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

The Leavenworth County Planning Commission voted 5–1 on Thursday to recommend that the Board of County Commissioners approve a special-use permit (SUP) for RJ Farm allowing fairground-type outdoor events on a parcel on Cantrell Road, with the planning commission limiting the recommendation to one year for review.

The planning staff told the commission the SUP application seeks authorization for up to 15 public events per calendar year, with a maximum of 300 attendees per event and event hours from 12 p.m. to 11 p.m. "They are requesting this for 15 events in a calendar year," planning staff summarized during the hearing. Staff recommended approval with conditions, and suggested a five-year term under the county's tier system for SUPs; commissioners instead voted to recommend a one-year term.

The decision follows weeks of review and public comment. The applicant, represented at the hearing by surveyor Joe Herring, said the permanent SUP follows a temporary SUP issued this summer and stressed that private family gatherings are not subject to the permit. "Private events are private," Herring said while explaining the difference between private family events and the paid public events the SUP would regulate.

Applicants and supporters described the activities as traditional rodeos and family-oriented cultural events. Applicant co-owner Aurelio Haro told the commission the gatherings preserve a multigenerational Mexican rodeo tradition: "We've been having the Mexican tradition ... that's what we're trying to do and and to encourage our our, our Mexican rodeos, our Mexican tradition," Haro said.

Opponents told the commission they have a long history of complaints about events at the site and alleged that events have at times exceeded the claimed activities or sold alcohol contrary to what the applicant's narrative states. Residents Julie and David Downs said they hired a compliance firm and produced photographs and advertisements they said show events advertised broadly and alcohol sales. "They're selling alcohol," one opponent said during public comment.

Planning staff and the county attorney urged the commission to treat the matter as a land-use decision based on the zoning criteria and evidence in the record. County legal counsel acknowledged a history of code cases related to events at the parcel but said decisions should not be made on unproven allegations: "This is a land use matter. We can't go off of allegations," counsel reminded the commission.

Key conditions discussed in the hearing and included in the staff report were: - Limit of 15 public events in a calendar year and maximum attendance of 300 per event. - Hours of operation for public events from 12:00 p.m. to 11:00 p.m. (setup/tear-down outside those hours permitted). - Parking shown on the site plan (staff noted 400 spaces were listed to accommodate vehicles, commercial vehicles and contestants, but the attendee limit remains 300). - A 60-decibel noise limit measured at the property line; enforcement would be complaint-driven with measurements taken before and during events as needed. - No sale of alcohol on site as stated in the applicant's narrative (the narrative is made a condition in the staff report). - Vendors to use third-party portable toilets and keep them sanitary; the applicant has obtained a floodplain permit for an existing stage on the property. - Staff recommended that the SUP be classified as a "Type 3" under the county's tiering and suggested a five-year term; the commission recommended one year.

During debate commissioners weighed the parcel's history of complaints against the applicant's promise to follow the narrative and staff conditions. Several commissioners argued a one-year approval would give neighbors, the sheriff's office and county staff time to assess compliance before a longer term is considered. One commissioner said he would support a longer term after a year of demonstrated compliance; another said a longer permit could be revoked but that revocation involves due process and can be legally slow.

The commission's formal motion found the application met the county's required criteria for an SUP and recommended approval to the Board of County Commissioners with a one-year time limit. The roll-call recommendation vote was 5 in favor, 1 opposed. The planning commission's recommendation will be considered by the Board of County Commissioners no earlier than January 2025 at 9 a.m. at the Leavenworth County Courthouse. Kansas law allows a protest petition to be filed within 14 calendar days after the public hearing if parties wish to contest the planning commission's recommendation.

Notes on next steps: the planning commission's action is a recommendation; the Board of County Commissioners will make the final decision. Staff and counsel said enforcement of SUP conditions would proceed through code enforcement and court if violations are documented and proven.