Citizen Participation Final Report
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COMPLETION OF THE FOLLOWING IS NECESSARY FOR FINAL REPORT APPROVAL
SUMMARY / FINAL REPORT
Total individuals notified:
Total Participants:
CONCERNS, ISSUES, PROBLEMS EXPRESSED
HOW CONCERNS WILL BE ADDRESSED?
CONCERNS APPLICANT IS UNWILLING TO ADDRESS
HOW THE PROPOSAL HAS BEEN REVISED TO ADDRESS CONCERNS
APPLICANT SIGNATURE AND DATE
REQUIRED ATTACHMENTS:
NOTIFICATION AREA MAP
NOTIFICATION LETTER AND SITE PLAN
ANY OTHER NOTICES, MEETING INVITATIONS, SIGN-IN SHEETS (NONE).
LIST OF PROPERTY OWNERS WITHIN NOTIFICATION AREA.
“INTERESTED PARTIES” LIST PROVIDED BY PLANNING
“ADDITIONAL NOTIFICATIONS” LIST PROVIDED BY PLANNING.
CITIZEN PARTICIPATION FINAL
REPORT
61
1
Notification letter were sent to 61 individuals that signed up on a list as "interested parties" at Planning Division
regarding all cases requiring public hearing. Interested parties were provided with a 14-day public comment
period to review the proposed text amendment and express any questions or concerns about the proposal.
When we receive concerns, staff aims to understand the issue, further explain the purpose of the text
amendment, provide examples, and make any necessary modifications to the draft text amendment.
There are not any concerns staff is unwilling to address.
No concerns regarding the text amendment arose from public comment; the proposal was not
revised.
3/12/25
HOSKINS.DUANE.SHAY.
1179050214
Digitally signed by
HOSKINS.DUANE.SHAY.1179050214
Date: 2025.03.12 15:31:06 -07'00'
CITIZEN PARTICIPATION FINAL REPORT REQUIRED ATTACHMENTS:
Notification Area Map:
The zoning text amendment proposal applies to the UDC and impacts the entire city;
therefore, a map depicting the notification area is not applicable. Notification was sent to
interested parties throughout the city.
Notification Letter and Site Plan:
Notification letters were sent to 61 interested parties that requested to be notified of all
public hearings within the city. The proposal only updates the UDC and does not involve a
development site; therefore, a site plan is not applicable.
Any Other Notices, Meeting Invitations, Sign-in Sheets:
None other than the notification letters are required.
List of Property Owners Within the Notification Area:
Not applicable.
“Interested Parties” List Provided by Planning:
Notification letters were sent to the list of “interested parties” provided by planning.
“Additional Notifications” List Provided by Planning:
Not applicable.
Citizen Participation Plan
Zoning Application Time Limits, Public Hearing Requirements,
and
Housing Needs Assessment
Citywide
ZTA24-04
January 6, 2025
ZTA24-04 – Zoning Application “Shot Clock,” Public Hearing Requirements, and
Housing Needs Assessment
Brief Description
The purpose of the Zoning Text Amendment, ZTA24-04, is to align Unified Development Code
Sections 35.6.202, 35.6.207, and Section 35.6.215 with Arizona Revised Statutes (ARS) Senate
Bill 1162 (SB1162).
SB1162 amends zoning laws in Arizona by requiring municipalities to adopt structured
residential zoning practices, implement specific timelines for zoning applications, and conduct
housing needs assessments.
The ARS SB1162 states, in its entirety:
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-462.04, Arizona Revised Statutes, is amended to read:
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.
4. In proceedings involving one or more of the following proposed changes or related
series of changes in the standards governing land uses, notice shall be provided in
the manner prescribed by paragraph 5 of this subsection:
a) A ten percent or more increase or decrease in the number of square feet or
units that may be developed.
b) A ten percent or more increase or reduction in the allowable height of
buildings.
c) An increase or reduction in the allowable number of stories of buildings.
d) A ten percent or more increase or decrease in setback or open space
requirements.
e) An increase or reduction in permitted uses.
5. In proceedings governed by paragraph 4 of this subsection, the municipality shall
provide notice to real property owners pursuant to at least one of the following
notification procedures:
a) Notice shall be sent by first class mail to each real property owner, as
shown on the last assessment, whose real property is directly governed by
the changes.
b) If the municipality issues utility bills or other mass mailings that periodically
include notices or other informational or advertising materials, the
municipality shall include notice of the changes with such utility bills or
other mailings.
c) The municipality shall publish the changes before the first hearing on such
changes in a newspaper of general circulation in the municipality. The
changes shall be published in a "display ad" covering not less than one-
eighth of a full page.
6. If notice is provided pursuant to paragraph 5, subdivision (b) or (c) of this subsection,
the municipality shall also send notice by first class mail to persons who register their
names and addresses with the municipality as being interested in receiving such
notice. The municipality may charge a fee not to exceed $5 per year for providing
this service and may adopt procedures to implement this paragraph.
7. Notwithstanding the notice requirements in paragraph 4 of this subsection, the
failure of any person or entity to receive notice does not constitute grounds for any
court to invalidate the actions of a municipality for which the notice was given.
B. If the matter to be considered applies to territory in a high noise or accident potential zone
as defined in section 28-8461, the notice prescribed in subsection A of this section shall
include a general statement that the matter applies to property located in the high noise or
accident potential zone.
C. After the hearing, the planning commission or hearing officer shall render a decision in the
form of a written recommendation to the governing body. The recommendation shall
include the reasons for the recommendation and be transmitted to the governing body in
the form and manner prescribed by the governing body.
D. If the planning commission or hearing officer has held a public hearing, the governing body
may adopt the recommendations of the planning commission or hearing officer without
holding a second public hearing if there is no objection, request for public hearing or other
protest. The governing body shall hold a public hearing if requested by the party aggrieved
or any member of the public or of the governing body, or, in any case, if a public hearing has
not been held by the planning commission or hearing officer. The governing body may
consider the testimony of any party aggrieved when making its decision. In municipalities
with territory in the vicinity of a military airport or ancillary military facility as defined in
section 28-8461, the governing body shall hold a public hearing if, after notice is transmitted
to the military airport pursuant to subsection A of this section and before the public hearing,
the military airport provides comments or analysis concerning the compatibility of the
proposed rezoning with the high noise or accident potential generated by military airport or
ancillary military facility operations that may have an adverse impact on public health and
safety, and the governing body shall consider and analyze the comments or analysis before
making a final determination. Notice of the time and place of the hearing shall be given in
the time and manner provided for the giving of notice of the hearing by the planning
commission as specified in subsection A of this section. A municipality may give additional
notice of the hearing in any other manner as the municipality deems necessary or desirable.
For the purposes of this subsection, "party aggrieved" means any property owner within the
notification area prescribed by subsection A, paragraph 3 of this section.
E. A municipality may enact an ordinance authorizing county zoning to continue in effect until
municipal zoning is applied to land previously zoned by the county and annexed by the
municipality, but not longer than six months after the annexation.
F. A municipality is not required to adopt a general plan before the adoption of a zoning
ordinance.
G. If there is no planning commission or hearing officer, the governing body of the municipality
shall perform the functions assigned to the planning commission or hearing officer.
H. If the owners of twenty percent or more of the property by area and number of lots, tracts
and condominium units within the zoning area of the affected property, excluding
government owned property, file a protest in writing against a proposed amendment, the
change shall not become effective except by the favorable vote of three-fourths of all
members of the governing body of the municipality. If any members of the governing body
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 governing body, provided that such required number of votes shall not
be less than a majority of the full membership of the legally established governing body.೦
For the purposes of this subsection, the vote shall be rounded to the nearest whole number.
A protest filed pursuant to this subsection shall be signed by the property owners, excluding
government owned property, opposing the proposed amendment and filed in the office of
the clerk of the municipality not later than 12:00 noon one business day before the date on
which the governing body will vote on the proposed amendment or on an earlier time and
date established by the governing body.
I. In applying an open space element or a growth element of a general plan, a parcel of land
shall not be rezoned for open space, recreation, conservation or agriculture unless the
owner of the land consents to the rezoning in writing.
J. Notwithstanding section 19-142, subsection B, a decision by the governing body involving
rezoning of land that is not owned by the municipality and that changes the zoning
classification of such land may not be enacted as an emergency measure and the change
shall not be effective for at least thirty days after final approval of the change in
classification by the governing body.
K. For the purposes of this section, "zoning area" means both of the following:
1. The area within one hundred fifty feet, including all rights-of-way, of the affected
property subject to the proposed amendment or change.
2. The area of the proposed amendment or change.
Sec. 2. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-
462.10, to read:
9-462.10. Residential zoning; amendment; applications; deadline; extensions; applicability
A. On or before January 1, 2025, a municipality shall adopt an amendment to the
municipality's zoning ordinance that requires the municipality to determine whether a
zoning application is administratively complete within thirty days after receiving the
application. If the municipality determines that the application is not administratively
complete, the municipality shall follow the procedures prescribed in section 9-835,
subsection E until the application is administratively complete. The municipality shall
determine whether a resubmitted application is administratively complete within fifteen
days after receiving the resubmitted application. After determining that the application is
administratively complete, the municipality shall approve or deny the application within one
hundred eighty days.
B. Notwithstanding subsection A of this section, the municipality may extend the time frame to
approve or deny the request beyond one hundred eighty days for either of the following
reasons:
1. For extenuating circumstances, the municipality may grant a onetime extension of
not more than thirty days.
2. If an applicant requests an extension, the municipality may grant extensions of thirty
days for each extension granted.
C. This section does not apply to land that is designated as a district of historical significance
pursuant to section 9-462.01, subsection A, paragraph 10 or an area that is designated as
historic on the national register of historic places or planned area developments.
Sec. 3. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-
469, to read:
9-469. Municipal housing needs assessment; annual report; applicability
A. Beginning January 1, 2025 and every five years thereafter, a municipality shall publish a
housing needs assessment that includes the following:
1. The total population growth projected for the subsequent five-year period.
2. The total job growth projected for the subsequent five-year period.
3. The total amount of residentially zoned land with detail on land zoned as single-
family and multifamily.
4. The total need for additional residential housing units for rent and for sale in the
municipality to meet:
a) Any deficiencies in housing the existing population.
b) Any deficiencies in housing the existing workforce.
c) Population growth projections.
d) Job growth projections.
e) Housing needs across all various income levels.
B. Beginning January 1, 2025 and every year thereafter, each municipality shall submit an
annual report to the Arizona department of housing accounting for the total number of
proposed residential housing units submitted to the municipality, the total number of net
new residential housing units submitted to the municipality and the total number of new
residential housing units that are entitled, have been platted, have been issued a building
permit and have received a certificate of occupancy by the municipality. The annual report
shall include all of the following:
1. The number of housing development applications received in the prior year.
2. The number of lots and multifamily units included in all development applications in
the prior year.
3. The number of lots and multifamily units approved and disapproved or otherwise
not approved in the prior year.
4. A threshold percentage requirement of multifamily zoned land versus single-family
zoned land needed to meet population demand in each municipality.
5. The status and progress in meeting the municipality's housing needs.
6. A plan that specifies how the municipality intends to satisfy the identified need for
additional housing units within the municipality.
C. A municipality that has conducted a housing needs assessment report as of January 1, 2021
shall amend all existing reports to include the information required in subsection a of this
section.
D. The Arizona department of housing shall compile the reports received pursuant to
subsection b of this section and submit the reports to the governor, the president of the
senate and the speaker of the house of representatives.
E. This section does not require a municipality to fulfill the projections in the housing needs
assessment required by subsection a of this section.
F. This section does not apply to a municipality that is located on tribal land or a municipality
with a population of less than thirty thousand persons.
The UDC was adopted on January 12, 2024, prior to SB1162 being signed by the Arizona State
Governor on April 23, 2024. The proposed amendment to the UDC brings the UDC into
conformance with SB1162. Draft language to be removed is stricken and draft language for
adoption is in red.
The draft text amendment language is as follows:
DRAFT TEXT AMENDMENT (ZTA24-04)
35.6.202
Common Procedures
The preparation and filing of applications for land use permits, entitlements, amendments and
other matters pertaining to this UDC shall comply with the following common procedures, unless
an exception to the common procedure is expressly identified in subsequent sections of this UDC.
Subsequent sections include additional provisions that are unique to each type of application,
including staff and review board assignments and approval criteria.
A. Pre-Application
Prior to application for any general plan amendment, rezoning request, special district,
conditional use permit, subdivision plat, variance, appeal, design review, or any other
review or permit process, a preapplication review with the Development Services
Department will be required. The purpose of the preapplication review is:
1. To familiarize the Development Services Department with the request;
a. To determine application requirements and familiarize the applicant with the
review process and procedures;
b. To identify land use and development policies which may affect the outcome
of the request;
c. To permit a cursory technical review at a conceptual stage to identify conflicts
in objectives and to identify potential solutions for those conflicts; and
d. To identify the requirements for citizen participation and familiarize the
applicant with related issues.
B. Complete Application
1. Completed applications shall be submitted to the Development Services Department
on a form and in such a manner as established by the Development Services Director
or designee.
2. In accordance with A.R.S. §9-835, the Development Services Department shall publish
an application schedule, which prescribes the necessary deadline for submitting
specified application types in advance of being reviewed by the appropriate
decisionmaking body pursuant to this UDC or the A.R.S. Complete Application.
3. The Development Services Department will evaluate an application for completeness.
An application shall contain an application form, any information specifically required
by this ordinance, such additional information specified by the Development Services
Director or designee, and when required, a fee. An application must be made by the
property owner or his authorized agent. An applicant will be notified within ten (10)
working days if the application is incomplete. If incomplete, no review or public
hearing will be scheduled, AND THE APPLICANT WILL BE ISSUED AN OFFICIAL
WRITTEN NOTICE CONTAINING A COMPREHENSIVE AND SPECIFIC LIST OF
DEFICIENCIES. ONCE THE NOTICE IS ISSUED, THE APPLICATION REVIEW WILL BE
SUSPENDED UNTIL RESUBMITTAL. UPON RESUBMITTAL, IT WILL BE DETERMINED
WHETHER THE DEFICIENCIES HAVE BEEN RESOLVED AND THE APPLICATION
DETERMINED COMPLETE WITHIN TEN (10) WORKING DAYS. If an application fee has
been paid, such fee will be refunded if the Unified Development Code application
continues to be incomplete thirty (30) days after an initial incomplete submittal.
4. When an application is determined to be complete, it will be scheduled for a review
or public hearing as required by this UDC. If the review authority (Commission, Board,
City Council, or staff) determines additional information is required to adequately
evaluate an application, any such additional information shall be submitted by the
applicant not later than sixty (60) days from notification of the applicant unless a
specific date is otherwise established by the review authority. Failure to provide
additional information in the time specified will result in the application being deemed
incomplete, the file closed and no refund of application fees made.
5. THE CITY SHALL APPROVE OR DENY THE APPLICATION WITHIN ONE HUNDRED
EIGHTY (180) DAYS OF DETERMINING THE APPLICATION COMPLETE WITH THE
FOLLOWING EXCEPTIONS:
a. STAFF MAY GRANT A ONE-TIME EXTENSION OF NOT MORE THAN THIRTY (30)
DAYS FOR EXTENUATING CIRCUMSTANCES; OR
b. STAFF MAY GRANT EXTENSIONS IN THIRTY (30) DAYS INCREMENTS AT THE
REQUEST OF THE APPLICANT.
c. ZONING APPLICATIONS FOR LAND IN A DESIGNATED DISTRICT OF HISTORICAL
SIGNIFICANCE PURSUANT TO A.R.S. § 9-462.01, A PROPERTY OR AREA ON
THE NATIONAL REGISTER OF HISTORIC PLACES, PLANNED RESIDENTIAL
DEVELOPMENTS (PRDS), OR PLANNED AREA DEVELOPMENTS (PADS).
5. 6. When a project requires approvals under more than one section of the UDC, the
individual applications may be processed concurrently at the option of the Development
Services Director or designee, and with the approval of the applicant; provided, however,
rezoning applications may not be approved simultaneously with Major General Plan
Amendments. Rezone applications can only be approved sequentially after Major GPA
adoption; the rezone application will be cancelled if the Major GPA is not adopted. Minor
GPAs may be processed concurrently with other applications. The concurrent processing
of applications shall be in all cases at the applicant’s risk.
6) 7. At the discretion of the Development Services Director or designee, or where
otherwise required by this UDC, A.R.S., or Federal law, an application filed in compliance
with this UDC may be referred to any public agency that may be affected by or have an
interest in the proposed land use activity.
C. Citizen Participation
1. Citizen Participation Plan. Every application which requires a public hearing shall
include a citizen participation plan which must be implemented prior to the first public
hearing.
a. The purpose of the citizen participation plan is to:
i.
Ensure that applicants pursue early and effective citizen participation
in conjunction with their applications, giving them the opportunity to
understand and try to mitigate any real or perceived impacts their
application may have on the community;
ii.
Ensure that the citizens and property owners of Glendale have an
adequate opportunity to learn about applications that may affect them
and to work with applicants to resolve concerns at an early stage of the
process; and
iii.
Facilitate ongoing communication between the applicant, interested
citizens and property owners, City staff, and elected officials
throughout the application review process.
b. At a minimum the citizen participation plan shall include the following
information:
i.
Which residents, property owners, interested parties, political
jurisdictions and public agencies may be affected by the application;
ii.
How those interested in and potentially affected by an application will
be notified that an application has been made;
iii.
How those interested and potentially affected parties will be informed
of the substance of the change, amendment, or development proposed
by the application;
iv.
How those affected or otherwise interested will be provided an
opportunity to discuss the applicant's proposal with the applicant and
express any concerns, issues, or problems they may have with the
proposal in advance of the public hearing;
v.
The applicant's schedule for completion of the citizen participation
plan;
vi.
How the applicant will keep the Development Services Department
informed on the status of their citizen participation efforts.
c. The level of citizen interest and area of involvement will vary depending on the
nature of the application and the location of the site. The target area for early
notification will be determined by the applicant after consultation with the
Development Services Department. At a minimum, the target area shall
include the following:
i.
Property owners within the public hearing notice area required by
other sections of the ordinance codified in this section;
ii.
The head of any homeowners association or registered neighborhood
within the public notice area required by other sections of the
ordinance codified in this section;
iii.
Other interested parties who have requested that they be placed on
the interested parties notification list maintained by the Development
Services Department.
d. These requirements apply in addition to any notice provisions required
elsewhere in the ordinance codified in this section.
e. The applicant may submit a citizen participation plan and begin
implementation prior to formal application at their discretion. This shall not
occur until after the required pre-application meeting and consultation with
the Development Services Department staff.
2. Citizen Participation Final Report
a. This section applies only when a citizen participation plan is required by the
ordinance codified in this section.
b. The applicant shall provide a written report on the results of their citizen
participation effort prior to the notice of public hearing. This report will be
attached to the Development Services Department's public hearing report.
c. At a minimum, the citizen participation final report shall include the following
information:
i.
Details of techniques the applicant used to involve the public,
including:
a. Dates and locations of all meetings where citizens were invited
to discuss the applicant's proposal;
b. Content, dates mailed, and numbers of mailings, including
letters, meeting notices, newsletters and other publications;
c. Where residents, property owners, and interested parties
receiving notices, newsletters, or other written materials are
located; and
d. The number of people that participated in the process.
ii.
A summary of concerns, issues and problems expressed during the
process, including:
a. The substance of the concerns, issues, and problems;
b. How the applicant has addressed or intends to address
concerns, issues and problems expressed during the process;
and
c. Concerns, issues and problems the applicant is unwilling or
unable to address and why.
The following are the proposed revisions to Section 35.6.204.C:
35.6.204
Public Notice
No public hearing shall be conducted without first providing notice to the affected parties.
A. Newspaper. Notice shall be placed in the newspaper of general circulation of the area, or
newspaper designated by the City Council for legal public notices, advertising the type and
nature of the public hearing at least fifteen (15) full calendar days prior to the date of the
scheduled public hearing, not including the day of the hearing or the day of the notice
publication. However, text changes to this Unified Development Code shall be published
in a "display ad" covering not less than one-eighth (⅛) of a full page.
B. Site Posting. Notice shall be posted in at least one conspicuous location per street frontage
of the subject property. For subject properties that are greater than forty (40) acres in
area with street frontage(s), postings shall be placed along each street frontage so as to
ensure at least one posting for each quarter-mile (1,320 feet). For applicable sites with no
street frontage, postings shall be installed on the property in locations clearly visible to
abutting residents so as to ensure at least one posting for each quarter-mile (1,320 feet).
To enhance notification of required neighborhood meetings at preliminary stages of the
application process, applicants shall install a sign on the property along each street
frontage and in locations clearly visible to abutting residents so as to ensure at least one
posting for each quarter-mile (1,320 feet). All signs shall set forth the purpose, time, date,
and place of the neighborhood meeting.
1. Site posting(s) shall be located outside of the public right-of-way, unless documented
permission from the Development Services Director or designee, has been granted.
Such permission shall be generally supported for properties within the Centerline
Overlay District.
2. Site posting(s) shall be placed on the property and updated with public hearing
information at least twenty (20) full calendar days prior to the date of the first
scheduled public hearing. This twenty-day posting period shall not include the day of
the hearing or the day of the posting. Site posting(s) for required neighborhood
meetings shall be placed at least ten (10) days prior to the date of the scheduled
meeting.
3. Site postings shall include the City-issued application number, summary of the
request, applicant contact information, City contact information, and hearing dates,
times, and location.
4. The size and format of the site posting(s) shall be in accordance with policies
established and/or modified by the Development Services Department.
5. The applicant shall maintain all postings and ensure legibility throughout the duration
of the posting period.
6. Site postings shall be removed from the subject property within thirty (30) days of the
final hearing for the associated application.
C. Property Owner Notification. All property owners, including homeowners’ associations,
within the notification distance stated in Table 6.200-2 of this Section shall be sent notice
by first class mail, postmarked at least fifteen (15) days prior to the date of the scheduled
public hearing.
Due to the potential impact of a project that may extend beyond the required minimum
notification distance, required notification distances shall be increased by 30%, if at least
one of the following conditions exist:
• A zoning or land use request would result in conversion of a single-family residence
designation to a multi-family residence designation or non-residential designation
(and vice versa).
• A zoning or land use request may result in the need to change an existing roadway
classification, revise an existing roadway alignment, or warrant the installation of
a traffic signal.
Further, the required notification area shall be extended to all parcels located within the
Plat(s) associated with parcels that fall within the required notification distance.
ZONING THAT ABUTS OTHER MUNICIPALITIES AND/OR UNINCORPORATED AREAS OF
THE COUNTY OR IS IN THE NOTIFICATION DISTANCE (TABLE 6.200-2 OF THIS SECTION)
OF A MILITARY AIRPORT OR ANCILLARY FACILITY AS DEFINED IN A.R.S. § 28-8461, THE
NOTICE SHALL BE SENT FIRST CLASS MAIL TO THE PLANNING AGENCIES AND/OR
MILITARY AIRPORT AND/OR FACILITY.
ZONING NOT INITIATED BY THE PROPERTY OWNER REQUIRES THE CITY TO PROVIDE
NOTICE BY FIRST CLASS MAIL TO REAL PROPERTY OWNERS WITHIN NOTIFICATION
DISTANCE (TABLE 6.200-2 OF THIS SECTION) IF THE ZONING MAY CHANGE THE ZONING
CLASSIFICATION AND/OR IS DIRECTLY GOVERNED BY ANY COMBINATION OF THE
FOLLOWING CHANGES:
• TEN PERCENT OR MORE INCREASE OR REDUCTION IN THE NUMBER OF SQUARE
FEET OR UNITS THAT MAY BE DEVELOPED.
• TEN PERCENT OR MORE INCREASE OR REDUCTION IN THE ALLOWABLE HEIGHT
OF BUILDINGS.
• TEN PERCENT OR MORE INCREASE OR REDUCTION IN SETBACK OR OPEN SPACE
REQUIREMENTS.
• INCREASE OR REDUCTION IN THE ALLOWABLE NUMBER OF STORIES OF A
BUILDING.
• AN INCREASE OR DECREASE IN PERMITTED USES.
1. Property ownership information, for the purposes of notification, shall be collected
from the Maricopa County Assessor’s information. Additional interested parties may
be included in the notification as a courtesy.
2. Measurement of the notification distance shall be taken from the exterior boundaries
of the property subject to the application as shown on the last assessment of the
property.
3. The size and format of the notification mailer shall be in accordance with policies
established by the Development Services Department.
4. IN HIGH NOISE OR ACCIDENT POTENTIAL ZONES AS DEFINED BY A.R.S. § 28-8461,
THE NOTICE SHALL INCLUDE A GENERAL STATEMENT THAT THE MATTER IS IN A HIGH
NOISE AND/OR ACCIDENT POTENTIAL ZONE.
4. 5. The public hearing notification process shall be managed and executed by the City.
All associated notification and postage fees shall be calculated and submitted to the
applicant for collection at the time of the first formal submittal.
D. Notwithstanding the notice requirements set forth in this Section, the failure of any
person or entity to receive notice shall not constitute grounds for any court to invalidate
the action for which the notice was given. No public hearing shall be conducted without
first providing notice to the affected parties.
E. Continuances. Items scheduled for public hearing which have been continued, for any
reason, to a date-specific hearing by the same body and occurring within sixty (60) days
of the original hearing, are not required to be re-noticed. The Development Services
Director or designee may require re-notification as a courtesy should unique
circumstances exist in which re-notification would benefit the community. Items
remanded to a lower-tier hearing body for reconsideration shall be re-noticed in
accordance with this Section.
The following are the proposed revisions to Section 35.6.207.F:
35.6.207 Amendments to the Unified Development Code (Rezoning and Text Amendments)
A. General Amendments to this Unified Development Code which change property from one
zoning district to another, which impose regulations not previously imposed, which
modify ordinance text, which amend or modify stipulations or conditions of approval, or
which remove or modify the text or any regulation previously imposed shall be adopted
in the manner set forth in this Section.
B. Application Process. Applications for amendment shall conform with the provisions of
Section 35.6.202. Applications shall be made in the office of the Development Services
Department on an application form with required documentation specified on guidelines
provided by the Development Services Department and accompanied with required fees.
After the Development Services Department has determined that an application is
complete, the application shall be routed for formal review and comment by staff, and a
public hearing with the Planning Commission will be scheduled.
C. Authorized Applicant
1. An authorized applicant shall be one (1) of the following:
a. The owner of the property;
b. One (1) or more of several joint owners of property who own individually or as
a group, a majority interest in the property;
c. One (1) or both of the property owners where property is held in joint tenancy;
d. Seventy-five percent (75%), or more, of the owners of property in the area
covered by the application when the application covers more than one (1)
property;
e. The Planning Commission or City Council on its own motion at a public
meeting; or
f. The Historic Preservation Commission, the Planning Commission or City
Council on its own motion at a public meeting, may initiate an amendment to
establish or amend Historic Preservation District Zoning.
2. The applicant for an amendment to change the text of the Zoning Ordinance shall be
an interested party, or the Planning Commission or City Council on its own motion at
a public hearing.
3. All applications shall be signed by the authorized applicant or an agent of any
authorized applicant when the authority of the agent is in writing, notarized, and file
with the application except applications initiated by the Planning Commission or City
Council. The signature of such agent shall have the same force and effect as if the
application were signed by the principal.
D. Public Notice. The Planning Commission shall not recommend, nor shall the City Council
consider any amendment to this Zoning Ordinance, until the request is presented during
a public hearing. No public hearing shall be conducted without first providing notice to
the affected parties. Such notice shall be provided in accordance with Sections 35.6.204.
E. Public Hearing. The Planning Commission may recommend approval, approval with
conditions, or denial on an application for amendment. The recommendation will be
forwarded to the City Council for public hearing and final action unless withdrawn by the
applicant. All public hearings to consider an amendment to this Unified Development
Code shall require notice as provided in this Article.
F. Protests against amendment
1. If the owners of twenty (20) percent or more of the area either of the lots AND
NUMBER OF LOTS, TRACTS AND CONDOMINIUM UNITS, EXCLUDING GOVERNMENT
OWNED PROPERTY, included in a proposed change, or those immediately adjacent
within one hundred fifty (150) feet therefrom, or of those directly opposite within one
hundred fifty (150) feet from the street frontage of the opposite lots, file a protest in
writing against a proposed amendment, it shall not become effective except by a
favorable vote of three-fourths (3/4) of all members of the City Council.
2. If any members of the City 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 (3/4) of the remaining membership of the City Council, provided
that such required number of votes shall in no event be less than a majority of the full
membership. FOR THE PURPOSES OF THIS SECTION, THE VOTE SHALL BE ROUNDED
TO THE NEAREST WHOLE NUMBER.
3. Written protests shall describe the property owned by the protestants with sufficient
clarity to determine the location of the protestant's property on a map of the City with
relation to the area under consideration. Where such property is not adequately
described, the City Council may, at its discretion, disregard any such protest. The
written protests shall include case number, description of request, the name(s),
address of property owned by protesting party, signature, date and basis of protest. If
a petition is used, the person circulating the petition shall include their name and their
notarized signature.
4. All such written protests or petitions shall be filed in the office of the Development
Services Director no later than 12:00 noon on the Friday preceding the City Council
meeting at which such amendment will be considered.
G. Amendments Adopted by Ordinance. Amendments to the official Zoning Map or the
Unified Development Code text shall be adopted by ordinance. Amendments to the text
may be considered as an emergency ordinance to become effective immediately upon
approval by the City Council. Amendments to the official Zoning Map shall not be
considered as an emergency ordinance and shall become effective thirty (30) days after
approval unless a later effective date is provided by action of City Council. An ordinance
amending the official Zoning Map shall include a legal description of the property affected,
which shall be provided by the applicant on a form and in a manner as required by the
guidelines prepared by the Development Services Director or designee.
H. Conditional Zoning
1. The City Council may approve a zoning change containing conditions which must be
met by the applicant and may specify a period of time for the applicant to meet the
conditions. In the event the time period expires and the conditions have not been met,
the ordinance shall not become effective and may be rescinded as follows:
a. The Development Services Director or designee shall, by first class mail, notify
the authorized applicant of its intention to hold a hearing to rescind the zoning
change. The notice shall be made at least fifteen (15) days prior to the date of
the scheduled hearing. At the hearing, the City Council shall consider evidence
from all interested parties and after deliberation may rescind the ordinance or
take an action to extend the time period.
I. Findings
1. Amendment to the Unified Development Code text and official Zoning Map of the City
of Glendale shall be approved only if:
a. The amendment is consistent with the policies and objectives of the Glendale
General Plan;
b. The proposed amendment furthers the public health, safety and general
welfare of the citizens of Glendale; and
c. If the amendment is to the official Zoning Map, the proposed change will
include any conditions necessary to mitigate any adverse impacts on
businesses, persons, or properties adjacent to the requested amendment.
J. Change of Classification of Requested Zone District. In the event an application is made
for an amendment to change the official Zoning Map from a more restrictive district to a
less restrictive district, the Planning Commission or City Council may approve the
application or grant the amendment for a district which is more restrictive than requested
in the application and less restrictive than the existing classification, without the necessity
of a new or amended application and without the necessity of giving new or additional
notice.
K. Re-application. In cases where the amendment has been denied, no application for an
amendment for the same or substantially the same request and, in the case of a map
amendment on the same or substantially the same property shall be filed within one
hundred eighty (180) days from the date of denial of the amendment.
L. Adequate School Facilities
1. The provisions of this section shall apply only to applications for residential rezoning
which will increase the projected number of students for any school district's school
attendance area as a result of the proposed rezoning. The applicability of this section
includes applications for rezoning which change zoning classifications from non-
residential to residential classifications and rezonings which change residential zoning
classifications to a higher density residential classification. A school district's school
attendance areas shall be the attendance boundaries adopted for each public school
by the applicable school district.
2. No rezoning application shall be considered complete under Section 35.6.202 until the
applicant provides a letter from the appropriate school district which certifies any of
the following, or the time period for the school district's response to a request for
certification has expired under subsection 4 below:
a. That the school district has adequate school facilities to accommodate the
projected number of new students within the school district's attendance area;
or
b. That the school district will have adequate school facilities by a planned capital
improvement to be constructed within one (1) year and located within the
school district's attendance area; or
c. That the school district has determined an existing or proposed charter school
can provide adequate school facilities; or
d. That the applicant and the school district have entered into an agreement to
provide, or help to provide, adequate school facilities within the school
district's attendance area in a timely manner; or
e. That the school district does not have adequate school facilities to
accommodate projected growth attributable to the rezoning.
The projected number of new students resulting from the application for rezoning
shall be based upon a student per-household ratio methodology adopted by the
appropriate school district. If a school district fails to adopt a student per-household
ratio methodology for projecting the number of new students resulting from an
applicant's rezoning application, then the school district shall base its certification
upon an authoritative source accepted within the education community.
3. For purposes of this section, adequate school facilities shall be determined by the
appropriate school district in accordance with the minimum school facility adequacy
guidelines adopted by the School Facilities Board pursuant to A.R.S. § 15-2011, and
any subsequent amendments made thereto, as applied to each individual school site's
attendance area for each individual school serving the property being considered for
rezoning.
4. Applications for rezoning subject to this section shall follow the following procedures:
a. At the time of filing an application for rezoning subject to this section, all
applicants for rezoning shall provide a copy of a letter delivered to the
superintendent(s) of all applicable school districts which contains an offer to
meet with school district representatives to discuss the school district's
certification required by subsection 2 above.
b. After the filing of the rezoning application, the City shall deliver by certified or
registered mail a copy of the application and a site location map to each
affected school district located within the area requested to be rezoned. In
addition, the City shall request the school district to provide the required
certification provided for in subsection 2 above, on a form to be provided by
the City, within thirty (30) days to the City of Glendale care of the Development
Services Director. For good cause, the thirty (30) daytime period may be
extended at the request of the applicant or the school district. In the event the
City does not receive certification from the school district within thirty (30)
days, or any extension thereof, it shall be deemed that there are adequate
school facilities for the proposed rezoning. The school district's response time
to a request for certification shall be determined by the date of mailing of the
request for certification from the City. For purposes of computing the thirty
(30) day certification time period, the date of mailing from which the
designated period of time begins to run shall not be included. In the event the
last day for receipt of the certification occurs on a Saturday, Sunday or legal
holiday, the applicable certification time period runs until the end of the next
work day.
c. After providing the certification required by subsection 2, or the school
district's failure to respond to the request for certification within thirty (30)
days, or any extension thereof, the application shall proceed to be processed
in accordance with Section 35.6.207 of the zoning ordinance and all other
applicable ordinances.
d. In the event that the appropriate school district certifies that there are not
adequate school facilities for the proposed rezoning, the Development
Services Director or designee shall notify the applicant in writing that the
school district has determined that it does not have adequate school facilities
for the rezoning.
The following is proposed addition of a new section of the UDC 35.6.215:
35.6.215 HOUSING NEEDS ASSESSMENT AND ANNUAL REPORT
PURPOSE
THE PURPOSE OF THIS SECTION IS TO DEFINE THE REQUIREMENTS FOR THE HOUSING NEEDS
ASSESSMENT AND ANNUAL REPORT PURSUANT TO A.R.S. § 9-469 AND TO SUPPORT THE CITY’S
EFFORT IN ADDRESSING HOUSING NEEDS AND GROWTH. THE REGULATIONS IN THIS SECTION
ARE IN ADDITION TO OTHER CODES AND REQUIREMENTS OF THE CITY. ALL REQUIREMENTS
WILL BE SUBMITTED BY DATES ESTABLISHED IN STATE STATUTES.
A. THE CITY SHALL PUBLISH A HOUSING NEEDS ASSESSMENT EVERY FIVE (5) YEARS
DETAILING ANY DEFICIENCIES IN HOUSING THE EXISTING POPULATION AND
WORKFORCE, POPULATION AND JOB GROWTH PROJECTIONS, AND THE HOUSING
NEEDS ACROSS ALL INCOME LEVELS. THE HOUSING NEEDS ASSESSMENT SHALL
INCLUDE:
1. THE TOTAL POPULATION GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR
PERIOD.
2. THE TOTAL JOB GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR PERIOD.
3. THE TOTAL AMOUNT OF RESIDENTIALLY ZONED LAND WITH DETAIL ON LAND ZONED
AS SINGLE-FAMILY AND MULTIFAMILY.
4. THE TOTAL NEED FOR ADDITIONAL RESIDENTIAL HOUSING UNITS FOR RENT AND
FOR SALE IN THE CITY TO MEET:
a. ANY DEFICIENCIES IN HOUSING THE EXISTING POPULATION.
b. ANY DEFICIENCIES IN HOUSING THE EXISTING WORKFORCE.
c. POPULATION GROWTH PROJECTIONS.
d. JOB GROWTH PROJECTIONS.
e. HOUSING NEEDS ACROSS ALL VARIOUS INCOME LEVELS.
B. THE CITY SHALL SUBMIT AN ANNUAL REPORT TO THE ARIZONA DEPARTMENT OF
HOUSING DETAILING THE TOTAL NUMBER OF PROPOSED RESIDENTIAL HOUSING UNITS
AND TOTAL NUMBER OF NET NEW RESIDENTIAL HOUSING UNITS SUBMITTED TO THE
CITY, TOTAL NUMBER OF NEW RESIDENTIAL UNITS THAT ARE ENTITLED AND HAVE BEEN
PLATTED, ISSUED A BUILDING PERMIT, AND RECEIVED A CERTIFICATE OF OCCUPANCY.
THE ANNUAL REPORT SHALL INCLUDE:
1. THE NUMBER OF HOUSING DEVELOPMENT APPLICATIONS RECEIVED IN THE PRIOR
YEAR.
2. THE NUMBER OF LOTS AND MULTIFAMILY UNITS INCLUDED IN ALL DEVELOPMENT
APPLICATIONS IN THE PRIOR YEAR.
3. THE NUMBER OF LOTS AND MULTIFAMILY UNITS APPROVED AND DISAPPROVED OR
OTHERWISE NOT APPROVED IN THE PRIOR YEAR.
4. A THRESHOLD PERCENTAGE REQUIREMENT OF MULTIFAMILY ZONED LAND VERSUS
SINGLE-FAMILY ZONED LAND NEEDED TO MEET POPULATION DEMAND.
5. THE STATUS AND PROGRESS IN MEETING THE CITY'S HOUSING NEEDS.
6. A PLAN THAT SPECIFIES HOW THE CITY INTENDS TO SATISFY THE IDENTIFIED NEED
FOR ADDITIONAL HOUSING UNITS WITHIN THE CITY.
Notification
The Zoning Text Amendment will affect property owners citywide.
A notification letter will be distributed that outlines the purpose of the text amendment,
provides a contact person from the staff, and includes the proposed language for the
amendment. Recipients will have a specified timeframe to submit their comments, which will be
clearly indicated in the letter. Any questions or concerns will be addressed by the designated
staff contact mentioned in the notification letter and will be responded to through the same
channel they were received – whether by phone or email.
It is not anticipated the language will be revised from the proposed draft unless Planning
Commissioners and City Councilmembers request such.
Tentative Timeline
Submittal of CPP: December 9, 2024
Date of Neighborhood Letter: December 23, 2024
Comment Period: January 06, 2025
Submittal of Final Report: January 06, 2025
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