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Phillipsburg Planning Commission approves Northwest Kansas plat after removing developer covenants
Summary
The commission voted July 17 to approve the final plat for the Northwest Kansas Planning & Housing Development after striking developer covenants and requiring compliance with city subdivision regulations and FAA height restrictions; a separate motion to mandate a homeowners association failed.
The Phillipsburg Planning Commission voted July 17 to approve the final plat for the Northwest Kansas Planning & Housing Development after removing developer-imposed covenants and requiring the final documents to comply with city subdivision regulations and Federal Aviation Administration height restrictions.
Chair Mike Erhart led the review and City Administrator Tim Driggs told the commission the meeting was being recorded for minutes. Driggs also requested a note on the plat that “all lots are required to meet FAA height restrictions at the time of construction.” Commission members and the developer’s representatives discussed language in Section B of the proposed documents that would have exempted particular lots; commissioners agreed to remove the clause referencing lots “Sold to Ellenberger & Laurin.”
Commissioners debated whether the planning process should leave enforcement of any extra-developer rules to a homeowners association or require all lots to meet city code. Commissioner Caleb Breon questioned why some proposed restrictions were more stringent than city code, and Commissioner Mike Shied raised concerns about Sections B6–B8 and asked that Section B7 be stricken so the plat would default to city code enforcement. Developer representative Chris Byer confirmed the legal description had been reviewed. Jordan Dettmer said plans, specifications and bonding remain in process and that he expected to have documents ready for the Aug. 5 City Council meeting.
Commissioner Mike Shied moved to require formation of a homeowners association that must at minimum follow city codes; Doug Isernhagen seconded. The motion failed; the record states, “All in favor: None Oppose: All.” Shortly afterward Shied moved to approve the plat with the covenant removed and with final documents to comply with current subdivision regulations and FAA requirements; Caleb Breon seconded. That motion passed (—5 in favor recorded as “All in favor—6).
Driggs told commissioners that final approval at City Council would still require submission of plans, permits and bonding. Commissioners agreed the Planning Commission would require resubmission to the commission if NWKSP (Northwest Kansas Planning & Housing Development) objected to the changes.
The commission set its next meeting for Aug. 21, 2024, at 5:30 p.m. The meeting adjourned at 6:52 p.m.
