Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

F. Conduct of Hearing. 1. Open Meetings. The Kansas Open Meetings Act (K.S.A. 75-4317) et seq. requires that all Planning
c. No Quorum. If no quorum is present for a meeting or hearing, Commission members in attendance may agree to continue the hearing at the next regular meeting, or at a future stated date, time and place. (1) When the date, time and place for the continued hearing is announced at the present meeting, further public notice is not required. 4. Continuance. A hearing may be adjourned on a motion to continue at some future stated date, time and place. 5. Minutes. The Planning Commission must keep minutes of the proceedings showing: a. Evidence presented. b. The Commission's findings of fact . c. Motions made on any question or recommendation, including: (1) The vote of each member. (2) Whether a member is absent, abstains, or is disqualified. G. Factors Considered in Zoning Change Decision. 1. When the Planning Commission considers a change of zoning district classification for a specific property, a report describing the reasons for their recommendation must be included with the case file. The report must include all of the following: a. Current and proposed zoning district classifications. b. The Applicant's reasons for seeking reclassification. c. A statement of the factors on which the Commission based their recommendation. (1) Factors which must be addressed are derived
Commission hearings for amendments to Zoning Regulation text, or for changes in zoning classifications or zoning district boundaries, must be open public meetings. a. However, the Planning Commission acts in a quasi-judicial capacity when considering a proposed amendment that will affect the zoning classification or district boundary of a specific property, and therefore, after a proper motion, may deliberate in closed session . (See K.S.A. 75-4318(g)(1).) open meeting . (See K.S.A. 75-4317 et seq. and Kansas Open Meetings Act, Guidelines for Committee Use.) b. Any interested person or party may appear and be heard at the hearing—in person, by agent, or by attorney. (1) No binding action can be taken in a closed session. All voting must be conducted in an 2. The hearing must be conducted and recorded according to applicable State statutes, Zoning Regulation requirements, and rules or bylaws prescribed by the Planning Commission. 3. Quorum. To take action on a zoning amendment, more than half of the Planning Commission membership as established by ordinance must be present. a. To recommend approval or disapproval of an amendment to the Governing Body, a majority of the members present and voting is required. b. Failure to make a recommendation on a rezoning request constitutes a recommendation of disapproval.
from the Supreme Court of Kansas decision in the Golden v. City of Overland Park case [224 Kan. 591 P. 2d 130 (1978)].
Main TOC Zoning TOC Amendments & Special Uses

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