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Zoning Ordinance Amendment Staff Report Apri1.98, 2023 <br />Gem Lake City Council Page 4 <br />4} Beyond a public need being. evident, theapplication shall show that the public interest would be <br />best served by rezoning the property in .question and that the property in question is the best <br />qualified to serve said public.need; or <br />5) In the case -of "down. zoning" which would diminish the intensity of the current use to a less <br />intensive use; the proposed zoning shall allow the property owners at reasonable use.of their <br />property under the terms of this ordinance as. well as serve the public interest. <br />The applicant's request is not related to -a request to change the Comprehensive. Plan, so condition. 2 <br />would not apply. The request is not.a:change in zoning designation. Rezoning}, so condition 4 does not <br />apply either. Condition.5 does not apply, as the request is not a 'downzoning'. The Comprehensive Plan <br />includes goals for a 'high -quality man made environment for new and. redevelopment.pro;ects (Chapter <br />Four), -as wail as policies regarding having high 'Aesthetic considerations for new and existing <br />construction' through the io.ning ordinance,. but: ensuring standards do n.ot.'be so restrictive that they stifle <br />the creativity and individuality of planners and designers, or place an unreasonable financial burden on <br />the property owner' (Chapter Five). These. proposed amendments by the applicantcould be considered <br />making thecity's zoning consistent with meeting the goals and policies. of. the Comprehensive Plan <br />relating to standards and quality of development,.and thus would satisfy condition 1. <br />The City Council should consider the potential impacts and consequences of the proposed:ainenclinentr <br />we how the request. may impact the character.and development of :certain neighborhoods, haw the <br />request may impact other requirements, and how the request fits with the Comprehensive Plan. Section <br />I. 7.0:4(8) includes the. following .criteria for the: Planning Commission and City Council to consider to help <br />in review of amendment requests: <br />1 } Adjacent Uses <br />2) Air and Water Quality <br />3} Traffic Generations <br />4). Public Safety and Health <br />5} Area Aesthetics. <br />s} Economic impact on Then Entire Area <br />7} Consistency with the Comprehensive Municipal Plan <br />Ordinance Amendment Criteria <br />Below is the.: Planner's findings in regards to the: criteria for this request, with the :criteria in italics. The <br />Council should discuss the criteria for amending the ordinance; and what findings .there are :foreach, The <br />findings for the criteria.can serve.as the basis for a recommendation to approve or deny the request. The <br />Planning Commissioners concurred with the findings as presented by the Planner. <br />Conditions for zoning amendments, per Section 17.6.4(A): <br />• A mistake. has been made in the original zoning which was. inconsistent with the Comprehensive <br />Municipal Plan adopted by the City which should now be corrected. <br />The zoning ordinances for the city should always be reviewed for consistency with the goals.and <br />policies of the. Comprehensive Plan,. as the zoning ordinance is one of the: primary tools used to <br />implement the Plan. The recently adopted 2040 Plan identifies that the .city only has one <br />institutional use, WBMS, which would not change as a part of the requested amendment. The <br />2040 Plan discusses goals relating to new and redevelopment of land, ensuring that development <br />is held to a High standard, but not too high. of a standard to prohibit creative use and development <br />of land. The proposed changes would appear to allow for changes to occur to the WBMS while <br />still including performance standards that result in high -quality aesthetics and design. <br />