Planning Commission - Regular Meeting

We'll call the March 19, 2026 Reno County Planning Commission meeting to order. Staff, will you please call the role? Nisley here. Strand here. Schaefer here. Selzer here. Mlin here. Martin here. Gson here. Welcome to everyone. We've uh trust you've had a chance to review the packets and in those packets were the minutes from February 19th meeting of the Reno County Planning Commission. Chair will entertain a motion on those minutes. Second move and seconded. Any discussion on the motion? All in favor of approving the minutes say I.

I oppose. Same sign. Minutes are approved. The Kansas Supreme Court has defined a conditional use permit public hearing as a quasi judicial function to ensure the rights of all parties of interest and to provide an opportunity for each party to address the planning commission in an orderly manner. The planning commission will follow the factf finding procedure which is outlined in the handouts in each chair. Your attention to this procedure is appreciated. If a recommendation is made tonight, that recommendation will be based upon the record of information presented by the to the planning commission. The county commissioners will not conduct a separate public hearing or accept additional written documents. The county commissioners will consider written requests for additional public comment or documents based only on valid claims at the public hearing process was incomplete or based on new information which has become available since the public hearing. For purpose of this county commission policy, the public hearing is considered incomplete only if the planning commission failed to follow its procedural guidelines, which resulted in a denial of due process to a party of interest or if the planning commission failed to allow an interested party an opportunity for public comment. For purposes of the county commission policy, new information shall pertain only to gerine information which did not exist at the time of the public hearing or which was unknown or could not have been discovered with reasonable diligence. An example may be a traffic study completed after the planning commission recommendation. Planning Commission recommendation to the to the county commissioners will be acco accompanied by a summary of proceedings before the planning commission at its public hearing along with the report and recommendations of county planner, letters, and formal petitions and other information constituting the record of proceedings provided to the planning commission

before and during the public hearing. If the planning commission makes a recommendation after tonight's public hearing, this case will be presented to the county commissioners at their next available meeting after the protest period expires. Contact planning staff or visit the county website for the county commissioner agenda items. Any party who wishes to require the county commissioners decide this case by supermajority vote may file a protest position petition pursuant to KSA 12-757 at the office of the Reno County clerk 125 West 1st Avenue Hutchinson Kansas within 14 days following the decision by the planning commission. This form is on the Reno County website planning department web page. I'll now formally open the public open the public hearing regarding case number 2026-01. A request by Leroy and Will Mckim, agent JY Construction, Jerry Yoder for a conditional use permit to establish a construction contractor sales office with an attached shop on land zone R1 Rural Residential District. The property is located on the west side of South Yoda Road, approximately 2,200 ft north of the intersection of South Yoda Road and East Red Rock Road.

Have any of the planning commission members had any outside contacts regarding this case? No. Do any of the planning commission members have conflict of interest with this case? No. No. No.

Okay. This time, will the applicant please come to the podium, state your name and address for the record. You have 10 minutes to present your case. Additional time may be allotted to the applicant at the discretion of the chair. Planning commission members may request clarification at the end of your presentation or may have questions. Well, good evening. I am Jerry Yoder, reside at 6515 South Yoda Road, Haven, Kansas, owner of JY Construction. to give you a little bit of background to our business. JY Construction is a construction company that builds full frame buildings, stud garages and barn dominions. And all of our work is done at our client's location. Um, so I'm just going to put it out on the table. One question that you might might come up and I want to address it, touch on it briefly, is where are you operating out of currently? Um, so my office is a home office and from there I do proposals, drafting, material ordering, scheduling and bookkeeping. JY Construction has two employees. One does sales and the other does drawings and material listings and both work from separate homestyle offices. We meet our clients at their site for consolations and we use subcontractors to do the work. It would be really nice to have an office where our clients can actually come to us and I guess that's why I'm here tonight. So, we are seeking approval to build a 30x40 office with an attached 50x 80 shop for JY Construction and as the location was mentioned is approximately 2200 ft north of Red Rock Road on the west side of Yoda Road and is currently owned by Leroy and Will Mine.

We do have a contingency upon county approval purchase agreement with the current owners and the property that we are looking at purchasing consists of 5 acres more or less. There will be a 40ft easement at the south property line to give Leroy access to his field, his a field behind um behind this proposed property. The projected build location on this property is we're projecting to build it on the northern half of the property and that is for two reasons. The first one is if you were to split the property in half, have a north half and a south half just south of that midway point there is a gas line that runs east and west. It runs west to a full coffin seat. It's a distribution gas line and there's a 50ft easement on that gas line. So the center part of the property pretty much has a question to build on. And then if you drive past it, look at it. The south half, if you look at the top area of it or the the slope of the land, it really slopes to the west. It's buildable, but it would take a lot of dirt work to get it suitable to build on. the north half is more ideal to build on. Hence the reason for the location of the building on the north end of the property. Um this office will be used for sales drafting and accounting. There will be one to three employees at this office depending on the day and the time of day. We are not expecting a high volume of daily walk-in clients. However, if that comes, we would welcome it, but we are not expecting it. If we can get if we can get one walk-in a day,

we would be happy. Um, some days might be a handful, other days might be none. So, it's kind of our business. It doesn't flow like a retail business does. The 50x 80 shop will primarily be used to store a couple pieces of equipment. That's if the equipment is not in use on the job or elsewhere like a skid steer or teleandler for example. And also have some racks in there for some leftover lumber that might have been left over from a job from a completed job. We do not stock inventory for retail purposes. We will be working with the county for proper permitting and sizing if approved for the new driveway which would be approximately 300 ft south of the north property line. There is a current driveway at the south end of the property. It's a current field entrance that could be used. Um that is where that 40ft easement lines up with to get Leroy access to his property behind this proposed um location. It would just make our driveway a lot longer to get to the northern end of the property. We would prefer putting in a new driveway. We are requesting a waiver to not do concrete or pavement on the driveway and instead use asphalt millings or mort. That's what I put on my original proposal. um more ideally flint rock which is a hard rock doesn't it's not limestone it doesn't track into a building like asphalt millings do does or limestone and we we would like to use that for the final surface there will be no manufacturing at this location so we are also requesting a waiver on the county required loading space not building any alarms

There will be eight parking spaces in front of the building on on concrete and three parking spaces behind the shop floor for employee parking. Uh we are also requesting a waiver for the additional county required parking spaces for the size of the building. Outside storage, which will consist of a couple trailers, will be to the west or behind the shop. And due to our materials being delivered directly to the job sites, there will be very little material delivered to this location. If and when material does get delivered, it will only be there for a brief transition period. Um, might get dropped there and we take it to the job site the next day. Minimal. I I prefer everything gets delivered to the job site. It's just a lot simpler. And when that does happen, it will be placed inside the building or behind the shop on the concrete. We do not anticipate any material being stacked or or dropped in front of the building. So to wrap it up, I guess our purpose to build an office at this location is to serve the community and offer our presence to whoever travels Yoda Road, but most importantly provide a brick and mortar location for our clients to come to us to talk about jobs. Our goal for the property is for it to be well-maintained and to build a modest yet attractive building. So that is all I have. Any questions?

A question maybe for my own clarification. You talk about postframe building. Educate me. What is a post frame building? Is that same as a as a pole bar? Yeah. Pole bar. It's just a glorified name for a pole bar. Thank you. Pole. When I think of pole as a round like a pole post, what we do is actually a machine made post. So it's square dimensional. So I'd be correct assuming that someday you may buildings that are not pole barn.

We do. We do currently. We do post frame pole barn and we also build stud wall garages more like the residential style and we also do house houses homes uh barn dominiums. Any other questions for the applicant? I have a question.

Uh, well, first of all, thank you for being willing to invest in Reno County, and I wish you the best. Um, you bought five acres, but you're using a very small amount of that. Do you have uh expansion plans or potential use for more of those acres or that's a very good question. Um the reason we're buying five acres there's a story to it. Um, so when I first went, so if you look at the plat map, there's those parcels, there's two two separate parcels, 13 and 9. And I saw that on the plat map and I was like, I wonder if Mr. Time platted that in hopes of maybe offering it for development or something. So I went to him. They know he didn't. That was a county thing with the history of the land. So I asked him, "Would you be willing to sell three acres?" That's how it started. And as time went on, um he thought, "Well, if he rather than sell three acres, he might go through the hoops and see if he can divide it in three lots and sell all three lots." And there's a lot more involved with that on the county level. So, okay, well, if you're going to offer all of it, we're interested in buying all of it. So, it's not that we felt we needed it, the five acres to build on. Um, at this point, we have no further expansion um things in mind. Um, but currently we do not.

Is that clear? That's kind of the story, the history of how it came to pass. Any other questions for the applicant? Thank you, Jerry. Not since we don't have any more questions, we'll hear now from planning staff.

Mark Bonach and county planner. So, uh, Mr. studio I think did a good job of explaining his goals. So I am going to uh skip kind of the background information in my in my report. He has pretty much covered all of that. But um as you can see, you know, and we've talked about from the zoning map, the properties currently zone R1. Any type of business requires a a conditional use. You know, I'll have other pictures here later, but you it looks like it should be just two long parcel. There's actually a parcel, you know, nine and parcel 13. They're separate. And the reason for that is because it's part of the water district and and that's what I put in my report. I tried to explain that you a little bit later. Those two parcels are in the water district. Parcels 8 and 12 are not in the in the water district. And for whatever reason, that's why they it's drawn that way. There is a little bit of a sliver. I I believe the land out here is probably 10 ft 20 ft. Not sure if that is actually, you know, true or not. That's the way it's mapped. Uh, a survey will be done eventually here and that will come out at that point in time on whether he wants to keep that or if he's going to leave it with Mr. Kai, the owner, or not. But, um, that's the two parcels that we're interested in. You heard his reason why he's looking at purchasing the entire five acres. Uh, I'll just give you a little background on that and further explain that, you know, Mr. time approached me about possibly dividing into three. Well, if you want to divide into three, you're going to have to reszone the property first to a zoning district that will allow you to have less than three acres per lot. And then when you divide parcel, then you're going to have to plat it into a a subdivision. And our subdivision regulations would probably insist upon, you know, having a public road serve all those lots. And so rather than go through that process, I think Mr. I just

said I'll just you'll be wanting to sell the whole 5 acres for uh for your proposal there. So setback requirements uh 20 foot from the road right away 10 ft from all other property lines. Uh in the performance standard it does talk about uh commercial retail businesses are permitted to have outside display of product. you'll see that uh contained in my report that he would be limited to 20% of the total of that building if he wants to have any type of display out there. Uh again, parking paving requirements, you you've heard that briefly here. Uh the regulations are going to require 18 parking stalls be be installed. As you heard Mr. Yur say, he's planning on having eight parking stalls out front. There'll be seven right here in front of the sales office and then there'll be one over here and then there's three that are going to be in the back. And these aren't the best images of it, but you do have all of those images in your packet. And I would like to point out this time that uh Mr. Y did provide an updated site plan. The only real update that you need to be aware of with that is the fact that he kind of identified where potential wastewater systems could go. Uh, as you saw in my portions of my report, you know, there were some, uh, concerns that I'll get into later as to, you know, uh, the wastewater system that's going to go in on that property. So, he was trying to articulate where potential systems could go. That's all going to be subject to actually getting out on the property and do it, excuse me, the appropriate uh, soil test here. But um so he's requesting to have the eight out front and the three parking stalls in back. Uh any sign that would be installed, he's indicated right now. If he does put one out there, it'll probably be on the

building. Uh the county does not have any sign code regulations as you know, except if you're going to do something electronic here. Kind of go through some of the pictures right now. I'll take a pause on my my report here. This uh is this is initial drawing here where the office portion of the building is going to be the 30x40 area over here and road is going to be to the bottom of that. North is going to be to the right of the picture. The rest of it is going to be a uh a shop storage area related to his business. Little more blown up drawing. This is going to be where the building is proposed right now to sit on the property. Again, Yoda Road is on the bottom of the of the page here. Over here, you can see the the 40ft easement that he's proposing. That'll be included with the the survey drawing that he he does. Um, again, the two wastewater system will be up on top. The employee parking will be way up in the back up here. As you can see, there's going to be three stalls. He's having three potential employees at any one time be on site. Little bit closer view of that updated site plan. Again, showing the the office building, the parking stalls out front. One additional one doesn't come in too clearly over here. And then the employee parking in the back. Some kind of uh proposed building features. This is what he's proposing maybe it to look like. You'll have the the office portion on on the left side, this the shop building, and this is kind of looking west off of Yoda. So, if you're driving down Yoda Road, this is potentially what the building will look like. Looking from the backside, kind of looking back southeast toward Yoda. This

would be the back side of the building with two large overhead doors. This would be an aerial photography picture of of the area. Again, we're looking at this parcel right here and this parcel right here. The easement will be on the south side of that property. And that easement will serve this field and and this again, we're talking about one large field if you're out there, but it's actually four four separate parcels of ground. That easement would help Mr. time be able to have access to this field or a future purchaser of of that property. Residential house here and then residential house up on the north side. Another um aerial photo. We're looking up at this portion of Yod. This this was put in place just to kind of give you an idea of where the the town or village of Yoda is located versus where uh where we're talking. Again, you here here's Yoda Meadow if you're all familiar with that on the west side. And we're up in here. Actual ground shot of the field taken in June of 2025. You can see the the large tree row that's going to help shield the the house to the north. That's what the property would look like. So So your recommendation tonight needs to be based on the uh factors that are included in in my staff report. I believe this is one again once again another classic example of why we have a conditional use base type of of requirement for commercial uses. If we had to reszone this property to commercial or other types of commercial land uses could go in place may be

pretty difficult to approve something like that since it's in between some residential houses plus it's farm ground. Listening to his presentation and reading his his documentation here. This is mainly going to be an office building with a couple of you pieces of equipment stored inside. You saw no manufacturing being taking place on the property and for the most part no large deliveries of materials being delivered to that site. So it should be relatively, you know, quiet there. Three people are going to be in there doing drafting work and assisting his clients, you know, with uh designs of buildings here. So, uh, I believe that, you know, this is kind of why we put this in place, this type of zoning to help help with these types of proposals here. Uh, this this property will be served by, uh, the public water district and then, like I said before, it'll have a wastewater system in in place. That's to be determined where exactly these uh drawings here is where he would like to have the system until the environmental people get out on site and actually do some soil testing. You know, it's to be determined right now as to where exactly that system will will go. Um, I had comments in in this report where typically we'll approve of a site plan per the drawings that are submitted here, but because of how how narrow this parcel is and where the building is going to be, I did not include that in my my recommendations. And that is in order to provide uh Mr. Yoder and also our environmental crews with flexibility on we don't know what type of system go there. he has an idea of what type of system he wants, but we don't really know exactly until we actually get out there. So, if for some reason the building needs to be shifted to the south or shifted to to the east closer to the road to give more room for the wastewater system, then with my recommendation here, he will have uh

that opportunity to do that versus locking it down to the exact location that is shown on the site plan. The hope is that we'll obviously be able to leave the building in that location and everything will fit and comply with with setback requirements. Probably mentioned here that I I believe that this uh proposal is in conformance with our comprehensive plan for the reasons I stated in my in my staff report. Um I don't know how much you want to get into. Uh I had a pretty long drawn out discussion uh in my report based on landlocking and and these parcels here. Uh I'll just kind of hit the highlights and then I guess if anybody wants any further clarification, you know, I could go deeper into that discussion. But water district was created in 1988. Zoning for this area was created in 1991. And then the county did not require any type of road frontage uh for development until 1994. And so what I was trying to explain in a nutshell in my report is essentially that Mr. Yoda would have the ability to purchase lots 9 and and 13 shown as shown on the map and then if parcel 8 or 12 wanted a permit for a house, they would be a grandfathered in parcel and be able to do that. Now, further divisions of that ground, that's going to be, you know, a concern that will have to be, you know, discussed later on as far as having road frontage for all those other future parcels. But if you wanted a building or a house out there for whatever reason, the regulations would would permit something like that. So, that's what I was essentially trying to say, you know, in my staff reporting explains. I figured there might be some questions by by the board on that. Um, so with that, I conclude that staff is recommending approval of the request

based off of the nine facts that you see listed in my staff report. And then I have also attached again nine nine condition of of approval. That number one would be that the parcel shall be developed as described in the plan of operation. Any lighting of a parking area or a building shall be shielded and directed on the property. Uh no light shall be directed on the adjacent property. Uh no outside storage except in compliance with uh the article on the performance standard article 9104 2. U any display of buildings that he would like to have I I recommended that they be adjacent to or behind the office building so it's not sitting way out close to the road. No manufacturing or construction of buildings shall occur on site without an additional conditional use. So if expansion, you know, is desired out there and that expansion is desired to construct uh buildings on the site, come back for another conditional use permit and we'll review that and see if that's appropriate at that time. Um applicant shall install the eight parking stalls in front of the building and the three additional stalls as is indicated in his his site plan. And then essentially conditions six uh 7,8 are are standard conditions of approval where you got to be in compliance with all Apple, federal, state, and local regulations and in compliance with all public works uh codes, policies and regulations. sent letters to 13 different property owners and nobody responded with any kind of written uh response in favor or against. So with that, I'll conclude my presentation. Stanford, any questions? Mark, I've got a question on the uh on the landlockness.

So it looks like if this goes through the parcel 12 has the potential to be like dual like two parcels land locked in, right? Correct. Are are we setting up a potential problem in the future for this for parcel 12 being landlocked? Yeah. Since the access is would be through a you know if hypothetically those two parcels get sold in the future I think it's essentially one is treated disappears as one one farmfield obviously uh I mean I mean yeah I mean that is a is a concern but

you know you would have this potential easement down here that could serve that I I don't I don't foresee this being developed in in in really in the near future. until at least sewer sewers available and the water lines be extended at that point in time. Um that's something that would have to be looked at and you know if if development would ever occur. I mean right now it's it's strictly farm ground and so um probably no more so than you know anything that's down here right now like parcel six is is landlocked. Sure. Yeah. There's a little uh access easement that serves all of this area down in here, but this this area still has the same concerns as as would be up here as well.

There's a lot of land block parcels in that. Yeah, there is. Everybody's a lot that was created with the with the parcel lines from the from the water district, you know, when they when they generated that for whatever reason back in the in the late 80s. Does one and two go all the way along V road?

I can't answer that. I'm not sure. I don't know if it does or not. Mark, the site plan that I'm looking at here, this one that shows looks like green grass and then rock or asphalt or something all of that surface going to be covered with not going to be covered with

asphalt chains or rock or something. Yeah. Maybe Mr. Yur can speak to that as well, but it's my understanding like right next to the building will be like a concrete service like an apron if you will see like a tan will be like an asphalt milling for the driving surface for the parking area. Referencing on this diagram. Yeah. Tan area basically. Yes. Yeah, that's what I want. Yeah. Yeah. So, that one. Yeah, that'll all be like milling. Okay. You're recommending. Sorry, Harley. Are you done? I didn't mean to interrupt. Pardon? No. Are you you I didn't want to interrupt you. I jumped in there.

No, I'm done. You mentioned Mark Milling and the applicant was talking about Flint Rock. Is there is there a from your standpoint is there is there an issue uh no replacing one? Yeah. Whether it's Flint Rock or Millings I think both maybe I'm misspoke but I I thought we talked at Millings at one time but yeah if it's if it's Flint Rock or if it's Millings it's it's either one's fine. Okay. Just wanted to make sure.

Yeah. Does that exclude other types of gravel? You mentioned limestone which proximity to your home there can get dusty. So are we precluding other types of gravels or

no material? We haven't gotten into the type of surface for the for the driveway or anything, but uh there's nothing mentioned in my report that would say require millings or flint rock or whatever. Any other questions for staff? Thank you, Mark.

If there is anyone in the audience who would like to comment on this case, you may have five minutes to comment. Please come forward to the podium one at a time and state your name and address for the record before commenting. Audience members are only permitted to address the planning commission from the pod from the podium. Audience members are permitted only one time at the podium. In interest of time, if you agree with the comments previously made by audience members, please don't repeat the comments. Simply state you agree with the previous and then request then present new information to the planning commission. Statements and questions should only be directed to the planning commission, not the applicant or staff. The planning commission may choose not answer questions or engage with the public. Questions regarding the application can be asked to the planning commission and answered by the applicant during the rebuttal phase of this public hearing. Are there anyone that would like to comment?

Yeah, I got a question. I'm Ron Nelson. I live directly north of this property. Um, you talked about a small sliver of property, correct? Would that be this right through here? Correct.

Okay. When we bought the place from Glenn Nicely, we bought he had uh 2.7 acres. Well, we wanted to add on to the house. So, we went to him and I said, "Can we have another 15 ft off the back to the west to make it 3 acres?" And he said, "Yes." Now, if it's ever been recorded or not, I know. I've seen some places say we got 3 acres. Some places say we've got 2.7. So if that's what you're talking about, I don't know. Yeah.

Right now it's being identified as belonging to parcel 13. So my answer to your question would probably be it doesn't appear to be. Recorded it. I guess that's my point. Yeah. That something you'd have to look into and check with check with check on your deed and see if it's on there. you know, and or maybe have it surveyed or and that would that would be able to set your property lines if you had it surveyed, right? And you'll be able to know exactly if you have that little sliver of ground or not. Okay. Yeah. We should have it because

he went to these these these maps come from the appraisers office and they maintain that partial layer, but that doesn't mean that there could not have been, you know, some type of error. I mean, it's a very very small strip of ground right there. So, he may have just done it verbally, you know. Yeah. And I guess that's my point, right? So, theoretically, we're supposed to have three acres there. Sure.

Thank you. Does the applicant wish to add any any more information? You want to add any more, Jerry? Add unless maybe one question was directly.

Come on up. Harley, you asked the question on the the area on that drawing, what surface it will be, and Mark did a good job explaining it. I didn't clarify it, but at the building in front of the building, we'll be doing a 24 foot deep concrete, the full length of it for the parking parking spaces for the vehicles. And then on the back side, I forget now. I think it's close to 20 feet of concrete the length of the shop. Um, or approximately close, I'd have to look at the drawing, but then everything else that isn't concrete will be the asphalt millings or the gravel. So, I don't know if that clarifies your question or not, but

well, let me explain why I asked the question. I can't help but think the employees are going to see those nine spots up there right at the building and they don't have to go all the way back there to park. And I just wanted to make sure they had good surface to drive back there if they were supposed to go back there. Yeah, understand. No, that that will all be solid gravel packed down for good good access to the back side of the shop as well. So,

staff, do you have anything additional you'd like? I do not, Mr. Chairman.

Okay. Does the commission have any further questions of the applicant or staff? Seeing none, the public hearing is now closed. Acceptance or denial of of the conditional use permit must be based on the factors that are listed in the staff report and found in the audience chairs. This is this is a time planning commission can discuss the case and ask procedural questions of staff only. Is there any other further discussion by this planning commission? Seeing none, chair will entertain a motion on this case. Mr. Chairman, I move the case number 26-01, the request by Leroy Kim, agent Jerry Yoder, requesting additional use permit from the Reno County zoning regulations to establish a constru construction contractor sales office and equipment storage building land use on two parts of the land zone R1 rural residential district be approved based on the nine factors and nine conditions of approval listed in the staff report and is heard at this public hearing. I further move to approve a waiver from article 10-101 for the number of required parking stalls, article 10-1051 sub one requiring the driveway and parking stalls be paved with asphalt or concrete and article 11-101 requiring the agent to install a loading space all based on the reasons listed in the staff report.

I second the motion. It's been moved and seconded. Is there any discussion on this motion? Seeing none, staff, please call the role. Yes. Yes. Schaer, yes. Seltzer, yes. Mlin, yes. Martin, yes. Yes.

Look forward to seeing it along Yoda Road. Oh, we didn't ask about the contractor. I think he's shady. A well put together presentation. Thank you. Appreciate it.

Okay. I'll remind everyone in in attendance that the requirements that was stated prior to the prior case still stand. I'll now formally open the public hearing regarding case number 2026-02. A request by Lloyd and Arlene Ortgger for a conditional use permit to establish a farm retail store selling products not produced on site on land zone a agricultural district. The property is located on the east side of South Holstead Street approximately 450 ft south of the intersection of South Holstead and Ranger Road. The address of the property is 10610 South Holstead Street. Have any of the planning commission members had any outside contacts regarding this case? No.

Do any of the planning commission members have a conflict of interest in this case? No. Okay. Will the applicant please come to the podium, state your name, address, and for the record. You have 10 minutes to present your case. Additional time may be allotted to the applicant at the discretion of the chair. Planning commission members may request additional clarification at the end of your presentation or have questions.

All right. Good evening. I'm Lloyd Born Trigger and owner of Born Trigger Dairy residing at the 10610 South Hallstead Street. Um the and I do have my wife along with me as well here as well. Um the address for the the proposed store would be the 10604. I don't know if we had that on there, but there is a there is a driveway there already. And so part of part of the thing that we're doing with the new store proposal is getting more of the people through the the new driveway versus our personal driveway. So, we we have a a little farm store on site uh through our personal um driveway and uh this would help us kind of move some of the traffic over from our personal driveway as well. So, uh, we currently have a small store and it, uh, it is smaller than what we prefer and would like to build a bigger one. Uh, we'd like to sell and the reason for this is is for the permitting is for additional items that are not produced on site, which requires a retail uh, type of building. So that's that's the reason for the application. Um the store that we're proposing is uh will be located at the driveway like I said with with about uh Yeah, there we go.

I've got one or not.

Okay. But there's an existing there's existing building right here. And so the corner would be you can see the driveway coming in. The existing building would be taken down. It was an old uh calf building. It would be taken down but the corner of the new proposed store would be about where the corner is here. And then uh 90 ft 50 by 90 is the proposed one. That's about 28 by 36 is what that one would be. So it would it would to the south from where that one is. Um and um yeah, there's there's about this would be parking in here and then there'd be uh the driveway would still be open back to the the red barn there. Um, so kind of what our plan of operation is is having a bigger retail space and then also having uh our freezer and refrigerator inventory in it as well and then also having at the one end the wash pack and kind of processing area. So our our products are mostly focused that we do are are dairy dairy products, eggs, meats, honey. Um and then other things that we'd like to bring in would be from other farms. It would be all farm focused products. uh vegetables, fruits, nuts, meats, other meats that we don't do ourselves, canned items, grains and flowers, bread. So, anything kind of in that line is what what we're planning on doing. So, um

there'll be a restroom in the retail area. That gives you kind of a from a an idea of the store area being kind of in the center and then uh the entrance on the front there where the 8x30 porch is kind of what's proposed there. The the processing pack and wash area and then the rest would be storage and um freezer cooler area walk-in cooler freezer area. Um the parking I think we have 13 there. Uh and then over here on this side could also be added for parking if we if we needed more. Um do have the the waiverss also here for um for the paved uh parking. Also wanting to do like a asphalt millings for that uh rock on rock underneath with millings on the top. Uh loading space requesting a waiver for that too just because of everything's coming in with smaller vehicles. Um not not having any any big trucks coming in for for big deliveries. Um and then the other the other waiver the parking lot or the parking space uh we are it's most most generally it's just come in shop and go. So it's not like they're they're parking for a a long period of time is what our anticipation is. Um let's see what else. restroom in the retail space where the store would be. Um

sign right here, lighted sign there. Uh some there'd be some landscaping on each side of the porch there. Um, yeah, I think that pretty much explains what we what we're wanting to do. Uh, we're on rural water and sewage is um there's a there's a Yeah, if you go over there, there's a lagoon there. Uh, this one's the livestock lagoon from our dairy barn. And that one doesn't have capacity to go into that one. Uh, this one is for this household. And this is the one we talked with Darcy about going into this one for the for the waste. Uh, this one's a little, as you can tell, that one's got a little more water in it than this one. My mom lives here and very minimal use there for that. So, I think that's kind of what I have as far as what we're doing. Any questions? I'll be happy to try to answer.

In your diagram you have here, you show this one area for processing pack and wash. What type of processing are you going to be doing in there? for that. Our dairy uh our dairy processing would mostly be in that and just packaging of any any items that like our cheese or yogurt like more or less our dairy dairy side of of stuff. Okay. Stuff you produce there. So as I'm beginning to understand that your product that you presently sell are kind of on a year round basis. It's not seasonable.

And do you plan in the future to have some seasonable products such as garden items and stuff of that sort? as what it as garden items. Yeah. Mhm. Yeah. Yep. So there'd be there'd be seasonal vegetables through the summer, but there's also like canned goods that would be year round like pickles and different jams and jellies and stuff like that. What would be the source of the those other products you'd be selling?

Mostly from area local farms, gardens, smaller smaller um owners doing their own gardens would be where most of it come from. And are you open seven days a week or five days a week or

anticipated hours are six days a week closed on Sunday? uh right now we're mostly just open in the afternoons from 1 to 6 through the week, but with a bigger area we'd probably want to expand those hours to more like a 8 to 5. And I and I should mention I put on there that uh possibility of having maybe a little couple uh couple of tables seating area there people who want to sit down for a bit and and have some of the products we made. So that would be a possibility. Nothing in stone yet, but yeah. I might have missed this, but what what kind of parking lot surface are you planning?

Uh, that would be the asphalt millings. Is that what you're Okay, it's going to be the milling. Yeah. Okay. At this point, and on the parking, I'm having a hard time seeing how that with those angle uh parking spots as they're drawn, how the traffic's going to flow. If I pull into one of those, how am I going to get out?

Yeah. So, so this is this is all one big area. Uh, so it's not like this this driveway is divided by a parking. So, and this is just access back to the barn. So, it's not like there's a a traffic going back and forth there, but there is the ability to to turn around. So mostly driving in. Yeah. Backing out is is going to be a little bit more of a thing, but figured with the area back here, there'd be enough area to get out.

Any other questions for the applicant? I have one. Go ahead, Mr. Bortre. Could you just maybe briefly explain like the type of state regulations for all this? Just kind of impress upon the board that that you're regulated by the state and all this.

Yeah. So, on on the meat and poultry side, we have an inspector coming every year inspecting that. And then the the dairy side that we do is the is the raw milk thing. And we uh that doesn't require an inspection as far as the the raw milk regulations, but we are they regulate us by only allowing us to sell at the farm in the store. Uh they don't allow us to take it off site and take it to a retail store, farmers market. So that's kind of the the way they regulate that. Um, if there is any other need for more retail licenses that we're not aware of, we're we're happy to to to do that if if need be. So, yeah.

Thank you. You're not looking at doing any kind of food prep or anything like that, correct? Like a cafe or anything like that? That's not the plan at this point to have like a a kitchen serving area is not the plan at this point. But yeah, the meat you're talking about selling that will be processed off site.

Yeah. Yeah. So that gets done at a USDA facility and brought back. Yeah. The meat the meat inspector kind of makes sure that's all that's all done to specs. Any other questions for the applicant? Thanks. We'll hear staff report. I want to first start off by putting on the record, you may have seen it in my report, that uh the legal notice and and property owner nurse contain the uh wrong township number. Uh what was published was Township 22 South. I don't know if you had seen that in my report. The actual correct number is Township 24 South, but all the other information was correct. you know, the owner's name, the address, the parcel ID number what he was proposing was all correct. It was just the wrong township number and I did not catch that until after it got published and it was too late to send a correction to the paper. And so I just wanted to put on record that uh I regret that error and it's it's should not invalidate this hearing by by any means. I was only off by like 12 miles, I guess. So I apologize for that. Uh yeah, I did not catch that. But uh as you heard uh this was a request to expand an existing farm store. As you see in my report here, when you produce products on site, you do not require a um excuse me, you do not require the conditional use permit. But the minute that you want to bring in offsite products or have other merchandise for

sale, which would be coats, keychains, hats, whatever, then that requires a conditional use permit. And so my legal notice also identified that he's going to be selling products on his um that he produces on-site as well as off-site products. So it just encompasses everything. So it leaves exactly no no question of what's going to be taking place on the property. But we're looking uh on South Hallstead Street. So just a little bit south and west of where we discussed with the other case here. Uh on the west side of H Hallstead Street is the Hav Air Base area. if you've been down, you know, in that area. So, uh, this again is the site plan as you, if you didn't know, Holstead Street here, parking here and store going to be over on there, and it's going to be a new construction. And as you, as you heard in his report, he's going to be tearing down an existing building to uh, be able to construct this brand new store. This is something that's in your u in your packet. didn't show up too good, you know, on site, but what it's trying to detect is the different uh lagoons that he has on the property and the location of the new store and I've got some other aerial photography that will show show this up better. Again, as he mentioned, his KDG livestock goon is located on the north side, you know, of that existing driveway and then the other house lagoons are are closer on the south side down here. I I did not include this in your in your packet, but I I wanted to kind of just briefly touch on it based uh that you've heard mention in his testimony and and everything a little bit that this is a survey that he had done back in 2022 for uh the Rev Barn. So, currently he has a an Airbnb or another u place that he could rent. It's right up here. And so in order to comply with with zoning

regulations, he had to split that off into a separate 6 and 12 acre piece of ground. So that's what that survey is. And what I'm trying just to make the board aware of is that there are exactly partial lines here. Now those parcel lines don't show up on the appraisers map here because he owns the property. You see it's still, you know, one big 3840 acre piece of ground, but there are actually a separate parcel there with with that red barn that's out there that he rents. So, I just want to make you aware of that and the fact that, you know, the barn that he's going to tear down and rebuild, it'll still be in compliance with our setback requirements even though we've got a 6.7 acre parcel of ground that's sitting right there. So the so the bar of is here. The parcel comes down and around and goes up there. So it's the storage is going to be sitting in front of that parcel. So it it'll be okay cuz I've already verified all that. Um again existing bar and this this will be torn down and rebuilt. That's where the store will sit. They will use that driveway. there's there's not a lot of room, you know, rev that lagoon, you know, but he can have some overflow parking there if if necessary. Like I mentioned in my report, the the better location might be further on on back here, either behind the store or on the east side of of that lagoon. But, um, regulations again require 23 parking spaces. Um, if you just figure in the retail area of of that, it requires eight parking spaces. And then Mr. Borner is requiring uh is going to install 11 spaces. And so he's kind of in the middle, you know, of both. Uh you've heard discussion again about the waiverss from parking and paving and

also the the loading space. So he's included that in his request for this. He does have one proposal for a sign that was shown on his one site plan right here. He's going to have a sign that's going to be lit right right near the the road right away. And I've had discussions in my staff report that said he's going to have it lit. Then he just needs to make sure that light doesn't shine onto the road and potentially affect people driving uh north or south on on Hallstead Street here. This is kind of a a broader picture showing here's the sewer district lagoons if you're wondering what that that is. This is the habit area on on the west side of the road and then his farm is on the on the east side right up here. This is this is not a house. It's just a barn. Okay. So there's no houses near or across the street from him. existing picture taken um few years ago here. That's the existing barn that's going to be removed. You see the driveway that goes in. You can see or here's the lagoon, the KD lagoon. So, there's not terribly amount of parking spaces here, but he could use that for some overflow parking if it does get busy during certain times of the of the day. Next picture I have is just that that's what is directly across the street. So you can see there's no no houses or anything across the street from so and then so then again uh your decision must be based off of the factors that I have outlined in in my report here. Um I probably don't have anything else to add

that I haven't already laid out in writing. So, um, I would stand for questions and say that staff is recommending approval based off of the 10 conditions, uh, 10 factors, excuse me. And then I have seven, um, conditions of approval here, talking about again lighting and construction again and displays of food and and merchandise on the property. Nobody contacted me. Nobody responded with any kind of uh items in writing. So with that, I'll conclude.

Uh Mark, it appears there are what, two homes on the property. Yes. Plus the red barn. Yes. Which now I think he indicated that the lagoon he wants to use is the one that's used by the smaller house. I think he said his mother lives in. Correct. So, what services the other two, the main house and then the red barn? Those go into the livestock lagoon or also and I'm sure Mr. Border will correct me if I'm wrong. Um, his house and the and the operation are served by the KDH Lagoon. Correct. Get that right. Yeah.

Uh, so his house here, his mother's here, mother is served by this lagoon right here. And then that's the reason why we had to kind of split off the red barn. So the red barn is up here that he rents out and then lagoon is at the top of the screen. Okay. So that that lagoon serves this. He checked into it with KD to be able to utilize this lagoon obviously for for his operation because the fact it's right across the driveway.

KDH said no to that. Then the next option was to push the the waste down to that lagoon and he's been extensively talking to myself and Darcy and we've been in communication with Mr. Britain here and so uh environmental does not have a concern about using that lagoon for for the operations of the farm. So we built product where what the other I'm sure the other facilities there have refreshing or water where they were at where's it going. Yeah. Which one did what?

Yeah. What goes where to you know pipe it down to there but he's aware of that. It been nice if we could have used that but you know that's not our lagoon that's not a county lagoon that's KD. So, he's he's looked into that, but yeah, he's we've had many conversations over the last 6 months or so on on his proposal. Any other questions for staff? Thank you, Mark. Thank you.

If there's anyone in the audience who would like to comment on this case, you may have five minutes to comment. Please come forward to the podium one at a time. State your name and address for the record before commenting. Audience members are only per permitted one time permitted to address the planning commission from the podium. Audience members are permitted only one time at the podium. In the interest of time, if you agree with the comments previously made by the audience members, please don't repeat the comments. Simply state you agree with the previous comments and then present new information to the commission. Statements and questions should only be directed to the planning commission, not the applicant or staff. The planning commission may choose not to answer questions or engage with the public. Questions regarding the application can be asked to the planning commission and answered by the applicant during the rebuttal phase of this public hearing. There anyone that would like to make a comment here? You just want to say something? No, you don't have good. The applicant, do you have any additional information you'd like to give?

Okay. Staff, do you have any additional information? I have nothing, Mr. Chairman. Okay. Seeing none, I I will now close the public hearing. Acceptance or denial of the reszone or conditional use permit must be based on the factors that are listed in the staff report and found in the audience chairs. So the time this is the time for the planning commission to conduct discuss the case and ask procedural questions of staff only.

Any discussion? Any questions? I just want to say real quick, I've I've both of the cases tonight, I've really appreciated the thoroughess of the applications and the work done by staff. I know from my perspective, it's made this job a lot easier and doing the work ahead of time instead of some other situations we've had in the past where we've had to vet it out on the fly. Yes. Yes. Yes. I just Yeah. I've been very appreciative of it. It's

It's been nice. I would agree with your your comments very much. So, is there any further further discussion? Not the chair will entertain a motion.

Mr. Chairman, I move that case number 2026-02, the request by Lloyd Bourneger requesting a conditional use permit from the Reno County zoning regulations to establish a farm retail store on a parcel of land zone AG Agricultural District be approved based on the 10 factors and seven conditions of approval listed in the staff report and as heard at this public hearing. I further move to approve a waiver from article 10-101 for the number of required parking stalls, article 10-1051 requiring the driveway and parking stalls to be paved with asphalt or concrete and article 11-101 requiring the owner to install a loading space. All based on the reasons listed in the staff report and as heard at this public hearing. I'll second the motion.

Move and second. Is there any any discussion concerning the motion? If none staff, please call the role. Nley, yes. Grant, yes. Schaefer, yes. Zeltzer, yes. Mlin, yes. Martin, yes. And Gson, yes. Go for it. All right. Next item is other business. Mark, do you have anything?

Just one quick thing. Um, on your your chair, I provided you some u pamphlets here of a presentation that Don and I and I and Jack was there and I apologize if somebody else was there and they didn't um I didn't see you here. It's just contains some information on on um data centers. So, just for your information to to read, I thought the board might be interesting. It's kind of a a topic that's getting more and more attention. So, I thought the board would like to look at that at your leisure. That's all I have. Have anything none? Well, I guess we'll ask you to tell we don't have any cases for for April. No planning commission cases. We do have a board of zoning appeal case coming up for April. So, okay. Um, yeah, no planning commission unless uh we have a reason to meet. If I can get some regulation proposals written in that time frame or so, then we might meet meet on that topic. But as far as public hearings go, we have no no public hearings for the planning commission next month.

Okay, we're good. Appreciate it. Chair will entertain a motion to adjurnn. Obey. Thank you. All in favor of journ say I. I. Same sign.