[R.O. 1996 § 100.060; CC 1968 § 1-4]
All ordinances establishing and amending
the description of the City boundaries are on file in the office of
the City Clerk.
[R.O. 1996 § 100.065; Ord. No. 3505 § 1, 10-21-2002]
This Section sets out the required
review and approval procedures for the detachment of territory (deannexation)
of any portion of land within the corporate limits of the City of
Blue Springs.
A. Application Submittal. A complete application
for the detachment of territory (deannexation) shall be submitted
to the Community Development Director in a form established by the
City [detachment (deannexation) application], along with a non-refundable
fee that has been established by the City to defray the cost of processing
the application. No application shall be processed until the application
is complete and the required fee has been paid. The application shall
be made and shall be signed by all owners of lands that the owners
seek to have detached (deannexed). If the application is not submitted
by all such owners, that fact shall be noted on the application along
with the names and addresses of all owners who are not a party to
the application. The following shall be submitted in support of a
detachment (deannexation) application:
1.
A written explanation of why the
detachment of territory (deannexation) is being requested.
2.
Names and addresses of all owners
of property abutting the proposed territory to be detached (deannexed).
3.
Notarized affidavit(s) from each
owner(s) of land that is proposed to be detached (deannexed), who
are not listed as an applicant, indicating their consent to the detachment
of territory (deannexation).
4.
A survey or such other drawing acceptable
to the Director of Community Development depicting the proposed territory
to be detached (deannexed), any utilities contained therein and the
properties and each property's ownership surrounding the proposed
territory to be detached (deannexed).
5.
A legal description of the property
to be detached (deannexed).
B. Review And Report — Director Of Community
Development. The Director of Community Development shall prepare a
staff report that reviews the proposed detachment (deannexation) request
in light of the Comprehensive Plan and the general needs of the City
to include the proposed detachment's affect on surrounding land within
the City. The Director of Community Development shall provide a copy
of the report to the Planning Commission and the applicant at least
five (5) days before the scheduled Planning Commission public hearing.
C. Notice Of Public Hearing.
1.
Newspaper Notice. Notice of the time
and place of the scheduled public hearing before the Planning Commission
shall be published in a newspaper of general circulation at least
two (2) weeks prior to the public hearing, said notice to include
the legal description of the property to be detached (deannexed).
2.
Written Notice. The City will attempt
to notify, by mail, all owners of property abutting the proposed territory
to be detached (deannexed).
D. Review And Recommendation — Planning
Commission. The Planning Commission shall consider the detachment
(deannexation) request in light of the Comprehensive Plan, the public
hearing and the general needs of the City to include the proposed
detachment's affect on surrounding land within the City. After such
consideration, the Planning Commission shall make a recommendation
to approve or disapprove the detachment (deannexation). The Planning
Commission recommendation shall be provided to the City Council and
the applicant at least five (5) days before the meeting at which the
City Council considers the detachment (deannexation).
E. Review And Action — City Council.
The City Council shall consider the detachment (deannexation) request
at a regular meeting. The City Council may approve (said approval
to be by ordinance) the application if it determines from the submitted
evidence and testimony that:
1.
Due and legal notice has been given
by publication as required herein;
2.
No private rights will be injured
or endangered by the detachment (deannexation);
3.
The public will suffer no loss or
inconvenience thereby and that in justice to the applicant or applicants
the application should be granted; and
4.
That the detachment (deannexation)
is in the City's best interests. The City may retain easements in
the detached (deannexed) property if deemed necessary for the public
good or welfare.
F. Any ordinance passed detaching (deannexing)
territory shall contain the legal description of the land detached
(deannexed) and shall instruct the City Clerk to cause three (3) certified
copies of the ordinance to be filed with the County Clerk of Jackson
County, Missouri, and to cause a certified copy of the ordinance to
be recorded in the office of the Director of Records of Jackson County,
Missouri, at Independence.