CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 1. CITY PLANNING COMMISSION

There is hereby created a city planning commission consisting of seven electors, of which two members shall reside outside of, but within three miles of, this city, with the remaining member’s residents of the city. All of the members shall be appointed by the mayor with consent of the commission. The members of the commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms. Thereafter members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the commission shall serve without compensation for their service.

(K.S.A. 12-744; Code 1977, 13-101)

The members of the city planning commission shall meet at least once a month at such time and place as they may fix by resolution. They shall select one of their number as chairperson and one as vice chairperson who shall serve one year and until their successor has been selected. A secretary shall also be elected who may or may not be a member of the commission; Special meetings may be called at any time by the chairperson or in his or her absence by the vice chairperson. A majority of the commission shall constitute a quorum for the transaction of business. No action by the commission shall be taken except by a majority vote of the membership thereof. The commission shall cause a proper record to be kept of its proceedings. The commission may employ such persons deemed necessary and may contract for such services as the commission requires. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission.

(Ord. 610, Sec, 2)

The planning commission is hereby authorized to make or cause to be made a comprehensive plan for the development of such city and any unincorporated territory lying outside of the city but within Douglas County, which in the opinion of the commission forms the total community of which the city is a part. The city shall notify the Douglas County board of county commissioners in writing of its intent to extend its planning area into Douglas County. If the planning commission wishes to plan for any unincorporated area lying outside of the city but not within Douglas County, the planning commission shall ask the governing body and the appropriate board of county commissioners to so agree by interlocal agreement. In the preparation of such plan, the planning commission shall make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population and building intensity, public facilities, transportation and transportation facilities, economic conditions, natural resources, and may include any other element deemed necessary to the comprehensive plan. Such proposed plan, which may in addition to a written presentation, include maps, plats, charts and other descriptive matter, shall show the commission’s recommendations for the development or redevelopment of the territory including:

(a)   The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed necessary;

(b)   Population and building intensity standards and restrictions and the application of the same;

(c)   Public facilities including transportation facilities of all types whether publicly or privately owned which relate to the transportation of persons or goods;

(d)   Public improvement programming based upon a determination of relative urgency;

(e)   The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private;

(f)   Utilization and conservation of natural resources;

(g)   Any other element deemed necessary to the proper development or redevelopment of the area. The planning commission, by an affirmative vote of a majority of its members, may approve the recommended comprehensive plan as a whole by a single resolution or may by successive resolutions approve parts of the plan, the parts corresponding with the major geographical sections of the area or with functional subdivisions of the plan. Such resolution shall specifically identify any maps, plats, charts or other materials made a part of such plan. Before the approval of any such plan or part thereof or any amendment thereof the planning commission shall hold a public hearing thereon, notice of which shall be published once in the official city newspaper at least 20 days prior to the date fixed for hearing. Upon the adoption or amendment of any such plan or part thereof by adoption of the appropriate resolution of the planning commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the governing body. No comprehensive plan shall be effective unless approved by the governing body as provided by this section. The governing body either may:

(1)   Approve such recommendations by ordinance;

(2)   Override the planning commission’s recommendation by a 2/3 majority vote;

(3)   May return the same to the planning commission for further consideration, together with a statement specifying the basis for the governing body’s failure to approve or disapprove. If the governing body returns the planning commission’s recommendations, the planning commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the governing body by a simple majority thereof may adopt or may revise or amend and adopt such recommendations by ordinance, or it need take no further action thereof. If the planning commission fails to deliver its recommendations to the governing body following the planning commission’s next regular meeting after receipt of the governing body’s report, the governing body shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendations and proceed accordingly. The comprehensive plan and any amendments thereto shall become effective upon publication of the adopting ordinance. An attested copy of the comprehensive plan and any amendments thereto shall be sent to all other taxing subdivisions in the planning area which request a copy of such plan. Such plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best promote the health, safety, morals, order, convenience, prosperity and general welfare as well as a wise and efficient expenditure of public funds. The planning commission may at any time review or reconsider the plan or any part thereof and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. The planning commission shall annually review or reconsider such plan or any part thereof, and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. The planning commission shall make a report to the governing body regarding the same on or before the first day of June of each year. The commission shall have such further powers and duties, including but not limited to construction of public facilities, subdivision regulations, and plat approval, as are authorized by the Kansas Statutes Annotated and all amendments thereto.

(Ord. 610, Sec. 3; Code 2016)

On or before the first Monday in August of each year the planning commission shall submit to the city governing body a budget of expenditures for the ensuing fiscal year, as provided by the statutes of the State of Kansas. The governing body shall approve a planning commission budget and make such allowances to the planning commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide and shall add the same to the general budget.

(Ord. 610, Sec. 4)