SECTION 4
AMENDMENTS
Subsections:
4.04 Application for Amendment
4.07 Public Hearing by Commission on Applications
4.08 Protests Against Amendments
4.09 Reconsideration of Denied Map Amendments
4.01 Introduction
The council may from time to time amend, supplement, change or repeal the regulations, restrictions and district boundaries herein established. All amendments to this code and the district map shall be consistent with the adopted general plan, as may, from time to time, be amended, and shall be a reflection of the city’s land use planning goals. Requests to amend this code may be initiated by the council or the commission on their own motions, or by petition from property owners as in this article.
4.02 Type of Amendment
a. Text Amendment
The application for an amendment to the text of this code shall state in particular the article, section, subsection, and paragraph sought to be amended. The application for amendment shall contain the language of the proposed amendment and shall recite the reason for such proposed change in the text.
b. Map Amendment
An application which seeks to change or modify the classification imposed upon a particular piece of property by the district map.
c. An application for an amendment to the general plan land use element shall include proposed revisions of land use intensity, plans for roadways and deletions of requirements to reserve or dedicate land for public purpose and/or as otherwise specified in Section 4.09. (Ord. 04-91 § 1 (part))
4.03 Initiation of Amendment
a. The initiation of a change to the text and/or district map may be accomplished by a simple majority of the property owners of record in the area of proposed change or their authorized agents, a majority vote of the council, or majority vote of the commission.
b. Any property owner applying for change in a land use law shall execute an agreement to waive claims for diminution in value as set forth in Section 3.07. (Ord. 07-134 § 1 (part))
4.04 Application for Amendment
a. Application Form for Text Amendment
Application for amendment of the text of this code shall be made to the city on a standard form provided for this purpose. The application shall include:
1. The applicant’s name, address, and interest in the amendment;
2. The language of the proposed amendment to the code;
3. Statements in support of the application, including a list of the present conditions justifying the proposed amendment; and
4. An agreement to waive claims for diminution in value as set forth in Section 3.07 of this code.
b. Application for District Map Amendment
An application for an amendment to a district map shall include:
1. The name and address of all owners of the property for which a change is sought, together with proof of ownership. Proof of ownership shall consist of a verified application for a title policy dated not more than thirty days prior to the date of the application by a title company authorized to conduct business in the state of Arizona. In the event that the application includes other property in addition to that owned by the applicant, there shall be filed by the applicant on a city form provided therefor, a petition in favor of the request signed by the real property owners representing at least fifty-one percent of the land area to be included in the application. Such petition shall be filed and checked for authenticity of ownership before the application is accepted by the city.
In the event that the application includes properties owned by more than one owner, the city clerk shall notify, by first class mail, all property owners as listed on the county assessor’s records included in the area proposed to be changed by the application. Such notice shall be postmarked not later than fifteen days prior to any commission public hearing on the application.
2. Where the applicant represents another person, firm, partnership or corporation, proof of agency, including a listing of every real party in interest, whether a beneficiary of a trust or otherwise, shall be provided to the city.
A. If the land is owned by a corporation, proof of agency shall consist of a corporate resolution designating the individual to act as an agent. The corporate resolution must be certified by the secretary of the corporation and authenticated by the corporate seal, or acknowledged in the form prescribed by Arizona Revised Statutes § 33-506.2.
B. If the land is owned by a partnership, proof of agency shall consist of a written document of the partner(s) designating an individual to act as agent. The document must be certified and acknowledged in the form prescribed by Arizona Revised Statutes § 33-506.3.
C. If the land is owned by an individual, proof of agency shall consist of a written document designating an individual to act as agent. The document must be certified and acknowledged in the form prescribed by Arizona Revised Statutes § 33-506.1.
3. The proposed amendment to the district classification or boundary.
4. A map drawn to scale showing the existing and proposed district boundaries and an accurate legal description of the area being proposed for the amendment. If the legal description of the property is less than the entirety of a lot, block or parcel described in a recorded subdivision, then said legal description and map shall be prepared and certified by a registered surveyor licensed by the state of Arizona.
5. A vicinity ownership map drawn to scale showing all parcels in the vicinity adjacent to and surrounding the property proposed to be changed, within a radius of three hundred feet of the exterior boundaries of the property.
6. A typed or printed list containing the names and mailing addresses of the owners of parcels within a radius of three hundred feet of the boundaries as indicated in subsection (a)(5) of this section, and identified by the same number as on the vicinity ownership map. Correct zip codes must be shown for each address.
7. Statements reflecting the present conditions justifying the proposed amendment; statements showing that the parcel fulfills the criteria for establishment of the proposed district or, in the absence of ability to comply, statements as to why the presumption against the rezoning should be overcome; and any other factors or reasons in support of the proposed amendments.
8. An agreement to waive claims for diminution in value as set forth in Section 3.07 of this code. (Ord. 07-134 § 1 (part); Ord. 05-100 § 1 (part))
4.05 Citizen Review Process
a. Prior to a public hearing on any application for a rezoning of property or creation of a specific plan or issuance of a special use permit, a citizen review process complying with this subsection shall be conducted. The purpose of the citizen review process is to provide an opportunity for citizen involvement and public awareness of applications for rezoning of property, adoption of specific plans, approval of special use permits, and adoption of zoning code text amendments.
b. Applications for rezoning, specific plans and issuance of a special use permit.
1. The applicant, in coordination with the planning department, shall establish a time, date, and place for a citizen review session to provide a reasonable opportunity for the applicant, adjacent landowners, and other potentially affected citizens to discuss issues or concerns they may have with the application proposed by the applicant. Planning staff shall attend the meeting as an observer and shall not conduct the meeting. The applicant shall supply the planning department with minutes of the neighborhood meeting and a list of all individuals in attendance. The staff member in attendance shall report the results of the neighborhood meeting and a list of all individuals in attendance. The staff member in attendance shall report the results of the neighborhood meeting to the planning and zoning commission and/or city council at such time as they take action on the rezoning or specific plan or special use permit application, if any.
2. Written notice of the citizen review session shall be given at least five days prior to the meeting and shall include the time, date, and location of the citizen review meeting and sufficient details regarding the substance of the proposed rezoning or specific plan or special use permit application so as to allow citizens and other affected persons to determine how they might be affected by the proposed application.
3. The applicant shall provide to the city for mailing such notice by first class mail to: 1) each property owner within one thousand feet of the boundary of the property subject to the application; 2) all other interested parties who have requested that they be placed on a notification list maintained by the planning department; and 3) adjoining municipalities sharing borders with the property subject to the application.
4. The planning director may establish additional procedures for the citizen review process as is deemed necessary to enhance public participation.
c. Text amendments to the zoning code.
1. A citizen review session shall be held at a work-study session of the planning and zoning commission scheduled at least five days prior to the public hearing for the consideration of a proposed text amendment that imposes a regulation not previously imposed or that removes or modifies any such regulation previously imposed. Landowners and other citizens potentially affected by the proposed text amendments will be invited to gather further information regarding the proposed text amendments at the citizen review session and to express any issues or concerns they may have with the proposed text amendment.
2. Notice of the citizen review session shall be given to landowners and other citizens potentially affected by the proposed text amendments at least ten days prior to the planning and zoning commission work-study session scheduled for the citizen review of the proposed test amendments. This notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the substance of the proposed text amendment to the zoning ordinance. The form of notice to be used will vary according to the type of text amendment proposed, and any means deemed by the city to provide the appropriate method of notice for the proposed text amendment shall be considered sufficient. The form of notice given may include, but is not limited to, the following:
A. Publication in a local newspaper distributed to residents living within the city.
B. Posting at official city posting locations.
C. Posting on the city’s web site.
3. After the citizen review session, the planning and zoning commission may take all issues and concerns raised by landowners and other citizens potentially affected by the proposed text amendments at such session into account when it considers its recommendation to the city council on the proposed text amendment and shall, prior to the council’s public hearing on the proposed text amendment, report to the council the issues and concerns raised during the citizen review input and discussion session. (Ord. 05-100 § 1 (part); Ord. 03-85 § 1 (part))
4.06 Notice of Public Hearing
a. All applications for text amendments shall be considered by the commission and council at a public hearing, notice of which shall be given in accordance with provisions of the Arizona Revised Statutes.
b. 1. All applications for map amendments shall be considered by the commission and council at a public hearing, notice of which shall be given in accordance with the provisions of Arizona Revised Statutes. Additional notice shall be given in the following manner: each notice of public hearing shall be posted at City Hall, the public library and at other locations in the city that the city clerk may deem as necessary or advisable.
2. Notice of the time, date and place of hearings on map amendments shall be sent to all owners of property within one hundred fifty feet of the affected property. Unless otherwise provided, addresses for a mailed notice required by this code shall be obtained from the county’s real property tax records. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this code for notice. In addition to persons whom receive notice as required by the matter under consideration, the city may provide notice to others is it has reason to believe that they are affected or otherwise represent an interest that may be affected by the proposed development.
c. See Section 25.04(b) for special notice requirements for amendment of open space designation. (Ord. 04-91 § 1 (part); Ord. 03-85 § 1 (part); Ord. 95-30 § 1)
4.07 Public Hearing by Commission on Applications
Every application for amendment of this code shall be considered by the commission at a public hearing. See Section 25.04(a) for additional hearing requirements for amendment of open space designation.
a. Procedures
The order of proceedings for the hearing shall be as follows:
1. The chairman will state the case and call the public hearing to order. The chairman may establish the time allowed for the presentation of information.
2. Presentation of staff report.
3. Presentation of information by the applicant.
4. Presentation by public in favor of the application.
5. Presentation by public opposing the application.
6. Response of applicant to matters raised by those in opposition.
7. Response of staff to matters raised by those in opposition.
8. Questions by commissioners.
9. At the close of presentations and responses, the chairman shall declare the public hearing closed unless there is a motion to continue the public hearing. Additional written materials may be permitted at the discretion of the commission.
10. Once a hearing has been closed, it shall be reopened only upon a majority vote of the commission.
b. Criteria
Map amendments shall:
1. Be consistent with adopted plans or policies of the city.
2. Not have adverse impacts on the level of municipal or utility service to other properties.
c. Decision by Commission
1. After the public hearing, the commission shall render its decision in the form of a written recommendation to the council.
2. The recommendation shall include the reasons for the recommendation. The recommendation may include approval of a change of zone conditioned upon a schedule of development of the specific use or uses for which rezoning is requested and conditioned upon conformance with additional restrictions or requirements recommended by the commission. (Ord. 04-91 § 1 (part); Ord. 03-85 § 1 (part))
4.08 Protests Against Amendments
If the owners of twenty percent or more, (1) either of the area of the lots included in a proposed change or (2) of those immediately adjacent in the rear or any side thereof extending one hundred and fifty feet therefrom, or (3) of those directly opposite thereto extending one hundred and fifty feet from the street frontage of the opposite lots, file a written protest against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the council. If any members of the council are unable to vote on such a question because of a conflict of interest, then, the required number of votes for passage of the question shall be three-fourths of the remaining membership of the council, provided that such required number of votes for passage shall in no event be less than a majority of the full membership of the council. (Ord. 03-85 § 1 (part))
4.09 Reconsideration of Denied Map Amendments
In the event that an application for a map amendment is denied by the council or is withdrawn after the commission hearing, the commission shall not reconsider the application nor consider another application for the same map amendment of this code as it applies to the same property described in the original application or any part thereof, for a period of not less than one year from the date of such denial action. The commission may, however, after due deliberation and approval of a specific motion consider denial without prejudice leaving open the opportunity for the applicant to ask for another hearing on the matter within the one year prohibition period. In any case, if fees are required then they must be paid with each application for hearing.
a. Significance of Approval and Restoration
Approval of a map amendment constitutes authorization for the development of property under applicable regulation. Approval is valid for a period of twelve months from date. If approval expires prior to receipt of required permits and readily apparent evidence of site grading, implementation of drainage measures or installation of site infrastructure elements on the property, the council may revert the zoning designation to that which existed before the map amendment was granted.
b. Map Amendment Conditioned Upon Site Plan Approval
The council may approve a map amendment conditional upon a schedule for development of the specific use or uses for which the change is requested. Applicants requesting change under this section shall submit for consideration by the commission and council, a statement of the use or uses for which the change is requested, a specific schedule for development detailing the commencement and completion dates of the development of the proposed use and a site plan, prepared in accordance with the provisions of this code, detailing the development plan for the proposed use. The submitted items will be considered by the commission and council at public hearings in accordance with the provisions of this section. Approval of the site plan by the commission shall be conditional upon approval of the amendment by the council. The council may approve the amendment. If the council chooses to approve the amendment, approval shall be conditional upon development of the use or uses shown on the approved site plan within the period of time stated in the schedule of development. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the council may revert the zoning of the property to its former classification following notice and hearing required by A.R.S. § 9-462.01(E). (Ord. 04-91 § 1 (part); Ord. 03-85 § 1 (part))
4.10 General Plan Amendments
General plan amendments include revisions of land use intensity, plans for limited access roadways and deletion of a requirement to reserve or dedicate land for public purpose.
a. Criteria
Any of the following criteria is considered as grounds for a major general plan amendment, requiring a vote of at least two-thirds of the members of city council:
1. Change of use — Redesignation of land, ten acres or more in area and not a part of a larger, mixed-use planned development, from a residential classification to commercial or industrial use.
2. Change in intensity — Redesignation of land from one residential use classification to another residential classification of fifty percent or greater additional density or to resort residential classification.
3. Change in open space or golf course designation — Redesignation of land from open space or golf course use to another land use classification.
b. Special Study Area
Any property contained within a previously-approved master plan of development may be initiated by the property owner for consideration as, and designated by city council, in its discretion, as a special study area. Recommended adjustments to land use or development intensity in the special study area shall be processed through planning commission and city council hearings for any necessary rezoning, subdivision or site plan approval. (Ord. 04-91 § 1 (part))