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Rezoning Procedures

 

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   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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