Unified Development Ordinance

Sec. 10.2.2. Comprehensive Plan Amendment

Sec. 10.2.2. Comprehensive Plan Amendment aaron.sheppard… Wed, 05/24/2023 - 09:25
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10-2-2
  1. Applicability
    1. The City Council shall consider amendments to the Comprehensive Plan.
    2. Amendments to the Comprehensive Plan shall be made in accordance with the provisions of this section.
  2. Pre-Application Conference
    Before submitting an application for a Comprehensive Plan amendment, an applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
  3. Application Requirements
    1. An application for a Comprehensive Plan amendment shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
    2. An application for a Comprehensive Plan amendment will only be accepted in accordance with the City's filing calendar.
    3. A Comprehensive Plan Amendment form must be filled out completely to initiate a change.
  4. Approval Process
    1. Planning Director Action
      1. The Planning Director shall review the application for a Comprehensive Plan amendment in accordance with Planning Director Review in Sec. 10.2.2.E. and provide a report and recommendation to the Planning Commission of a completed application.
      2. The Planning Director shall also provide a report and recommendation to the City Council when the City Council considers authorizing a public hearing on the proposed Comprehensive Plan amendment.
    2. Planning Commission Action
      1. Within 45 days following submission of a completed application and City approval of all required technical documents, the Planning Commission shall hold a public meeting on the proposed amendment which shall be noticed in accordance with Sec. 10.1.8. and Sec. 10.2.1.C.
      2. The Planning Commission may refer the proposed amendment to a work session of the Planning Commission or one of its committees for additional consideration or the Planning Commission may act upon the application.
      3. Within 90 days after its receipt of the proposed amendment, the Planning Commission shall make its recommendation to the City Council. Within this time period, the Planning Commission may request extensions of time which may be granted by the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may take action on the application without further involvement of the Planning Commission.
      4. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission shall recommend that the request be approved, approved as revised, denied or request further study.
    3. Public Hearing by City Council
      1. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without recommendation, the City Council shall conduct a public hearing. Notice of the public hearing shall occur within 60 days of receiving the request from the Planning Commission.
      2. The public hearing shall be noticed in accordance with Sec. 10.1.8. and Sec. 10.2.1.C.
    4. City Council Public Hearing and Action
      1. Before taking final action on a proposed Comprehensive Plan amendment, the City Council may consider the recommendations of the Planning Commission and Planning Director and comments made at the public hearing.
      2. The City Council may review the application in light of the considerations in Sec. 10.2.2.E.
      3. The City Council shall approve, approve as revised, deny, send the proposed Comprehensive Plan amendment back to the Planning Commission or Planning Director for additional consideration.
      4. Approval by the City Council shall include the adoption of a statement describing how the City Council considers the action taken to be reasonable and in the public interest.
      5. All enactments, amendments and changes must be in the form of a resolution. Copies of Comprehensive Plan amendments shall be kept on file at the office of the City Clerk.
  5. Considerations for Planning Director Review
    The following lists of considerations for the Planning Director’s review and recommendations regarding a proposed Comprehensive Plan amendment are not all-inclusive. Review and recommendations of proposed Comprehensive Plan amendments may consider whether:
    1. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact;
    2. The proposed amendment is in response to changes in state law;
    3. The proposed amendment constitutes a substantial benefit to the City as a whole and is not solely for the good or benefit of a particular landowner or owners at a particular point in time; and
    4. The proposed amendment is consistent with other identified Plan policies and adopted area plans;
    5. The impact of the proposed amendment has with regard to:
      1. Established property or proposed development in the vicinity of the proposed amendment;
      2. Existing or future land use patterns;
      3. Existing or planned public services and facilities;
      4. Existing or planned roadways;
      5. The natural environment, including air, water, noise, stormwater management, wildlife and vegetation; and
      6. Other policies of the Comprehensive Plan.