Planning commission recommends 1‑year SUP for RJ Farm outdoor events; adds conditions on noise, legal compliance and vet availability

The Leavenworth County Planning Commission voted 8–0 to recommend approval of a special use permit (case DEV‑24‑125) for RJ Farm to host outdoor events, including rodeos and rented event days, subject to a one‑year permit and specific conditions addressing noise, legal compliance regarding animal treatment, and veterinarian availability for rodeo events.

Why it matters: The application rekindled a months‑long dispute between neighbors, the Humane Society and the applicant over past non‑permitted events, noise, on‑site animal handling, and enforcement. The Board of County Commissioners had asked the planning commission to reconsider the application with several additional considerations — including on‑site security, whether licensed alcohol vendors should be required if alcohol is sold, compliance with Kansas laws relevant to animal treatment (including prohibitions that the staff identified as consistent with K.S.A. 21‑6412), verification of out‑of‑state animal health documentation, bleacher safety, and whether a licensed veterinarian should be required on‑site or available for events.

Hearing and testimony: Planning staff reopened the public hearing after the BOCC requested more information. Staff read the additional considerations asked by the BOCC and reminded the commission that these were to be considered during the public hearing but were not directives to add conditions. The applicant, represented by attorney Gary Nelson and owner Aurelio Farrokhin, said RJ Farm has run events for years, has used private security at events, and is working toward Kansas agritourism registration. Nelson said he had not located criminal complaints tied to the events over roughly two decades; he described prior staffing of security during events and the applicant’s intent to comply with applicable law. Farrokhin and co‑owner Norma Brockenberry said the family runs the events and denied the practice of horse tripping or intentional animal abuse, calling some opposition allegations inaccurate and raising concerns that objections were motivated by bias.

Opposition and expert comment: Several neighbors and local animal‑welfare advocates spoke in opposition. Dr. Joan Murnan, a large‑animal veterinarian, told the commission she had been an on‑site veterinarian for a professional rodeo association and said certain Mexican‑rodeo practices such as roping that interfere with a horse’s forward travel meet the statutory definition of cruelty in some circumstances; she cited the animal‑cruelty statute and industry standards. The Leavenworth County Humane Society submitted written materials. Neighbors documented past non‑permitted events, loud sound systems and parking along roads.

Commission discussion and staff recommendation: Commissioners spent extended time reviewing the BOCC’s requested considerations. Staff noted the SUP already includes a requirement to comply with all local, state and federal laws (staff condition 22) and recommended retaining that language. Commissioners discussed noise limits, amplification and enforcement. Staff explained the county’s code‑enforcement function is primarily complaint‑driven and that reserve rights to inspect were included in staff conditions; commissioners said they would ask BOCC/administration to consider departmental compliance resources. On amplifiers: the applicant asked the commission to remove a line that would have prohibited use of amplifiers; commissioners agreed to instead keep a numeric noise limit that cements the 60‑decibel cap at the property line as the enforceable standard.

Vote and conditions: The commission voted to recommend approval (8–0) with the following notable adjustments to staff’s draft conditions: (1) preserve a numeric noise cap (60 dB at the property line) rather than a blanket prohibition on amplifiers; (2) explicitly reiterate that the SUP requires compliance with applicable state law on animal treatment (the transcript cites the Kansas cruelty statute and staff read its relevant language during the hearing); (3) require that the applicant be able to provide, on request, evidence that a licensed veterinarian is on call for rodeo events (staff and commissioners discussed that a continuous on‑site vet would be costly and that an “on‑call” arrangement was more practicable); and (4) limit the SUP term to one year so the commission and public can evaluate compliance before any longer authorization is granted. The commission left in place the other standard staff conditions and the requirement that the permittee comply with county codes. The full package of conditions was transmitted to the Board of County Commissioners with the planning commission’s recommendation.

What remains: The planning commission’s approval is a recommendation; the Board of County Commissioners will consider the SUP at a future BOCC meeting (the transcript notes a BOCC docket date no earlier than April 2025). Commissioners and members of the public emphasized the need for an enforceable compliance pathway if events proceed: staff confirmed code enforcement is complaint‑driven and that spot checks are possible but depend on staffing and BOCC direction. Opponents urged that any future violations of state criminal statutes be investigated by law enforcement and would provide grounds to rescind any permit.

Quotations from the hearing: "We don't trip horses," applicant Aurelio Farrokhin told the commission in public testimony. "I was the on‑site veterinarian for the Southeastern Rodeo Association for seven years," Dr. Joan Murnan said during her testimony, describing animal‑welfare standards she views as relevant to rodeos.

Next steps: The planning commission transmitted its one‑year SUP recommendation and the amended conditions to the Board of County Commissioners for final action.