Planning commission approves CUP for butchering operation
- Charlene Sims, Journal staff
- 21 hours ago
- 8 min read
By Charlene Sims, Journal staff
MOUND CITY – The Linn County Planning Commission recommended approval for three cases on Tuesday, March 31, one conditional use permit (CUP) and two rezoning. The CUP for a butcher shop/slaughterhouse did not appear to comply with Linn County Zoning Regulations that designates commercial slaughterhouses to Industrial zones, not Agricultural.
The CUP case was for the Thomas Yoder Custom Butcher Shop at 12891 W. 2200 Road, La Cygne. The 38.3-acre site is a half mile west of Prairie View High School.
Questioning from planning commission members David Fisher and Brad Aust brought out the fact that the application was not for a retail butcher shop but rather a small-scale slaughterhouse.
During questioning by commissioners, it became apparent that Yoder had not submitted to the commission a site plan with his application, the operation had not be approved by the Kansas Department of Health and Environment, and there was no concrete plan for wastewater disposal. Also lacking was information on the impact on the rural water district and sufficient electrical service to operate refrigeration equipment.
Nonetheless, the commission voted unanimously to recommend that the Linn County Commission approve the CUP.
First, Fisher asked about the hours of operation, 7 a.m. to 6 p.m. recommended by Planning and Zoning Director Jennifer Cummings.
Fisher asked, “Are you expecting a lot of clients coming and going for this type of operation?”
Yoder answered, “Not necessarily, we’re not planning on retailing meat, so it will basically be an individual bringing their own livestock. We kill it and they come and pick it up.”
Fisher wanted to clarify that processing could go on outside of those hours just not customers arriving and leaving. Cummings said those hours were for customers coming to the facility but there also might be the occasional deer hunter who brings in a deer after hours.
Aust asked Yoder, “What kind of capacity are you looking at?”
Yoder answered, “That’s a tough question I don’t want to get big. I would say maybe 15 beef a week, not more than 20. I really would think 12 to 15 beef a week and possibly up to 20 hogs a week.”
Aust asked, “Are you going to kill everyday of the week or certain kill days?”
Yoder answered, “No, we would only be killing two days of the week under normal circumstances. Basically killing beef one day and hogs another.”
Fisher asked about the odor control.
Yoder said the main issue with odor would be the offal, and he said they would be looking at a rendering service of some kind. Yoder said that had to be contained in a cool room of some kind until the services comes to pick it up.
Aust asked “What have they got for water out there?”
Yoder answered that they had rural water there.
Aust asked how large the water line was?
“I couldn’t tell you,” Yoder said.
Aust said that an operation like that does require a lot of water.
Yoder agreed, “There’s quite a bit of water going to be used.”
Aust then asked, “And then what are you going to do with the wastewater?”
Yoder answered, “Well, I’d like to see about a lagoon, but that’s pending. it would have to run through a septic I’m sure.”
Aust asked, “Have you had a site plan visit with the Kansas Department of Health and Environment (KDHE)? I think that would be a huge determining factor.”
Aust said he thought it would be something Linn County and neighboring counties would really use.
“My big concern is just where the location is and jumping through the hurdles with KDHE and the only reason I go through this is because about three years ago I did the same thing,” Aust said. “I do believe there could be other opportunities within the county that may be a better fit if you run into trouble with KDHE.
“But I think this business is a much needed business.for this county, this part of the state and there is a huge need. It’s a growing business. I’m excited that you are thinking of this and that you have enough energy to do this because it is a battle.”
After planning board member Steve Miller clarified what Yoder had said about powering the coolers with a generator discussion was held about what kind of electricity was available at the location.
“There could be other places that could be more feasible with three-phase electricity,” Aust said. “The dealing with the offal is a big, big, problem and there are rendering services that you are up against their schedule. But there are a lot of different options, not necessarily compost but incinerators. I think incinerators work really good.”
The planning commission recommended that the CUP be approved with the following conditions read by Cummings in her staff report given orally during the meeting:
Compliance with all local, state and federal regulations including the Kansas Department of Agriculture (KDA) and KDHE requirements.
Waste disposal plan must be submitted and approved prior to operation.
Adequate water and septic systems must be verified and permitted. Fisher added later in the meeting that the waste disposal plan be submitted in writing.
Hours of operation limited to 7 a.m. to 6 p.m. unless otherwise approved.
No retail sale unless future amendment or CUP is approved.
Driveway and access improvements as required by the county road department.
Site plan approval required prior to construction.
CUP review after one year of operation to ensure compliance.
Cummings refused to comply with a request by the Linn County Journal for written copies of her staff reports and applications of any of the cases heard that evening.
Tract rezoned from Agricultural to Countryside
The next case approved was a rezoning of 7.21 acres at 18155 KS Highway 52, Mound City, from Agricultural to Countryside. The rezoning was applied for by C & C Properties and Land Management to seek rezoning of the small acreage to Countryside to allow for future residential use, consistent with the Countryside zoning district in the Linn County Zoning Regulations. The representative for the company is Carlee Campbell.
Cummings told the planning commission that the Countryside zoning district is intended to support low density rural residential development, allow limited agriculture uses, provide a transition between ag land and rural residential.
Edna Troth, an owner of bordering property, questioned why the zoning had to be changed when all the land around it was zone Agricultural.
“Anything that falls under 10 acres can be considered Countryside,” planning commission member Hal Aggers explained. “So this is 7.21 acres. So this is the reason for the zoning change, it’s called Countryside. Anything from 0 to 4.9 acres is Residential.”
The planning board went over findings of why the zoning change should be approved. A motion was made to recommend the approval of the zoning change to the Linn County Commissioners. It passed unanimously.
YouthFront zoning change approved on split vote
The last case approved by the planning commission was to second hearing on rezoning 257.91 acres owned by Youthfront from Agricultural to Heavy Industrial. Topher Philgreen was there to represent Youthfront. The location of the site is 22724 E. 2400 Road, La Cygne.
Cummings read her staff report and said that there had been two people who had contacted her against it. One was an unidentified person who walked into the office and expressed concern about potential industrial uses and impact on nearby residences. The other was an email from Stephanie Walker, who lives in close proximity to the site. No other information was given on the email from Walker.
The rezoning had been approved by the planning commission on Jan. 13, 2026, to be sent to the commissioners. However, after it became apparent that not all owners of land in the immediate area had been contacted about the hearing, it was decided to hold a second hearing.
But even though it had been previously approved, planning board members still asked questions and nearly ended up not passing it because of lack of a second.
Aggers asked why Youthfront wanted to change the zoning now before they found a person to lease or buy it.
Philgreen answered, “Because of where it’s uniquely situated. It’s uniquely situated in a place that’s already surrounded by heavy industrial activity, a highway that’s loud, with a power plant with a smoke stack that is loud. I mean there’s a lot of things that make this property unique. And so we’ve gotten counsel on what’s the best way we can bring the best use for our ministry. The best thing we can offer is get it rezoned so that it’s ready to go when we go out there an look for a partner.”
Linn County resident Reina Kratzberg said that she was concerned about the change of 260 acres changed from agricultural to heavy industrial.
“I could see where that would be a big bonus for them to bring in a data center or Bitcoin or crypto or something like that and I don’t want to see that happen in Linn County. A little bit of the research I did on your company: If you follow the money back, you guys are funded by the Lilly company,” said Kratzberg. “I did come across that, who is a large one of the top four pharma companies. So, I had a little bit of concern there.”
Philgreen told the planning commission that Youthfront was a non-profit and had been donor supported for 80 years. He said they had received a competitive grant from the Lilly Foundation. He said that Lilly had a whole Christian subsection that does thousands of grants to Christian organizations to do research projects.
He also told the commissioners that any grants that they get whether it’s from the Department of Justice for prison programs that Youthfront does with kids or the Lilly grants for the faith in service projects are very regulated and can only be done for specific research.
Aust, new to the planning commission since Youthfront was there in January, asked several questions about the quarry on the property.
Aust stated, “I guess my concern is with when it’s fulfilling what it’s been approved, right?”
Aggers said he had a concern about changing it to heavy industrial before the commission knows what’s going to happen. Aust agreed.
“I hate to change it to Industrial and vaguely not know,” said Aggers.”Who’s going to buy it and and what are they going to throw. Why do they want to all of a sudden change it to Heavy Industrial?”
Aust said he would be more supportive of changing it if there was an intersection for that road at the four-land highway. Road access was then discussed by the planning commission and how the people along the road from the highway intersection and the quarry location were affected.
The county will still maintain control of what industrial businesses go into the area. A conditional use permit application is required of all new businesses.
After the discussion planning commission member Daniel Black made the motion to approve the rezoning. No one made a second, so Fisher seconded. The approval passed 4 to 2 with Aggers and Aust voting against the motion.
On Feb. 2, 2026, when the Linn County Commissioners heard the case it was brought up by Commission Chair Alison Hamilton that she believed that there had been an error in the notification of landowners within 1,000 feet of the property as she had received complaints.
A recess was taken that day to review the notifications that had been sent, and it turned out that the 1,000-foot measurement for notifying landowners was taken from the front gate of the property and not from the borders of the property.
After the recess, Linn County Counselor Jacklyn Paletta said, “So at this point my recommendation is to send it back to planning and zoning to ensure that everybody receives statutorily required notice,” said Paletta.
The next planning and zoning meeting was to be held the second Tuesday in March but was postponed until March 31, making it 2 1/2 months since the rezoning was originally approved by the planning commission.