Attachment A - Draft Ordinance - Z-TA-8-24-Y.pdf

City of Phoenix — Formal (2024-11-13)

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Ordinance G 
 
ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING PORTIONS OF THE CODE OF THE 
CITY OF PHOENIX, ARIZONA, PART II, CHAPTER 41, THE 
ZONING ORDINANCE OF THE CITY OF PHOENIX BY: 
AMENDING CHAPTER 5, SECTION 506 (TEXT AMENDMENTS 
AND REZONINGS) 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 TIMEFRAMES. 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
 
SECTION 1: Chapter 5, Section 506 (Text Amendments and Rezonings), 
is hereby amended to read as follows: 
Section 506. Text amendments and rezonings. 
 
A. 
Amendments. 
*** 
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

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Ordinance G 
 
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 
the City Council. For the purposes of this section, the percentage of the 
favorable vote shall be rounded to the nearest whole number. 
*** 
 
SeB. Rezonings. 
*** 
5. 
REZONING APPLICATIONS.  No application for a change of zone shall be 
set for public hearing until a formal Planning and Development Department 
review of the application has taken place. and the applicant has submitted 
all the following materials in a form acceptable to the Planning and 
Development Department, unless submission of the specific item is waived 
by the Planning and Development Department. 
 
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: 
a. 
(1) 
Legal description. 
b. 
(2) 
Letter of authorization to file.  WRITTEN AUTHORIZATION TO 
FILE FROM PROPERTY OWNER.  
c. 
(3) 
Filing fee. 
d. 
(4) 
Map OR OTHER DOCUMENTATION to include the following: 
(1) 
(a) 
Parcel identification. 
(2) 
(b) 
Existing zoning and uses on-site and adjacent property. 
 
(3) 
(c) 
Intensity and/or density proposals. 
(4) 
(d) 
Traffic and parking study, if required by Planning and 
Development Department.

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Ordinance G 
 
(5) 
(e) 
Phasing schedule. 
(6) 
(f) 
Statement on conformance to existing adopted City 
plans. 
(7) 
(g) 
Ownership map of property owners within three 
hundred feet or nearest residence in all directions. This 
shall be the most current ownership information 
supplied through the Maricopa County Assessor’s 
office. 
(8) 
(h) 
Infrastructure: existing and proposed. 
e. 
(5) 
Site plan and building elevations. 
(1) 
(a) 
Building configuration and heights. 
(2) 
(b) 
Setbacks. 
(3) 
(c) 
Landscaped areas. 
(4) 
(d) 
Appropriate calculations. e.g., parking, lot coverage. 
(5) 
(e) 
Access points and modifications to existing street 
improvements. 
(6) 
(f) 
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.

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Ordinance G 
 
(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 
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. 
(2) 
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.

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Ordinance G 
 
(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. 
(ii) 
FOR A RESUBMITTED APPLICATION, STAFF 
SHALL CONDUCT ANOTHER 
ADMINISTRATIVE COMPLETENESS REVIEW 
WITHIN 15 DAYS OF RECEIPT TO 
DETERMINE WHETHER ALL DEFICIENCIES 
HAVE BEEN RESOLVED. 
(iii) 
IF A RESUBMITTED APPLICATION IS STILL 
NOT ADMINISTRATIVELY COMPLETE, STEPS 
(i) AND (ii) SHALL BE REPEATED UNTIL THE 
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. 
d. 
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.

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Ordinance G 
 
(3) 
POST-APPLICATION MEETING WITH STAFF, WHERE THE 
REQUIRED PUBLIC HEARING DATES ARE SET. 
(4) 
REQUIRED PUBLIC NOTIFICATION. 
e. 
APPLICATION REVIEW TIMEFRAMES.   
(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, 
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) 
FOR ALL 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. 
(b) 
AT THE REQUEST OF THE APPLICANT, THE CITY 
MAY GRANT EXTENSIONS OF THE REVIEW 
PERIOD IN INCREMENTS OF 30 DAYS. 
f. 
At the applicant’s request, the formal Planning and Development 
Department review may be postponed for up to ninety days from the 
date the application was filed. In the event the applicant is unable to 
submit the above-referenced materials within the ninety-day period, 
the application shall be considered terminated and all fees paid by 
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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Ordinance G 
 
*** 
 
 
PASSED by the Council of the City of Phoenix this 13th day of November, 
2024.  
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
 
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager