(A) An application for property rezone shall be submitted to the Planning and Zoning Board. The application will be placed on the agenda of the regular Board meeting scheduled no sooner than eight days and no later than 21 days after receipt of the rezone application.
(1) The Board shall investigate the facts bearing on the application and evaluate and compile the necessary information on the application.
(2) The Planning and Zoning Board shall evaluate the request and consider the following findings to decide the extent and nature of the rezone application:
(a) Evidence that the proposal is consistent with the goals and objectives of the town’s master plan;
(b) Evidence that the proposal will not overburden existing road, utility and service infrastructure or that the impacts will be adequately mitigated;
(c) Evidence that the proposal does not adversely affect the rate of infill development of the requested zone in order to avoid unnecessarily leapfrogging significant tracts of vacant land in the requested zone; and
(d) Evidence that the proposal will not disproportionately increase the cost to the public for providing services.
(B) Upon determination of completeness by the Planning and Zoning Board, a written notice with the relevant information shall be mailed or delivered back to the applicant not later than 14 days after the Board meeting. The applicant shall send the written notice by certified mail to affected entities and all owners of private property within 300 feet of every boundary of the property being requested for rezone within 14 days of receipt of the written notice from the Planning and Zoning Board. The notice will request any written comments be submitted to the Planning and Zoning Board within 21 days of the applicant’s mailing date. The applicant will provide a documented list of all parties that were provided the written notice to the Planning and Zoning Board. This documented list will be a required part of the rezone application.
(C) The applicant or the applicant’s representative is required to attend both the Planning and Zoning Board meeting and the Town Council meeting. If the applicant or the applicant’s representative is not present at either the Planning and Zoning Board meetings or the Town Council meeting, the applicant shall reapply.
(D) The Planning and Zoning Board Clerk shall compile the rezone application and any responses and prepare an informational report for the Planning and Zoning Board. At its next regularly scheduled meeting not earlier than ten days after the end of the close of the written comment period, the Board will review the report and determine if the application is complete. After determining the application is complete, the Board shall prepare a report and begin a 30-day official notice of a public comment period. The Planning and Zoning Board shall publish a notice that delineates the public comment period and the date for the public meeting (Planning and Zoning Board meeting). This shall be done twice in a newspaper of general circulation with the first being at least 30 days prior to the public meeting and the second notice posted a week later.
(E) After the 30-day notice period, the Planning and Zoning Board shall prepare its report, considering any new and relevant evidence from the applicant, neighbors, affected entities and concerned citizens and make a recommendation. The report and recommendation shall include a discussion of the relevant issues pertaining to the application and a recommendation of approval, denial, tabling or amending the rezone application. The rezone request shall be placed on the agenda for the regularly scheduled Board meeting no earlier than ten days after the end of the public comment period. This meeting shall be considered the “public meeting” at the end of the public comment period.
(F) There shall be a quorum at the Planning and Zoning Board meeting in order to entertain a motion to make recommendations to the Town Council. At the meeting, the Planning and Zoning Board will consider the rezone application, along with any related development applications and make a motion for a recommendation to approve or to deny.
(G) The applicant shall have ten days to file a notice of appeal of the Planning and Zoning Board’s recommendation to the Town Council.
(H) The Town Council shall have a quorum in order to entertain a motion to approve, deny or table the application as well as hear any new and relevant evidence from the applicant, neighbors, governmental agencies and other concerned citizens before taking final action on an application.
(I) The Town Council shall notify the applicant as to the action it takes on the application.
(J) The Town Council shall, upon approval of a rezone, direct that the rezone approval be reflected on the appropriate official zoning map on which the rezoned property is located and file the adopted changes in the Office of the County Clerk.
(Prior Code, § 9.03.050)