Ordinance 2046-95 - Laserfiche WebLink

An amendment may be granted upon the request of the owner or owners of a parcel created by and subject to a recorded Binding Site Plan. Upon review of such a request, the Planning and Community Development Director and the City Engineer may amend or rescind all or a portion of the Binding Site Plan subject to whatever conditions are necessary or appropriate, in the judgment of the Planning and Community Development Director and the City Engineer, to ensure that any portion of the land originally subject to the Binding Site Plan that has already been developed will not be unduly affected. In making this determination, the Planning and Community Development Director and the City Engineer may consider all issues that could have been considered in connection with the approval of the Binding Site Plan of the property for which the approval was granted. These issues may include, without limitation, traffic, access, utility service, compliance with existing zoning requirements, provision of open space and recreational facilities, and protection of environmentally sensitive and critical areas. A proposed amendment may be denied whenever, in the judgment of the City, the proposed amendment would violate any of the criteria for approval of a Binding Site Plan, would conflict with the provisions of this Ordinance, or would significantly adversely impact the public health, safety and general welfare of persons who purchased property subject to the original Binding Site Plan. 3. No Consent of Adjacent Owners Required: Consent to the amendment or rescission of a portion of a Binding Site Plan by the owner or owners of a portion of the Binding Site Plan which is not directly altered by such an amendment or rescission is not required; however, in the case of an amendment directly affecting a portion other than that proposed for amendment, the applicant for such an amendment or rescission shall provide the City with names and addresses of such property owners within the original Binding Site Plan. Notice shall be provided to the property owner(s) by the City at least 10 days prior to any decision on the proposed amendment. C. Appeals 1. Appeals to Hearing Examiner for Binding Site Plans: a. An appeal of the decision relating to the Binding Site Plan shall be made to the Hearing Examiner. Such an appeal must be made in writing and filed with the office of the Hearing Examiner within ten (10) working days from the date on which the decision was rendered. b. The written appeal shall include a detailed explanation stating the reasons of the appeal. The decision of the Hearing Examiner shall be the final action unless appealed to City Council. c. Standing to appeal is limited to the following: a) the applicant or owner of the property on which the Binding Site Plan is proposed; and b) any property owner who deems himself aggrieved and will thereby suffer a direct and substantial impact from the proposed Binding Site Plan. D. Violation 1. Recording Unapproved Adjustment: The Auditor shall refuse to accept for recording any Binding Site Plan which does not bear the verification of approval as defined by this Ordinance. The 23