Sec. 33-423. - Amending the walkable places plan.
(a) An amendment to add, reclassify, or remove a street segment in the walkable places plan shall be made in accordance with the requirements of this division and related policies adopted by the commission, and may only be initiated by:
(1) The planning official on behalf of the city; or
(2) A signed petition, in the form prescribed by the planning official, of property owners representing at least fifty percent of the total linear street frontage along each street segment included in the proposed amendment.
(b) Prior to filing a petition to amend the walkable places plan under subsection (a)(2) of this section, a representative of the petitioners shall meet with the planning official. The planning official shall conduct a preliminary review of the proposed amendment, advise the representative of the amendment process, and may give preliminary comments on the merits of the proposed amendment or potential alternative amendments. The planning official may also advise the representative of deficiencies that would prevent the petition from moving forward for consideration.
(c) Except as provided in subsection (d) below, the planning official shall hold at least one informational meeting prior to consideration by the commission of an amendment to the walkable places plan to inform the community about the proposed amendment to the WPP and the amendment process, as well as provide an opportunity for public comments on the proposed amendment for the planning official to review and consider prior to making a recommendation on the proposed amendment to the commission. The informational meeting shall be open to the public and held within the vicinity of the street segment under consideration with the proposed amendment, subject to the availability of an appropriate venue. If the planning official determines no appropriate venue can be secured, the planning official may establish an alternate reasonably accessible venue.
(d) Unless requested by the petitioners, an informational meeting shall not be required for a petition by property owners representing 100% of the total linear street frontage along the street segment(s) included in the proposed amendment.
(e) The commission shall hold at least one public hearing on the proposed walkable places plan amendment. Upon the close of the public hearing, the commission shall consider public comments, support and opposition from property owners along the proposed walkable places street, and the recommendation of the planning official and determine whether the proposed WPP furthers the objectives and intent of this division. The commission shall vote to recommend the adoption of the proposed WPP to city council with or without modifications, refer the proposed WPP back to the planning official for further study and evaluation, defer consideration of the proposed WPP to a future meeting, or disapprove the proposed WPP.
(f) The affirmative recommendation of the commission on the walkable places plan will be forwarded to city council.
(g) Following placement of the commission's recommended walkable places plan on an agenda, city council may consider the commission's recommendation and shall vote to approve the recommendation of the commission, defer the recommendation to another meeting, disapprove the recommendation of the commission, refer the WPP back to the administration or commission for further consideration, or deny the amendment.
(h) If the commission votes to disapprove a petition amendment and not forward it to city council, or if the city council votes to deny a petition amendment, any street segment included within the petition amendment will be ineligible for inclusion in a new petition for a period of five years from the date of the final action by commission or city council as applicable. The planning official may allow an ineligible street segment to be included in a new petition upon receipt of new information unknown at the time of the prior petition or substantially changed circumstances that the planning official determines warrants the inclusion of the street segment in a new petition amendment.
(Ord. No. 2020-684, § 2(Exh. A), 8-5-2020)