Commission returns short‑term rental zoning amendments to planning commission for clearer criteria

County legal counsel advised the Riley County Commission on Dec. 8 that state case law limits the governing body's choices when reviewing planning commission recommendations: approve the recommendation, override by supermajority, or return the recommendation with a written statement specifying the basis for a failure to approve or disapprove.

Counsel recommended returning the short‑term rental regulation amendments to the Planning Commission because the draft language included an authority to waive separation requirements without clear criteria. "If you don't have stated criteria... it really leaves an argument that somebody evaluating these circumstances is doing an arbitrary [decision]," counsel said, urging clearer evaluation criteria to reduce litigation risk.

Amanda Webb, planning director, said staff and legal counsel had worked to clarify confusing language since the item was tabled on Nov. 17. After discussion, a commissioner moved and seconded a motion to return the amendments to the Planning Commission with a statement specifying the governing body's basis for any failure to approve or disapprove; the motion carried on a voice vote.

The record shows the commission chose the procedural route of returning the recommendation for additional specificity rather than approving the amendments or attempting an override; the Planning Commission will receive the written statement and is expected to consider clarified criteria and return a revised recommendation for the governing body's consideration.