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Planning Commission Minutes
Colby-Thomas County Metropolitan
Area Planning Commission

December 15, 2017


The Colby-Thomas County Metropolitan Area Planning Commission of the City of Colby, Kansas, met in regular session on Friday, December 15, 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, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine.

ABSENT:  Shelby Barnett, Sue Evans, Jim Malcolm.

ALSO PRESENT:  Tyson McGreer, City Manager; Joni Ketchum, City Clerk; Sean Hankin, Assistant Fire Chief; Melanie Voss, Farm & Ranch Realty; Eric Clawson, Fireworks Leasing, LLC; Mike Woofter, Chance Management; Patrick Toth, Kansas Quick Lube.

APPROVAL OF NOVEMBER 16, 2017 REGULAR MEETING MINUTES:

MOTION BY Paul Bailey, seconded by Rob Stithem to approve the minutes of the November 16, 2017 regular meeting as corrected. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Jim Malcolm. Chairman Schwanke declared the motion carried.


OLD BUSINESS:

None.

NEW BUSINESS:

{PUBLIC HEARING} – PETITION FOR REZONING REQUEST FROM A R-1 SINGLE FAMILY DWELLING DISTRICT TO A C-2 NEIGHBORHOOD COMMERCIAL DISTRICT FROM WWS, INC. MICHAEL WOOFTER, PRESIDENT FOR A PARCEL CONTAINING 5.00 ACRES- The Public Hearing for the request from WWS, Inc., Michael Woofter, President, to rezone a parcel of land containing 5.00 acres from R-1 to C-2 was opened at 9:31 A.M. and with no comments from the public closed at 9:32 A.M. 

DISCUSSION/RECOMMENDATION – TO CITY COUNCIL FOR REZONING FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT FOR WWS, INC. MICHAEL WOOFTER, PRESIDENT FOR A PARCEL CONTAINING 5.00 ACRES- MOTION BY Rob Stithem, seconded by Doug Lewis to approve and recommend to the City Council the rezoning of a parcel of land containing 5.00 acres from an R-1 Single Family Dwelling District to a C-2 Neighborhood Commercial District for WWS, Inc., Michael Woofter, President. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Jim Malcolm. Chairman Schwanke declared the motion carried.

{PUBLIC HEARING} – PETITION FOR REZONING REQUEST FROM R-1, SINGLE FAMILY DWELLING DISTRICT TO A C-2 NEIGHBORHOOD COMMERCIAL DISTRICT WWWW, INC. MICHAEL WOOFTER, PRESIDENT FOR A PARCEL #097-154-18-0-00-00-002.0- The Public Hearing for the request from WWWW, Inc., Michael Woofter, President, for the rezoning for a parcel of land from R-1 to C-2 was opened at 9:33 A.M. and with no public comments was closed at 9:34 A.M. 

DISCUSSION/RECOMMENDATION – TO CITY COUNCIL FOR REZONING FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT FOR WWWW, INC. MICHAEL WOOFTER, PRESIDENT PARCEL # 097-154-18-0-00-00-002.0-  MOTION BY Paul Bailey, seconded by Mark Miller to approve and recommend to the City Council the rezoning of parcel #097-154-18-0-00-00-002.0 from R-1 Single Family Dwelling District to C-2 Neighborhood Commercial District for WWWW, Inc., Michael Woofter, President. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Jim Malcolm. Chairman Schwanke declared the motion carried. 

{PUBLIC HEARING} – PETITION FOR REZONING FROM R-1, SINGLE FAMILY DWELLING DISTRICT TO I-1 INDUSTRIAL DISTRICT BY THE COLBY IMPLEMENT, LLC- The Public Hearing for the rezoning of a parcel of land containing 4.00 acres from R-1 to I-1 by Colby Implement, LLC was opened at 9:34 A.M. and with no public comments was closed at 9:35 A.M.

DISCUSSION/RECOMMENDATION – TO CITY COUNCIL FOR REZONING REQUEST FROM THE COLBY IMPLEMENT, LLC. FOR A PARCEL CONTAINING 4.00 ACRES- MOTION BY Paul Bailey, seconded by W.G. Romine to approve and recommend to the City Council the request for rezoning a parcel containing 4.00 acres from R-1 Single Family Dwelling District to I-1 Industrial District by Colby Implement, LLC. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis,  Rob Stithem, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Jim Malcolm. Chairman Schwanke declared the motion carried.

{PUBLIC HEARING} – PETITION FOR REZONING FOR 1929 S. RANGE AVE. FROM FIREWORKS LEASING, LLC. TO REZONE FROM A C-1 COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT- The Public Hearing for the rezoning for 1929 S. Range Avenue from Fireworks Leasing, LLC from a C-1 Commercial District to C-2 Neighborhood Commercial District was opened at 9:35 A.M. Eric Clawson from Fireworks Leasing, LLC was present to answer any questions that the commission members or the public might have about the reason for the request. He explained that it will be a pre-engineered building with a storefront look to the street for the purpose of selling retail fireworks. Mr. Clawson added that during the rest of the year they might sell other retail items such as Halloween costumes, Christmas decor, bounce houses and birthday party items to utilize the building as much as possible. Tyson said that fireworks are not allowed in a C-1 zone that is the reason for this request to rezone the property to a C-2. He told the commission members that the properties to the south are all C-2 so it wouldn’t necessarily be spot zoning. Doug mentioned that his biggest concern is the way the building will look on the outside because he’s seen some pretty outrageous stores when he travels. Mr. Clawson explained the type of buildings they put up. He also wanted to let the commission members know that they typically don’t store fireworks in their buildings in the off-season and they are willing to conform to whatever the City would want them to do. The Public Hearing was closed at 9:46 A.M.

DISCUSSION/RECOMMENDATION – TO CITY COUNCIL FOR REZONING REQUEST FROM FIREWORKS LEASING, LLC FOR PROPERTY LOCATED AT 1929 S. RANGE AVE.- After more discussion on the zoning change for Fireworks Leasing, LLC, Doug stated that he didn’t have a problem with the request. Paul asked Tyson what it would open the City up to and Tyson mentioned that the setbacks in a C-1 versus a C-2 are different. Bob read the types of businesses that are allowed in a C-1 and a C-2.  After listening to what would be allowed in the C-2, Paul said that he didn’t have a problem with the zoning change. MOTION BY Doug Lewis, seconded by Paul Bailey to approve and recommend the request from Fireworks Leasing, LLC rezone 1929 S. Range Avenue from a C-1 Commercial District to a C-2 Neighborhood Commercial District. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Jim Malcolm. Chairman Schwanke declared the motion carried.

Rob Stithem excused himself from the meeting at 9:50 A.M.

REVIEW/DISCUSSION – PETITION FOR ANNEXATION REQUEST FROM MICHAEL WOOFTER FOR A TRACT OF LAND LOCATED IN THE NW/4 OF SECTION 18, TOWNSHIP 8, SOUTH, RANGE 33 WEST, THOMAS COUNTY, KANSAS- There was no discussion on this item.

RECOMMENDATION TO CITY COUNCIL FOR THE ANNEXATION REQUEST FROM MICHAEL WOOFTER FOR A TRACT OF LAND LOCATED IN THE NW/4 OF SECTION 18, TOWNSHIP 8, SOUTH, RANGE 33 WEST, THOMAS COUNTY, KANSAS- MOTION BY Paul Bailey, seconded by Mark Miller to recommend to the City Council the annexation request from Michael Woofter for a tract of land located in the NW/4 of Section 18, Township 8, South Range 33 West, Thomas County, Kansas. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Rob Stithem, Jim Malcolm. Chairman Schwanke declared the motion carried.

REVIEW/DISCUSSION – PETITION FOR REZONING REQUEST FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT FOR MICHAEL WOOFTER FOR A TRACT OF LAND LOCATED IN THE NW/4 OF SECTION 18, TOWNSHIP 8, SOUTH, RANGE 33 WEST, THOMAS COUNTY, KANSAS- There was no discussion on this item.

DISCUSSION/ACTION – SET PUBLIC HEARING FOR REZONING FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT FOR MICHAEL WOOFTER TO JANUARY 11, 2018 AT 9:30 AM. IN THE COUNCIL CHAMBERS OF CITY HALL- MOTION BY Doug Lewis, seconded by W.G. Romine to set the Public Hearing for the rezoning from R-1 Single Family Dwelling District to C-2 Neighborhood Commercial District for Michael Woofter to January 11, 2018 at 9:30 A.M. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Rob Stithem, Jim Malcolm. Chairman Schwanke declared the motion carried.

DISCUSSION/ACTION – DRIGGS DESIGN GROUP REQUESTING THE REVIEW OF THE PRELIMINARY PLAT FOR THE WOOFTER 2ND ADDITION- Tyson explained that Driggs Design Group is requesting that the commission review the preliminary plat for the Woofter 2nd Addition. He added that it meets all the setbacks and zoning regulations. MOTION BY Paul Bailey, seconded by Mark Miller to approve the preliminary plat for the Woofter 2nd Addition. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Rob Stithem, Jim Malcolm. Chairman Schwanke declared the motion carried.

DISCUSSION/ACTION – DRIGGS DESIGN GROUP REQUESTING THE APPROVAL OF THE FINAL PLAT FOR THE WOOFTER 2ND ADDITION- MOTON BY Paul Bailey, seconded by Doug Lewis to approve the final plat for the Woofter 2nd Addition. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Rob Stithem, Jim Malcolm. Chairman Schwanke declared the motion carried.

DISCUSSION/RECOMMENDATION – REQUEST FROM LYNETTE RITTER DAYCARE FOR HOME OCCUPATION PERMIT ADDRESS CHANGE- W.G. asked questions regarding the process for approving Daycare Home Occupation Permits. Sean told him that he inspects the home and so does the state. Tyson stated it is basically a formality for the City to approve the permits after the inspections are complete. MOTION BY Paul Bailey, seconded by W.G. Romine to approve the Daycare Home Occupation Permit for Lynette Ritter at her new address. VOTING AYES: Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, W.G. Romine. NOES: None. ABSENT: Shelby Barnett, Sue Evans, Rob Stithem, Jim Malcolm. Chairman Schwanke declared the motion carried.


Rob Stithem arrived at 10:30 A.M.


REPORTS & DISCUSSIONS:

UPDATE ON PROJECTS-

Bob reported:

The new Foley building is moving forward.

Celebration Church is working on the inside putting sheetrock up and installing the electric and plumbing.

El Dos has not come and got a building permit yet.

The commission discussed roundabouts. Tyson stated that a comprehensive study needs done.


ADJOURNMENT:

MOTION BY Rob Stithem, seconded Doug Lewis to adjourn the meeting at 10:46 A.M.  VOTING AYES:  Charles Schwanke, Paul Bailey, Mark Miller, Doug Lewis, Rob Stithem, W.G. Romine.  NOES: None.  ABSENT:  Shelby Barnett, Sue Evans, Jim Malcolm.  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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