(a) City Council May Amend. Council may amend by ordinance the number, shape, and/or area of districts on the Zoning Districts Map as well as any part of the written regulations set forth within the text of this Code.
(b) Initiation of Amendment. Amendments to the zoning text and/or the Zoning Districts Map of this Code may be initiated by:
(1) Motion of the Planning Commission;
(2) Adoption of a resolution by the Board of Zoning Appeals (with certification to the Planning Commission);
(3) Adoption of a resolution by City Council (with certification to the Planning Commission);
(4) Filing of an application to City Council by one (1) or more property owners within the area proposed to be changed or affected by the proposed amendment to the Zoning Code; or
(5) Recommendation by City staff.
(c) Contents of Application for Amendment. Applications for amendments to this Code must include the following, as applicable:
(1) All Zoning Code Amendment Applications. For all applications, regardless of whether they are text amendments or zoning map amendments:
A. If application is initiated under Section 1112.01(b)(4), application must be submitted on forms made available by the Community Development Department.
C. Any and all information required by the Community Development Department and this Section of the Zoning Code.
(2) Zoning Map Amendment Applications. In addition to the requirements set forth in Section 1112.01
(c)(1), for applications involving the amendment of the City's Zoning Map including the amendment of zoning district boundary lines and/or the creation of new zoning districts:
A. If the applicant is not the owner of the property/properties to be rezoned, and if the application is initiated under Section 1112.01
(b)(4), the applicant must provide evidence of written authorization from the property owner(s) of the properties involved in the amendment that they have been authorized to pursue the map amendment or change on behalf of the property owner(s).
B. A clear delineation on a map showing property lines, tax map, survey, or other document which describes the parcel(s) to be included in the proposed amendment.
C. A written description of the proposed amendment, including a specific indication of how the zoning map is to be amended, including but not limited to a description of the current zoning classification(s) of the properties to be amended, the proposed classification(s) of the properties to be amended, and how the proposed rezoning does not constitute "spot" zoning.
D. A written description of how the proposed amendment is consistent with the recommendations, goals, policies and objectives of the most recent Comprehensive Plan as well as how the proposed change is beneficial to the subject property/properties, how the proposed change is beneficial to the City and surrounding neighborhood, and how the proposed change will not negatively impact the surrounding neighborhood.
E. If the application is initiated under Section 1112.01
(b)(4), the Community Development Department will provide the names and addresses of property owners within 500 feet of the property lines of the property subject to the application and will mail the notification via certified mail. The Community Development Department must be reimbursed for this expense by the applicant.
(3) Text Amendment Applications. In addition to the requirements set forth in Section 1112.01
(c)(1), for applications involving the amendment of the text of this Code, including amendments to existing chapters or the creation of new chapters, sections, and sub-sections:
A. A statement of the proposed text change in the regulations set forth in this Code. This statement should reference the specific Section(s) of the existing Code which are proposed to be amended along with the proposed wording to be added, modified, or deleted as part of the amendment.
B. A written description of how the proposed amendment is consistent with the recommendations, goals, policies, and objectives of the most recent Comprehensive Plan as well as how the proposed change is beneficial to the City and other land uses within the City.
(d) Action by Planning Commission. Upon its own initiative or upon initiation of an application for amendment as provided in Section 1112.01
(b), the Planning Commission must consider the proposed amendment along with any supporting documentation provided by the applicant both in writing and in written or oral testimony provided at the public hearing for the proposed amendment. The Commission must also consider any other written or oral testimony presented during the public hearing, as well as any written documents submitted to the City prior to the public hearing which are related to the proposed amendment. The public hearing must be conducted in the following manner:
(2) Recommendation. Within twenty (20) days of the public hearing, the Planning Commission must make its recommendation on the proposed amendment. In no case may the Commission be allowed more than sixty (60) days from the date of hearing, or a time period acceptable to the parties involved, to render such a recommendation. All recommendations, regardless of their content, must be submitted to City Council in writing. No amendment may be acted upon by City Council until the Commission has submitted its report and recommendation to City Council. See Section 1111.02
(d)(4)B..
(e) Action by City Council. Upon receipt of a recommendation from the Planning Commission, City Council must consider the proposed zoning amendment application together with any supporting documentation forming a part of or referred to in such proposed amendments.
(1) Public Hearing. The Clerk of Council must, upon receipt of such recommendation from the Planning Commission regarding the proposed amendment, set a time for a public hearing on such proposed amendment which date must not be more than sixty (60) days from the date of the receipt of such recommendation from the Planning Commission. Refer to Section 1111.01
(b).
(2) Access to Records. The file containing all information related to the application for amendment will be made available for public examination by the City of Kent Community Development Department.
(3) Action by Council. Within sixty (60) days after the public hearing, City Council must approve or deny the proposed amendment by a majority vote. Any vote that is less than a majority for approval is deemed as denial of the application. If the amendment adopted by City Council violates, differs from, or departs from the recommendation submitted by the Planning Commission, the amendment will only take effect if it is approved by at least three-fourths (3/4) of the membership of Council.
(f) Standards of Review for amendment by Planning Commission. In consideration of any application for a text and/or map amendment to this Code, the Planning Commission must approve or deny the amendment based upon the following criteria:
(1) Comprehensive Plan. Consistency with the recommendations, goals, policies and objectives of the most recent Comprehensive Plan. If conditions have changed since the Plan was adopted, consistency with recent development trends in the area must be considered.
(2) Purpose of the Code. Consistency with the basic purpose of this Zoning Code.
(3) Street System. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.
(4) Utilities and Services. The capacity of the City's utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of the City.
(5) Changed Conditions Since the Zoning Code Was Adopted or Errors to the Zoning Code. That conditions have changed since the Code was adopted or there was an error in the Code that justifies the amendment.
(6) No Exclusionary Zoning. That the amendment will not be expected to result in exclusionary zoning.
(7) Environmental Features. If a zoning amendment is requested, compatibility of the site's physical, geological, hydrological, and other environmental features with the uses permitted in the proposed zoning district.
(8) Relationship to Surrounding Zoning Districts. If a zoning amendment is requested, the boundaries of the requested amended zoning district must be reasonable in relation to surrounding zoning districts, and construction on the site will be able to meet the dimensional regulations for the requested zoning district. The Planning Commission may consider all nearby properties, including properties outside the jurisdiction of the City of Kent.
(9) Isolated or Incompatible Zone Prohibited. If a zoning amendment is requested, the requested change must not create an isolated zone in the neighborhood.
(10) Any other factor deemed relevant by the Planning Commission.
(g) Standards of Review for Amendment by City Council. In consideration of any application for a text and/or map amendment to this Code, City Council is not limited to any specific criteria and must vote to approve or deny the amendment based upon the best interests of the City of Kent. (Ord. 2021-057. Passed 6-16-21.)