Chapter 17.88
AMENDMENTS AND REZONING
Sections:
17.88.020 Initiation of amendments.
17.88.030 Requirements for zoning petition.
17.88.040 Notice requirements.
17.88.050 Amendment in conflict with comprehensive plan.
17.88.060 Hearing examiner – Findings and recommendations.
17.88.070 Appeal of recommendation.
17.88.080 City council consideration.
17.88.090 Change in zoning map – Effectuation.
17.88.100 Concomitant agreement.
17.88.110 Termination of concomitant agreement.
17.88.010 Purpose.
The purpose of this chapter is to establish procedures to amend either the zoning text or map of this title. (Ord. 2011-29 § 5 (Att. B)).
17.88.020 Initiation of amendments.
A. Zoning Map.
1. Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions:
a. If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the signature of the legal owner of the property. The legal owner is considered to be the owner of record.
b. A person, firm, corporation or group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property’s present zone to another particular zone for the same parcel of land, provided, within the one-year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property’s present zone to a zone other than the zone previously requested in the earlier petition.
2. The hearing examiner may initiate an open record hearing on the reclassification of a parcel or parcels of property and render a recommendation to the city council in accordance with Chapter 2.50 GMC and GMC Title 14.
B. Text.
1. The hearing examiner may initiate an open record hearing and render a recommendation to the city council for a text amendment in accordance with Chapter 2.50 GMC and GMC Title 14.
2. Any resident or property owner within the Grandview urban area may petition the city council for a text amendment.
C. City/County Coordination.
1. All county zoning map amendments within the UGA shall be coordinated with the city prior to change by the county. Coordination shall consist of providing the city with timely notification of proposed map amendments and affording an opportunity to comment. Map amendments shall conform in all respects to the UGA comprehensive plan.
2. Zoning text amendments shall be coordinated between the city and county to ensure the intent and purpose of the joint development regulations are maintained. Coordination shall consist of providing affected jurisdictions the opportunity to participate in drafting the text amendment through comment and consultation. (Ord. 2011-29 § 5 (Att. B)).
17.88.030 Requirements for zoning petition.
The petition for a zoning change shall be accompanied by a $500.00 fee. In addition to all applicable application requirements contained in GMC Title 14, the petition for a change of classification must show the following:
A. The date the existing zone became effective;
B. The changed conditions, which are alleged to warrant other or additional zoning;
C. Facts to justify the change on the basis of advancing the public health, safety and general welfare;
D. The effect it will have on the value and character of the adjacent property and the comprehensive plan;
E. The effect on the property owner or owners if the request is not granted;
F. The comprehensive plan land use designation for the property; and
G. Such other information as the hearing examiner requires. (Ord. 2011-29 § 5 (Att. B)).
17.88.040 Notice requirements.
Notice requirements shall conform to those contained in GMC Title 14, Administration of Development Regulations. (Ord. 2011-29 § 5 (Att. B)).
17.88.050 Amendment in conflict with comprehensive plan.
In the event any proposed amendment, supplement, change to or repeal of Chapters 17.04 through 17.88 GMC is in conflict with the comprehensive plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. (Ord. 2011-29 § 5 (Att. B)).
17.88.060 Hearing examiner – Findings and recommendations.
A. After completion of an open record hearing on a petition for reclassification of property, the hearing examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not:
1. The proposal is in accord with the goals and policies of the comprehensive plan.
2. The effect of the proposal on the immediate vicinity will be materially detrimental.
3. There is merit and value in the proposal for the community as a whole.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal.
5. A development agreement should be entered into between the city and the petitioner, and if so, the terms and conditions of such an agreement.
B. The hearing examiner shall render its recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The hearing examiner’s recommendation, to include its findings and conclusions, shall be forwarded to the city council in accordance with Chapter 2.50 GMC at a regular business meeting thereof. (Ord. 2011-29 § 5 (Att. B)).
17.88.070 Appeal of recommendation.
A. In accordance with GMC 2.50.150, no appeal may be made from a recommendation of the hearing examiner.
B. In accordance with GMC 2.50.160, the action of the city council, approving, modifying, or rejecting a recommendation of the hearing examiner, shall be final and conclusive. Appellants have 21 calendar days from the date of city council action to file an appeal with the superior court. (Ord. 2011-29 § 5 (Att. B)).
17.88.080 City council consideration.
Following the provisions contained in GMC Title 14, the city council shall make and enter findings of fact and take one of the following actions:
A. Approve the reclassification with or without modification.
B. Enter into a concomitant agreement with the petitioner, as set forth in GMC 17.88.100.
C. Deny the reclassification. (Ord. 2011-29 § 5 (Att. B)).
17.88.090 Change in zoning map – Effectuation.
Upon granting the application for zone change with or without modification and/or conditions, the city council shall change by ordinance the district boundaries or zone classifications as shown on the district maps and amend, supplement or change by ordinance the regulations established by this title. (Ord. 2011-29 § 5 (Att. B)).
17.88.100 Concomitant agreement.
A. The city may enter into an agreement with the petitioner whereby the city will grant the requested zone change conditioned upon the petitioner entering into a covenant with the city restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner’s property:
1. Setback.
2. Use of building or property.
3. Type of business.
4. Height of building.
5. Size of building.
6. Size of subdivision of property.
7. Density.
8. Landscape.
9. Street, sidewalk and curb improvement and easements and rights-of-way for such.
10. Public utility improvements and easements and rights-of-way for such.
11. Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change;
B. Any concomitant agreement under this chapter must be signed by the legal owner of record for the property described in the agreement, notarized and attached to and becoming a part of the ordinance effectuating the zone change; and
C. The ordinance effectuating the zone change, together with the concomitant agreement and all other attachments thereto, shall be filed with the county auditor and all conditions and covenants included in the concomitant agreement shall be binding on all heirs, successors and assigns, and shall run with the land. (Ord. 2011-29 § 5 (Att. B)).
17.88.110 Termination of concomitant agreement.
A person, firm, corporation or group of individuals seeking termination of the concomitant agreement must petition for termination of the concomitant agreement in the same manner and following the same steps and procedures as a person applying for a zone change under the provisions of this chapter. (Ord. 2011-29 § 5 (Att. B)).