§ 30-552. Comprehensive Plan amendments and rezoning applications.

(1)

Comprehensive Plan amendments. A concurrency evaluation as outlined in this division is not required in connection with a Comprehensive Plan amendment or future land use map amendment. However, the county may consider the availability of public services and facilities when evaluating the appropriateness of a future land use map amendment or Comprehensive Plan amendment. A request for future land use map amendment or Comprehensive Plan amendment may be denied if public facilities and services are not expected to be available within the planning period pursuant to the Comprehensive Plan. In evaluating the availability of public school facilities, the county shall request school capacity information from the school board for all Comprehensive Plan amendments that will result in a net increase of ten (10) single-family or fifteen (15) multifamily residential units pursuant to section 704B.2. of the County Charter and the Comprehensive Plan public schools facilities element policy PS6.3.1.

(2)

Zoning applications. A concurrency evaluation as outlined in this division is not required in connection with a rezoning application or other zoning application subject to this article. However, the county may consider the planned availability of public services and facilities when evaluating the appropriateness of a rezoning application or other zoning application subject to this article. A rezoning application or other zoning application subject to this article may be denied if public facilities and services are not expected to be available within the planning period pursuant to the Comprehensive Plan future land use element. In evaluating the availability of public school facilities, the county shall request school capacity information from the school board for all rezoning applications that will result in a net increase of ten (10) single-family or fifteen (15) multifamily residential units pursuant to section 704B.2. of the County Charter and the Comprehensive Plan public schools facilities element policy PS6.3.1.

(3)

Planned development. A study to assess traffic and capacity impacts shall be required as part of any application for planned development (PD) zoning. If the PD already has a CEL, no study shall be required. The study shall be submitted as part of the staff analysis to the planning and zoning commission/local planning agency as well as to the board of county commissioners in connection with the review by such bodies of the requested rezoning, and such study shall be considered in determining the appropriateness of the requested rezoning and/or the conditions applicable thereto. A substantial change to a PD that affects traffic may require a traffic study and analysis.

(4)

Recommendation for denial. In the case where there is a recommendation of denial of the requested future land use map, comprehensive policy plan, rezoning, or PD application, the applicant is not precluded from applying for a capacity encumbrance letter and a capacity reservation certificate in accordance with this article.

(Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)