Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Sterling reviews options to extend zoning beyond city limits under KSA 12-715b; discussion tabled
Summary
City Manager Ian Hutcheson reviewed KSA 12-715b and the four statutory conditions for creating an extraterritorial zoning area; Foster Design Associates is studying options and the commission tabled the matter pending potential state legislative changes and further county coordination.
City Manager Ian Hutcheson told the Sterling City Commission on April 20 that Kansas Statutes Annotated 12-715b permits municipalities to establish zoning authority up to three miles outside their corporate limits, but only if four statutory conditions are met.
Hutcheson outlined the four conditions required by KSA 12-715b: (1) the planning commission must include two members who reside outside city limits but within the proposed extraterritorial zone; (2) the extraterritorial zone must be included in a comprehensive plan formally adopted by the city (Sterling’s Connect Sterling Comprehensive Development Plan 2015–2035 currently does this); (3) the county must exclude the land in the zone from county zoning regulations; and (4) the city must notify the county commission in writing 60 days prior to approving the ordinance that would create the zone.
To meet the first condition without removing current planning commissioners, Hutcheson said the city could increase the planning commission’s membership from seven to nine to add two extraterritorial residents. He cautioned that exercising extraterritorial zoning would also increase staff time for processing permits and likely require amendments to city zoning and subdivision regulations. Hutcheson said Foster Design Associates is studying the options and will present recommendations to staff shortly.
Several residents from unincorporated Rice County raised questions and concerns. Commissioner Clint Bundy noted the state legislature may be considering changes to the rules for creating extraterritorial zones. The commission elected to table the discussion indefinitely or until the state legislature acts; no ordinance or amendment was introduced or approved at the meeting.
Next steps: Foster Design Associates will deliver recommendations to city staff; any move to establish an extraterritorial zone would require coordination with Rice County, bylaw amendments to the planning commission, and the formal ordinance approval process.
