HomeMy WebLinkAboutCouncil Presentation - Revising Land Development Code Ordinance 2023.005 02/21/2023Ordinance 2023.005Revising Marana Town Code,Title 17 (Land Development)
Steve Cheslak, Planning Manager
2/24/2023
Request
Revisions to Marana Town Code Title 17 (Land Development)
•Chapter 17-3 (Administration and Enforcement), Section 17-3-1 (Amendment
and Rezoning)
•Add provisions relating to a citizen review process for rezoning applications
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Arizona Revised Statutes
Title 9-Cities and Towns,Chapter 4-General Powers, Article 6.1-Municipal Zoning,
9-462.03. Amendment procedure
A.The governing body of the municipality shall adopt by ordinance a citizen review process that
applies to all rezoning and specific plan applications that require a public hearing. The citizen
review process shall include at least the following requirements:
1.Adjacent landowners and other potentially affected citizens will be notified of the application.
2.The municipality will inform adjacent landowners and other potentially affected citizens of the
substance of the proposed rezoning.
3.Adjacent landowners and other potentially affected citizens will be provided an opportunity to express
any issues or concerns that they may have with the proposed rezoning before the public hearing.
B.A zoning ordinance that changes any property from one zone to another, that imposes any
regulation not previously imposed or that removes or modifies any such regulation previously
imposed must be adopted following the procedure prescribed in the citizen review process and in
the manner set forth in section 9-462.04.3
Section 17-3-1 Existing
•Marana Town Code Title 17 (Land Development)
•Chapter 17-3 (Administration and Enforcement)
•Section 17-3-1 (Amendment and Rezoning)
A.Application
B.Rezoning
C.Procedures
D.Approval criteria
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Section 17-3-1 Revision
Proposed revision to Chapter 17-3 (Administration and Enforcement),
Section 17-3-1 (Amendment and Rezoning)
•No revisions to paragraphs A or B
•Add new paragraph “C. Citizen review process”
•No revisions to existing paragraphs C and D, re-lettered as paragraphs D and E
Effective date of July 1, 2023
•Time for revision to Town's fee schedule –add new sign costs to rezoning fee
•Time for procurement of signs
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17-3-1 Amendment and rezoning
[No revisions to paragraphs A or B]
C.Citizen review process.After submission of an application for a rezoning to the town and
before the planning commission holds a public hearing on the matter,the applicant shall
comply with the citizen review process set forth in this paragraph.
1.The applicant shall mail written notice of the application to all owners of
property located within 300 feet of the subject property and to any other
persons reasonably determined by the planning manager to be potentially
affected citizens .All distances shall be measured from the property lines of
the subject property.
a.The written notice shall provide a general explanation of the substance of the
proposed rezoning,and shall provide notice of the date,time,and location of a
neighborhood meeting to discuss the application.
b.The applicant shall mail the written notice by first class mail at least 15 days prior to
the neighborhood meeting.
2.The applicant shall hold the neighborhood meeting,noticed as provided in
subparagraph 1,a minimum of 15 days prior to the planning commission
public hearing.
Request
Request7
C.Citizen review process.(cont.)
3.Following the neighborhood meeting,the applicant shall submit to the
planning manager a meeting summary that includes:
a.Copies of the written notice required by subparagraph 1 and of the mailing list for
the notice
b.A list of the people in attendance at the meeting
c.A description of the issues that were raised and a summary of the discussion
4.The town shall post a sign on the subject property at least 15 days prior to the
planning commission public hearing.The town will ensure that the sign
complies with design standards specified by the town and is placed in a
conspicuous location.The town will incorporate the costs associated with the
sign posting into the town’s fees for rezoning applications,as set forth in the
comprehensive fee schedule approved by the council and amended from
time to time.
5.The planning manager may authorize an alternative citizen review process for
translational,non-site analysis rezonings,and other similar rezonings deemed
appropriate for the alternative process by the planning manager,as long as
the alternative process meets the requirements of A.R.S.§9-462.03.
[No revisions to existing paragraphs C and D which are re-lettered as paragraphs D and E]
Title 17 Revision
Staff recommends approval of Ordinance 2023.005,
the proposed revision to Marana Town Code, Title 17
"Land Development“
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ARS 9-462.04
Public hearing required; definition
A.If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning ordinance. Notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least fifteen days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the municipality. A posted notice shall be printed so that the following are visible from a distance of one hundred feet: the word "zoning", the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
2. In proceedings involving rezoning of land that abuts other municipalities or unincorporated areas of the county or a combination of a municipality and an unincorporated area, copies of the notice of public hearing shall be transmitted to the planning agency of the governmental unit abutting such land. In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the municipality shall send copies of the notice of public hearing by first class mail to the military airport. In addition to notice by publication, a municipality may give notice of the hearing in any other manner that the municipality deems necessary or desirable.
3. In proceedings that are not initiated by the property owner involving rezoning of land that may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned.10