Chapter 17.360
PLAN AMENDMENTS AND ZONE CHANGES

Sections:

17.360.010    Comprehensive plan amendment.

17.360.015    Zoning text and map amendment.

17.360.020    Initiation of amendment.

17.360.030    Pre-application review.

17.360.040    Application contents.

17.360.060    Approval criteria.

17.360.070    Expiration and extension.

17.360.080    Concomitant rezone.

17.360.010 Comprehensive plan amendment.

(1) The boundaries of the comprehensive plan map designations and the comprehensive plan text may be amended as provided in CBDC 17.360.020.

(2) The city may amend its comprehensive plan and/or plan map. The approval body shall consider the cumulative effects of the proposed comprehensive plan and/or map amendments on other zoning districts and uses within the general area. Cumulative effects include sufficiency of capital facilities services, transportation, zone and location compatibility, and other issues related to public health and safety and welfare the decision-making body determines to be relevant to the proposed amendment. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.010].

17.360.015 Zoning text and map amendment.

The boundaries of the zoning districts established on maps by this title, the classification of uses therein, or other provisions of the title may be amended as provided in CBDC 17.360.020. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.015].

17.360.020 Initiation of amendment.

Amendments of the comprehensive plan text or map, zoning map, or this title may be initiated by the following:

(1) A Type III application, CBDC 17.130.100, Type III procedure, by one or more owners of the property proposed to be changed or reclassified consistent with the adopted comprehensive plan; or

(2) A Type IV legislative process, CBDC 17.130.110, Type IV procedure, by motion of the planning commission and adoption by the city council. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.020].

17.360.030 Pre-application review.

(1) An application for a Type III or Type IV review is subject to pre-application review under CBDC 17.130.020, Pre-application review.

(2) An applicant for pre-application review for a plan map amendment or zone change shall submit the requisite fee and three paper copies and one electronic copy of the following information except as otherwise provided by the city:

(a) A completed form provided by the city for that purpose;

(b) The name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the application;

(c) A preliminary plan at a scale of no more than one inch equals 200 feet, with north arrow, date, graphic scale and information relevant to the plan map amendment and/or zone change, such as existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering and structures on the site; existing and proposed natural features on the site, including vegetation, topography and grades; existing and proposed utilities (water, sewer, drainage, fire hydrants); and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The applicant shall provide one copy of the plan reduced to fit on an eight-and-one-half-inch-by-11-inch page. Principal features of the plan shall be dimensioned; and

(d) A written summary of the proposed plan map amendment and/or zone change and facts and evidence based on which the application(s) can be approved. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.030].

17.360.040 Application contents.

(1) An amendment application shall include the requisite fee and three paper copies and one electronic copy of the applicable information required by CBDC 17.130.050(2), Standards for Technical Completeness.

(2) A technically complete application shall contain:

(a) A map of the proposed amendment, if applicable;

(b) The complete proposed text amendment, if applicable;

(c) A narrative describing the potential effects the proposal will have on public services, including streets, schools, parks and utilities, to the extent applicable;

(d) An analysis of the potential cumulative effects of the proposal;

(e) Materials required under CBDC 17.130.050(2); and

(f) Other materials the director deems necessary. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.040].

17.360.060 Approval criteria.

(1) For a Type III or Type IV review, the city council shall approve the proposal upon finding that:

(a) The proposed amendment is consistent with the applicable policies of the comprehensive plan or that a significant change in circumstances requires an amendment to the plan or map;

(b) The proposed amendment is in the public interest; and

(c) Approval of the amendment will not result in a decrease in the level of service for capital facilities and services identified in the Coos Bay capital improvement plan(s). [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.060].

17.360.070 Expiration and extension.

A decision approving or conditionally approving a Type III request enacted by ordinance, other than a concomitant rezone, does not expire. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.070].

17.360.080 Concomitant rezone.

(1) Rezone Agreements.

(a) The purpose of this subsection is to allow for the implementation of the comprehensive plan policies relating to future commercial centers and industrial developments, as appropriate and consistent with the Coos Bay comprehensive plan and Coos Bay capital improvement plan. If, from the facts presented, and the findings, report and recommendations of the planning commission as required by this section thereof, the city council determines that the public health, safety and general welfare will be best served by a proposed change of zone, the city council may indicate its general approval, in principle, of the proposed rezoning by the adoption of a “resolution of intent to rezone” the area involved. This resolution shall include any conditions, stipulations or limitations which the city council may feel necessary to require in the public interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant, shall make such a resolution a binding commitment on the city council. Such a resolution shall not be used to justify spot zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning, or by imposing setback, area or lot coverage restrictions not specified in the code for the zoning classification, or as a substitute for a variance.

Upon completion of compliance action by the applicant, the city council shall, by ordinance, effect such rezoning. The failure of the applicant to meet any or all conditions, stipulations or limitations contained in the resolution, including the time limit placed in the resolution, shall render the resolution of intent to rezone null and void, unless an extension is granted by the city council upon recommendation of the planning commission. Generally, the time limitation shall be one year. The city council may grant one one-year extension, after which the resolution shall be null and void if all conditions, stipulations and limitations have not been met by the applicant.

(b) Concomitant Rezone Agreements.

(i) Purpose. The purpose of this subsection is to explicitly provide for the use of agreements concomitant to rezone approvals. The agreement may call for performance by the applicant which is directly related to public needs which may be expected to result from the proposed usage of the property. The performance called for will mitigate the public burden in meeting those resulting needs by placing it more directly on the party whose property use will give rise to such needs. The agreement shall generally be in the form of a covenant running with the land. The provisions of the agreement shall be in addition to all other pertinent CBDC requirements.

(ii) Applicability. This agreement process will not generally be used for rezones to residential zoning districts. It may, however, be used in any situation where extraordinary potential adverse impacts from a proposed rezone may be neutralized by the agreement. The agreement process may be employed for rezones in sensitive geographic areas or areas such as critical transportation corridors. The agreement process will generally be used for rezones to commercial, industrial, and non-single-family residential not specifically identified by the comprehensive plan map. The intent is that concomitant rezone agreements shall only be used when normal review and approval procedures are not adequate to resolve the specific issues involved in the rezone proposal.

(iii) Mitigating Measures. The agreement may include mitigating measures, such as:

(A) Access control;

(B) Landscaping, screening, buffering;

(C) Improvements to public services, including drainage, sewer, water and roads;

(D) Lot coverage, dimension; and

(E) Phasing of development.

(iv) Concept Plan. A concept plan may be required. When required, the concept plan shall be drawn to a one-inch-to-100-foot scale and include:

(A) General location of structures;

(B) Location and number of access points;

(C) Approximate gross floor area of structures;

(D) Name of the proposal;

(E) Identification of areas requiring special treatment due to their sensitive nature;

(F) North directional arrow; and

(G) Names and location of all public streets or roads bordering the site.

(v) Application Procedure. The applicant may propose an agreement concomitant to rezone approval at the time of, or after, a pre-application conference with the director.

The proposed agreement shall include any proposed mitigating measures and concept plan as provided for by this chapter. In cases where a specific project is to be considered in conjunction with a rezone request, the responsible review authority shall review the site plan.

(vi) Modifications. Modifications which are minor and without major impact may be approved by the director or his/her duly authorized representative, administratively and without public hearing. Any other modifications shall only be approved after the same procedure applicable to all rezones has been followed, including a public hearing.

(vii) Enforcement. The agreement shall provide for appropriate enforcement mechanisms and performance guarantees.

(2) Release of Concomitant Rezone Agreements.

(a) Upon petition by the property owner, a concomitant rezone covenant may be fully or partially released, or modified, by the city council following a public hearing with notice as prescribed by CBDC 17.130.120, Notices, and in accordance with the criteria set forth in this section.

(b) In considering requests for release or modification of concomitant rezone covenants, the review authority shall consider the following:

(i) In the case of full covenant release, whether development of the site would be consistent with current zoning regulations and comprehensive plan recommendations; and

(ii) In the case of either full or partial covenant release or covenant modification, whether adequate public/private services are available to support development of the site; and

(iii) In the case of either full or partial covenant release or covenant modification, whether the requested action would unreasonably impact development undertaken on nearby properties in reliance upon the covenant commitments; and

(iv) In the case of partial covenant release or covenant modifications, whether future development under current zoning will be consistent with existing and planned development. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.080].