1. Since the purpose of zoning and land use regulations are to promote the general welfare, safety, health, convenience and economic prosperity of the residents of the city, it is city policy that re-zoning of property upon a petition by property owners, further this purpose. As re-zoning of property by itself does nothing to promote these goals, the achievement of proposed development upon which re-zoning is based, is of prime importance to the city to justify the actual re-zoning requested.
2. It is to the advantage of a petitioner for re-zoning to gain city approval to a development concept for property that is the subject of a zoning petition. Approval of a development concept will be in accordance with policies and guidelines outlined in the city's adopted General Plan respecting the needs and desires of residents in the immediate area.
3. Therefore, in order to associate projected development with a re-zoning petition, the city requires that a Concept Development Plan showing a petitioner's general development proposals be submitted as a part of a re-zoning petition for all proposed developments.
4. With this information, the city can more readily determine whether a re-zoning petition would be in conformance with the city adopted General Plan, its goals and policies and be compatible with surrounding land use and zoning and can better assess the impact of the purposed development on existing public infrastructure along with the attitudes of property owners and residents of the impacted area. The intent herein is to enhance flexibility and facilitate ease of acceptance in the city's response to re-zoning requests while requiring that such conform to the General Plan.

1. The procedure for processing re-zoning petitions requires a petitioner to submit as a part of the re-zoning petition, a concept development plan, and to specify the general land uses, the general site and building arrangements which will occupy the property and the general time frame and phasing of development if re-zoning is granted.
2. Notice of any zoning map amendment shall be provided in accordance with law, followed by any required public hearing.
3. The planning commission will consider whether the petition should be approved or disapproved based upon the merits and compatibility of the proposed project, conformance with the General Plan, and in relation to surrounding land uses, and development impact on the surrounding area. The planning commission will also consider whether the proposed development, and in turn the petitioned-for re-zoning, is needed to provide a service or convenience brought about by changing conditions and which therefore promotes the public welfare. They may require changes in the Concept Plan in order to achieve compatibility and may impose any conditions to lessen or eliminate adverse impacts. The planning commission shall make its recommendation to the city council on each petition to amend the zoning map.
4. No petition for re-zoning shall be considered or adopted by either the planning commission or the city council unless such re-zoning conforms to the General Plan adopted by the city. Notwithstanding conformance to the General Plan, nothing in this part shall be construed to limit the city from making a zoning map amendment to a lesser intense zone such as from RE-20 to A-1 or from any zone to O-1.

A "Concept Plan" shall be submitted to the planning commission in conjunction with any petition to amend the zoning map where development may be contemplated. The plan to be submitted with a re-zoning petition shall indicate:

1. General land use types.
2. Approximate locations and arrangements of:
   1. Buildings.
   2. Structures and facilities.
   3. Open space.
   4. Parking, access, and traffic patterns.
   5. Infrastructure.
3. The Concept Plan shall be regarded as a "Concept " only with more specific development plans to be reviewed by necessary city officials at a later date as part of its site plan design review, conditional use approval and building permit issuance process.
4. The information shown on the Concept Plan may vary in detail depending on the scale of projects. Small-scale projects shall be more detailed than large-scale projects that may be described in broad general terms in plan and/or narrative form.

1. The ordinance amending the zoning map may be adopted with conditions or as conditional as set forth in the ordinance.
2. If development does not occur as proposed at the time of zoning approval, the public benefits expected from the development cannot be realized and the effect of the re-zoning is therefore without merit in terms of improving the public economic prosperity, general welfare, safety, health and convenience to the city's residents. If in such cases the city finds that the zoning purpose has not been attained, the city then may revert the zoning to its former or other appropriate zone, as specified in the original ordinance or subsequent enactment, so future opportunities for similar development in the same general area may be shared by all properties deemed suitable and so that a speculative zoning monopoly is not created.
3. If building permits have not been obtained and construction of the development or an agreed upon phase thereof, in accordance with the approved Concept Plan and final development plans, has not commenced within two (2) years from the date of zoning approval or other time period as set by the city council by ordinance, the city may examine the reasons for the delay and the progress of the developers to that point and may either extend the time period or initiate steps to revert the zoning designation of the previously re-zoned land to its former or other appropriate zone. Unless specified otherwise by the enacting ordinance, the reversion of zoning shall be made by a subsequent ordinance.

1. The city council may require a petitioner, at the time of zoning approval, enter into a "Zoning Development Agreement" which specifies and details, among other things, the petitioner's responsibilities and commitments in carrying out development contained in an approved Concept Plan and which lists the conditions and limitations of development imposed by the city and also the contemplated action of the city in case of default by a petitioner or any successors in interest in the re-zoned property.
2. The Agreement shall also contain the petitioner's acknowledgment that the commitment of zoning is predicated upon the good faith accomplishment of the approved development and if not started or constructed within the specified period of time, the city may take steps to rescind the zoning approval and revert the zoning to its former or other appropriate zone.

1. In all re-zoning petition considerations, the city council after considering the recommendations of the planning commission and after holding the required public hearing(s), may take any of the following alternative actions:
   1. Where a Concept Plan is required as provided for in this chapter, the city council may approve re-zoning and concurrently approve a Concept Plan for the development of the petitioned-for property, in whole or in part, with or without changes or conditions and adopt an ordinance re-zoning the property, or
   2. The city council may, by motion, grant conditional zoning approval with the re-zoning to become effective by passage or an ordinance at a future date, or by future performance of petitioner as stated in an adopted ordinance, or when more detailed development plans and/or other information have been approved by the city. This action represents a zoning commitment by the City with fulfillment based upon a petitioner's future performance or more complete proposals for development.
   3. Conditional zoning approval shall be valid for a period of two (2) years or such other time period as set by the city council. Upon the expiration of such period of time, the city council, after due consideration of additional material submitted, shall either grant an extension of time or rescind its conditional approval and deny the re-zoning petition.
   4. The city council may grant or deny a re-zoning petition outright in whole or in part. They may require the petitioner to execute a Development Agreement with the city where they deem it appropriate and necessary.
   5. The city council may re-zone or agree to re-zone the subject land to any other zone or zoning deemed more appropriate in considering and so long as to assure conformance to the General Plan.
   6. The city council may re-zone or agree to re-zone the subject land to any other zone or zoning deemed more appropriate in considering valid citizen comments and other factors and which may allow some or all of the petitioner's requested uses.
2. The city council, upon its own initiative and after receiving the recommendation of the planning commission, may zone or re-zone land:
   1. Where it is determined to be in the best interests of the general public, or
   2. As a result of conformance to the General Plan, in order to achieve consistency, or
   3. Where changed conditions, public attitudes, or life styles so indicate a need.