16-101. City planning commission; creation.
The City of Baldwin City Planning Commission (“Planning Commission”), which consists of five (5) members, who shall be appointed by the mayor upon approval of the city council. Three (3) members of such planning commission shall be residents of Baldwin City, Kansas and two (2) members shall reside outside of, but within three miles of, the corporate limits of the city.
Unless otherwise posted, all Planning Commission meetings are held on the second Tuesday of each month, contingent upon agenda items. The meetings are held at the Baldwin City Public Library located at 800 7th Street at 7:00 p.m. Please call the Community Development Department at 785-594-6427 to confirm, if a meeting is scheduled.
The Planning Commission is primarily an advisory body. Under the Zoning Code, a primary duty of the Planning Commission is to hold public hearings where public opinion can be expressed with respect to proposed amendments to the Comprehensive Plan and Zoning Code, final plats, conditional use permits and rezoning of land. The Planning Commission also has the responsibility to approve or deny preliminary plats and development plans. It is important for the Planning Commission to establish the facts surrounding each development issue as clearly as possible, so that decisions are not based on misinformation or conjecture.
For rezoning petitions:
When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Planning Commission, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such classification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Planning Commission is based using the following guidelines: a) Whether the change in classification would be consistent with the intent and purpose of these Regulations; b) The character and condition of the surrounding neighborhood and its effort on the proposed change; c) Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; d) The current zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification; e) Whether every use that would be permitted on the property as classified would be compatible with the uses permitted on other property in the immediate vicinity; f) The suitability of the applicant’s property for the uses to which it has been restricted; g) The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped; h) Whether adequate sewer and water facilities, and all other needed public services including transportation, exist or can be provided to serve the uses that would be permitted on the property if it were classified; i) The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development; j) The recommendations of permanent or professional staff; k) Whether the proposed amendment would be in conformance to and further enhance the implementation of the Comprehensive Plan; l) Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such a reclassification; and m) Such other factors as may be relevant from the facts and evidence presented in the application.
For conditional use permits:
Because of particular conditions associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as Conditional Uses when their proposed location is supplemented by additional requirements so as to make the use requested compatible with the surrounding property, the neighborhood and the zoning jurisdiction. In approving a Conditional Use, the minimum requirements of approval for all similar types of permitted uses in the same district must be met unless otherwise reduced by specific reference in the recommendation of the Planning Commission or the approval o the Governing Body. The requirements may be made more stringent if there is potentially injurious effects which may be anticipated upon other property and the neighborhood or contrary to the welfare and convenience of the public.
The Planning Commission may recommend approval of a Conditional Use, and the Governing Body may approve such Conditional Use, using the following factors as guidelines: a) Whether approval of the Conditional Use would be consistent with the intent and purpose of these Regulations; b) Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood; c) Whether the proposed use places an undue burden on the existing transportation and service facilities in the area affected and, if so, whether such additional transportation and service facilities can be provided; d) Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected; e) The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped; f) Whether the applicant’s property is suitable for the proposed use; g) The recommendation of permanent or professional staff; h) Whether the proposed Conditional Use would be in conformance to and further enhance the implementation of the Comprehensive Plan; i) Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed on the applicant by not upgrading the value of the property by approving the proposed Conditional Use; j) Whether the proposed Conditional Use, if it complies with all the conditions upon which the approval is made contingent (as authorized in Article 18 of these Regulations), will not adversely affect the property in the area affected; and k) Such other factors as may be relevant from the facts and evidence presented in the application.