EUREKA SPRINGS PLANNING COMMISSION
APPLICATION FOR REZONING OF PROPERTY
Date
_______________________
Name
of Applicant
_____________________________________________________________________
Address
______________________________________________________________________________
Phone
____________________________ Owner
_____ Tenant _____ Contractor _____ Other _____
Name
of Property Owner if different than Applicant
___________________________________________
Address
______________________________________________________________________________
Zoning
District of Property ____________ Existing use of
property_______________________________
_____________________________________________________________________________________
Proposed
Rezoning ____________________What is proposed
use?_______________________________
Reason
for rezoning request
______________________________________________________________
_____________________________________________________________________________________
At
the time of filing this application, the following exhibits must be provided to the
Planning Commission/City Clerk or designee:
_____
1. The completed application with non-refundable $75.00 fee as set by
Resolution 484
_____ 2. A copy of the warranty deed.
_____
3. A scaled (preferably surveyed) drawing of the property to be rezoned showing
accurate lot lines, surrounding zoning, immediately adjacent property owners’
names and a north arrow.
_____
4. A list of names and current addresses of all owners within 200 feet of the
property. (This information is available from Carroll County Assessor’s Office
in Berryville.)
Exhibits
to be provided before or during the public hearing:
_____
1. Proof of publication of the public notice.
_____
2. One copy of notification letter sent to surrounding property owners.
_____
3. Return receipt cards as proof of notification of surrounding property owners
at least 10 days prior to public hearing.
I certify that I have read and understand Sections
14.08.07 Sections A-I of the Eureka Springs Municipal Code (attached) which
apply to the application for which I am seeking approval. I further certify
that all of the information furnished is correct to the best of my knowledge.
_______________________________________ _______________________________
Signature
of owner if other than applicant
Applicant’s
signature
On ____________________________ the Planning
Commission scheduled a public hearing for
_____________________________________________________________________________________.
============================================================================
The Planning Commission of the City of Eureka
Springs met in ____ regular _____
special session on ______________________________ to review the above application
for rezoning.
The application was _____ approved _____ denied with _____ ayes, _____ nays and
_____ abstentions.
The application was approved with the following
conditions: _____________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
The application was denied for the following
reasons: ___________________________________
____________________________________________________________________________________________________________________________________________________________________________
__________________________________ ___________________________________
Planning
Commission Secretary Planning
Commission Chairman
Date _________________________
CITY OF EUREKA SPRINGS
MUNICIPAL CODE
CHAPTER 14.08 ZONING
DISTRICTS
14.08.07 Rezonings
A. Property owners may initiate
changes in the zoning district boundaries for property they own. The Planning
Commission and the City Council, its agents, boards, or officers may propose
changes to zoning district boundaries or any other provision of this chapter
whenever public welfare necessitates.
All
rezonings shall follow the procedures of this section.
1. Any party desiring
a change in zoning district boundaries shall pay an application fee as
determined by the city council. The fee shall be paid to the city, and shall
cover the cost of public notices and other expenses.
2. Any party desiring a change in zoning district boundaries shall
submit an application to the city providing the following:
1. The name, address and
telephone number of the record title holder of the property, the legal
description of the property, provided by a copy of the warranty deed;
2. The names, addresses and
telephone numbers of all intended grantees, if the property is subject to contract
sale or title is to be otherwise conveyed;
3. A layman's description of
the property;
4. The zoning classification
requested for the property;
5. A brief statement of the
reason for the zoning change;
6. The names, current
addresses and zoning districts of adjacent property owners (all within 200 feet
of the property in every direction) including those across streets or alleys
from the property in question;
7. A statement explaining
the intended use and explaining why the zoning change will not conflict with
surrounding land use;
8. A scaled drawing of the property to be rezoned showing accurate lot
lines, surrounding zoning, immediately adjacent property owners' names and a
north arrow;
9. Any other material or
information relevant to the application. The city may request such drawings and
other documents as may be helpful to the city's review of the application;
10. Information submitted
must be signed by the record title owner of the property, or his or her agent
identified and designated in writing by the property owner.
B. When the City Council desires to initiate
rezonings of land within the city boundaries, such proposals shall be referred
to the Planning Commission for study and recommendations. If the City Council
chooses to proceed with the rezoning, the following sections of this chapter
shall be followed by the city which shall be considered the applicant.
C. Upon
receipt of a completed application for rezoning and the required fee, the
Planning Commission shall schedule a public hearing on a proposed rezoning at
the next scheduled meeting of the Planning Commission.
The following procedures shall apply:
1. There shall be a public
notice of the hearing published at least once in a newspaper of general
circulation in the city at least 30 days before the hearing, which notice sets
forth the time and place of such hearing and the proposed rezoning. The
responsibility and cost of the public notice shall be borne by the party making
the proposal.
2. The applicant shall
notify all adjacent property owners (within 200 feet of the property lines in
every direction) by certified mail, return receipt requested, at least ten days
prior to the public hearing. All return receipts and a copy of the letter with
an affidavit of publication by the publisher shall be furnished to the Planning
Commission in care of the city prior to the public hearing.
3. The applicant shall post
at least one, or more where deemed necessary for adequate notice, conspicuous
sign or signs on the property subject to a rezoning hearing at least ten
days prior to said hearing.
Signs for this purpose shall be provided by the city, and shall note
the time and date of the public hearing. Each sign shall be no smaller than two
feet wide by three feet long and to contain the words ZONING HEARING ON THIS
PROPERTY, printed in bold block letters a minimum of three inches high with a
copy of the public notice concerning the rezoning petition to be placed on the
sign in a clear, weatherproof enclosure.
4. There shall be no hearing
without the required public notice. Notice shall not be published before the planning
commission has scheduled the public hearing.
D. Action by the Planning
Commission on rezoning.
1. The Planning Commission
shall hear the petitioner's request for rezoning at the public hearing and
shall consider the petitioner’s purposes for the rezoning request as well as
public comments.
The applicant shall be
present at the meeting for the matter to be considered. If the applicant is unable
to attend, written authorization from the applicant authorizing representation
must be presented to the commission for the matter to be considered. Any
decisions made by the designated agent shall be binding on the landowner.
2. The rezoning, as
presented or modified by the action following the public hearing, shall be
voted on by the Planning Commission. Following such vote, the Planning
Commission shall certify its recommendations to the City Council.
Should the Planning
Commission determine a lesser impacting zone would be more appropriate to meet
the purposes of the petitioner and would cause less impact on the neighboring
parties, the Planning Commission is empowered to reduce the zoning
classification requested to a different classification if the petitioner concurs,
and after consideration of comments from the public, to vote thereon without
the necessity of further publication of notice.
Any change in zoning
classification to a higher or more impacting zone would require notice be
republished and public hearing be held again.
The following factors shall be considered by the Planning Commission in
making any change:
a. Whether the proposed
change would be contrary to master, comprehensive or land use plans and would
have an adverse effect on the plans;
b. The existing land use
pattern;
c. The possible creation of
an isolated district unrelated to the adjacent and nearby districts;
d. The population density
pattern and possible increase of overtaxing of the load on public facilities
such as schools and infrastructure;
e. Whether existing district
boundaries are logically drawn in relating to existing conditions on the
property proposed for change;
f. Whether changed or
changing conditions make the passage of the proposed rezoning necessary;
g. Whether the proposed
change will adversely influence property values or living conditions in the
neighborhood;
h. Whether the proposed
change will create or excessively increase traffic congestion or otherwise
affect public safety;
i. Whether the proposed
change will create a drainage problem;
j. Whether the proposed
change will seriously reduce light and air to adjacent areas;
k. Whether the proposed
change will be a deterrent to the improvement or development of adjacent
property in accord with existing regulations;
l. Whether the proposed
change will constitute a grant of special privilege to an individual owner
instead of protecting the public welfare;
m. Whether there are
substantial reasons why the property cannot be used in accord with existing
zoning;
n. Whether the change
suggested is in harmony with the character of the neighborhood;
o. Whether it is impossible
to find other adequate sites in the city for the proposed use in districts
already permitting such use.
E. Failure of Planning Commission to act on
rezoning.
1. The Planning Commission
shall make a positive or negative recommendation to the city council within 60
days on any rezoning application properly placed before it. The application
shall be placed on the next City Council agenda for consideration by the City
Council.
2. If the Planning
Commission fails to act within this time, the applicant or other interested
party shall be entitled to have the matter placed on the agenda of the next
regular meeting of the City Council. The City Council shall assume direct
jurisdiction over the matter and shall hold all public hearings required by
this chapter or deemed in the best interest of the public.
F. Action by
the City Council on rezoning.
1. The City Council, by
majority vote, shall consider the Planning Commission's recommendation
regarding any rezoning application at the City Council's next regularly
scheduled meeting, and may by ordinance adopt the recommended rezoning
forwarded to it by the Planning Commission.
The City Council may also deny
the rezoning, impose conditions thereon, or may return the proposed rezoning to
the Planning Commission for further study and recommendation.
2. Where a rezoning is under protest by the owners of 20 percent or
more of the land within such area proposed to be altered, or by the owners of
20 percent or more of the area of lots immediately abutting the sides of the
parcel(s) included in the proposed change, or separated therefrom only by an
alley or street, such proposal shall not be passed except by the favorable vote
of three-fourths of the full membership of the City Council. (Note: for a
council of six aldermen, an ordinance requires a three-fourths vote required
five ayes to pass.)
G. Appeal of denial of rezoning. An applicant or adjacent
property owner wishing to appeal the decision of the city council may appeal
the approval or denial of a rezoning to a court of law of proper jurisdiction,
so long as the appeal is filed within 15 days of the decision by the City
Council.
H. Zoning of new land. The City Council may
classify any annexation of land to the city upon recommendation by the Planning
Commission with proper notice and procedures. Otherwise, any annexation of land
shall be classified as an agricultural district until application for rezoning
is made.
I. Re-application. Once an application for
rezoning of a property has been denied, such action cannot be reconsidered for
a period of 12 months after the original decision, except that the Planning
Commission by a three-fourths vote of the complete membership may agree to
schedule an earlier hearing in those cases where the applicant, in writing,
clearly demonstrates that:
1. Circumstances affecting
the property that is the subject of the application have substantially changed;
or
2. New information is available that could not with reasonable diligence have been presented at the previous hearing.
An application has been filed by ___________________________ to rezone the property at _____________________________________ (street address or property location) from _________________________ (current zone to new zone).
A public hearing will be held at 6 p.m. ________________________________
in the Western District Carroll County Courthouse, 44 S. Main St., by the Eureka Springs Planning Commission. Comments on the application will be heard or read aloud.
The applicant must pay for
this notice,
not the City of Eureka
Springs
Persons
publishing this notice are required to have an Affidavit/Proof of
Publication from the newspaper in time for the public hearing as part of the
application process.
SAMPLE
LETTER OF NOTIFICATION
TO: (Name) ______________________________
(Address) _____________________________
(City, State Zip Code) __________________
(Date) ____________________
Dear ________________________,
This letter is to inform you that _____________________________________ has purchased/owns the property at _____________________________________________ in Eureka Springs, Arkansas.
I/We have applied to the Planning Commission or Board of Zoning Adjustment for a (type of variance) ____________________________ variance at (street address or property location ) __________________________________________________________________.
If you wish to make comments in support or protest of this project, you may submit them in writing to: The Board of Zoning Adjustment, City Hall, 44 S. Main St., Eureka Springs, AR 72632 and/or attend the public hearing at 6 p.m. on ________________________________________________ in the Western District Carroll County Courthouse, 44 S. Main St., Eureka Springs, AR.
Sincerely,
(Your name)
____________________________________________________________________
Note: One copy of your letter of notification, the list of surrounding property owners and the return receipt cards must be presented to the Planning Commission or Board of Zoning Adjustment before or during the public hearing.