§ 10.2.6. Staff Analysis of Zoning Changes.

A.

Major and Minor Zoning Changes.

1.

Major Zoning Change. A major zoning change is an application for an amendment to the Official Zoning Map, approval of a special exception use or approval of a change in the conditions of approval associated with a rezoning or special exception use, which if approved would result in any of the following:

(A)

A use that would be inconsistent with the Columbus Comprehensive Plan;

(B)

A project that would be inconsistent with any element of the Columbus-Phenix City Transportation Plan;

(C)

A project that would have at least one entrance on a major thoroughfare;

(D)

A project that is a Development of Regional Impact as provided in Section 10.2.9.; or

(E)

A project that would include any of the following uses:

(1)

More than 100 dwelling units;

(2)

More than 100 hotel rooms;

(3)

More than 100,000 square feet of gross floor area in office use;

(4)

More than 25,000 square feet of gross floor area in commercial sales or services use; or

(5)

More than 150,000 square feet of gross floor area in warehouse, wholesale or industrial use.

2.

Minor Zoning Change. A Minor Zoning Change is an application for an amendment to the Official Zoning Map, approval of a special exception use or approval of a change in the conditions of approval associated with a rezoning or special exception use, which is not a major zoning change.

3.

Determination of Major or Minor Zoning Change. The Director of Planning shall have sole discretionary authority to determine whether an application is a major or minor zoning change.

B.

Staff Report on Zoning Changes.

1.

Preliminary Findings. Such preliminary findings that the Planning Division may publish prior to the Planning Advisory Committee meeting regarding a petition for a zoning change shall be made available to the Planning Advisory Committee, the petitioner and the general public at the same time. Such preliminary findings shall be made available in whatever manner the Planning Division considers most efficient and expeditious.

2.

Advisory Report and Recommendations. The Planning Division shall have 30 days from the petition submittal deadline date to submit its advisory report and recommendations to the City Council on minor zoning changes, and 60 days on major zoning changes.

3.

Contents of Report. The Planning Division report shall include, but must not be limited to, the factors listed below as appropriate and applicable to the zoning change proposed and which are relevant standards to balance the public interest of promoting the health, safety, morality and general welfare against the right to unrestricted use of property.

(A)

General Planning and Land Use. The report shall answer the questions listed below.

(1)

Is the proposal consistent with or contrary to the land use and other adopted plans of the consolidated government, and does the change meet, or not meet, adopted land use policies, and what is the relation of the changes to each applicable policy?

(2)

To what extent is the request consistent with existing or future land use patterns?

(3)

To what extent would the request affect development of existing undeveloped or under-developed parcels in the area?

(4)

What is the suitability of the property for the present and proposed zoned uses?

(5)

At what rate is such land being developed for the proposed use or other uses in the vicinity?

(6)

Is the development reasonably compact and contiguous to an existing developed area, or will the result encourage leapfrog or sprawl development?

(7)

Is it possible to find adequate sites for the proposed use in zoning districts permitting such use in reasonable proximity to the area to be served by type proposed use?

(8)

Is the development consistent with the requirements of the unified development ordinance in terms of building setbacks and lot size?

(9)

Has the property previously been developed contrary to existing regulations?

(B)

Environmental Impacts. The report shall answer the questions listed below.

(1)

Is the property in a floodplain?

(2)

Does the proposed development come under the regulations of the floodplain development regulations?

(3)

Does the proposed development come under the regulations of the soil erosion and sedimentation control regulations?

(4)

How would the proposed zoning change impact on problem areas identified by the Columbus stormwater management program?

(5)

Would the proposed zoning change result in a noise problem not usually associated with the current zoning classification?

(6)

Would the proposed zoning change result in a development that would have detrimental visual effects on surrounding property?

(C)

City Services. The report shall answer the questions listed below.

(1)

Police. Can the proposed development be easily patrolled from an existing patrol zone?

(2)

Police. Does the development or use pose any unique police protection problems?

(3)

Fire. Does the proposed development or use pose any unique fire protection problems?

(4)

Water. What is the adequacy and availability of public water?

(5)

Sewer. What is the adequacy and availability of sanitary sewers?

(6)

Parks and Recreation. Are the public recreational facilities capable of absorbing a change in demand that may result from the rezoning?

(7)

Parks and Recreation. Are any of the planned city parks included in the area under construction?

(8)

Schools. Is the Muscogee County School District capable of absorbing a change in demand that may result from a rezoning?

(9)

Transportation. Is the road system that will serve the tract being rezoned capable of absorbing the increased traffic?

(10)

Parking and Curb Cuts. Is the proposed development consistent with the requirements of this UDO in terms of off-street parking and curb cuts?

(D)

Zoning Review. The report shall answer the questions listed below.

(1)

What is the zoning of the nearby property?

(2)

Is this spot zoning? That is, singling out a small parcel of land for a use totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners?

(3)

Would this be spot zoning done to implement the general land use plan?

(4)

Are present zoning boundaries illogically drawn in relation to existing conditions, and is this proposed change the most suitable permanent zoning boundary?

(5)

Will the change in zoning encourage more requests for zoning changes in the area?

(6)

What is the amount of land currently zoned for the proposed use in the vicinity, and does additional land need to be zoned for the proposed use? Are there any special circumstances that make land zoned for the proposed use unavailable for development?

(E)

Reasonableness of Request. The report shall answer the questions listed below.

(1)

What is the basis of this request, and are there substantial reasons why the property cannot be used in accord with the existing zoning?

(2)

Is the proposed use out of scale with the needs of the neighborhood or the city?

(3)

What will the relative gain to the public as compared to any hardship imposed upon individual property owners?

(F)

Change to Conditions in the Area. The report shall answer the questions listed below.

(1)

What is the extent to which property values of the property being rezoned are diminished by the current zoning restrictions and how does this promote the health, safety, morals and general welfare of the public?

(2)

To what extent would the property values of the adjacent properties be affected by the rezoning?

(3)

Have the basic land use conditions in the area been changed?

(4)

Will the change in zoning significantly alter the population density pattern?

(5)

Will the change in zoning seriously reduce the available light and air in adjacent areas?

(6)

Will the zoning change act as a deterrent to the improvement of development of adjacent property in accord with existing regulations?

(G)

Attitude of Property Owners. The report shall answer the questions listed below.

(1)

How many property owners were notified of the proposed rezoning, and do they support or object to the change?

(2)

Will property owners be affected by the zoning change?

(H)

Planning Advisory Commission Recommendations. The report shall answer the question listed below.

(1)

What is the recommendation of the PAC?

(I)

Summary. The report shall answer the questions listed below.

(1)

What are the principal issues involved in recommending action on this application?

(2)

How do these issues relate to the applicable Standards for Zoning Changes?

(J)

Recommendations. The report shall answer the questions listed below.

(1)

What is the recommendation of the Planning Director?

(2)

What are any conditions of approval that might be imposed to mitigate adverse consequences of the zoning change?