PROTEST PETITION CONCERNING A REZONING APPLICATION AND PRELIMINARY DEVELOPMENT PLAN APPLICATION APPROVAL
WHEREAS, we, the undersigned owners of real property, are aware that Application Nos. OX-PRB3-2284, Rezoning and OX-PDP-2285, Preliminary Development Plan approval for a Retail Shopping Center are currently pending before the Board of County Commissioners of Johnson County, Kansas (hereinafter, BOCC); and
WHEREAS, said applications request a rezoning of a particular tract of land from Zone RUR Rural District to Zone PRB-3, Planned Urban Neighborhood Retail Business District with a Preliminary Development Plan for a Retail Shopping Center; and
WHEREAS, we, the undersigned owners, hereby state that we are owners of real property within one thousand (1,000) feet of the boundaries of the following described real property, which is the subject of the rezoning application and preliminary development plan:
(LEGAL DESCRIPTION) See legal description attached or on back of this petition.
WHEREAS owners of twenty percent (20%) or more of the total land area, except public streets and ways, located within one thousand (1,000) feet of the boundaries of the property described above must sign for this petition to be valid; and
WHEREAS, we, the undersigned owners, protest the approval of said applications for the following reasons: 1. The Blue Valley Plan (Master Plan) designates this tract as "transition"-- residential with possible urban densities. 2. This proposed rezoning and plan for a retail shopping center does not comply with the Comprehensive (Master) Plan. 3. A 31-acre PRB-3 rezoning for heavy commercial for a retail shopping center is not compatible with surrounding parcels, especially residential subdivisions; is detrimental to nearby properties; and would be inconsistent with uses of abutting and nearby properties.
NOW, THEREFORE, we, the undersigned owners, hereby protest Application No. OX-PRB3-2284 and Application No. OX-PDP-2285 and further petition the BOCC to deny said applications and, in any event, require that the resolution adopting such rezoning and preliminary development plan, if any, shall not be passed except by a favorable vote of at least 4/5 of all of the members of the BOCC, pursuant to K.S.A. 19-2960 and any amendments thereto.
IN WITNESS WHEREOF, we, the undersigned owners, have signed this petition in protest of Application Nos. OX-PRB3-2284 and OX-PDP-2285.
LEGAL SIGNATURE OF OWNER/S ADDRESS
(All owners of property must sign) (Include City, State, and Zip Code)
STATE OF KANSAS )
COUNTY OF JOHNSON )
The foregoing instrument was acknowledged before me this ____day of __________, 2002, by
My commission expires:_______