Dickinson County planning commission tables conditional-use request for rural retail at intersection of 3500 Avenue and Jeep Road

The Dickinson County Planning Commission on Oct. 16 tabled for 90 days a conditional-use permit request from Aiden Miller to allow a small retail shop and related structures at the northeast corner of Jeep Road and 3500 Avenue.

The commission’s decision followed staff findings that the roughly 84-acre parcel is in an agricultural (AG-80) area; that Kansas Department of Health and Environment (KDHE) has identified environmental violations on the property; and that Cheever Township and county road and bridge staff raised concerns about additional traffic and a needed amendment to the township road‑maintenance agreement.

Tim (Zoning Administrator) reviewed the application for “CUP 25‑04,” telling the commission the applicant proposed a 30-by-40-foot shop with a 20-by-30-foot storage extension and that the parcel is “within an area designated as best for agricultural activity” but would require several conditions before any building permit or business activity could occur. Tim said staff recommended no building permit or business operations until KDHE violations were resolved and the township approved an amended road‑maintenance agreement. He also noted the parcel’s address must be corrected to comply with the county’s 9‑1‑1 addressing system.

Residents and township officials urged caution. Chantelle Devingham, a nearby resident, said recent traffic from new homesteads and farm-related businesses has severely damaged local dirt roads and is increasing maintenance costs for the township. “My issue isn’t really what they’re selling. My issue is the increased traffic because the roads are already being torn up,” she said.

Howard Engel, a member of the township board, described an existing township practice of requiring new residents who build on previously unrocked roads to pay for base rock for a limited period and said the township now requires a five‑year rock obligation for business uses. “When somebody builds on a road that has not previously been rocked, we have them pay for rock for two years… If it’s a business, that obligation increases,” Engel said.

Other public commenters raised questions about septic and food‑handling permits for retail produce or prepackaged foods. Tim said KDHE and county environmental services would enforce state requirements for any food handling and that some sales (prepackaged goods) would be permitted while on-site food processing likely would not be allowed without further permits.

Commission discussion emphasized unresolved environmental and infrastructure issues and concerns about the completeness of the submitted site plan. One commissioner said the plan “is not an acceptable site plan” and another commissioner noted that several structures previously built on the parcel had later been permitted retroactively, complicating enforcement and oversight.

Facing those unresolved items, a motion to deny the CUP failed to carry. The commission then voted to table the request for 90 days to allow the applicant and staff time to resolve outstanding KDHE issues, secure an amended township road‑maintenance agreement acceptable to the township and county, and provide a clarified, scaled site plan and any corrected addressing information. The commission requested monthly updates from staff while the item is pending.

Aiden Miller, the applicant, said the proposed shop would be modest and community‑oriented: “If I get more than five customers a day, it’ll be good,” he told the commission when asked about anticipated traffic.

The planning commission’s recommendation and any conditions will be forwarded to the Dickinson County Commission after the 14‑day appeal period, as required by county procedure.