HomeMy WebLinkAboutRES 04-33RESOLUTION NO.04-33
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION.ARIZONA.APPROVING GENERAL PLAN AMENDMENT
GPA-2-04.THE DEFINITION OF GENERAL PLAN MAJOR AND MINOR
AMENDMENTS.
WHEREAS.the Mayor and City Council.on November 2.1999.adopted
the City of Apache Junction General Plan:and
WHEREAS.Arizona Revised Statutes Section 9-461.05(A)requires a
municipality's general plan to include provisions that identify changes
or modifications to the plan that constitute amendments and major
amendments:and
WHEREAS.Arizona Revised Statutes Section 9-461.06(H)requires
that the governing body of each municipality in Arizona provide a
written criteria to define a Major and Minor Amendment to the City
General Plan:and
WHEREAS.on November 23.2004.the Apache Junction Planning and
Zoning Commission held a public hearing regarding GPA-2-04 which sets
forth the General Plan Major and Minor Amendment definitions:and
WHEREAS.the Planning and Zoning Commission recommended approval
of GPA-2-04 by a vote of 6 to 0:and
WHEREAS.the Mayor and City Council has complied with the
requirements for the preparation and adoption of a General Plan
Amendment pursuant to Arizona Revised Statutes Annotated Section
9-461.06:and '
.WHEREAS.the Mayor and City Council make the following Findings of Fact
of the 1999 Apache Junction General Plan to support the approval of GPA-2-04:
1)Arizona Revised Statutes Section 9-461.06(H)requires that
the governing body of each municipality in Arizona provide
a written criteria to define a major and minor amendment to
the City General Plan..
RESOLUTION NO 04-33
PAGE 1 OF 2
2)City staff provided documents-and written analysis with
options.initiated discussions,provided public notice.
attended neighborhood meetings and held public hearings
pursuant to Arizona State Statutes.
NOW.THEREFORE.BE IT RESOLVED by the Mayor and City Council of the
City of Apache Junction.Arizona.that:
GPA-2-04.the -Definition of Major and Minor Amendments -be
approved and adopted to the City ofApache Junction 1999
General Plan as:Chapter II General Plan Elements:A.Land Use.
by adding.Definition of Major and Minor Amendments.as set
forth in the attached Exhibit A.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION.ARIZONA.THIS 7TH DAY OF _DicEmBER_.2004
SIGNED AND ATTESTED TO THIS 7TH DAY OF DECEMBER 2004
DOUGLAS)COLEMAN
Mayor
ATTEST:
t --
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 P 12oi-oy..
RICHARD J.STERN
City Attorney
RESOLUTION NO 04-33
PAGE 2 OF 2
EXHIBIT A
DEFINITION OF MAJOR AND MINOR AMENDMENT
Definition of Minor Amendment:
A minor amendment is an amendment to the City of Apache Junction 1999 General Plan and may
be initiated by the City Council, Planning and Zoning Commission, or a private property owner.A
minor amendment does not cause a substantial alternation of the City's land use mixture or balance
for the area of the city in question. Minor amendments are any change that does not meet one or
more of the major amendment criteria.Minor amendments may be considered by the City Council
throughout the calendar year according to the regular public hearing scheduling process.
Definition of Major Amendment:
A major amendment is an amendment to the City of Apache Junction 1999 General Plan that
represents a substantial alternation of the City's land use mixture or balance for the area of the city
in question.Source A.R.S. 9-461.06G.
The criteria to determine whether a proposed amendment is a major amendment to the General
Plan are:
A proposal represents a substantial alteration of the City land use mixture or balance
Substantial alteration is defined as:
1) Increase of intensities or densities of land uses for a specific amount of acres.
2) Decrease of a desired land use. This could include loss of open space,
Commercial, industrial, or residential acreage.
3) Any change in a land use category of acreage as defined by the Balance Matrix.
Balance Matrix - Any proposed amendment that would cause a change in the City land use
balance as defined in the Land Use Balance Matrix.
H.Text changes:A text amendment is a project or application that will amend any portion of
the General Plan through the creation, modification, or elimination of a goal,.objective,
policy, report, or finding.
HI.Map changes:A map amendment is an application to change or modify any land use
category.
N .A Specific Area Plan.
V.The project results in significant alteration of a general plan element.
VI.The proposal is not in compliance with one or more goals or policies.
VII.Changes in boundaries of the land use map.•
, .
LAND USE BALANCE MATRIX
l:tirren1
Cencral
1.:111(1 Ilse
2111=111 11=1111
De,it.,[1:iiitin
Low Density Loss of less than 2.5 acres &
Residential proposal adjacent to compatible
(GR, R1-43)*land use.
Loss of 2.5 to 10 acres.X
Loss of more than 10 acres X
Residential Loss or increase of less than 10 units
(Other than and proposal adjacent to compatible
GR, R1-43)land use.
Loss or increase of 10 to 50 dwelling
units X
Loss or increase of more than 50
dwellings units X
Commercial Loss or increase of less than 5 acres -.
and proposal adjacent to compatible
land use.-
Loss or increase of 5 to 10 acres of
commercial space X
Loss or increase of more than 10
acres of commercial space
X
Industrial Loss or increase of less than 5 acres
and proposal adjacent to compatible
land use
Loss or increase of 5 to 10 acres of
industrial space
X
Loss or increase of more than 10
acres of industrial space
X
Open Space Loss of less than 5 acres and
proposal adjacent to compatible land
use
Loss of 5-10 acres of open space
X
Loss of more than 10 acres of
open space X
* Compatibility is defined as:The characteristics of different uses or activities that permit them to
be located near each other in harmony and without conflict.
Procedures for General Plan Amendments:
In pursuant to Arizona Revised Statutes:
• The Director has the responsibility to determine if a project meets the major or minor
amendment criteria.After that determination the proposal follows the General Plan amendment
case process.
• The City Council will consider major amendment proposals to the General Plan once a year.
• Proposals must be heard within the same calendar year they are submitted.
• A 2/3 majority vote of the City Council is needed for approval.
• All major amendment applications must meet the Citizen Review requirements provided in the
state statutes for "effective, early and continuous public participation in the development and
major amendment of the General Plan from all geographic, ethnic and economic areas of the
municipality".
Synopsis of the Major Amendment process and schedule:
1.Application submittal.
2.Proposal review by staff
3.The Planning and Zoning Commission holds two public hearings on a Major Amendment
proposal and one public hearing on a Minor Amendment proposal. The Commission forwards its
recommendation to the City council.
4. There is a 60 days public review period between the second P&Z hearing and the Council
hearing date.
5.The City Council holds one public hearing.If the council creates "substantial" changes to the
P&Z recommendation then the proposal goes back to the P&Z.
6. If the Council approves the proposed amendment a resolution is adopted amending the General
Plan, subject to a 30 day appeal.
Example of:Deadline and Hearinr Dates for a General Plan Amendment
Application Staff Analysis Two (2) Planning City Council
Deadline and Report & Zoning Public Hearing
Commission Public
Hearings.
60 to 80 days after
May15 May through July 4 th Tuesday of July,P&Z. Between
4 th Tuesday of August September &
October