21-6-3: REVIEW AUTHORITY:

Table 6.3-1 of this section identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this chapter, unless otherwise stated within each applicable procedure section.

   TABLE 6.3-1

   REVIEW AUTHORITY

 

R = Review

Rec = Recommendation

D = Decision

Procedure	Section	Role Of Review Authority
		Zoning Administrator	Board Of Adjustment	Planning And Zoning Commission	City Council
General Plan amendments	21-6-4	R		Rec	D
Amendment to Zoning Code text	21-6-5	R		Rec	D
Amendment to Zoning Map	21-6-6	R		Rec	D
Conditional use permit	21-6-7	R		Rec	D
Temporary use permit	21-6-8	D
Variance	21-6-9	R	D
Sign permit, Comprehensive Sign Plan	21-6-10	D
Master Sign Program	21-6-10	R		Rec	D
Site plan review	21-6-11	D		D (If referred to Planning and Zoning Commission)
Annexation	21-6-12	R		R	R/D

 

(Ord. 18-880, 7-23-2018)

21-6-4: GENERAL PLAN AMENDMENT:

21-6-4.1: PURPOSE AND APPLICABILITY:

The purpose of this section 21-6-4 is to provide procedures by which changes may be made to the text or map of the adopted Eloy General Plan. (Ord. 18-880, 7-23-2018)

21-6-4.2: INITIATION OF AMENDMENTS:

An amendment to the adopted Eloy General Plan text or map may be initiated by:

   A.   City Council on its own motion;

   B.   The Planning and Zoning Commission;

   C.   The Zoning Administrator; or

   D.   The owner of the subject property or authorized agent. (Ord. 18-880, 7-23-2018)

21-6-4.3: TIMING OF AMENDMENTS:

   A.   Major Amendments: All applications for major amendments to the adopted Eloy General Plan shall be heard by the City Council at a single hearing during the calendar year in which they are filed. Applications for major amendments shall be filed by the date provided on the application schedule in order to be considered in that calendar year.

   B.   Minor Amendments: Applications for minor amendments may be filed and heard at any time during the calendar year. (Ord. 18-880, 7-23-2018)

21-6-4.4: GENERAL PLAN AMENDMENT APPLICATION PROCESS:

   A.   Pre-Application Conference: Prior to the submission of an application for a General Plan amendment, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.

   B.   Application Submittal: A complete application for a General Plan amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article.

   C.   Citizen Review Process: All applications to amend the adopted Eloy General Plan shall be subject to a citizen review process. The Zoning Administrator may establish additional procedures for the citizen review process. The citizen review process shall, at a minimum, conduct a neighborhood meeting in accordance with the procedures set forth in section 21-6-2.3, "Citizen Review Process", of this article.

   D.   Application Review And Report: Upon receipt of a complete General Plan amendment application, the Development Review Committee shall review the proposed amendment and Zoning Administrator prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.

   E.   Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article. In addition, at least sixty (60) days before a new General Plan or major amendment of a General Plan is noticed pursuant to this subsection, the Community Development Department shall transmit the proposal to the Planning and Zoning Commission and the City Council and shall submit a copy for review and further comment to:

      1.   The Pinal County Planning Department;

      2.   Each municipality that is contiguous to the corporate limits of the City;

      3.   The regional planning agency;

      4.   The State agency that is designated as the general planning agency for the State of Arizona;

      5.   Any ancillary military facility as defined under State law, if an element of or amendment to the General Plan is applicable to territory in the vicinity of such a facility;

      6.   The Attorney General, if an element of or major amendment to the General Plan is applicable to property in the high noise or accident potential zone of any ancillary military facility, as defined under State law; and

      7.   Any person that requests in writing to receive a review copy of the proposal.

   F.   Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall conduct at least one public hearing for all General Plan amendments. The Planning and Zoning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the commission fails to make a recommendation to the City Council within ninety (90) days after closing the public hearing, the Planning and Zoning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.

   G.   City Council Review And Action: The City Council shall review the application in a public hearing. The City Council may approve, approve with modifications or deny the application. Approval of any major amendment to the General Plan shall require an affirmative vote by at least two-thirds (2/3) of the members of the Council. Approval shall be by resolution.

   H.   Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)

21-6-4.5: ISSUES FOR CONSIDERATION:

In determining whether to approve, approve with conditions, or deny proposed General Plan amendments, issues for consideration shall include but not be limited to:

   A.   Whether the development pattern contained in the future land use plan provides appropriate optional sites for the use proposed in the amendment.

   B.   That the amendment constitutes an overall improvement to the Eloy General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.

   C.   The degree to which the proposed amendment will impact the City as a whole or a portion of the City by:

      1.   Significantly altering acceptable existing land use patterns.

      2.   Requiring larger and more extensive improvements to roads, sewer, or water systems than are needed to support the prevailing land uses in which, therefore, may negatively impact development of other lands. The commission and/or the City Council may also consider the degree to which the need for such improvements will be mitigated pursuant to binding commitments by the applicant, a public agency, or other sources when the impacts of the uses permitted pursuant to the General Plan amendment will be realized.

      3.   Adversely impacting existing uses due to increased traffic on existing systems.

      4.   Affecting the livability of the surrounding area or the health and safety of present or future residents.

   D.   That the amendment is consistent with the overall intent of the adopted Eloy General Plan.

   E.   Whether there was an error or oversight in the original Eloy General Plan adoption that did not fully consider facts, projects or trends which could reasonably exist in the future.

   F.   Whether events subsequent to the Eloy General Plan adoption have superseded the original premises and findings made upon plan adoption.

   G.   Whether events subsequent to the Eloy General Plan adoption may have changed the character and/or condition of the area so as to make the application acceptable.

   H.   The extent to which the benefits of the plan amendment outweigh any of the impacts identified in subsections A through G of this section. (Ord. 18-880, 7-23-2018)