The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this Section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy or that are necessary to advance the general welfare of the City.
(a) Review procedures. Applications for a zoning amendment shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for zoning amendments may be initiated by the Board of Trustees or the property owner and may not be initiated by any other person.
(b) Review authority. The PZC shall review applications for zoning amendments and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on an application for zoning amendment after conducting a public hearing. Zoning amendments shall be approved by ordinance of the Board of Trustees.
(c) Review criteria. The PZC and Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications for zoning amendment:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Creede Comprehensive Plan;
(3) Physical suitability of the land for the proposed development or subdivision;
(4) Compatibility with surrounding land uses;
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
(6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s);
(8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation or such impacts will be substantially mitigated;
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
(11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
(d) Mitigation. Zoning amendment applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash-in-lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification.
(Ord. 395 §3, 2016)