12-1772. Procedure for establishing a redevelopment project or bioscience development project; project plan; hearing; posthearing changes.
12-1772
12-1772. Procedure for establishing a redevelopment
project or bioscience development project; project plan; hearing; posthearing
changes.
(a) Redevelopment projects. One
or more redevelopment projects or bioscience development projects may be
undertaken by a city within an established redevelopment district or
bioscience
development district. Any such
project plan may
be implemented in separate development stages. Any city proposing to undertake
a redevelopment project or bioscience development project within a
redevelopment
district or bioscience development district established pursuant to
K.S.A. 12-1771, and
amendments thereto,
shall prepare a project plan in consultation with the planning
commission of the city
and, in the case of a
bioscience development district, with the approval of the bioscience
authority. The
project plan shall include:
(1) A summary of the feasibility study done as defined in K.S.A.
12-1770a, and amendments thereto, which will be an open record;
(2) a reference to the district plan established under
K.S.A. 12-1771, and
amendments thereto, that identifies the redevelopment or bioscience
development project area that is set
forth in the
project plan that is being considered;
(3) a description and map of the redevelopment or bioscience
development project area to be
redeveloped;
(4) the relocation assistance plan required by K.S.A. 12-1777, and amendments
thereto;
(5) a detailed description of the buildings and facilities proposed to be
constructed or
improved in such area; and
(6) any other information the governing body deems necessary to advise the
public of the
intent of the project plan.
(b) Resolution requirements. A copy of the redevelopment
project plan or
bioscience development project
plan
shall be delivered to the
board of county commissioners of the county and the board of education of any
school district
levying taxes on property within the proposed redevelopment project area or
bioscience
development project area. Upon
a finding by the planning commission that the project plan is
consistent
with the intent of the comprehensive plan for the development of the
city, the
governing body of the city shall adopt a resolution stating that the city is
considering the adoption of the project plan. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the adoption
of the
redevelopment project plan or bioscience development project plan and
fix the date,
hour and place of such public
hearing;
(2) describe the boundaries of the redevelopment district or bioscience
development district within which the
redevelopment or bioscience development
project will be located and the date of establishment of such district;
(3) describe the boundaries of the area proposed to be included within the
redevelopment project area or bioscience development
project area; and
(4) state that the project plan, including a summary of the
feasibility
study, relocation
assistance plan and financial guarantees of the prospective developer and a
description and map of
the area to be redeveloped or developed are available for inspection
during regular office
hours in the office of the
city clerk.
Except as provided in paragraph (3) of subsection (b) of K.S.A. 12-1774, and
amendments
thereto, if the governing body determines that it may issue full faith and
credit tax increment bonds to finance the redevelopment project or
bioscience
development project, in whole or in
part, the resolution also shall include notice thereof.
(c) (1) Hearing. The date fixed for the public hearing shall be
not less than 30 nor more than
70 days following the date of the adoption of the resolution fixing the date of
the hearing.
(2) A copy of the resolution providing for the public hearing shall be
by certified mail, return receipt requested, sent to the board
of county commissioners of the county and the board of education of any school
district levying
taxes on property within the proposed redevelopment project area or
bioscience
development district project area. If the project is a bioscience
development project, a copy of the resolution providing for the public hearing
shall also be sent by certified mail, return receipt requested, to the Kansas
development finance authority. Copies also
shall be sent by certified mail, return receipt requested to each owner and
occupant of land within the
proposed redevelopment project area or bioscience development project
area not more
than 10 days following the date of
the adoption of the resolution. The resolution shall be published once in the
official city newspaper not less than one week nor more than two weeks
preceding
the date fixed for the public hearing. A sketch clearly delineating the area in
sufficient detail to advise the reader of the particular land proposed to be
included within the project area shall be published with the resolution.
(3) At the public hearing, a representative of the city shall present the
city's proposed
project plan. If the hearing is for a proposed bioscience development
project, a representative of the Kansas bioscience authority shall
assist in presenting the proposed bioscience project plan. Following the
presentation of the project plan, all
interested
persons shall be given an
opportunity to be heard. The governing body for good cause shown may recess
such hearing to a time
and date certain, which shall be fixed in the presence of persons in attendance
at the hearing.
(d) The public hearing records and feasibility study shall be subject to the
open records act,
K.S.A. 45-215, and amendments thereto.
(e) Posthearing procedure. Following the public hearing, the
governing body may adopt the
project plan by ordinance passed upon a 2/3 vote and, in the case of a
bioscience project plan, with the approval of the bioscience authority.
(f) Any substantial changes as defined in K.S.A.
12-1770a, and amendments thereto, to the project plan as adopted
shall be
subject to a public hearing following publication of notice thereof at least
twice in the official city newspaper.
(g) Any project shall be completed within 20 years from the
date of the approval of the
project plan.
(h) A bioscience development project may be undertaken in a bioscience
development district in the unincorporated area of a county by resolution of
the board of county commissioners governing the area if:
(1) The bioscience development project is approved by the Kansas bioscience
authority; and
(2) the board of county commissioners follows the notice, hearing and
approval
procedures required of a city to establish a bioscience development project.
(i) When establishing a bioscience development project as described in
subsection (h), any references to "city" contained in this section shall mean
"county".
History: L. 1976, ch. 69, § 3;
L. 1979, ch. 52, § 3;
L. 1981, ch. 173, § 26;
L. 1982, ch. 75, § 8;
L. 1984, ch. 74, § 3;
L. 1988, ch. 78, § 3;
L. 2001, ch. 103, § 7;
L. 2004, ch. 112, § 27;
L. 2005, ch. 132, § 4; Apr. 21.