HomeMy WebLinkAbout2019-07-14-301.321
§301.32. Rezoning and Text Amendments.
A. Authority. The City Council may, from time to time, on its own action or on petition,
amend, supplement or change the boundaries or regulations herein or subsequently established.
However, no such amendment, supplement or change of boundaries or regulations shall become
effective until after a public hearing in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. Such amendment, supplement, or change shall not become
effective except by favorable vote of a majority of all of the members of the City Council.
B. Purpose. The amendment procedure herein established is intended to provide a means
for making changes to the text of this Ordinance and/or the Official Zoning Map.
C. Initiation of Text Amendment. An amendment of text may be initiated by a motion of
the City Council.
D. Initiation of Rezoning Amendment. An amendment may be initiated by a motion of
the City Council, or any person, firm or corporation, by the filing of a petition requesting such
amendment and clearly describing the property and its boundaries as to which the amendment is
desired. The petition shall meet all requirements of this Ordinance. The petition shall be duly signed
by the owners of fifty (50) percent of the area of all real estate included within the boundaries of said
tract as described in said petition. The petitioner shall obtain a signed consent to the zoning
amendment from the owners of fifty (50) percent or more of all area located within two hundred
(200) feet of the property proposed to be amended (intervening streets and alleys shall not be
included in computing such 200 feet). Public property such as parks, public buildings, public
utilities, etc. shall not be included within the fifty (50) percent consent area.
E. Rezoning Amendment. A petition for an amendment to the zoning district classification
shall be filed with the Director of Planning. Each rezoning request shall be reviewed by the Director
of Planning to ensure that it contains all the information required in this Ordinance. The City Council
shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for
an amendment to this Ordinance. The schedule of fees shall be posted in the office of the
administrative official, and may be altered or amended only by resolution by the City Council. All
fees for a rezoning request are non refundable and shall be paid at the time the rezoning petition is
initially submitted.
1. Each rezoning request shall be accompanied by a written request for a change, a
rezoning map, a conceptual master plan or development plan as required herein and
an address list of all property owners within two hundred (200) feet of the property
(intervening streets and alleys shall not be included in computing such 200 feet), all
in accordance with the provisions outlined herein.
a. The Director of Planning may require a development plan, site plan, preliminary
plat or conceptual master plan for any proposed rezoning.
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b. The Director of Planning may require a zoning change and development
agreement for any proposed rezoning.
c.Notification of Surrounding Property Owners: Following review of the rezoning
request for completion, the Director of Planning shall set the Planning and
Zoning Commission meeting date. Notice will be sent to the surrounding
property owners within two hundred (200) feet of the property to be rezoned.
Notice shall be sent not less than seven (7) days and not more than twenty (20)
days prior to the Planning and Zoning Commission meeting at which the zoning
amendment is first considered. The notice shall contain the date, time and
location of the Planning and Zoning Commission meeting and City Council
public hearing.
d.Notification Signs: For all rezoning requests of property by petition or owners
request, the petitioner or owner shall be required to post a sign(s) stating notice
of rezoning, zoning district designations proposed to be changed, date and time
of City Council public hearing and telephone number and address of the City of
Waukee Planning Department. Such sign(s) shall be 4 feet by 8 feet in size and
include black letters on a white board. The letters on the sign(s) shall not be less
than six (6) inches in height. One sign shall be placed on each public street
right-of-way and shall not be erected greater than twenty (20) feet from the street
right-of-way.
Such sign(s) shall be erected no less than seven (7) days before review of the
rezoning request by the Planning and Zoning Commission and shall remain in
place until after the final hearing before the City Council. The property owner
shall remove the sign(s) within seven days of the date of the final action on the
rezoning amendment by the City Council.
2. Conceptual master plans are intended to present basic development information in
such a way as to empower area residents, interested parties, City staff and Council to
accurately and decisively formulate opinions on the proposed development.
Conceptual master plans shall be required for all proposed rezoning of land within
the City of Waukee to a commercial or manufacturing district. At the discretion of
the Director of Planning, a conceptual master plan may be required for rezoning to
residential districts.
a. In the case of a rezoning request to a commercial or industrial zoning district,
the conceptual master plan shall show, at a minimum, proposed building
footprints, utilities, access, parking, and open space. In the case of a rezoning
request to a residential zoning district, the conceptual master plan shall show, at
a minimum, proposed lot layout, street configuration, utilities and park/trail
features. Additional information on the conceptual master plan may be required
at the discretion of the Director of Planning.
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b. The Director of Planning may suspend the requirement of a conceptual master
plan if the City Council initiates the rezoning.
3. Zoning change and development agreements are meant to impose additional
conditions or restrictions on the property being rezoned beyond the minimum
requirements of the zoning district in order to protect and satisfy the public needs of
the surrounding established neighborhood and character of the City at large. The
conditions must be reasonable and agreed to by the property owner prior to the final
consideration of the rezoning request.
4. If the proposed rezoning is not in accordance with the Comprehensive Plan, the
applicant will be required to request a Comprehensive Plan amendment in addition
to the rezoning request.
F. Official Action Required:
1. Initial Action by City Council: When a petition meeting the requirements of this
Ordinance is presented to the City Council, or if the City Council elects to initiate an
amendment, the City Council shall receive and file said petition and refer it to the
Planning and Zoning Commission for consideration of such amendment prior to the
date of the public hearing.
2. Action by Planning and Zoning Commission: After receiving the proposed
amendment from the City Council, the Planning and Zoning Commission shall
review the proposed amendment, and report its recommendations within sixty (60)
days to the City Council for final action.
3.Action by City Council: After receiving the Planning and Zoning Commission
recommendations, the City Council, at a public hearing, shall then take final action
on the proposed amendment, after public notice in accordance with applicable State
law. The amendment shall become effective by the favorable vote of a majority of
all the members of the City Council.
4.Amendment Disapproval or Protest: In the case of a proposed rezoning of property
if (1) the Planning and Zoning Commission disapproves of the amendment; or (2) a
written protest against such change signed by the owners of twenty percent (20%) or
more either of the area of the lots included in such a proposed change, or by the
owners of twenty percent (20%) or more of the property which is located within two
hundred (200) feet of the boundaries of the property for which the change is
proposed (intervening streets and alleys not to be included in computing such 200
feet), such change shall not become effective except by the favorable vote of at least
four-fifths (4/5) of all of the members of the Council.
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5.Denial of Amendment: Whenever any petition for an amendment, supplement or
change of the zoning regulations herein contained or subsequently established shall
have been denied by the City Council, then no new petition covering the same
property, or the same property and additional property, shall be filed with or
considered by the City Council until one (1) year shall have elapsed from the date of
the filing of the first petition.
[Repealed and replaced in entirety]July 10, 2006 – Ordinance 2583