Petitioner Requirements - Rezoning Procedure Development Agreement
From Weber County Wiki
35-1 Purpose and Intent
Every property in the unincorporated area of Weber County is legally zoned as a result of comprehensive zoning in Western Weber County in the 1950’s and the Ogden Valley in the 1960’s. The purpose of this Chapter is to establish a legislative means by which applications to Weber County are processed to change zoning. Rezoning is intended to implement the adopted General Plans for the different Townships of Weber County.
35-2 Development to be in Conformance to the General Plan
Since the purpose of Zoning Regulations is to promote the general welfare, safety, health, convenience and economic prosperity of the County, it is County Policy that rezoning of property, should further this purpose, by complying with the County’s General Plans.
35-3 Approval Criteria
- To promote compatibility and stability in zoning and appropriate development of property within Weber County, no application for rezoning shall be approved unless it is demonstrated that the proposed rezoning promotes the health, safety and welfare of Weber County and the purposes of this Ordinance. The Planning Commission and the County Commission will consider whether the application should be approved or disapproved based upon the merits and compatibility of the proposed project with the General Plan, surrounding land uses, and impacts on the surrounding area. The Commissions will consider whether the proposed development, and in turn the application for rezoning, is needed to provide a service or convenience brought about by changing conditions and which therefore promotes the public welfare. The County Commission may require changes in the Concept Plan in order to achieve compatibility and may impose any conditions to lessen or eliminate adverse impacts.
- Supplementary approval criteria for a Destination and Recreation Resort Zone:
- The proposed Resort can be developed in a manner that will not substantially degrade natural/ecological resources or sensitive lands as identified in Chapter 43, Ogden Valley Sensitive Lands Overlay District, of the Weber County Zoning Ordinance.
- A professional and empirical study has provided substantial evidence determining that the proposed Resort is viable and contributes to the surrounding community’s economic well being.
- A professional and empirical study has provided substantial evidence determining that proposed traffic mitigation plans will prevent transportation corridors, serving the Resort, from diminishing below an acceptable Level of Service.
- The natural and developed recreational amenities, provided by the Resort, shall constitute a primary attraction and provide an exceptional recreational experience by enhancing quality public recreational opportunities.
- The proposed Resort’s Seasonal Workforce Housing Plan will provide a socially, economically and environmentally responsible development.
- The proposed Resort can demonstrate that public safety services are and/or will be feasible and available to serve the project in a manner that is acceptable to the County Commission.
35-4 Application Submittal
- A pre-application meeting is required prior to the application submittal.
- An application for a rezoning shall be submitted on forms provided by the Planning Division and shall expire eighteen (18) months after submittal, if not acted upon, provided however, that the Director may extend the application for six (6) months for just cause. The application shall be accompanied with the following information:
- The application shall be signed by the landowner(s) or his/her duly authorized representative and shall be accompanied by the necessary fee as shown within the applicable fee schedule.
- A rezoning may be initiated by an owner of any property or any person, firm or corporation with the written consent of the owner of the property, or be County initiated.
- An application for a rezoning shall be accompanied by a Concept Development Plan.
- Letters of feasibility from the appropriate state or county agencies for water and wastewater. e.A narrative from the Project Engineer discussing the feasibility for the mitigation of storm water run-off.
- The applicant shall provide a narrative addressing the following information:
- How is the change in compliance with the General Plan?
- Why should the present zoning be changed to allow this proposal?
- How is the change in the public interest?
- What conditions and circumstances have taken place in the general area since the General Plan was adopted to warrant such a change?
- How does this proposal promote the health, safety and welfare of the inhabitants of Weber County?
- Project narrative describing the project vision.
- Destination and Recreation Resort Zone Supplementary Requirements. Due to the anticipated scale and potential impact of a Destination and Recreation Resort on Weber County and other surrounding areas, additional information, shall be required to accompany any application submitted for consideration of a Destination and Recreation Resort Zone approval. The additional information shall consist of the following:
- Concept Development Plan showing sensitive land areas as described/mapped in Chapter 43, Ogden Valley Sensitive Lands Overlay Districts
- Traffic Impact Analysis
- Cost Benefit Analysis
- Recreation Facilities Plan
- Seasonal Workforce Housing Plan
- Emergency Services Plan including a Letter of Feasibility from the Weber Fire District and Weber County Sheriff’s Office
- Letter of Feasibility from the electrical power provider
- Density calculation table showing proposed density calculations
- Thematic renderings demonstrating the general vision and character of the proposed development
All documents submitted as part of the application shall be accompanied by a corresponding PDF formatted file.
35-5 Concept Development Plan
The Concept Development Plan shall be submitted with a rezoning application, and shall supply sufficient information about the development to assist the Township Planning Commission and County Commission in making a decision on the rezoning application. Seven copies of plans shall be submitted on 11 by 17 inch paper and 2 copies of plans shall be submitted on 24 by 36 inch paper, at a readable scale. All concept plans (including but not limited to architectural elevations/renderings, etc), and subsequent submittals and revisions, shall be accompanied by a full-scale set of PDF, DWF and JPEG files of the respective plans.
Information supplied shall include text and illustration:
- Inventory of general land use types located within the project and the surrounding area.
- Approximate locations and arrangements of buildings, structures, facilities and open space.
- Architectural rendering of proposed buildings, structures, facilities and open space within the project.
- Access and traffic circulation patterns and approximant location of parking.
- A written description explaining how the project is compatible with surrounding land uses.
- The existing site characteristics (e.g. terrain, vegetation, watercourses, and wet lands ect.).
- Written explanation and visual illustration showing project density and mass/scale in comparison to the existing developed area adjacent to the proposed rezone.
- Legal Description of the property being proposed for rezone.
The applicant/owner and any assigns or successors in interest, is required to develop only in accordance with the proposals outlined in the plan. Any materially different concept, use, building arrangement, etc., will not be approved nor will building permits be issued by the County until such plan is amended by the County Commission after recommendation of the Planning Commission. Minor changes may be approved by the Planning Director. If the County denies such changes or amendments and/or the Concept Plan is abandoned, the County may institute steps to revert the zoning to its former or other appropriate zone. The information shown on the Concept Plan may vary in detail depending on the size of projects.
35-6 County Zoning
The County Commission after considering the recommendations of the Township Planning Commission, holding the required public hearing(s), and making findings as to whether or not the application meets the criteria found in subsection 35-3, may take any of the following actions:
- The County Commission may approve the proposed rezoning and concurrently approve a Concept Plan for the development, in whole or in part, with or without changes or conditions and adopt an ordinance rezoning the property,
- The County Commission may deny a rezoning application.
- The County Commission may rezone the subject land to any other less intensive zone deemed more appropriate
35-7 Processing Approved Development Proposals
After rezoning is granted, a development proposal shall be processed and specific plans for all or a phase of the development on the rezoned land shall be reviewed as required by the Zoning Ordinance, as part of its (site plan design review, conditional use approval, subdivision and/or building permit) approval process. The plans shall be in accordance with the approved Concept Development Plan and any conditions attached.
35-8 Development Agreement
- The County Commission may require an applicant, at the time of zoning approval, to enter into a Zoning Development Agreement which specifies and details the applicant’s responsibilities and commitments in carrying out the development contained in an approved concept development plan and which lists the conditions and limitations of development imposed by the County and also the contemplated action of the County in case of default by an applicant or any successors in interest in the rezoned property.
- The agreement shall also contain the applicant’s acknowledgment that the commitment of zoning is predicated upon the good faith accomplishment of the approved development and if not started or constructed within the specified periods of time, the County may take steps to rescind zoning approval and revert the zoning to its former or other appropriate zone.
- A development agreement, which has been executed as part of a rezoning process, shall be recorded in the County Recorder's Office as a covenant running with the land, concurrently with adoption of an ordinance implementing a rezoning application.
35-9 Reversion to Original Zoning Designation
- If development does not occur as proposed at the time of zoning approval, the public benefits expected from the development cannot be realized and the effect of the rezoning is therefore without merit in terms of improving the public economic prosperity, general welfare, safety, health and convenience. If in such cases the County finds that the zoning purpose has not been attained, the County then may declare its intent to revert the zoning to its former or other appropriate zone so future opportunities for similar development in the same general area may be shared by other properties deemed suitable.
- If building permits have not been obtained and construction of the development or an agreed upon phase thereof, in accordance with the approved concept and final development plans, has not commenced within two years from the date of zoning approval or other time period as set by the County Commission, the County may examine the reasons for the delay and the progress of the development to that point and may either extend the time period or initiate steps to revert the zoning designation of the previously rezoned land to its former or other appropriate zone. The reversion of zoning shall follow the same procedure established by law for amending the zoning map.
35-10 Disconnect from Incorporated Cities
Properties that disconnect from incorporated cities shall submit a rezone application and fees to the Weber County Planning Division. Prior to any disconnection, the subject property needs to comply with its current city zoning and approved site plan.