[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:11] Call the order of the planning and zoning board. The chair declares a quorum. We need approval
[0:18] of the agenda before us. There is one change to the agenda item E2 is going to be moved
[0:25] to after F6, as the case will have a bearing on the reconsideration of E2.
[0:32] So with that change, I need a motion to approve the agenda.
[0:39] Andy on the motion, and Kermit on the second.
[0:43] Those in favor say aye.
[0:45] Aye.
[0:45] Those opposed motion carried.
[0:48] Approval of the minutes of the November 4th, 2025 meeting minutes.
[0:53] Is there any additions and or corrections?
[0:57] If not, we need a motion to approve.
[1:01] Make a motion to approve a minute.
[1:07] I second it.
[1:08] Christie on the motion, Bryce on the second, further discussion.
[1:13] All those in favor say aye.
[1:15] Aye.
[1:16] Those opposed, motion carried.
[1:18] First item under old business, item E1, public caring to consider CU-2504, a request to operate
[1:27] an outdoor recreation radio events located at 2880 Northwest County Line Road,
[1:35] Benton, Kansas, and one thing staff, if you would read the, we've come up with a little bit of the,
[1:44] to hopefully keep our meetings moving along.
[1:48] Yeah, the audience participation, participation from the floor, or the audience on any matter may be limited at the
[1:55] the discretion of the presiding officer when, and the opinion of the presiding officer, such participation is repetitious,
[2:05] contained statements derogatory to the character, integrity, or actions of the planning commission, or any member without support of such allegations.
[2:13] When the course of business due to the number of matters to be considered, or the number of people requesting to be heard,
[2:20] will not reasonably permit further participation.
[2:23] A 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.
[2:40] Thank you, and to the case, please.
[2:44] Yes, Jose and Luis.
[2:46] Jose Luis and Eva Rivera own a track of land containing 37 plus or minus acres.
[2:52] The property is currently zoned Ag 80.
[2:55] The owners desire to operate rodeo events on their property.
[2:59] On September 2nd, 2025, the planning commission tabled the request so
[3:03] that staff could look further into some issues related to the dam breach area located on the property.
[3:08] On October 7th, the Planning Commission taped the request until December 2nd at the request of the owners.
[3:17] The operational plan indicates that a maximum of eight total events shall be allowed in a calendar year.
[3:24] Two of the eight events may be classified as a major event, which would allow for a maximum of 400 attendees.
[3:31] Any other event would allow for a maximum of 300 attendees.
[3:35] Individual events shall last no more than four days total, beginning on a Thursday and ending on a Sunday.
[3:43] And the owner shall maintain a calendar which would be available to the county upon request.
[3:48] Upon demonstration of additional parking, the owner would like to reserve the right to request additional occupancy per the zoning administrator.
[3:58] The plan indicates a schedule for live music, which is Thursday, 7 a.m. to 10 p.m. Friday through Sunday, 7 a.m. to midnight.
[4:09] The plan also notes the following, that the Butler County Sheriff's Office is to be notified at least 48 hours in advance of the any events.
[4:18] The applicant shall coordinate with township officials for their cost and or provision of material needed for any necessary road maintenance.
[4:28] The property shall be maintained in substantial compliance with the site plan submitted.
[4:34] Any substantial deviation from the site plan shall require approval from the zoning administrator.
[4:41] The conditional use shall become no one void upon the transfer of ownership.
[4:46] If the county zoning administrator finds that there is a violation of any of the conditions,
[4:51] So the zoning administrator may enforce all the remedies outlined in the Butler County zoning code.
[4:57] The property is zoned Ag 80.
[5:00] As mentioned, the intent and purpose of the zoning regulation, as they apply to AGAD, 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 proposed use is 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.
[5:28] The property is located outside the urban growth area of the county and is being used for ag purposes.
[5:35] The property is surrounded by ag, 80, and ag, 40 properties.
[5:39] There are some RR properties located just over a mile to the south on the border of the urban
[5:45] growth area boundary.
[5:47] There is one other conditional use for an event venue located approximately one half mile
[5:52] way on northwest Butler Road.
[5:55] The current home is serviced by Harvey County Rule Water District number six.
[6:01] There is a three-inch water main that runs on the east side of Northwest County Line Road.
[6:06] If the owner does request to extend water to the event area, a feasibility study would
[6:11] need to be conducted and a second meter would be required.
[6:15] Northwest County Line Road is a gravel roadway maintained by Murdock Township.
[6:23] 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.
[6:35] The operational plan does suggest the owner is going to assist in a cost of maintenance on Northwest County Line Road after an event.
[6:43] Staff did reach out to the Murdoch Township Trustee.
[6:46] He was going to run the idea of a maintenance agreement by the board members, but wouldn't happen until December 8th.
[6:55] However, he did suggest that the entrance is a short distance from Northwest 30th Street and
[7:00] that ranchers and farmers in the area are always running large vehicles down the roadway.
[7:05] Electricity is provided by Boulder Road Electric.
[7:09] There is a restroom located at the rodeo area, which currently drains to a septic tank.
[7:14] If a proof of staff would need to ensure the tank meets codes.
[7:22] Staff does feel there will be some impact on surrounding property owners and
[7:27] as proposing consideration of the following conditions to limit those impact.
[7:33] Event hours could be taken into consideration 9 a.m. to 11 p.m.
[7:39] with no loud music or no loud noise or music after 10 p.m.
[7:43] Step should be taken to manage the flow of traffic to and from Northwest County line road.
[7:50] The entrance located off at Northwest 30th Street should not be utilized for the events.
[7:56] If Murdoch Township requires a maintenance agreement, the owner shall enter into such agreement.
[8:01] All lighting should be pointed in a downward direction to limit the impact on surrounding neighbors.
[8:08] Alcohol should only be served by those licensed deduces of.
[8:12] Comply with building code inspections on any structure constructed without building permit and or sewage permit.
[8:20] The sheriff 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 a business shall be met.
[8:33] There is a FEMA map area located on the property sorry I'm long winded tonight I'm trying to give you a full picture.
[8:39] There is a FEMA mapped area located on the property that runs north and south along WALCAT
[8:45] River.
[8:45] A portion of the rodeo arena in some pins are located within the FEMA mapped area.
[8:51] The existing structures appear to be located mostly outside this area.
[8:57] Just a small portion of the rodeo area itself might be located in.
[9:02] There is a large dam breach inundation area located on the property.
[9:07] All of the arena structures and pins are located in this area.
[9:11] However, after further investigation, the map overlay used to determine the Jamboreach
[9:17] area are in our CS files which were provided sometime in 2021 to staff.
[9:24] These files have not been available to the general public despite several attempts to do so.
[9:30] For the more state studies and shape files probably should really be used to determine
[9:34] and drainage areas or watershed areas,
[9:38] but not all the dams have been studied
[9:40] in the state of Kansas.
[9:42] Staff at this time is unwilling
[9:44] to enforce any dam breach or watershed areas
[9:46] until further information is provided.
[9:49] Staff will note that many of the structures in this area
[9:52] which would allow for the continued flow of water,
[9:57] the owners should be aware that they may be located.
[9:59] .
[9:59] .
[10:00] 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 hand-washing facilities, fire department and EMS support,
[10:27] or unlicensed alcohol is being served.
[10:32] The rodeo is not approved by the Kansas Rodeo Association.
[10:36] Staff has also received several letters in support of the events, which includes some of the close neighbors that do attend the events.
[10:45] They do not have an issue with the noise or traffic.
[10:49] The reveres are good neighbors and can attest to their good character in just a general overall support of outdoor activities.
[10:58] The Rivera's have been part of a nonprofit organization, and I'm going to butcher this name, called Duration, Mexican and Disharria AC for approximately 22 years.
[11:10] Generally, participants perform in competitions, so showcasing skills like roping, riding, and coordinated team maneuvers while celebrating Mexico's natural heritage.
[11:22] Chairman.
[11:23] questions for staff is given us a lot any other questions? Is the applicant or
[11:32] someone representative applicant?
[11:36] For everyone here tonight the same goes when
[11:40] laid your name and address each time that you're at the mic because it gets
[11:45] confusing when they're transcribing it later. Thank you ma'am. Kim Edgington, PSC
[11:51] consulting 2532 North Cardinal Drive, Wichita, Kansas.
[11:56] I am working with the Rivera's on this property and on this case, I do kind of a mediation
[12:07] role at times to work between staff and property owners to figure out ways that we can work
[12:15] through these kind of projects to come to the best resolution possible and help the community grow but make sure that all of the things that need to be done are taking 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
[12:44] operates in a manner that's good for the community, but that also allows the
[12:50] Rivera's to maximize the potential of their property to incorporate their
[12:57] heritage and something that they are passing along to their children and
[13:02] grandchildren and have been involved in for many, many years. So all of those
[13:08] conditions that Toby mentioned, we are certainly in agreement with, we feel like
[13:14] It does make sense to have some restrictions
[13:18] that will protect the neighbors.
[13:21] We certainly want to do that.
[13:23] We are glad that you were able to see all of the support
[13:28] from those neighbors who are closest and nearest
[13:31] to this property who are most affected,
[13:35] that they've been working well together.
[13:39] They have been good neighbors to them.
[13:41] They have also worked with the township in the past to provide materials for the road
[13:49] and are always willing to do so and more than happy to enter into any kind of agreement
[13:53] with the township to ensure that that maintenance is kept up.
[14:01] The number of events is, you know, it's not huge.
[14:07] It's eight events a year.
[14:08] So, it's certainly not something that's going to be going on on a weekly, even monthly
[14:14] basis.
[14:15] So, we'd ask to put some kind of limitations there as well for the overall number of
[14:21] events and the times that they can be operated, certainly understand that, you know, it's not
[14:29] something that needs to be going on all the time.
[14:32] So I will be glad to answer any questions that you might have and not serve, you know,
[14:40] where we want to, I expect I will come back.
[14:43] Yes.
[14:44] We will.
[14:45] Take track of questions as they come up.
[14:47] Right.
[14:48] And we will ask you those questions in and go further.
[14:51] To know that we will do our very best to address those and to, you know, hear out here the
[14:57] concerns and and and do what
[15:00] We can to assure that it will be taken care of. Questions from the Board at this moment. I have one.
[15:11] And so, in our packet, we – it was mentioned that they've been involved in this nonprofit
[15:17] association for 20 years.
[15:19] Where have these events been done previously?
[15:23] They're all over.
[15:24] In fact, the reason that they could not be here for the November meeting was because they
[15:29] were participating at an event in Mexico for a similar function.
[15:35] And I know mentioned was made about that, you know, this particular use not being part
[15:42] of the Kansas rodeo association, they're very different kinds of activities and events.
[15:47] The kind of the ceremonial aspect of these type of events is not something that is really
[15:56] included or covered in the Kansas rodeo association or your typical western rodeos.
[16:05] other questions.
[16:09] Thank you, ma'am. You'll have a chance to come back at them. Thank you.
[16:13] Anyone else here to speak on this case? Do
[16:33] we have a mic here? Yep, because we could hardly hear her back there.
[16:39] My name is John Roy and my address is 2480 northwest county line road.
[16:47] I'm a farmer, landowner in that area, one by 600 acres,
[16:52] part of it right next to Rivera's place, and then the others is about half a mile or
[17:00] so from the rodeo arena in the area. I've been asked by the community, most of the community
[17:10] that's out there to talk tonight, and present our story. And in your possession, you should
[17:20] have a document that was given to you, which I think you do that you kind of refer to
[17:30] to the kind of give some general outline of stuff and everything.
[17:33] So I'm not going to repile that ground because I shouldn't be able to read it.
[17:38] And the neighborhood helped me put that together, actually, and so I put some of it, which I
[17:46] appreciate it.
[17:50] The neighborhood, and then that document that I just held up, it says that
[17:55] we're respectfully requesting that both the rodeo and the venue events not be approved.
[18:01] And I'll give you a little more information. Well, most of it is in that document that I
[18:06] talked about, but we're going to hit on a couple of things, and Mr. Bruce Bodecker will hit
[18:11] on what I'm not hitting on. So we don't cover the same ground twice. And we also want
[18:20] to kind of state in the past. We've had to have been kind of the monitors and enforcement
[18:25] arm and people make the 911 calls 1130 at night, you know, trying to shut down the noise
[18:33] so we go to bed. And all of the other activities livestock running down the road and running
[18:41] over our farms, or consume our crops, our crops, and so we'd rather not get in a situation,
[18:50] you know, and if you approve certain things, you know, well then those have to be enforced,
[18:55] and that's being followed. And our history with this out there has been that they don't do what
[19:00] they say they were going to do. And I think that's kind of critical.
[19:08] I've got a document here.
[19:10] I want to hold up to it. I don't know if you've got that in your little pack or not, but
[19:15] this is actually was given to the Planning Commission in July of 2014. And it kind of
[19:25] outlines some things that I think are kind of important because everything that they said
[19:31] they were going to do in the document they didn't do. But for example, they said in this document
[19:38] right here that they were applying for a rodeo and a racetrack and basically and so
[19:49] the document states that there would be a rodeo racetrack and the rodeo and I'm just kind of paraphrased all this.
[19:56] The radio is the radio arena.
[20:00] How to be constructed, in my effect, there's even a diagram in the 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's a culture and a variable with us. And they've done that but not in a good way.
[20:25] They said that they wanted their activities down there to be fun and enjoyable to our community.
[20:31] and I could tell you that it's not fun, it's not enjoyable.
[20:35] Put yourself in RSU, you've got to realize
[20:37] this rodeo event is journey two to three days.
[20:41] The journey starts up right after lunch
[20:44] and runs through the afternoon, runs through the evening,
[20:47] runs through the up to midnight and the past midnight,
[20:52] journey to one or two.
[20:54] And it's amazing how somebody can play music that long,
[20:58] but they can, and it'll rally your windows a couple miles away, and it's also the announcing
[21:06] actually is worse, and it's just not acceptable. Also during that same meeting that this document
[21:15] that I held up right here by even Rivera, which is Jose's wife, and the people that
[21:27] I see the review deal, they said that, and it kind of, this was verbal in the charm
[21:38] of the time, it kind of asked some questions too and they agreed to them, and they said
[21:45] there would be no alcohol, no food service, no lights, no charge.
[21:50] They said it was only for family and friends, wouldn't be very big.
[21:55] No big loud speakers, no loud music or announcing that would disturb or annoy anybody in the surrounding
[22:03] properties or houses, and that's not the way it turned out, it's just not the way it turned
[22:11] out. And so the last six items were documented during the meeting. I talked about where
[22:21] no alcohol, no loud music, so forth, so on. That was documented by notes. And there also
[22:27] should have been ear notes in July of 2014 that all that was kind of agreed to.
[22:39] Again,
[22:40] to run, to curve up into one or two in the morning.
[22:43] And when we call, we get tired by listening to the music.
[22:49] And we just about wore a self out, making full calls.
[22:53] To the 9-1-1 dispatchers.
[22:56] And the Sheriff's Department does respond as soon
[23:00] as possible.
[23:01] A lot of times it takes 20 minutes or so,
[23:03] but it's a big county.
[23:05] And it's a night, so who knows what they have to come from.
[23:09] So, we're not complaining about their response time, but the time they get out here was a loud
[23:15] music is shut down, and so, and then after they leave, they crack it back up, and it just
[23:24] goes on, and it's a real problem.
[23:29] Put yourself in the shoes, if it was you that lived within a mile and a half radius of
[23:36] rodeo event and having a list of that because you know they talked about trying to have so many of
[23:40] us but some of those events are two or three days and so we're talking about a lot of time
[23:46] this venue they started out a couple of years ago it's open there too and of course the only
[23:53] we have to deal with there is just loud music and there's not as many cars of course
[24:05] Sure, a story with you that I think maybe kind of points it out, and it's a neighbor
[24:10] who is about a little over three quarters of a mile actually from the arena.
[24:16] And 1131 night, summertime, he had his window shut, air conditioner turned up, trying to
[24:22] go to the bed, get some rest, summertime had worked to do the next day.
[24:27] so he calls 911 because it really was so loud.
[24:31] He just couldn't take it anymore.
[24:34] And so he got the 911 operator
[24:37] and so he has our conditioner running,
[24:41] a windshield shut,
[24:42] but the 911 operator
[24:44] and he started talking
[24:48] to tell what his concern was.
[24:51] And the 911 operator says,
[24:53] Sir, you've got to turn your radio down
[24:55] or your television.
[24:56] I just can't hear you and he says that's what I'm calling about.
[25:02] And that's how loud the music is. These three quarters of mile away from that arena. And it goes on and on. So, also, I want to point out, it was mentioned that, you know, this is kind of more of a rural area than 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, we should do a mile and a half radius from that arena.
[25:32] just a mile and a half radius. There are 20 some residents or homes and they've
[25:39] all been there those 20 long before the rodeo deal. Some of them mine since 1890
[25:48] but how's it built? Bruce Goldiger is going to speak, he's built before that and but but they were built enough in the 40s and 50s and 60s and like 70s so there are 20 some homes
[26:01] in that mile and a half radius. And also, in that same radius, that mile and a half radius
[26:09] from that arena, this is kind of a new business. There's five new homes, either under construction
[26:16] or will start construction soon. And maybe this year, five new homes. And also, within a mile
[26:26] and a half of that arena.
[26:28] Why, there's eight additional lots of them
[26:31] and planted, planted, the way they're gonna build new homes.
[26:36] So this is not exactly an agricultural area.
[26:40] In my fact, my farm, my wife Dan and I own,
[26:46] actually was my parent place originally,
[26:49] and they came there in 1936.
[26:51] My dad did.
[26:54] And, you know, when we move the machinery down the road, you know, we fight a lot of urban
[27:01] traffic.
[27:02] There's just a lot of mailboxes and a lot of people on those roads.
[27:06] And, you know, 99% of them are very courteous, but it's difficult down the farm in that area
[27:12] because it's just so populated with people.
[27:15] We're close to Wichita, we're right on the subject butter county line, and that's problematic
[27:21] too.
[27:21] because nobody in Butler County give them a hoot about the people in Central County very often.
[27:26] If people in Central County sometimes don't give a hoot about people in Butler,
[27:29] but we give a hoot about everybody, because we're still a community,
[27:32] even though our community is both in Butler and Central County.
[27:38] And I've been proud resident of Butler County a lot of years,
[27:42] and I'm proud of a Butler County.
[27:44] And I'm proud of my neighborhood, and I'm proud of my friends out there,
[27:47] and I'm proud of the new people that are moved in.
[27:49] we made room for them.
[27:54] But kind of where we're at is the situation really is, they've really
[27:59] poisoned the living environment, the livability, the quality of life, the value of our properties.
[28:14] They're not as strictly as they ought to be in that area because people, they know what
[28:21] goes on out there and this sustained ability of living in this community, it's tough.
[28:29] It really is.
[28:30] All through the summer and the late spring and the early fall, you know, when you kind
[28:34] of can enjoy maybe walking outside you don't be willing to stay and Friday night or Saturday
[28:40] they are Sunday, you know, it's just not, it's just, it's not
[28:44] variable. You just can't do it. And I hope you understand that.
[28:49] I did hear a comment from the lady who came up here first.
[28:53] I couldn't get her a name. I'm sorry if I couldn't hear back there.
[28:57] But I did hear one thing they talked about in her bills. She made a comment.
[29:02] They have to keep up the, the county line road, which is same as
[29:08] 159th in safety county and they did put some material on it a few years ago and I had
[29:15] to call Murdoch Township and have them come up and remove it because it was full of spikes
[29:20] and iron and wire that got in the front of the railroad.
[29:24] They came up and loaded it up and hauled it off, but not before it poked a hole in one
[29:30] of my 10 ply tires on my three quarter-ton pick-up, and several other people.
[29:36] So, I think that tells a little bit of a story to it, and the same person made to come
[29:42] out about maximizing their property value, and I'm glad they are maximizing their property
[29:49] value.
[29:50] They're making money doing this, but they haven't maximized my experience of living out there,
[29:57] the livability, am I probably
[30:00] The values aren't good and gone down. So I just feel that we shouldn't. So one part to maximize
[30:08] their property. Why, at least 30 other residents were talking about 20 or 30 residents. Why
[30:15] we should have to take a hit so they can have fun and maximize their property. It just doesn't
[30:22] same fair debate. And so we're asking you not to approve this.
[30:29] Thank you. Any questions?
[30:33] Where do you live from there? From Mr. Gray from the from the from the rodeo. My house and
[30:44] I have three machine sheds. I have a very nice place. I spent a lot of money out there.
[30:50] I'm south. I'm south about from there from there property I'm about three-eighths-a-mile south yeah
[31:01] My driveway is three-eighths-a-mile long and I know that because I had to walk it to test the bus for a lot of years
[31:08] Going to school. There's a long ways up earth.
[31:13] Any other questions?
[31:19] Thanks, sir. Thank you
[31:21] Anyone else?
[31:34] My name is Bruce Bodecker.
[31:36] I live in 1945, Northwest, Butler Road, Benton, Kansas.
[31:41] I live in a house that was built in the 1860s, 1870s.
[31:45] I don't remember, been there a long time ago.
[31:48] Also known as Wildcat Stock Farm.
[31:53] I
[31:57] was on this board in a long, long time ago as a member of the college.
[32:05] picture. And there was confusion because zoning had just been started in Butler County
[32:11] and the administrator would find people that were breaking zoning laws, basements and
[32:18] houses and they would always say we didn't know a zone. So I said let's come up with a
[32:27] sign instead of just saying Butler County, let's say Butler County zoning regulations apply
[32:35] and they used it and it scattered around and I got a D in English at college so I
[32:40] I get an ego trip every summer every time I read one of those. I'm happy to
[32:46] report in the Butler County Sedgwick County line 159th Street going down the
[32:53] hill in the Butler County just a few feet to three car links. There's a sign
[32:58] Butler County's zoning regulations apply, so these folks need to read that at least once a week.
[33:06] Maybe several times a week as they go back and forth on that highway.
[33:15] They cannot say they are aware. And they didn't deny it so that's fine.
[33:21] I have a sister, 10 years, 11 years younger than I. She's spent a career
[33:27] teaching Spanish in high schools and junior colleges.
[33:33] She would make a trip to Spain once
[33:35] every five years. She'd make a trip to Mexico maybe every other year to make sure that
[33:41] her dialect and her speaking skills were up to date and she'd like to travel.
[33:49] I like
[33:55] The rodeo venue is great, it's fine, I appreciate it.
[34:01] I appreciate the culture that the lady talked about she wants to show her children and maybe
[34:07] our neighborhood.
[34:09] But not a culture of breaking rules, not a culture of abusing the neighborhood as John talked
[34:17] about.
[34:24] Let's see. There is a Kansas Rodeo Association, and the president is Mr. Leon Winfrey, and
[34:32] this man was contacted. And he gave us a list of overall guidelines that Rodeo needed
[34:38] to be sanctioned. This Rodeo, as long as it's been there, has not been sanctioned by the
[34:45] Kansas Rodeo Association.
[34:50] The things that they're wrong at least, it needs to be bonded
[34:53] been insurance. They do not have that. They just have an EMS crew and vehicle at-
[35:00] That the event, they do not do that. Needs a county permit. I don't know if that's zoning or maybe a permit for the radio. 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.
[35:25] I think it reported to
[35:31] you to
[35:40] pick it out on
[35:49] it, but what are the requirements you can
[35:50] as well as talk about the rodeo opinion itself, apparently they would not meet.
[35:59] According to Mr. Winfrey, counties that allow rodeo vans not following basic safety help
[36:06] and stewardship of the well-being of the community, place the county and the community at
[36:12] the grave risks and the county a great odd bill.
[36:18] I can imagine an animal picked up accident,
[36:23] somebody's hurt.
[36:26] Part of the animal is done.
[36:29] You guys might be liable because you
[36:30] didn't require them to be prepared to have
[36:33] these issues handled that are set by the Kansas
[36:37] Road and the Association.
[36:41] It seems to be something not only in my interest
[36:44] Just as the burnt noise and the immediate community patients, county in general could be
[36:54] reliable.
[36:56] It's up to your journey that's what's on here.
[37:04] Well, that music is a problem.
[37:05] I didn't allow three quarters of the way.
[37:08] I can hear it.
[37:09] Not every night, but sometimes.
[37:14] There is an issue of vehicles and consumption of alcohol.
[37:20] We can be 200 vehicles there, that's fine, the majority of the top three counties are Ford,
[37:32] Sinney, and Sedgwick.
[37:39] I always card in and out is,
[37:49] well, the lady mentioned a question of a second meter,
[37:55] maybe needed.
[37:58] A year ago or six months ago, we understood that there was already water down at the
[38:05] The venue, and I believe there's two houses,
[38:10] and we were told there's one meter.
[38:14] So
[38:17] I had water meters in Harvey County, I don't want a house one meter,
[38:24] I'm developing
[38:24] three 10 acre blocks, and what's in Harvey County, I've got permits for three more meters.
[38:30] I do require,
[38:34] what about that?
[38:35] We did not understand, for the past two, three years.
[38:40] They had illegal peters in position, and they didn't have enough.
[38:46] With that, he said, I'm going to bend you again if I need him.
[38:51] Is this a situation like noise control, alcohol control, food, horses, cattle, fences?
[38:59] They just really aren't going to have their community interest?
[39:04] Number one, and the only one who's found someone puts it out, the zoning regulations apply.
[39:15] Legal laws apply.
[39:18] It's not difficult to see that they're not intent on following the law.
[39:27] The laws, I'm sorry, are now just getting robbed.
[39:33] And I think that's probably the number one issue, that
[39:39] they have ignored the community,
[39:44] the county law, state law, the water, district law.
[39:48] Oh, they're going to do it in the future. Wonderful. That's fine.
[39:52] Maybe I'll go to a rodeo this time.
[39:54] of the love required.
[39:56] Finally, all that stuff.
[40:01] I don't want to be part of the community that has to police that following the rules as we have been in the past. That never works out new to the community, to the get to the county, that doesn't work out for any of those, because they just could just build more animosity in the community, or they shouldn't be trying to reduce that animosity and try to get along with it.
[40:34] So I would suggest, if you not pass the summary and change the history,
[40:38] I would suggest if you think that Missouri has only changed, I can understand that I've been on this board and made this decision.
[40:47] But please don't make us the people that have to regulate and enforce county laws and county rules.
[40:56] That's not our job.
[40:59] We didn't homestead there and live there for 130 years to become the administrators of county regulation.
[41:07] So you have to make that awesome decision.
[41:14] Thanks for your service.
[41:16] Thanks for your work.
[41:18] I understand how busy you must be to do that.
[41:23] Thank you very much.
[41:25] Questions.
[41:29] Thank you, sir.
[41:30] I don't want any questions.
[41:36] Anyone else?
[41:42] Anyone else?
[41:43] No.
[41:43] as came to come back up and answer some of the questions.
[41:52] Thank you, Mr. Chair, and maybe I can put that down.
[41:58] Just some things that we do want to address that,
[42:02] I'm just going to kind of go down the list of the notes that I made.
[42:05] There is not a water meter or water service to the arena area.
[42:10] It is on well, so there is no illegal, well, or no illegal meter there.
[42:15] There are bears have one home with one water meter.
[42:22] And the septic tank is in a portable restroom unit.
[42:30] 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.
[42:43] comes in and she's out that subjecting so one thing we do want to talk about is
[42:49] kind of the economic impact and and the previous speakers spoke to they're
[42:54] being cars from any county and dog city which is off there are a lot of folks
[43:02] that come to these events that bring in outside dollars to the area they're
[43:12] going to restaurants. They're staying in hotels. So there is an economic impact and we did also look at the property tax
[43:22] values of property surrounding this. And as you all are pretty well aware, the property tax values are rarely decreasing.
[43:33] So, if we weren't seeing a history, in fact, the Rivera's just received, as we all did,
[43:42] the latest tax statement, and Butler County has apparently decided that property is a commercial property.
[43:58] the tax statement for this year for the Rivera's increased 522% so the the county
[44:12] appraisers office has made a determination that this is a commercial property
[44:18] However, at this point, they are not allowed to utilize it as such, so there needs to be
[44:26] something.
[44:27] We need to figure out some consistency there, whether those kind of assessments are a fair
[44:34] assessment of what's happening on this property, because if they are not allowed to use this,
[44:43] and we'll go deal with that.
[44:48] And they are very well aware of the zoning regulations
[44:52] and zoning requirements in 2014.
[44:56] They were here in front of this board regarding...
[45:00] And 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 Sedgwick County. So Sedgwick County is reaping the benefits of those taxes and income for the trucking business. So they are aware of zoning requirements and restrictions and did abide by them.
[45:29] So there was never a set of rules or conditions that was established for the
[45:39] rodeo or outdoor entertainment venues. It was discussed in this board but it was
[45:46] not approved or modified. So with this action it provides Butler County with a
[45:53] legally enforceable set of defined conditions that way the neighbors are not, you know, it's
[46:05] not on them to have to deal with it. It is, you know, something that the county and
[46:11] in course can talk to Tony and also deal with the township.
[46:20] So, you know, that's the great thing about conditional uses.
[46:24] It does give you all a tool to set those conditions in place.
[46:33] As far as the, a lot of the claims that have been made,
[46:39] We, you know, we aren't sure, you know, somewhere in between where, where we are, we certainly,
[46:47] but there is still one of the mad neighbor.
[46:50] You've got a lot of letters from people who attest that they are a very good neighbor,
[46:54] and that they've done good things for the community.
[46:58] They are encouraging and keeping alive traditions that are important to them,
[47:06] here to the United States, and you don't want to just leave all of that behind with this.
[47:18] Your consideration with getting the right rules and restrictions in place can keep this operating
[47:26] in a way that can bring in outside dollars.
[47:30] it can help build the community, increase property values, continue the growth in our county.
[47:43] As I mentioned, the city of Wichita just keeps growing inside the county.
[47:49] A lot of people don't know when you left out the county and back and forth.
[47:55] So, we are kind of in a big, more regional, you know, what do we like it or not, importantly,
[48:04] that there is a larger community, and that this is an event that can be a benefit,
[48:14] that can bring in and draw attention in a good way to values and traditions
[48:21] questions that their family can carry on and pass along to their next generations, I
[48:29] would be glad to stand for any questions that you have.
[48:34] Questions from the board.
[48:43] Anything, guys?
[48:44] I do not.
[48:46] No.
[48:47] They would know.
[48:49] And they are open to any conditions that are really good in place.
[48:52] Yeah, we're certainly, you know, we're not going to stand up here and say, you know, we refuse.
[49:00] We definitely, they want to be good neighbors.
[49:03] They want things to work well.
[49:09] You know, they want to make anybody angry.
[49:14] These events have to be multiple days.
[49:18] Because of the nature of how far people come, you know, especially with the main federation
[49:24] being in Mexico, it's typically the events typically wherever they are regionally, whether
[49:34] there are a lot of winter on in Texas as well, that in order to be able to host those events,
[49:41] there has to be a commitment for a multi-day event.
[49:44] multi-day meaning two days or three days. Three days. Three-four days. Typically we'll start on a Thursday evening, Thursday night so they'll run Friday Saturdays.
[50:02] There's a lot of competition to get these events. They've invested a huge amount of money in the arena and the pavilions. And so those are the kind of, they have to be able to show that their facilities are sufficient, that there is, you know, the part, you know, room for parking, all of those things have to be available.
[50:28] to be able to draw in the events.
[50:37] So it's a difference in between a major event, a minor event.
[50:41] Besides the people.
[50:42] The size.
[50:43] It's just the size, the number of attendees.
[50:46] But they're still going through the same activities
[50:49] that they were in a minor event.
[50:51] They're just minor.
[50:52] And a minor event is going to typically
[50:56] be not ever as many people there at one time.
[51:00] It's, you know, the events cycle through different, you know, you'll have a group of the young kids there and then they're done and it moves on to the next event.
[51:16] What percentage of these people that kind of stay
[51:22] at the grounds versus at the hotels, ballpark?
[51:28] very few actually stay on site. I mean, because there's, you know, we don't have hookup facilities, you know, it's not, we are not asking for this to be an RV park, you know, where people would come and
[51:52] The majority of them are not staying on site
[52:07] anymore.
[52:09] The only thing I'm sitting here hearing is that it's a cultural event.
[52:14] It's an event that's supposed to be joyful and a lot of fun.
[52:19] But all the things that go along with that, like the noise, like the music, the alcohol,
[52:26] the food, everything, are things that you want to add in to that.
[52:32] So how would you possibly, I mean, I'm not sure there's a compromise to be had here.
[52:38] Well, and I think what Toby mentioned, that if alcohol is provided, if there's alcohol
[52:45] It has to be provided by a license, you have to have a liquor license.
[52:52] But even beyond that, I understand you're going to want to have music.
[52:57] You're going to want to have loud music and a party atmosphere.
[53:02] You literally are.
[53:04] So I'm not understanding how there can be a compromise.
[53:08] Well, I think with the hours, I mean, especially the hours of operation as to when the music can happen because you're absolutely right.
[53:17] You want to create an atmosphere that's welcoming and exciting.
[53:23] You know, at some place, the fun that you want to go.
[53:25] So what we've really tried to, you know, help work with staff is to come to a good compromise.
[53:34] Nobody's going to get everything they want out of it, you know, by any means whatsoever.
[53:40] But to be good neighbors, but also still to be able to grow this activity, grow this sport.
[53:49] there's that there is have children that have garnered scholarships in competitions so
[53:58] it's certainly you know not just a rowdy I get that part of it but you have 20
[54:05] neighbors here saying you're not being good neighbors and you're not being good
[54:08] stewards and that's I think you know I completely appreciate that and I think
[54:14] I think that's where this list of requirements where the county has control over the enforcement of them is critical to ensuring that those conditions are met.
[54:29] other
[54:35] questions.
[54:37] There's rights and you think yet?
[54:39] Well the only other thing I think about is that they've had requirements laid upon
[54:45] them before or conditions that they said.
[54:48] Well those were never...
[54:49] They were never...
[54:49] But they were never officially documented, right?
[54:52] No because they...
[54:52] It was never approved to be used in a commercial way.
[54:57] So there was never a codified...
[55:04] So, so are they, have they been doing commercial events up 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 their group that they belong to, they, that those members are invited to and extended family, other, you know, friends and places are
[55:34] involved in these activities. But they are not a commercial enterprise because they are
[55:42] not selling food. They are not selling entry to the events.
[55:55] So with this being codified,
[55:58] that's something that they could, that would trigger this to be a commercial enterprise
[56:04] which would tend to give more validity to what the county has assessed the property as.
[56:12] Because truly with the current assessment as a commercial use is inaccurate.
[56:22] It's a agricultural farmstead use of this type.
[56:33] Anything else?
[56:34] So,
[56:37] before they were doing it for friends and family, no commercial,
[56:45] and that's where
[56:46] some of these complaints came, so now they want to make it commercial, they've brought
[56:51] it to us, we put stipulations on, if we decide no, we're not going to prove it, then I guess
[57:01] Yes, they go back and just having their friends and members continue to do.
[57:06] Right.
[57:07] I mean, and really it comes down to, you know, what county code enforcement decides,
[57:12] you know, is to what is allowed, whether it's a certain number of people.
[57:18] I think, you know, maybe what triggered this is, you know, anything over a hundred people
[57:25] was initially what the, you know, county code enforcement said that that was why we went ahead and pursued getting the official zoning regulation in place.
[57:47] Anything else?
[57:51] Staff, anything?
[57:55] Just that, I mean staff does recommend approval unless conditions can be placed on it.
[58:02] I mean, without the conditions, I don't believe it could be amenable to some of the surrounding
[58:08] neighbors.
[58:09] That's just my opinion.
[58:11] We would have to go out and do some, if approved, who would have to go out and look at some
[58:15] of the structures on there, which we've already talked about, and they're willing to do so.
[58:21] Because there was part of the rodeo event that looks like it may be without permit.
[58:26] So we would have to go back and retroactive and take a look at those structures and make
[58:31] make sure they meet codes.
[58:35] And based on the construction, we've had,
[58:39] we've had a contractor look based on the construction.
[58:43] There doesn't seem to be any doubt that they would pass
[58:47] building codes, so they, you know, all of the
[58:51] structural components of engineers that
[58:55] are involved in police that they will.
[58:59] 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.
[59:07] Take a look.
[59:09] And I'll take about six codes to it.
[59:12] Did you see the fencing?
[59:14] Fencing looked good.
[59:16] I mean, I didn't look real close at the fencing, but it could be something that we look at.
[59:25] I'd like to make some comments.
[59:28] I don't want to see them, there's 20 people out here against it.
[59:33] My youngest son lives at the in-s Magic County on that road at the South End.
[59:41] The arena's a long ways from the houses.
[59:44] You don't hear them up there along the road.
[59:47] I don't know exactly where the other people live.
[59:53] They've done what they said they would.
[59:56] but they don't let traffic off the highway go down there.
[1:00:01] I have a private property in front of their house to drive clear down to where the arena is. I'm not real sure. I mean, they've done this now for a long time and been doing 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 if you can't hear them from up there, the houses along the road up there.
[1:00:30] when they're having the situation, the rodeo,
[1:00:35] or whatever they're having down there.
[1:00:38] Maybe a little hard air and I've got a couple granddaughters.
[1:00:43] She's got the garbage license.
[1:00:45] I'd be more worried about them up there on the road
[1:00:47] than what's going on down there.
[1:00:50] So I like it.
[1:00:52] They've been there for quite a while
[1:00:53] and hasn't been, I don't think there's
[1:00:56] that many residents out there that's
[1:01:00] I guess my big want you to think.
[1:01:04] That's my comments.
[1:01:05] Thank you.
[1:01:07] Anything else you want to add?
[1:01:10] If you have any questions with me,
[1:01:12] I can come back if necessary.
[1:01:15] Thank you, ma'am.
[1:01:16] You're fine very much.
[1:01:20] Any other questions or comments from the board?
[1:01:23] Do we allow midnight for any other events venues?
[1:01:28] For a wedding venue or anything like that, isn't it?
[1:01:31] Most of them were little leavens.
[1:01:33] Yeah.
[1:01:33] Most of them were little leavens.
[1:01:35] So, wouldn't that be applicable to an event
[1:01:38] then you like this?
[1:01:39] Well, and then here, what Toby was it under year,
[1:01:49] the music was off at 10.
[1:01:52] Yes.
[1:01:52] The event was wrapped up by 11.
[1:01:55] Was one of the conditions that was in the conditions that he had.
[1:02:01] ahead. Yeah I had these are and granted remember the board should consider that these are
[1:02:08] recommendations to the board for conditions. I mean they can be amended, they can be
[1:02:13] changed, you can take away some, you could add some that it feels more important. I felt
[1:02:20] like the event hours, the hours of operation, I felt was key so I at least wanted to make
[1:02:28] make something for consideration, but I did put event hours 9 a.m. to 11 p.m. with no loud
[1:02:35] music or noise after 10 p.m.
[1:02:41] So some of that would be I guess you could apply if you
[1:02:48] end the event at 10 o'clock, you cut your music off or whatever, people still need time
[1:02:55] to lead.
[1:02:57] But again, you could, you could shorten them. I mean, you could, it's however,
[1:03:04] I personally
[1:03:05] don't have knowledge of how long those events take or would actually, you know, how much
[1:03:13] time they would need each day for those events.
[1:03:24] Anything else, particularly? Not the chair
[1:03:27] of close to public hearing. Chair will entertain a motion and or more discussion amongst the board members
[1:03:34] and staff.
[1:03:47] Staff would make a recommendation that when a motion is made to approve or deny
[1:03:51] that you may maybe make a statement of fact as to why you approve or deny so that I can
[1:03:59] make a clear presentation to the Board of County Commission.
[1:04:25] So the other question is concerning these CEPs in the essence that they begin out of
[1:04:33] ordinance.
[1:04:35] They don't comply with any guidelines.
[1:04:38] What's the repercussions of that and who police is that who is going to police?
[1:04:43] Well, that's the issue, right?
[1:04:46] So I mean, I don't mean specifically to this necessarily, but just in general in the county
[1:04:53] on all these conditional use permits that we want to go through and say, okay, you can't
[1:04:57] play music after 11, you can't position.
[1:05:10] The conditions themselves is what those conditions, if those are broken, the ones that are set. And so the conditions that are recommended and approved by the board of county commission would actually go into the resolution.
[1:05:26] And as by those conditions, if those conditions are not met, then I can bring that back to the board of county commission and the planning commission and ask that the conditional use be revoked.
[1:05:40] And who releases this?
[1:05:43] It would be our office, but I mean, it's not like it would be a complaint, if a complaint came in and we found out some way shape or form and we can confirm it.
[1:05:53] that's one way if we have been to have be driving around during one of these
[1:05:59] events and we notice a violation obviously we could address it then as well
[1:06:03] but yeah I mean we're not out driving the county looking at all the
[1:06:09] conditional uses to see if every condition is being applied well and that's the
[1:06:16] the
[1:06:20] biggest issue that we see anything zoning or otherwise, and one thing that we've presented
[1:06:27] to legislative people with is a code enforcement court. There is no, and if it goes that far
[1:06:37] as to go to court, it's so low on the totem pole that it might take two or three years before
[1:06:47] So this, this here, the revoking though wouldn't necessarily have to go to court, but yes,
[1:06:58] if it does hit court at some point, yes, that could take a while.
[1:07:14] So in other words, they have to be able to prove any complaints?
[1:07:19] Yeah, I mean, we would have to be able to prove that they're in violation.
[1:07:23] My office, the county would have to prove that they're in violation.
[1:07:27] So, you know, if I can specifically see that they're running past the hours of operation,
[1:07:34] I mean, it's a simple take some pictures and audio and present it to the board.
[1:07:41] I mean...
[1:07:50] Yes, how much amplification was behind?
[1:07:54] We can open it back up if the board member wants to.
[1:08:11] Well, and that's, you can take somebody, you can take you and I talk and in the right
[1:08:16] wind, you can hear it go the wrong way.
[1:08:21] Well, and that's the aspect of it.
[1:08:29] I guess I've always struggled with any event venue type.
[1:08:34] and when we're talking loud music and this and that it's always bothered me
[1:08:41] extremely why the music has to be so loud to start with and nothing but that
[1:08:46] I hate worse than going to a damn event and I'll be able to talk to Andy that's
[1:08:51] two foot from me because the music's so loud that's a personal thing so it's
[1:08:59] always been kind of one of those things in the back of my mind. Why does it get people
[1:09:07] blood going or what? I haven't figured that out. It doesn't mind, but that's just kind
[1:09:18] of one of those things that I threw out. Again, we're talking on this case, but a lot of
[1:09:25] event venues that's the it's either the lighting or the noise it's usually
[1:09:31] both yeah someone falls in and so I've never I've never that's been a concept
[1:09:44] that I guess I'm of course I was told I was hard of hearing and I will go with
[1:09:51] that, but you don't drive open station tractors for 27 years, and I'll be hard at hearing.
[1:10:01] But in the same aspect,
[1:10:07] and here again, it's one of those, for 20 some odd years I've run the
[1:10:17] sound system at the high school, the circle high school as a volunteer. And most generally
[1:10:27] I get comments on levels that I've said this last year I got told that it wasn't loud
[1:10:33] enough and I'm like good God I couldn't get it you know I don't know so I don't know
[1:10:39] whether generations are changing at mindset or what but but
[1:10:48] I do think and I
[1:10:56] I do think
[1:10:57] that it gives us a lot more here again I can't do a motion and I'm just talking kind of
[1:11:06] dig talk but that was the struggle we had in 14 and I don't know how many of you were
[1:11:13] on the board at that time but basically there was nothing we could do to really stop
[1:11:22] what they were doing as long as they weren't charging people to come in and we was wanting
[1:11:29] to try and we never could come upon an agreement at that time and so here 10, 11 years later
[1:11:37] it's come back before us and I'm saying you're wondering can we figure out get some conditions
[1:11:47] put on it that maybe we can control some of it. So in other words if we do nothing they
[1:11:58] can continue kind of as is but if we can put enough teeth in a conditional use to make
[1:12:06] and better neighbors by by law so to speak we can that's the way you know in here again we try
[1:12:15] 10 live years goes apparently that didn't work did we try some you know I don't know
[1:12:22] what is the other number of people that if we do nothing is allowed they can is it a hundred is that
[1:12:28] what you were saying that I'm not aware of that is not I don't know is that there isn't no there is
[1:12:34] there's not a limit. If you're not charging for it, it's not open to public. I don't think
[1:12:44] there is.
[1:12:48] Then I assume the screen that TIA has up is your list of recommendations or
[1:12:56] this is there. That's their operational plan they submitted. So a lot of what I read to you
[1:13:02] friend as far as their operational plan that's that's what that is and that's
[1:13:08] where I pulled the midnight from but then you had but then you had added some in
[1:13:14] the discussion yes I recommended some I can't possibly come up with every
[1:13:24] possible you know in my recommendations and I didn't want to make the list so
[1:13:29] long that I just inundated you all with, I mean I definitely think you can consider other
[1:13:38] things like I did put in their alcohol to be served by a license but you can consider
[1:13:44] no alcohol, you can consider that further, that recommendation further and amend that
[1:13:51] change at the same same with the hours of operation.
[1:13:57] I mean pretty much all of them. I mean I think
[1:14:00] bonded and insured to be a requirement.
[1:14:06] But you're reasoning there. Just to make sure they're
[1:14:10] they're properly insured in case of an accident. Well, I guess that doesn't have anything to do with
[1:14:22] But
[1:14:32] I mean, I threw in a general condition that they, let me find a couple
[1:14:47] more papers
[1:14:47] out of order now,
[1:14:56] basically, that they had to meet all.
[1:15:03] All of their state and local requirements related to the operation of the business, shall be met, because
[1:15:15] we don't require any other than you've devised to be one of them. 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, any, and
[1:15:42] just back to your, you know, you were talking about conditional uses. I'm happy.
[1:15:46] I'm happy to read Article 22, the amendment procedures and
[1:15:49] factors to be considered in the application for
[1:15:52] conditional use if you'd like to read.
[1:15:57] I don't, anyway.
[1:15:58] You
[1:16:13] can turn that up.
[1:16:16] Turn,
[1:17:37] but these two are writing stuff.
[1:17:39] So the wheels are turning up here.
[1:17:43] Well, I'm just trying to figure out a way to protect
[1:17:45] the neighborhood, to be able to put restrictions on it.
[1:17:50] Tour, those that aren't happy with what's currently going on
[1:17:53] protected so they can sleep at night so they feel safe from the roads so they
[1:17:57] you know aren't worried about people in front of you not in property but at the same
[1:18:03] time allow them to have the the atmosphere that that makes it a rodeo
[1:18:11] because if we
[1:18:13] do nothing what's going on now is going to continue right is general
[1:18:18] Notification within 1,000 B. How much of the objection is within that 1,000 fee?
[1:18:25] I did not go back and do a analysis, so I'm not sure.
[1:18:30] Because it seems like there are several letters in here.
[1:18:34] I think there were some from it.
[1:18:35] Directly adjacent landowners that are not against correct.
[1:18:43] So I guess that's why I was curious.
[1:19:03] I don't know about how many, yeah, there's a couple across the road, I
[1:19:15] didn't sit down
[1:19:15] and point it in.
[1:19:21] I just some of the whole list needs to be included.
[1:19:24] Well, start the motion and we'll help you.
[1:19:26] That's the best problem is because we can ask Toby to,
[1:19:33] if what we've done sometimes in the past,
[1:19:37] if you want to, and then Toby can read the conditions
[1:19:40] that he read kind of in his presentation.
[1:19:45] And I like, I like.
[1:19:46] So we can kind of go through and he can read one up
[1:19:51] the A&A, change it if that is something we want to try to, we've done that before, also
[1:20:00] The major conditional use. Because, and I'm looking at myself as a developer county landowner,
[1:20:09] five, something going on next door that is happening legally, I would rather have conditions
[1:20:15] put in place to make it happen in a way that makes it a better neighborhood for everybody.
[1:20:26] And so I would, I guess I would want somebody to step in and say, okay, let's put this in place,
[1:20:30] to curb what's happening to make it legal and make repercussions available if it doesn't adhere to those policies.
[1:20:40] I may not be the best one at putting that whole motion together, and maybe I'm thinking wrong.
[1:20:45] 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 the facilities they want to,
[1:20:56] 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 the neighborhood.
[1:21:05] The community.
[1:21:09] Well, and I think if you go back, I wouldn't say the rest of the community but some community.
[1:21:16] Everybody involved.
[1:21:18] Yeah.
[1:21:18] Kind of a, how do we keep making it good for everybody?
[1:21:22] Yeah, so I will put forward a motion to approve under the conditions that Toby listed,
[1:21:33] including music and announcements done at 10 unless it's announcement made to get everybody's
[1:21:40] butt off the property by 11 you know that would be the only announcement I would want after that.
[1:21:45] But if alcohol is to be served, it has to be sold by a license distributor,
[1:21:53] that restaurant
[1:21:55] facilities are maintained properly, whatever would meet Code Toby, and then the other list
[1:22:04] of items that you brought forth with those that I mentioned being probably the most important.
[1:22:16] Is there a second?
[1:22:17] Do you want to read through your list first?
[1:22:20] Yes, we can do that.
[1:22:22] Number one was event hours 9 a.m. to 11 p.m. No loud music, noise or music after 10 p.m.
[1:22:31] Did you say loud or no music?
[1:22:33] I said no loud noise or music after 10 p.m.
[1:22:37] No music.
[1:22:38] Okay.
[1:22:39] Sorry.
[1:22:40] Because you could have an ounce and you could have all kinds of...
[1:22:47] Steps should be taken to manage the flow of traffic to and from North West County line road.
[1:22:53] The process behind that was any, any event venue that we have, where you have a large amount of vehicles that maybe leave in the property at the same time.
[1:23:03] Could take, you know, lots of things could go wrong if we're not managing the flow.
[1:23:09] Number three, the entrance located off at Northwest 30th Street should not be utilized for the events.
[1:23:15] They have indicated that they are not using that one now.
[1:23:23] If Murdoch Township requires a maintenance agreement, the owners shall enter into such
[1:23:29] agreement.
[1:23:32] I put that in there because they were going to take that to the board so I don't have
[1:23:36] an answer as to whether they would like one or not.
[1:23:42] They did make mention about other large farm equipment that goes up and down the road, so they don't require it for those, so he wanted to take it to his board.
[1:23:56] or one thing that I, again, were kind of working all together, but it made something in there
[1:24:08] that the traffic flow that you were talking is all of it's to go to the northwest, to the
[1:24:16] north and northwest 30th, have signage or something that all traffic flow is to, in that way,
[1:24:24] it keeps it out of the quote community neighborhood somewhat. I wouldn't know why anyone that
[1:24:32] wasn't a local person would want to go an extra mile and a half two miles to grab a
[1:24:38] road but you never know. And then the other part would be in the road agreement that it's
[1:24:47] to the entrance because I've seen townships at times come in and say well they're on this
[1:24:55] so mild and we've had to get a little
[1:25:00] More particular on saying it's to the entrance of the event.
[1:25:08] Sometimes we have, I've seen that crop up in the past. Continue then, Tony.
[1:25:18] All lighting shall be pointed in a downward direction to limit the impact of the on surrounding neighbors.
[1:25:27] 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.
[1:25:35] I mean, it's hard to tell from a picture, but they might not necessarily be pointed
[1:25:41] in a downward direction, but I would have to inspect further to find out, but that was
[1:25:47] one of the requirements.
[1:25:48] Okay.
[1:25:51] Alcohol should only be served by those licensees to do so,
[1:25:58] comply with building code inspections
[1:26:00] on any structure constructed without a building permit, as well as a sewage permit.
[1:26:06] Now they actually can use just a tank if they wanted to for that, but we would need
[1:26:14] to at least expect it to make sure that tanks approved.
[1:26:18] We might require an alarm be put on it, so if it reads its max without any type of
[1:26:25] lot or line or anything,
[1:26:29] Sheriff's Office shall be notified at least 48 hours in advance
[1:26:33] of each event.
[1:26:38] All of their state and local requirements related to the operation of business
[1:26:41] shall be met.
[1:26:49] Read the last one again would you please.
[1:26:52] All of their state and local requirements related to the operation of business shall be met
[1:26:57] and you can change that to whatever you want.
[1:27:03] I don't know. I like that last one. I just
[1:27:06] feel like it's too.
[1:27:13] But feel free to know this is your motion. No, I'm looking for just talking
[1:27:20] out loud. Additional. Well, I think if you did, you'd have to specify business. I mean,
[1:27:31] business, this is not a true event type center thing.
[1:27:39] And with the other conditions that
[1:27:42] we have listed through so far we've covered about everything that the number of events
[1:27:52] I think limited to eight. Yeah, so I mean you could put a condition that it just needs
[1:27:59] to meet the operational plan, the recommendation I don't believe that I should be able to make
[1:28:16] the decision to automatically let more attendees or if there's something substantially different
[1:28:27] with a side plan or anything else.
[1:28:29] Honestly, I think you'd be stepping outside
[1:28:31] the submit, you know, what you're proving here tonight.
[1:28:36] If there's a substantial different
[1:28:38] and there's future development that occurs
[1:28:40] than you might consider that they come back in
[1:28:43] and amend the CP.
[1:28:54] Good for your motion, Bryce.
[1:28:55] I believe so.
[1:28:56] Do we have a second?
[1:28:58] A second.
[1:28:59] Andy on the second.
[1:29:00] Any further discussion by the board?
[1:29:06] Staff, anything else?
[1:29:20] And I would guess that if you're putting this in resolutions form for the county commissioners
[1:29:29] that you will provide the applicant and then it will be posted on the website also for
[1:29:37] and the community people to see the resolution will be posted prior to this.
[1:29:43] Did you get enough description of why?
[1:29:46] To be taken.
[1:29:47] I thought you were around it?
[1:29:49] Yeah.
[1:29:49] I thought you did it next week.
[1:29:50] Well, being part of it.
[1:29:51] Okay.
[1:29:52] Well, staff, take away on that for why you're approving is that you felt like it would continue.
[1:30:00] And this was the best way to manage it. It was by conditions. Do
[1:30:07] you agree with that? Yeah. Okay.
[1:30:34] in hour and a half into the evening. We would ask that you at least go down one level before you
[1:30:41] start visiting. We know the elevator doesn't run real fast, but so we can continue with our agenda.
[1:30:49] We'd appreciate it greatly if you hold conversations until you get down at least one level if not two or three.
[1:30:58] Next item, public hearing to consider, PL 2551, a request for a homestead lot split, located at 6257 Northwest 130th Street, burnt Kansas staff.
[1:31:15] Property owner Cohen Land LLC owns a track of land containing 80 plus or minus acres, located west of Northwest Shumway, on Northwest 130th Street, property is owned Ag 80, property owner desires to split out.
[1:31:28] about 10 plus and minus acres surrounding existing home.
[1:31:31] The owner will place 70 plus and minus acres which would be the remainder of the property into an agricultural preservation overlay.
[1:31:39] Property is located outside the urban growth area of the county.
[1:31:42] It is surrounded by ag-80 properties.
[1:31:45] Access to the current home is located on northwest 130th Street, which is a gravel roadway maintained by Clifford Township.
[1:31:51] The home is serviced by a water well and a septic system for wastewater purposes.
[1:31:56] Electricity is provided by Belt and Rule Electric.
[1:31:58] there are no FEMA map floodplain areas located on the property and staff has
[1:32:02] not received any concerns from neighboring property owners chairman questions for
[1:32:07] staff is the applicant or somebody representing I
[1:32:15] thought they were both
[1:32:15] getting it again there for a second well they both did better than me I've
[1:32:19] So long, I'm not sure I can do that.
[1:32:29] I know.
[1:32:36] Thank you, Roger.
[1:32:38] Anyone else there to speak to this case?
[1:32:41] Anyone else there to speak to this case?
[1:32:43] If not, Chair, close the public hearing.
[1:32:46] Chair, we'll entertain a motion and or discussion on P.L.
[1:32:49] So, 25-51, and
[1:33:00] on the motion, Christie on the second, further discussion, voting procedure
[1:33:06] permit.
[1:33:07] The motion carried by zero, again, county commissioners, December 23rd.
[1:33:14] Next item up is public caring to consider PL 25-50, a lot for a lot split, located at 51
[1:33:24] On 98 North East Highway 177, federated Kansas staff.
[1:33:29] Mark Newman owns a track of land containing 48 plus or minus acres located at North East Highway 177 in Northeast 50th Street.
[1:33:36] Property is on rural residential property on our desires to split out 29 plus or minus acres located on the east side of the parcel.
[1:33:44] Property owner desires to sell off this portion of the property.
[1:33:47] Property is located outside the urban growth area of the county.
[1:33:50] property is surrounded by Ag-80, Ag-40, and R-R's own properties.
[1:33:54] It is located approximately a mile and a half north-east of El Dorado's growth area.
[1:34:00] Access to the property will locate on north-east 50th Street, which is gravel roadway maintained by Chelsea Township.
[1:34:06] Roll water does exist in the area, based on acreage size of the Gunaer septic system, maybe utilized.
[1:34:11] Electricity is provided by ball of rural electric.
[1:34:14] There is a FEMA map floodplain area located on the property, but there would be plenty of room outside this area to build a single family dwelling.
[1:34:21] The new parcel would meet the three-to-one ratio requirements and lock-frontage requirements.
[1:34:26] The staff has not received any complaints for against the proposed split.
[1:34:32] In this case, does not go in front of the Board of County Commission, your decision is final
[1:34:36] here tonight.
[1:34:37] Thank you.
[1:34:38] Michael report, so there, I have a representative for Mark Noon.
[1:34:46] There was a track set in the 1980s about disfigured later with production.
[1:34:53] So basically it's going to be pretty good.
[1:35:30] Any other questions? Any other questions? Thank you, sir. Anyone else, sir?
[1:35:37] to speak to this case. Anyone else here to speak to this case? Staff, anything else?
[1:35:43] No, sir. Chair will close the public hearing. Chair will entertain the motion and or discussion on PL 2550.
[1:35:53] I'll make a motion to approve PL 2550, Mr. Chairman.
[1:35:57] Second.
[1:35:58] Kermit on the motion to approve. Andy on the second. Further discussion?
[1:36:03] motion.
[1:36:04] Putting procedure currently.
[1:36:05] Avery.
[1:36:07] Avery.
[1:36:08] Motion carried.
[1:36:10] 5-0.
[1:36:11] Next item.
[1:36:12] F-3.
[1:36:13] Public hearing to consider.
[1:36:15] P-L-2552.
[1:36:17] A request for a lot of split located at 2564 Southwest Addams roads to Wanda, Kansas.
[1:36:25] Staff.
[1:36:26] A little Walnut venture LLC owns a track of land containing 10 plus minus acres located
[1:36:31] It's south of southwest Highway 254 on southwest Adams Road, property is zone rule residential, property owner desires to split out five plus minus acres creating two five acre tracks.
[1:36:43] The property is located inside the urban growth area. The county property is surrounded by act 40 in our our zone properties access to the property be located on southwest Adams Road, which is a paved roadway.
[1:36:55] There's a native line that does run down the same side of the street, based on acreage size,
[1:37:01] hill lagoon or septic system, maybe utilized, electricity is provided by Bela Rule Electric,
[1:37:06] and there are no female mat footprint areas.
[1:37:09] Staff to confirm with the surveyor that the existing home there would meet setback requirements for the new property lines.
[1:37:17] If there are some accessory structures, if any other structure did not meet those setback requirements of 25 feet side yards, they would be torn down.
[1:37:28] New parcels would meet three to one ratio requirements and a lot from the requirements staff received no comments for against proposed split, in this case does not go before the Board of County Commission, your decision here tonight's final.
[1:37:43] the applicant or someone who's representing.
[1:37:49] The AC survey, that's not in the way.
[1:37:53] Is this
[1:38:04] the old swimmer in the state?
[1:38:07] He nodded yes.
[1:38:09] Well I was looking on us and that has to be that place.
[1:38:12] We've gotten a lot smaller.
[1:38:16] Any other questions coming?
[1:38:19] Thank you, Roger.
[1:38:20] Anyone else here to speak to this case?
[1:38:23] Anyone else here to speak to this case?
[1:38:25] Staff, anything else?
[1:38:27] Not the chair will close the public hearing.
[1:38:29] Chair will entertain the motion and or discussion on 2552.
[1:38:40] Mr. Chairman?
[1:38:41] I'll make a motion to approve.
[1:38:44] P-25-52.
[1:38:46] to permit on the motion to approve, is there a second?
[1:38:49] Second.
[1:38:50] Bryce on the second.
[1:38:54] Further discussion?
[1:38:56] Boating procedure, permit.
[1:38:58] Favour?
[1:38:59] Favour?
[1:38:59] Favour?
[1:39:00] Favour?
[1:39:01] Motion carried, five, zero.
[1:39:05] Item F4, public hearing to consider PL 2553,
[1:39:10] a request for a final plat located at 20,955 Southwest Indian
[1:39:18] Honourable Road, Douglas Clandes.
[1:39:20] Bless you, sir.
[1:39:21] Bless you.
[1:39:21] Staff.
[1:39:22] Ron Williamson, owns the track of the Ancutane 26.3
[1:39:25] plus Monosacres located at the northwest corner of Southwest
[1:39:28] Indian Ola Road in Southwest 2.10 Street.
[1:39:31] Property is zone role residential.
[1:39:33] On October 7th, the Planning Commission did review
[1:39:35] and approve a four-o-lot plenary plan.
[1:39:38] The lot sizes range from 4.2 acres to 7.85 acres.
[1:39:43] The final plot, as well as the plenary plan,
[1:39:46] That is a replat of the Deer Creek subdivision in the Deer Creek second subdivision.
[1:39:51] The plant would only be adding one additional lot, and then moving some property boundaries
[1:39:56] around.
[1:39:57] Now the property is surrounded by Ag 40 in RR zone.
[1:40:00] The property's immediate area is predominantly RR. There are no FEMA maps or dam breach areas located on the property. Access to lots 1 and 2 would be a 70-foot dedicated roadway located on Southwest 2-10 Street. Southwest 2-10 Street is paved and maintained by the county. Lot 3 and 4 would be accessed off the Southwest Indian roller road, which the gravel roadway maintained by Richland Township. The properties are serviced by road water. Property would be serviced by private wastewater systems.
[1:40:30] electricity is provided by averagey, newly created parcels, would meet RR a lot with
[1:40:37] and deaf men and mums of 270 feet, not greater than 3 to 1 ratio.
[1:40:41] Staff has not received any concern from surrounding property owners.
[1:40:45] Chairman?
[1:40:46] Questions for staff.
[1:40:48] Is applicant or someone representing?
[1:40:57] Any questions for Gerald?
[1:41:01] Thank you, sir.
[1:41:05] Anyone else who would speak to this case?
[1:41:06] One,
[1:41:13] three, four, four, eight, south, west, two, ten, Douglas, I own the property of this next door to Derrick Creek and we had a slight problem with the survey people the last time when they opened up Derrick Creek and we didn't have a problem with Billy but we had a problem with putting markers on my property and when I inquired as to why they wouldn't give me a straight answer.
[1:41:37] other than my fence lines crooked and my tree line was crooked and when I asked about
[1:41:44] the fence line that was 10 feet over, they said there was never any, that's the line
[1:41:49] over there.
[1:41:50] So there was, and I watched the guy take a fort down from the survey company.
[1:41:55] So my question today is, there's four plots, right, that's being finalized, are they on
[1:42:03] on the east side or west side of Deer Creek, the states on the east side.
[1:42:08] Both of them?
[1:42:09] Well, Deer Creek is, this is part, part and parcel of Deer Creek estates.
[1:42:14] It's, it's a replat of part of that in the Deer Creek, second estates.
[1:42:19] Well, the reason I'm asking is the Deer Creek, the one, the one parcel that's being created
[1:42:23] is Watt-3.
[1:42:24] If you look at the top there, top right, so that was one parcel right now.
[1:42:31] Okay.
[1:42:32] 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
[1:42:42] Create an access also as well. They're putting in a dedicated roadway
[1:42:49] So they had to move some property boundaries around to make that understand.
[1:42:53] And there's just a, I wanted to know where the Osaka, the Osaka is the one that's
[1:42:58] surveying.
[1:42:58] Can this go be doing it?
[1:43:00] No, the other one's still on the plot.
[1:43:03] Then I can talk to them because they're the ones that did mine.
[1:43:06] Oh, okay.
[1:43:07] A long time ago and I was trying to get a copy of that survey and they didn't have it here
[1:43:14] at the courthouse.
[1:43:15] They said it wasn't registered.
[1:43:17] So I called the company and asked them if I could get a copy and they said I couldn't have
[1:43:22] that because I was in the original request and I said well the original request
[1:43:27] passed away. Well you still can't get it. So I don't understand. It's a record. It's a
[1:43:34] recorded survey. Yes. Have you gone to the Register of Deeds office? In what? The Register
[1:43:40] of Deeds office.
[1:43:43] The Register of Deeds office. Okay so they're in this building on the first
[1:44:07] floor. I don't know if it's not recorded. I mean if it was recorded you can always request
[1:44:15] was a copy of it from Mr. Keith.
[1:44:18] No, I'm not very much of a question from here.
[1:44:19] But I tried to get it from the survey and conference
[1:44:21] to one that's getting ready to do this one.
[1:44:23] And they said I couldn't have it.
[1:44:24] They do have it on record.
[1:44:26] But I couldn't have it because the individual that requested it
[1:44:29] is the only one that could get it.
[1:44:32] And it didn't make any sense to me since I blocked the property.
[1:44:38] I don't know if Gerald's able to answer that question or not.
[1:44:41] But we didn't change any of that.
[1:44:44] OK.
[1:44:44] Okay.
[1:44:46] This, this, this here, this is the green.
[1:44:53] Yeah.
[1:44:54] We did
[1:44:56] do plasma.
[1:44:57] That's what we're doing.
[1:44:59] Yeah.
[1:45:05] Can these workers put on my property over here? Not valid? Over here. Does that mean we didn't do that? No, I know you didn't. The other survey outfit. Yeah. Can I give you a copy of? You can send your company. No, we just did this one.
[1:45:27] So you don't have record of the one that was on.
[1:45:30] It was just last year.
[1:45:37] Yeah, that book came to the west.
[1:45:41] It was that.
[1:45:42] Yes.
[1:45:43] Yes.
[1:45:44] Yes.
[1:45:44] Yes.
[1:45:45] But it is a recording flat, you can get that.
[1:45:53] Thank you for your time there.
[1:45:58] Thank you for your time there.
[1:46:01] These survey companies, all we requested was, we didn't even ask.
[1:46:06] We thought they had to come and decency to come up to the house and say,
[1:46:09] hey you know we've got to put markers on your pens line here.
[1:46:12] And they didn't even do that.
[1:46:14] They just up and left.
[1:46:16] And I didn't find them to fall
[1:46:19] when the lead fell off the ground.
[1:46:21] And that's when I started seeing the flags in the marker.
[1:46:24] That's when I made it.
[1:46:25] Well, I've always maintained the last guy in the section
[1:46:30] that's going to get short-edged land
[1:46:33] because all of the deeds and stuff
[1:46:37] are free plus or minus.
[1:46:39] and these people moving out now, it says five-hundred-and-one feet, I need my five-hundred-and-one and we've made me, we've been through this several times with the area on property that we have owned out.
[1:46:56] There was one,
[1:46:59] probably similar to this, they bought the place from their granddad, they had it surveyed off.
[1:47:05] one corner was perfectly where it's supposed to be the other and 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.
[1:47:27] So that's where you run into trouble with surveys that have been out there or not out there.
[1:47:33] Like I said, it was interesting that the one corner that was dead on was way out in the middle of nowhere
[1:47:39] Is it one along the road that was off, but so yeah those things
[1:47:46] The courtesy you would have been come up to the house and say hey, let's have a discussion
[1:47:50] Thank you
[1:48:00] You?
[1:48:03] Anyone else to speak to this case?
[1:48:18] That's wrong Williamson.
[1:48:20] And then, well, be inside the old fence, because I didn't want to share out all those
[1:48:25] trees.
[1:48:26] There is a dorm tree, the old fence line is the property where the stake is.
[1:48:31] Where the one in the first is?
[1:48:32] There is a big four round.
[1:48:35] All right.
[1:48:36] I think we can start.
[1:48:37] Okay, yeah.
[1:48:38] Motion.
[1:48:39] Let's close public caring channel entertain motion and or discussion on PL 2553.
[1:48:47] Mr. Chairman, I'd like to make a motion.
[1:48:52] Any on the list to approve?
[1:48:54] Second.
[1:48:55] Kermit on the second.
[1:48:56] Further discussion.
[1:48:58] Boating procedure, Kermit.
[1:49:00] Favorite.
[1:49:01] Favorite.
[1:49:02] Favorite.
[1:49:04] Kermit on the second.
[1:49:05] Further discussion.
[1:49:07] Boating procedure, Kermit.
[1:49:08] Favorite.
[1:49:08] Favorite.
[1:49:08] 5, public caring to consider CU-2506, request to operate in the event venue located at Southwest 160th Street, East of Southwest, County Line Road, Rose Hill, Kansas, staff.
[1:49:27] Yes sir Cole Hurley is under contract and by 40 plus or minus acres from owners Paul and Nathaniel Dickens property is currently zoned act 40 property owners desires to construct and operate an event venue on the property.
[1:49:41] If the property is re-zoned to RE, I'm going to tie two cases, the one you guys move.
[1:49:50] If the property is re-zoned to RE, case RZ2521, the new owner would plot four lots and
[1:49:57] construct two single family dwellings.
[1:50:00] RZ-25-21 was denied by the Planning Commission on 10-7, 2025. The reason was heard by the Board of County Commissioners on 10-28, 2025. 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 use request can be approved or denied.
[1:50:29] independently from the rezone application, and if the property remains ag-40.
[1:50:36] 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.
[1:50:46] They covered outside area, which could host up to 300 guests.
[1:50:51] They will host weddings, retreats, functions, private celebrations such as anniversaries and reunions.
[1:50:58] the plan notes that the building would have a state-of-the-art sound system, a dance floor of catering kitchen,
[1:51:06] the property owners plan to live on the property, or on one of the parcels.
[1:51:12] 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.
[1:51:23] 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.
[1:51:33] 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 event venue activities might have an adverse effect on nearby properties.
[1:51:48] Conditional uses are not permitted outright but are allowed as conditional uses because of the nature of activities associated with an event venue this size.
[1:51:58] The board should consider whether the proposed use is appropriate for the area.
[1:52:03] It is not necessary whether the proposed use is consistent with the intent and purpose of the zoning regulations.
[1:52:10] The uses in the area appear to be in large part role residential, use and agricultural
[1:52:17] uses.
[1:52:18] There are role residential subdivisions located to the south and to the north.
[1:52:23] There are two other conditionally uses located on West Rosewood Street, which is located
[1:52:27] to the south.
[1:52:29] One is a top soil harvesting operation.
[1:52:33] The other is a church day school.
[1:52:36] The event venue by nature would not be compatible with other land uses in the area unless additional
[1:52:42] requirements are made to make the request more compatible with surrounding property owners.
[1:52:50] The entrance to the venue would be located on Southwest 160th Street, which is a gravel
[1:52:54] roadway maintained by Puzzle Township.
[1:52:57] The owner is willing to make improvements to the roadway if necessary and has met with
[1:53:02] the township to discuss those improvements.
[1:53:04] staff did reach out to the trustee.
[1:53:08] The township did express to staff that they would prefer the road to remain gravel at this time.
[1:53:16] Rule water is available.
[1:53:18] There is a two-inch line that runs east and west along southwest 160th Street.
[1:53:24] It's such a rule water district three.
[1:53:28] They can supply additional meters to the property.
[1:53:32] road water is available, as mentioned. There is a two-inch line that runs east and west
[1:53:39] along Southwest 160th Street. I already said that, sorry. Property would be service by
[1:53:45] private wastewater systems, but the road electric would provide electricity, and there are
[1:53:51] no FEMA maps, floodplain areas located on the property. Staff fails to propose, used would
[1:53:57] have impact on surrounding property owners and is proposing consideration of the following
[1:54:02] conditions to limit those impacts.
[1:54:05] Hours of operations, Sunday through Thursday 9 a.m. to 9 p.m., Friday and Saturday 8 a.m.
[1:54:10] to 11 p.m., no music outdoors after 10 p.m., all parking will be on site, no parking allowed
[1:54:17] on Southwest 160th Street, any lighting would be positioned in a downward direction so as
[1:54:22] and not impact the joining landowners.
[1:54:25] The event building itself should meet
[1:54:27] Butler County Commercial Code standards
[1:54:30] and translate located on Southwest 16th Street
[1:54:32] shall meet the County Engineer standards,
[1:54:35] allowing for the flow and traffic in and out
[1:54:37] of the venue at the same time.
[1:54:39] If future flooding occurs in interior roadway,
[1:54:42] shall be constructed that allows for access
[1:54:44] to all those lots.
[1:54:48] In consideration of the event venue,
[1:54:50] the board should consider the reconsideration
[1:54:54] of RZ 25-20-21, the rezoning of the property from Mag 4 you go
[1:55:00] Our 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
[1:55:30] There's a lot of scenarios here, chicken in an area here.
[1:55:35] So they originally submitted a site plan that showed two driveway entrances,
[1:55:41] which you have in your packets.
[1:55:45] They do show kind of the layout of where the map that was provided, the site plan that was provided.
[1:55:54] I believe south is up, north is down, no, you're fine.
[1:56:00] I just want to explain it so they weren't all twisted.
[1:56:04] They would have figured it out probably anyway.
[1:56:08] But yes, so again, that site plan was contingent on the rezoning being approved, but this
[1:56:16] can be approved without rezoning the property.
[1:56:19] I mean, you can't approve if you so choose the event venue and not approve the rezoning.
[1:56:25] But I don't have a site plan of event venue in existence by itself as opposed to the property.
[1:56:35] In the reconsideration on the next case for the reason application, they have submitted
[1:56:40] a site plan that generally looks like a preliminary plot, just not to that extent, that does show
[1:56:48] an interior roadway with a turnaround area that would access those.
[1:56:52] And on that, on that plan, the event venue would be basically on the large parcel to the
[1:57:01] west and the other properties to the right and we can get into more than that when we
[1:57:08] get to the reason.
[1:57:09] But I wanted to kind of explain the two are not independent on each other.
[1:57:14] I did recommend that we hold off with the application of this until we knew the outcome
[1:57:22] originally of the rezone case but time was of the essence so he did make
[1:57:28] application.
[1:57:32] Staff's recommendation on this is that I would not approve it and
[1:57:36] less this board is comfortable with specific conditions that would limit
[1:57:42] impacts on surrounding areas.
[1:57:50] Question that I and I was thinking about it very
[1:57:54] there and I don't know how to even hardly ask it. We're always talking about
[1:58:00] downward facing lights, but if it's on a 200-foot pole, it lights up the
[1:58:08] heck of an area. It's going to be hard. Whether it's because it's kind of like
[1:58:12] the substation out to remind that was one of the biggest requirements we had
[1:58:17] We had down-refacing lights, but two-and-a-half miles away, you can see it from 254 Highland with the down-refacing light.
[1:58:27] You know, so that's always kind of been one of those I'm going.
[1:58:31] That's always an interesting one.
[1:58:34] It's really hard, yeah. It's how they're constructed.
[1:58:37] I mean, the best possible scenarios to try to limit that effect by it.
[1:58:42] Yeah.
[1:58:42] Down-refacing, I'm obviously, but you're absolutely correct if we have a hundred.
[1:58:47] Well, and here again, the other aspect of it is the wattage
[1:58:52] that's involved in it, and or I mean,
[1:59:02] in the situation
[1:59:03] like this,
[1:59:07] most of them, what causes your lighting issues
[1:59:10] is the parking part of it, keeping it well, and having
[1:59:17] those we don't really want a dark parking lot.
[1:59:22] But just something I had to have been rolling in my head for a couple of weeks, and I'm like,
[1:59:29] I got to say it finally tonight, so I think there's a difference between event lighting and security lighting.
[1:59:37] Yeah, they told about lighting up everything for security.
[1:59:42] But, like I said, it's interesting how, and here again, it's the wattage type issue
[1:59:52] too, because they can turn half of them off and still have security and my estimation
[1:59:59] And so
[2:00:01] Okay, anything else? Any other questions? I kind of hijack the board there.
[2:00:08] Not as applicant or someone representing?
[2:00:39] to their house. So the plan is, we are currently under contract for the 48 years, like we talked
[2:00:44] about. Obviously, the best case scenario is initial use permit and the result, because the
[2:00:50] plan is for my parents to go to the house out in the country where they fished over. They
[2:00:53] were initially and then us don't want to dwell on site. I feel like being on site helps
[2:01:02] I mean, I mean, it's not just, I know it's out there,
[2:01:05] it's out of the back self,
[2:01:06] just not being ready to be on the side of all the time.
[2:01:11] But my wife and I raised our three boys out and down as well.
[2:01:14] We were both teachers studying at work in schools
[2:01:17] and we're just really looking for a way
[2:01:21] to supplement teachers that come to be honest.
[2:01:23] We own her wishy model as well.
[2:01:25] My grandpa started that in 1967
[2:01:28] and at this point, my dad's 71.
[2:01:30] want to work another full-time job. I can't do this all the time. He is ready to retire so
[2:01:35] we're trying to figure out a way to transition that business to another point that's not quite
[2:01:39] so labor intensive on him and myself. Sorry, you're starting the high school is not
[2:01:45] other than sorry. It's a little different so it takes me a second, but we can be just as
[2:01:52] just rattling interrupt.
[2:01:53] I wanted.
[2:01:54] He's saying that he probably harder than we are.
[2:01:57] I don't know.
[2:01:58] You're less than ten.
[2:02:02] The goal is obviously to create something that adds to the
[2:02:07] value not takes away.
[2:02:08] I don't want some crazy futuristic looking building.
[2:02:13] You can see the picture on the front page of that report that I have.
[2:02:16] That's the idea of the menu to fit the landscape to add upon to add
[2:02:20] and trees, because right now I was 40 years old,
[2:02:23] I was sitting on a tree on it.
[2:02:24] So the plan was to landscape it.
[2:02:27] And really, more included, so you won't even hardly see it.
[2:02:30] We walked out the whole property.
[2:02:32] You came to know where the venue sits,
[2:02:33] or the plan was that you came to see it,
[2:02:35] or you're sitting there, because of the way the building is.
[2:02:38] And if we build it the way that we've described it,
[2:02:42] I just don't see it taking away from anything
[2:02:45] but adding to the company itself and the township.
[2:02:48] And I did have a meeting, I went to the township
[2:02:50] He did, I did not, I was not on the impression that they wanted to keep it rabble.
[2:02:58] I was on the impression that they weren't going to pay for it, but they said if I, I would
[2:03:03] be more than willing to enter into a agreement to have us chit-seal that road, and they would
[2:03:09] create the base.
[2:03:10] He said it's already got a solid base that it would, that it wouldn't take much to prepare
[2:03:20] from the bridge that is in the 8th of the mile west of the other, he said the entrance
[2:03:26] I would rather do in the property or into it, just to cover the whole thing, but when the
[2:03:31] other roof is expanded four lanes there, came in all the way to the bridge and then disaprotonated
[2:03:36] for the mile west of the other room, so it would be from that point of the bridge to the
[2:03:41] of our property that we're in the contract for, which is about six cents a mile.
[2:03:46] Well, and now I would just generally say that because we've had downships come in and
[2:03:51] go, well you're going to do the next half mile also when you have no, if you want to go
[2:03:58] to your boundary, I'm totally fine with that, it's, it just, we, I've seen that, seeing
[2:04:05] were they've tried to abuse someone coming in and they were very gracious when I was there
[2:04:13] and seemed very supportive of anything that we're doing. There wasn't a lot of people
[2:04:17] actually, but the whole point was that they couldn't talk to you.
[2:04:23] So they weren't against the venue by any means. I think their issue was with the cost share
[2:04:30] that didn't feel like they wanted to enter an agreement for a cost share because then that
[2:04:34] brings on expectations for maintenance as well. I think they felt like it was
[2:04:40] probably going to get paved at some point anyway. So that's why I said they
[2:04:46] just prefer to remain gravel at this time. So really that's because I don't think
[2:04:53] they're they're going to be for a maintenance agreement or a cost share to get
[2:04:58] of road done at the side.
[2:05:04] I, he, as far as I know, they just preferred that it stay gravel right now. And I did speak with them after we spoke.
[2:05:18] Well, that's something that can, could be clarified. If we proceed on, yeah, it can be clarified very easily.
[2:05:34] I think he has had all the business plan and the preliminary side plans of the resounding
[2:05:39] with the four lots.
[2:05:42] Again, just two in lots, three and four could be simply my own, so my parents house and
[2:05:46] my house, and then my mom would be not the hand drawn one, but the actual.
[2:05:53] Yeah.
[2:05:54] Yeah.
[2:05:55] Yeah.
[2:05:55] I've been looking up at it too.
[2:06:01] It's a pretty good sketch and it's got dimensions on it anyway.
[2:06:07] Oh, there you go, man.
[2:06:09] Well, the instruction.
[2:06:11] So the kids have been learning as you've been doing.
[2:06:15] Next sketch point, yes.
[2:06:17] So a lot too, we just be sold to him ever?
[2:06:19] No, we're not selling to him ever.
[2:06:22] We would all hold it.
[2:06:24] I don't have to.
[2:06:24] Yeah, so a lot to my brother lives in the course of Utah.
[2:06:30] At some point, since he's going to look back,
[2:06:32] he's a ski officer, he's trolling me.
[2:06:34] He's 100 years old, so I've been moving back.
[2:06:36] But if that was the case, he would have to keep her away.
[2:06:40] Gotcha.
[2:06:41] It wouldn't be so long.
[2:06:42] Gotcha.
[2:06:43] OK.
[2:06:46] Other questions?
[2:06:52] Bryce, just think you can get you that egg
[2:06:54] badge.
[2:06:54] You can look at that on that.
[2:06:56] I know.
[2:06:56] I'm going to try to blow it up on that.
[2:07:19] Any
[2:07:24] other questions or comments for any
[2:07:30] other questions or comments for them?
[2:07:36] My
[2:07:42] name is Lance Flowers, and I actually live at 15th Fort
[2:07:48] Clearby, Kansas, which is about
[2:07:50] a mile and a quarter away, but I do own a property that
[2:08:01] won 60 of them.
[2:08:05] Now, I didn't catch the exact number,
[2:08:10] if I was at 300 inside and 350 out or 350 in.
[2:08:18] So the outside is just like our ceremony, the inside and 350.
[2:08:23] So it's the same thing, it's not trying to get 600 people at one time, but it's an outside.
[2:08:28] in the settlement area, which is not even in the plans right now.
[2:08:31] That's future, settlement in the side, or reception in the side.
[2:08:36] Okay, so I'm not trying to put 600 people on it.
[2:08:39] So I'm probably the only one around here that lives next to an event facility.
[2:08:45] So there is the Pinehurst facility right there at county line road,
[2:08:51] She worked in 150.
[2:08:58] She stood me on my property
[2:09:05] south of that,
[2:09:10] on the side.
[2:10:02] Please try to address the board. Okay. If you pull about one map up, I can show you over at
[2:10:20] 88ers right there. So essentially, it is as close as possible. And I can tell you, you know, we've kind of let the charge on 159. If there's noise at after 10 o'clock, we call it, we call the Central County Sheriff and they come in there and shut down the venue and then all the people get upset.
[2:10:43] It's just
[2:10:43] This awful. It really is. Obviously, Butler Road is going to be closed for two years with
[2:10:49] the widening project because they had to build me a secondary
[2:10:55] than 60th Street because
[2:10:56] we
[2:11:00] head to the bean
[2:11:11] southbound.
[2:12:04] I own the property just to the east of where this has been discussed. I don't know that
[2:12:12] probably since about 1973, so I've been there a long time and at this time, I have several
[2:12:23] concerns.
[2:12:27] I was out there fixing fence and doing some things where we could go and the
[2:12:34] dust on the road, it was like 130 in the afternoon, not like rush hour or anything, but the dust
[2:12:40] was so bad that in a very short time you didn't even see what color my shoes were and I
[2:12:48] caught with several days after that because of the dust.
[2:12:51] It was the construction equipment and it was some of the hauling of a trailer loaded six
[2:12:59] big round nails down the road and all that sort of thing.
[2:13:03] There weren't any cars going down the road.
[2:13:05] It was all trucks of some nature and other.
[2:13:10] And the road just, I don't feel that I did support it
[2:13:15] but traffic, commercial traffic, being able to use that road.
[2:13:25] Let's see.
[2:13:27] My other concern is, I guess, after a hearing and hearing,
[2:13:32] so you could teach us everything.
[2:13:36] Unless you've had experience in this business,
[2:13:39] it is very easy to go bankrupt,
[2:13:42] trying to do something like this.
[2:13:44] I mean, we didn't really put it together
[2:13:46] and I've packed in beautiful pictures
[2:13:48] and all this kind of stuff.
[2:13:51] But even interest bank arena can't do it.
[2:13:54] They are having to rate, they've gotten the,
[2:13:58] I think it's been passed,
[2:13:59] the county is going to have to raise taxes just for interest, frankly.
[2:14:06] Man, that's not really pertaining.
[2:14:09] It's his business, it's his concern.
[2:14:12] Okay.
[2:14:13] And I have a real concern about, you know,
[2:14:19] what happens if this goes down and you're saying it's his business,
[2:14:23] But it's my business, if it messes up the neighborhood,
[2:14:29] and I have to deal with a lot of other negative things
[2:14:35] that happen down the road.
[2:14:37] So I'm also trying to give it.
[2:14:41] I had a farmer who passed away, and his family's
[2:14:46] trying to take over the farming.
[2:14:49] This was his first year at it.
[2:14:51] and I mean, I really would like to support the farming aspect.
[2:15:00] I cannot be driven off by noise and noise, and who knows what else. I pick up a lot of ear models and ear 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 those things one to more. And the other is just because I don't know.
[2:15:29] Because it's unsightly, so I'm not happy about doing that kind of stuff, but it's the reality of only property.
[2:15:38] So, you know, those are some of my concerns, and another concern.
[2:15:45] I got this card in the mail.
[2:15:48] It's an important notice on it.
[2:15:51] I got this the day before the last timing meeting.
[2:15:55] And the meeting went kind of long, so I didn't want to say anything.
[2:15:58] But the top admin card tells me that water supply was contaminated and if they
[2:16:08] mean all the details on that and then the bottom half of the card says you
[2:16:14] won't die from it. So that's, you know, I feel like the real water district is
[2:16:21] a little bit fragile there. I mean it's there. I think they did some more
[2:16:26] on the town line portion, maybe put in a little bit larger line, maybe that was responsible
[2:16:32] for this, but the point was that it contaminated my water supply there, so I just felt like
[2:16:42] I should bring that up too, so I'm not sure if we have the infrastructure support as far
[2:16:50] as fire and policing of the events and there's always going to be something that comes up
[2:17:01] and those sort of things.
[2:17:04] If you're going to have crowds, that stuff's going to happen and I have a little concern
[2:17:10] about that.
[2:17:12] One that's actually my farmer who passed away, he was really involved with the fire department
[2:17:19] And I could see over the years, the last 10 years or so,
[2:17:24] you could just see the stress on him
[2:17:27] from being a volunteer and trying to manage the growth
[2:17:31] and the other things that come up with not being
[2:17:38] a really paid department, like paid fire
[2:17:49] I just don't feel that Rose Hill has come that far along, you know, to take on some
[2:17:59] of these things like that.
[2:18:01] I think there's more to it than just having a pretty packet of pictures of paths and saying
[2:18:08] I mean, this is all that is successful because it does affect the community and it affects the families and everything like that, so I just have those concerns and I appreciate it.
[2:18:21] Any questions?
[2:18:23] So where do you live from this?
[2:18:25] I live in Wichita.
[2:18:27] So you live in Wichita, but you just have, you've landed here.
[2:18:30] I have land and the water here, where he's saying.
[2:18:35] And I'm adjacent to a, I have a house out there too.
[2:18:40] So, hand it out.
[2:18:53] Thank you.
[2:18:59] Anyone else?
[2:19:04] Angela Aver, once, six, four, seven, six, counter, I know,
[2:19:07] which is adjacent to this property as well.
[2:19:11] My name concerns, following with everybody else,
[2:19:15] and they make quite a good point, so I won't go over them.
[2:19:18] is the terraced land where you can see the property and picture there shows all the terraces.
[2:19:24] I want to know what the effect, if you're going to change them,
[2:19:28] what the effect's going to be on my picture.
[2:19:30] I don't want the soil erosion or...
[2:19:33] I am, you talked to us.
[2:19:34] Well, okay.
[2:19:36] You can hear me.
[2:19:37] Okay.
[2:19:38] Well, I am concerned about the soil erosion and the water shedding.
[2:19:43] I don't know what effects it's going to have,
[2:19:45] At the moment we've got the gold elocks at their time, not too much, not too little, just right.
[2:19:52] So I like it to say like that because I don't have to deal with, I've got dams on that property,
[2:19:58] and I don't want them washing away because we...
[2:20:00] We have two of water or soil clog in the ball up and washing it away.
[2:20:07] I'm also concerned about the increase of traffic and, as was 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 and decide they can just go wherever they want.
[2:20:59] Mwy'n cald, callio'r ffordd ou gliliau'r inver
[2:21:00] gyda ddyswynau aIVauFIŃ
[2:21:04] o Onisaeth oedd i
[2:21:05] sicrhau ddyswynau veался whelanc
[2:21:06] i fod yn llelion pwydde mwy
[2:21:08] substantive a Bathua Bandwyd
[2:21:10] pfre Innovat possibly i
[2:21:13] yw llwnni
[2:21:14] Daydud EDad page
[2:21:27] Daydud EDad page
[2:21:29] Gwydd yn ffairdellwyr i'n ffairdell ni'n ffairdell neu priodd eIchoedd cael ei dweud asodaeth?
[2:21:35] Felly yn ffairdellf mum, mae hyn ni hynny'n ffairdellf.
[2:21:39] Mae hynny'n ffairdellf mum, surelyfm ni'n ffairdellf mum, mae hynny'n ffairdellf.
[2:21:42] U Mae'r ffairdellf mum, mae hynny'n ffairdellf mum, gan hynny'n ffaird,
[2:21:51] Mae'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n niw'n
[2:22:19] ach banteau'n ceithau caeladol o ceithau a fywyddol ygyhymnau'r soit unrhyw
[2:22:43] Mae'r dwi'n ganddwl os yna sy'n gyliad, ac mae'r ôl i fynd i ffordd i'r o dobl'n gwrs.
[2:22:50] Mae'r dweud bod yn syliad bi'r
[2:23:01] cwsefodaeth
[2:23:16] caneiddau i ffordd eu ar y llwf.
[2:23:28] Pwybeth y dwad o'r ond eithais i'r bwraith a'u'r llwy ito o'r gawr ar oedd dechrau'r ei wneud ar ymwbeth yn yna a'u cael tro yn yswyrr a'u ai.
[2:23:40] Mae'r chi'n llwybeth i'r bwbeth i'r gwaithio yn yna a'u beth ymws i'r bwbethoi ymw'r gwaith i'r bwyd 가뾌wllais ymw'r dos.
[2:23:47] yww i'r sefydthwarnu gyddyg allanadau pwyd mwyd llwig gweld diol y llwerdu直boion rhywbethau,
[2:23:53] gennydol yw'r ysgwch i'u myndw i fi'n pwyd na'r tim oiddau itatau diolgau yw'n iawn chi'n dyni felly요.
[2:24:00] Yeastau dwainch, mew'n iawn, mew'n iawn ni wedi bagu wneud i'u wasaidd.
[2:24:04] Ymw'n iawn wneud iawn oswyddo angen cymrir a'u Glydeŷiniír,
[2:24:08] ag y ddi'r gweithio am eti'u, am y ddi'r gweithio am eti'u potio i ddiadau gwneud i'r gweithio a'r egai'u.
[2:24:14] Mae'n gweithio'r gweithio oedd eu aru gwaithio a'r rai wneud unrhyw sefynadau o ddim yn y bas.
[2:24:19] Mae'n gweithio a'r gweithio a'r gweithio a'r gweithio a'r gweithio.
[2:24:26] A my myself was a hwnnwyl, a llyfr, anewr mewn o'r nefydw i'r anon yn ei cy Deputy Yslwys Gudurgyddol,
[2:24:38] un i'w nesbwyneud ar efo unipnaw i'r gallb i'r gallb i'r gallb i'r gallb i'r gallb i'r gallb i'r gallb i'r gallb i'r gallb
[2:24:49] ac amser i'i wedi premaiddorol ar g Waith i'r cyngl Which i'r cylwth i'r cymroedd i'r fyni gallu'r cymroeddol deir a'r cymrydorol,
[2:25:02] It's going to be contained around the venue would be more likely to be, like, street party lights, something that's low voltage. It's not going to, you know, it's seen 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 sent their way and they are implementing a loop system in the water source or the water system to create more
[2:25:29] water pressure and more water to the area. So there is more than enough
[2:25:34] rule water to cover a one inch meter for the venue and two three quarters
[2:25:39] meters for the sink family homes. That's been discussed. It's actually
[2:25:43] impacted as well. It talks about all that. And then, excuse me, as far as fire
[2:25:51] hydrants, there actually is a fire hydrant, three quarters a mile away at
[2:25:54] actually not even 6, 6 tenths of a mile away at about the road 160, then it is a 16-inch
[2:26:00] mainline fire hydrant. So it is plenty of water to fill in, tanker that can pull as much
[2:26:06] water as they want off of it, and it is less than the three-course of miles away from the
[2:26:12] thing itself. So they assure me that that's more than enough water to take care of anything
[2:26:18] that we have there, whether it be a venue that seems once a week, that most, and then
[2:26:25] the classes that are... I guess my point is, it is an urban district, urban development
[2:26:32] district, and like the county commissioners said, it's going to get developed. At some point,
[2:26:37] if we're just going to lay down an edible, or we can put two houses in a building on it,
[2:26:48] It's I
[2:26:51] just don't know what else to address on here as far as yeah questions. I think the
[2:27:01] the big one I have is back to the noise level that's been a major major concern of this board
[2:27:13] especially in a location like this because it's a little different than the one we had earlier this
[2:27:23] evening that you look at the map and you see you know they're claiming 20 houses
[2:27:29] well there's there's a few more than 20 houses around this fairly fairly
[2:27:36] substantially close and like I said that that to me is the biggest probably the
[2:27:47] biggest issue and here again, I don't know as long as it's
[2:27:57] contained inside, it might
[2:28:00] work in this area, but we've turned quite honestly, it turned several down that have been
[2:28:07] this heavily residential in the area. I love the plant that's been put together but I'm
[2:28:16] I'm not sure the, in my estimate, just from that standpoint.
[2:28:25] Now if we can come up with some way to, and air again,
[2:28:30] I don't know how you do it, out what we require,
[2:28:35] that it's all inside tape,
[2:28:42] that noise didn't travel past.
[2:28:45] That's the property lines, we haven't come up with the barrier of the fence I had.
[2:28:54] Like I said, you've got some berms showed on there which greatly enhanced that.
[2:29:00] For my standpoint, that's one of the major concerns that I have.
[2:29:07] I don't know about the rest of the board
[2:29:10] speaking for myself.
[2:29:16] Any other questions coming from the board?
[2:29:19] Is all the music going to be inside?
[2:29:21] So
[2:29:24] then ceremony, which will be more of a day?
[2:29:28] Yeah,
[2:29:31] the main notification letter you want to know.
[2:30:06] 18 notification letters one out, one of those was two plus and township and one of those was to the owner of the property. So 16 looks like the other feedback. No other feedback, but we had the, I mean, that was the same notification as the rezone. So I,
[2:30:31] and this was kind of last minute. I mean, we mentioned it at the last meeting.
[2:30:37] I
[2:30:40] mean, I mentioned that I heard tonight, I mean, the neighbors didn't have a chance
[2:30:44] to hear what was presented at the Board of County Commission, which is why I made a notification
[2:30:49] that the last meeting we had that this was coming up, the reconsideration that I also made
[2:30:57] a comment about that put into, but I haven't heard from anybody specifically to the event
[2:31:08] But I think all the probably because most of the same concerns were probably for the reason that's just my opinion, but that's, but I can't say why they're here.
[2:31:29] Other questions?
[2:31:37] Wait, barely on one time, unless the board has a question for you.
[2:31:45] Anything else?
[2:31:48] Thank you, sir.
[2:31:52] Stay up, anything dead?
[2:31:53] I would just add again that you kind of already mentioned your concern, but for any of,
[2:32:01] for either approval or denial, a nice statement of fact, to pass along to the Port Account
[2:32:09] Commission to support the approval or denial is always good.
[2:32:14] a good role of thumb as always, the staff report that I present, that you guys have, you
[2:32:23] know, those are kind of the factors laid out. I mean, that could be used as a guideline
[2:32:29] but I'm going to call those. I think one of the gentlemen during the rezone talked about
[2:32:33] the gold rules.
[2:32:35] And I know, as someone said, what the staff report that you go through pretty well is the
[2:32:42] list.
[2:32:43] I'm not reading the questions, but we are, we are talking about everything from the staff report that I mentioned comes from those, those questions.
[2:32:54] Yeah.
[2:32:56] Was there anything in particular from the board when they sent this back?
[2:33:01] This was, this wasn't sent back, the next case was sent back, the one we put on after that.
[2:33:08] 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.
[2:33:17] Hurley contention on the approval of, you know, whether or not he buys the property contention on the approval of this case.
[2:33:28] I'm
[2:33:31] not confusing and
[2:33:38] I will mention more more time just to clarify I did not get into specifics about the roadway as far as whether or not
[2:33:46] Mr. Hurley paid for the entire improvement, whether they would be for that or not,
[2:33:54] but it was specifically to whether they'd be willing to, because they had discussed
[2:34:00] cost sharing or anything like that. So as far as improvements and they were not willing to
[2:34:07] to probably go forward with that, but I can always revisit with them if that's a big deal and
[2:34:15] find out specifically if they have any issues with the maintenance if the county
[2:34:20] worked to require that it that'll be chipped sealed or paved or whatever.
[2:34:35] No other questions, chair of close public caring, chair will entertain a motion and or discussion on C2506.
[2:35:01] The motion was much as it is just a comment, but I was in there for the meeting. When this came in front of everybody at the first time, that I would not disagree with the comment there. At some point in time, it was realistic. It was going to be a development.
[2:35:20] And when you look at it and conjectually, the comprehensive plan of the development in the future, the comprehensive plan is headed. And then where we're at, not a process, that would be good.
[2:35:32] We're pretty well wrapped, I would say, that I'll probably sure have some bearing and
[2:35:44] the decision.
[2:35:47] But if I'm understanding you correctly, there'll be this particular applicant if he can
[2:35:53] obtain the condition he used for me, this plaque that's confronted us on another motion
[2:36:03] So where gets messy is obviously the Board of County Commission can override the planning commissions by a majority vote.
[2:36:18] So it gets a little dicey but I mean in essence if you were to deny the conditional use,
[2:36:28] then we don't really have plans then, I mean, that's what I would have to present.
[2:36:34] 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.
[2:36:54] for the rezone.
[2:36:58] Well, I guess at the,
[2:37:03] I mean there's two trains that thought on this, I guess, to an extent.
[2:37:12] I understand some of the concern with the event venue.
[2:37:17] But the flip side of that too is, you know, when it's developed and based on the
[2:37:21] the reason that it goes to recommend I'm wrong but there's nothing saying that it
[2:37:31] couldn't be more densely developed and what they're requesting with this
[2:37:38] particular proposal. Yeah so I mean I understand that that would involve a
[2:37:44] different planning in a different process.
[2:37:46] Correct.
[2:37:48] You know, I guess as we look at things from a
[2:37:52] little
[2:37:56] higher, little broader perspective on this,
[2:38:04] there's some of those things that maybe can be
[2:38:06] consideration.
[2:38:09] So, I don't know if I heard you correctly,
[2:38:11] but if you're saying that for whatever reason,
[2:38:13] and then you did not. We denied it in the land stayed at some point. That language would
[2:38:20] be developed. There would be more plots. Maybe I'm playing seven eight houses versus.
[2:38:25] But I'm saying that I think that's a real possibility. Yeah. No, I agree. You know, as we move forward.
[2:38:34] And you know, I don't know where that line is between what is detrimental and beneficial to
[2:38:42] neighboring landowners. Nor do I don't think any of us do.
[2:38:50] They're just talking
[2:38:52] out loud of all scenarios.
[2:38:57] We turned one of these down. It wasn't too far from
[2:39:00] there. It was kind of buttoned up against Flint Hills, remember that? Yeah. Same
[2:39:08] type of proposal. That one. I remember that.
[2:39:16] Maybe a little bit of
[2:39:16] I was, the road was really bad, yeah.
[2:39:21] I don't think they could get too far through that one area.
[2:39:31] And I can say, there are a lot of ways to also get one
[2:39:35] on the same thing, Lake Road.
[2:39:37] Yes, that was just the end of the weekend.
[2:39:42] I didn't even know what to do.
[2:39:48] But so I do think there has to be some consideration.
[2:39:56] but in the side of the bed.
[2:40:00] We've had, we've had a request for things in development in places that probably we didn't make as much sense, and we're not boundable or miles of gravel, we're not 10 miles from down in the machine. There's,
[2:40:27] 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.
[2:40:37] are all they, you know, to extent, sometimes, you know, to their detriment, things grow into
[2:40:47] them, I guess. And I don't know as though there is a perfect answer and a perfect scenario,
[2:40:54] there's not a perfect answer or scenario to it.
[2:41:02] And not that I'm making a motion, you know,
[2:41:04] just kind of talking out loud through some things because I can see both sides of the
[2:41:15] fence.
[2:41:15] And I hope that these people fully understand that we don't miss anything that they
[2:41:22] setting. But
[2:41:28] there's two sides to every corner.
[2:41:38] Kind of like the last menu. Have the option
[2:41:42] to let it proceed to operating with no lab user laws versus guidance and guideline.
[2:41:54] You know, is this a similar situation here?
[2:41:58] Bill, that's some guidance in guideline,
[2:42:00] and we're able to, you know,
[2:42:02] somewhat control the population within that area?
[2:42:10] Yeah, I'm, I don't see this the same as you.
[2:42:16] No, there's, there's some difference in the,
[2:42:18] the biggest, the biggest struggle that I,
[2:42:23] quite honestly that property is too ripe for development in my estimations to waste
[2:42:43] 20 acres on an
[2:42:46] event center, type scenario, we could put in, you
[2:42:55] could come off of that and put in four
[2:42:57] or five lots.
[2:43:00] Here again, the thing that is the proximity, I mean, these guys earlier
[2:43:07] tonight were talking miles away. And within a half mile, you've got thousands of people,
[2:43:17] or not that hundreds of people, for an event venue whereas if it's finally developed
[2:43:24] for residential,
[2:43:31] I've got no problem with that, but I'm struggling with the event in the
[2:43:38] proximity to basically Rose Hill.
[2:43:42] There.
[2:43:44] And I get where you're saying that there's also an argument about that, that this is no more
[2:43:50] They see the encounter that was in the 18 or 20 houses, either way.
[2:43:55] No,
[2:44:02] not saying either way is right or wrong in just saying that there is the argument that these people, or somebody else may make, that says, well,
[2:44:25] they said it is wish and technology soon hopefully catches to where we can build a sonic barrier around it.
[2:44:35] music stays within 200 feet of the building and the neighbors don't even know it's
[2:44:41] there, but you know we can do a lot of things when we haven't come up with that
[2:44:46] when you go. I'll have to invent that. You should. Just come up with that. Thank God.
[2:44:53] It's
[2:45:55] I just listed the hours of operation. I saw the cars operation but I didn't see anything. I don't think there was any music
[2:46:09] or noise would be stopped at a certain time. I didn't say that I didn't even know if I was just overlooking it. I just listed it as one of my suggested conditions would be no music outdoors, I pretend. But I mean, noise is a, it's tough to narrow down.
[2:46:38] I do find that a little bit, we talked about the EDJs and things like that, but then I
[2:46:48] do notice the very specific instances where there's been venues that have been approved
[2:46:55] by the city that's set in the county, you know, but the city's EDJ and cities have a completely
[2:47:05] different view on this. I mean they say well we're not, we're not going to fit any kind of
[2:47:11] guidelines on when you have to shut the music off because that's inhibiting your ability to do
[2:47:15] business and then that gets thrown to us in County. Right. So completely off the subway. Yeah and
[2:47:26] those I typically you know if I get notification of those I just take them in front of the board
[2:47:32] Board of County Commission, basically with what information I could gather to give the
[2:47:38] best recommendation to the city, then, as far as whether the county felt like it would
[2:47:45] meet or not meet, or if the county had any issues with it, but yeah, it would also go
[2:47:52] through their boards, the application's actually made specifically with Augusta and El Dorado,
[2:47:58] So this is what I think you're talking about, right, with our in all of our agreement and those applications actually go through those cities, so they actually make application with them and they go through their boards.
[2:48:10] 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 or not the county is or against it.
[2:48:27] or if they see any concerns with it.
[2:48:43] Good. You're cutting into my nap time.
[2:48:45] I know.
[2:48:48] Well, right, wrong or indifferent.
[2:48:50] I'm going to get us off top of that.
[2:48:52] There you go.
[2:48:53] So, Mr. and I may need a little help along the way.
[2:48:59] I'm going to make a motion to approve CD2506.
[2:49:05] We have the stipulations that Toby has outlined in page 9.
[2:49:16] I'm sorry.
[2:49:16] He's got some on page 9 as the one folder under item 10.
[2:49:23] Hours of operation, no music outdoors after 10 p.m.,
[2:49:30] all parking will be on-site.
[2:49:32] Do you need me to go through and read these two areas
[2:49:33] for know you with what I'm saying. I would buy you with them so just if you have any changes with them,
[2:49:39] they're not. The only thing that would be is because the one that we talked earlier and I know this
[2:49:48] is a different type situation but there was no music after ten outdoors or otherwise. The music was
[2:49:56] shut it to you and I'm buying
[2:50:00] Yes. Okay. I mean, so let's branch the word out the words to write on the short tales of what everybody is saying. I think what everybody is saying is some of these people like these applicants have particular that want to put in the venue in a more highly densely populated area are going to have to come to the concessions of what they need to do to try and get along with some neighbors, or don't build it.
[2:50:30] But here it is, if you want to do it, this is what we'll do.
[2:50:33] If you can't comply with that, focus on something.
[2:50:43] So, to finish my motion, approval based on these stipulations
[2:50:51] with all music to cease at 10pm, indoors or outdoors,
[2:50:58] including any amplification of anything.
[2:51:02] Anything
[2:51:07] concerning the roadways and the agreements between the township and them.
[2:51:15] I guess I feel like whatever they come up with, between the two of them, I'm fine with.
[2:51:24] There has been conversation, which most certainly there hasn't even been conversation.
[2:51:32] The parties know each other, at least know of each other.
[2:51:46] Anything else, Tony?
[2:51:47] I don't mean that we've told you that we've done it.
[2:51:50] No, just if you had a reason for approval that I could pass on.
[2:52:00] Be useful and bright and say because that's it, so okay.
[2:52:05] Well, I mean, because, to an extent, I feel like there's a lot of legitimacy to the fact
[2:52:13] that it's going to get developed, okay?
[2:52:15] Okay, whether it's strung full of houses or a mix of conditionally used permit and residential
[2:52:28] it's kind of perfect and I don't personally I don't know as though this operated accordingly
[2:52:36] and in accordance with guidelines we set forth as any more in cumbersome on a community
[2:52:41] of people then somebody flattened it into 16 or 20 different houses.
[2:52:47] Perfect.
[2:52:48] Start adding up to noise on everybody having a deck party on the 4th of July and see what
[2:52:52] happens.
[2:52:56] Thank you, sir.
[2:53:00] Is there a second?
[2:53:02] Andy on the motion.
[2:53:03] Is there a second?
[2:53:07] No, second.
[2:53:08] Christy on the 2nd?
[2:53:11] Further discussion.
[2:53:15] Putting procedures criminal.
[2:53:17] Against.
[2:53:18] Favourite.
[2:53:19] Favour.
[2:53:20] Against.
[2:53:25] Okay,
[2:53:31] now we need the three that voted against to give reasonings to Toby so that can commissioners know that side of it.
[2:53:46] I just don't believe it's a good location for an event.
[2:53:50] Senator, the proximity works out.
[2:53:57] That was my reasoning.
[2:54:00] David, anything to add?
[2:54:02] No, okay.
[2:54:03] You get that too.
[2:54:08] So at this time...
[2:54:10] So do we need a motion to deny
[2:54:12] or it's just a failure of the motion you didn't know?
[2:54:15] Well, see, that's what I've always struggled with in these cases.
[2:54:18] I've usually asked for a motion to deny.
[2:54:22] I would ask for another motion just to make it.
[2:54:24] Okay.
[2:54:26] And don't you guys go and change your...
[2:54:28] I'm
[2:54:36] looking at you, Bryce,
[2:54:36] And then I'm going to start looking at the Kermits.
[2:54:38] I'm going to second Kermits.
[2:54:40] I'll make a motion to it with nine.
[2:54:41] There you go.
[2:54:42] Kermits on the motion to the second.
[2:54:45] Bryce on the second.
[2:54:48] Any further discussion?
[2:54:50] The motion is to deny.
[2:54:52] Then I'm in favor of that.
[2:54:55] I guess.
[2:54:58] See if we made this as clear.
[2:55:00] Using as we possibly did.
[2:55:05] So three to again, in favor of the motion. And you have the
[2:55:11] reasonings on the prior one, which can this be? Yep. Main reason and not a good location
[2:55:19] for the event. Okay.
[2:55:25] The next question then I guess would be to the applicant, are you
[2:55:30] We even consider, want us to consider the reason of this time.
[2:55:34] Just because it's the night.
[2:55:38] No,
[2:55:41] this is chair, this is the right, it takes a super majority from the county commissioners to approve it.
[2:55:47] So, yes, so I
[2:55:55] can go, I can go back through what, again, Paul and Daniel Dickens on track of land 40 plus or minus acres.
[2:56:02] Property is located east of Southwest County line on Southwest 16th Street.
[2:56:07] The property is currently zone day 40.
[2:56:09] The owner wishes to reason the property to RE on 10th, 7th, 2025, the planning commission
[2:56:15] did hear the case recommending to the Board of County commissioners denial by stating that
[2:56:19] the main reasons for denial was that no future plans for the property had been disclosed.
[2:56:25] On 10th, 28th, 2025, the Board of County commissioners did review the case again before the case
[2:56:31] case again was presented, staff learned the property was under contract for the purchase
[2:56:36] for the event venue.
[2:56:39] At that meeting, they did hear from Mr. Hurley who also presented the idea of a smaller
[2:56:44] size plotting on the property.
[2:56:48] The Board of County Commissioners did vote to remain the case back to the planning commissioners
[2:56:55] planning commission just to consider the new plans.
[2:57:00] So, as spoken, contingent property over coal hurly has submitted the site plan.
[2:57:07] The site plan did note that if the event venue was approved, he would like to plot the property into four lots.
[2:57:14] One lot would contain the event venue and two other lots would contain single family dwellings for him and his family.
[2:57:23] The lot sizes would range from 6.67 acres to 16.65 acres.
[2:57:33] And I do believe Mr. Hurley did mention that he would consider three lots as well.
[2:57:41] The property again would be serviced by rural water and be accessed by an interior roadway
[2:57:46] if that were to happen.
[2:57:49] Again, it should be understood that the rezoning of the property is not contented on the approval
[2:57:54] of the conditional use for an event venue.
[2:57:57] However, Mr. Hurley did make it clear that he did not intend to purchase it if it was
[2:58:01] not approved by the Board of County commissioners.
[2:58:07] Again, the property is located inside the urban growth area.
[2:58:10] The county appropriated by Act 40 in our our zone properties.
[2:58:14] The property does fall within Rose Hill's extraterrestrial jurisdiction and there are similar
[2:58:18] in the area.
[2:58:23] Just to recap, because the property does fall within Rose Hill's ETJ staff did reach out to the city.
[2:58:29] They had no concerns at the time. The future plotting of the property were to occur and that they would prefer any application be made through the county.
[2:58:40] And then rehashing some of the original concerns. There were many of them.
[2:58:47] Staff had received phone calls and letters and oppositions to propose changes to the zoning.
[2:58:53] And staff had general, I generalize, but they were worried about construction disruption,
[2:58:58] just transformational zoning, the shift in the character of the community, setback requirements
[2:59:05] and the change of zoning would change.
[2:59:07] So I've saw setbacks reducing the usable area of the land, loss of operational flexibility
[2:59:12] facility for the expansion of agricultural operations,
[2:59:16] agricultural plant risk, more traffic noise,
[2:59:19] more vehicles, more pets, light pollution,
[2:59:21] wildlife displacement, property devaluation,
[2:59:23] that generalize most of them.
[2:59:28] So yes, we are considering, I guess, Mr. Hurley's plans
[2:59:32] are the new or what plans that we have to reconsider.
[2:59:37] So your recommendation right now for the event venue
[2:59:42] is denied, but it is just a recommendation to the Board of County Commission.
[2:59:45] They do have final decision whether to approve or do not.
[2:59:50] But is it not pointless to reason this or to change the zoning on this?
[2:59:56] The original zoning was denied because...
[3:00:00] There was no other planning.