§ 27-213. Comprehensive plan or plan map amendment.

(a)

Purpose. The text of the adopted comprehensive plan, neighborhood plans, corridor plans, area plans, or other functional plans may be amended to reflect changes in the area's growth, development or planning policies. Changes may also be necessary to the future land use map based on changing neighborhoods or social demands. The unified government may establish a schedule prescribing when and how frequently the comprehensive plan and relevant maps will be amended.

(b)

Applicant. A proposal for amendment or change to the comprehensive plan may be initiated by the unified government board of commissioners, the planning commission, the director, or upon application of the property owner or owner's agent. If no amendments are proposed during a calendar year, the director will schedule the comprehensive plan for review by the planning commission prior to the end of that year.

(c)

Applicability. Comprehensive plan amendment shall be required in any circumstance where a proposed rezoning is not in conformance with the comprehensive plan land use classification or in circumstances where the unified government has determined that change is appropriate for planning purposes.

(d)

Preapplication conference. A preapplication conference is required pursuant to section 27-197.

(e)

Determination of type. The director or his designee will determine whether the application is for a minor amendment, standard amendment, or major amendment. Major amendments will be required to be submitted with a complete area plan for the subject property. At the discretion of the director, standard amendments will be required to be submitted with a neighborhood, area, corridor, or other plan as is appropriate. The following criteria will be used as guidelines for classification:

Minor	Standard	Major
Property in single ownership	Property in single or multiple ownership	Property in single or multiple ownership
Fewer than 20 acres in size	Between 20 and 160 acres in size	More than 160 acres in size
No text amendment	Text amendments related to specific policies that govern subject property	General text amendments
Traffic generation at same level or less than existing classification	Traffic generation can be accommodated through new streets and/or minor improvements to existing streets	Traffic generation will require substantial improvements to existing streets
No need for new or upgraded public infrastructure or services	New or upgraded public infrastructure or services paid by developer	New or upgraded public infrastructure will service area larger than development at significant cost to community

 

(f)

Submission requirements. The director shall prepare applications specifying the information to be submitted in support of a comprehensive plan amendment application. The application shall include at least the following:

(1)

Comprehensive plan text amendment (no map amendment).

a.

A typewritten copy of the proposed changes to the text in underline/strikeout format.

b.

A description of the reasons supporting the amendment and the special circumstances, if any, requiring the change.

(2)

Comprehensive plan future land use map amendment.

a.

All applications.

1.

A legal description of the subject property for which the amendment is requested.

2.

A scaled map of the property, correlating with the legal description, and area may showing the property's location.

3.

The area of the property in square feet or acres.

4.

The name, address, and telephone number of the applicant and property owner.

5.

A description of the present use of the property, existing comprehensive plan classification, and the existing zoning classification, along with the same information for surrounding properties.

6.

Identification of the requested new comprehensive plan classification.

7.

A description of existing road conditions and new roads to be included in the development and/or the effect of the proposed development on existing roads and traffic conditions.

8.

The source/method for providing utility/infrastructure services to the property.

9.

A description of the potential density permitted by the land use classification change.

10.

An estimation of future costs and revenues attributable to the unified government as a result of development pursuant to the land use map amendment.

11.

A written analysis of the differences between the current and proposed designations.

b.

Standard and major amendments.

1.

All items required for all amendments.

2.

An analysis of the impact of the amendment on surrounding properties and plans.

3.

An analysis of the longterm development of the area (20—50 years) incorporating review of land use, transportation, infrastructure, environmental impact, market potential, and fiscal impact to both the unified government and the property owner.

4.

If the applicant retains a consultant to prepare these analysis, submission of the name of the consulting firm to the unified government for approval.

(g)

Application and review procedures for comprehensive plan amendment.

(1)

Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section 27-198.

(2)

Neighborhood meeting.

a.

The applicant shall comply with the requirements for a neighborhood meeting pursuant to section 27-199.

b.

Applicants for standard and major amendments shall schedule at least two public planning charrettes (workshops) within or near the subject area. Charrette requirements, including number, timing, and notice shall be established by the director and published on an annual basis.

(3)

Staff review. Following a determination of completeness, the staff shall review the application pursuant to section 27-200.

(4)

Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission.

a.

Notice shall be provided pursuant to section 27-203.

b.

The planning commission shall consider the criteria listed in subsection (g)(5) of this section in making a recommendation.

c.

Following the final hearing on an application to amend the comprehensive plan, the planning commission shall recommend approval or denial within 63 days and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a comprehensive plan amendment request, the planning commission shall be deemed to have made a recommendation of disapproval.

(5)

Factors to be considered. Approval or denial of the comprehensive plan amendment shall be based upon consideration of the following factors:

a.

Whether events subsequent to the comprehensive plan adoption have changed the character and/or condition of the area so as to make the application acceptable;

b.

Whether the change is consistent with the goals and policies of the comprehensive plan and/or any relevant corridor, neighborhood, or area plan;

c.

Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, parks and recreational facilities, roads, and others are adequate to serve development for the type and scope suggested by the proposed land use. If utilities are not available, whether they can be reasonably extended;

d.

Whether the proposed amendment would result in comprehensive plan or regulatory conflicts;

e.

Whether the proposed amendment would allow a change in development on the subject site without creating adverse impacts on existing or planned surrounding uses, or creating inconsistencies with applicable future land use map patterns; and

f.

The impacts of the potential costs and benefits derived by the community or area by the proposed change.

(6)

Action by unified government board of commissioners. When the planning commission submits a recommendation of approval or disapproval of such amendment and the reasons therefore, the unified government board of commissioners shall consider the criteria established in subsection (g)(5) of this section and may take any action consistent with sections 27-205 and 27-206, including:

a.

Adopt such recommendations by ordinance;

b.

Override the planning commission's recommendation; or

c.

Where there is new material evidence received at the unified government board of commissioners' meeting that was not available to the planning commission, return such recommendation to the planning commission for reconsideration based upon the new evidence.

(7)

Failure to of planning commission to make recommendation. If the planning commission fails to deliver its recommendation to the unified government board of commissioners following the planning commission's next regular meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction on the part of the planning commission as a resubmission of the original action and proceed accordingly. The proposed comprehensive plan amendment shall become effective upon publication of the respective adopting ordinance or resolution.

(Code 1988, § 27-278; Ord. No. O-27-05, § 1, 3-24-2005)

State law reference

Comprehensive plans, K.S.A. 12-747.