18.245.020 Procedure.
Amendments to this division may be made to either the specific provisions or text of this division, or to the district map. Any amendment shall be adopted by the Governing Body by ordinance (applicable to the jurisdiction of the City of Topeka, Kansas) and resolution (applicable to the jurisdiction of unincorporated Shawnee County, Kansas); and said documents shall be published in the official newspaper as required by law.
(a) The procedure for amending the textual provisions of this division shall be in accordance with State statutes and specifically provide for the order set forth below:
(1) All proposed amendments shall be referred to the Planning Commission for a public hearing and recommendation.
(2) The proposed amendment shall be published, setting forth the existing provision and the purpose and extent of the proposed amendment, in the official newspaper at least 20 days prior to the date of the public hearing when the matter will be considered. Such notice shall fix the time and place for such hearing.
(3) The hearing may be adjourned from time to time and at the conclusion of the same, a majority of the members of the entire Planning Commission shall be required to recommend approval or denial of the amendment to the Governing Body. An individual motion to approve or to deny which receives less than a majority vote of the members of the Planning Commission shall be deemed a failed motion and no further action by the Planning Commission is required. In such instances, the matter shall not be transmitted to the Governing Body for consideration.
(4) Upon receipt of the recommendation and written summary of the hearing, the Governing Body either may:
(i) Approve such recommendations by the adoption of the same by ordinance in a city or resolution in a county;
(ii) Override the Planning Commission’s recommendations by a two-thirds majority vote of the membership of the Governing Body;
(iii) 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.
(5) 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 the respective ordinance or resolution, or the Governing Body need take no further action thereon.
(6) 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.
(b) The procedure for amending the district map shall be in accordance with State statutes and specifically provide for the order set forth below:
(1) All proposed amendments to the district map shall be referred to the Planning Commission as initiated by the Governing Body or the Commission; or upon a property owner by filing the request with the Planning Agency.
(2) The Planning Director shall have the authority and responsibility to establish the processing schedule and administrative procedures to consider the request, as well as determine required basic information and data relative to the proposal in respect to processing of any proposed amendment or conditional use permits.
(3) Any proposed district map amendment initiated by a property owner of the property affected shall be processed as follows:
(i) Prior to filing an application, the applicant is encouraged to request a preapplication conference with the Planning Agency staff. The purpose of the conference is to provide the owner an opportunity to explain the general development concept and site conditions, and for the planning staff to explain this division, and regulations, standards, policies, alternatives and constraints applicable to the proposal and site, as well as the comprehensive plan or other adopted plans, programs, or development policies.
(ii) At the time of the preapplication conference, the owner shall provide the following general information:
(A) A legal description and area of subject property.
(B) The present or existing use of the site.
(C) The use of adjacent properties.
(D) Relationship to supporting public or community facilities including utility services.
(E) A statement as to the schedule or time frame for intended use and development.
(iii) The owner shall file an official application for an amendment, which shall consist of:
(A) Filing fee.
(B) Official application and justification.
(C) Supporting information, including the following:
1. The location and relationship of the property to the surrounding area.
2. Legal description of the property.
3. The proposed district.
4. The circulation or transportation network serving the property.
5. Surface drainage and limitations.
6. Sewer, water, and other utility availability and capacity limitations.
7. Other unique or special site conditions.
8. All public easements of record.
9. Traffic analysis impact study, if deemed necessary by the Planning Director.
10. The Planning Director may require the subject property to be platted or replatted simultaneously with consideration of a zoning amendment on the subject property.
(D) Petitioners of the planned unit development district shall submit for review, processing and adoption the plan of development in accordance with provisions set forth in the PUD district.
(E) Proof that all real property taxes including any special assessments are paid to date and are current for the subject property. In the event real property taxes, including any special assessments, are delinquent, the application for amendment shall not be scheduled for public hearing until such time as the taxes, including any special assessments, are paid or satisfactory escrow arrangements for the payment of such taxes or special assessments have been made and presented to the City Attorney’s office and/or Shawnee County Counselor’s office for approval.
(iv) The proposed amendment shall be published in the official newspaper at least 20 days prior to the public hearing.
(v) In addition to such publication notice, written notice of such proposed amendment shall be mailed at least 20 days before the hearing to all owners of record of lands located within at least 200 feet of the area proposed to be altered for regulations of the City and to all owners of record of lands located within at least 1,000 feet of the area proposed to be altered for regulations of the County. The notice shall fix the time and place of the public hearing to consider a proposed rezoning, and of an opportunity granted to interested parties to be heard. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the Governing Body.
(vi) If the City proposes a zoning amendment to property located adjacent to the City’s limits, the area of notification of the City’s action shall be extended to at least 1,000 feet in the unincorporated area. Notice of the County’s action shall extend 200 feet in those areas where the notification area extends within the corporate limits of a city.
(vii) Notice requirements as set forth in this chapter are sufficient to permit the Planning Commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice. A recommendation of a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and, where necessary, remailing, unless the Planning Commission has previously established a table or publication available to the public which designates what zoning classifications are lesser changes authorized within the published zoning classifications.
(viii) The planning staff shall examine the application with respect to the comprehensive plan, policies and other development requirements, existing infrastructure and capacities with respect to essential public improvements, and shall make a report to the Planning Commission.
(ix) The Planning Commission shall hold a public hearing and act in a quasi-judicial capacity to hear testimony; weigh the facts and conditions; and make findings and conclusions with respect to:
(A) The character of the neighborhood.
(B) The zoning and use of properties nearby.
(C) The suitability of the subject property for the uses of which it has been restricted.
(D) The extent to which removal of the restrictions will detrimentally affect nearby properties.
(E) The length of time the subject property has remained vacant (or unused) as zoned.
(F) The relative gain to the public health, safety and welfare by the destruction of the value of affected property as compared to the hardship imposed upon the individual landowner.
(G) Recommendation of professional staff.
(H) Conformance to adopted or recognized comprehensive plan.
(x) The Planning Commission members shall publicly disclose any ex parte contacts prior to receiving testimony at the time of the public hearing.
(xi) For action on an amendment, a quorum of the Planning Commission is more than one-half of all the members. A majority of the members of the Planning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the Governing Body. If the Planning Commission fails to make a recommendation on a rezoning request, the Planning Commission shall be deemed to have made a recommendation of disapproval. The adoption of an amendment to the district map shall conform to all provisions pertaining to legal protest as set forth elsewhere in this division.
(xii) Upon receipt of a recommendation of approval or disapproval of such proposed amendment and the reasons therefor the Governing Body may:
(A) Adopt such recommendation by ordinance in a city or by resolution in a county;
(B) Override the Planning Commission’s recommendation by a two-thirds majority vote of the membership of the Governing Body; or
(C) Return such recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.
(xiii) If the Governing Body returns the Planning Commission’s recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reason therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or resolution, or it need take no further action thereon.
(xiv) If the Planning Commission fails to deliver its recommendation 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 recommendation and proceed accordingly.
(xv) All such actions by the Governing Body shall be based upon findings, conclusions, with respect to the factors contained in subsection (b)(3)(ix) of this section and the same shall be entered into the official record.
(xvi) All proposed amendments to the district map which the Governing Body approves, shall be adopted by an ordinance (City of Topeka) or resolution (Shawnee County) to complete the amendment to the district map. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.
(xvii) If such amendment affects the boundaries of any zone or district, the respective ordinance or resolution shall describe the boundaries as amended, or if a provision is made for the fixing of the same upon an official map which has been incorporated by reference, the amending ordinance or resolution shall define the change or the boundary as amended, shall order the official map to be changed to reflect such amendment, shall amend the section of the ordinance or resolution incorporating the same and shall reincorporate such map as amended.
(xviii) Development permits may then be issued in accordance with the appropriate district regulations as well as in compliance with other ordinances, resolutions, regulations, and policies of the subject jurisdiction. Except for the planned unit development district, site development plans and construction plans shall be required only in conjunction with an application for a construction permit.
(c)
(1) Whenever five or more property owners of record owning 10 or more contiguous or noncontiguous lots, tracts, or parcels of the same zoning classification initiate a rezoning of their property from a less restrictive to a more restrictive zoning classification by the submission of a petition bearing the signatures of such owners to the Governing Body, then such petition shall be referred to the Planning Commission and staff for study, consideration, hearing, recommendation and report back. Such amendments to the district map under this provision shall require notice by publication in the official newspaper 20 days prior to the date of hearing and shall be considered at a public hearing by the Planning Commission. Provided further, written notice to any property owners shall not be required and the proposal shall not be subject to a protest petition provision. A filing fee under this provision shall not be required.
(2) Whenever the Governing Body initiates a rezoning from a less restrictive to a more restrictive zoning classification of 10 or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification having five or more owners of record, such amendments to the district map under this provision shall require notice by publication in the official newspaper 20 days prior to the date of hearing and shall be considered at a public hearing by the Planning Commission. Provided further, written notice shall only be required to be mailed to the owners of record of the properties to be rezoned and only such owners shall be eligible to file a protest petition. A filing fee under this provision shall not be required. (Ord. 18085 § 2, 9-9-03; Ord. 16982 § 1, 7-23-96; Ord. 16754 § 28, 9-13-94. Code 1995 § 48-33.01.)