102-5-6 Rezone Procedure

1. Preapplication meeting; concept plan requirement. Prior to submittal of a rezone application, the applicant shall attend a pre-application meeting in which the proposal is discussed with City planning staff. After the pre-application meeting, the Planning Director or designee may require a concept development plan to be submitted with the application. After application submittal, if no concept plan was previously required, the Planning Director or designee, the Planning Commission, or the City Council may require a concept development plan or any other information to address emerging impacts. 2. Application process. A rezone application is not entitled to be reviewed until it meets the requirements outlined in Section 102-5-4 of this chapter, and after the application is deemed complete by the Planning Director or designee. Once complete, the application is entitled to be processed in the following manner: 1. Planning Commission review and recommendation. Upon receiving a recommendation from staff regarding a rezone application, and after holding a public hearing pursuant to State Code, the Planning Commission shall review the application and prepare its recommendation. The Planning Commission may recommend approval, approval with modifications, or denial of the proposed amendment. The Planning Commission’s recommendation shall then be submitted to the City Council for review and decision. 2. City Council review and decision. Upon receiving a recommendation from the Planning Commission regarding a rezone application, the City Counil shall schedule and hold a public hearing to review and make a decision on the application. Following the public hearing the City Council may approve, approve with modifications, or deny the proposed amendment. Prior to making a decision that goes contrary to the Planning Commission’s recommendation, the City Council may, but is not obligated to, remand the application to the Planning Commission with a request for another recommendation with additional or specific considerations. 3. Decision criteria. A decision to amend the zoning map is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. However, in making an amendment, the City Council and Planning Commission are encouraged to consider the following factors, among other factors they deem relevant: 1. Whether the proposed amendment is consistent with goals, objectives, and policies of the City’s general plan. 2. Whether the proposed amendment is compatible with the overall character of existing development in the vicinity of the subject property, and if not, consideration of the specific incompatibilities within the context of the general plan. 3. The extent to which the proposed amendment may adversely affect adjacent property. 4. The adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, stormwater drainage systems, water supplies, wastewater, and refuse collection. 5. Whether the proposed rezone can be developed in a manner that will not substantially degrade natural/ecological resources or sensitive lands. 6. Whether proposed traffic mitigation plans will prevent transportation corridors from diminishing below an acceptable level of service. 4. One-year period before reapplication if denied. Where a rezoning application has been denied, the City shall not accept a substantially similar zoning amendment application within one (1) year of a denial unless there is a substantial change of conditions since the earlier application. A new application, with the applicable fee, shall be required and processed in accordance with the procedure outlined in this section. 3. Application expiration. Rezoning applications shall expire 18 months after submittal, if not acted upon. The Planning Director may extend the expiration date for six months for just cause. 4. Notice. The first public hearing regarding the rezone shall be noticed as required by State Code, and mailed to the owner of record of each parcel within 500 feet of the boundary of the area proposed to be rezoned. The mailed notice shall be postmarked at least 10 (ten) calendar days prior to the first public hearing.