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Ordinance amending portions of Section 24.16 of the Wauwatosa Municipal Code providing that zoning-related public hearings shall be held by the Common Council in advance of introduction at Plan Commission
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The common council of the City of Wauwatosa do ordain as follows:
Part I. The text of subsection 24.16.020 of the Wauwatosa Municipal Code of Ordinances is hereby amended to read in its entirety as follows:
A. Authority to Initiate. Amendments to the text of this zoning ordinance may be initiated by the common council or the plan commission, or following the filing of an application with the zoning administrator.
B. Public Hearing and Notice of Hearing. Upon receiving a completed application for a Zoning Ordinance Text Amendment, planning staff shall schedule a public hearing before the common council and prepare appropriate notice and publications. Class 2 notice of the common council's required public hearing on a zoning ordinance text amendment must be published in accordance with chapter 985 of the Wisconsin Statutes.
C. Plan Commission Recommendation. Following the required public hearing before the common council, proposed zoning ordinance text amendments must be referred to the plan commission. Following their review of the proposed text amendment, the plan commission must act by simple majority vote of those members present and voting to recommend that the proposed text amendment be approved, approved with modifications, or denied. The plan commission's recommendation must be transmitted to the common council.
D. Common Council Consideration and Decision.
1. Upon receipt of recommendations from the plan commission, the common council may act to approve, approve with modifications or deny the proposed text amendment. If the plan commission's recommendation has not been forwarded to the common council within 60 days of referral of the proposed text amendment to the plan commission, the common council may take action without receipt of the recommendation.
2. Final action on a zoning ordinance text amendment by the common council requires a simple majority vote of those members present and voting.
E. Review Criteria and Standards. Zoning ordinance text amendments are legislative decisions of the common council based on their consideration of the public, health, safety and general welfare.
Part II. The text of subsections 24.16.030.C. through 24.16.030.E. of the Wauwatosa Municipal Code of Ordinances is hereby amended to read in its entirety as follows:
C. Public Hearing and Notice of Hearing.
1. Upon receipt of a completed application for a Zoning Map Amendment, planning staff shall schedule a public hearing before the common council and prepare appropriate notices and publications. Class 2 notice of the common council's required public hearing on a zoning map amendment must be published in accordance with chapter 985 of the Wisconsin Statutes.
2. Notice must be mailed to all of the following at least 7 days before the common council's required public hearing:
a. the subject property owner;
b. all owners and occupants (when data available) of property within 300 feet of the subject property; and
c. the clerk of any municipality with corporate limits that abut the subject property.
3. The applicant must post signage in a format provided by the city in a prominent location on the development site for the duration of the approval process.
D. Plan Commission Recommendation. Following the required public hearing before the common council, proposed zoning map amendments must be referred to the plan commission. Following review of the proposed zoning map amendment, the plan commission must act by simple majority vote of those members present and voting to recommend that the proposed zoning map amendment be approved, approved with modifications, or denied. The plan commission's recommendation must be transmitted to the common council.
E. Common Council Hearing and Decision.
a. Upon receipt of recommendations from the plan commission, the common council may act to approve, approve with modifications (e.g., reducing the land area involved in the rezoning or recommending another less intensive zoning classification) or deny the proposed zoning map amendment. If plan commission recommendation has not been forwarded to the common council within 60 days of referral of the proposed zoning map amendment to the plan commission, the common council may and take action without receipt of the recommendation.
b. Final action on a zoning map amendment by the common council requires a simple majority vote of those members present and voting, except when a valid protest petition is filed with the city clerk before the date of the meeting that the common council takes final action on the amendment, approval of the zoning map amendment requires at least a 60% majority vote of those common council members present and voting.
Part III. The text of subsections 24.16.040.C. through 24.16.040.E. of the Wauwatosa Municipal Code of Ordinances is hereby amended to read in its entirety as follows:
C. Application Filing. Conditional use permit applications must be filed with the zoning administrator. Upon receipt of the application and a completeness determination, the zoning administrator shall schedule the public hearing before the common council and coordinate the required notices.
D. Notice of Hearing. The common council must hold a hearing on all conditional use permits.
1. Notice of the common council's required hearing must be mailed to all owners and occupants (when data available) of property within 200 feet of the subject property at least 7 days before the hearing.
2. Class 2 notice of the common council's required public hearing on a conditional use permit must be published in accordance with chapter 62.23 (dm) of the Wisconsin Statutes.
3. The applicant must post signage in a format provided by the city in a prominent location on the development site for the duration of the approval process.
E. Plan Commission Recommendation. Following the close of the public hearing before the common council, proposed conditional use permits must be referred to the plan commission. The plan commission must act by simple majority vote of those members present and voting to recommend that the conditional use permit be approved, approved with modifications, or denied. The plan commission's recommendation must be transmitted to the common council.
Part IV. The text of subsections 24.16.050.C.(intro) through 24.16.050.C.6. of the Wauwatosa Municipal Code of Ordinances is hereby amended to read in its entirety as follows:
C. Preliminary Development Plans. At the option of the applicant, the preliminary development plan may serve also as the preliminary subdivision plat if such intention is declared before the public hearing and if the plans include all information required for preliminary plats and preliminary development plans.
1. Preapplication Meetings. Before submitting a PUD application, the applicant must schedule a meeting with the zoning administrator to discuss the proposed plan and the required process. The zoning administrator is responsible for coordinating the involvement of other relevant city departments in the preapplication meeting. The applicant must also hold a neighborhood meeting, with invitations mailed to all property owners within 200 feet of the subject property, alderpersons of the district, and the zoning administrator.
2. Application Contents. An application for a preliminary development plan must contain all items of information specified in the pre-application meeting including proof of holding a neighborhood meeting prior to application submission.
3. Application Filing. Complete applications for preliminary development plan approval must be filed with the zoning administrator at the same time that the /PUD zoning map amendment application is filed. Preliminary development plan applications may be filed only by the common council, the plan commission or by petition of an eligible applicant or an eligible applicant's authorized agent (See Section 24.16.010C.1). Upon receipt of the completed application, planning staff shall schedule a public hearing before the common council and prepare appropriate notice and publications.
4. Notice of Hearing. The common council must hold a public hearing on the proposed preliminary development plan and/or /PUD zoning map amendment.
a. Notice of the common council's public hearing must be mailed to all owners and occupants (when data available) of property within 300 feet of the subject property at least 7 days before the hearing.
b. Class 2 notice of the common council's required public hearing on a zoning map amendment must be published in accordance with chapter 985 of the Wisconsin Statutes.
c. Notice must be mailed to all of the following at least 7 days before the common council's required public hearing:
1) the subject property owner;
2) all owners and occupants (when data available) of property within 300 feet of the subject property; and
3) the clerk of any municipality with corporate limits that abut the subject property.
d. The applicant must post signage in a format provided by the city in a prominent location on the development site for the duration of the approval process.
5. Following the required public hearing before the common council, PUD preliminary development plans must be referred to the plan commission with the /PUD zoning map amendment, if such map amendment is required. Following review of the proposed zoning map amendment and/or preliminary development plan, the plan commission must act by simple majority vote of those members present and voting to recommend that the proposed zoning map amendment and/or preliminary development plan be approved, approved with modifications, or denied. The plan commission's recommendation must be transmitted to the common council.
6. Common Council Hearing and Decision.
a. Upon receipt of recommendations from the plan commission the common council may act to approve, approve with modifications (e.g., reducing the land area involved in the rezoning or recommending another less intensive zoning classification) or deny the proposed preliminary development plan and/or /PUD zoning map amendment, as required. If plan commission recommendation has not been forwarded to the common council within 60 days of referral of the proposed preliminary development plan and/or /PUD zoning map amendment to the plan commission, the common council may take action without receipt of the recommendation.
b. Final action on a /PUD zoning map amendment by the common council requires a simple majority vote of those members present and voting, except when a valid protest petition is filed with the city clerk before the date of the meeting that the common council takes final action on the amendment, approval of the zoning map amendment requires at least a 60% majority vote of those common council members present and voting.
Part V. This ordinance shall take effect on and after its dates of passage and publication.
By: Government Affairs Committee
recommendation
Recommendation: Refer to Plan Commission