A Yellow Rezoning Sign Just Went
Up!
From the time the sign goes up to the hearing date is approximately 4
weeks. Staff reports are issued 10 days prior to the Zoning Hearing Master
hearing. The ZHM Report is issued 14 days after hearing. The file
for Oral Argument is within 7 days of the ZHM report.
Step 1: Write down the re-zoning number (RZ-?) and the hearing
date. Both can be found on the yellow sign.
Step 2: Call your neighbors and set up a meeting date -- the
sooner the better.
Step 3: Call the KCA President to notify KCA Board
members. Let them know when your neighborhood meeting is scheduled.
Keep them in the loop about hearing dates, continuances, etc.
Step 4: Call the Planning and Growth Management Department
(P&GM). They process the petitions and staff writes a
recommendation. Find out the basics about the petition, i.e. how large is
the property, what are they asking for, etc. Also, find out who the
petitioner is, and who represents them. Usually this is either an attorney
or a land use planner.
Step 5: Call the Planning Commission. They also make a
staff recommendation as to consistency with the comprehensive plan. Find
out the planner assigned the case, but keep in mind that they usually don't get
the paperwork for a couple of days after the signs go up. Call them anyway
and find out when you can get back with them.
In addition, you'll want to set up appointments with the contacts you have
now spoken to in the Planning and Growth Management and Planning Commission
departments
Also, go downtown to the 20th floor of the County Center (601 E. Kennedy) and
get a copy of the site plan and any other pertinent info in the zoning file
(you'll need that RZ number).
Set up an appointment with the developer after you have head your first
neighborhood meeting and first meetings with the county planners assigned to the
case.
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Types and Purposes of Meetings
Neighborhood Meeting #1: Meet your neighbors and share the
information you obtained from phone conversations with Planning and Growth
Management (PGMD) and the Planning Commission (TPC). Look at the site plan
and see if it meets the goals of the Keystone Community Plan.
Remember, in today's political climate, it is extremely difficult to
"win" a re-zoning battle with and outright denial, but it is very
common to get any number of concessions from the developer on design issues, use
issues, and in some cases, density issues. In this first meeting , it is
important to identify the major issues affecting your neighborhood so that you
can share this information with PGMD and TPC. You don't need to discuss
solutions yet, just identify as many questions as you can.
Meeting with PGMD: This person is responsible for insuring that
the petition meeting all the requirements in our Land Development Code.
Even though we now have our Community Based Plan in effect as well as other
commercial land development codes, most of the specific issues that you will be
discussing will need to be added in the form of "Zoning
Conditions". Some conditions can be added by PGMD staff, but these
can only be added by the developer. As you talk to staff, make sure they
identify which issue you need to address directly with the developer.
Meeting with TPC: This may be your most important meeting.
TPC staff determines whether a petition is consistent with the comprehensive
plan and that allows the TPC staff some latitude in determining whether to
support or reject a petition. These folks are also the ones who will let
you know what the "Future Land Use" is on the subject property.
Just because a project meets the Future Land Use density thresholds does not
necessarily mean that it is consistent with the plan. Share your questions
and concerns with TPC staff. They too can add zoning conditions as well as
give you ideas about things you might be able to get the developer to agree to.
First Developer Meeting: Sad to say, but our experience has been
that most are not trustworthy. They will twist your words at hearings and
not put into written zoning conditions everything they promise. Be vigilant,
and DO NOT AGREE TO SUPPORT anything base on your first meeting. Usually,
they will want to know what your major objections are, and a discussion will
follow as to how that might be accomplished. Ask them to bring changes
back to you.
Let PGMD and TPC know that you have had an initial meeting with the
developer, what was discussed, what you liked, and what you didn't.
If the developer continues to negotiate in good faith and you reach a
compromise, have at least one neighborhood representative go to the hearing in support
of the petition. And, unless something really changes or falls apart a the
last minute, DO NOT go back on your agreement to compromise. On the other
hand, DO NOT support a petition that does not reasonably meet the goals of our
community plan.
Remember, even if you have tried to reach an agreement with the developer,
but he has failed to win your support, AND the project is ultimately approved in
spite of your objections, YOU STILL WIN! Chances are, the project is
VASTLY better than it otherwise would have been. Good Luck!
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