Chapter 16.16
PLANNING COMMISSION APPROVALS

Sections:

16.16.010    Planning commission approvals.

16.16.020    Procedure for elevations.

16.16.030    Approval required.

16.16.040    Procedure for commission approvals.

16.16.050    General approval criteria.

16.16.060    Specific approval criteria.

16.16.070    Rezoning.

16.16.010 Planning commission approvals.

Approvals by the commission are intended to address uses and issues of community wide importance and are therefore subject to a broader public process and higher standards than approvals by the planner. (Prior code § 16.43.500)

16.16.020 Procedure for elevations.

Once a permit approval has been elevated for review (see Section 16.12.040), the following procedures apply:

A.    Public Notice. If the planners’ approval is elevated the planner shall:

1.    Place the application on the agenda of the next available meeting of the commission;

2.    Publish the agenda item in a newspaper of general circulation or place a public service announcements on radio or television. The published notice must set out the time, date and place of the hearing, the name of the applicant the address or general location of the property and subject or nature of the action;

3.    Within five days of elevation issue a public hearing notice;

4.    Mail or electronically transfer a copy of the public hearing notice to the applicant, the commission members, the neighborhood association if the neighborhood has an approved neighborhood plan and to appropriate reviewing parties;

5.    The public hearing notice shall be sent to the owners of property, as listed on the Matanuska-Susitna Borough property tax rolls, located within a minimum of one thousand two hundred (1,200) feet of the lot lines of the development. The public notice shall be posted in city hall and on the site. Staff will allow a minimum of ten (10) days (fourteen (14) calendar days) from the date of public notice mailing before scheduling a public hearing on the request before the planning commission.

B.    Decision. The commission shall review the planners draft recommendation, and may hear comment(s) from reviewing parties, the applicant and the public. The commission shall decide either to deny, approve or approve with conditions, or the commission may with concurrence of the applicant return the approval to the planner for further review as a new use permit application. (Prior code § 16.43.502)

16.16.030 Approval required.

All conditional uses and elevated approvals must receive approval by the commission prior to commencement. In all applications for an approval, the burden of proof shall be on the developer to prove, by a preponderance of the evidence, that the criteria set forth in this title are met. The uses eligible for approval by the commission as a conditional use are listed in the use chart in Section 16.20.020. Hearings

held by the commission use the following procedure. (Prior code § 16.43.504)

16.16.040 Procedure for commission approvals.

A.    The following procedures apply to approvals by the commission including conditional uses, rezonings and variances:

1.    Application. A completed application on a form supplied by the city and appropriate fee shall be submitted to the planner. If a site plan is required under Section 16.08.015, a site plan conforming to the requirements of that section shall be submitted as part of the application. Within two days of receipt of the application, the planner shall determine if the application, including any required site plan, is complete and the submission requirements are met. If the requirements are not met, the planner shall return the application to the applicant for modification or correction. If the planner fails to act on the application within two days, the application shall be considered complete and accepted for review.

2.    Public Notice. If the application is accepted, the planner shall:

a.    Place the application on the agenda of the next available meeting of the commission;

b.    Publish the agenda item in a newspaper of general circulation or place a public service announcement on radio or television. The published notice must set out the time, date and place of the hearing, the name of the applicant, the address or general location of the property and subject or nature of the action;

c.    Within five days of acceptance, issue a public hearing notice;

d.    Mail or electronically transfer a copy of the public hearing notice to the applicant, the commission members, the neighborhood association if the neighborhood has an approved neighborhood plan and to appropriate reviewing parties;

e.    The public hearing notice shall be sent to the owners of property, as listed on the Matanuska-Susitna Borough property tax rolls, located within a minimum of one thousand two hundred (1,200) feet of the lot lines of the development. The public notice shall be posted in City Hall and on the site. Staff will allow a minimum of ten (10) days (fourteen (14) calendar days) from the date of public notice mailing before scheduling a public hearing on the request before the planning commission;

f.    The applicant will post the notice on the site at least ten (10) days prior to the hearing. The notice shall be posted so that it may be easily seen from the public right-of-way. The applicant is responsible for maintaining the notice.

3.    Comment Period. Written comments on the proposal and public hearing notice must be received prior to the start of the public hearing. The commission may extend the written comment period to another date and time after completion of public testimony.

4.    Public Hearing. The public hearing shall be held no later than two regular meetings of the commission after the acceptance of the application by the planner. The hearing date may be postponed to a later date only with agreement by the applicant.

5.    Hearing Format. At the hearing before the commission, any interested person may present oral argument. Failure to observe the procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Oral argument shall be subject to the following order and time limitations, unless the commission, for good cause shown, permits a change in the order or an enlargement of time:

a.    City staff, five minutes each to present the city position and to set forth the evidence and reasons relied upon for the decision;

b.    Applicant or representative, five minutes;

c.    Private person supporting or opposing the proposal, five minutes each;

d.    Applicant, for rebuttal, five minutes.

6.    Decision. The commission shall decide to deny, approve or approve with conditions the proposal or appeal. The burden of proof shall be on the applicant. The commission’s decision may be made immediately following the public hearing portion of the commission meeting. The decision of the commission shall set forth the facts it finds relevant to its decision and the reasons for its decision, and notify interested persons, as defined in Section 16.36.010, of the right to appeal under Section 16.36.060. The effective date of the decision is the date the findings and the reasons are set out in writing and signed by the commission chairperson or the chairperson’s designee.

7.    Super Majority. If written objections are timely received from more than fifty (50) percent of the property owners of record notified in subsection (B)(5) of this section or are presented in writing by the same by the close of the written testimony period, the commission may only act if five members of the commission vote in agreement. (Ord. 09-57(AM) § 3, 2009; Ord. 07-58(AM) §§ 2, 3, 2007; Ord. 04-34 § 4, 2004; prior code § 16.43.506)

16.16.050 General approval criteria.

A.    An administrative approval, use permit, elevated administrative approval, elevated use permit or conditional use may be granted if the following general approval criteria and any applicable specific approval criteria of Section 16.16.060 are complied with. The burden of proof is on the applicant to show that the proposed use meets these criteria and applicable specific criteria for approval. An approval shall include a written finding that the proposed use can occur consistent with the comprehensive plan, harmoniously with other activities allowed in the district and will not disrupt the character of the neighborhood. Such findings and conditions of approval shall be in writing and become part of the record and the case file.

1.    Neighbors. Due deference has been given to the neighborhood plan or comments and recommendations from a neighborhood with an approved neighborhood plan.

2.    Plans. The proposal is substantially consistent with the city comprehensive plan and other city adopted plans.

3.    Special Uses. The proposal is substantially consistent with the specific approval criteria of Section 16.16.060.

4.    Reviewing Parties. Due deference has been given to the comments and recommendations of reviewing parties.

5.    Neighborhoods. Due deference has been given to the neighborhood plan or comments and recommendations from a neighborhood with an approved neighborhood plan.

6.    Fire Safety and Emergency Access. The proposal shall not pose a fire danger as determined by the State Fire Marshal or the fire chief of the district in which the proposed use is located. Adequate access for emergency and police vehicles must be provided.

7.    Traffic. The proposed use shall not overload the street system with traffic or result in unsafe streets or dangers to pedestrians. When development is proposed and the volume of traffic is expected to exceed one hundred (100) vehicles during the peak hour as estimated by the city planner, a licensed professional engineer shall conduct an analysis of the vehicle trip generation characteristics of the development. The engineer may use the average trip generation factors in the table in subsection B of this section, which are based upon the Institute of

Transportation Engineers Informational Report, Trip Generation, Third Edition, to determine anticipated traffic for establishing the number, size, and design of driveways, access roads and intersection improvements needed to accommodate the development.

8.    Dimensional Standards. The dimensional requirements of Section 16.24.010 are met.

9.    Parking. The parking, loading areas and snow storage sites for the proposal shall be adequate, safe and properly designed. The developer may be required to install acceptable lighting at pedestrian or vehicular access points.

10.    Utilities. The proposed use shall be adequately served by water, sewer, electricity, on-site water or sewer systems and other utilities.

11.    Drainage. The proposed use shall provide for the control of runoff during and after construction. All roads and parking areas shall be designed to alleviate runoff into public streets, adjoining lots and protect rivers, lakes and streams from pollution. Uses may be required to provide for the conservation of natural features such as drainage basins, watersheds, and land stability.

12.    Large Developments. Residential development of more than four units or nonresidential development of more than ten thousand (10,000) square feet gross floor area may be required to provide a site plan showing measures to be taken for the preservation of open space, sensitive areas and other natural features; provision of common signage; provision for landscaping and provisions for safe and effective circulation of vehicles, pedestrians and bicycles. Nonresidential large developments must be located with frontage on one of the following classes of streets: interstate, minor arterial, major collector or commercial.

13.    Peak Use. The proposed use shall not result in significantly different peak use characteristics than surrounding uses or other uses allowed in the district.

14.    Off-Site Impacts. The proposal shall not significantly impact surrounding properties with excessive noise, fumes or odors, glare, smoke, light, vibration, dust, litter, or interference in any radio or television receivers off the premises, or cause significant line voltage fluctuation off the premises. Radio transmitters and any electronic communications equipment regulated by the Federal Communications Commission is specifically excluded from regulation by this section. Welding, operation of electrical appliances or power tools, or similar activities that cause off-site impacts as described above are specifically regulated by this subsection. Buffering may be required to ameliorate impacts between residential and nonresidential uses. The owner of the property upon which the buffer is constructed is responsible for the maintenance of the buffer in a condition that will meet the intent of this criteria.

15.    Landscaping. The proposed use shall be designed in a manner that minimizes the removal of trees and vegetative cover, and shall conform to the standards in this title concerning the provision and maintenance of landscaping, and any landscaping plan that is required for the proposed use under this title. The approval authority also may condition approval on the provision of the following:

a.    A fenced storage area for common use, adequate to store boats, trailers, snowmobiles, recreational vehicles and similar items.

b.    Adequately sized, located and screened trash receptacles and areas.

16.    Walkways, Sidewalks and Bike Paths. Pedestrian walkways or bicycle paths may be required where necessary to provide reasonable circulation or access to schools, playgrounds, shopping areas, transportation or other community facilities. Improvements must be constructed to standards adopted by the engineer.

17.    Water, Sewage and Drainage Systems. If a proposed use is within five hundred (500) feet of an existing, adequate public water system, the developer may be required to construct a distribution system and the connection to the public system. A developer may be required to increase the size of existing public water, sewer or drainage lines or to install a distribution system within the development. The commission may require any or all parts of such installation to be oversized. The developer must submit to the engineer an acceptable plan that shows that if within ten (10) years an increase in capacity will be required to serve other areas, how these needs will be met by oversized facilities. When installation of oversized facilities is required, the developer shall install such facilities at their own expense. The developer shall be reimbursed the amount determined by the engineer to be the difference in cost between the installed cost of the oversized utility lines and the installed cost of the utility lines adequate to serve both the development concerned and all other land to be served by the lines which is owned or under the control of the developer, provided the developer may not be required to install facilities unless funds for such oversizing have been appropriated for the purpose by the city and there is a sufficient unencumbered balance in the balance in the appropriation. No reimbursement may be made unless the developer has entered into such agreement with the city, including conveyances of personal property including lines, lift stations and valves and conveyances of land or rights in land, as the city determines may be necessary to ensure complete control by the city of its sewer, drainage and water lines when they are extended to serve the property of the developer. Notwithstanding the requirement that the developer construct improvements to existing systems, the commission may elect to accomplish the design or construction, or both, of improvements to be made to existing public systems. In such a case, the commission may require advance payment to the city of the estimated cost of work to be accomplished by the city. The developer shall reimburse the city for all expenses of such design or construction not paid in advance. A public system is adequate if, in the judgment of the engineer, it is feasible for the developer to make improvements to the public system which will provide the increased capacity necessary to serve the existing users and the new development at the same level as is being provided to the existing users. Prior to approval of a use for which a community water system is required, the developer must submit evidence showing that there is available a satisfactory source of water. A source of water is satisfactory only if it can be shown that the proposed source will produce water sufficient in quality and quantity to supply the development. The water system and the connection between such distribution systems and the source must be sized and constructed to meet fire flow and hydrant requirements for fire protection and that the developer has obtained or can obtain a water appropriation permit or certificate for the water from the state. The system must be built to city specifications available from the engineer.

18.    Historic Resources. The proposed use shall not adversely impact any historic resource prior to the assessment of that resource by the city.

19.    Appearance. The proposed use may be required to blend in with the general neighborhood appearance and architecture. Building spacing, setbacks, lot coverage, and height must be designed to provide adequate provisions for natural light and air.

20.    Open Space and Facilities. The applicant may be required to dedicate land for open space drainage, utilities, access, parks or playgrounds. Any dedication required by the city must be based on a written finding that the area is necessary for public use or safety and the dedication is in compliance with adopted municipal plans and policy. The city finding shall conclude that a direct connection exists between the development and the need for the provision of the dedication. No land may be accepted by the city unless:

a.    The location, shape, size and character of the area is suitable for the planned use;

b.    The uses authorized for an area are appropriate to the scale and character of the uses considering its size, density, expected population, topography, and the number and type of dwellings and uses to be conducted;

c.    The area must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved;

d.    If the final development plan provides for buildings, landscaping or other improvements in the dedicated area, the developer must provide a bond or other adequate assurance that such improvements will be completed. The city shall release the bond or other assurance when the buildings, structures or improvements have been completed according to the development plan;

e.    All land must be conveyed under one of the following options:

i.    It may be conveyed to an agency that will agree to maintain in perpetuity the area and any buildings, structures, or improvements which have been placed on it.

ii.    When no maintenance of the area is required, it may be conveyed to all new owners in undivided joint ownership.

iii.    When the land is not dedicated to a public agency and maintenance of the common space is required, an association for maintenance of the area must be established. Covenants establishing the association must be approved as to form by the city attorney, and by the commission as to whether the covenants provide for maintenance of the area in a manner which assures its continuing use for its intended purpose.

iv.    Conveyance of an area must be consistent with AS 34.07 the Horizontal Property Regime Act.

21.    Winter Hassles. The proposed use shall not significantly increase the impact on the surrounding area from glaciation or drifting snow.

B.    Table of Average Trip Generation Factors.*

Apartments and other residential units	1.00 trips per dwelling unit
Hotels and motels	1.00 trips per room
Schools (all)	0.25 trips per student
Industrial facilities	0.50 trips per employee
Hospitals	1.36 trips per bed
Nursing homes	0.36 trips per bed
Clinics	2.48 trips per 1,000 SF*
General office buildings	2.00 trips per 1,000 SF
Medical office buildings	3.90 trips per 1,000 SF
Civic centers	2.85 trips per 1,000 SF
Post offices, motor vehicle offices and other high-turnover public services	11.00 trips per 1,000 SF
Discount stores	6.97 trips per 1,000 SF
Hardware stores	5.20 trips per 1,000 SF
Shopping centers, per feet squared
0—50,000 SF	Trips = 110(SF/1,000)1/2
50,000—1,500,000 SF	Trips = 3.22(SF/1,000) + 614
Service stations (two hoses)	6.00 trips per pump
Car wash	132.00 trips per site
Truck stop	88.00 trips per site
Supermarket	15.7 trips per 1,000 SF
Convenience market	47.0 trips per 1,000 SF
Wholesale markets	0.52 trips per 1,000 SF
Furniture stores	0.10 trips per 1,000 SF
Banks	30.00 trips per 1,000 SF
Savings and loan offices	9.70 trips per 1,000 SF
Insurance offices	2.40 trips per 1,000 SF

*    Average number of one-way trips generated (or attracted) by a given facility during the peak generating (or attracting) hour of the facility. This peak may or may not coincide with peak traffic flow on the adjacent street. Where the average time of the motorist at the generator (or attractor) is less than one hour, the flow is half into the facility and half out. (Example: Truck stops with eighty-eight (88) peak hour trips per site would represent forty-four (44) inbound and forty-four (44) outbound trips.) Trips based on area are based on gross leasable floor area.

(Ord. 09-32 §§ 3, 4, 2009; Ord. 06-47(AM) § 4, 2006; prior code § 16.43.508)

16.16.060 Specific approval criteria.

The following uses are subject to the preceding general criteria and these additional approval standards:

A.    Home Occupation. Limited commercial activity may be allowed in a dwelling unit provided that:

1.    No more than one person, in addition to members of the household that reside on the premises, may engage in such occupation;

2.    The use of the dwelling unit or detached appurtenance for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty percent of the combined floor area of the dwelling and appurtenance is used in the conduct of the home occupation;

3.    There is no significant change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, illuminated by indirect lighting only and mounted flat against the wall of the principle building.

4.    Traffic is not generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood;

5.    Equipment or process is not used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

6.    Outdoor storage of materials or equipment will not be allowed unless adequately screened.

B.    Day Care. In the RR, R1, R2 and C districts the following apply:

1.    A day care facility is limited to less than twenty-five (25) people.

2.    Play areas must be adequately screened and buffered from adjacent residential property.

C.    Helipad. A helipad that is not located at an airport or heliport will be allowed only for incidental emergency use as an accessory to a permitted principle use such as a hospital or public facility and may not be used for routine transportation, parking, maintenance, fueling, storage or operations of a helicopter.

D.    Junkyard. No junkyard shall be established or operated unless it is completely obscured from view of any traveled or public right-of-way or adjacent properties with a non-compatible use (i.e., residential, commercial). The planner or commission may require a continuous solid fence to prevent the unsightly display of the yard. The fencing provided shall be continuous and of sufficient height and density to provide visual screening required by this chapter on a year-round basis.

E.    Farm Animals. Farm animals are allowed as an accessory use to agriculture in the industrial zone. In the rural residential and single-family residential farm animal(s) may be allowed as described in the following.

1.    A residential use in the RR, R1 or R2 district with a total lot area of forty thousand (40,000) square feet or more may include the keeping of one farm animal as an accessory use, provided that a suitable fence is provided and no stable or building used for farm animals may be closer than twenty-five (25) feet from any exterior lot line. Two farm animals may be kept provided that a site plan is approved by the planner.

2.    A residential use in the RR, R1 or R2 district may include the keeping of three or more farm animals if all of the above is met and the total lot area is eighty thousand (80,000) square feet or more.

3.    Up to three dogs are allowed per residence. Keeping of more than three dogs more than four months of age is a kennel (see kennel in use chart).

4.    No more than four hives per ten thousand (10,000) square feet of lot area shall be allowed and bee colonies shall be managed in such a manner that their flight path to and from the hive will not bring them into contact with people on adjacent property. To accomplish this, the colonies shall:

a.    Be at least twenty-five (25) feet from any exterior lot line not in common ownership and be oriented with entrances facing away from adjacent property; or

b.    Be placed behind a fence at least six feet in height and extending at least ten (10) feet beyond the hive in both directions.

F.    Resource Extraction. A permit for the commercial extraction of a natural resource may be issued with such reasonable conditions as necessary. The use must meet all other pertinent requirements of this title and include an acceptable operation and reclamation plan that addresses the following concerns and assures that the adverse impact of the operation is minimized and the site will be left in a safe, stable and environmentally and aesthetically acceptable condition:

1.    Methods and process of reclamation including stockpiling of topsoil for reuse;

2.    Initial site conditions including existing land use, vegetation, soils, geology and hydrology;

3.    Limits of operational areas;

4.    Days and hours of operation;

5.    Traffic patterns;

6.    Fencing and screening;

7.    Control of dust and noise;

8.    Phasing of operations and reclamation steps;

9.    Final condition of site including:

a.    Relation to adjoining land forms and drainage features,

b.    Relation of reclaimed site to planned or established uses of the surrounding area,

c.    Demonstration that the final land form will have a viable land use compatible with land use trends in the surrounding area;

10.    Methods to minimize potential conflict with existing uses that are significantly impacted by the development.

G.    Adult Business. An adult business may be allowed in the commercial district, subject to conditions, if separated from any residential zoned (RR, R1, R2, RM) lot line, public or private school, pre-school, educational institution, church or other religious facility, public or private park, and from a youth oriented facility or business by a buffer distance of at least one thousand two hundred (1,200) feet.

H.    Bed and Breakfast (B&B). A bed and breakfast may be allowed as an accessory to a residential use provided that the use of the dwelling unit or detached building for the B&B is clearly incidental and subordinate to the use for residential purposes by its occupants. One sign, not exceeding four square feet in area, illuminated by indirect lighting and on the same lot as the B&B use is allowed.

I.    Correctional Facility or Transitional Home for Criminals. Correctional facilities or transitional homes for criminals may be allowed if separated from any business licensed to serve alcohol beverages or package store, public or private school, pre-school, educational institution, church or other religious facility, or youth oriented facility or business by a buffer distance of at least one thousand two hundred (1,200) feet. The lot on which the facility is located may not border on a lot line of a residential area. Suitable buffering must be constructed and building(s) containing the principal use must be set back from any adjoining residential district lot line by a minimum of fifty (50) feet. Lighting must be provided at all developed pedestrian and vehicular access points. Additional lighting may be required by the commission. The minimum lot area for these uses is forty thousand (40,000) square feet for up to twelve (12) beds. Each additional twelve (12) beds or less requires an additional twenty thousand (20,000) square feet of lot area. The bond requirements set forth herein are based upon, in part on past incidents of harm to the general public involving injury to and criminal acts perpetrated upon residents of south-central Alaska by clients/inmates of transitional criminal facilities; and further based upon the desirable precautions that are more likely to be taken to avoid such harm to the public when financial security is at risk in the event of harm to the public caused by clients/inmates of transitional criminal facilities. Prior to initiation of operation of a transitional home or correctional facility, the developer shall post a bond in the amount of no less than seventy-five thousand dollars ($75,000.00) per client inmate bed that the facility is licensed to maintain. The bond shall be payable upon the event of damage to property or injury to persons caused by or perpetrated by a client/inmate while a resident of the facility and be written by a corporate surety of veritable financial accountability or other comparable form that assures the fiscal responsibility of the entity or person(s) underwriting the bond. The bond requirement set forth herein shall not apply to facilities owned and operated by the state of Alaska and/or a municipal subdivision of the state of Alaska.

J.    Kennel/Cattery. A kennel/cattery may be allowed if a site plan is approved and the kennel/cattery building, dog runs or other outside housing area is separated from any residential zoned lot line by a minimum of fifty (50) feet.

K.    An outdoor firing range shall conform to the following standards:

1.    Minimum Lot Area. The lot on which an outdoor firing range is located shall have a minimum area of twenty (20) acres.

2.    Setbacks. The area that includes the location where firearms are discharged, the line of fire, and the backstop, shall be set back at least one hundred (100) feet from:

a.    Any lot boundary; and

b.    Any structure intended for human occupancy, except for structures located behind the firing line.

3.    Safety Features. An outdoor firing range shall incorporate appropriate measures for the safety of users and the general public, including without limitation a backstop behind each target area consisting of an earth mound or dugout of sufficient dimension to stop projectiles, and fencing or an equally effective equivalent method of preventing casual access into the line of fire. Notwithstanding the above, a firing range for the purpose of shooting trap or skeet shall not be required to provide a backstop.

4.    Accessory Uses. An outdoor firing range may include accessory uses such as retail sales, snack shop, and short-term rental of firearms for use only on the premises. The sale of alcoholic beverages is prohibited. (Ord. 09-26(SUB) § 5, 2009; Ord. 09-13 § 4, 2009; Ord. 08-41 § 4, 2008; prior code § 16.43.510)

16.16.070 Rezoning.

A rezoning is a change to zoning district boundaries, or the establishment, modification or repeal of a planned unit development overlay district, as shown on the official zoning map. Application must be made on a form supplied by the planner. Prior to submission of an application, the applicant is encouraged to contact the planner for the purpose of discussing the site, the proposed use and the approval procedure.

A.    Initiation. A rezoning may be initiated by the developer, the planner, any member of the commission, a city council member; the mayor or by a petition bearing the signatures of the owners of at least fifty-one (51) percent of the owners of property within the area proposed to be rezoned.

B.    Restrictions. Rezoning of an area less than two acres shall not be considered unless the rezoning involves the contiguous expansion of an existing zone, or a planned unit development overlay district. Streets or other rights-of-way shall not be included in calculating the minimum area for a rezoning. The area to be rezoned shall be a logical, integrated area.

C.    Procedure. The application, acceptance notice, review and decision procedures for a rezoning shall follow the procedures set forth for a conditional use in Section 16.16.040. If the commission fails to act within twenty (20) days of the close of the hearing the rezoning request shall be considered approved and shall be forwarded to the council.

D.    Criteria. The commission shall make a recommendation to the council based on written findings that the appropriate following criteria have been addressed:

1.    Due deference has been given to the neighborhood plan; or comments and recommendations from a neighborhood with an approved neighborhood plan;

2.    The proposed rezoning substantially complies with Section 16.16.050, and Section 16.20.030 in the case of the establishment or modification of a PUD overlay district;

3.    The proposed rezoning is in an area with adequate services, including as appropriate; roads, parking, sidewalks, water, sewer, gas, electricity, drainage, police and fire protection, or the developer has agreed to provide all the necessary improvements or services for the area;

4.    The comments from reviewing parties (Section 16.08.040) on the proposed rezoning have been adequately addressed;

5.    There is a demonstrated need for additional land in the zoning district to accommodate uses allowed;

6.    The resulting district or expanded district will be a logical, integrated area; and

7.    The rezoning is in conformance with the city comprehensive plan.

E.    Council. The council shall review and act on a rezoning by ordinance. In addition to any other notice required by law, notice of the public hearing on the ordinance shall be given as provided in Section 16.16.040(A)(2). The council shall consider the application and commission recommendation at its next available meeting after receipt of the commission recommendation. Upon enactment of the ordinance, the planner shall cause the official zoning map to be changed accordingly. The council’s decision shall be final. (Ord. 09-13 § 5, 2009: prior code § 16.43.512)