Title 18 - Unified Development Ordinance

 

18.400 Right-of-way and Easement Exaction Process

18.400.060 Appeal of Determination

  1. A.
    Following calculation of the rights-of-way required and temporary construction easements to be dedicated, the City staff shall notify the applicant of their determination in writing no later than fifteen (15) business days following submission of the application for a Development Approval. Upon receipt of the City staff's determination of the rights-of-way and temporary construction easements required to be dedicated and prior to consideration of the application, the applicant may appeal the dedication requirement to the Governing Body within fifteen (15) days of the date of mailing of the City staff's notification. The appeal will automatically result in the application being removed from the approval process until the appeal process is completed. In the case of a final plat, the applicant will be required to sign a waiver of its rights to the "deemed approved" process for plats.
  2. B.
    As part of the appeal process, the appellant will be required to hire a consultant to conduct a study meeting City-established guidelines that independently determines all of the following factors with respect to the proposed project:
    1. 1.
      Total trips generated;
    2. 2.
      Average trip length;
    3. 3.
      Percent of typical trip on City Thoroughfares;
    4. 4.
      Average peak-hour trip volume on surrounding Thoroughfares; and
    5. 5.
      Appraised value of the land determined by the City staff to be required to be dedicated as rights-of-way and, if value is attributed by the appellant to any temporary construction easements, the appraised value thereof conducted by a real estate appraiser certified by the State of Kansas.
  3. C.
    Subsequent to submission of the study to the City, the Governing Body will hear the appeal and determine if the amount of rights-of-way and temporary construction easements determined by the City staff to be required to be dedicated was roughly proportional to the impact of the proposed development on the Thoroughfare system or whether the dedication requirement should be adjusted. Any appeal of the decision of the Governing Body as to the dedication requirement shall be filed in accordance with Section 18.140.430.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §6, 97)

Effective on: 1/1/1901