VOTING OPTIONS OF THE PLANNING COMMISSION or BOARD OF ZONING APPEALS Regulation Rezoning Variance
SUP Vote Yes - On the application as submitted Vote Yes – With Conditions Move to Table
Plat
NO NO NO
Vote No – State Valid Reasons
Approve an application/issue as presented, citing that the request is in substantial agreement with the zoning and/or subdivision regulations. Approve an application/issue with specific conditions that must be met by a specific point in time. Table an application/issue for various reasons—usually insufficient information or to obtain additional information deemed necessary to make a recommendation. Denial of an application/issue, citing specific reasons or issues for such denial. Such reasons/issues must be acceptable as stated in the zoning and subdivision regulations. Consult your “Golden” list.
The Golden List: Article 22, Section 6 (page 55) or Article 31, Section 3 (page 77) Factors to be Considered: The following matters are to be considered by the Planning Commission and the Board of County Commissioners when approving or disapproving a Special Use Permit or Temporary Use Permit/Rezoning request: 1. Character of the neighborhood. 2. Zoning and uses of nearby property. 3. Suitability of the property for the uses to which it has been restricted. 4. Extent to which removal of the restrictions will detrimentally affect nearby property. 5. Length of time the property has been vacant as zoned. 6. Relative gain to economic development, public health, safety and welfare. 7. Conformance to the Comprehensive Plan. 8. Staff Recommendation.
The following matters may also be considered, when appropriate by the Planning Commission and the Board of County Commissioners when approving or disapproving a rezoning/SUP request. • Traffic/Parking • Location/Access • Archaeological/Historic significance • Topography/Drainage • Wildlife Presence • Design compatibility with surrounding area • Ecological analysis • Vegetation analysis • Flood hazards • Soil survey • Sewage disposal • Market/Economic analysis • Water Supply • Police/Fire/EMS protection • Air/Noise pollution • Demographic study • Tax base implications
Ref: August 1, 2006 Zoning and Subdivision Regulations for Leavenworth County, Kansas, based upon K.S.A. 12-757
VOTING OPTIONS OF THE BOARD OF COUNTY COMMISSIONERS Regulation
Rezoning
Variance
SUP
Plat
Vote Yes – On the item as recommended by the Planning Commission. Vote Yes – With Additional Conditions Imposed by the Board of County Commissioners Move to Table
NO
NO NO
NO NO NO
Move to Continue
Vote to Return the Application to the Planning Commission for Reconsideration
Vote No – State Valid Reasons
NO
Approve an application/issue as presented, citing that the request is in substantial agreement with the zoning and/or subdivision regulations and the recommendation by the Planning Commission. Approve an application/issue with additional specific conditions imposed by the Board of County Commissioners. These should not greatly differ from those recommended by the Planning Commission Table an application/issue for various reasons—usually insufficient information or to obtain additional information deemed necessary to make a recommendation. The BOCC takes information in the normal meeting session and votes to continue the public hearing on an application/issue to a future meeting. Normally the date of the next meeting is announced in the meeting. If the BOCC believes that the Planning Commission based their recommendation on faulty conclusions or bad information they may return the application to the Planning Commission for a rehearing. The BOCC may not return the application just because the BOCC doesn’t agree with the Planning Commission’s recommendation. A return is only made when the BOCC feels the Planning Commission failed to consider some important aspect. Otherwise the BOCC should vote NO. Denial of an application/issue, citing specific reasons or issues for such denial. Such reasons/issues must be acceptable as stated in the zoning and subdivision regulations. Consult your “Golden” list.
Ref: August 1, 2006 Zoning and Subdivision Regulations for Leavenworth County, Kansas, based upon K.S.A. 12-757
The Golden List: Article 22, Section 6 (page 55) OR Article 31, Section 3 (page 77) Factors to be Considered: The following matters are to be considered by the Planning Commission and the Board of County Commissioners when approving or disapproving a Special Use Permit or Temporary Use Permit/Rezoning request: 9. Character of the neighborhood. 10. Zoning and uses of nearby property. 11. Suitability of the property for the uses to which it has been restricted. 12. Extent to which removal of the restrictions will detrimentally affect nearby property. 13. Length of time the property has been vacant as zoned. 14. Relative gain to economic development, public health, safety and welfare. 15. Conformance to the Comprehensive Plan. 16. Staff Recommendation. The following matters may also be considered, when appropriate by the Planning Commission and the Board of County Commissioners when approving or disapproving a rezoning request. • Traffic/Parking • Location/Access • Archaeological/Historic significance • Topography/Drainage • Wildlife Presence • Design compatibility with surrounding area • Ecological analysis • Vegetation analysis • Flood hazards • Soil survey • Sewage disposal • Market/Economic analysis • Water Supply • Police/Fire/EMS protection • Air/Noise pollution • Demographic study • Tax base implications The first 8 factors above are part of the famous “Golden Case” and were cited by the court as the minimum issues that a governing body should examine when considering a rezoning of property. A Special Use Permit grants specific changes to the zoning for a property and therefore must consider the same issues. The staff report should provide information on these issues, but their findings should be referenced by the Commission in motions and discussion. Improper consideration of or lack of reference to these factors will most likely result in a court overturning the decisions of the Board or Commission if challenged.
Ref: August 1, 2006 Zoning and Subdivision Regulations for Leavenworth County, Kansas, based upon K.S.A. 12-757