Cities across Kansas consider a range of factors when evaluating requests for rezoning or special use permits (SUPs). While local codes and processes may vary, many cities in Kansas follow substantially similar criteria when reviewing each application, apply unique facts to comparatively common elements.
Common Criteria Considered by Cities
While not all cities in the area provide a detailed list of factors for rezoning or SUP applications, some cities, including Overland Park and Prairie Village, outline the key considerations for reviewing these requests on their websites. These factors include:
- Compatibility with the Neighborhood: The current zoning and uses of nearby properties, and the character of the neighborhood.
- Road and parking safety and capacity: The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use, or present parking problems in the vicinity of the property.
- Availability of Public Services: The extent to which utilities and services, including but not limited to, sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.
- Environmental Concerns: The extent to which the proposed use would create excessive stormwater run-off, air pollution, water pollution, noise pollution or other environmental harm.
- Compliance with Zoning Regulations: The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations or unified development ordinance.
- Alignment with the Comprehensive Plan: The conformance of the proposed use to the comprehensive plan, the land use intensity system, and other adopted planning policies.
- Staff Recommendations: The recommendation of professional staff.
- Vacancy of the Property: The length of time the property has been vacant as it is currently zoned.
- Public Health and Welfare vs. Landowner Hardship: Any gain to the public health, safety, and welfare due to the application denial, as compared to the hardship imposed on the landowner, if any, as a result of the application denial.
- Other Relevant Factors: The Planning Commission and City Council may also consider other relevant factors.
Examples from Kansas Case Law
The foundational Kansas case Golden v. City of Overland Park, 224 Kan. 591 (1978), established a legal framework for reviewing rezoning decisions. The court laid out a variety of factors, including these key factors:
- The character of the neighborhood.
- The zoning and use of nearby properties.
- The suitability of the property for the uses to which it has been restricted.
- The extent of potential negative effects on nearby properties.
- The relative gain to the public compared to the loss in value or hardship imposed on an applicant.
The Court emphasized that cities have the discretion to approve or deny rezoning requests and that courts reviewing those decisions are limited to assessing whether 1) the city followed lawful procedures, and 2) The decision was reasonable (not arbitrary or capricious).
Comprehensive Plans as a Key Guide
Cities like Overland Park, Lenexa, Prairie Village and Kansas City rely heavily on their Comprehensive Plans as primary tools in decision-making. Comprehensive Plans typically include a city’s long-term land use goals, infrastructure capacity, housing needs, and environmental sustainability.
If your city has one, it is recommended you review the Comprehensive Plan to ensure you understand your city’s goals and how your application will help contribute to those goals.
Final Thoughts and Helpful Resources
If you’re considering rezoning in Kansas or seeking a special use permit, start early, plan carefully, and work with a team that understands the nuances of the process.
Below is a sampling of some resources to help you familiarize yourself with the rezoning and/or SUP process in your area.