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The procedure provided in this Section 3.7 applies to text amendments to the
, including text amendments to create or amend the regulations of an overlay
affecting a specific area, but whose provisions are located within the
.
The establishment, amendment, or dissolution of overlay
involving a rezoning of specific properties, as is the case with the Neighborhood Preservation
and the Historic Preservation
, is processed in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. (Refer to Article 5: Overlay
to determine which overlay must be established, amended and dissolved in accordance with the Zoning Examiner legislative process.)
Text amendments may only be initiated by the Mayor and Council. The Mayor and Council may initiate a text amendment on their own initiative or at the request of the Planning Commission,
staff, or a private individual who has submitted evidence that a public benefit would result from such an amendment. The PDSD is responsible for the development and coordination of a text amendment.
A. Department Responsible
The PDSD is responsible for the development and coordination of a text amendment. Staff shall submit a report and recommendation to the Planning Commission and make copies available to the public prior to the public hearing.
B. Public Outreach and Neighborhood Meeting Required
1. Text Amendments Creating or Enabling an Overlay
A neighborhood meeting in accordance with Section 3.2.2 is required for text amendments to the
that propose creating or enabling an overlay
to apply to specific properties.
2. Text Amendments with Citywide Application
The PDSD staff shall seek input on a proposed text amendment to the
from the public. The manner and extent to which public input is conducted shall be determined by the PDSD
on a per text amendment basis.
C. Application
text amendments do not require submittal of an application.
D. Staff Review and Recommendation
staff shall review each proposed amendment to determine, to the extent applicable, compliance with the
,
, the
, and any other code or regulation that may pertain to the application. When appropriate,
staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing.
text amendments are not required to submit an application.
A. Study Session
The Planning Commission may conduct a study session to determine the merits of a proposed amendment. The Planning Commission may remand an amendment to the PDSD for further development or set it for public hearing.
B. Public Hearing and Public Notice (Mailed and Published) Required
At least one public hearing with the Planning Commission on the request is required. Mailed and published notice of the public hearing(s) is required in accordance with Sections 3.2.4.B and E, respectively.
A. General
1. The Planning Commission may close a public hearing or may decide to continue a public hearing to a future time and place provided the hearing is closed and a recommendation, including a statement of the reasons for the recommendation, is issued within 180
of the date of the initial hearing. The PDSD shall transmit to the Mayor and Council the application, Planning Commission’s recommendation and findings or other action of the Planning Commission, and the City Manager’s recommendation.
2. If the Planning Commission fails to issue a recommendation within the prescribed time, the application, will be forwarded to the Mayor and Council for a decision, together with a statement of the reasons for the positions taken by members of the Planning Commission.
B. Reconsideration
By majority vote of all the members, the Planning Commission may choose to reconsider a decision made on a
text amendment application, provided the vote to reconsider is made within 30
of the date of the original decision. Reconsideration may not take place earlier than 14
from the date of the original decision, unless reconsideration occurs at the same meeting as the original decision. If the reconsideration occurs at a different meeting, all
noticed for the public hearing before the Planning Commission must be notified prior to the reconsideration. This notification shall include the time, date, and location of the reconsideration. If the Planning Commission’s decision is not reconsidered within the specified time period and the decision was to deny, the case shall be closed administratively. If, after reconsideration, the decision is to reaffirm a denial, the case shall be closed administratively immediately after the reconsideration.
A. Public Hearing
The Mayor and Council shall hold a public hearing prior to making a decision. The notice for the public hearing before the Mayor and Council shall be the same as the notice before the Planning Commission.
B. Decision
The Mayor and Council may adopt, deny, continue the item, or remand the item to the Planning Commission. The Mayor and Council shall consider the application, the Planning Commission’s recommendation and the City Manager’s recommendation, and public comments when making their decision.
C. Reconsideration by Mayor and Council
The Mayor or a member of the Council may request the reconsideration of an authorization decision or decision on a proposed ordinance provided the vote to reconsider is made at the original hearing or within 30
of the date of the decision. A consideration shall be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the time when the decision is initially made, then public notice of the reconsideration shall be given in the same manner as for the initial decision.
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