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ORDINANCE NO. /1
AN ORDINANCE CREATING A PLANNING COMMISSION FOR THE CITY OF BEL AIRE;
PROVIDING FOR MEMBERSHIP, VACANCIES, COMPENSATION; PROVIDING FOR THE
MEETING THEREOF AND A QUORUM; PROVIDING FOR THE POWERS, DUTIES AND COMPRE-
HENSIVE PLAN; AND PROVIDING FOR THE APPROVAL OR DISAPPROVAL OF THE PLANNING
COMMISSION ON CONSTRUCTION, PUBLIC FACILITY OR UTILITY ALL AS PROVIDED FOR
BY K.S.A. 12-701, et. seq. AS AMENDED.
(Published in the
of May, 1981)
Be it Ordained by the Governing Body of the City of Bel Aire:
Section 1. CREATED. There is hereby created a City Planning
Commission as provided for and authorized by Section 12-701 of the Kansas
Statutes Annotated, as amended.
Section 2. MEMBERSHIP, VACANCIES, COMPENSATION. The City Planning
Commission shall consist of seven (7) electors of which number, two (2)
members shall reside outside of but within three (3) miles of the corporate
limits of the City of Bel Aire, but the remaining members shall be residents
of the City, to be appointed by the Mayor by and with the consent of the
Council. The members of the Commission first appointed shall serve respec-
tively for terms of one (1) years, two (2) years and three (3) years, divided
equally or as nearly equal as possible between these terms. Thereafter
members shall be appointed for terms of three (3) years each. Vacancies
shall be filled by appointment for the unexpired term only. Members of the
Commission shall serve without compensation for their services. (K.S.A.
Supp. 12-702)
Section 3. MEETINGS, QUORUM. The members of the City Planning
Commission shall meet within two (2) weeks following their appointment and
organize by selection of one (1) of their members as chairman, and one (1)
as vice chairman who shall serve one (1) year and until his successor has
been selected and qualified. The City Planning Commission shall meet
thereafter at least once each month at such time and place as it may fix
by resolution, and special meetings may be called by the chairman or in
his absence by the vice chairman. A majority of the Commission shall
constitute a quorum for the transaction of business. The Commission
shall cause a proper record to be kept of all their proceedings. (K.S.A.
12-703)
Section 4. POWERS, DUTIES; COMPREHENSIVE PLAN. The Planning
Commission is hereby authorized to make or cause to be made a comprehensive
plan for the development of such city and any unincorporated territory
lying outside of the city but within the county in which such city is
located, which in the opinion of the Commission forms the total community
of which the city is a part. In the preparation of such plan, the Planning
Commission shall make or cause to be made comprehensive surveys and studies
of past and present conditions and trends relating to land use, population
and building intensity, public facilities, transportation and transportation
facilities, economic conditions, natural resources, and may include any
other element deemed necessary to the comprehensive plan. Such proposed
plan, which may in addition to a written presentation, include maps, plats,
charts and other descriptive matter, shall show the Commission's
recommendations for the development or redevelopment of the territory
including:
(a) The general location, extent and relationship of the use of land
for agriculture, residence, business, industry, recreation, education, public
buildings and other community facilities, major utility facilities both
public and private and any other use deemed necessary;
(b) Population and building intensity standards and restrictions
and the application of the same;
(c) Public facilities including transportation facilities of all
types whether publicly or privately owned which relate to the transporation
of persons or goods;
(d) Public improvement programming based upon a determination of
relative urgency;
(e) The major sources and expenditure of public revenue including long
range financial plans for the financing of public facilities and capital
improvements, based upon a projection of the economic and fiscal activity of
the community, both public and private;
(f) Utilization and conservation of natural resources; and
(g) Any other element deemed necessary to the proper development
or redevelopment of the area.
(K.S.A. Supp. 12-12-704)
The Commission shall cause to be prepared zoning studies and a
zoning Ordinance, and shall make recommendations on the zoning of all
land within the jurisdiction designated by the Council. The Commission
shall also cause to be prepared and adopted recommendations governing
the control of subdivisions within an area designated by the City Council.
Section 5. CONSTRUCTION, PUBLIC FACILITY OR UTILITY; APPROVAL,
DISAPPROVAL OF PLANNING COMMISSION. Whenever the Planning Commission shall
have adopted and certified the comprehensive plan of the community or
of one or more major sections or districts thereof, then and henceforth no
public improvement, public facility or public utility of a type embraced
within the recommendations of the comprehensive plan or portion thereof
shall be constructed without first being submitted to and being approved by
the Planning Commission as being in conformity with the plan. If the
Planning Commission does not make a report within sixty (60) days, the
project shall be deemed to have been approved by the Planning Commission.
In case the Planning Commission shall find that any such proposed public
improvement facility or utility does not conform to the plan, the
commission shall submit forthwith in writing the manner in which such proposed
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improvement, facility or utility does not conform, to the governing body
sponsoring the same, and such governing body may, by a recorded vote of
three-fourths (3/4) majority of its membership overule the disapproval of
the Planning Commission and the plan for the area concerned shall be deemed
to have been amended and the Planning Commission shall make the necessary
changes in the plan to reflect the same. (K.S.A. Supp. l2-704a)
Passed by the City Council this~~ day of May, 1981.
Approved by the Mayor
1981.
Attest: aua.L. c? ~
City Clerk
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