MapLink™ | Procedures | 12.10 - City Council Final Determination and Review Processes

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12.10 - City Council Final Determination and Review Processes
A. Intent.
This section specifies which application types require City Council review. The general City Council review process is required for all application types, and specific review processes are required per application type.
B. Application types requiring City Council review and final determination.
1. Rezonings of property.
2. Text amendment to UDO or to the Master Plan.
3. Street vacations as part of a proposed site plan.
4. Subdivision plats.
C. General City Council review process.
1. Planning Commission recommendation.
The Planning Commission shall provide to City Council a recommendation of approval or denial for an application type listed in Section B above.
2. Documentation.
A resolution and additional documentation shall be prepared by the Community and Neighborhood Services Department on behalf of the Planning Commission and provided to the City Council for consideration.
3. Multiple Council meetings. 
City Council may require a first reading of the application at a public meeting prior to a vote.
4. City Council may approve, table, or deny applications.
D. Specific review processes per application type.
1. Rezoning of a property review process. Rezoning applications may be made in combination with a site plan, PUD, or condominium application, or separately, provided that a concept plan is included in the application. The following requirements shall be met within this review process:
a. General review process requirements as specified in Sec. 39-12.05: General requirements for Administrative Staff and Planning Commission review.
b. Planning Commission review process requirements as specified in Sec. 39-12.07: Planning Commission application types and review process.
c. Planning Commission shall provide a recommendation to City Council based on the following approval criteria, which City Council shall use in its final determination:
1) The application request is aligned with the intent of UDO.
2) The application request will further the comprehensive planning goals of the City of Holland as stated in the City's most recently adopted Master Plan.
3) The application request will not result in unlawful exclusionary zoning or spot zoning.
4) The proposed zone district is consistent with the Future Land Use Map of the City's Master Plan.
5) The existing or proposed use can meet UDO standards required of the proposed zone district.
6) The proposed zone district is consistent with the trends in land development in the general vicinity of the subject property.
d. PUD planned unit development rezoning. See § 39-12.07E.1 and § 39-12.10D.2.
e. Condominium rezoning. See § 39-12.07E.1 and § 39-12.10D.2.
f. Conditional rezoning agreement. An applicant shall have the option of applying for a conditional rezoning whereby the applicant voluntarily offers certain site-specific regulations, set forth in a conditional rezoning agreement, that are equally or more limiting than the regulations that would apply to the property under the proposed zone district. Conditional rezoning agreements shall not be amendable. A conditional rezoning and agreement shall only be approved if the standards specified in § 39-12.07D.1.c are met.
2. Text or Map amendments review process.
The City Council may amend, supplement, or change any elements of UDO and the Master Plan, including, but not limited to text, graphics, photographs, and maps, pursuant to the authority and procedures set forth in the Michigan Zoning Enabling Act, P.A. 110 of 2006, and as amended, and in the Michigan Planning Enabling Act, P.A. 33 of 2008, and as amended.
3. Street vacation review process associated with a site plan.
Street vacation applications associated with a site plan shall be reviewed under the processes specified in Sec. 39-12.05: General requirements for Administrative Staff and Planning Commission review and Sec. 39-12.07: Planning Commission application types and review process and shall also follow the process specified below:
a. Notification to City departments. The Community and Neighborhood Services Department (CNS) shall notify the Transportation Services Department (TSD) and the Assessing Office (AO) of a proposed street vacation.
b. Survey. The applicant shall submit a survey and legal description of the proposed right-of-way to be vacated to CNS to disseminate to TSD and AO.
c. Assessing Office (AO) review and cost determination. The AO shall review the proposed right-of-way to be vacated and shall determine a fair market value for the subject land.
d. Transportation Services Department (TSD) review. The TSD shall review the application and determine the impact the proposed vacation is likely to have on mobility, safety, and transportation efficiency in the City. The TSD shall provide comments and a recommendation to be included in the staff report provided to the Planning Commission.
e. Community and Neighborhood Services (CNS) review. CNS shall review the application and determine the impact of the proposed street vacation on the physical development, economic vibrancy, and health, safety, and general welfare of the City, and how the proposed street vacation would impact the proposed site plan. CNS shall provide comments and a recommendation to be included in the staff report to the Planning Commission.
f. Planning Commission recommendation to City Council.
1) The Planning Commission shall review all site plans that include a street vacation per the specifications of Sec. 39-12.05: General requirements for Administrative Staff and Planning Commission review and Sec. 39-12.07: Planning Commission application types and review process, including those that would normally have been reviewed and approved administratively;
2) The street vacation review process shall conclude prior to the Planning Commission approving the site plan and recommending approval of a street vacation;
3) Site plans may be approved conditioned on City Council approval of a street vacation.
g. City Council scheduling of public hearing. The Clerk's office shall notice the City Council's street vacation public hearing in the City of Holland's newspaper of regular circulation once per week for three weeks in advance of the public hearing.
h. City Council public hearing and action. City Council shall hold the required public hearing and shall approve, approve with conditions, or deny the application. An approval shall be accompanied by a resolution of street vacation, the survey, and the legal description.
i. Financial obligations shall be coordinated with the City Attorney, the Assessing Office, and the Clerk's office.
j. Street vacation applications not associated with a site plan shall not be reviewed under UDO. Contact the Transportation Services Department directly for those.
4. Subdivision plat review process.
a. Following a recommendation from the Planning Commission, City Council shall review the preliminary plat and provide the applicant with preliminary comments per MCLA § 560.112.
b. City Council shall make a determination on the preliminary plat pursuant to MCLA § 560.120 applying the criteria of MCLA § 560.105, following intra-agency review.
c. City Council shall approve the final plat if it is unchanged from the preliminary plat and if it conforms to the provisions of the Land Division Act per MCLA § 560.167.
d. Plat amendments or divisions of a platted lot shall receive a recommendation from the Planning Commission and a final determination shall be made by City Council pursuant to MCLA §§ 560.222 through 560.229 and MCLA § 560.263 respectively.
e. Review components.
1) Subdivision plat applications shall be reviewed and a determination shall be made using the processes specified in Sec. 39-12.05: General requirements for Administrative Staff and Planning Commission review, Sec. 39-12.07: Planning Commission application types and review process and Sec. 39-12.11: Requirements after approval of site plan.
2) Preliminary and final plat plans shall comply with the site plan requirements specified in Sec. 39-12.09: Application and site plan components required and shall also include the following information:
a) Total acreage of the proposed development and the number of lots proposed.
b) Exact boundary lines of the development by bearings and distances with such measurements tied into an existing reference point and the boundaries of contiguous properties.
c) Location, widths, and names of all existing or previously platted but unimproved streets, or other rights-of-way, parks, and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the proposed development and to a distance of 100 feet beyond the tract.
d) Location and size of existing sewers, water mains, culverts, or other underground facilities within the proposed development and to a distance of 100 feet beyond the proposed subdivision plat; also indicate such data as grade invert elevations, and locations of catch basins, manholes, and hydrants.
e) A vicinity map drawn at a scale of one inch equals 600 feet, showing boundary lines of adjoining developed and undeveloped properties within an area bounded by the nearest arterial streets or other natural boundaries, identifying the type of use and ownership of surrounding land, and showing alignments of existing streets.
Application Materials
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