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City of Phoenix
PLANNING AND DEVELOPMENT DEPARTMENT
To: Alan Stephenson Date: November 8, 2024
Deputy City Manager
From: — Joshua Bednarek 0%
Planning and Development Director
Subject: ITEM 79 ON THE NOVEMBER 13, 2024, FORMAL AGENDA — PUBLIC
HEARING - AMEND CITY CODE - ORDINANCE ADOPTION - REZONING
APPLICATION REVIEW TIMEFRAMES AND WRITTEN PROTEST PETITION
EXEMPTION - Z-TA-8-24-Y (ORDINANCE G-7320) - CITYWIDE
Item 79, is a request to hold a public hearing on a proposed text amendment Z-TA-8-24-Y
and to request City Council approval per the Planning Commission recommendation which
amends Chapter 5, Section 506 (Text Amendments and Rezonings) of the Phoenix Zoning
Ordinance to address changes to the Arizona Revised Statutes regarding an exemption
for government owned properties when processing written protest petitions for the three-
fourths votes and rezoning application review time frames (Senate Bill 1162).
The Planning Commission heard the case on November 7, 2024, and recommended
approval, per the staff recommendation, by a vote of 9-0.
Staff recommends approval of Z-TA-8-24-Y as shown in the proposed text, per Planning
Commission recommendation:
Section 506. Text amendments and rezonings.
A. Amendments.
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9. In the event that a written protest against a proposed amendment is filed in
the office of the City Clerk, or the City Clerk’s designee, no later than seven
days following Planning Commission action by the owners of 20 percent or
more of the property by area and number of lots, tracts and condominium
units within the zoning petition area, EXCLUDING GOVERNMENT OWNED
PROPERTY, such amendment shall not become effective except by the
favorable vote of three-fourths of all the members of the City Council of the
City of Phoenix. If any members of the City Council are unable to vote on
any such amendment because of a conflict of interest, then the required
number of votes for passage of such amendment shall be three-fourths of
the remaining membership of the City Council; provided, that such required
number of votes shall not be less than a majority of the full membership of
Z-TA-8-24-Y Backup Memo
November 8, 2024
Page 2
the City Council. For the purposes of this section, the percentage of the
favorable vote shall be rounded to the nearest whole number.
B. Rezonings.
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5. REZONING APPLICATIONS. No application for a change of zone shall be
set for public hearing until a formal Planning and Development Department
review w of the application has taken place. sO applicant nas subpied
a. APPLICATION. A REZONING APPLICATION SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE ITEMS LISTED BELOW UNLESS
WAIVED BY STAFF. ADDITIONAL MATERIALS MAY BE
REQUESTED BY STAFF WHEN PERTINENT TO THE REZONING
REQUEST:
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& (3)
d (4)
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8) (c)
(4) (d)
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Legal description.
Letter ofauthorization te file— WRITTEN AUTHORIZATION TO
FILE FROM PROPERTY OWNER.
Filing fee.
Map OR OTHER DOCUMENTATION to include the following:
Parcel identification.
Existing zoning and uses on-site and adjacent property.
Intensity and/or density proposals.
Traffic and parking study, if required by Planning and
Development Department.
Phasing schedule.
Statement on conformance to existing adopted City
plans.
Ownership map of property owners within three
hundred feet or nearest residence in all directions. This
shall be the most current ownership information
Z-TA-8-24-Y Backup Memo
November 8, 2024
Page 3
supplied through the Maricopa County Assessor’s
Office.
<8} (h) Infrastructure: existing and proposed.
e (5) Site plan and building elevations.
HH (a) Building configuration and heights.
@) = (b) ~~ Setbacks.
(3) (c) — Landscaped areas.
{4} (d) ~~ Appropriate calculations. e.g., parking, lot coverage.
(§} (e) Access points and modifications to existing street
improvements.
6) (fy Street names, north point, date, right-of-way.
b. APPLICATION REVIEW PROCESS.
(1) | PRIOR TO SUBMITTING AN APPLICATION FOR
REZONING, THE APPLICANT SHALL REQUEST AND
ATTEND TWO SEPARATE MEETINGS: A REZONING PRE-
APPLICATION MEETING, AND A DEVELOPMENT PRE-
APPLICATION MEETING, UNLESS WAIVED BY THE
PLANNING DIRECTOR.
(2) AFTER COMPLETING ANY REQUIRED PRE-APPLICATION
MEETINGS, A REZONING APPLICATION MAY BE
SUBMITTED WITH APPROPRIATE FEES AS PROVIDED IN
APPENDIX A, ZONING FEE SCHEDULE.
(3) ONCE AN APPLICATION HAS BEEN SUBMITTED, THE
ADMINISTRATIVE COMPLETENESS REVIEW PERIOD
SHALL BEGIN, WHERE STAFF WILL DETERMINE IF THE
APPLICATION INCLUDES ALL REQUIRED INFORMATION.
(4) ONCE AN APPLICATION HAS BEEN DETERMINED TO BE
ADMINISTRATIVELY COMPLETE, THE SUBSTANTIVE
REVIEW PERIOD SHALL BEGIN, WHERE STAFF
EVALUATE THE REZONING REQUEST AND SET PUBLIC
HEARING DATES.
(5) FOLLOWING THE SUBSTANTIVE REVIEW PERIOD,
PUBLIC HEARINGS, UP TO AND INCLUDING CITY
Z-TA-8-24-Y Backup Memo
November 8, 2024
Page 4
COUNCIL, SHALL BE CONDUCTED AS PROVIDED IN
SECTION 506.
c. ADMINISTRATIVE COMPLETENESS REVIEW.
(1)
FOR REZONING APPLICATIONS REQUESTING REZONING
TO OR FROM HP, HP-L, OR PUD, OR APPLICATIONS FOR
PROPERTIES CURRENTLY DESIGNATED AS HISTORIC
ON THE NATIONAL REGISTER OF HISTORIC PLACES,
STAFF SHALL REVIEW EACH APPLICATION FOR
COMPLETENESS IN THE MANNER OUTLINED IN THE
APPLICATION PACKET PUBLISHED ON THE CITY OF
PHOENIX WEBSITE.
FOR ALL OTHER REZONING APPLICATIONS, STAFF
SHALL CONDUCT AN ADMINISTRATIVE COMPLETENESS
REVIEW AS FOLLOWS:
(a) STAFF SHALL CONDUCT THE ADMINISTRATIVE
COMPLETENESS REVIEW WITHIN 30 DAYS OF
SUBMISSION.
(b) IF AN APPLICATION IS NOT ADMINISTRATIVELY
COMPLETE, STAFF SHALL PROVIDE THE
APPLICANT WITH A NOTICE THAT INCLUDES A
COMPREHENSIVE LIST OF THE SPECIFIC
DEFICIENCIES.
(i) ONCE THE NOTICE IS ISSUED, THE
APPLICANT SHALL RESUBMIT THE
APPLICATION, ADDRESSING ALL
DEFICIENCIES. IF NOT RESUBMITTED
WITHIN 15 DAYS OF ISSUANCE OF THE
NOTICE, THE APPLICATION MAY BE
CONSIDERED VOID AND APPLICATION FEES
REFUNDED, MINUS AN ADMINISTRATIVE
CHARGE.
(i) |§ FORA RESUBMITTED APPLICATION, STAFF
SHALL CONDUCT ANOTHER
ADMINISTRATIVE COMPLETENESS REVIEW
WITHIN 15 DAYS OF RECEIPT TO
DETERMINE WHETHER ALL DEFICIENCIES
HAVE BEEN RESOLVED.
ili IF A RESUBMITTED APPLICATION IS STILL
NOT ADMINISTRATIVELY COMPLETE, STEPS
(i) AND (ii) SHALL BE REPEATED UNTIL THE
Z-TA-8-24-Y Backup Memo
November 8, 2024
Page 5
APPLICATION IS ADMINISTRATIVELY
COMPLETE, OR THE APPLICATION IS
WITHDRAWN.
(3) WHEN AN APPLICATION IS DEEMED ADMINISTRATIVELY
COMPLETE, THE CITY SHALL ISSUE A NOTICE OF
ADMINISTRATIVE COMPLETENESS TO THE APPLICANT.
SUBSTANTIVE REVIEW. ALL REZONING APPLICATIONS SHALL
BEGIN THE SUBSTANTIVE REVIEW PROCESS ONCE
DETERMINED TO BE ADMINISTRATIVELY COMPLETE. THE
SUBSTANTIVE REVIEW INCLUDES, BUT IS NOT LIMITED TO,
THE FOLLOWING:
|
(1) STAFF EVALUATION OF THE REQUEST RELATED TO
ADOPTED CODES, ORDINANCES, AND POLICIES.
(2) | NEIGHBORHOOD MEETINGS, IF REQUIRED.
(8) POST-APPLICATION MEETING WITH STAFF, WHERE THE
REQUIRED PUBLIC HEARING DATES ARE SET.
(4) REQUIRED PUBLIC NOTIFICATION.
APPLICATION REVIEW TIMEFRAMES.
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(14) — FOR REZONING APPLICATIONS REQUESTING REZONING
TO OR FROM HP, HP-L, OR PUD, OR APPLICATIONS FOR
PROPERTIES CURRENTLY DESIGNATED AS HISTORIC
ON THE NATIONAL REGISTER OF HISTORIC PLACES,
THE SUBSTANTIVE REVIEW AND PUBLIC HEARINGS
SHALL BE CONDUCTED PER THE TIMEFRAMES
OUTLINED IN THE APPLICATION PACKET PUBLISHED ON
THE CITY OF PHOENIX WEBSITE.
(2) FORALL OTHER REZONING APPLICATIONS, THE
SUBSTANTIVE REVIEW SHALL BEGIN A 180-DAY PERIOD
WITHIN WHICH THE SUBSTANTIVE REVIEW AND ALL
REQUIRED PUBLIC HEARINGS SHALL BE CONDUCTED.
THE CITY COUNCIL MUST APPROVE OR DENY AN
APPLICATION BEFORE THE END OF THE 180-DAY
PERIOD, WITH THE FOLLOWING EXCEPTIONS:
(a) | FOR EXTENUATING CIRCUMSTANCES, THE CITY
MAY EXTEND THE REVIEW PERIOD ONCE, FOR
NOT MORE THAN 30 DAYS.
Z-TA-8-24-Y Backup Memo
November 8, 2024
Page 6
(b) AT THE REQUEST OF THE APPLICANT, THE CITY
MAY GRANT EXTENSIONS OF THE REVIEW
PERIOD IN INCREMENTS OF 30 DAYS.
the-applicant shall-be forfeited. IN THE EVENT THAT AN
APPLICATION IS WITHDRAWN, NO FEES SHALL BE REFUNDED
UNLESS OTHERWISE INDICATED BY ADOPTED PLANNING AND
DEVELOPMENT DEPARTMENT POLICIES.
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Approved:
Alan Stephenson, Dgéputy City Manager