(A) Intent. To provide a vehicle to: (i) consider requests by property owners to change the zoning category or to add to or delete from the terms of a conditional overlay applicable to the owner's property when unanticipated significant changes occur within the area that make it unlikely that the property can be developed consistent with the Existing or Future Land Use Map; (ii) to provide the means for future changes in regulations or zoning districts initiated by the City Council; and (iii) to ensure that all amendments to the zoning provisions of this Code are in accordance with the goals, standards and policies of the Comprehensive Land Use Plan. Amendment requests may encompass:
(1) Changes in the zoning classification, including conditional overlays, of specific or multiple parcels of land;
(2) Land use regulations; and
(3) General provisions of the zoning sections of this Code.
(B) Initiation of amendment; who may initiate an amendment request. A request to amend the zoning provisions of this Code may be initiated by an owner of property or by the City Council.
(1) Application by property owner. A property owner, or his/her authorized agent, may file an application with the city requesting an amendment of the zoning classification (including conditional overlays) applicable to the owner's property.
(2) On Council's own motion. The Council, by motion, may initiate a proposal to amend the zoning provisions of this Code, and may initiate a change in zoning category (including conditional overlays) of a particular owner's property. Such amendment(s) shall not become effective without first giving notice and holding hearings in accordance with § 150.060.
(C) Application requirements for amendments initiated by property owner. An application shall be accompanied by:
(1) A non-refundable deposit or fee as set forth by ordinance or resolution of the City Council;
(2) A legal description, including volume and page of the deed record, and address of the parcel affected;
(3) The present zoning classification and present use of the parcel and all contiguous parcels around it;
(4) The type and location of any structures on the applicant's parcel and on adjoining land;
(5) A conceptual site plan (See Appendix A);
(6) A statement that explains:
(a) How the request satisfies the conditional findings set forth in § 150.064(B);
(b) How the conceptual plan, if being processed concurrently, meets the goals, standards and policies of the Comprehensive Land Use Plan; and
(c) How the amendment request meets the goals, standards and policies of the Comprehensive Land Use Plan.
(7) A site plan (see Appendix B) may be required by a member of the Council or Zoning Commission, and shall be required by the Council in such cases where an owner of real property located within 500 feet of the property on which the change in classification is proposed makes such request;
(8) For proposals requesting amendments to zoning classification, the following are additional application requirements:
(a) The zoning change requested and the proposed use;
(b) For zoning changes requesting a change in land use category or overlay district boundaries, the following shall also be submitted at the time of application:
1. A proposed map drawn proportionally to the existing zoning maps; and
2. A statistical analysis providing applicable information, such as acreages, maximum dwelling units, and building intensity.
(9) Any other relevant information requested by a member of the Council or Zoning Commission in order to properly review the application. Such information may include, but is not limited to preliminary plat plans, site building plans, a traffic impact study, contour maps, or a geological survey report of the impact the amendment could have on the environment.
(D) Applicability of §§ 150.012 through 150.020; report of completeness. The provisions of §§ 150.012 through 150.020 apply to applications submitted by an owner of property required by this section. The City Administrator or city designee shall review each application for completeness pursuant to the procedure provided in § 150.014. After receipt of an administratively complete application as provided by § 150.014, the City Administrator or city designee shall cause to occur within ten working days:
(1) Formal notice to be sent to the applicant stating:
(a) A schedule of review, hearings and report dates;
(b) That additional requests for other relevant information may be requested at any time during the review process in order to properly review the application. Such information may include, but is not limited to plat plans, site building plans, a traffic impact study, contour maps, or a report of the impact the amendment could have on the environment.
(c) If applicable, whether the requested amendment conforms to the Existing or Future Land Use Map of the City of Sunset Valley Comprehensive Plan; and
(2) A copy of the application and notice of schedule of review and hearing dates to be delivered to each member of the Zoning Commission and City Council.
(E) Review of application submitted by owner of property/on-site inspection/action (written request required).
(1) Within 60 working days of the receipt of an administratively complete application, a designated city planning professional shall review the application for the proposed amendment and prepare a brief report on whether the requested change conforms to the classification for the subject parcel as specified on the Future Land Use Map of the Comprehensive Plan of the city copies of the report shall be mailed to the applicant and to the members of the Zoning Commission. Within ten days after the report has been mailed, the applicant may:
(a) Amend the application so it is consistent with the recommendations made in such report;
(b) Withdraw the application; or
(c) Proceed with the application as filed. Unless the City Secretary receives notice to the contrary within the applicable time limit, the city shall proceed to post notice of a public hearing regarding the application.
(2) On-site inspection. A person designated by the Chair of the Zoning Commission shall visit the site where the proposed amendment will apply and the surrounding area and shall report his/her findings to the Zoning Commission.
(3) Hearing and notice. The Zoning Commission shall hold at least one public hearing on the application in accordance with § 150.060. The Zoning Commission shall review the amendment application at a public hearing within 45 days of the date of the filing being declared administratively complete.
(4) Findings. Findings, as required by this section, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes. The burden of establishing such conditions is on the applicant.
(a) Conditions required for a change in zoning classification. In order for a zoning classification change requested by a property owner to be recommended for approval, the Zoning Commission must find that in its opinion, each of the following conditions have been established by competent evidence. The burden of establishing such conditions is on the applicant.
1. The proposed change in zoning classification is consistent with the goals, standards and policies of the City's Comprehensive Plan; and
2. Significant unanticipated changes have occurred that make development with the current land use maps unlikely and inappropriate;
3. The proposed classification will allow uses that are reasonable and not incompatible with surrounding properties and that any minor incompatible effects of uses to be allowed will be adequately mitigated;
4. The zoning classification change requested is no greater than the minimum required to allow for reasonable use of the land;
5. The proposed change in zoning classification is in the community's best interest in terms of the public health, safety and welfare;
6. Development likely to occur as a result of the proposed change in zoning classification can be served adequately by utilities, water supply systems, waste water systems, and drainage facilities;
7. Development likely to occur as a result of the proposed change in zoning classification can be served adequately by the following services: police protection, fire protection, and emergency medical care;
8. Development likely to occur as a result of the proposed change in zoning classification will not result in traffic conditions or vehicular circulation that jeopardizes the city's public health, safety, welfare, environment, or the vehicular traffic goals, standards and policies of the Comprehensive Land Use Plan;
9. Development likely to occur as a result of the proposed change in zoning classification will not disrupt the existing uses of land in the vicinity; and
10. The proposed change in zoning classification and development likely to occur as a result of the proposed change in zoning classification will not negatively affect the value of property and improvements in the vicinity.
(b) Conditions required for a change in zoning category initiated by the City Council.
1. In order for a land use regulation change to be approved, the Council must find that the change is consistent with each of the applicable purposes set forth in § 150.080.
2. Conditions required for an amendment to the general provisions of these provisions of the Code. In order for a general provision of these provisions of the Code to be approved, the Council must find that, at a minimum, the proposed change is consistent with each of the applicable purposes set forth in § 150.080.
(F) Interpretative rules applicable to all applications for amendment by an owner of property.
(1) Amendments should be granted sparingly.
(2) When considering requests to change zoning classification, zoning classification changes that have been granted previously in the vicinity are relevant to, but not determinative of the granting of such request, and pecuniary hardship, standing alone, shall not be deemed sufficient to grant the requested change.
(G) Recommendation by the Zoning Commission.
(1) No amendment to the zoning provisions of this Code, whether on request of an owner of property or initiated by the City Council, shall be enacted without a recommendation from the Zoning Commission.
(2) Within ten days of the conclusion of the public hearing, the Zoning Commission shall deliver a written recommendation of action to the Council. The Zoning Commission may postpone action on an amendment requested by an owner of property up to 60 days following the public hearing if additional information or assessment is required. The Commission shall not recommend an amendment requested by an owner of property unless it finds, based on competent evidence, that each of the conditions in § 150.064(E)(4)(a) has been established. Findings of the Zoning Commission, together with the specific facts upon which such findings are based, shall be incorporated into the written recommendation by the Zoning Commission. With regard to an amendment requested by an owner of property the Zoning Commission may recommend that the Council:
(a) Approve the amendment request;
(b) Approve the amendment request with conditions, limitations and safeguards; or
(c) Deny the amendment request.
(H) Review and action by Council.
(1) Notice and hearing. The City Council shall hold at least one public hearing on all proposed amendments to this Code before acting thereon in accordance with § 150.060. At the City Council's discretion, the hearing before the City Council may be combined with the hearing on the same matter before the Zoning Commission.
(2) Council action. Council action on an application may include:
(a) Approval of the recommendation of the Zoning Commission. This action requires a majority vote of the City Council members present;
(b) Overrule the recommendation of the Zoning Commission to grant an amendment requested by an owner of property or an amendment initiated by the City Council. This action requires the approval of three-fourths of the City Council members present;
(c) Modify, add, or subtract terms or conditions of a recommendation of the Zoning Commission for approval of an amendment requested by an owner of property or initiated by the City Council. This action requires a majority vote of the City Council members present; or
(d) Overrule a recommendation by the Zoning Commission denying a request for amendment by an owner of property. This action requires the approval of three-quarters of the City Council members present.
(e) Regardless how a proposed change is initiated, if the city has received a written protest from 20% of the owners subject to the proposed change, or, in the case of an amendment affecting a specific property, from 20% of the owners of property within 200 feet of the specific affected property (where the amendment request constitutes a unit of a larger tract owned by the applicant, 200 feet from the property line of the larger tract), approval of action requires a favorable vote of three-quarters of all members of the City Council. In computing the percentage of land area under this division, the area of streets and alleys shall be included.
(I) Finality of action. The Council's decision shall become final on the effective date of its action. The action taken by the City Council cannot be reconsidered, unless substantive information not available to the Council when it originally made its decision is presented that significantly impacts the Council's decision.