A BILL FOR AN ORDINANCE ADOPTING A ZONE AMENDMENT AND COMPREHENSIVE PLAN MAP CHANGE FOR 13S01W0600422

ORDINANCE BILL NO. 1 FOR 2019

ORDINANCE NO. 19-01

WHEREAS, the City Council, pursuant to the provisions of the Sodaville Zoning Ordinance, after appropriate notice given, has conducted a hearing to take testimony, hear arguments and to consider all of the evidence concerning a Zone Amendment of Public to Residential, and Comprehensive Plan Map change of Public to Residential for 13S01W0600422, City Planning File 19-01, such hearing being conducted on May 23, 2019, and

WHEREAS, the City Council has considered all relevant evidence and deliberated.

NOW, THEREFORE, the City of Sodaville ordains as follows:

SECTION 1. In addition to the findings referred to above, the City Council does hereby adopt and find those matters contained in Exhibits "A & B" which is incorporated herein by this reference as if fully set forth at this point.

Section 2. Based upon the findings adopted herein, the City hereby adopts the ZONE AMENDMENT AND COMPREHENSIVE PLAN MAP CHANGE FOR 13S01W0600422 from Public to Residential as specified in Exhibits "B" & "C", which are Incorporated herein by this reference as fully set forth at this point.

Passed by the Sodaville City Council by a vote of 5 for and 0 against and approved by the Mayor this 23rd day of May, 2019.

Suzie Hibbert

Mayor

Attested:

Judy Smith

City Clerk/Recorder

EXHIBIT "B"

ZONE AMENDMENT AND COMPREHENSIVE PLAN MAP CHANGE REGARDING LOT # 13S01W0600422

Staff Report:

Attached as part of Exhibit "B" is the Application, Lot Map and a drawing of the proposed uses on lot 13S01W0600422.

A. Zoning Amendment and Comprehensive Plan Map Change

This requires a hearing before the Council (Code Section 3.107). The are no decision criteria, but the need for residential development supersedes the need to retain public land in the City of Sodaville. This will include a change to the Comprehensive Plan amp. A FORM 1 notice to the DLVD and was submitted at least 35 days prior to the initial hearing. Again, given the small area and change, I do not see this as an issues.

Judy K. Smith

City Administrator

EXHIBIT "C"

SODAVILLE CITY COUNCIL FINDINGS

Planning File No. 19-01

I. NATURE OF THE APPLICATION

This matter comes before the Sodaville City Council on the application of Ashely and Floyd Jones requesting a Zoning Amendment.

II. BACKGROUND INFORMATION

An application has been made requesting a Zoning Amendment to lot 13S01W0600422, effectively changing the Zone from Public to Residential allowing a single family residence to be built. Specific language is contained in the attached Ordinance Exhibit "A."

III. PUBLIC HEARING

City Council Action

A public hearing was held on this application before the Sodaville City Council on May 23, 2019. At that hearing, City Planning File 19-01 was made a part of the record. Notice was provided consistent with the requirements in the Sodaville Zoning Ordinance. No objection was raised as to jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing.

At the conclusion of the hearing, the City Council deliberated on the issue and voted to adopt the proposed Zoning Amendment with a Comprehensive Plan Map change. The Council found the proposed changes consistent with the applicable decision criteria.

IV. FINDINGS OF FACT - GENERAL

The Sodaville City Council, after careful consideration of the testimony and evidence in the record, adopts the following General Findings of Fact:

A. The applicant is Ashely & Floyd Jones.

B. The City wishes to adopt a Zoning Amendment and Comprehensive Plan Map change effectively allowing a zone change to lot 13S01W0600422, from Public to Residential. Specific language is contained in the attached Ordinance Exhibit "A."

C. The decision to approve or deny shall be based on the criteria contained in the Sodaville Zoning Ordinance.