CHAPTER XIX. ZONING AND PLANNINGCHAPTER XIX. ZONING AND PLANNING\ARTICLE 1. CITY PLANNING COMMISSION

There is hereby created a commission to be known as the City Planning Commission of the City of Russell.

(K.S.A. 12-701; Code 1973, 19-101; K.S.A. 12‑741 et seq.)

The city planning commission shall consist of five members who shall be appointed by the mayor with the consent of the council. The members shall serve for terms of three years from the first day of May of the year in which they are appointed; the terms of the members shall be so adjusted that the terms of members shall be staggered. Vacancies caused by death, resignation or other disability of any member shall be filled for the unexpired term only. The members of such commission shall serve without compensation and shall perform the duties and have the powers hereinafter provided for.

(K.S.A. 12-702; Code 1973, 19-102; K.S.A. 12-744; Ord. 1777, Sec. 1)

The members of the city planning commission shall meet at least once a month at such time and place as they may fix by resolution. They shall select one of their members as chairperson and one as vice chairperson, and a secretary who may or may not be a member of the commission, each of whom shall serve one year, and until their successors have been selected by the commission. Special meetings may be called at any time by the chairperson or in his or her absence by the vice chairperson. 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 its proceedings.

(K.S.A. 12 -703; Code 1973, 19-103)

(a)   The city planning commission is hereby authorized to make or cause to be made a comprehensive plan for the development of the city and any unincorporated territory lying outside of the city but within the County of Russell, which in the opinion of the city planning commission forms the total community of which the city is a part. In the preparation of such plan, the city 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:

(1)   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;

(2)   Population and building intensity standards and restrictions and the application of the same;

(3)   Public facilities including transportation facilities of all types whether publicly or privately owned which relate to the transportation of persons or goods;

(4)   Public improvement programming based upon a determination of relative urgency;

(5)   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 city, both public and private;

(6)   Utilization and conservation of natural resources; and

(7)   Any other element deemed necessary to the proper development or redevelopment of the area.

(b)   The city planning commission, by an affirmative vote of a majority of its members, may approve the recommended comprehensive plan as a whole by a single resolution or may by successive resolutions approve parts of the plan. Such resolution shall specifically identify any maps, plats, charts, or other materials made a part of such plan. Before the approval of any such plan or part thereof, the city planning commission shall hold a public hearing thereon, notice of which shall be published once in the official city newspaper at least 20 days prior to the date fixed for hearing. Upon the approval of any such plan or part thereof, a certified copy of the same shall be submitted to the governing body of the city and all other legislative and administrative agencies affected thereby.

(c)   The governing body of the city and other legislative and administrative agencies shall, within 60 days after receipt thereof, consider such proposed plan or part thereof and submit a statement containing its recommendations regarding the same to the city planning commission. The commission shall reconsider such matter and thereafter may adopt such proposed plan or part thereof as the official plan of the city. All reports and documents forming the plan or part thereof as adopted shall bear the signature of the chairperson and secretary of the city planning commission and an attested copy of the same shall be certified to all legislative and administrative agencies affected by the plan. Such plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best promote the health, safety, morals, order, convenience, prosperity and general welfare as well as a wise and efficient expenditure of public funds.

(d)   The city planning commission may at any time review or reconsider the plan or any part thereof and may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension, or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. The commission shall annually review such plan for the purpose of determining if any portion of the plan has become obsolete and shall make a report to the governing body regarding the same on or before the first day of June each year.

(K.S.A. 12-704; Code 1973, 19-104)

Whenever the city planning commission shall have adopted and certified the comprehensive plan of the city 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 commission as being in conformity with the plan. If the commission does not make a report within 60 days, the project shall be deemed to have been approved by the commission. In case the 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 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 majority of its membership overrule the disapproval of the city planning commission and the plan for the area concerned shall be deemed to have been amended and the city planning commission shall make the necessary changes in the plan to reflect the same.

(K.S.A. 12-704a; Code 1973, 19-105)

On or before the first Monday in July of each year the city planning commission shall prepare and submit to the governing body of the city its budget of expenditures for the ensuing year, itemizing the expenses and amounts and the purpose. The city governing body shall thereupon consider the budget and make such allowances to the city planning commission as it shall deem proper including funds for the employment of such employees or consultants as the governing body may authorize and provide and shall add the same to the general budget of the city: Provided, That the governing body may, prior to the time that moneys are available under the budget as herein provided, appropriate moneys for such purposes from the general fund. The governing body may enter into such contracts as it may deem necessary for the purposes of this act and may receive and expend funds and moneys from the state or federal government or from any other source for such purpose.

(K.S.A. 12-706; Code 1973, 19-106)

(a)   The Comprehensive Development Plan for the Russell Area, Kansas: 2016-2036, dated April 14, 2016, as adopted by the Russell City Planning Commission, which is certified and on file in the City Clerk’s office, is hereby approved as the official comprehensive plan for the City of Russell.

(b)   An attested copy of the Plan document shall be sent to all other taxing subdivisions in the Planning Area which request a copy, as required by K.S.A. 12-747(c).

(c)   At least once a year, the Planning Commission shall review or reconsider the Plan or any part thereof, and may propose amendments, extensions, or additions which shall be adopted in the same manner as the original comprehensive plan, as required by K.S.A. 12-747(d).

(K.S.A. 12-747 et seq.; Ord. 1881)