City of Goodland Planning Commission Minutes
10/9/2024
- CALL TO ORDER:
The October 9, 2024 meeting of the Planning Commission was called to order at 6:01 p.m. Planning commissioners in attendance: Matt McKenzie, Grady Bonsall, Mary Ellen Coumerilh and Wallace Hansen. Dennis Snethen was absent. Staff in attendance: Zach Hildebrand, Building Official, Kent Brown, City Manager and Joshua Jordan, IT Director.
2. Public Comment
There was no public comment
- An Ordinance Amending the Text for Chapter 19 Section 202 Definitions.
City Manager Kent Brown stated that this is an Ordinance amending Section 19-202, an Ordinance adopting and amending Section 19-202 of the City of Goodland municipal code to adopt the definition for accessory dwelling unit and omitting design standards for modular and manufactured homes in residential districts. There are some other things that are included; but, this is the whole list of definitions within Section 202. Kent stated we have reviewed the ordinance before. In this final form, there are some comments to the side. What would you like us to do to review the ordinance? Chairman McKenzie stated that let’s just look at the comments. That is what I focused on in the review of the ordinance just to see what the edits were. Let’s hit on the ones that have comments.
First one with comments is accessory dwelling units.
Accessory Dwelling Unit. A second, subordinate dwelling unit located on the same lot as a primary dwelling unit or commercial unit. The unit includes its own independent living facilities with provisions for sleeping, cooking, and sanitation, and is designed for residential occupancy independent of the primary dwelling unit or commercial unit. The unit may have a separate entrance or an entrance to an internal common area accessible to the outside and may or may not be attached to or integrated within the same structure as the primary dwelling unit, including a basement, addition, floor, or portion of a floor.
Commissioner Coumerilh asked if it covers a rental in a basement as well as a mother in law apartment that’s not paying rent? Zach stated it covers nearly everything. Whether it is just a house split with separate entrances to being detached in the back yard. Coumerilh asked if renting or money changing hands – it has nothing to do with it. Zach replied yes. Commissioner Bonsall stated that it doesn’t require a separate power source. It can use the same power. Zach stated when they’re detached is when it really comes into play. Especially if they’re going to be used as rentals because if the person in the house doesn’t pay their utilities, the person in the ADU shouldn’t lose utilities. McKenzie saw in the comments to confirm whether there needs to be a separate tap. McKenzie asked does that need to be in the definition or is that outside of the definition. Zach stated that is in 19-502 and does not need to be in the definition here.
Kent stated that Zach brought up Sections 501 and 502 which is the use table and the uses. And Barb with Community Matters recommended strongly to wait to have the city approve 501 and 502 and do that at the same time that 202 would be approved. Because the definitions kind of go hand in hand with the table and with the uses.
Kent stated that the next one is agriculture. The definition of agriculture in the current code is not good. Zach read the current definition of agriculture.
Agriculture, General: The use of land for the production of livestock, dairy products, poultry or poultry products.
Agriculture, Limited: The use of land for the production of row crops, field crops, tree crops or timber.
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In the proposed ordinance:
Agriculture, crop shall mean farming, including plowing, tillage, cropping, utilization of best management practices, seeding, cultivating or harvesting for the production of food and fiber products;
Agriculture, livestock the grazing or raising of livestock (except in feedlots); nurseries, tree farms, aquaculture; sod production; orchards; nurseries; and the cultivation of products commonly grown in Sherman County.
Kent asked if that made sense. Bonsall asked about people having chickens in their backyard, is it affected by prohibiting livestock. Kent stated it is covered in another ordinance. McKenzie said this way we got more general to define livestock but not go down and define the actual rules. Zach affirmed that we don’t want rules in our definitions.
Kent stated there was a minor addition to the definition of alley.
Alley: minor or secondary way that is used primarily for utility access and secondarily for vehicular service access to the back or side of properties otherwise abutting on a street.
McKenzie stated that he liked that it specifically calls out secondary for vehicular service access. Kent stated on the next page is animal care, general:
Animal Care, General: A use providing animal care, veterinary services, daycare, grooming, or boarding, including outside animal runs.
Animal Care, Limited: A use providing animal care, boarding, and veterinary services for household pets, with no outside animal runs.
Zach stated that the reason they are separated is basically where they are allowed according to the zoning.
Kent then stated that the definition for apartment was eliminated. Zach stated that the reference is eliminated while the use standards will be the rule. The definition provided complications.
The next item per Kent was Bed and Breakfast:
Bed and Breakfast: A private home, converted multifamily dwelling, or other such similar land use operated on a fee basis as a business by providing overnight lodging for a period of less than thirty days and provides food service for guests only.
If it’s more than 30 days, it becomes a rental. Then it gives an amended definition of boarding house.
Boarding and rooming house. A building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant’s immediate family who might be occupying such building. The word compensation shall include compensation in money, services, or other things of value.
Kent stated apparently there were 2 different definitions in the current code. The next definition is brew pub, microbrewery and brewery.
Brew pub or microbrewery means a restaurant or tap room that sells beverages (beer and other malt liquors) brewed on the premises up to 1,000 barrels of beer and 3,000 gallons of hard cider pursuant to Kansas House Bill 2421.
Brewery means a building or establishment that creates ales, beers, meads, wines, spirits, and/or similar beverages on site or for wholesale production.
They have to follow state statutes which are very difficult but that might change. Zach stated the next definition is building:
Building: Any structure which is built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land; including structures designed and constructed in sections expressly for assembly and placement on a permanent perimeter foundation, with any transport equipment being readily detachable and designed for delivery purposes only, if said structure is placed on such foundation with all transport equipment permanently removed. A trailer as herein defined shall not be classified as a building .
OR
Building. Any enclosed structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
Zach stated that there are 2 options and staff is asking the planning commission with which definition they are more comfortable. McKenzie stated he liked the shorter definition. Coumerilh asked about the trailer definition. Zach stated that he thinks it is defined further down. The reason it is taken out is to not have rules in the definition. Zach reviewed the rules for a trailer and when it can be on the property. Bonsall asked about carports. Zach stated that carports have their own definition. As long as it is open on 2 sides, it is a carport.
Kent stated the next one was building line (established):
Building Line (established): The average setback between existing structures within 100 ft of any new structure measuremented from the edge of pavement of the street on which the structures front to the closest front corners of each adjacent structure.
Zach pointed out that the Building Line (established) is different from Building Line. If you’re building and there’s nothing within that 100 feet, then you just going off the building line and that’s what you follow per code which would be the 25 feet is what we settled on (for the front yard setback). If it’s established, there’s some places around town that are 17 feet or even 15 feet.
Zach commented on Common Open Space. The current definition starts including parts that should be covered under the zoning rules. McKenzie stated that when we start seeing shall and shall not in the definition; it is actually referring to rules versus a true definition. Commissioner Hansen asked about communication towers and the remodeled Pizza Hut building for the radio station. He asked if the Commission was going to get involved. Zach stated it was allowed under the zoning district where the radio station is located. There was a discussion on the setbacks to the property lines for communication towers.
Kent stated the next item is dwelling. Zach reviewed the current definition which included subcategory definitions for single family, two family and multiple family.
Density: The number of dwelling units that may be constructed per the gross acreage of all the land within the boundaries of the development but shall not include land previously dedicated, purchased, or acquired for any public use or land devoted to nonresidential uses such as commercial, office, and industrial or civic uses.
Zach stated the next item is development:
Development. The act of carrying out any building activity or land excavation operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels. When appropriate in context, development shall also mean the act of developing or the result of development. Development shall also include:
- Any construction, placement, reconstruction, or alteration of the size of a structure on land;
- Any increase in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;
- Any change in the use of land or a structure;
- Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;
- The commencement of mining, stockpiling of fill materials, filling or excavation on a parcel of land;
- The demolition of a structure;
- The clearing or grading of land as an adjunct of construction;
- The deposit of refuse, solid or liquid waste, or fill on a parcel of land;
Then on the definitions for dwelling single family, dwelling two family or dwelling multifamily as well as dwelling unit were identified separately.
Kent stated the next item was building height which involves a choice. After reviewing the choices, the consensus of the commission was the following:
Height, Building
The vertical distance measured from the average elevation of the finished grade adjoining the building to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between caves and ridges for gable, hip and gambrel roofs.
Kennel: Any establishment where any person engages in a business
involving boarding, breeding, buying, keeping, letting for hire, training for a fee, or selling
dogs, cats, or other domestic animals. used for keeping for more than four (4)
domesticated animals, commonly considered to be household pets that are more than
three (3) months old.
Kent stated that there’s a little bit modification on kennel. Moving on to the bottom of page 17, there is zoning lot. It is basically eliminated from the list of definitions. On the next page, there is manufactured housing park with the emphasis on 2 or more spaces.
Manufactured housing park. A parcel of land containing two or more spaces with required
improvements and utilities that are owned or leased for the long-term placement of
manufactured homes.
Kent stated that the next definition was changed from religious assembly to religious institution.
Religious institution. An establishment primarily for the conduct of religious activities, limited to
sanctuary, educational classrooms, daycare, committee and office work, a single
parsonage/rectory, or religious camp. This term includes the terms church, temple, seminary,
retreat, monastery, and similar terms.
Commissioner Coumerilh had a question about the religious institution. Whether it would include a parsonage or whether it had to be a church building. Parsonage is not included currently. Zach read the current definition. Discussion continued on a building for what purpose and the zoning requirements. Commissioner Hansen mentioned a church and residence in the county. Kent stated that staff would check on the changes as listed.
Zach reviewed the definitions of subdivider and subdivision. Previously, there was only subdivision. Subdivider just explains who the applicant is. Kent then stated that the definition of twin home is removed. Kent then stated that yard is the next set of definitions and they are reformatted.
Chairman McKenzie asked even though we have a little followup; can the Commission go ahead and set the public hearing date on the proposed ordinance? Kent replied yes the public hearing date could be set and then a recommendation to the city commission on the ordinance could be completed. McKenzie stated that the best date would be the Commission’s next meeting on November 12.
McKenzie moved to set a public hearing date on November 12 for An Ordinance Amending the Text for Chapter 19 Section 202 Definitions. Commissioner Coumerilh seconded the motion. Motion carried unanimously.
- Discussion of rear yard setback requirements
Chairman McKenzie stated this came up because right after we set the new rule we had two variance requests. Zach asked the Construction Board for their viewpoint. Zach stated that the whole purpose of setting that setback further is to help prevent water from running down the alleys and backing up into people’s garages. In addition, if they want to put garage doors on a structure; it is not so close to the road and don’t have turning room. It can still be modified in the future. Zach stated the Construction Advisory Board of Trades and Appeals were all in agreement it was still fair on the 10 foot setback. Then if someone wanted it closer; yes, you can ask to have it closer, but you can’t have doors on it. Kent reminded the Commission what the code was for 20 years prior to this most recent change. If you were driving into the garage from the alley on a normal right turn or left turn, the setback was 10 feet. If you slid into the garage where the doors faced the same direction as the alley, the setback could be only 3 feet away. Kent stated that the city does have a couple garages that are right on the alley and other garages at various setbacks that somehow got built. But from this point forward, the Construction Board stated that having a 10 foot rear yard setback and then having any owner come to the Planning Commission to request a smaller setback; that was not too much of a requirement from their point of view.
Chairman McKenzie stated he thinks that is the right way to go. Kent stated that if there are more requests, the planning commission can always come back and review the requirement again. Zach pointed out that if it was less than 10 feet and you drove a pickup it could cause a sight issue. When you back the pickup into the alley, you would be in the alley before you were able to see if there was any other traffic. Commissioner Bonsall said a driver could take out gas meters in the alley. McKenzie related difficulties in parking next to the alley in a commercial district where the neighbor across the alley had to drive into his parking space in order to park in his own space across the alley. It was that tight.
Bonsall asked about the definition of an alley. Zach stated he will look it up again, it was presented at the very beginning of the meeting. Bonsall asked if the property line should include the alley. Kent reviewed the property lines and how the alley is not included in the property description.
Alley: minor or secondary way that is used primarily for utility access and secondarily
for vehicular service access to the back or side of properties otherwise abutting on a
street.
After further discussion, the consensus was to keep the rear yard setback at 10 feet. Coumerihl stated it was a good place to start. McKenzie stated he didn’t mind hearing all the variance requests. Kent stated that all the neighbors are notified on any variance request; the building just doesn’t show up without notification.
- Reports
- Planning Commissioners
Commissioner Bonsall had nothing to report.
Commissioner Coumerilh had nothing to report.
Commissioner Hansen asked about various properties in disrepair. Staff reviewed the status of a couple properties.
Chairman McKenzie had nothing to report.
- Staff
Building Official Zach Hildebrand stated he had nothing to report.
City Manager Kent Brown stated he had nothing to report.
- Minutes
- August 13, 2024 Minutes
Chairman McKenzie moved, seconded by Commissioner Bonsall, to approve the August 13 minutes as presented. Motion carried unanimously.
- Adjournment
Commissioner Bonsall moved to adjourn, seconded by Commissioner Coumerilh. Motion passed unanimously. The meeting was adjourned at 6:57 p.m.