Chapter 17.72
AMENDMENTS AND REVIEW PROCEDURES
Sections:
17.72.010 Amendments – Permitted conditions.
17.72.030 Public hearing and notification required.
17.72.040 Planning commission – Decision on applications – Time limit.
17.72.050 Planning commission – Notice of decision.
17.72.060 Appeal – Council decision.
17.72.080 Site plan review and decision procedures – Zone changes.
17.72.010 Amendments – Permitted conditions.
Whenever public necessity, convenience and general welfare require, the boundaries of the zones established on maps by the ordinance codified in this title, the classification of property uses in this title, land use designations established by the comprehensive plan, or other provisions of this title or the plan may be amended as follows:
A. By amending the zoning map; or
B. By amending the text of the zoning ordinance codified in this title; or
C. By amending the comprehensive plan map; or
D. By amending the comprehensive plan text; or
E. By amending all or several of the above documents. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.020 Initiation.
Amendments of the ordinances codified in this title, zoning map, comprehensive plan, and/or comprehensive plan map may be initiated by:
A. The verified application of one or more owners of the property which is proposed to be changed or reclassified; or
B. By the adoption of a motion by the council requesting the commission to set a matter for hearing and recommendation; or
C. By adoption of a motion by the commission. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.030 Public hearing and notification required.
A. The commission shall hold at least one public hearing before taking action on any amendment to the ordinance codified in this title or the comprehensive plan. In all cases, notice of the time and place of this public hearing, with a description of the proposed amendments, shall be published at least once and not less than 10 days prior to the date of the hearing in a regular issue of the newspaper designated as the legal newspaper of the city.
B. For amendments to the zoning ordinance map and/or comprehensive plan map initiated by the property owner(s), written notice thereof shall be addressed through the United States mail to all property owners of record of the property and within 300 feet of the exterior boundaries of the subject property. The notice shall set forth the purpose of the hearing and the time, date and place of hearing. The written notice shall also include a “property location map” which identifies the subject property in relation to the rest of the city and shall be mailed no less than 20 days prior to the hearing.
C. In addition, a minimum of two notices shall be posted on the subject property in conspicuous locations visually accessible to passersby.
D. For amendments to the zoning ordinance map and/or comprehensive plan map initiated by the planning commission, the commission shall elect to do one of the following:
1. Publish appropriate notice in the legal newspaper of the city and send written notice of proposed amendments through the United States mail to all property owners of record of the subject property; or
2. If the zoning and/or comprehensive plan map amendment involves a significant area of the city, as determined by the planning commission chairman, the commission may publish appropriate notice in the legal newspaper of the city and, if deemed necessary, determine and take other means of effective public and property owner notification. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.040 Planning commission – Decision on applications – Time limit.
Planning commission action on an application by property owners shall be based on consideration of the comprehensive plan; other plans of the city; the standards of this title and other ordinances and codes; and other factors necessary for consideration to protect the public health, safety, convenience, and general welfare. The planning commission shall be assisted in its deliberations by findings and recommendations prepared by staff, and action taken shall be based on written findings and conclusions supporting the decision. The commission may require such information as it deems necessary to judge the merits of the proposal, and may continue the hearing to later dates without further notice if the date, time and place of the continuation is announced at the previous meeting. Conclusive action on an application shall be taken by the commission within 90 days from the date of the initial hearing upon the matter. This matter may be continued for a longer period of time with the written consent of the applicant. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.050 Planning commission – Notice of decision.
When the commission’s action is to recommend approval or denial of an amendment, the commission shall, within 14 days from the date of the action on such matter, notify the applicant by mailing a notice of the action of the commission to the applicant at the address shown on the application. Other persons at the hearing requesting notice of the action shall be notified in the same manner as the applicant. If the action of the commission is to recommend approval of an amendment, a copy of the action, together with staff reports, findings and any special conditions considered by the commission to be controlling and necessary shall be forwarded to the city council within 14 days of the action. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.060 Appeal – Council decision.
Enactment of an ordinance by the council approving an amendment shall constitute final action. When the action of the council is to deny a request for an amendment, the adoption of the motion shall constitute final action. Written notice of the action shall be forwarded to the commission to be attached to the permanent file of the case, and the city shall notify the applicant of the final action of the council. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.070 Zone changes, development proposals requiring specific procedures – Site development plan – Content.
A. The applicant for a zone change or development proposal specified in this chapter shall prepare and submit to the city a site development plan drawn to a scale of not more than 50 feet to the inch showing at a minimum:
1. Identification of the proposed use;
2. Boundaries of the site;
3. Adjacent streets, properties, and land uses;
4. Site topography;
5. Proposed points of entrance and exit;
6. Interior streets and circulation pattern, if any;
7. Off-street parking and outdoor storage areas;
8. Railway sidings and loading areas, if any;
9. Location of all buildings and pertinent structures;
10. Horizontal (plan view) and vertical (elevation view) views of all buildings and pertinent structures, showing all dimensions and setbacks;
11. Location and, for development proposals, design of sewer lines and connection, drainage facilities and storm sewers, water lines, and fire hydrants;
12. Plans for general site grading, landscaping, signs and outdoor advertising structures, site screening, and other pertinent features required by this title and of the zoning district.
B. Recognizing that providing all of the information designated in this section for certain sizes and categories of rezone proposals may be a hardship for the applicant and may not be necessary for rezone consideration, zone amendments at a minimum should provide items in subsections (A)(1) through (6), (9) (if known), (10) (if known), (11) (indicate proposed service connections), and (12) (as much as possible) of this section. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.080 Site plan review and decision procedures – Zone changes.
A. A site development plan for zone change proposals shall be reviewed in accordance with CRMC 17.77.040 and the results of the review shall accompany the application for the zone change. Staff findings and recommendations to the planning commission should address the merits of the site plan as well as the proposed zone change.
B. The planning commission shall review the zone change application and site development plan together according to normal rezone procedures. The commission’s findings and recommendations to the city council should address the merits of the site plan as well as of the zone change. City council approval of the site development plan at the time of rezone approval shall be considered as binding on the development design.
C. The public works supervisor and building inspector shall check building and construction plans for basic consistency with the approved site development plan prior to issuing permits. If the building and construction plans indicate significant differences in dimensions, setback, points of ingress/egress, parking and loading spaces and areas, or other pertinent features from the approved site plan, a revised site development plan shall be required and reviewed and acted upon by the city council. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.72.090 Filing fee.
In addition to the requirements of this chapter, all private parties shall be required to pay a nonrefundable filing fee as defined in Chapter 17.80 CRMC, Enforcement. [Ord. 2018-02 § 2 (Exh. A), 2018].