Fill - Free fillable CITY OF WHITEWATER PETITION FOR CHANGE OR AMENDMENT (City of Whitewater) PDF form

CITY OF WHITEWATER

PETITION FOR CHANGE OR AMENDMENT OF ZONING

Whenever the public necessity, convenience, general welfare or good zoning practice require, the City

Council may, by Ordinance, change the district boundaries or amend, change or supplement the

regulations established by the Zoning Ordinance.

A change or amendment may be initiated by the City Council, the Plan Commission, or by a Petition of

one or more of the owners, lessees, or authorized agents of the property within the area proposed to be

changed.

PROCEDURE

1. File the Petition with the City Clerk. Filed on .

2. Class 2 Notices published in Official Newspaper on & _ .

3. Notices of Public Hearing mailed to property owners on .

4. Plan Commission holds PUBLIC HEARING on .

They will hear comments of the Petitioner and comments of property owners. Comments may be

made either in person or in writing.

5. At the conclusion of the Public Hearing, the Plan Commission makes a decision on the

recommendation they will make to the City Council.

6. City Council consideration of the Plan Commission’s recommendation and final decision on

adoption of the ordinance making the change.

7. The Ordinance is effective upon passage and publication as provided by law.

PLEASE COMPLETE THE FOLLOWING APPLICATION. If there is more than one applicant

for an area to be rezoned, add additional pages with the signatures of the owners, indicate their

address and the date of signature.

Refer to Chapter 19.69 of the City of Whitewater Code of Ordinances, entitled CHANGES AND

AMENDMENTS, for more information on application and protests of changes.

City of Whitewater

Application for Amendment to Zoning District or Ordinance

IDENTIFICATION AND INFORMATION ON APPLICANT(S):

Applicant’s Name:

Applicant’s Address:

Phone #

Owner of Site, according to current property tax records (as of the date of the application):

Street address of Property:

Legal Description (Name of Subdivision, Block and Lot or other Legal Description):

Agent or Representative assisting in the Application (Engineer, Architect, Attorney, etc.)

Name of Individual:

Name of Firm:

Office Address:

Name of Contractor:

Phone:

Has either the applicant or the owner had any variances issued to them on any property? YES NO

If YES, please indicate the type of variance issued and indicate whether conditions have been complied with:

EXISTING AND PROPOSED USES:

Current Zoning District or Ordinance to be Amended:

Proposed Zoning District or Ordinance

Zoning District in which Property is located:

Section of City Zoning Ordinance that identifies the proposed land use in the Zoning District in which the property is

located:

PLANS TO ACCOMPANY APPLICATION

Applications for permits shall be accompanied by drawings of the proposed work, drawn to scale, showing,

when necessary, floor plans, sections, elevations, structural details. Computations and stress diagrams as the

building official may require.

PLOT PLAN

When required by the building official, there shall be submitted a plot plan in a form and size designated by the

building official for filing permanently with the permit record, drawn to scale, with all dimension figures,

showing accurately the size and exact location of all proposed new construction and the relation to other

existing or proposed buildings or structures on the same lot, and other buildings or structures on adjoining

property within 15 feet of the property lines. In the case of demolition, the plot plan shall show the buildings or

structures to be demolished and the buildings or structures on the same lot that are to remain.

STANDARDS

STANDARD

APPLICANT’S EXPLANATION

A. The proposed amendment for

future structure, addition,

alteration or use will meet

the minimum standards of

this title for the district being

proposed;

B. The Proposed development

will be consistent with the

adopted city master plan;

C. The proposed development

will be compatible with and

preserve the important

natural features of the site;

D. The proposed use will not

create a nuisance for

neighboring uses, or unduly

reduce the values of an

adjoining property;

STANDARD

APPLICANT’S EXPLANATION

E. The proposed development

will not create traffic

circulation or parking

problems;

F. The mass, volume,

architectural features,

materials and/or setback of

proposed structures,

additions or alterations will

appear to be compatible with

existing buildings in the

immediate area;

G. Landmark structures on the

National Register of Historic

Places will be recognized as

products of their own time.

Alterations which have no

historical basis will not be

permitted;

H. The proposed structure,

addition or alteration will

not substantially reduce the

availability of sunlight or

solar access on adjoining

properties.

CONDITIONS

The city of Whitewater Zoning Ordinance authorizes the Plan Commission to hold a public hearing

and make recommendation to the City Council for the proposed changes (Section 19.69).

Applicant’s Signature Date

APPLICATION FEES:

Fee for Amendment to Zoning or Ordinance: $200

Date Application Fee Received by City

Receipt No.

Received by

TO BE COMPLETED BY CODE

ENFORCEMENT/ZONING

OFFICE:

Date notice sent to owners of record of opposite & abutting properties:

Date set for public review before Plan & Architectural Review Board:

ACTION TAKEN:

Public Hearing:

Recommendation

Not Recommended by Plan & Architectural Review

Commission

CONDITIONS PLACED UPON PERMIT BY PLAN AND ARCHITECTURAL REVIEW

COMMISSION:

Signature of Plan Commission Chairman Date

click to sign

signature

click to edit

click to sign

signature

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Tips for Minimizing Your

Development Review Costs:

A Guide for Applicants

The City of Whitewater assigns its consultant costs associated with reviewing development proposals to the

applicant requesting development approval. These costs can vary based on a number of factors. Many of these

factors can at least be partially controlled by the applicant for development review. The City recognizes that

we are in a time when the need to control costs is at the forefront of everyone’s minds. The following guide is

intended to assist applicants for City development approvals understand what they can do to manage and

minimize the costs associated with review of their applications. The tips included in this guide will almost

always result in a less costly and quicker review of an application.

Meet with Neighborhoods Services Department before submitting an

application

If you are planning on submitting an application for development review, one of the first things you should do is

have a discussion with the City’s Neighborhood Services Department. This can be accomplished either by

dropping by the Neighborhood Services Department counter at City Hall, or by making an appointment with the

Neighborhood Services Director. Before you make significant investments in your project, the Department can

help you understand the feasibility of your proposal, what City plans and ordinances will apply, what type of

review process will be required, and how to prepare a complete application.

Submit a complete and thorough application

One of the most important things you can do to make your review process less costly to you is to submit a

complete, thorough, and well-organized application in accordance with City ordinance requirements. The City

has checklists to help you make sure your application is complete. To help you prepare an application that has

the right level of detail and information, assume that the people reviewing the application have never seen

your property before, have no prior understanding of what you are proposing, and don’t necessarily

understand the reasons for your request.

For more complex or technical types of projects, strongly consider working

with an experienced professional to help prepare your plans

Experienced professional engineers, land planners, architects, surveyors and landscape architects should be

quite familiar with standard development review processes and expectations. They are also generally capable

of preparing high-quality plans that will ultimately require less time (i.e., less cost for you) for the City’s

planning and engineering consultants to review, saving you money in the long run. Any project that includes

significant site grading, stormwater management, or utility work; significant landscaping; or significant building

remodeling or expansion generally requires professionals in the associated fields to help out.

For simpler projects, submit thorough, legible, and accurate plans

For less complicated proposals, it is certainly acceptable to prepare plans yourself rather than paying to have

them prepared by a professional. However, keep in mind that even though the project may be less complex,

the City’s staff and planning consultant still need to ensure that your proposal meets all City requirements.

Therefore, such plans must be prepared with care. Regardless of the complexity, all site, building, and floor

plans should:

1. Be drawn to a recognized scale and indicate what the scale is (e.g., 1 inch = 40 feet).

2. Include titles and dates on all submitted documents in case pieces of your application get

separated.

3. Include clear and legible labels that identify streets, existing and proposed buildings,

parking areas, and other site improvements.

4. Indicate what the property and improvements look like today versus what is being

proposed for the future.

5. Accurately represent and label the dimensions of all lot lines, setbacks, pavement/parking

areas, building heights, and any other pertinent project features.

6. Indicate the colors and materials of all existing and proposed site/building improvements.

Including color photos with your application is one inexpensive and accurate way to show

the current condition of the site. Color catalog pages or paint chips can be included to

show the appearance of proposed signs, light fixtures, fences, retaining walls, landscaping

features, building materials, or other similar improvements.

Submit your application well in advance of the Plan and Architectural Review

Commission meeting

The City normally requires that a complete application be submitted four weeks in advance of the Commission

meeting when it will be considered. For simple submittals not requiring a public hearing, this may be reduced

to two weeks in advance. The further in advance you can submit your application, the better for you and

everyone involved in reviewing the project. Additional review time may give the City’s planning consultant and

staff an opportunity to communicate with you about potential issues with your project or application and allow

you time to efficiently address those issues before the Plan and Architectural Review Commission meeting. Be

sure to provide reliable contact information on your application form and be available to respond to such

questions or requests in a timely manner.

For more complex projects, submit your project for conceptual review

A conceptual review can be accomplished in several ways depending on the nature of your project and your

desired outcomes.

1. Preliminary plans may be submitted to City staff and the planning consultant for a quick,

informal review. This will allow you to gauge initial reactions to your proposal and help you

identify key issues;

2. You may request a sit-down meeting with the Neighborhood Services Director and/or

Planning consultant to review and more thoroughly discuss your proposal; and/or

3. You can ask to be placed on a Plan and Architectural Review Commission meeting

agenda to present and discuss preliminary plans with the Commission and gauge its

reaction before formally submitting your development review application.

Overall, conceptual reviews almost always save time, money, stress, and frustration in the long run for

everyone involved. For this reason, the City will absorb up to $200 in consultant review costs for conceptual

review of each project.

Hold a neighborhood meeting for larger and potentially more controversial

Projects

If you believe your project falls into one or both of these two categories (City staff can help you decide), one

way to help the formal development review process go more smoothly is to host a meeting for the neighbors

and any other interested members of the community. This would happen before any Plan and Architectural

Review Commission meeting and often before you even submit a formal development review application.

A neighborhood meeting will give you an opportunity to describe your proposal, respond to questions and

concerns, and generally address issues in an environment that is less formal and potentially less emotional than

a Plan and Architectural Review Commission meeting. Neighborhood meetings can help you build support for

your project, understand others’ perspectives on your proposals, clarify misunderstandings, and modify the

project and alleviate public concerns before the Plan and Architectural Review Commission meetings. Please

notify the City Neighborhood Services Director of your neighborhood meeting date, time, and place; make sure

all neighbors are fully aware (City staff can provide you a mailing list at no charge); and document the outcomes

of the meeting to include with your application.

Typical City Planning Consultant

Development Review Costs

The City often utilizes assistance from a planning consultant to analyze requests for land

development approvals against City plans and ordinances and assist the City’s Plan and Architectural Review

Commission and City Council on decision making. Because it is the applicant who is generating the need for the

service, the City’s policy is to assign most consultant costs associated with such review to the applicant, as

opposed to asking general taxpayer to cover these costs.

The development review costs provided below represent the planning consultant’s range of costs associated

with each particular type of development review. This usually involves some initial analysis of the application

well before the public meeting date, communication with the applicant at that time if there are key issues to

resolve before the meeting, further analysis and preparation of a written report the week before the meeting,

meeting attendance, and sometimes minor follow-up after the meeting. Costs vary depending on a wide range

of factors, including the type of application, completeness and clarity of the development application, the size

and complexity of the proposed development, the degree of cooperation from the applicant for further

information, and the level of community interest. The City has a guide called “Tips for Minimizing Your

Development Review Costs” with information on how the applicant can help control costs.

Type of Development Review Being Requested

Planning Consultant

Review

Cost

Range

Minor Site/Building Plan (e.g., minor addition to building, parking lot

expansion, small apartment, downtown building

alterations)

When land use is a permitted use in the zoning district, and for minor

downtown building alterations

Up to $600

When use also requires a conditional use permit, and for major

downtown building alterations

$700 to $1,500

Major Site/Building Plan (e.g., new gas station/convenience store, new

restaurant, supermarket, larger apartments, industrial

building)

When land use is a permitted use in the zoning district

$700 to $2,000

When land use also requires a conditional use permit

$1,600 to $12,000

Conditional Use Permit with no Site Plan Review (e.g., home

occupation, sale of liquor request, substitution of use in

existing building)

$up to $600

Rezoning

andard (not PCD) zoning district

$400 to $2,000

nned Community Development zoning district, assuming complete GDP

& SIP application submitted at same time

$2,100 to $12,000

Land Division

d Survey Map

Up to $300

nary Subdivision Plat

$1,500 to $3,000

lat (does not include any development agreement time)

$500 to $1,500

Annexation

$200 to $400

Note on Potential Additional Review Costs: The City also retains a separate engineering consultant,

who is typically involved in larger projects requiring stormwater management plans, major utility work,

or complex parking or road access plans. Engineering costs are not included above, but will also be

assigned to the development review applicant. The consultant planner and engineer closely coordinate

their reviews to control costs.

Cost Recovery Certificate

and Agreement

The City may retain the services of professional consultants (including planners, engineers, architects, attorneys,

environmental specialists, and recreation specialists) to assist in the City’s review of an application for

development review coming before the Plan and Architectural Review Commission, Board of Zoning Appeals,

and/or Common Council. In fact, most applications require some level of review by the City’s planning

consultant. City of Whitewater staff shall retain sole discretion in determining when and to what extent it is

necessary to involve a professional consultant in the review of an application.

The submittal of an application or petition for development review by an applicant shall be construed as an

agreement to pay for such professional review services associated with the application or petition. The City

may apply the charges for these services to the applicant and/or property owner in accordance with this

agreement. The City may delay acceptance of an application or petition (considering it incomplete), or may

delay final action or approval of the associated proposal, until the applicant pays such fees or the specified

percentage thereof. Development review fees that are assigned to the applicant, but that are not actually paid,

may then be imposed by the City as a special charge on the affected property.

Section A: Background

Information

------------------------ To be filled out by the Applicant/Property Owner ------------------------

Applicant’s Information:

Name of Applicant:

Applicant’s Mailing Address:

Applicant’s Phone Number:

Applicant’s Email Address:

Project Information:

Name/Description of Development:

Address of Development Site:

Tax Key Number(s) of Site:

Property Owner Information (if different from applicant):

Name of Property Owner:

Property Owner’s Mailing Address:

Date of Signature

Section B: Applicant/Property Owner Cost

Obligations

------------------------ To be filled out by the City’s Neighborhood Services Director ------------------------

Under this agreement, the applicant shall be responsible for the costs indicated below. In the event the

applicant fails to pay such costs, the responsibility shall pass to the property owner, if different.

Costs may exceed those agreed to herein only by mutual agreement of the applicant, property

owner, and City. If and when the City believes that actual costs incurred will exceed those listed

below, for reasons not anticipated at the time of application or under the control of the City

administration or consultants, the Neighborhood Services Director or his agent shall notify the

applicant and property owner for their approval to exceed such initially agreed costs. If the

applicant and property owner do not approve such additional costs, the City may, as permitted

by law, consider the application withdrawn and/or suspend or terminate further review and

consideration of the development application. In such case, the applicant and property owner

shall be responsible for all consultant costs incurred up until that time.

A. Application Fee.................................................................................................................$

B. Expected Planning Consultant Review Cost ....................................................................$

C. Total Cost Expected of Applicant (A+B) .........................................................................$

D. 25% of Total Cost, Due at Time of Application...............................................................$

E. Project Likely to Incur Additional Engineering or Other Consultant Review Costs? < Yes < No

The balance of the applicant’s costs, not due at time of application, shall be payable upon applicant receipt of

one or more itemized invoices from the City. If the application fee plus actual planning and

engineering

consultant review costs end up being less than the 25% charged to the applicant at the time of application,

the City shall refund the difference to the applicant.

Section C: Agreement

Execution

------------------------ To be filled out by the Applicant and Property Owner ------------------------

The undersigned applicant and property owner agree to reimburse the City for all costs directly or indirectly

associated with the consideration of the applicant’s proposal as indicated in this agreement,

with 25% of such costs payable at the time of application and the remainder of such costs

payable upon receipt of one or more invoices from the City following the execution of

development review services associated with the application.

Signature of Applicant/Petitioner Signature of Property Owner (if different)

Printed Name of Applicant/Petitioner Printed Name of Property Owner (if different)

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