[{"_1":2,"_123":-5,"_124":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99,111],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6575702,"mediaKeyId","3052097-8eda887d0b21c60da84c0b3e294efdf5","parentId",3052097,"title","Kalp reviews conflict‑of‑interest, ex‑parte rules and disclosure best practices for commissioners","audioSeconds",709,"startMs",5492520,"endMs",6202060,"viewUrl","/Search/View?dp=1&key=3052097-8eda887d0b21c60da84c0b3e294efdf5&start=5492&end=6202","thumbnailUrl","https://assets.pipeline.soar.com/3052097-8eda887d0b21c60da84c0b3e294efdf5/thumbnail_5492520.jpg","articleUrl","/articles/6575702/Dickinson-County/Kansas/Kalp-reviews-conflictofinterest-exparte-rules-and-disclosure-best-practices-for-commissioners","mediaUrl","https://secure.pipeline.soar.com/6575702-e30db1d4d4ea6872e0375641de471dfc/orig.mp4?Expires=1771141572&Signature=YyQeWIHhArs5crf7g05NNbe2u0TDRVmM15DsMMIQdeEZRbs3OlsY9NsELDn7786BL1CMQFOG4jrWCueA8vgdH85FPWS2nRntJ15zX1eEhIBypCZ9dLDrnDnpEanHqmG5~I2kYQ--~gvMvwVfO1jhXwCyGt6FsIhL6dFCOVeHHXfLTlIHjM1Xr5INJKBPjM-Z8eTpS9NFU2MLyHoX2IBJfwZz~HxLUBYfrEhPedUHXH3CNNs2XGhxjUDzP8OM5jyxMYzh6-Vr2aiJ~kkJra2bV~LEwZUV6DBZ-NGngvB3r1kE5byp8CCqhsWrI5QsmWlllZdKD5TAhhRQvC91~U~V9Q__&Key-Pair-Id=KUT5TJCACFTXG","author","Dickinson County, KS","date","2025-04-18T15:33:50.47Z","article","Jim Kalp advised the Dickinson County Planning Commission on April 17 about conflicts of interest, ex‑parte communications and disclosure practices.

Kalp told commissioners they have a duty to be fair and impartial in quasi‑judicial hearings and that the safest course when a substantial personal relationship exists is to disclose the relationship on the record or to recuse. He said Kansas law emphasizes disclosure for appointed officials and that honest, timely disclosure in the hearing record generally protects a commissioner from successful legal challenge.

On ex‑parte contacts, Kalp said commissioners should avoid one‑sided communications and, when they occur, disclose them at the hearing or consider recusal if the communication undermines impartiality. He described scenarios where members of the public approach commissioners outside a public hearing and recommended either asking the person to bring the information to the public hearing or disclosing the contact on the record.

Kalp also noted the practical reality that perception matters: even a credible written disclosure may not satisfy skeptical members of the public, in which case recusal may be necessary to preserve the appearance of impartiality.","mediaType","Video","parentTitle","Planning Commission 4-17-25","oneSentenceSummary","The consultant told commissioners they should disclose relationships, avoid or disclose ex‑parte contacts and consider recusal when public perception may undermine a fair hearing.","taxTitle","Dickinson County, Kansas","taxId",61724,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6575707,"Kalp explains vesting, nonconforming uses and subdivision rules to commissioners",1435,3322725,4758235,"/Search/View?dp=1&key=3052097-8eda887d0b21c60da84c0b3e294efdf5&start=3322&end=4758","https://assets.pipeline.soar.com/3052097-8eda887d0b21c60da84c0b3e294efdf5/thumbnail_3322725.jpg","/articles/6575707/Dickinson-County/Kansas/Kalp-explains-vesting-nonconforming-uses-and-subdivision-rules-to-commissioners","https://secure.pipeline.soar.com/6575707-f3f4e7ba6d19c5e027f2c31e8fa64c24/orig.mp4?Expires=1771141572&Signature=n8YrjXo7~OEIhyNmMx2AQH4mZH1EOdPkjDMdb0OQAsh8iYftPe5bBs27LeAyXd8YwLul6gsx4OdpmjzeHUyxmNcXWqfoB167qMZEQy2Jibp2uUBKfyz7l6wNC6EuIh0hCvpA4crHgfdnb0EVrQxbu4j7Zk~aK4ECDPi0qrvp44viiIclvfHleCDt37fPj5vDY8RPPFsUbRBTIFmQGMTcovekigPgFFXkPUMCPGFWkK2MnGbb6uysa4uCZzxEGNtnQRXEFyqiimBShrakqwllR8kMo2jI82pcKCp1zDqCG6HDjNn9NVACsnv8rA~7G034awj-4YqNjluIvtKTI8nMsw__&Key-Pair-Id=KUT5TJCACFTXG","Jim Kalp walked commissioners through vesting rules, nonconforming uses and subdivision procedures at the April 17 meeting.

He described vesting as a statutory protection that preserves the right to develop under rules in effect when an approval vests; for residential plats he cited a 10‑year vesting period as an example. Kalp said vesting typically requires substantial construction or completion of required permits within the vesting window and that courts determine whether construction was substantial based on project facts.

On nonconforming uses, Kalp explained that lawful uses that became nonconforming because of a later rezoning remain legal and may continue; the county can limit enlargements, require amortization or buy out properties if it chooses to eliminate nonconforming uses. He noted a common regulatory abandonment time frame (six months) and the state rule that rebuilding after destruction depends on the percent of damage (a threshold Kalp cited as 50% of fair market value in Kansas law).

On subdivision rules, Kalp called them largely ministerial but important for orderly development and consumer protection. He reviewed the county’s approach to ag‑lot splits (an administrative split plus a planning‑commission approval for a second split in many cases) and noted the county’s practice of notifying adjacent cities for plats and certain applications.

The commission did not act on any vesting, nonconforming‑use, or subdivision appeals at this meeting.","Kalp summarized vesting rules (including a 10‑year residential vesting example), treatment of nonconforming uses and the county's subdivision and ag‑lot split procedures, advising commissioners on recordkeeping and possible regulation updates.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6575711,"Consultant urges caution on reliance on conditional use permits; recommends clearer zoning map",158,1032290,1190585,"/Search/View?dp=1&key=3052097-8eda887d0b21c60da84c0b3e294efdf5&start=1032&end=1190","https://assets.pipeline.soar.com/3052097-8eda887d0b21c60da84c0b3e294efdf5/thumbnail_1032290.jpg","/articles/6575711/Dickinson-County/Kansas/Consultant-urges-caution-on-reliance-on-conditional-use-permits-recommends-clearer-zoning-map","https://secure.pipeline.soar.com/6575711-749016bf4f710ea1192139fe28c0522c/orig.mp4?Expires=1771141572&Signature=FHXb~dKFIs8XPKToEi2y7r2qmjsLFA6IgzoB19hov0j9eK2rurK5khHaYgWzBgdXYUE3of0kCRSm5Hy8qP-qaBVQ11NYM7H-lxlojTOHSis--XRr3NYRDzvRvtUFkhiu~v~ITAHmW6fKxG1KPKY9hIw-XnJ4NPXdo811bilfmbmtmkavQN03jtp3twQ7zJxtU4pLpK6aRRCN5VlEFTy9z6EQ-GYaZ-hC1-D2j8RIiKTMCTODaF-i9pwd1z-GNx1ys40DEUfNjyBm0n9Kw-0Al~YbZFBa4Ra5zBoLT1rds-K-FFITzMF4jVE9qRZJ7fSgNc7AX2T8vOnTpODPVXi1-Q__&Key-Pair-Id=KUT5TJCACFTXG","At the April 17 meeting Jim Kalp warned Dickinson County commissioners that heavy reliance on conditional use permits can create unpredictability for neighbors and developers and advised moving gradually toward a more conventional zoning map tied to infrastructure and the comprehensive plan.

Kalp said CUPs let property owners apply for uses that are not otherwise permitted and that wide availability of CUPs (the handout lists roughly 60 categories) leaves neighbors unsure what might be proposed next door. \"It raises people's fears,\" he said, and it makes long‑range planning difficult because the county cannot reliably predict what uses will appear on individual parcels.

He recommended that, during the zoning‑regulation update now under way, the county consider creating conventional residential, commercial and industrial zones in appropriate locations and aligning the future land‑use map with infrastructure capacity (for example, proximity to potential sewer extension). He noted that the county's existing future land‑use map dates to an earlier plan and said that updating it would improve predictability. He cautioned that translating many existing CUPs into a new zoning scheme will be a long, incremental process because previously issued CUPs will remain as vested administrative actions until they expire or are altered by law.

No ordinance or rezoning action was taken at the meeting.","Jim Kalp told the commission that heavy use of conditional use permits (CUPs) reduces predictability and urged a move toward clearer zoning classifications and an updated future land‑use map tied to infrastructure.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6575715,"Consultant briefs commission on legal standards for planning decisions and appeals",69,119189,188930,"/Search/View?dp=1&key=3052097-8eda887d0b21c60da84c0b3e294efdf5&start=119&end=188","https://assets.pipeline.soar.com/3052097-8eda887d0b21c60da84c0b3e294efdf5/thumbnail_119189.jpg","/articles/6575715/Dickinson-County/Kansas/Consultant-briefs-commission-on-legal-standards-for-planning-decisions-and-appeals","https://secure.pipeline.soar.com/6575715-3b1037365626692834aef6883fedf582/orig.mp4?Expires=1771141572&Signature=QevgoQiSjbVrZpyvdNB84ZUeJVDD~US7kt8KZl6R~9OF3pW06uE1bkg9O74uYnNnZf46uAAUo4ZmfdDoXTOcqw957fN0LhJl2nfJYtfvYdB-p3jl9D2zTezZjA0gBl2RtEfDzx6kP3n30MfHUulAjU-iZS8yrgTeDPQesMSTOLiMjatQO4~KXcEEDS33c6wUQNJlsuyHNTsM9CPyrn497HDsZlY1henXQuprXynLhWp3DGIdyalsT4ulHHiSA0QHsTN9VQfVxW9B07Lm0~tag1pSwOYPOrMr3raFbhJVrrOxybNf1-aBoZqJhTjUidR-5YYGmLY7hXV5TkAK2Vlkgw__&Key-Pair-Id=KUT5TJCACFTXG","Attorney and planning consultant Jim Kalp told the Dickinson County Planning Commission on April 17 that the controlling legal standard for quasi‑judicial land‑use decisions is one of reasonableness and that courts most commonly reverse decisions that are fraudulent, arbitrary or unsupported by the record.

Kalp said, \"a decision that's fraudulent is not reasonable. A decision that's arbitrary, arbitrary, or capricious is not reasonable,\" and he urged commissioners to ensure that the written record—staff reports, proposed findings and public testimony—supports their conclusions. He advised commissioners to prepare clear proposed findings, particularly when the commission’s recommendation will differ from staff’s, to give the Board of County Commissioners an explainable basis for its review.

On appeals, Kalp said the county commission typically bases its review on the planning commission record and that the upstairs board only occasionally accepts strictly limited new technical information. He warned that if the Board of County Commissioners receives new evidence it may remand the matter back to the planning commission for further record development rather than overturning the planning commission’s decision.

Kalp also noted practical risks that can arise when applicants present different information at the county board level than they presented to the planning commission, calling such ‘‘bait‑and‑switch’’ tactics damaging to public confidence. He recommended that planning commissioners document discussion of how each application aligns with the comprehensive plan and the specific findings that support any recommendation.

No formal appeal, ordinance or resolution was under consideration during this briefing.","Attorney Jim Kalp told the Dickinson County Planning Commission that decisions must be supported by the record; courts reverse decisions that are fraudulent, arbitrary or unsupported by evidence and the Board of County Commissioners may remand matters to the commission.",{"_33":112,"_35":36,"_37":38,"_39":113,"_41":114,"_43":115,"_45":116,"_47":117,"_49":118,"_51":119,"_53":120,"_55":56,"_57":58,"_59":121,"_61":62,"_63":64,"_65":122,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6575719,"Dickinson County Planning Commission approves minutes, hears extended briefing on land‑use rules",7201,64600,7266260,"/Search/View?dp=1&key=3052097-8eda887d0b21c60da84c0b3e294efdf5&start=64&end=7266","https://assets.pipeline.soar.com/3052097-8eda887d0b21c60da84c0b3e294efdf5/thumbnail_64600.jpg","/articles/6575719/Dickinson-County/Kansas/Dickinson-County-Planning-Commission-approves-minutes-hears-extended-briefing-on-landuse-rules","https://secure.pipeline.soar.com/6575719-2176b1dc1749c2a3d2b990c3ae6aeee8/orig.mp4?Expires=1771141572&Signature=lFz9X9qlXifgdRT-X-6EV7O53vjrnW6741YHX-6LrtlkHL-I5zdfj8ks4-aQr8jyvDcQLgXjLw6uW1iLHMGyugHqvkT255MWn9vYDvnrSqqlzW4cB2FZkNQyOHtwTNTz-7btY3OY1uHRBix6uSCPVsaL-EPQdwxYhTEBUph~dHJ~yivbZgS54j-7hsO2UNbW~PkYBq38W4RWg1G8nidTJS~mF~bzcpq-xRJjZq4PQdpVca1A5Jo5PztNJrvBKBMtgakv2LPbyeJA~8ulE8Wvf0q2nXeeQioKydQmmPE6aSGcfPHmY9~f1ulAc-NoZ8sNriX1owCA08QrwvC-bgrGYg__&Key-Pair-Id=KUT5TJCACFTXG","The Dickinson County Planning Commission approved the minutes from its March meeting and spent the bulk of its April 17 meeting receiving an extended legal briefing from planning consultant and attorney Jim Kalp on how the commission’s decisions are reviewed on appeal, conditional use permits and other land‑use practices.

Kalp reviewed legal standards for quasi‑judicial decisions, emphasizing that a county decision must be supported by the record and noting common grounds for judicial reversal — fraud, arbitrariness or lack of supporting evidence. He described typical interactions with the Board of County Commissioners on appeals and remands and answered commissioners’ procedural questions. The commission also discussed subdivision rules and ag‑lot split procedures, and staff said a billboard sign application is expected to appear on the June 19 agenda.

The briefing covered many operational items the commission uses when preparing staff reports and findings, including reliance on the comprehensive plan, how to weigh “golden factors” in findings, vesting and nonconforming‑use rules, and standards for disclosing conflicts of interest and handling ex parte contacts. Kalp repeatedly advised commissioners to put conclusions and alternative findings into the record when their recommendation differs from staff’s, so the Board of County Commissioners has a clear basis for review.

The meeting opened at 7:00 p.m. with a roll call of Commissioners Wolf, Fink, Barrett, Volkman and Graves. After the Kalp presentation, commissioners took routine miscellaneous business and were told a billboard sign application is anticipated in June. The meeting adjourned by motion later in the session.

Votes at a glance

• Motion to approve minutes of March 2025 — moved and seconded; outcome: approved (motion passed). (Transcript excerpt: “It's moved and seconded to approve minutes of March twentieth of 20 25. All in favor, please raise your right hand... Motion passed.”)

• Motion to adjourn — moved and seconded; outcome: approved (motion passed). (Transcript excerpt: “It's been moved and second to adjourn the meeting. All in favor, say aye. Aye.”)

The commission did not take any land‑use final decisions or votes on conditional use permits, rezonings or plats during this session; discussion focused on procedure and regulation updates.","Commissioners approved March minutes, heard a multi‑hour legal briefing from planning consultant Jim Kalp covering due process, conditional use permits, vesting, nonconforming uses, subdivision rules, ethics and interlocal notification; a billboard application was noted for June.","actionData","errors"]

Article not found

Kalp reviews conflict‑of‑interest, ex‑parte rules and disclosure best practices for commissioners

Kalp explains vesting, nonconforming uses and subdivision rules to commissioners

Consultant urges caution on reliance on conditional use permits; recommends clearer zoning map

Consultant briefs commission on legal standards for planning decisions and appeals

Dickinson County Planning Commission approves minutes, hears extended briefing on land‑use rules