Planning Commission recommends rezoning of properties in Grant

By Becky Uehling

Grant Tribune-Sentinel

On Monday, Oct. 31, the three-member Grant Planning Commission voted unanimously to recommend the Grant City Council rezone three properties within the city limits. The properties under review are 1011 Garfield Ave., owned by Perkins County Health Services, and two lots south of Grant formerly known as Tharp’s Sale lots belonging to Jason and Ashleigh Noyes, doing business as Flying N Farms, LLC. Current members of the Planning Commission are Randy Heinemann, Richard Thurin and Patricia Jimenez. There is one vacant seat on the commission.

1011 Garfield Ave.

The first parcel the commission dealt with during the meeting included approximately eight acres of property, parcel number 680102752, located at 1011 Garfield Ave., which is currently owned by Perkins County Health Services. PCHS is in the process of selling the lots to the newly formed Western Sky Community Care Center (Western Sky) for the building of a new elder care facility. 

The property is currently zoned as agricultural. Perkins County Health Services requested the property be rezoned to multi-family residential, which would allow the moving ahead of the construction of the elder care facility once the sale is finalized with Western Sky, sometime in November. 

There were no comments pertaining to the request during the meeting, with the current three-member board unanimously voting to recommend the rezoning change to the Grant City Council, which will make the final decision at a future meeting. 

Tharps Sale Lots

Two parcels south of Grant on 61 South Central Ave. were dealt with next. The lots are commonly known as Tharp’s Sale lots with the Parcel numbers of 680102019, which is approximately 5 acres, and 680006192, which is 2.4 acres. 

The lots are currently zoned industrial with property owners Ashleigh and Jason Noyes asking the property to be rezoned as agricultural. 

The Noyeses confirmed their intention to potentially utilize the property to provide a space for children who live in the city limits to house any type of 4-H livestock animal. They also indicated they would potentially like to use the land in the future for ag- related tourism of some sort, thus the need to rezone it as agricultural. 

During the public comment portion of the meeting, Grant resident Marlin Wendell spoke of his concerns of the city’s handling of the process thus far in rezoning of properties. Wendell specifically questioned the fact that the Noyeses had already been keeping cows on the properties in question for approximately a year without the city taking action, despite the city’s ordinance stating that cows are not allowed within the city limits. 

Wendell said when he brought the situation to the attention of City Superintendent Edward Dunn in March of 2022, and he was told by Dunn that the matter would be dealt with. However, the animals were still on the lots in August and September, Wendell said. Wendell questioned whether the Noyeses were getting preferential treatment from the city. 

“It seems like the rules are only for certain people and not for everyone,” Wendell said. 

Wendell currently has three parcels designated as nuisance properties within the city limits that he is working to clear before the end of the year with the city potentially looking at abating the properties if the nuisances are not cleared.

Wendell stated he wasn’t against the Noyeses helping kids with their 4-H projects, but wanted the city’s ordinances and procedures to be equally applied. 

“I just want it to be done right, by the book, and fair to all involved,” Wendell said.”

Jason and Ashleigh Noyes spoke as well during meeting, stating, yes, they had cows on the property, but they were now moved. 

Jason stated he blamed himself for not finding out what the exact ordinance was for the property in question when it pertained to keeping cattle on the property. 

“I didn’t do my due diligence,” Jason said.  

Commission member Richard Thurin questioned Dunn on whether the city’s standard process was followed concerning the cattle present on the Tharp’s Lot property, and if policies pertaining to farm animals within city limits had been followed.

Dunn stated he was not disputing the facts that had been presented, but felt the process was followed.

Dunn stated there was no nuisances present on the lots because of the presence of the cows, and that the Noyeses had come up with a plan that was the most humane for moving the animals. 

Dunn further explained the city’s position in a follow-up email to the Tribune-Sentinel.

In his clarification, Dunn stated the city currently does not have a defined process as it pertains to how to handle a code violation for livestock.

“I have been working on developing a plan that would address this issue in the future so that there are clear expectations as to how we handle the complaint, notice of the violation, the timeline for clearing the code violation, etc.,” Dunn stated in his email. “I was hoping to have something to the council early this month (October) but was unable to complete a first draft. I will have something for the council to update the code book by the second meeting in November, which takes a passing of an ordinance (3 readings, then a vote).”

During the meeting, Thurin stated he was unaware of cows being present on the property and blamed himself for not knowing about it. He also made a statement saying that he hoped the city was being fair to all citizens. 

“There should be a process the city goes through when dealing with this type of issue so this doesn’t happen again,” he said.  

Dunn agreed, stating that there would in the future. 

Also speaking was Grant citizen and business owner Justin Coats. Coats spoke in favor of having the Tharp’s Lots rezoned. Coats’ children are members of 4-H and like having livestock animals to show at the fair. Coats said having the animals close to town is beneficial for his family. 

Dunn stated he questioned everyone around the Tharp’s property about the potential housing animals on the property and did not receive any feedback, good or bad. 

After the public comment period was closed concerning the Tharp’s Lots, the board unanimously approved recommending the rezoning change from industrial to agricultural for the two lots. The City Council will make the final decision at a future meeting. 

For more information on the rezoning process, contact Dunn at 352-2100.