A. Purpose. The following changes to legislative regulations applicable to a parcel of land may be requested by the parcel owner. Changes to legislative regulations are legislative acts, are discretionary, and are not the right of the applicant.
1. Amendment of the land use designation established by the general plan or any specific plan.
2. Designation of a planned unit development.
3. Adoption of a planned unit development schematic plan and development guidelines.
4. Amendment of a planned unit development schematic plan designation.
5. Text amendment to planned unit development guidelines.
6. Rezoning.
7. Prezoning of a parcel outside of the city limits.
B. Approval authority.
1. Commission level-Recommendation. Except as provided in paragraph 3 of this subsection below, legislative change requests are subject to review at the commission level by the planning and design commission. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the request.
2. Council level. Legislative change requests are subject to review by the city council upon receipt of the recommendation or report from the planning and design commission.
3. An amendment to a planned unit development schematic plan or development guideline is subject to review by the planning and design commission, unless the amendment solely relates to a sign program specified in section 17.452.040.B.2.b, in which case the amendment is subject to review at the director level.
C. Decision and findings.
1. The decision-maker may approve a legislative change request as provided in this subsection C.
a. A decision to approve an amendment to a general plan land use designation is made by resolution, based on the following findings of fact:
i. The amendment is internally consistent with the goals, policies, and other provisions of the general plan; and
ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed general plan land use designation.
b. A decision to approve an amendment to a specific plan land use designation is made by resolution, based on the following findings of fact:
i. The amendment is consistent with the applicable general plan land use designation, use, and development standards; and the goals, policies, and other provisions of the general plan;
ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed specific plan land use designation.
c. A decision to designate a planned unit development or to adopt or approve an amendment to a planned unit development schematic plan or development guideline is made by resolution, based on the following findings of fact:
i. The designation, adoption, or amendment is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan or transit village plan;
ii. The designation, adoption, or amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed designation of a planned unit development, or adoption of or amendment to the planned unit development schematic plan and development guidelines.
d. A decision to approve a rezoning or prezoning is made by ordinance, based on the following findings of fact:
i. The rezoning or prezoning is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan; and
ii. The amendment promotes the public health, safety, convenience, and welfare of the city.
2. The city council or planning and design commission may modify the request as it determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2019-0006 § 19; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)