48 - INTENT TO REZONE
It is the purpose and intent of this chapter to provide additional procedures in the manner of zoning reclassification so that the health, safety and general welfare and environmental amenities of the citizens of the city are insured as certain development occurs, and further, to prevent speculative holding of real property after rezoning.
(Ord. 894 (part), 1994).
A.
If, from the facts presented and findings in the report and recommendation of the planning commission, the council determines that the public health, safety and welfare will be best served by this reclassification or any portion thereof, the council may indicate its general approval in principle of the reclassification by the adoption of a "resolution of intent to rezone" such property.
B.
This resolution shall include any conditions, stipulations or limitations which the council may feel necessary to require in the public interest as a prerequisite to final action, including those provisions which the council may feel necessary to prevent speculative holding of the property after reclassification.
(Ord. 894 (part), 1994).
A.
A site plan approved by the planning commission may be required and if such requirement is made in the resolution of intent, the same shall be binding upon the property. Upon reclassification, the property having an approved site plan under these provisions shall be plainly marked as "subject to approved site plan" on the official zoning map.
B.
Any approved site plan may be amended and the property may be released from the restrictions of such site plan by action of the council on recommendation from the planning commission. No other changes shall be made constituting a departure from the approved site plan except by amendment as provided in this title.
(Ord. 894 (part), 1994).
Where a site plan is required pursuant to Section 17.48.030 it shall include:
A.
The boundaries and legal description of the property being proposed for reclassification;
B.
Location of existing and proposed parcels, roads, buildings, structures, accesses, parking and loading spaces and landscaping;
C.
Topography, existing and proposed, and site drainage pattern;
D.
Any other information requested by the planning commission to describe the proposed reclassification and uses.
(Ord. 894 (part), 1994).
The fulfillment of all conditions, stipulations and limitations contained in the resolution of intent to rezone on the part of the applicant, shall make this resolution a binding commitment on the council.
(Ord. 894 (part), 1994).
A.
Upon completion of compliance action by the applicant, the council shall by ordinance effect such reclassification. The failure of the applicant to substantially meet any or all conditions, stipulations or limitations contained in a resolution of intent to rezone, including the time limit placed in the resolution, shall render such resolution null and void, unless an extension is granted by the council upon recommendation of the planning commission.
B.
In the event a reclassification is approved by the council but not on the basis of a resolution of intent to rezone, the council shall by ordinance effect such reclassification.
(Ord. 894 (part), 1994).
48 - INTENT TO REZONE
It is the purpose and intent of this chapter to provide additional procedures in the manner of zoning reclassification so that the health, safety and general welfare and environmental amenities of the citizens of the city are insured as certain development occurs, and further, to prevent speculative holding of real property after rezoning.
(Ord. 894 (part), 1994).
A.
If, from the facts presented and findings in the report and recommendation of the planning commission, the council determines that the public health, safety and welfare will be best served by this reclassification or any portion thereof, the council may indicate its general approval in principle of the reclassification by the adoption of a "resolution of intent to rezone" such property.
B.
This resolution shall include any conditions, stipulations or limitations which the council may feel necessary to require in the public interest as a prerequisite to final action, including those provisions which the council may feel necessary to prevent speculative holding of the property after reclassification.
(Ord. 894 (part), 1994).
A.
A site plan approved by the planning commission may be required and if such requirement is made in the resolution of intent, the same shall be binding upon the property. Upon reclassification, the property having an approved site plan under these provisions shall be plainly marked as "subject to approved site plan" on the official zoning map.
B.
Any approved site plan may be amended and the property may be released from the restrictions of such site plan by action of the council on recommendation from the planning commission. No other changes shall be made constituting a departure from the approved site plan except by amendment as provided in this title.
(Ord. 894 (part), 1994).
Where a site plan is required pursuant to Section 17.48.030 it shall include:
A.
The boundaries and legal description of the property being proposed for reclassification;
B.
Location of existing and proposed parcels, roads, buildings, structures, accesses, parking and loading spaces and landscaping;
C.
Topography, existing and proposed, and site drainage pattern;
D.
Any other information requested by the planning commission to describe the proposed reclassification and uses.
(Ord. 894 (part), 1994).
The fulfillment of all conditions, stipulations and limitations contained in the resolution of intent to rezone on the part of the applicant, shall make this resolution a binding commitment on the council.
(Ord. 894 (part), 1994).
A.
Upon completion of compliance action by the applicant, the council shall by ordinance effect such reclassification. The failure of the applicant to substantially meet any or all conditions, stipulations or limitations contained in a resolution of intent to rezone, including the time limit placed in the resolution, shall render such resolution null and void, unless an extension is granted by the council upon recommendation of the planning commission.
B.
In the event a reclassification is approved by the council but not on the basis of a resolution of intent to rezone, the council shall by ordinance effect such reclassification.
(Ord. 894 (part), 1994).