HomeMy WebLinkAbout2006-07-10-Ordinance 2583_Rezoning and Text AmendmentsORDINANCE NO.2583
AN ORDINANCE TO AMEND CHAPTER 301,ZONING ORDINANCE,CITY OF
WAUKEE,IOWA,BY AMENDING SECTION 301.32,AMENDMENTS,BY
REPEALING SAID SECTION AND ENACTING IN LIEU THEREOF PROVISIONS
FOR REZONING PROCEDURES AND REQUIREMENTS FOR PROPERTY
BE IT ORDAlNED by the City Council of the City of Waukee:
Section 1:Chapter 301,Zoning Ordinance,City of Waukee Municipal Code,Section
301.32 should be and the same is hereby repealed and enacted in lieu thereof is as follows:
§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 nol 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 1
1
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.
b.The Director of Planning may require a zoning change and development
agreement for any proposed rezoning.
b.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
healing.
c.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
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 dislricls.
)
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.
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 munmum
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
ofthe 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 Zuning Commission:After recervmg 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.
j
3
3.Action by City Council:After receiving the Planning and Zoning Connnission
reconnnendations,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 (I)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.
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 (l)year shall have elapsed from the date of the filing of the first
petition.
Section 2 Repealer.All ordinances or parts of ordinances 111 conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance
shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of
the ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the lOth day of July 2006,and approved this loth day of July 2006.
Attest:
John .son,Interim City Administrator
4