The purpose of this chapter is to establish procedures and standards for review and approval of land use and development applications that are legislative proceedings. These procedures are adopted to assure that all applications are processed on a uniform basis. (Ord. 2012-15, 9-20-2012)
A. Purpose: This section sets forth the procedure for amending the Holladay City general plan.
B. Authority: The city council may amend the general plan as provided in this section. Such amendment may include any matter within the scope of the general plan as provided in section 13.02.020 of this title.
C. Initiation:
1. A proposed amendment to the general plan may be initiated by the city council, the planning commission, the community development director, a property owner, or the property owner's authorized agent. An agent of a property owner shall provide an affidavit of authorization from the owner.
2. General plan amendment applications not initiated by the city will be considered by the planning commission no more than three (3) times annually at intervals of not less than four (4) months. The planning commission shall promptly consider any application to amend the general plan initiated by the city council, the planning commission, or community development director.
D. Submission Requirements: Submission for a general plan amendment shall be as provided in section 13.03.040 of this title. (Ord. 2012-15, 9-20-2012)
E. Noticing Requirements: A general plan amendment is a legislative proceeding and the city shall give notice of all public hearings and meetings regarding an application seeking amendment to the general plan.
1. Notice Of Intent To Consider A Comprehensive Amendment To The General Plan: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
2. Content Of Notice Of Intent To Consider A Comprehensive Amendment To The General Plan: The notice to be provided under this subsection shall:
a. Include a written description of the proposed amendment;
b. Describe or provide a map of the geographic area that will be affected by the proposed amendment;
c. Invite the affected entities to provide information for the city to consider in the process of evaluating the application or proposed amendment concerning:
(1) Impacts that the use of land proposed in the general plan amendment may have; and
(2) Uses of land within the city that the affected entity is considering that may conflict with the proposed general plan or amendment; and
d. Include the address of the city's website, and the name and telephone number of a person from whom more information can be obtained concerning the proposed amendment to the plan.
3. Notice Of Public Hearings And Public Meetings On General Plan Amendments: as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-04, 4-14-2016)
F. Review Procedure:
1. When the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
2. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for its review and recommendation.
a. The planning commission shall send notice and hold a public hearing on the proposed amendment.
b. After the public hearing, the planning commission may modify the proposed amendment and shall forward the proposed amendment with their recommendation to the city council.
3. Following receipt of the planning commission recommendation, the city council shall hold a public hearing on the proposed amendment.
4. The city council shall act on the application as provided in subsection G of this section.
G. Approval Standards: A decision to amend the general plan is a matter within the legislative discretion of the city council. The city council may:
1. Adopt the amendment as recommended by the planning commission;
2. Make any revisions to the proposed amendment that it considers appropriate;
3. Remand the proposed amendment back to the planning commission for further consideration; or
4. Reject the proposed amendment.
H. Appeal: Any person adversely affected by a final decision of the city council to amend the general plan may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801 et seq., as amended.
I. Effect Of Approval: Approval of an application to amend the general plan shall not be deemed an approval of any zone, conditional use permit, site plan, or other land use permit. Approval of a particular zone or permit shall be obtained in accordance with applicable provisions of this title.
J. Effect Of Disapproval: Disapproval of an application, not initiated by the city, to amend the general plan shall preclude filing, for one year, another substantially similar application unless the planning commission finds a substantial change in circumstances has occurred or other significant reasons exist to merit consideration of a second application within the one year time period. This subsection shall not limit the city council, planning commission or authorized city staff from initiating a general plan amendment at any time. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)
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