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Minutes for SB248 - Committee on Ethics, Elections and Local Government

Short Title

Extraterritorial zoning, subdivision regulations; mailed notice to land owners of record.

Minutes Content for Tue, Feb 4, 2020

Chairperson Bowers opened the hearing on SB248.  Mike Heim, staff revisor, presented a briefing on the bill.  After questions by the Committee were addressed, the hearing continued.

Senator Holland testified in support of SB248.  Senator Holland provided background on the reason for this bill describing an issue with the City of Basehor.  Senator Holland explained some of the history of the extraterritorial zoning statutes.  Senator Holland's testimony stated this legislation would require written notification of a scheduled public hearing to be mailed to affected property owners when a city or county considers an interlocal cooperation agreement.  (Attachment 1)

Senator Holland spoke briefly regarding SB296-Rejected rezoning requests to cities and counties may not be resubmitted for a period of one year.  Senator Holland's testimony stated SB296 would preclude a proposed rezoning amendment from being heard within one year of rejection.  Senator Holland indicated if there was a successfully filed protest petition, there would need to be a super majority vote required in the county commission to implement that zoning amendment.  (Attachment 2)

Senator Holland and Mr. Heim addressed questions from the Committee.

Sherri Grogan testified in support of SB248.  Ms. Grogan provided an overview of the situation with Leavenworth County and the City of Basehor.  Ms. Grogan indicated citizens shouldn't have to be responsible for providing notifications to the neighbors.  Ms. Grogan's testimony stated a formal notification process will provide transparency and encourage dialog between the city, county and citizens.  Ms. Grogan responded to questions from the Committee.  (Attachment 3)

Diane Strick testified in support of SB248.  Ms. Strick addressed how the bill will benefit affected property owners.  Ms. Strick stated the bill is needed as they were surprised at how many of the area property owners were unaware of the inter-local agreement being proposed and the planning and zoning changes that would be implemented.  Ms. Strick responded to questions from the Committee.  (Attachment 4)

James Seeman testified in support of SB248.  Mr. Seeman addressed how the bill will benefit affected property owners.  Mr. Seeman stated this bill will make more people aware if the city or county plans to make changes in the neighborhoods.  Mr. Seeman indicated this is the first step in legislation that will hopefully help regain some of their control and say over what happens to their property.  Mr. Seeman responded to questions from the Committee.  (Attachment 5)

Written testimony in support of SB248 was submitted by:

Kody Willnauer, private citizen (Attachment 6)

Chairperson Bowers announced that due to time constraints, the hearing on SB248 will be continued for the opponent testimony at a future date.