Planning commission recommends 1-year special-use permit for RJ Farm fairgrounds

The Leavenworth County Planning Commission voted 5-1 at its meeting to recommend approval of a special-use permit for RJ Farm (case DEV24-125), a request to operate fairgrounds and outdoor events on a parcel on Cantrell Road. The commission limited its recommendation to one year and forwarded the case to the Leavenworth County Board of County Commissioners for final consideration in January 2025.

Staff said the application sought authorization for up to 15 public events a year, with a maximum of 300 attendees per event, vendor areas, vendor toilets, and on-site parking and traffic control. Planning staff recommended approval with conditions including a five-year permit classification in staff analysis, but the commission voted to recommend a one-year permit as a trial period citing the parcel's enforcement history.

Planning staff summarized the proposal as a fairground use under the county zoning table, located on Cantrell Road. The application narrative limited public events to daytime/evening slots (staff noted event hours of 12 p.m. to 11 p.m.), required portable toilets, prohibited on-site alcohol sales per the narrative, and proposed parking to accommodate attendees and commercial vehicles. Staff said the site includes an existing barn and an arena; the applicant obtained a floodplain permit for a stage located in a floodplain. Staff also noted the proposal had been reduced from an earlier request of up to 52 events a year to 15 events after applicant revisions.

Applicants and supporters told the commission the site hosts longstanding cultural rodeo events. Joe Herring, a surveyor representing the applicants, said, "Private events are private," distinguishing family-only gatherings from the paid, public events the SUP would regulate. Applicant Aurelio Haro described the activities as cultural rodeos and community gatherings: "we've been doing this since I was 14," he said, and said the events focus on families and children. Co-applicant Norma Brockenberry told commissioners the events were "mostly for family events" and said applicants were willing to meet staff conditions.

Opponents, who live near the site, urged caution. Neighbors said they had repeatedly complained to county authorities and alleged unpermitted, larger-scale events and alcohol sales at times; they said they had documentation and photographs that were not submitted in the meeting packet. In response, county counsel/staff (Misty) urged the panel to confine its decision to land-use evidence presented at the hearing: "This is a land use matter. We can't go off of allegations," she said, noting enforcement and potential revocation would require documented violations and follow due process.

Commission discussion focused on the property's compliance history and enforceability of conditions. Commissioners and staff discussed how code enforcement and the county attorney would handle any verified violations, including the potential to seek revocation through the courts. Several commissioners said a one-year permit would allow the county to test compliance and provide a record for future decisions. The motion that carried recommended approval to the Board of County Commissioners for a one-year special-use permit; the planning commission recorded a 5-1 vote and set the item for BOCC consideration no earlier than January 2025.

The BOCC will take the final action; the planning commission's recommendation is advisory. If approved, the permit would restrict public events to those described in the applicant's narrative and the staff-recommended conditions. The record and staff report list conditions and monitoring measures including a 60-decibel noise limit at the property line, parking and traffic-control requirements, restrictions on amplified music, and adherence to the submitted narrative (which states no alcohol sales on site).