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Planning Commission Minutes
Colby-Thomas County Metropolitan
Area Planning Commission

September 14, 2017


The Colby-Thomas County Metropolitan Area Planning Commission of the City of Colby, Kansas, met in regular session on Thursday, September 14, 2017, at 9:30 A.M. in the Council Chambers.  Chairman Charles Schwanke called the meeting to order.

ATTENDANCE:

PRESENT: Chairman Charles Schwanke. Members Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee.

ABSENT: Mark Miller, Sue Evans, Doug Lewis.

ALSO PRESENT:  Tyson McGreer, City Manager; Joni Ketchum, City Clerk; Sean Hankin, Assistant Fire Chief; Terry Overton, Building Official; Mike Baughn, Thomas County Commissioner; Gary Adrian, Mayor; Bill Shields, CPS.


APPROVAL OF AUGUST 10, 2017 REGULAR MEETING MINUTES:

Ivan mentioned that his name was listed as presented and gone on the minutes and Wayne noticed the same thing about himself. Charles asked the City Clerk to correct those minutes. MOTION BY Paul Bailey, seconded by Shelby Barnett to approve the minutes of the August 10, 2017 regular meeting as corrected. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee. NOES: None. ABSENT: Mark Miller, Sue Evans, Doug Lewis. Chairman Schwanke declared the motion carried.


OLD BUSINESS:

None.


NEW BUSINESS:

REVIEW/RECOMMEND – REQUEST FROM THOMAS COUNTY BOARD OF COMMISSIONERS FOR THE VACANCY OF STREETS AND ALLEYWAYS FOR THE CONSTRUCTION OF THE NEW THOMAS COUNTY JUDICIAL CENTER WITH THE RECOMMENDATION OF ORDINANCE NO. 1585- Tyson asked if the Commission members were clear regarding the streets and alleys that were requested be vacated and all members said they understood. Ivan wanted to know if the utilities would have to be moved and Tyson answered that they have already been relocated. Charles asked Sean if the Fire Department had any issues with vacating any of the streets or alleys and Sean told him that everything was good. MOTION BY Ivan Lee, seconded by Rob Stithem to approve Ordinance No. 1585 vacating the streets and alleyways for the construction of the new Thomas County Judicial Center. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee. NOES: None. ABSENT: Mark Miller, Sue Evans, Doug Lewis. Chairman Schwanke declared the motion carried.

REVIEW/RECOMMEND – SPECIAL USE PERMIT REQUEST FROM CROP PRODUCTION SERVICES FOR THE PLACEMENT OF ANHYDROUS AMMONIA TANKS IN A 20-ACRE TRACT IN W1/2 8-8-33 – 1525 WILLARD DR. - Bill Shields from Crop Production Services (CPS) addressed the commission regarding the placement of anhydrous ammonia tanks west of their dry plant that is southeast of town. He stated that the plant meets all state and federal standards regarding the tanks. Right now CPS has four smaller tanks at their location south of town that used to be Colby Fertilizer. Bill said they would tear those down and place the two bigger tanks at the dry plant. Wayne asked if the plant was in the city limits and Bill told him yes, that they were annexed in when the facility was built. Bill went on to explain that the tanks will have automatic shut-offs and how they worked. Sean discussed the scenario if there was a leak and how the fire department would handle it. He added that the chances are minimal. Bill said there is more likely to be a leak from the trucks that drive down Range and Country Club carrying the anhydrous ammonia than there is from the tanks. He told the commission members that CPS can make sure that there is a water source near the tanks in case of a leak and Tyson asked if that could be a part of the permit. Bill said he would do some checking on it. Wayne asked if there would be a fence around the tanks. Bill said it was not in the plans, but there will be a security system and plenty of lights. If a fence is required, they will put one up. Paul said he had no problem with the request for the tanks and the other members agreed. MOTION BY Paul Bailey, seconded by Wayne Sulzman to approve the special use permit for anhydrous tanks at Crop Production Services and recommend it to the Council. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee. NOES: None. ABSENT: Mark Miller, Sue Taylor, Doug Lewis. Chairman Schwanke declared the motion carried.

DENNIS MEITL ADDRESSING THE AMENDING OF ZONING REGULATION ARTICLE 1 SECTION 21-103- Dennis Meitl addressed the commission regarding the amendment of Zoning Regulation Article 1, Section 21-103. His son wants to build an accessory building in his back yard and he is concerned with the height limit within the amended regulations.

REVIEW/RECOMMEND – THE AMENDMENT TO ORDINANCE NO. 1527 ZONING REGULATIONS ARTICLE 1 SECTION 21-103, SINGLE FAMILY DWELLING DISTRICT WITH THE RECOMMENDATION OF ORDINANCE NO. 1584- Tyson said that he has had a couple of attorneys read over the amended zoning regulations. The height issue has been discussed multiple times and Tyson feels that they need to make the existing regulations more clear. Dennis Meitl stated that the sidewalls of an accessory building should be at least ten feet to be able to get any of the current pickups or SUV’s in it. As the discussion went further, he suggested that the pitch of the roof also match the main building. Dennis said this should take care of an oversized accessory building when you take into consideration all the other required dimensions. Terry said it would make it easier for him if there was just a specified height limit that he could go by. Tyson said that does not always work because of the difference in the size of homes. He used his as an example because his is a split-level and the existing code says he can build an accessory building up to the height of his home, which is eighteen feet. He said this does not work if you have a ranch style home that is only around thirteen feet. Charles said they also need to take into consideration how that accessory building will block the neighbor’s yard of sun or shade. Terry stated that they could not worry about that. He told the commission that his neighbor’s tree has shaded most of his backyard for several years. After more discussion, Tyson suggested that they table this item and he will revise this section and bring it back to the next meeting.

REVIEW/RECOMMEND – SPECIAL USE PERMIT FOR SEMI-TRAILERS AND SHIPPING CONTAINERS- Tyson explained to the commission that this is an annual request. He added that there has never been any problems with Walmart and the shipping containers. MOTION BY Ivan Lee, seconded by Paul Bailey to approve the Special Use Permit for semi-trailers and shipping containers for holiday storage at Walmart. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee. NOES: None. ABSENT: Mark Miller, Sue Evans, Doug Lewis. Chairman Schwanke declared the motion carried.

REVIEW/RECOMMEND – APPLICATION FOR NEW HOME OCCUPATION FROM DERIAN HORINEK – LITTLE WHO’S DAYCARE- Sean told the commission that this house has been inspected and she is a good addition for a daycare. MOTION BY Paul Bailey, seconded by Wayne Sulzman to approve the new Daycare Home Occupation Permit for Derian Horinek. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee. NOES: None. ABSENT: Mark Miller, Sue Evans, Doug Lewis. Chairman Schwanke declared the motion carried.

UPDATE ON PROJECTS-

Terry reported:

Western State Bank is doing finish work.

Bainter has sold more of the homes on Dylan and Sewell.

Foley’s new building is moving along.

Kuhlman’s house in Eco Acres is slowly moving forward.

The tesla charging station is complete.

Joe Heskett might come to ask for the vacation of the area behind his home.


REPORTS & DISCUSSIONS:
 
Tyson reported:

The City is working with the State on the old Kriss property for it to become a state run nature facility.

Charles reported:

He read the resignation of Wayne Sulzman as a city appointed member of the Planning Commission. Wayne has moved outside the city limits so will no longer be able to hold his existing position on the commission. Tyson is checking to see if Wayne could be a County appointed member.


ADJOURNMENT:

MOTION BY Shelby Barnett, seconded by Rob Stithem to adjourn the meeting at 11:46 A.M.  VOTING AYES:  Charles Schwanke, Paul Bailey, Shelby Barnett, Rob Stithem, Wayne Sulzman, Ivan Lee.  NOES: None.  ABSENT:  Mark Miller, Sue Evans, Doug Lewis.  Chairman Schwanke declared the motion carried.



__________________________________________
Joni L. Ketchum, City Clerk

The Colby-Thomas County Metropolitan Area Planning Commission of the City of Colby, Kansas, met in regular session on Thursday, August 10, 2017, at 9:30 A.M. in the Council Chambers.  Chairman Charles Schwanke called the meeting to order.


ATTENDANCE:

PRESENT: Chairman Charles Schwanke. Members Paul Bailey, Shelby Barnett, Sue Evans, Doug Lewis, Rob Stithem.

ABSENT: Mark Miller, Rob Stithem, Wayne Sulzman, Ivan Lee.

ALSO PRESENT:  Tyson McGreer, City Manager; Joni Ketchum, City Clerk; Terry Overton, Building Official; Gary Adrian, Mayor; Vernon Hurd, Thomas County Economic Development Director.

APPROVAL OF JULY 13, 2017 REGULAR MEETING MINUTES:

MOTION BY Doug Lewis, seconded by Sue Evans to approve the minutes of the July 13, 2017 regular meeting. VOTING AYES: Charles Schwanke, Paul Bailey, Shelby Barnett, Sue Evans, Doug Lewis. NOES: None. ABSENT: Mark Miller, Rob Stithem, Wayne Sulzman, Ivan Lee. Chairman Schwanke declared the motion carried.


OLD BUSINESS:

Sue brought up the Comprehensive Study to update the zoning regulations. Tyson said he did some research on cost and it would run between $75,000 and $100,000. He added at this point the County is not going to spend $40,000 to $50,000 to update their zoning regulations when they are in the middle of building the judicial center. 


NEW BUSINESS:

A. BEGIN DISCUSSIONS OF CITY ANNEXATIONS- Tyson asked the Planning Commission how they felt about forced annexation. He said there are issues that need addressed so development can be controlled especially on the main corridors into Colby. There are some areas that certain businesses are annexed and some are not. When annexing, the property automatically is zoned R-1, then it would immediately be changed to I-1 or whatever was appropriate for that area. Tyson added that the only options to do this are to force annexation or get the County to update their zoning regulations. He told the commission that he would initiate annexation for the frontage on Horton Avenue and examine Country Club if the members are comfortable with going this route. After more discussion about some of the issues that already exist, the commission members gave their approval for Tyson to move forward with annexation starting with Horton Avenue.   

UPDATE ON PROJECTS- 

Terry reported:

The Foley building is going up quickly.

Western State Bank is sheet rocking now and will be working on the parking lot soon.

Bainter has sold all but two of the lots on Sewell Avenue and Dylan Drive.

Kuhlman’s house in Eco Acres is moving along.

The Tesla project has the retaining wall built. This is for the charging station for electric cars.


REPORTS & DISCUSSIONS:

Tyson mentioned that solar panels are going to be an upcoming item that might come before the Planning Commission.

Tyson told the commission members to think about limiting factors on accessory buildings and bring their ideas back to the next meeting.


ADJOURNMENT:

MOTION BY Paul Bailey, seconded by Doug Lewis to adjourn the meeting at 10:47 A.M.  VOTING AYES:  Charles Schwanke, Paul Bailey, Shelby Barnett, Sue Evans, Doug Lewis.  NOES: None.  ABSENT:  Mark Miller, Rob Stithem, Wayne Sulzman, Ivan Lee.  Chairman Schwanke declared the motion carried.



__________________________________________
Joni L. Ketchum, City Clerk


585 N Franklin Ave • Colby, KS 67701
Ph. 785-460-4400 • Fx. 785-460-4444
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