[{"_1":2,"_112":-5,"_113":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6650674,"mediaKeyId","2503463-e5d96453d4a974e4610752292bc4c1b1","parentId",2503463,"title","Staff flags possible updates to sign and mural rules, and accessory-structure height standards","audioSeconds",205,"startMs",5549000,"endMs",5754000,"viewUrl","/Search/View?dp=1&key=2503463-e5d96453d4a974e4610752292bc4c1b1&start=5549&end=5754","thumbnailUrl","https://assets.pipeline.soar.com/2503463-e5d96453d4a974e4610752292bc4c1b1/thumbnail_5549000.jpg","articleUrl","/articles/6650674/Kansas/Staff-flags-possible-updates-to-sign-and-mural-rules-and-accessory-structure-height-standards","mediaUrl","https://secure.pipeline.soar.com/6650674-c560ce8290614183d524f31aa18c150c/orig.mp4?Expires=1775522933&Signature=GybnGie3wA-x~sRNHH~suZJ9KFdzXkXrebtkwnsqEKiFKBkO3SkUV-flSeix1~dBj~zIzvQ~uGHE5VAvzTtuJ685SEbxxtM2S2dpZ8Xx52i-MBvFm1fBxIt0SoJjeZU-Jj9yCuN30WxoDDT5C-I76dIeHWv1wmBxEVnFFZ5leZ3X2k4MsY5RB9vTo~IbuSXEPtriNQjPQjPir7vzYXDoZmKWrpPWh7V~M8xl-ZyyfLykq4~LmsWYDJ2MzlH~OXDOxgCDvPTavAIZFjbkHu04DuSOaDj9ufFMeyvHrAmdp~tlg-IuUdpB2Tlp5W3AmVAJgWYiHjbgjnrSL0KYiBTknw__&Key-Pair-Id=KUT5TJCACFTXG","author","City Council of Newton, KS","date","2025-03-05T17:54:41.167Z","article","Planning staff notified the Newton Planning Commission on March 3 that the department is preparing a fresh look at sign regulations and accessory-structure height rules.

Staff reported a recent uptick in mural requests and noted the existing code distinguishes artistic murals (no permit fee) from commercial murals (permit fee). The commission was asked to review whether the current classifications and permit fee structure remain appropriate. Staff also raised digital signage as an emerging topic: commissioners were asked to consider whether digital signs should be allowed in additional zoning districts and, if so, under what controls.

Separately, commissioners discussed accessory-structure height language. Commissioners observed that other nearby jurisdictions typically regulate total structure height rather than a sidewall-height standard; staff said it will prepare options for a possible text amendment to clarify whether the city should adopt a total-height standard or retain the existing sidewall standard. No formal action was taken; staff said it will return with draft language for commission review.

The item was presented for preliminary discussion; staff asked commissioners to flag issues to guide any future text amendments.","mediaType","Video","parentTitle","Newton Area Planning Commission - 3-3-25","oneSentenceSummary","Planning staff told commissioners they may bring proposed text amendments to clarify mural permitting, commercial versus artistic murals, digital signage rules and accessory-structure height limits (sidewall vs. total height).","taxTitle","Newton, Harvey County, Kansas","taxId",61138,"location","Kansas","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6650679,"Planning commission rezones 723 S. Kansas from R-1 to R-2 to allow duplex",619,795000,1414000,"/Search/View?dp=1&key=2503463-e5d96453d4a974e4610752292bc4c1b1&start=795&end=1414","https://assets.pipeline.soar.com/2503463-e5d96453d4a974e4610752292bc4c1b1/thumbnail_795000.jpg","/articles/6650679/Kansas/Planning-commission-rezones-723-S-Kansas-from-R-1-to-R-2-to-allow-duplex","https://secure.pipeline.soar.com/6650679-820dad793b13b461ad9a44b12b7d0db7/orig.mp4?Expires=1775522932&Signature=jJf9wB~66XSvP6niAqmWGc4dcj59PiYwUAkXS2w6WEbVEYoYk1yR7QIEeMKaVPpjx9LzYyVNRBoB~ibhC3yDomLzZwYeA9JRGoeCNCCWJmiMJzSVQ85ikGl09ZNKI6BzhOj70jxQLvv6WH6iu3ZZ4PJzjfJYCf6fY2bwx4v7nmuCnHHwEM6LrVAai7jszZXScHxQ4MWnpbJGCbFYPBfc6uFTM68B4lFmRQtk2WFrxERDP50DWtp3enq9CmmPA7~QRIQGeolCYhyOB-Zq97a87on-wwNyvlXKAekI1fU3K0ZBGocrwcmMfNdb59MURIYc3R2lz0V6n4L2-qg3s21Nyg__&Key-Pair-Id=KUT5TJCACFTXG","The Newton Planning Commission on March 3 approved a zoning amendment that changes the property at 723 South Kansas from R‑1 to R‑2, a lower-density multifamily designation that would allow duplex development.

Dan Harter spoke to the commission as the applicant’s representative on behalf of the Church of God of the Firstborn, which owns the site. Harter said the existing structures on the site would be removed to maximize buildable area given nearby floodplain constraints and that the church’s goal is to construct a duplex on the parcel.

Staff and commissioners reviewed the standard rezoning criteria in the staff memo, including consistency with the comprehensive plan, compatibility with adjacent uses, and availability of sewer and water. Justin reported sewer extension would be required to serve new development and that extension needs would be the same whether the parcel were R‑1 or R‑2. At the hearing, an adjacent resident, Van Park of 701 South Kansas, raised concern about past sewer backups in the area and asked what standards the commission used to evaluate spot zoning. Staff said spot zoning is not explicitly prohibited but is generally not recommended and that the commission should evaluate the rezoning criteria in the staff report.

Commissioners noted the applicant had initially requested R‑3 at a prior meeting and withdrew that request; the current R‑2 request represented a reduction in the proposed intensity. Commissioners also discussed whether certain uses in R‑2 would require a special-use permit; staff confirmed some uses remain subject to special-use review. After public comment and commissioner questions, the commission voted to approve the R‑1 to R‑2 zoning amendment.

The commission’s approval was recorded by motion and voice vote. Staff will require the applicant to address sewer extension and floodplain/buildable-area issues during the permitting and engineering review phase.","The commission approved a zoning amendment changing 723 South Kansas from R‑1 to R‑2 after staff review and a public hearing; the applicant said the church-owned site will be cleared and a duplex constructed, and staff noted sewer extension would be required.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6650683,"Newton Planning Commission approves three plats, grants single-side sidewalk waiver",424,37000,461000,"/Search/View?dp=1&key=2503463-e5d96453d4a974e4610752292bc4c1b1&start=37&end=461","https://assets.pipeline.soar.com/2503463-e5d96453d4a974e4610752292bc4c1b1/thumbnail_37000.jpg","/articles/6650683/Kansas/Newton-Planning-Commission-approves-three-plats-grants-single-side-sidewalk-waiver","https://secure.pipeline.soar.com/6650683-0847e376a9395c207b69ae0442d968eb/orig.mp4?Expires=1775522932&Signature=XTWreHrt-X20YhsYzLkbiJyzExVQFNx2caJLXjgt~UM4TLfNj0Xp23cVauqhRQZgi3y-Zjs7dQ3NPzfaVdQDFlKyanGBs5ZxjNu6d95Ha7YbEn3C47W8zd~XbV3gwr48TzTfY8a1dlWfVqYSrks3f15VxO1YkdBbu7KtI2AoARw36LoQYwEQwkaPinjc6EWcW5R2BtpI46wVBbRyZhHW0q0Xp-moOQxdwm2mgdq0JbfOhXOFdZLzXXa~fHbIIGahpaSQbw77hsMLhye~qFLg980Xw7w9ZegsDNhEsYduaWw267sLTGLIQqkXLtEv3ZCIhPUD0DvazujOfajZB63c7Q__&Key-Pair-Id=KUT5TJCACFTXG","Newton Planning Commission members on March 3 approved preliminary and final plats for three residential developments and granted a one-side sidewalk waiver for one property, subject to remaining staff and utility comments.

Planning staff member Justin led the presentations for the Art and Thelma Bracken Addition preliminary plat, the Cornelius Gardens final plat and the Hope Estates preliminary plat. Justin told commissioners that the plats were circulated to city staff and utilities and that outstanding comments had been forwarded to the respective surveyor or engineer for revision.

For the Art and Thelma Bracken Addition, the applicant (identified in the packet as owner Michael) requested the commission permit elimination of sidewalk on one side of the new street; staff noted an existing sidewalk on the west side of the street and said minimum sidewalk width on the other side would be four feet. Justin recommended approval contingent on the city receiving remaining materials and responding to outstanding comments: “It would be recommended that we approve the preliminary plat contingent on the city receiving the rest of the comments,” Justin said. Commissioners approved the preliminary plat and the requested sidewalk waiver.

The Cornelius Gardens final plat, submitted by Garber Surveying on behalf of applicant David Querring, was presented as an infill final plat. Staff reported utility coordination and several minor outstanding items; commissioners voted to approve the final plat after staff representation that outstanding items were being addressed.

Hope Estates was described as a larger, more complex site that will include a mix of duplexes and an apartment building; the applicant listed on the packet was Amber Hope with Nikhilia Sandante named in materials. Justin and commissioners discussed fire-line sizing and whether utility runs behind duplexes would be public or private; staff indicated the lines behind the duplexes would be private and flagged a staff comment that fire-protection service lines might need upsizing from a four-inch line. Commissioners approved the Hope Estates preliminary plat contingent on the applicant addressing engineering and staff comments.

All three plats were approved by voice vote with motions and seconds recorded in the minutes. Staff will ensure final corrections from Garber Surveying and Earls Engineering are incorporated before administrative sign-off.","The commission approved preliminary and final plats for three developments — Art and Thelma Bracken Addition (preliminary, sidewalk waiver), Cornelius Gardens (final) and Hope Estates (preliminary) — all contingent on outstanding staff and utility comments.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6650687,"Newton Planning Commission reapproves 100 Mockingbird Lane height variance after rehearing",3895,1424000,5319000,"/Search/View?dp=1&key=2503463-e5d96453d4a974e4610752292bc4c1b1&start=1424&end=5319","https://assets.pipeline.soar.com/2503463-e5d96453d4a974e4610752292bc4c1b1/thumbnail_1424000.jpg","/articles/6650687/Kansas/Newton-Planning-Commission-reapproves-100-Mockingbird-Lane-height-variance-after-rehearing","https://secure.pipeline.soar.com/6650687-cd0d787cca407c5ae3d38f0a11f37c8e/orig.mp4?Expires=1775522932&Signature=BMb2BGD-Tk8lPsM8bbmzwUvLZt9vebGIVUkkNQ0as2wjL2YcTSb3zaXJaAownb0tNPkTHc9~OyiAvYedH4ebyB4NuusXmXWYYgH~oNdTRvlUqTMnqfHKw4cLhvmciB8gPxhGK38sSA7O3e8MaA-dMWAP0aupdbfnzmbIYRDJedTTqG99-wyACh-U1uB0G6yh1sdIkdcu-OkMyRS-XlXFi3yNEVJYGXYktvox9Zyb8omA7ATyRmJm9ifx-tesXvs4FVoiRiopCrXmaAdou9nB47NZ~9NDLdAYytTR9hWaVuJoyyU5ZqZJd89xr0~C0jXqOGd7Ub~Ndqd1vF2W6gXkhg__&Key-Pair-Id=KUT5TJCACFTXG","The Newton Planning Commission on March 3 voted to reaffirm a variance that allows the sidewall of an accessory structure at 100 Mockingbird Lane to be 16 feet high rather than the 12 feet normally permitted.

The rehearing followed a district court remand that said the commission’s prior decision lacked sufficient findings on two required variance criteria. At the meeting the commission recorded findings on each of the five required criteria and voted to reapprove the variance “with all five findings in favor,” the commission’s motion stated.

The variance request was presented by attorney Ian Hughes on behalf of property owners Casey and Kayla Neitzel. Hughes told commissioners that most neighbors supported the request and that the proposed building is consistent with other accessory structures in the area. “You’ll hear that most of the neighbors, in fact, I think all but 1 of the neighbors are in support of the NITEL’s request,” Hughes said. Casey Neitzel described the structure as a vehicle- and equipment-storage shop and said he had paused interior work while the appeal proceeded: “I stopped 2 years ago because I’m not gonna pay for insulation and all the extra BTUs if I have to chop this thing down,” Neitzel said.

Opposing the request, attorney Greg Nye, representing the adjacent property owner, urged the commission to find two criteria unmet. Nye told the commission the Neitzels had been warned before construction that an appeal could reverse the variance and said the building did not exist at the time of the original application. “I warned them, don’t put that building up until the appeal is done because you run the chance that the judge says no,” Nye said, citing earlier communications with the applicants’ former counsel.

Commissioners discussed the five variance standards required by local code and the judge’s order. On the question of uniqueness, commissioners noted the lot’s size and setting: the property is a larger, roughly two-acre lot at the edge of town with substantial tree cover and setbacks that differ from typical R-1 parcels. One commissioner summarized: the lot is “not typical for R-1,” citing the larger lot size, country-edge context and the building’s setback well beyond the minimum.

On hardship, commissioners debated whether denying the variance would force the owner to expand the building footprint or otherwise create practical difficulties. Supporters argued that a taller structure reduces the ground footprint needed for vehicle storage and is therefore a less intrusive option than multiple low buildings or outdoor storage. Opponents countered that the owners had created circumstances by ordering and raising the building before the appeal was complete.

Public comment at the rehearing was strongly tilted toward approval. Neighbors including Colin Seabert (201 Robin Court), Brent and Ashley Trude (101 Mockingbird Lane), Charles Lamar (206 Mockingbird Lane) and others told commissioners the building improved property upkeep and neighborhood investment and did not harm views or public welfare. Several speakers said they preferred vehicles and recreational equipment stored inside a building rather than left outside.

After discussion the commission voted, on motions recorded in the minutes, to find in the affirmative on each of the five variance criteria and to reapprove the variance. The commission’s final motion, recorded by staff, directed that the board’s findings be placed in the record as required by the district court order. Commissioners noted that the district court provides a 30-day window for appeal of administrative decisions; staff also said a future city text amendment to zoning standards (including accessory-structure height) was under consideration, which could affect similar applications going forward.

The Neitzels’ attorney said the applicants will consider the ruling and any subsequent appeal. The commission’s action restores the variance and documents the factual findings the court said had been missing from the prior hearing.","After a district court remand for clearer findings, the Newton Planning Commission voted to reapprove a variance allowing an accessory building sidewall height of 16 feet at 100 Mockingbird Lane, following public comment and attorney arguments for both sides.","actionData","errors"]

Article not found

Staff flags possible updates to sign and mural rules, and accessory-structure height standards

Planning commission rezones 723 S. Kansas from R-1 to R-2 to allow duplex

Newton Planning Commission approves three plats, grants single-side sidewalk waiver

Newton Planning Commission reapproves 100 Mockingbird Lane height variance after rehearing