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HomeMy WebLinkAboutRES 04-36RESOLUTION NO.04-36 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.APPROVING GENERAL PLAN AMENDMENT GPA-6-04 THE PUBLIC PARTICIPATION ELEMENT TO THE GENERAL PLAN. WHEREAS.the Mayor and City Council.on November 2.1999.adopted the City of Apache Junction General Plan:and WHEREAS.citizen participation is the cornerstone of democratic government:and WHEREAS.Arizona Revised Statutes Section 9-461.06(C)(1)requires that the governing body of each municipality in Arizona adopt written procedures to provide effective.early,and continuous public participation in the development and major amendment of general plans from all geographic.ethnic and economic areas of the community:and WHEREAS.on November 23.2004.the Apache Junction Planning and Zoning Commission held a public hearing regarding GPA-6-04 which creates a public participation process for new development projects within the City:and WHEREAS.the Planning and Zoning Commission recommended approval of GPA-6-04 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 Element pursuant to Arizona Revised Statutes Annotated Section 9-461.06:and WHEREAS.this Council makes the following Findings of Fact of the 1.999 Apache Junction General Plan to support the approval of GPA-6-04. I)Arizona Revised Statutes Section 9-461.06(B)(1)requires that the governing body of each municipality in Arizona adopt written procedures to provide effective.early,and continuous- public participation in the development and major amendment of General Plans from all geographic. ethnic,and etonomic areas of the community. RESOLUTION NO.04-36 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-6-04.the "Public Participation Element -.be approved and adopted to the City of Apache Junction 1999 General Plan as Part F of Chapter III.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 DECEMBER .2004. SIGNED AND ATTESTED TO THIS aki ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: cle W - RICHARD J.STERN City Attorney RESOLUTION NO 04-36 PAGE 2 OF 2 DAY OF DEMMER 2004 MANDOUGLAS Mayor EXHIBIT A PUBLIC PARTICIPATION PROCESS Intent: Pursuant to Arizona Revised Statutes, any public hearing request for a General Plan amendment, rezoning, specific plan and planned development shall follow the Public Participation Process and prepare a Public Participation Plan.A Public Participation Plan for Conditional Use Permits and Variance requests shall be required at the discretion of the case planner. These requests require a complete application through the Department of Development Services Planning and Zoning Section. A complete application requires compliance with a multi -phase process:•• A.Pre -Application Meeting: A pre -application review by the Planning Department is •required prior to application of any request for a rezoning. B.Public Hearing Application:The Planning Department Will evaluate an application for completeness.A complete application shall contain at least the following information: 1.An Application form. 2.An Applicant's Public Participation Plan. 3.Statement the application complies with the Major Amendment requirements where applicable. 4.Any additional information specified by the Planning Director. 5.An application fee and any other required fee. C. Applicant's Public Participation Plan: 1.Applicant's Public Participation Plan and Final Report shall include: a.Report cover page. b.Description of the project and possible impacts c.How the applicant will inform the public about the proposed project and allow for public input. d.Issues that were raised through citizen contact. e.How the applicant will address issues raised by staff and the public. f.Applicants are not precluded from incorporating additional elements into their public participation program. D.Implementation of Public Participation Plan:Prior to the first public hearing on the application, applicants must have implemented their Public Participation Plan. 1.Applicants shall perform 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 within the public hearing notice area of 300 feet. b. Nearest school district(s) c. The head of any homeowners association or registered neighborhood group within the public notice area. d. Other interested parties who have requested that they beplaced on the interested parties' notification list Maintained by the Planning,Department. 2.Applicants shall.hold a neighborhood meeting or perform'a'project,notification, as determined by the case planner. E.Applicant's Public Participation Final Report: 1.Applicants shall provide a written report for approval on the results of their citizen participation effort prior to the notice of public hearing. This report will be attached to the Planning Department's public hearing case report. 2.At a minimum, the Public Participation Final Report shall include the following information: a.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. 2) Content, dates mailed, and number of mailings, including examples of letters, meeting notices, newsletters and other publications. 3) The location of residents, property owners, and interested parties receiving notices, newsletters, or other written materials; and 4) 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. F.Site Posting Requirements: 1. The applicant for a general plan amendment, rezoning, variance and use permit hearing will erect, not less than 20 days prior to the first public hearing date, a sign on the subject property providing notice of the nature of request, date, time, and place of the scheduled hearing. a. The size, format, placement and procedure shall be described by the Department of Development Services. G. Pre -submittal Review Process:The intent of this process is to formalize early review by City staff of proposed projects. 1.Pre -submittal meeting: Prior to submittal of any site plan review, or preliminary plat or any other review or permit process, as determined by the Development Services Director, 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; B. 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; and E. To identify the requirements for citizen participation and familiarize the . applicant with related issues. PROJECT PROPOSAL PREAPPLICATION MEETING APPLICANT SUBMITS PUBLIC PARTICIPATION PLAN APPLICANT HOLDS 14 PUBLIC MEETING LAPPLICANT'S PUBLIC INPUT REPORT CASE PUBLIC HEARING NOTIFICATION PLANNING STAFF CASE REPORT PUBLIC COMMENT INPUTS PUBLIC HEARING Development proposal Public Review process flow chart: