Procedure

Implementing the zoning recommendations of the Downtown Plan Update will require:

 

A. Changes to the Zoning Ordinance, replacing the regulations for five current downtown zoning districts (D1-4 and RP) -- all of chapters 11 and 12 -- with regulations for eight brand new districts (RD1-3, DT1-2, DC1-3). This is called a “Text Amendment.”  It will also include many other minor changes throughout the Zoning Ordinance that are necessary to accommodate this major “swap out” of zoning districts.

 

B. Changes to the zoning map to formally re-designate each downtown property from its current zoning district to one of the new downtown zoning districts, as specified in the Downtown Plan Update.  This process is called a “Map Amendment” but is more commonly called a “rezoning.” 

 

The procedures that must be followed for both text amendments and map amendments are specified in detail in Zoning Ordinance Section 6-3-4 “Amendments” – the same procedures that must be used for any other text amendment or map amendment that is proposed.  Those procedures are outlined here in this document but the actual regulations can be accessed in the online City Code .

 

Since the scale of the work is so large, public review of the necessary text amendments and map amendments will scheduled in phases according to the new downtown zoning districts (RD, DT, DC).  Each phase will consist of:

  1. a public review by the Plan Commission of the regulations of the new downtown district (text amendment), followed by
  2. a public review (also by the Plan Commission) of the required changes to the zoning map (map amendment) for properties proposed to be in the new district.

Because of the geographically-specific nature of this program, the actual implementation of recommendations into law must be done simultaneously.  Once all phases have been reviewed and deliberated by the Plan Commission, the entire set of proposed test and map amendments will be given to the City Council for consideration as a coordinated action.   It is anticipated that this will not occur before March 2010. 

 

Detailed procedures for both text and map amendments are given below.  Much of these procedures are required by the Zoning Ordinance, however, our overarching goals are that:

 

  • Proposed new district regulations are fully discussed and deliberated and that they fulfill their purpose of implementing the policies adopted by City Council in the Downtown Plan Update in a reasonable and reliable manner and with minimum adverse consequences, that they are clear and understandable, and that they can be implemented and enforced within the bounds of available resources. 
  • Owners of affected properties are made aware of proposed changes within a reasonable time, provided with detailed information on proposed regulations as requested, given the opportunity to review, comment on and question all proposed regulations and to provide information regarding affected properties, and have their questions answered by knowledgeable staff.
  • All interested persons are provided timely information regarding the process, timeframe, roles and responsibilities, scheduled meetings, and key events that are a part of this effort.
  • All changes that are made to previously-published information during the process are identified in subsequent drafts, along with an indication of the reason for the change.

 

Please Note:  Much of the process identified here is required by Section 6-3-4 of the Zoning Ordinance.  For completeness, other steps or tasks that are not required but are regularly performed by staff in order to meet the goals stated above are included as well.  In our effort to continually improve and refine our processes and respond to the needs of specific circumstances, we reserve the ability to depart from the specific procedures outlined below in reasonable ways but without general notice, while still meeting the requirements of the Zoning Ordinance.

 

Process for Map Amendments

  • In preparation, staff compiles lists of all properties affected and gathers data on current ownership of those properties. 
  • The map amendment item is scheduled for a Public Hearing on a future agenda of the Plan Commission.
  • Property owners are contacted, informed of the proposed change, and given information regarding the process, the upcoming hearing, where they can get detailed information about the proposed change.  Property owners are invited to share any information or plans they may have regarding the property.
  • No less than 15 days prior to the hearing, general public notice of the item is made, which includes the subject of the amendment, the boundaries of the re-zoning, and the date, time and place of the public hearing.
  • Notice of the hearing is sent by mail to all persons who own property within 500 feet of the boundaries of the properties proposed for re-zoning.  This includes, of course, owners of affected properties as well.  Signs advertising the public hearing are also posted at or around the affected area. 
  • A public hearing is held by the Plan Commission, which includes recording all public comments into the official case record for the amendment.  Both in-person comments and written comments received prior to the hearing date are included.
  • Members of the Plan Commission deliberate the proposal, which may include asking staff or members of the public for information about the potential effects of the proposed change.  Deliberation centers on the published standards for amendments (Section 6-3-4-5), which must be met in order for any amendment to be adopted.
  • The Plan Commission formally makes a recommendation to the City Council by taking a vote -- on both the proposed amendment and on whether it meets the necessary standards (this is called “findings of fact”).  That recommendation is sent to City Council in the form of a proposed ordinance.
  • The ordinance is scheduled on a future agenda of the Planning & Development Committee (the “P&D Committee”) of the City Council.  Public notice is made as required.
  • The P&D Committee considers the ordinance, including the recommendation of the Plan Commission, and makes a recommendation (again in the form of a vote) to the full City Council.
  • The City Council votes to either to accept or reject the recommendation of the P&D Committee.  This happens in two steps: first the ordinance must be introduced by the Council.  No less than two weeks later can the Council take action on the item.
  • If the ordinance is adopted, it goes to the Mayor for signature.
  • Once the adopted ordinance is signed, it becomes effective after ten working days.

 

Process for Text Amendments

 

The process for text amendments is the same, with the following exceptions:

  • Since the amendment does not directly affects any properties (it is not a change to the zoning map), steps 1, 3 and 5 are omitted.
  • The public hearing is held by the Zoning Committee of the Plan Commission first, which makes a recommendation to the full Plan Commission.