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Planning commission recommends 20-year CUP for Tidtree LLC; clarifies firewood-sales condition

June 03, 2025 | Miami County, Kansas


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Planning commission recommends 20-year CUP for Tidtree LLC; clarifies firewood-sales condition
The Miami County Planning Commission voted 9-0 on June 3 to recommend approval of Conditional Use Permit 25002 for Tidtree LLC, a contractor shop and yard on a rural property north of Hillsdale.

The commission’s recommendation included a modification to Condition No. 9 to permit limited transport of off‑site material to the site for sale as firewood during specified hours while continuing to prohibit off‑site dumping, burning and long‑term storage of waste. Planning staff said the Board of County Commissioners previously stated support for Tidtree selling firewood, and commissioners moved to make that allowance explicit in the CUP conditions.

Commissioners heard from planning staff and applicant Chris Tidd about operations and site controls. Staff described the property as several miles north of Hillsdale, bounded on the west by U.S. 169, on the east by a railroad right of way and on the north by West 230 Ninth Street. Staff said the parcel is largely surrounded by large properties, with a handful of smaller residences along a nearby road, and noted the applicant intends most storage and equipment to be kept inside the proposed building. Staff said the applicant will locate a fueling station behind the building and expects some employees to park inside the shop; a small number of exterior parking spaces are planned.

Staff estimated daily vehicle trips at roughly 42 to 60 per day based on the applicant’s employee counts, and said the county will require dust control on the portion of road adjacent to residences to reduce impacts. "From the applicant's narrative, his primary desire would, I believe, to be to store all of the material and equipment inside of the structure," planning staff said. "So, there shouldn't be very much material outside."

Commissioners discussed screening requirements and consistency across CUP cases. Staff said the commission has generally required screening—frequently a 25‑foot spacing of evergreen trees or an equivalent berm and planting—when operations are visible to neighbors, but that they have sometimes waived screening where large setbacks made it unnecessary. "We've done a range of different types of screening and amount of screening," staff said, noting the commission had previously allowed a 20‑year CUP for similar large, setback properties.

On fire safety, staff and commissioners discussed fire‑protection design. Planning staff said the commercial building must comply with fire code and that, where sufficient water for suppression is not available, the applicant will submit a fire protection plan prepared by an engineer that could include additional exits or other measures. Staff noted that Miami County contracts with Fire District No. 1 (Johnson County) for much of the area’s service; while the fire district provides recommendations, the county’s code department has the final say.

Applicant Chris Tidd asked for explicit confirmation that he may sell firewood from the site and said any public sales would likely be seasonal and infrequent (for example, a single Saturday each month). "I just wanna clarify a couple things. It was recommended by the commissioners for firewood sales, but there's nothing in this about firewood sales in the very last line," Tidd said during his remarks. Planning staff reviewed county meeting minutes and confirmed Commissioner Roberts had said Tidtree should be able to pile logs to sell for firewood; staff proposed revising the condition to allow transport of off‑site material to the site for sale as firewood during limited hours and to prohibit other off‑site waste activities.

The commission voted to recommend approval with the modified Condition No. 9; the item will return to the Board of County Commissioners for final action.

The staff report also noted a prior approval year earlier and that the planning commission had retained a 20‑year permit term given the property's large size and setback characteristics.

Clarifying details from the meeting: staff estimated 42–60 vehicle trips per day from employees; the property is approximately 40 acres and is bordered by U.S. 169, a railroad right of way and West 230 Ninth Street; dust control on the road segment adjacent to residences was proposed as a condition; screening (berm and trees or 25‑foot evergreen spacing) was recommended; the CUP is tied to the land and would require new owners/operators to appear before the commission if ownership or operation changes.

The recommendation is advisory; the Board of County Commissioners will make the final decision and set any final permit term and conditions.

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