal.
Oh, and you get, man?
Well, we'll have a little bit of a strategy.
Part of your Instagram.
So, the kids have been learning as you've been there.
Oh, that's just quite a bit.
So, a lot to you.
It just be sold to him, ever?
No, we would all, we're not selling.
We would all hold it.
I don't have to.
So, a lot to...
I'd rather listen to parts of the talk.
At some point, says he's going to look back.
He's a ski officer.
He's a ski instructor.
But if that was the case, we would love to keep it.
We'd love to keep it.
Got you.
It wouldn't be so long.
Got you.
Other questions?
Right.
Just think we can get you that iPad.
You can look at that on that.
All right.
Tenantra Bigger's right.
I'll blow it up on that.
You're in the screen.
OK.
That would be bad.
Also, I want to do that.
That was a kind of mission we did.
Any
other questions or comments for
anyone else here to speak to this case?
Hello, my name is Lance Flower.
I actually live a 15-4
-footer of e-canzas, which is about a mile and a quarter away.
But I do own the property that
won 60 of
them.
Now, I didn't catch the exact number.
But was it 300?
Inside at 350 out or 350 in?
So the outside is just what we're saying.
When you decide to put this up, it's the same thing.
It's not trying to get six out of people at one time.
It's an outside scenario.
area, which is not even in the plans right now. That's future, sir.
I'm sorry. We're section inside. Okay. So, not trying to put six or eight people on.
So, I'm probably the only one around here that lives next to an event facility.
So, there is the Pinehurst facility right there at one County Library, just south.
Or just north
of Stubby.
And I can tell you, you know, we've kind of let the charge on 159.
If there's noise,
it's just awful.
The cause and my address is a 23-year-old
incident state in which talk.
And I own the property just to be east of where this is being discussed.
I don't have the property since 1973.
So I've been there a long time at this time.
I have several concerns,
I was out there fixing plants and doing some plants, and we could go.
And the dust on the road, everyone went through the end of the afternoon, up like rush hour, anything.
But the dust was so bad that in a very short time you couldn't even see what color my shoes were.
And I caught with some of these after that because of the dust that was,
The construction equipment is somebody all in the trailer loaded six big round bales down the road,
and all that sort of thing.
There weren't any cars going down the road.
It was all trucks at some nature and other.
And the road just, I don't feel that it's supportive of traffic, commercial traffic,
being able to do things that were, let's see, my other concern is I guess after a hearing
and I'm sorry if there were teachers and everything unless you had experience in this business,
it was very easy to go bankrupt trying to do something like this.
I mean, you can really put together a nice packet, beautiful pictures, and all of this kind of stuff.
But even in just bankering, can't do it.
They are having to rate.
They've gotten moved.
I think it's been passed.
The county's going to have to raise taxes just for in just bankering.
Man, that's not really pertaining.
It says business, it says concern.
Okay.
And I have a real concern about, you know, what happens if this goes down and you're saying
it's in business, but it's my business if it must have been a good and I have to deal with
a lot of other negative things that happen down the road.
So I'm also trying to give it, I had a farmer who passed away and his family's trying to take over the farming.
This was his first year at it.
and I really would like to support the farming aspect.
I cannot be driven off by noise and noise and who knows what else. I pick up a lot of your problems and wear cans along the road and pop cups and food bags and all that kind of stuff. I have to do that several times a year. I have to go up and down the road just picking up all of those things.
want to mow it and the others just because it's unsightly so, you know, I'm not happy about
doing that kind of stuff but it's reality of all the properties.
So, you know, those are some
of my concerns and other concerns. I got this card in the mail. It's sort of important, notice on
But I got this the day before the last time I'm meeting and I need a lot kind of long
so I didn't want to say anything.
But the top half of the card tells me that water supply was contaminated and it gave
me all the details on that and then the bottom half of the card says you walked away from
that.
So that's, you know, I feel like the real water district is a little bit fragile there.
I mean, yes.
There, I think they did some more compounding on portion.
Maybe we didn't have a little bit larger volume.
Maybe that was responsible for this.
But the point was that there is contaminated by water supply there.
So I just feel I should bring that up too, so I'm not sure if we have the infrastructure
support as far as fire and policing of the events, and there's always going to be something
that comes up, but those sort of things.
You just, if you're going to have crowds that stuff's going to happen, and I have a real concern about that.
One of actually my farm in 2000, the way he was involved was the fire department.
And I could see, over the years of last 10 years or so, you could just see the stress on him,
from being a volunteer and trying to manage the drugs and other things that come up with
not being a really paid department, like paid fire department or anything itself.
It was volunteers, and I just don't feel that those children come down far along.
You know, they don't have some of these things about that.
I think there's more to let them just tell you,
how do you act in the pictures of paths and saying,
this is all that is accessible because it does affect
but to me I think it affects the path,
since I'm only doing my path too.
I just have those concerns.
I appreciate it.
Any questions?
So where do you live from this?
I live in Wichita.
So you then watch Tal, but you just have you've landed here.
I have land and we're here.
Yeah, where are you saying?
I'm not adjacent to it.
I have a house out there too.
So, and a house.
Thank you.
Anyone else?
I'm going to go over 1, 6, 4, 7, 6,
to I know, which is adjacent to this property as well. My name concerns, along with everybody else,
and they read quite a good voice, so I won't go over them. It's the terrorist land,
and as you can see, that property gets to their shelves and the terraces. I want to know what
the effect, if you really change them, what the effects are to be on my property. I don't want
I am, you talk to us.
Well, okay.
Take an area.
Well, I am concerned about the soil erosion and the water shedding.
I don't know what effects it's going to have.
But the moment we've got the Goldilocks at that,
I'm not too much, not too little just right.
So I like it to say like that because I don't have to deal with it.
I've got damms on that property and I don't want to wash away
because we simply have too much water or soil clogging it all up and washing it away.
I'm also concerned about the increase of traffic and that, as I said before,
how the
road is going to be maintained. We already have trespasses wandering around driving up and
down even in the last two weeks on those properties because people come into the countryside
decide they can just go out of the want.
And if you're going to have a good sentence,
how do I know that I'm going to come running into my place,
which is how to use times.
I want to know about the programs and the septic systems.
So I want to know how it's going to be handled.
That's handled by that gentleman right there.
So I'm going to be approved through their department.
Well, and there was talk of sustainable irrigation.
and I don't know what that means, but if that involves pump and water from the wells, like
we've discussed before, we're not going to be able to water because it can't support
that amount of irradiation and that amount of people coming in and using water, which isn't
a normal household, it's a large quantity.
So as neighbors would lift that forever and rely on well water, we're going to be impacted.
I'm also concerned to get about the fire hazards and the fire risks, and to be honest,
I'm not even sure where our nearest fire hydrant is.
Here in the country there is no near fire hydrant.
I can tell you that.
But you've gone to put an event centre and we lots of people are going to be in the
high risk of possible issue with a client.
You know, nature of people singing, dancing, drinking, smoking, you know, that's past
your land around there and another concert I have and past have been addressed by anybody
So far, is there's a substation to substation power line on there, and there's an easement for that.
And nobody's talked about it. I mean, nobody's mentioned it, and you can't build under it.
There is no structures to be had. There's no trees to be on the river because you've got to allow the powerful to come in.
And, you can't put poles in, you know, I don't know about poles, but I wouldn't imagine
they did to the same problem.
And this isn't the only event sentry here, isn't it?
There's actually four, this would be the four-plomb within five miles.
Do we really need that many eventesensives?
Any questions?
Thank you, man.
Anyone else?
So if you step up and go through some of the concerns and questions that we're...
Holders again.
Once we've got five samples and I'm here to ask you to look at this.
Wait, just a couple of things.
During the township, we need to have about two weeks go.
The whining of the mother road is starting after the 1st of the year.
And the detour is actually going to be pretty pretty.
It's going east of the mother road.
it's not coming to you where the west of Euler Road,
and they said the D2 are interested in it,
so they said, but this is for 90 days.
There will be construction on Euler Road for quite a while,
but actually not having traffic.
They said, I believe it was 90 to 90,
but this is what they said, the D2 are.
And it is going to be east of Euler Road,
not in the Euler Road, back in the west side.
Also, the range that it was addressed
at 160, the intersection of 160,
that it can, I wrote, there's also talking about why it is well, there's two bridges there
that fire truck can't make the turn, and it is already being discussed about trying to fix
that as well, but traffic, the plan is to turn to send it east, not west, to pay, if we
have a life for the ship sewer, and then send it to the pavement to follow a road rather than trying
to go. If it's me, I'm going to take the boat pavement, then they're going to be trying to have
somewhere. So, that intersection should not be affected as much as we might think it would be.
Also, the dusty roads we talked about that, we did.
Didn't care about the lights.
Excuse me.
It is a way that it's not going to have, like, exactly.
It's not going to secure the lights. Other than the parking lot,
that aren't going to be 60, but it's all 200 feet.
So, it puts all poles. It's going to be contained around the venue.
would be more likely to be an LED-like street party light, something that's a low voltage
road.
It's not going to see lights all over the country because of it.
And then the water system, talking about it not being supportive, there was actually speaking
to the water district.
They had some money and sent their way and they are implementing a loop system, water source
or water system to create more water pressure and more water to the area.
So there is more than enough rural water to cover a 1-inch meter for the venue and 2-3
cords from here for the single family house.
That's been discussed.
It's actually impacted as well.
It talks about all that.
And then, excuse me, the star is fire hydrants.
There actually is a fire hydrant.
3-4 is a mile away at, actually, not even 6, 6, 10 is a mile away at, by the road,
160, then it is a 16 inch main line of fire hydrant.
So it is plenty of water to fill in tanker.
They can pull as much water as they want,
that it is less than three-course of miles away
from the thing in itself.
So they assured me that that's more than enough water
to take care of anything that we have there.
Whether it be a venue that seems to want
so we can add most.
I guess my point is, it is an urban district, an urban development district, and like the
kind of commissioner said it's going to get developed. At some point, we're just going to
if you have an edible or we can put two houses in a building in the market to take away from that state.
I just don't know what else to address on here as far as.
Yeah, questions.
I think the big one I have is back to the noise level that's been a major major concern of this board,
Especially in a location like this because it's a little different than the one we had earlier this evening that you look at the map and you see
You know there claim in 20 houses. Well, there's there's a few more than 20 houses around this fairly fairly substantially close
And like I said, that to me is the biggest, probably the biggest issue, and here again
I don't know, as long as
it's contained inside, it might work in this area, but we've
turned quite on, so it turned several down that have been this heavily residential in the
I love the plat that's been put together, but I'm not sure the, and my estimate just from that standpoint.
Now, we can come up with some way to, and air again, I don't know how you do it.
that what we require, that it's all inside type,
that, you, you, that look, noise them travel
pads.
It's a probably lines, we haven't come up with a barrier that does that yet.
You've, like I said, you've got some berms showed on there, which greatly enhanced that,
For my standpoint, that's one of the major concerns that I have, I don't know about the rest of
the world.
Any other questions coming from the board?
Is all the music going to the inside?
The then ceremony.
Yes.
Which will
be the main notification letter when
I'm on it?
18 notification letters one out. One of those was two pleasant township, and one of those was to the owner of the property. So it's 16.
I'm sorry, no other feedback.
No other feedback, but we had the same notification as the rezone.
So in this was kind of last minute.
I mean, we mentioned it at the last meeting,
I mean, I mentioned that here tonight.
I mean, the neighbors didn't have a chance to hear what's presented at the Board of
Commission, which is why I've made an notification at the last meeting.
We had that this was coming up.
The reconsideration, but I also made a comment about that put into, but I haven't heard
for anybody specifically to the event venue.
But I think all that probably
because most of the same concerns were probably
for the reason.
That's just my opinion,
but I can't say why I didn't hear
it.
Another question.
We had earlier on one time, less support as a question for you.
Anything else?
Thank you, sir.
Staff, anything bad?
I would just add again that you cannot already mention your concern, but for any of, for
either approval or denial, a nice statement of fact, to pass along to the Board of
Counting Commission to support the approval or denial has always, has always good, good
both of them as always the staff report that I present that you guys have, you know, those
are kind of the factors laid out. I mean, that could be used as a guideline, but I
would call those, I think, one of the gentlemen during the Reson talked about the cold
rules.
And I know, someone had said, what the staff report that you go through pretty well is the
list.
I'm not reading any questions, but we are talking about everything from the staff report that I mentioned
comes from those questions.
Yeah.
Was there anything in particular from the board when they sent this back?
This was, this wasn't sent back, the next case was sent back, the one we put on after that.
So in that was because there was a plan presented at the time for the reason, but it was
And it is, after talking to Mr. Hurley,
contingent on the approval of, you know,
whether or not he buys the property contingent
on the approval of this case.
I'm not confusing.
And I will mention more more time, just to clarify,
I did not get into specifics about the roadway
as far as whether or not Mr. Hurley paid for the entire
improvement of whether they would be for that or not, but it was specifically to
whether they'd be willing to, because they had discussed cost sharing or anything like that.
So, as far as improvements, and they were not willing to probably go forward with that.
But I can always revisit with them if that's a big deal.
And find out specifically if they have any issues with the maintenance, if the county
work to require that of each have sealed or paved or whatever.
No other questions?
Chair of the Public Hearing Chair, will entertain a motion landlord discussion on C-25-06.
I think
that's much as to just how many of my lives I'm here for the meeting.
Everyone this came in front of everybody's first time.
But I'm not disagree with the common sense.
At some point in time, it's really less than I'm just going to speak about.
And when you look at it, you can actually really comprehensively plan a bit development.
In the future, with comprehensive plans, had it.
And when we were at the process, though, we did.
We're pretty well wrapped up.
I would say that probably sure I'll have some,
I'm bearing in the decision.
Better if I'm understanding you correctly,
there'll be this particular applicant.
If you can't obtain the commission, you can use permit.
This plaque that's in front of us on another motion
is contingent on obtaining.
So where it gets messy is obviously the Board of County Commission can override the planning
commissions by a majority vote.
So it gets a little dicey, but I mean in essence if you were to deny the conditional use,
Then we don't really have plans, and I mean, that's what I would have to prevent.
So you would have to consider, so it's good to still consider them separately to some extent.
But the main reason they sent the next case back for reconsideration was the fact that we
now have plans that the board, the planning board did not consider at that time.
for the resum.
Well, but you guessed it, at the,
I mean, there's two trains of thought on this.
I guess, two of these stand
standards, and they're concerned with the effect of it,
but then you put the flip side of that, too.
There's, you know, where it's developed and based on that.
The reason that it goes to correct me at my mom,
but there's nothing saying that it couldn't be.
You're densely developed in what they're requesting with this particular proposal for actors.
Yes.
I mean, I understand that that will involve a different planet in a different process.
You know, I guess as we look at things from
a little higher,
but a broader perspective on this.
So there's some of those things that made Kevin, you can see the relation.
So, I don't know if I heard you correctly,
but if you're saying that if for whatever reason, then you did not.
We denied it in the lay-in state at some point.
That lay-in would be developed there would be more plots.
Maybe I'm planning seven, eight houses versus?
But I'm saying that it's a real possibility, you know, as we made it forward,
and you know, I don't know where that line is between what is detrimental and beneficial to neighboring landowners, nor do I don't think any of this do,
but just talking out loud, the ball scenario is, you know,
We turned one of these down and it wasn't too far from there and there was kind of button up against Flint Hills.
Remember that?
Same type of proposal.
That one.
I remember that.
Maybe a little bit denser population right there.
Yeah, it was.
The road was terrible.
Really bad.
I don't think they could get too cars through that one area.
And like I said, well, we've also got one of the same in the lake road.
That's not a system.
Yeah.
But.
So.
I do think there has to be some consideration, but in the side.
that we've
had requests over venues and development in places that probably we didn't make as much.
That's unfortunately, we're not bound with all the miles of gravel, we're not.
Ten miles from now on, we'll see.
There's,
I think, there's a bigger picture in the overall scheme of things that we have to look at, not to dismiss.
any of these people's thoughts or feelings at all, but to extend sometimes, you know, to their
detriment, things grow into them, I guess. And I don't know as though there is a perfect
answer to the perfect scenario, there's not a perfect answer to the scenario. Do it.
And I'm not that I'm not emotionally doing this kind of talking out loud through some things.
Because I can see that I can see both sides of the fence and I hope that these people fully understand that we don't dismiss it.
But there's two sides to every corner,
kind of like the last one in you, you know,
they have the option to let it proceed to operating with no lab user laws versus some guidance
in guideline.
You know, this is a similar situation here.
We've got this in guideline and we're able to have some more control of population
and we can have that area.
Yeah, I don't see this the same.
No, there's some difference.
The biggest struggle that I quite honestly, that property is
to write for development in my estimations to
waste 20 acres on an event center, type scenario.
We could put in,
you could come off of that and put in 4 or 5 lots here again, the thing
the proximity, I mean, these guys earlier and I were talking miles away. And within a half
mile, he's got thousands of people, hundreds of people, for an event then, you were as
if it's finally developed for a residential,
I've got no problem with that. But I'm struggling
and with the event in the proximity to basically real scale.
And I get where you're saying that there's also an argument
that this is no more in place in the company
than I was in the 1980s or 20 houses.
No,
not saying either why it's right or wrong
and just saying that there is the argument that these people
or somebody else may make it as well.
Like I said, I just wish that in technology will soon hopefully catch us to where we can build a sonic barrier around the music stays within 200 feet of the building and the neighbors don't even know it's there but you know we can do a lot of things
We haven't come up with that one yet. There you go. I'll have to invent that. You should just come up with that. Thank you.
I'm not gonna look at it, but...
This listed hours of operation. I saw the hours of operation, but I didn't say anything.
I don't think there was any for
for music or noise would be stopped at a certain time.
I didn't say that on the end you didn't know if I was just overlooking your character.
I just listed it as one of my suggested conditions.
It would be no music outdoors, I pretend, but I mean noise is a tough to narrow down.
I do find that a little bit, we talk about the ETHJs and things like that, but then I do
not see a very specific instances where there's been venues that have been a prudervant
by the city that set in the county that the city is ETHJ, and cities have a completely different
view on this.
I mean, they say, well, we're not going to put any kind of guidelines on when you have
to shut the music off because that's inhibiting your ability to do business, and then
that gets thrown to us and you count me, right, because that's what you do, all right.
So, completely off the subject.
Yeah.
And those I typically, you know, if I get notification of those, I just take them in front
board of county commission, basically with what information I could gather to give the best
recommendation to the city then, as far as whether the county felt like it would meet or
not meet or if the county had any issues with it. But yeah, it would also go to their boards,
the applications actually made. Specifically with Augusta and El Loretta, what I think you're
talking about right with our in a little agreement those applications actually go through
those cities. So they actually make applications with them and they go through their boards.
So I get as much information. I do get notified by Augusta and them and then I take it to the
Board of County Commission. To at least present what I have them and then pass on whether
not the county is for against it, or if they see any concerns with it.
I'm going to get it to cut into my nap time.
I know.
Well, right, wrong or indifferent.
I'm going to get us off top of that, sir.
There you go.
So, Mr. and I may need a little help along the way.
Yep.
I'm going to make a motion to a pretty C2.506, we have the stipulations that Toby has
I'm sorry. He's got some on page nine. He's the one folder under item Fian, hours of operation.
No, no music outdoors after 10 p.m., while parking will be on side. Do you need me to go through and read these tab here for me or what I'm saying?
I would. I would. I would. I would. So just if you have any changes with them, then I don't.
The only thing that would be is.
Because the one that we talked earlier, and I know this is a different type situation, but.
It was no music after 10, not outdoors or otherwise. The music was shed at 10.
I'm sorry.
And I mean, so to answer the word out, the word to write on the shirt tail, there's
something of what everybody has said and I think what everybody is saying is some of these
people like these applicants have particularly that want to put me have been you in a more
highly densely populated area are going to have to come to the concessions of what they need
do to try and get along with some neighbors or no meld that here it is if you want to do it
this is what we'll do if you can't comply with that focus on something
so to finish my motion
approval based on these stipulations with all the music to cease at 10pm indoors or outdoors
including any amplification of any anything
concerning the roadways and the
agreements between the township and them. I guess I feel like whatever they come
up with between the two of them I'm fine.
There has been conversation which most
generally there hasn't even been conversation.
The parties know each at least
know of each other.
Anything else to me that we've told me that we've
been told to me? No, just if you had a, if you had a reason for approval.
Did I could pass on?
Be as, be as full and bright and say, because I said so.
Okay. Well, I mean, because I understand I, I feel like there's,
it's getting, there's a lot of legitimacy in fact, it is going to get
whether it's strong full houses or a mix of conditional use permit and residential,
it's kind of perfect.
And I don't personally, I don't know as though this operated accordingly in accordance with the guidelines we set for this anymore.
Congresson on a community of people, then somebody flattened it into 16 or 20 different
houses.
Perfect.
Start that and up to always on everybody, Evan, the back part of the UN for the July and
see what that is.
Thank you, sir.
Is there a second?
Andy on the motion.
Is there a second?
Oh, second.
Chris, the on the second?
Further discussion,
putting procedures, current against favor.
favor against the yes motion failed three two
okay now we need the
three that voted against to give reasonings to Toby so that the county
commissioners know that side of it I just don't believe it's a good location for
of that. It's under the proximity where it's
at. That was my reasoning.
David, anything to
add? You get that too.
So at this time, so do we need a motion to deny or it's just the
failure of the motion. You get no. Well see, that's what I've always struggled with in these
cases. I've easily asked for a motion to deny. I would ask for another motion just to make
Okay, and don't you guys go and change your vote
I'm looking at you, Bryce, and then I'm going to start looking at the current.
I'm going to second permits.
I'll make a motion.
There you go.
Current on the motion to the second.
Bryce on the second.
Any further discussion.
The motion is to deny that I'm in favor of that.
I guess.
See if we made this as confusing as we possibly did.
So, three to again, in favor of the motion, and you have the reasonings on the prior one,
which can this be?
Main reason, I'm not a good location for the event, then.
Okay.
The next question, then, I guess, would be, do the applicant, or you even consider one
us to consider the reason of this.
Just because it's
tonight.
No.
This is chair.
It takes a super majority from the county commissioners to approve it.
So.
I can go back through what again.
Paul and Daniel Dickens on track land 40 plus for my sake,
her property is located east of southwest county line on southwest.
One six history.
Properties currently is on DAG-40.
The owner wishes to reason the property to RE on 1077-2025.
The Plan Commission did hear the case recommending to the Board of
County Commissioners to now by stating that the main reasons for
denial was that no future plans for the property had been disclosed.
On 1028-25, the Board of County Commissioners did review the case again.
Before the case again was presented staff were in the property
was under contract for the purchase, for the event venue,
at that meeting they did hear
from Mr. Hurley, who also presented the idea of a smaller size plotting on the property.
The Board of County Commissioners did vote to remain the case back to the Planning Commissioners
commission, just to consider the new plans. So as spoken, contingent, contingent
property over and co-herly has submitted the site plan. The site plan did note that if
the event venue was approved, he would like to plot the property into four lots. One lot would
contain the event venue and two other lots would contain single-family buildings for him and his family.
The lot size, the sizes would range from 6.67 acres to 16.65 acres, and I do believe Mr. Hurley
didn't mention that he would consider three lots as well. The property, again, would be
service by World Water and the access by an interior roadway if that were to happen.
Again,
And it should be understood that the rezoning of the property is not contingent on the approval
of the conditional use for an event venue of a Mr. Hurley did make it clear that he did not
intend to purchase it if it was not approved by the Board of County Commissioners.
Again,
the properties located inside there have been growth area at the county of property surrounded
by Act 40 and RR zone properties. The property does fall within Rose Hill's actual
and there are similar size tracks in the area.
Just to recap, because of the property
does fall within Rose Hill's E.T.J. staff did reach out to the city.
They had no concerns at the time.
They feature plotting of the property were to occur
and that they would prefer any application be made through the county.
And then rehashing some of the original concerns.
There were many of them.
staff had received phone calls and letters in opposition to proposed changes to the zoning
and staff had generalized, but they were worried about construction disruption, just
transformational zoning, the shift in the character of the community, setback requirements
in the change of zoning would change, livestock, setbacks reducing the usable area of the
land, loss of operational flexibility for the expansion of agricultural operations, agricultural
cultural, plant risk, more traffic noise, more vehicles, more pets, light pollution, while
life displacement, property devaluation,
generalized most of them.
So yes, we are considering, I guess, Mr. Hurley's plans are the new or what plans that we
have to reconsider.
So, your recommendation right now for the event venue is the now,
but it is just a recommendation to the Board of Accounting Commission. They do have final decision
whether it to a perfect or not.
But is it an offline list to reason this or to change this or anything on this?
The original zoning was denied because...
There's no other planning.