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

H. Conduct of Hearing. 1. Open Meetings. The Kansas Open Meetings Act (K.S.A. 75-4317 et seq.) requires that all Planning Commission hearings for special uses must be open public meetings. a. Any interested person or party may appear and be heard at the hearing—in person, by agent, or by attorney. (See Kansas Open Meetings Act, Guidelines for Committee Use.) 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 special use, more than half of the Planning Commission membership as established by ordinance must be present. a. To recommend approval or disapproval of a special use to the Governing Body, a majority of the members present and voting is required. b. Failure to make a recommendation on a special use request constitutes a recommendation of disapproval. c. No Quorum. If no quorum is present for a 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. I. Factors Considered in Special Use Decision. 1. When the Planning Commission considers a special use request, 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 use. b. The Applicant's reasons for seeking a special use. c. A statement of the factors on which the Commission based their recommendation.
(1) Factors which must be addressed are derived 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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