Sec. 10.2.3. UDO Text Changes

10-2-3
  1. Applicability
    1. Text changes are legislative decisions. There are two types of text changes:
      1. a text change to the provisions of this UDO (a "TC"); and
      2. a text change to a conditional use zoning condition, including an amendment to any Planned Development Master Plan (a "TCZ").
    2. Requests for TC's may be made by the City Council, the City staff or members of the public.
    3. Requests for TCZ's can only be made by the owner of the property that is the subject of the TCZ. A request for a TCZ shall follow the procedures for conditional use rezoning applications under Sec. 10.2.4.
  2. Pre-Application Conference
    Before a member of the public may submit an application for a text change, the 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 TC shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
    2. A request for a TC by a member of the public must obtain Council authorization. To initiate that process, the applicant must submit an application describing the request to City Planning. Within 90 days of submission, the Planning Director shall provide a report and recommendation and place the request on the City Council's agenda. If Council authorizes the request, the applicant shall thereafter follow the process set forth in this Section.
  4. Approval Process
    1. Planning Director Action
      The Planning Director shall review the TC application in accordance with Sec. 10.2.3.E. and provide a report and recommendation to the Planning Commission.
    2. Planning Commission Action
      1. Upon acceptance of the TC application, the Planning Commission or one of its committees shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8.
      2. When conducting a review of a TC application, the Planning Commission shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan.
      3. Within 60 days after receipt of the proposed amendment, the Planning Commission shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Planning Commission.
      4. The Planning Commission's written report to the City Council shall contain its recommendation, which addresses the proposed text amendment's plan consistency and other matters it deems appropriate.
    3. City Council Legislative Hearing and Action
      1. Following the recommendation of the Planning Commission or expiration of the applicable Planning Commission review period without a recommendation, the City Council shall conduct a legislative hearing.
      2. City Council shall act to schedule the hearing within 60 days of receiving the request from the Planning Commission, and notice shall be given in accordance with Sec. 10.1.8.
      3. Notice of the hearing shall be given in accordance with Sec. 10.1.8.
      4. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Planning Commission, if any. If the request was submitted by a member of the public, those in favor of the TC will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side.
      5. The City Council shall approve, approve as revised, deny or send the proposed TC back to the Planning Commission or Planning Director for additional consideration.
      6. When adopting or rejecting any TC, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
  5. Considerations for Planning Director Review
    The following is a non-exclusive list of considerations for the Planning Director to take into account when reviewing a TC request. The Planning Director may consider whether:
    1. The proposed TC corrects an error or meets the challenge of some changing condition, trend or fact;
    2. The proposed TC is in response to changes in state law;
    3. The proposed TC is generally consistent with the Comprehensive Plan and other applicable adopted plans;
    4. The proposed TC is generally consistent with the stated purpose and intent of this UDO;
    5. The proposed TC provides a 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;
    6. The proposed TC significantly impacts the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; and
    7. The proposed TC significantly impacts existing conforming development patterns.