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The city’s Planning Commission may recommend changes to the comprehensive plan from time to time as set forth below. Requests for amendments to the comprehensive plan shall follow the procedure set forth below or, in the instance of rezoning, such request(s) shall comply with the procedures set forth in § 17.54.040. Requests for rezoning that comply with § 17.54.040 shall be deemed to have met the requirements for amendment to the comprehensive plan.
A. Application. An application for a proposed amendment shall be filed with the Community Development Department. Amendments may be initiated by the property owner or his or her designated representative or by an appropriate governmental agency. For amendments initiated by the city’s Planning Commission, the applicant shall be the city.
1. Major street plan. The major street plan within the comprehensive plan shall take into consideration the practicality and feasibility of the proposed street extensions. The major street plan shall permit modifications, without amendments to the comprehensive plan, of proposed street extensions and alignments in instances where the general intent of the plan is still fulfilled, where such modifications do not create a disconnected street alignment with existing development, and where the street alignment is not shifted onto another property. All other modifications shall be approved after application and approval as set forth this section.
B. Public hearings. Upon application, the city’s Planning Commission shall hold a public hearing thereon. Notice of the public hearing shall be published at least 10 days in advance of the hearing in a legal newspaper of the city. After conducting the public hearing, the city’s Planning Commission shall submit its recommendation to the Common Council.
C. Time limit and notification. The city’s Planning Commission shall act on all proposed amendments within 60 days of the public hearing. If the city’s Planning Commission fails to act within 60 days, the application shall be forwarded to the Common Council as a recommendation for approval, provided however, that the applicant for approval may waive this requirement in writing and consent to the extension of the period.
D. Standards for plan amendments. A proposed comprehensive plan amendment shall be considered on its own merits using the following criteria as a guide:
1. Whether the proposed change is consistent with the policies and overall intent of the comprehensive plan;
2. Whether the proposed change is warranted by changed conditions within the neighborhood surrounding and including the subject property;
3. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land;
4. Whether and the extent to which the proposed amendment would adversely affect the environment, services, facilities and transportation;
5. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern; and
6. Whether and the extent to which the proposed amendment adversely affects any other part of the city, or creates any direct or indirect adverse effects.
E. Comprehensive plan amendment–posting and maintenance of signs. In addition to the preceding requirements, the petitioner for the comprehensive plan amendment, or his or her agent or agents, shall be required to post and maintain an approved sign or signs on the property included in the comprehensive plan amendment request. The sign or signs shall be posted at least 7 calendar days prior to the city’s Planning Commission at which the hearing shall be held and shall be maintained continuously until the comprehensive plan amendment request has been finally approved or rejected by the Common Council or withdrawn by petitioner. Approved signs shall be secured from the Community Development Department. The Community Development Department shall require a reasonable deposit sufficient to cover the cost of replacement of the sign or signs and shall determine the number and location of the sign or signs to be posted on the property included in the comprehensive plan amendment. This section shall not apply to comprehensive plan amendments instituted by the city’s Planning Commission.
F. Comprehensive plan amendments– notification requirements. In addition to the preceding requirements, the petitioner for the comprehensive plan amendment, or his or her designated agent, shall include postal registration data that substantiates petitioner’s good faith attempt to mail letters via first-class mail to all property owners within 250 feet inclusive of dedicated rights-of-ways of the area described. The mailings shall include the date set for the hearing before the city’s Planning Commission and contemplated uses, and shall be on a form provided by the Community Development Department. This section shall not apply to comprehensive plan amendments instituted by the city’s Planning Commission. In addition, the Community Development Director may convene a neighborhood meeting to present and discuss a proposed amendment.
G. Fees. In addition to the preceding requirements, a fee set by resolution of the Common Council shall be paid at the time of filing any application for a comprehensive plan amendment. If the legal description of a rezoning application is coterminous with a legal description for a concurrent comprehensive plan amendment application, there shall be only 1 application fee.
(Ord. 6251 (part), 2018: Ord. 5741, 2011: Ord. 3920, 2003: prior code § 2-247)