On the agenda: meeting — data center (Apr 27)

Jefferson County Planning & Zoning
Oskaloosa, Kansas
UNOFFICIAL
UNOFFICIAL MINUTES OF THE JEFFERSON COUNTY PLANNING COMMISSION
Hybrid Zoom/In Person Meeting
Meeting on March 23rd, 2026
Item 1.

Call to Order

Chair Asher called the meeting to order.
Item 2.

Roll Call
Tiffany
Asher
Chair
PRESENT

Item 3.

Karin
Hosler
Vice Chair
PRESENT

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

PRESENT

PRESENT

PRESENT

PRESENT

PRESENT

Approval of the Agenda

Commissioner Meier moved to accept the agenda as presented and Vice Chair Hosler seconded.
Tiffany
Asher
Chair

Karin
Hosler
Vice Chair

DNV
AYE
Motion to Approve 6-0
Item 4.

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

AYE

AYE

AYE

AYE

AYE

Approval of Feb. 23rd, 2026, meeting minutes.

Vice Chair Hosler moved to accept the minutes, and Commissioner Meier seconded.
Tiffany
Asher
Chair

Karin
Hosler
Vice Chair

DNV
AYE
Motion to Approve 6-0
Item 5.

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

AYE

AYE

AYE

AYE

AYE

Public Hearing

Chair Asher explained the Commission meeting procedures to the public and opened the public hearing.
Chair Asher asked if any Commissioners currently have any ex-parte communication with the applicants or any conflict
of interest towards this case that would exclude them from giving a vote this evening.
Commissioner Meier recused himself from the first case, CU2026-01.

March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Commissioner Meier: Yes, I do.
Chair Asher: Okay, Shyler.
Commissioner Meier: So, I don't have any ex parte or any conflicts, but I'm going to recuse myself from the first case due
to the fact that it's pretty close to my same like business that I own.
Chair Asher: Okay, so for the first hearing, for everyone in the public, Shyler will recuse himself, meaning he has no input
on this case whatsoever as a member of the Commission, so he cannot vote. He could comment as a member of the public
if he wanted, but I'm not sure that's what he's going to do, but I just want everyone to be clear on that. So, would we like to
start with first item?
Commissioner Meier left his Planning Commission chair and took a seat in the audience.
CU2026-01 - A request by Stranger Creek Properties, LLC/ Albert Miller as applicant and property owner to
consider a Conditional Use Permit application for a boat and RV storage facility on Lot 1 of the Re-Plat
Whippoorwill Ridge Subdivision, located at 11096 43rd St., Perry, KS
During this time, staff asked who was here for the first case. The applicant Albert Miller/ Stranger Creek Properties,
LLC was present.
Chair Asher: Okay, sorry, we're going to backtrack a little bit. We have new commissioners so that everyone can kind of
meet. Alex Noll, new commissioner…..
Stephan Metzger (Staff): ….who has been on before. He was on from 2012 to 2016. And then Andrea Weishaubt. Her first
meeting was last month. She was approved that day and then came here that night. So, I'm sure that was a whirlwind for
her. She owns Atlas Consulting out of Leavenworth.
Chair Asher: I don't know if either one of you want to add anything to it, but what do you do Alex?
Commissioner Noll: I farm. We farm about 4000 acres in Jefferson County. Three other counties as well, but mainly
Jefferson County.
Chair Asher: Perfect. Well, welcome, and if you have any questions on like the process, but since you've been here before
and Andrea, you go to these meetings. So, I think we'll be fine.
Stephan Metzger (Staff): Okay, so the first case tonight is for a conditional use permit to operate a boat and RV storage
facility on a portion of Lot One, Whippoorwill Ridge Subdivision, the facility would include two roughly 8000 square foot
fully enclosed structures with 28 total stalls along the west end of the property. The applicant is proposing a gravel driving
area and a security gate, and they are not proposing any outdoor lighting or outdoor storage of boats or RVs. The tract is
currently zoned Suburban Residential, which permits single family housing on parcels between one acre and 9.99 acres.
That's why he's got to do a conditional use permit, as this zoning district is very strict. It really only allows single family
housing, anything that isn't single family housing requires them to go through this permit process. Boat and RV storage is
listed as a conditional use in our regulations, but there are no additional performance standards included in those regulations.
However, because of Lake Perry, the County has a lot of experience with boat and RV storage facilities, and the Planning
Commission has included the following conditions to most conditional use permits for boat and RV storage.
1. Screening of the storage facility from the view of traffic or dwellings within 500 feet.
2. Fencing for security purposes.
3. Downward facing security lighting.
4. Requirements to obtain building permits for future phasing.
The tract has an existing single family dwelling and a small agricultural structure that would be removed as part of this
request. The structure with the house will still be there. There's a line of trees along the west and south property lines. There's
also a significant stand of trees in the eastern third, which is also the start of a pretty significant ridge on that eastern third.

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The tract does not have direct frontage onto 43rd Street and is instead accessed by a series of easements that have been filed
since 1995 most recently in 2019 and those were included in your packet. We have paper copies if you want them.
Article 30-105 lists 10 factors that the Planning Commission may use as a guide for determining the suitability of a request.
I will go through those factors real quick.
1. The request’s consistency with the intent and purpose of these regulations. So, the intent and purpose of the
conditional use permit regulations is basically, if it's not single family or, AG, you got to get a conditional use
permit. So, in that respect, the individual is going through that, going through the intent and purpose of those
conditional use permits.
2. Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood. So,
this area has a mixture of uses. There are a lot of residences within, say, a half mile or a mile, but because of the
location of the marina just down the road, there are also a lot of lake related uses in the area. So, there is a mixture
of uses between single family and sort of lake commercial or lake uses. And in fact, so down the way, there's a
restaurant in the marina. To the south, there are a couple of storage facilities, boats and RV storage facilities and a
convenience store. And to the north, there is one additional boat and RV storage facility.
3. Whether the proposed use places an undue burden on the existing transportation infrastructure and the service
facilities in the area and service facilities in the area affected, and if so whether such additional transportation and
service facilities can be provided. So, 43rd Street is paved in front of this request. Ferguson road is obviously paved.
Just past this request, the road stops becoming 43rd Street and becomes a Corp Road called Perry Park Drive the
Corp maintains that. So, the County maintains about to 46th Street, I think that's what that is, and then from then
on, it becomes a Corp Road. And this type of use because of the marina down the way, and the relative smallness
of this facility relative to some of the other ones, there's not anticipated traffic concerns as part of this. There is a
ton of boat and RV usage of 43rd Street today. And I think, like we talked about in other cases, traffic is sometimes
like a stream, like a river. This 43rd Street is already a pretty big river, handling a lot of water. So, adding, this is
really like adding a little creek to that big river. It's not changing the overall flow of that through 43rd Street.
4. Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area
affected. There aren't really any changing conditions in this area, as I note in the staff report, because of the
proximity of the lake, because the proximity of the marina, there's always going to be some pressure to put in
complementary uses to those uses. So, it's not that there have been changing conditions, is there are conditions that
have always kind of existed, or not always, existed for the last 70 years in this area.
5. Length of time the property has remained vacant. It is not vacant.
6. Whether or not the applicant's property is suitable for the proposed use. The applicant's property is currently
zoned SR, and there is an existing single family home, and the tract remains suitable for that use.
7. Whether the proposed use, if it complies with all the conditions upon which approval is made contingent, will
not adversely affect the property in the area affected, it is unlikely that the proposed use will adversely affect the
property in the area so long as the request complies with any conditions placed upon it. So that is to say, approving
this use without conditions may create issues with the surrounding area. But in view of staff, if it complies with the
proposed conditions, there should be limited to no impact on the surrounding neighborhoods. There are three boats
RV storage facilities within one mile of the proposed use, and the existing marina to the west has year round outdoor
storage of boats, trailers, and other related objects. This request, by contrast, is not proposing any outdoor storage
of boats or RVs. It's all internal.
8. Relative gain to the public, health, safety, and general welfare, and whether or not that outweighs the hardship
imposed upon the applicant, as is often the case with these. There's likely limited gain to the public as a result of
denying this request. The tracts proximity to the marina and other boat and RVs facilities means that the area already
experiences the impacts of boat and RV traffic during the spring, summer, and fall months. Likewise, there's limited
hardship imposed upon the landowner. The landowner would of course lose the opportunity to generate income
from the boat and RV facility, but of course, they still have the single family home and the acreage attached to it.
9. Conformance to the Comp Plan. So, one of the goals of the current Comprehensive Plan, not the one we're pretty
much done with, is to proactively support economic development at Lake Perry. Whether this request would appear
to further that particular goal. There are, of course, listed policies, and this doesn't, you know, there isn't one policy
that this fits perfectly into, but it does meet the overall goal of that in the Comp Plan. In the new Comp Plan, just
for reference, this would likely meet the requirements for two different zoning districts. Lake commercial, because
of its proximity to the marina, as well as neighborhood commercial, because this is an area that would be considered
a development area because of the amount of housing that's in the area. So, in that case, what we would do,
whichever district scores the highest, that's probably the one that we would recommend, or something like that.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
The development plan meets the technical requirements of the regulations. Staff would like to point out two deviations that
would require Planning Commission approval. The first is that the proposed access drive and area between the two storage
buildings are proposed to be gravel. Article 18-105 states that all off street parking and access drives are required to be
paved. If the adjoining road is paved, since 43rd Street is paved, all the internal stuff would also have to be paved. We have
looked before, this has come up before, and we have never found an instance where Planning Commission has not granted
this exception. We have, as far as we can tell, always allowed them to do gravel, even if they're on a paved road. The second
is that they are proposing a 12 square foot sign. The SR regulations limit signs to only eight square feet, so that is noted on
their development plan. Planning Commission would have to approve that as part of the development plan.
Finally, Staff recommends approval of the conditional use permit with the following conditions, the ones that are typical
for every boat and RV storage:
1.That screening, either living or artificial, shall be erected in a manner that obscures the storage area from view of
traffic and residences within 500 feet, there already is a significant amount of foliage on this property and natural
terrain that screens it pretty well. But if Planning Commission felt like there needed to be additional, they would
just need to point that out.
2. The property shall be fenced for security purposes.
3. All outdoor lighting on the property should be downward facing and fully shielded.
4. No outdoor storage of materials. That is not one we typically do, but because the applicant is requesting to only
do indoor storage, we feel like it should be a condition of the use permit that you can't then later do outdoor storage
of boat and RV.
5. That the Community Development Office shall be notified prior to the start of any phase.
6. Any necessary building permits for each commercial structure shown on the development plan shall be obtained
prior to the start of construction.
7. Any commercial structures not shown on the development plan shall require a development plan amendment.
That's all I got on this. I am happy to answer any questions.
Chair Asher: Okay, first in one of the comments online, it says Rural Water District 2 has a water line running through the
property. Do we know if that's true or not?
Stephan Metzger (Staff): So, we looked at all the plats surrounding it. We have the easement. There is an easement on the
property, and it says 15 feet as laid. So, there are a ton of water districts in the County. There are a ton of those easements
around. Not all of them have actual infrastructure there. We tried calling Rural Water District 2, we were not able to get a
hold of anybody.
Daniel Foltz – 11091 46th St.: I belong to the water district board.
Chair Asher: Okay, so we will ask you when we're done here.
Stephan Metzger (Staff): So, we did our due diligence to try and find it. All it says is 15 feet either side as laid. That means
the water line could be anywhere or nowhere.
Chair Asher: Okay. Second, the Road and Bridge says that for it to be a commercial culvert, it needs a 10 foot extension.
Is the culvert in the right of way or on the other private property?
Stephan Metzger (Staff): So, we reached out to the applicant’s surveyor and had him redraw this to add more detail,
because his initial drawing was not at all detailed in that respect. It appears to show that the culvert is in the right of way.
Chair Asher: Okay, so for the easement, it's a 20 foot driveway easement, and I'm like, if you have to add 10 feet, then
there's room for that in the easement. But if it's in the right of way, then the County can do that.
Stephan Metzger (Staff): And I believe the applicant will address that this evening.
Commissioner Weishaubt: Can I ask a question about that too? On that pipe, which way are they extending it? Because
it's in the right of way, mostly, but it actually kind of approaches on the neighbor's property a little bit. So, they would have
to add more that way?

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Stephan Metzger (Staff): So, if they're going to keep it in the right of way, they're going to have to figure out some way to
get all 40 feet of it in the right of way.
Chair Asher: Okay. Does the Corp ever have to approve anything like, within a certain we said area notified property
owner.
Stephan Metzger (Staff): We actually did receive one letter in a previous case, but we've never received one before since.
Chair Asher: And then for the signage. Is lighting allowed on signage in that zoning, like lighting on the signs?
Stephan Metzger (Staff): I would have to look.
Chair Asher: You can come back to that.
Stephan Metzger (Staff): Yeah, I'm not sure of illumination on those signs.
Chair Asher: Then one more. So, the north side where you say there has to be artificial or natural screening. Is it just from
the house or from the residentially zoned property?
Stephan Metzger (Staff): So, that is a good question. And I had the same question. When I looked at all the other CUPS
that we have done in the recent history, they have worded it exactly as I have worded it. In a manner that obscures the
storage area from view of traffic and residences within 500 feet. So, I took that to mean the physical house, not the property
line.
Chair Asher: Okay, perfect. I will say, as we're discussing this, I prefer CUPs to be very specific, because then there's no
recourse if they're not following it. So, that is all I have. Does anyone else have questions for staff?
Commissioner Noll: Is 40 feet, and what would be the depth of that road culvert? Is 40 feet going to be sufficient to make
that, especially if they're navigating, coming from the lake, because they're……
Stephan Metzger (Staff): Anna, can you pull up that OneDrive part and then that first one, and then it would be page….
Commissioner Noll: I mean, I realize that 40 feet is the standard for commercial.
Stephan Metzger (Staff): So, since that's the minimal standard, I believe that is all Road and Bridge requires. That doesn't
mean that you couldn't, as the Planning Commission can require a larger culvert if you felt like it was necessary, but because
that's the standard at Road and Bridge, that's all they can require. So, the other thing I wanted to point out is their surveyor
actually noted two right of way lines. He noted that the GIS mapping only shows a 60 foot road, but this subdivision shows
an 80 foot road, so 40 on either side. This subdivision is the most recent right of way we have. So, to me, this is the one
that's correct, because we have a plat that dedicated 40 foot of right of way on the north side of that road. So, I wanted to
point that out as well. This is the driveway easement here, this hashed area. And then as Andrea pointed out, here is the
culvert.
Chair Asher: So, if they stop right there, I mean, that is in the right of way.
Stephan Metzger (Staff): And they may have to reorient the driveway in such a way that they can fit a 40 foot culvert. But
to me, that is, they have got to find a way to get a 40 foot culvert in there to satisfy Road and Bridge.
Chair Asher: Any other questions for staff? Greg, Steve?
Commissioner Hazen: Can you point out; do we have an idea where the lateral field for the house is?

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Stephan Metzger (Staff): We do, yes. So, this is another thing that I double checked with our Health Department, because
if you'll notice, those green hash lines are the lateral field. So, I asked, how close can a building be? I was told 10 foot. If
you'll notice, on the site plan, they are right at 10 feet. Because they're 25 feet from that western property line, at least in
theory, they have maybe 10 or 15 feet of give to the west if they felt like they needed some. What that does mean, though,
for the applicant is, if that system fails because of the buildings, because of the house, and because of the big hill on the east
side, they will likely have to dig out and put the new one in right where the old one is, because they don't really have any
other locations for a new system. But they meet County requirements for setbacks from septic fields.
Vice Chair Hosler: They will not if them buildings have foundations.
Stephan Metzger (Staff): Say that again?
Vice Chair Hosler: It will not meet setbacks if them buildings have a foundation.
Stephan Metzger (Staff): I talked to Casey today. He told me any foundation is 10 foot.
Commissioner Hazen: I have one more question. On this, the whole sign thing, have we granted exceptions to the sign
square footage requirement in the past.
Stephan Metzger (Staff): I'm sure we have. Erin’s nodding her head saying yes. It's a pretty common thing to include in
the development plan, because our sign regs are fairly restrictive, and because a lot of these CUPS go into residential zoning
districts, residential zoning districts only allow an 8 square foot sign. So, one of the things that we tell applicants is, if you
want a bigger sign than 8 sq ft you have to get an exception approved by Planning Commission as part of the development
plan.
Vice Chair Hosler: Stephan, it is 20 foot from soil absorption system to dwelling foundation is required 20, recommended
50.
Stephan Metzger (Staff): Okay, in his letter, Casey’s letter, it says any new building will be required to meet minimum
setback requirements, of at least 10 feet, and I contacted him today and confirmed that, so I can contact him again. I have
no problem with that and point that out.
Commissioner Noll: Are we interpreting it is from the dwelling versus from an outbuilding?
Vice Chair Hosler: It says any foundation.
Commissioner Noll: I mean if it's the dwelling, it meets the appropriate setbacks from the actual dwelling that it's servicing.
Vice Chair Hosler: Yes, but if there is a foundation, and I don't know if that thing is gravel or if it's concrete. If it's concrete,
according to state regs, it has to be….
Chair Asher: It could be a pole barn, then it doesn’t necessarily have to meet…..
Stephan Metzger (Staff): All I can go off of is what Casey told me, because I don't enforce his regs. So, if you guys need
me to, I'm happy to reach back out, and maybe point him in that direction.
Vice Chair Hosler: He does have that in his records.
Chair Asher: But that would come up during the building permit, right?
Stephan Metzger (Staff): Yes. We should not allow a building to go in that violates Health Department regulations correct.
Chair Asher: Correct.

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Commissioner Noll: Stephan, does the landowner own lot 10 as well? On the GIS parcel, it's the triangle lot there in the
corner?
Stephan Metzger (Staff): No, that's a different owner.
Chair Asher: That's why they have to stay in the right of way for their culvert.
Stephan Metzger (Staff): Yes.
Commissioner Noll: But where there's already just an existing 20 foot is pretty tight across that. Do they need to be involved
in this?
Stephan Metzger (Staff): So, they submitted a public comment, pointing out those exact things. Yes. My view is that is a
dispute between the two landowners. So, you all as a Planning Commission, again, in my view, should not condition
approval of this conditional use permit on them getting together and coming to the negotiating table. However, if you feel
like that is a big enough issue that it no longer makes this appropriate, then you should recommend denial, because that's a
perfectly legitimate reason.
Chair Asher: I think we can also take into account people in the surrounding areas’ views on a conditional use permit, but
the way I see it, as long as they stay within the easement of the right of way, then the neighbor can't tell them they can't do
anything with that driveway.
Stephan Metzger (Staff): And if they are going to go that route, that is a dispute between those two landowners, that we as
a Planning Commission, should not necessarily be involved in. But if it's a big enough issue for you all as a Planning
Commission, that this is cloudy, or that it's not enough room in your opinion…
Chair Asher: Or if it was just making that property, the neighbor, just their property, just be, you know, like it was going
to be detrimental to them or something.
Stephan Metzger (Staff): But all those are perfectly legitimate reasons to recommend denial. It's just you, we, as a Planning
Commission or you all, as a Planning Commission, should not force two property owners to the negotiating table as a result
of this conditional use permit.
Commissioner Weishaubt: To add on to your point about the driveway, the width of the driveway too. It also is a driveway
easement, not an ingress egress easement. And it's granted to the owners of, you know, the lot to the north.
Chair Asher: I thought it was an access easement. Do you have a copy of that?
Stephan Metzger (Staff): We do. Yes. I think it was in your packet.
Chair Asher: It was, that's why I looked at it. I thought it said for access. Yes, it says a certain easement for ingress and
egress, over and across said portion of private driveway.
Stephan Metzger (Staff): The document is titled a driveway easement.
Chair Asher: If you go down to paragraph, the one that says, ‘and that,’ it says for ingress and egress over and across said
portion of said private driveway that runs over and through the northwest corner of the above real property. I looked because
I was making sure it didn't say anything about you can't use this for whatever. It just says that they have to maintain it, the
people who are using it.
Stephan Metzger (Staff): But again, we need to be really careful in us making an interpretation about who has access for
what.
Chair Asher: But sometimes they specifically say this cannot be used.

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Stephan Metzger (Staff): Sure. Yes, if it said this cannot be used for boat and RV storage, that is a relevant piece of
information for sure.
Commissioner Weishaubt: Okay. I get what you are saying.
Chair Asher: Greg, Steve, do you have any more questions for staff before we hear from the applicant?
Commissioner Phillips: No.
Chair Asher: Andrea, Alex, Karin? Okay, is the applicant here? Okay, would you please get up and state your name and
address and present anything you would like? Oh, and everybody, before you leave, please make sure you signed in on the
sheet outside.
Albert Miller – Applicant: Good evening. I am Albert Miller. I'm going to be repeating some stuff that already got said,
but I'm the one who's planning this project. I want to start out by saying, thank you for allowing me this opportunity. I read
your comments, and wanted to address some of the concerns. Lighting for the project, solar powered for the street sign, if
it's allowed, and down focused lighting attached to the buildings for the lot and above each bay entry, well, maybe not each,
but enough to give proper backing up. The sign size twelve square feet would be awesome. Eight square feet will work. I've
spoken with a neighbor about the road sign they provide on the corner of 43rd and Ferguson. I definitely plan to utilize the
open spacing advertisement available, so a bigger sign isn't necessary. The current culvert size is 24 inches by 34 feet in
length. The Road and Bridge department can install a 10 foot extension on the west side of the drive and taper back to the
existing drive on the County right of way distance from the road, so no change of easement is required between us private
parties. This is a fully enclosed storage facility. There will be no boats and trailers sitting out compared to the already present
facilities in the area. It's a growing area as the surrounding enclosed storage buildings are full and on a wait list for the
enclosed structures. Fencing and a security gate, all of that will be approximately 150 foot off the road to prevent congestion
on the road, and if there's more than one person trying to get in. And then the plan is not to take down any trees during the
project, and also we will be adding shrubbery and grasses and the usual cover to disrupt the building lines. And to add to
the foundation, the plan right now is a gravel floor, just like the surrounding facilities are in the area, with just the normal
footings and piers for the structure to be stable. I hope that I was able to answer a lot of your questions you had for coming
tonight, and I wanted to thank you for taking your time to be here.
Chair Asher: Does anyone have any questions for the applicant? Anyone? No, okay, thank you. Okay. Before we get to
public comment, I would like to remind everyone to address the Commission with any of your comments and not anyone
in the audience. And anyone in favor of this item would like to speak? Do we have anybody online? No. Okay, if you're
here to speak against this item, if you would please come up and state your name and address and speak your peace.
Christopher Windler – 4141 Ferguson Rd.: Christopher Windler, 4141 Ferguson Road, Perry, Kansas, 66073. Actually, I
have quite a bit of insight about the property, storage, and the future plans, but I do have a few questions regarding this.
When the CUP is made, what are the setback requirements?
Stephan Metzger (Staff): We'll take questions, and then we'll answer them.
Christopher Windler – 4141 Ferguson Rd.: Okay. Next one is, where is the water easement actually established? I was
advised, when speaking with the previous owner of the water district, that there is a water line that runs north through that
property. Existing easement is also stated since I was a previous owner of that corner track. It is not a document that gives
an unlimited access. I contacted an attorney on it when I purchased the property and before I sold the property, it specifies
a private driveway. It does not specify commercial use. It does not offer for a CPU change or any other documents on that.
And it specifies, specifically, a private drive. That is not the same as a commercial drive in any legal standards. Without
that, this property does not have the required 40 foot commercial entrance. Septic lines are approximate on this with the
previous homeowner I had a conversation with before it went live on the market. I do not believe that those are to be
accurate, and I would like to know how those septic lines drawings were established. I was advised that they were further
out into the field when I looked at purchasing the property prior to the existing owner. She already addressed the one
regarding the set back with the footings. I believe that the footings per state is 20 feet or 25 foot, I recalled, and that was my

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question is what is the actual set back with footings? The last one is with this being right smack dab in a residential
neighborhood. These buildings are going to be probably depending on 312 pitch to 512 building design. How do they plan
to hide these buildings from all the residential neighbors that are behind them, to the east and the north? Thank you.
Chair Asher: Is there anyone else that would like to speak. Sir, if you'd like to come up and state your name and address.
Dan Foltz – 11091 46th St: Dan Foltz. 11091 46th Street. I own the adjacent property on the north side of his property. And
you mentioned something about visual enhancement. Go over that? Well, it's right in full view of my house. I mean, when
I'm looking down at the lake, I'll be looking over these buildings, and that's one of the reasons I'm kind of against it. And I
have a lateral field to the north of that property. I don't think nothing was said about it, not theirs, mine. My lateral field is
to the south of that big shed where he’s got it highlighted right now. In fact, you can actually see it there. That's it, that big
area there, correct. That's my lateral field, and I'm on the Water Board for District #2, and there is a water line going across
there and it is active.
Chair Asher: Do you know where it is?
Dan Foltz – 11091 46th St: I know where the north side of it is on 46th Street. It's about 50 feet back up the road from my
property line, and it comes across, there is a pond right down there, about halfway across my property. That water line runs
just to the east of that pond, and then straight over to his driveway, and ' his water meter ' is right there. ' And I don't know
if that's going to be in a problem or not. The water line is actually too close to the driveway now, because in our bylaws, it's
stated it’s supposed to be 20 feet off the driveway, and that was not set up correctly. But the view coming down there, that’s
what I've got, against it and the lighting, I'm an amateur astronomer. I don't need any more light pollution below me. So
that's why I'm against it. Thank you.
Chair Asher: Anyone else would like to speak?
Carol Zimmerman – 11149 43rd St.: My name is Carol Zimmerman, and my husband and I own lots one and three of
Ferguson Heights Subdivision. My address there is 11149 43rd Street. And yes, we are the owners of the triangular shaped
property just south of the Miller’s property. Our protest of the request for a conditional use permit by Mr. Miller must begin
with information about the driveway. A driveway easement document dated December 19, 2019, allows a private driveway
to exist on the southwest corner of our lot one to provide ingress and egress for the Miller property. The driveway easement
document on record allows for a 20 foot wide driveway, private drive to cross our property from the road to the Miller's
property. The easement, as written, stays in effect until such time as the driveway is removed, disused or upon a mutual
termination of said easements by the respective owners of the two tracts of land in the document. My husband and I are not
interested in any of these reasons for termination of the private driveway easement. Therefore, the private driveway
easement document will stand as written, and Mr. and Mrs. Miller may not widen the private driveway access beyond the
road. That being said, we wish to protest the reason for the conditional use permit request. That reason being the initiation
of a boat and RV storage business on the Miller property. Our reasons for protests are as follows, the properties are currently
zoned Suburban Residential made up of homes in a neighborhood and should remain as such. We bought both our properties
to get away from the commercial entities that bring increased traffic, noise, and pollution. To allow a conditional use permit
for commercial purposes on part of the Miller property sets precedence that we believe is dangerous and opens the
opportunity for others to exploit that precedence for their own commercial use purpose. Additionally, we fear the existence
of a commercial enterprise within the neighborhood will diminish the value of the two properties that we own. Mr. and Mrs.
Miller are the absentee owners of the property, and the proposed and real businesses there in. They do not live on the
property, and should problems or issues arise requiring their prompt presence, they would be responding from Leavenworth
County. The opening of this storage facility would increase traffic congestion, in our opinion, and pollution and noise from
the removal and return of boats and RVs to their rented storage space. This too affects the ambience we expect to enjoy in
our Suburban Residential neighborhood. And finally, we have concerns about the potential for ruin of the green space with
the removal of trees along the roadway, the paving of a large area on the property that could adversely impact water drainage,
the placing of signs identifying the location of both businesses and the short term vacation rental home in operation and
other onsite promotional visual interruptions to the rural country views. Please, we ask that you do not approve this
conditional use permit. Let our neighborhood remain exclusively Suburban Residential. Thank you.
Chair Asher: Is there anyone else that would like to speak?

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Joya Cleveland – 11127 43rd St.: Hello, my name is Joya Cleveland, and I live directly across the street at 11127 43rd
Street, Perry. The weird, shaped H house. I hope you can hear me clearly because I'm recovering from a surgery. Many of
us here night kind of behind me. We live in a quiet, Suburban Residential neighborhood with single family homes, and a
lot of us embrace the quiet area that we're in. I believe this request for this CUP is not in line with the heart of our direct
community. I do feel like this will be a burden to me directly if it's passed as I'm directly across the street from them. My
driveway is less than 100 feet from their driveway. So, if they extend that driveway, it get's even closer to mine. And with
being two lanes and no shoulders the second one trailer or truck or boat or RV or whatever it is, they miss the drive and
everyone is turning around, and I will be the driveway that they back into every single time to turn around. And I would
really, really like to have that avoided. Also, being about a mile from the marina, we all know in summertime, crime goes
way up. There's theft that happens out there, and this'll be a great spot for those types of crimes like, oh, we know boats are
here that. Let's see what we can break into. I don't want crime to come a little bit closer to my house. And mentioned by a
few people tonight, I have it as well. I'm very concerned about the lighting. Yeah, I very much value being in the country. I
love looking at the stars. I've a mega telescope that I love to drag outside, and even if it's covered or low impact, it's still
commercial lighting that's feet away from my home. I mentioned as well by others tonight is the signage. Me, my house,
looking directly at that property, I'm going to have to see a commercial sign every single day. And I didn't sign up to live in
a commercial district. I signed up to be in a residential area. Everyone here tonight has a little bit different viewpoint. Mine,
pretty much is just personal and emotional, which I know isn't really necessary, but to me, it's gutting that that beautiful
single family home across the street from me was immediately turned into an Airbnb, and now it's potentially going to be
turned into an RV boat storage, and next year, maybe turned into a third business opportunity, and that's not really what I
signed up for when I moved out here a few years ago. So, my request is that you don't approve this. Thank you.
Chair Asher: Thanks. Anyone else?
Richard Zimmerman – 11149 43rd St.: I’m Richard Zimmerman. I'm the spouse of Carol. The address is 11149 43rd Street
here in Perry. I do have one question, and it pertains to the traffic flow assessment that has been put forward. The traffic
flow that goes by our home now does not stop, comes off of Ferguson, goes through to the marina, and returns that same
way. With this facility, I foresee stoppages for people waiting to enter the property, lined up after a holiday weekend, maybe
several vehicles with boats in tow lined up, virtually turning that into a one way street. So, I foresee that people who were
who have slips at the marina trying to leave the property will be stacked up on the Corp portion of the property. Who knows
how far back, just would like someone to reevaluate the traffic flow or traffic impact of this proposal. Thank you.
Chair Asher: Is there anyone else that would like to speak? Would the applicant like to respond to anything or speak again?
Shyler Meier – 11400 46th St.: Shyler Meier, 11400 46th St. I just want to clarify these setbacks, because when I did my
conditional use permit, the setbacks pertained to that actual conditional use permit, and I believe that was just my own
concern is to make sure that everybody follows the same rules.
Chair Asher: Perfect. Thank you. Would the applicant like to respond? Okay, great. Well, this is where we will close the
public comment portion of this hearing so once we do that, the public will no longer be allowed to speak. So, I just want to
make sure everybody has had their chance to speak, so we will now close the public comment portion of that of the hearing.
Does anyone have any questions for staff or comments? Do we have or, I mean, I guess we could require, like, a car stacking
study? Andrea, do you know what I'm talking about?
Commissioner Weishaubt: No, I'm sorry.
Chair Asher: We have to do it sometimes for, like, when you propose a drive through, like, you have to show on a plan,
like, if you have 10 cars that stack, will it go out into the public right of way? Will it impact access?
Stephan Metzger (Staff): So, you're asking basically, what the stacking distance is between, say, the gate and 43rd Street.
Chair Asher: Yeah, like, how many vehicles, trucks and boats, could fit on there before it's stopping traffic?

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Stephan Metzger (Staff): We didn't require him to do that. It's probably 100ish, 110, 120 feet from, say, where the entrance
to the storage facility is, and 43rd Street.
Chair Asher: So, like the gate, there's going to be a gate?
Stephan Metzger (Staff): Right, and the gate was going to be up in between the buildings, correct. So, it'd be about 100,
120 feet.
Chair Asher: So, people are going to get on to the property before they hit the gate. Okay. Second question, are Airbnb’s
allowed?
Stephan Metzger (Staff): Yes, we don't have any really prohibitions in our regs between, say, long term or short term
rentals. And to be honest with you, they're really difficult to, any kind of rental, long, short doesn't matter is really, really
difficult to enforce, because it's difficult for us to say, oh, this isn't you're not allowed to have a rental here. How do I know
that you are a renter? Short term rentals may be a little easier, but it’s still that we don't have anything in our regs that
differentiates between the two.
Stephan Metzger (Staff): The public had a couple questions that I wanted to answer. The first is the setback requirements.
I believe Erin is looking into Shyler’s CUP. I don't recall any conditions about the setbacks, but I think she's going to double
check. Otherwise, the setback, which you all could place additional setbacks on, but the setback would default to the zoning
district. This plat does not have any additional setbacks other than in the very corner where it's a 50ft square building
setback. Otherwise, it's 25 feet along the south, 10 feet along the sides, 20 feet along the rear. Water line easement, again,
we had a member of the water district kind of explain where that is and then how do they plan on hiding the buildings to
the east and the north? So, this's where that question comes in about structure versus property.
Chair Asher: I mean, I will say the lady across the street, I mean, in the winter and in the fall, she's going to see those
buildings. Can we put like a stipulation on how tall they are?
Stephan Metzger (Staff): So, yes, you can require any reasonable conditions that you feel are appropriate for this request.
So again, the current condition is 500 feet, by my calculation, there's one, Mr. Foltz is within 500ft and Ms. Cleveland, I
believe, is very, very close, I think close enough that we should probably consider it within there. I measure that from the
property line, so that's how I'm measuring it. And hers is really, really close. Mr. Foltz is obviously well within. Mr. Foltz’s
concern has a lot to do with the terrain. He's quite a bit higher than where we're talking here. I don't really know how…..
Chair Asher: Put up a 20 ft tall fence? Has there ever been any stipulation on a CUP that the owner has to maintain some
sort of office or home on the site of a storage use?
Stephan Metzger (Staff): Not to my knowledge, and in fact Payne’s don’t live on the site, right? They do, okay. The Shaw’s
on 92, they don’t live on site. We have a few that don't have a house nearby.
Chair Asher: I mean, for the other Commissioners, while yes, looking at the map, it's a very residential neighborhood, but,
I mean, there is a restaurant and a marina and a lake right there, so I think, I think in the general area, boat storage is an
acceptable use. I don't know if this specific location is, but I don't think that it's out of line to say that this is an appropriate
use for this area.
Stephan Metzger (Staff): The other thing that was asked was, can we reevaluate the traffic impact? So, we didn't have a
traffic impact study, we never require a traffic impact study, but as I've mentioned to you many times, you all can require
that. That a traffic impact study or drainage study be done as part of the project. We very rarely do, but that's your
prerogative. I cannot, as staff require it.
Chair Asher: Because it's not in the regulations?
Stephan Metzger (Staff): Correct.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Commissioner Noll: Okay, I think that would be something that would be highly seasonal. I mean, if you do a traffic impact
study right now, it's not going to….
Chair Asher: It’s going to be like two cars a day. Yes, but I think it's fair to like you're saying, do a turning radius or
something to show an extended cab truck pulling a 40 foot boat, can even turn on to that?
Commissioner Noll: If they have a strict parameter of 20 feet, and that's somewhat non-negotiable. Is that possible to widen
that access to 40 feet to meet a commercial standard, but yet fall within the 20 foot easement for the private drive?
Chair Asher: Well, like I said, I don't think, I mean the driveway clearly can't be 10 to 40 feet, but the apron, or whatever
we're calling it, the access, if it’s in the right of way. I think probably could. I'm not a lawyer, so I can't say whether this
driveway easement, the word private means that commercial uses aren't allowed. I agree. I think that's a civil matter. I think
that's between them, but I think it's fair to, you know, I don't know if that's a condition of their permit or what, but to be able
to show that you can even create that culvert that's required by Road and Bridge. I mean, I would think that'd be easy.
Stephan Metzger (Staff): And just to clarify, I believe we found the discrepancy with Shyler. He is in a different zoning
district. So, I believe that is where the increased setbacks come from is that he is zoned Rural Residential where the other
is zoned Suburban Residential.
Chair Asher: Okay. Greg, Steve, do you guys have any comments or questions?
Commissioner Phillips: Well, I do. I'm fairly familiar with this area because I drive by it all the time. I don't live near there,
but I walk my dogs at the closed Perry Park Road. And this impresses me, is as a residential neighborhood. I mean, it feels
very suburban, and my personal opinion is that the proposed use is out of character with the very immediate surroundings.
I know you go further down the road, and it becomes more Lake stuff, but this is residential, and it just doesn't feel right to
me.
Chair Asher: Anything else?
Commissioner Phillips: Nope.
Chair Asher: Okay. Greg? No.
Vice Chair Hosler: Karin, I'm worried about the wastewater system and the setbacks and if that field is exactly where they
say that field is.
Chair Asher: Yes, I would like to know, like, that was asked, like, how was that located?
Stephan Metzger (Staff): I believe, I think Mr. Windler noted that it's approximate. Honestly, we don't have any other
method other than to take what the surveyor has given us.
Chair Asher: I mean, well, I guess we could tell them, they have to come back with a specific survey. They have to locate
it.
Stephan Metzger (Staff): Yeah, and that may or may not be difficult to do. But yes, you guys can require something like
and table it for more information.
Vice Chair Hosler: It doesn't show up in the aerial at all, like the property to the north, you can see his.
Stephan Metzger (Staff): Not really, because in our aerials there looks like there was maybe an old horse barn or something
there that is kind of obscuring where that would be, because it looks like there was some animal traffic that was there.
Chair Asher: Andrea, Alex? Well, I'm open to more comments. I'm open to a motion. I'm open to whatever anybody wants.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Commissioner Noll: Stephan is there notation on that proximity of that rural water easement?
Stephan Metzger (Staff): It's not listed on the site plan. It's also not listed on the plat, even though the easement predates
both.
Chair Asher: Is there one recorded with the Register of Deeds?
Stephan Metzger (Staff): There is.
Chair Asher: I thought I saw two driveway easements, like an original one. Let me look at that.
Stephan Metzger (Staff): Yes, that right of way easement presents that David Trinkle, it'd be in the packet, page 14 Anna.
So, excuse me, so Whippoorwill Ridge did predate this, but it's a 15 foot each side of the water line as constructed.
Chair Asher: But it doesn’t say where it is constructed.
Stephan Metzger (Staff): It only says the easement is over Whippoorwill Ridge. And Ferguson Heights, which is a much
newer subdivision, is not included on the Ferguson Heights plat either. We looked at every plat surrounding Whippoorwill
Ridge and we could not find that easement. Ditto with Roe’s Subdivision to the north, the easement is not on there either.
It is not to say it doesn’t exist; I just don't know where it is.
Commissioner Weishaubt: And the water department didn't know either or you couldn’t get a hold of them?
Stephan Metzger (Staff): I couldn’t get ahold of them.
Commissioner Hazen: I would be very surprised if a rural water district, unless they have as built drawings, would be able
to tell you exactly where a waterline is. Those easements tend to be pretty vague and even in design phase's the contractor's
will go out and lay line on the fly and it’s kind of up to an as built drawing to show where it is, and I don’t even know
whether they were doing to that much detail when these waterlines were being put in, but I would be surprised if they were.
And as far as lateral fields, I can’t imagine how, I don’t know how old this property is, but it would be very difficult to
locate exactly where a lateral field is. Because, and in my experience, I mean, I built my house in 2000, and I just had a very
rough drawing of where they were. So, I think trying to track down those things specifically would be very difficult.
Chair Asher: Yeah, I mean, so worst case say we did approve it, and the water line breaks. I mean, then the property owner
is on the hook for tearing down their building.
Stephan Metzger (Staff): The only thing that I would say is Rural Water District 2 did submit a letter.
Chair Asher: I saw the letter and it didn't say….
Stephan Metzger (Staff): Again, it's one of those things I have to go off what they give me and if it was a concern, I would
hope the Rural Water District 2 would've said, hey, there's a waterline right here.
Chair Asher: Other than just saying yes, there is water service there.
Stephan Metzger (Staff): But again, I'm not saying it doesn't exist. I just don’t know where it is.
Chair Asher: Yes, it's definitely not on their radar.
Dan Foltz – 11091 46th St: May I comment on this.
Chair Asher: We would have to reopen the public comment, so no.
Dan Foltz – 11091 46th St: I’m on the water board.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial

Chair Asher: Okay. Does that matter?
Stephan Metzger (Staff): It's up to you guys.
Chair Asher: Sure.
Dan Foltz – 11091 46th St: Okay. We had a breakage about a year ago on that line, and it was repaired on the north edge
of my property on 46th Street.
Chair Asher: Can you bring it up on the map?
Dan Foltz – 11091 46th St: About 50 or 60 feet from my west property line. There, now it comes straight down to the pond,
and then straight across to his driveway. Yes. And that water line broke, so I know it's there and it's active.
Chair Asher: So, it’s not on the western portion where he wants to build the buildings?
Dan Foltz – 11091 46th St: Yes, that's where it comes across. Where the road comes in, where the driveway begins. It does
go across in front of that pond and then turns slightly and heads to his water meter next to his driveway.
Chair Asher: Okay, thank you. I'm just going to say that I feel like there's a lot of unanswered questions here, and I don't
feel comfortable approving this as is, but I'm open to any suggestions, I'm open to any motions, I'm open to any comments.
Commissioner Hazen: I would say you know newer water lines have a wire in there that you can trace. I suspect this one
does not, but before you do any construction, you've got to call the water district for a locate. Do we think they can accurately
locate the water line?
Chair Asher: The person from the board says yes.
Stephan Metzger (Staff): And if they can’t accurately find the water line, if you approve this, they build buildings. They
can’t build the buildings in the easement.
Chair Asher: Right. So, I guess the question is, is because we are doing a development plan that shows where the buildings
are, then they would have to revise the development plan anyway, would they not?
Stephan Metzger (Staff): So, the development plan regs basically say it only comes back to an amendment if it's a major
change so and that in the regs is at my discretion. Typically, if it's something like shifting the building a little bit, we have
not required a development plan.
Chair Asher: I feel like they can't shift to the east at all because of the water line so I would feel like the only shift could
be going down in size for the whole thing.
Stephan Metzger (Staff): They may have to, yep. And if that's the case….
Chair Asher: Then that wouldn't come back here, and I feel like it'd be a less intensive use.
Stephan Metzger (Staff): I would probably agree that if you approve as is this conditional use permit. And they came and
said, we're wanting to do something on the same place, but a smaller footprint, I would say, then that's fine.
Chair Asher: I agree.
Vice Chair Hosler: So, what's the setback for the waterline?
Stephan Metzger (Staff): This water line is 15ft either side as laid?

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial

Chair Asher: Anyone want to make a motion. I'm not allowed, or I would.
Commissioner Weishaubt: So, we can make a motion to table it then right?
Chair Asher: You can.
Commissioner Weishaubt: We can ask for more information?
Chair Asher: You can.
Stephan Metzger (Staff): Just be specific.
Chair Asher: Because that way, when they come back, they know what they have to go get.
Commissioner Weishaubt: So, we talked about vehicle tracking, right, so that we can figure out if we can make those turns
and those radiuses and all that. More information on the water line?
Chair Asher: Is lighting allowed on the signage?
Stephan Metzger (Staff): Yes, so you can’t illuminate the sign internally, but if you have solar lights or something, that's
permitted. You have to shine it on the sign.
Chair Asher: Okay. Andrea, on the staff report, I think one of the options was a motion.
Stephan Metzger (Staff): Correct.
Commissioner Weishaubt: Vehicle tracking, location of the water line…..
Commissioner Noll: Maybe a little more information on the liability of that 40 foot commercial entrance remaining within
the right of way.
Chair Asher: Also, I think we need clarification from the Health Department on that distance from…..
Commissioner Weishaubt: Clarification on 40 foot in the right of way, and from the Health Department…
Chair Asher: …the distance from any footings.
Vice Chair Hosler: But if they're not putting a foundation down it’s a moot point. It’s 10 feet. They didn't talk like they
were putting a foundation down.
Commissioner Weishaubt: So, vehicle tracking, location of the waterline, and clarification on the 40 foot drive in the right
of way.
Chair Asher: Yes, I mean, I'll just say, I feel like, in general, they're going to have a hard time screening this from the
houses, even with all that information, that's just my opinion. But I'm on board with whatever you want.
Commissioner Noll: Stephan, in past instances, have they put parameters in like to put a screen buffer, a natural buffer to
the north as well?
Stephan Metzger (Staff): So yes, in one of the conditions that we typically put its natural screening from any residences
within 500 feet.
Chair Asher: Like the person to the north, if they're that much higher, I feel like that's going to be kind of an impossible….

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial

Stephan Metzger (Staff): It is going to be really difficult.
Chair Asher: Now the house across the street. I feel like is staring at it.
Stephan Metzger (Staff): Now there is some, there is some vegetation along that South property line. But again, in the
winter you can see right through it.
Chair Asher: It’s pretty open.
Commissioner Hazen: I’m not really familiar with that area, but from what I've heard, I don't think it's an appropriate use
for that property.
Chair Asher: So, what I guess I want to say is, if talking this out, if there's enough people that are going to vote against it,
no matter what the information comes back, I don't want to waste the applicant's time or money getting that information.
So, I guess we need to know…..
Commissioner Phillips: Why don’t we find out?
Commissioner Phillips moved to recommend denial of this conditional use permit on the basis that the use is not
compatible with the surrounding area. Commissioner Hazen seconded.
Tiffany
Karin
Asher
Hosler
Chair
Vice Chair
DNV
AYE
Motion to Deny 3-2

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

AYE

AYE

---

NAY

NAY

Chair Asher: We are a recommending body, and this will still go to County Commission with our recommendation for
denial. And Stephan will reach out to the applicant. Do you notify the neighbors when it goes to County Commission?
Stephan Metzger (Staff): No. This is the public hearing here so there's no requirement or guarantee that they would have
the opportunity to speak at the County Commission. The proposed date as of right now is April 20th when this would go to
County Commission. You are all entitled to a protest petition as well. But yes, so like Tiffany said, this is a recommending
body. It'll go to County Commission April 20th at 1:30ish in the afternoon.
Chair Asher: Okay, you guys are all welcome to stay or you can leave. Thank you. We'll move on to the second item
PR2026-02 and Z2026-02.
Stephan Metzger (Staff): Can we make a note in the minutes that Shyler has returned?
Chair Asher: Shyler Meier has returned.
PR2026-02 and Z2026-02 – A request by Ruth Ann Edmonds Irrevocable Trust/ Chris Edmonds and
Williams Natural Gas (Southern Star Central Gas Pipeline, Inc.)/ Matthew Edwards as property owners
and applicants for Zoning Changes from AG – Agricultural to IP-2 – Planned Medium Industrial on a
portion of an existing tract, and a Replat of Energy Center Subdivision for the purposes of expanding an
existing lot located at 19543 94th St., McLouth, KS.
During this time, staff asked who was here for the second case. The applicant’s agent Matthew Edwards/ Southern
Star was present.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Chair Asher asked staff to give their report. Staff gave their report. After their report, Chair Asher asked the board if
they had any questions for staff.
Commissioner Noll: Does IP-2 have a particular depth to width ratio?
Stephan Metzger (Staff): It does, but this particular lot should be fine. I believe I looked into that. Yes, it's only two to one.
So 300ft wide by 600ft deep.
Chair Asher: Is the applicant here? Would you like to speak?
Matt Edwards – agent for Southern Star: My name is Matt Edwards. I'm the land agent for Southern Star Central Gas
Pipeline. 8195 Cole Parkway, Shawnee, Kansas, 66227. So, the purpose of this project we're calling it the McLouth dehyrebroiler project. And what it does, we're going to use about an acre and a half and then have the other half acre for whatever
down the road, but the natural gas demand is going through the roof right now. We are getting phone calls every day for
more and more connections. So, we're enhancing our facilities. We're replacing these old glycol reboilers. And so what it
does is, when we pull the natural gas out of the storage field from 1500 foot below, it's got moisture with it, and the Glycol
is like an antifreeze and it removes the moisture from the gas to go in the pipeline to go to Kansas City to St. Louis or any
of our other markets. So, it's a pretty big project, an $18 million project. The equipment is very expensive. It should be done
by, it's planning on starting the week of April 20, which is pretty close to the County, so probably April 23rd. We're getting
contractor bids in right now and then should probably take three to four months to do. But like with the water department,
we don’t need more water. We have bathroom at the office there that's like, well, the only water they really use, really, we're
just improving that facility. It's big. We've got a lot of gas that's moving, coming, and going and bringing it from Wyoming
bringing it from West Texas. It's kind a neat. You can take a sample of gas at that facility and test the molecules and find
out if that gas is from Wyoming fields, or from the Permian Basin in west Texas or western Kansas. So, we're getting a lot
of calls. There's a lot of data centers going in in Kansas City that want to get hooked up. So, we're kind of at the forefront
of knowing about the data centers and there is a good bundle being planned in Kansas City. I don’t know why we need so
many of them. They are planning on 1000’s of them nationwide. But they're draining the grid so much that, you know we
have Evergy building new power plants that we're connecting to their natural gas regionally. By 2030 the gas industry will
look much different.
Chair Asher: Should you acquire more land now, should you make it bigger now?
Matt Edwards – agent for Southern Star: No, I mean, if anything goes bigger, it'll be underground in the storage field. So
that's something that is being looked at because of increased capacity and storage capacity. So, we have 8 storage fields
across our network of about 6000 miles of pipeline. You know, we have from Wyoming to St Louis, down to Texas,
Oklahoma, Missouri, Nebraska. So, customers could buy gas, store it in our fields, and then draw from it. Buy it cheap in
the summer, draw from it in the winter, when the prices are higher, but they pay a storage fee to us. But we're kind of like
the UPS natural gas. We'll produce it anymore. Williams used to, City Service used to but now we're just strictly wholesale,
wholesale market.
Chair Asher: Does anyone have any questions for the applicant? Nope, okay, thank you. Nobody else is online, so we will
close the public comment portion. Any comments, questions, or motions?
Commissioner Meier makes a motion to recommend approval of Z2026-02 based on staff’s recommendations.
Commissioner Phillips seconded. No Discussion.
Tiffany
Karin
Asher
Hosler
Chair
Vice Chair
DNV
AYE
Motion to Approve 6-0

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

AYE

AYE

AYE

AYE

AYE

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Commissioner Meier makes a motion to recommend approval of PR2026-02 based on staff’s recommendations.
Commissioner Noll seconded. No Discussion.
Tiffany
Karin
Asher
Hosler
Chair
Vice Chair
DNV
AYE
Motion to Approve 6-0
Item 6:

Greg Hazen

Stephen
Phillips

Shyler
Meier

Andrea
Weishaubt

Alex Noll

AYE

AYE

AYE

AYE

AYE

Comments from the public that are not on the agenda.

Chair Asher: Do we have any comments from the public for non-agenda items? No.
Item 7:

OLD BUSINESS, GENERAL STAFF REPORT

Chair Asher: Okay, old business.
Stephan Metzger (Staff): We actually had cases to take to County Commission. The Willis case and the other one, which
is Ferreira and O’Brien. Those were both approved by County Commission. They didn’t have any questions or anything
like that. On the zoning stuff, I want to try and get you guys the whole set of draft regs. Because I find when I'm looking at
Zoning Regs, context matters in a lot of that stuff, and you need to be able to flip between chapters in the Zoning Reg. So,
I have found it's not particularly helpful to give you articles one, two and three, when in order to adequately review articles
one, two and three, you also need articles nine and ten. So, my plan, I'm typing it up, thinking about it a lot. So, I'm going
to get you the whole thing, and then we will go through it, module by module. My hope is to start that in the May meeting.
Chair Asher: Are there going to be new zoning districts?
Stephan Metzger (Staff): Yes, but fewer.
Chair Asher: Then, will the County be essentially rezoned?
Stephan Metzger (Staff): Yes. In the sense that the zoning districts that we have now, for the most part, won’t exist
anymore.
Chair Asher: I guess my question is, would that case number one be more of a commercial zoning?
Stephan Metzger (Staff): So, in my staff report….
Chair Asher: I saw that I just didn't know if it would, like, automatically get that new zoning and allowed uses?
Stephan Metzger (Staff): So, the way we have it proposed now is in order really to be eligible for that zoning change, now
anyone can request it at any time. So it's a point system, kind of like our LESA analysis but for commercial zoning, and so
the way I have it right now is lake commercial, neighborhood commercial, highway commercial, any of those would require
at least 25 points in that scoring system in order for me to even be eligible to recommend approval to you all.
Chair Asher: So, you're not going to create a new zoning map and be like this area now is commercial.
Stephan Metzger (Staff): Only in a very limited number of cases. So, for example, the strip center outside of Meriden is
already zoned commercial. So, if it's already zoned commercial, it'll stay zoned commercial. And then there, this is
something we need to talk about. There are other areas, for example, the Dollar General, Bernies, north of Perry, that's
currently zoned residential. We would need to have a conversation about what do we do with something like that.
Chair Asher: Right, because it seems counterproductive to create all of these legal, non-conforming uses.

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March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial

Stephan Metzger (Staff): Agreed. But there is a very specific way in which you have to adopt something like that which
we're covering in all of the regs. Sometimes the zoning district being Rural Residential, for example, Bernies in Perry is
zoned Suburban Residential. There's nothing really Suburban Residential about the actual use of the property. And so, by
having those districts the way we have them and the way we implemented them, it creates those weird discrepancies. So,
we're kind of aiming for, we are calling it a rural district, not an ag district, because it's going to encompass tracts that are
quarter section or bigger and down to five acres that were ag splits. So, we are calling it a rural district that will be nearly
the whole County. Then we will have development area two which will be only four places, Lakewood Hills, Lake Shore,
Lakeside, and Lake Ridge Estates. So those four would be the only DA2, and then DA1, which this area that we discussed
tonight would be zoned, as of right now, DA1, which are small development areas that are, I think I have 20 or more lots or
houses that are five acres or more dense. So, if it’s a 100 acres, the whole area is 100 acres, you would need to have 20
houses within that 100 acres for it to be a development area or more, and there's about 20 or 30 of those, some really, really
small. Northwind down by where you guys are would be a development area, all the way up to Lake Dabinawa would also
be a Lake Development area. So, one of the commercial districts would be a neighborhood commercial district that could
really only be ideally adjacent to one of those development areas. Which is why, in my staff report, I noted there were two
potential, Lake Commercial, Neighborhood Commercial, so it wouldn't have meant you would have had to approve it.
There's just like tonight; there are a million extenuating circumstances that come into play. It's just sort of like a, it's trying
to make that initial request less guesswork by us, so that we can tell an applicant, hey, you want to do this, it only scores
like 15. Tough, tough luck.
Stephan Metzger (Staff): Because it's on a highway, and because you're close to boat ramps and trailheads and things like
that….
Commissioner Meier: If I was on Wellman Road, it wouldn't score as high.
Chair Asher: Single family homes and ag use are still going to be the only by right use?
Stephan Metzger (Staff): Correct.
Commissioner Meier: There will be an option to develop it into something if it meets the criteria.
Stephan Metzger (Staff): And we're also, as part of this, right now, our regs say, any conditional use anywhere, anytime,
so long as you approve it. We are currently planning to really constrain that so that you can’t do some of the Conditional
uses that maybe are appropriate on an 80 acre tract, on a 20 acre tract, under no circumstances, no amount of conditions that
you can put on it, to make it appropriate here.
Chair Asher: Which makes our job easier, makes your job easier.
Stephan Metzger (Staff): Exactly. Because a lot of what we do when people come in, we are trying to be helpful to
applicants and to the public. A lot of it is guesswork, especially when it comes to conditional uses. We just don’t know, we
have a pretty good idea, you know about, hey, if you don’t have road frontage, be prepared to talk about that. If there are
things like lighting or you're just planning on putting no security gate in wide open storage on Wellman Road, you might
want to be ready to address some of those things. This change would just make the guess work less on our end. Hey, this
scored 15 over here, probably not going to work.
Chair Asher: Sounds good.
Stephan Metzger (Staff): And then, of course, we have full board. And then also, last thing, I will be gone April 2 through
April 17th, if you need anything, bother Erin.
Chair Asher: Is this your honeymoon?
Stephan Metzger (Staff): Yes.

19

March 23rd, 2026 Planning Commission Meeting Minutes – Unofficial
Chair Asher: Congratulations. Any update on how many lots you've sold, lake lots.
Stephan Metzger (Staff): So, the last meeting was weird, but right now, so this would've been a full year and we were just
under 200 for a full year. And because of that we're kind of starting to get into some trickier lots that people are buying.
We've gotten rid of a lot of low hanging fruit, and now we're trying to work on some of the other stuff.
Commissioner Meier: What about Wellman Road storage?
Stephan Metzger (Staff): I knew you were going to ask that. I called but I have not received anything back from them.
Chair Asher: Is there no….like they haven't moved on the item, and so now it just automatically gets….
Stephan Metzger (Staff): I wish our regs said something like that, but they do not. Douglas County does, which I've learned,
writing the regs.
Chair Asher: Don't ever try to build anything in Douglas County.
Stephan Metzger (Staff): Anyway, but we don't and County Commission's tabling was really open ended. So, I just don't
have…..
Item 8:

NEW BUSINESS - None

Chair Asher: Okay. Greg, Steve, do you have anything? Nope. Anyone want to make a motion to adjourn?
Commissioner Meier moved to adjourn the meeting. Vice Chair Hosler seconded. All said aye.
Item 9:

Adjournment – 8:32 PM
Minutes completed by: ___________________________________
Erin George
Approved:

___________________________________
Date

Chair:

___________________________________
Tiffany Asher

Secretary:

___________________________________
Stephan Metzger (Staff)

20

3/13/26, 9:53 AM

Microsoft Forms

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Respondent

13

Anonymous

32:42
Time to complete

1. Case Number *
CU2026-01

2. Name *
Anthony Roe

3. Your Physical Address *
11127 46th St Perry Ks

4. E-Mail Address *
[email protected]

5. Public Comment *
-The proposed conditional use permit for
11096 43rd St has an easement to this property.
-There are no less than 8 boat storage facilities on the east side of Perry Lake from the town of Perry to Slough Creek camp ground already.
-I am concerned about what would be considered “low impact” lighting. Some of the current boat storage areas lighting is considerably bright.
-The RWD#2 has a water main that runs through the property where the proposed boat storage buildings would be built. There cannot be buildings built on top of
the water lines in the district.
-Thank you

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