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Thread: Local body as applicant

  1. #1
    Cyburbian fringe's avatar
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    Local body as applicant

    I know this is likely best put to our own lawyer, but how does the local body (City)go about rezoning a parcel it has bought from a private party?

    Change from residential to "government".

    I'm thinking ordinary application w/ mayor or clerk as applicant?

  2. #2
    NIMBY asshatterer Plus Richmond Jake's avatar
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    How about a staff initiated amendment? It's done all the time.

  3. #3
    Cyburbian Tide's avatar
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    You could also have the mayor or a council person propose the zoning amendment and have it go through the normal channels at council level.

  4. #4
    Cyburbian mike gurnee's avatar
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    The city owns the land. The city would be the applicant. The governing by resolution would authorize the clerk to file a petition.

  5. #5
    Cyburbian ursus's avatar
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    Yeah, we do this kind of thing all the time. Just to keep things "straight" I usually fill out (or ask the public works director if it's related to his machinations, etc.) to fill out the appropriate applications and start a file like I would on any project. Then I just treat the city as the client/applicant and go for it.
    "...I would never try to tick Hink off. He kinda intimidates me. He's quite butch, you know." - Maister

  6. #6
    Cyburbian jswanek's avatar
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    .

    We actually exempt ourselves from the Zoning Code, which I recommend ONLY if you modify your NEPA policy to properly identify that ANY decision of ANY kind on your own property then becomes inherently discretionary rather than ministerial, since you always have the option of NOT making said decision, and is thus subject to a NEPA assessment.

    .

  7. #7
    Cyburbian fringe's avatar
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    Thanks for the ready answers to my nuts and bolts questions. Like the Maori shaman in the film "Whalerider" I am but a fledgling new to flight.

  8. #8
    Cyburbian
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    Calgary, Alberta, Canada
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    We do city initiated rezonings all the time - it started out mainly to correct errors in the land use transition to our new land use bylaw. But when our policy department has done new policy plans for areas - they often provide a recommendation attached the report to council (with the policy) that staff initiate the appropriate rezonings to implement the policy.

    In your case; your city should be able to be the applicant without much problem. Just need to make sure that you follow your public participation/community consultation process to the letter and are really careful you don't give yourself (the city) and advantage over any other application.

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