HomeMy WebLinkAboutORD1209ORDINANCE NO 1209
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION.ARIZONA.AMENDING THE APACHE JUNCTION CITY CODE.VOLUME
II.LAND DEVELOPMENT CODE.CHAPTER 1.ZONING ORDINANCE.ARTICLE 6
GENERAL PROVISIONS AND EXCEPTIONS.BY ADDING A NEW SECTION TO
PROVIDE FOR A CITIZEN REVIEW PROCESS:REPEALING ANY CONFLICTING
PROVISIONS:AND PROVIDING FOR SEVERABILITY.
WHEREAS.Arizona Revised Statutes Annotates (A.R.S.-)Section 9-462.03
has recently been enacted to require cities and towns to inform adjacent
landowners and other potentially affected citizens of the substance of any
proposed rezoning applications:and
WHEREAS.under the new law,adjacent landowners and other potentially
affected citizens shall be provided notice of such applications and shall
have the opportunity to express any issues or concerns with such applications
before public hearings are held:and
.WHEREAS.cities and towns must pass an ordinance setting forth a
citizen review process.
NOW THEREFORE.BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION.ARIZONA.THAT:
SECTION I:IN GENERAL
The City Code of Apache Junction.Arizona.Volume II.Land Development
Code.Chapter 1.Zoning Ordinance.Article 6.General Provisions and
Exceptions,be amended with the addition of the following .section to provide
for a citizen review process:
SECTION 6.0131 CITIZEN REVIEW PROCESS
A.Pursuant to A.R.S.Section 9-462.03.any public hearing request for a
general plan amendment.rezoning.varlapce,specific plan or planned
development application shall include 'a citi rzen' reView process to
include a .public participation plan.After a complete application is
filed.the City shall notify all adjacent landowners and other
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potentially affected citizens of the substance of the proposed
application,as noted below.
B.The Applicant's Citizen Review Plan shall include:
1.Report cover page.
2.Description of the project and possible impacts.
3.How the applicant will inform the public about the proposed
project and allow for public input with anticipated
schedule.
4.How the applicant will address issues raised by staff and
the public.
5.Any additional elements the applicant feels should be
incorporated.
With the general plan amendment.rezoning.variance,specific plan and
planned development application,the applicant shall also include the
following information:
1
2
Applicant's citizen review plan.
A statement that the plan complies with the major amendment
requirements where applicable.
Application fee.
Applicant's signature and date filed.
Prior to the first public hearing on the application,the applicant
shall have implemented their citizen review plan as follows:
1
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Applicant shall have performed a public notification
process.The method and area of notification will be
determined by the case planner.At a minimum,notification
shall include:
a.Property owners owning property within three hundred
feet (300')of the property referenced in the
application.
b.Nearest school district(s).
c.The head of any homeowners association or registered
neighborhood group withjn the public notice area.
d.Other interested parties who have requested that they
be placed on the interested parties notification
list, as maintained by the.Planning Division.
Applicants shall hold a neighborhood meeting or perform a
project notification.as determined by the case planner.
Applicants shall provide a written report to the Planning Division on
the results of their citizen review efforts prior to the notice of
public hearing.This report will be attached to. the Planning Division s
public hearing case report.At a minimum,the citizen review final
report shall include details of techniques the applicant used to
involve the public.including:
1.Dates and locations of all meetings where citizens
were invited .to discuss the proposal.
Content.dates mailed.and number of mailings.
including examples of letters,meeting notices.
newsletters and other publications.
The location of residents.property owners.and
interested parties receiving notices.newsletters.
or other written materials:and
The number of people that participated in the
process.
5.A summary of concerns,issues and problems
expressed during the process including:
a.The substance of the concerns,issues.and problems.
b.How the concerns were addressed or resolved.
E.The applicant for a general or specific plan or planned development
amendment.rezoning.variance,or use permit hearing will erect a sign
on the subject property.not less than twenty (20)days prior to the
first public hearing date.providing notice of the nature of request.
date.time,and place of the scheduled hearing.The size.format.
placement and procedure for the sign shall be described by the
Development Services Director.or his or her designee.
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Prior to submittal of any site ..plan review.or preliminary plat or any
other review :or permit process.a's' determined bY the Development
Services Director or his or her designee.a pre -submittal review with
the Planning Department and City staff will be required.The purpose of
the pre -submittal review is:
a.To familiarize the City with the request.
To determine application requirements and familiarize
the applicant with the review process and procedures.
c.To identify land use and development policies which
may affect the outcome of the request.
d.To permit a cursory technical review at a conceptual
stage to identify conflicts in objectives and to
identify potential solutions for those conflicts.
e.To identify the requirements for citizen participation
and familiarize the applicant with related issues.
G.Once the citizen review process has been completed.the City shall
process the application consistent with A.R.S.Section 9-462.04.
H.A use permit and variance request may be exempted from the citizen
review process at the discretion of the Development Services Director
or his or her designee.depending on.but not limited to:1)the size
of the request:2)the compatibility with adjacent properties and uses:
and 3)how the request primarily affects all adjacent properties.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
I f any section.subsection,sentence.phrase.clause or portion of this
ordinance.or any part of the code adopted herein by reference.is for any
reason held to be invalid or unconstitutional by the decision of any court of
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competent jurisdiction.such ,decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION.ARIZONA.THIS 7TH DAY OF DECEMBER .2004.
SIGNED AND ATTESTED TO THIS7gTH DAY OF DECEMBER .2004.
DOUGLAS ZOLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
e - 4 4 1.z. 0+
RICHARD J.STERN
City Attorney
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