Rezoning and Special Use Permit Procedures:

1. Newspaper Publication: The City will be responsible for publishing the notice of public hearing in the official City newspaper not less than 20 days prior to the date of the public hearing.
   
   
2. Posting of the Sign: Upon submission of the application, the City will supply the applicant with a sign to be posted on the property, which must be posted for a period of not less than 15 days prior to the public hearing.
   
   
3. Letters of Notification: The applicant will be responsible for mailing notices by certified mail, return receipt requested, of the proposed zoning change to all owners of property within a radius in compliance with Chapter 18.140.080 of the Overland Park Municipal Code. These notices shall be sent a minimum of 20 days prior to the Planning Commission hearings.
   
   
4. Public Hearing: The Planning Commission hears all zoning requests, hearing from the applicant and anyone in the audience wishing to speak for or against the proposal. The Commission will then make a recommendation for approval or denial to the City Council or continue the application to another Planning Commission agenda. The following is an outline of the public hearing process:
   
   
1. Staff summary of comments and recommendations.*(30 - minute maximum)
   
   
2. Applicant presentation and response to staff comments and recommendations.* (30 - minute maximum)
   
   
3. Public Hearing:* (30 - minute maximum)
   1. Anyone wishing to speak, either in favor or opposition, has an opportunity to speak.
   2. It would be appreciated if the amount of repetition is kept to a minimum by the speakers.
      
      
4. The applicant will have an opportunity to respond to points raised during the public hearing.
   
   
5. Planning Commission discussion.
   
   
6. Motion and second by the Planning Commission.
   
   
7. Planning Commission discussion of the motion.
   
   
8. Planning Commission vote on the motion.
   
   
9. Protest Period: After the Planning Commission public hearing, a 14-day protest period begins. During this time, abutting property owners within a distance described within Chapter 18.140.080 of the Overland Park Municipal Code, may file a petition protesting the proposed rezoning or special use permit with the City Clerk. Protest petition forms are available at the Planning and Development Services Department, City Hall, 8500 Santa Fe Drive or online (.pdf files):
   • Protest petition form and instructions (Rezoning)
   • Protest petition form and instructions (Special Use Permit)
     
     
10. City Council Action: After the protest period has concluded, the application will be placed on an agenda for City Council consideration. At that time, the Council will take action on the proposal. If the Council action differs from that of the Planning Commission, the item may be returned to the Planning Commission for a second hearing, and then reappear before the City Council for final action.

*The Chair has the discretion to extend the specified time limits for matters that involve an unusual degree of complexity, scope or difficulty, or which have attracted an unusual amount of public participation and interest. All such adjustments shall be announced by the Chair and shall be on an equitable basis.