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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F. Whether events subsequent to the Eloy General Plan adoption have superseded the original premises and findings made upon plan adoption.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)
The purpose of this section 21-6-5 is to provide procedures consistent with applicable State requirements to remove, revise and/or augment the text of the Zoning Ordinance. (Ord. 18-880, 7-23-2018)
A. Pre-Application Conference: Prior to the submission of an application for a text amendment, all individual or group 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 text amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a zoning text amendment application shall include:
1. A written narrative identifying the section of the Code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the adopted Eloy General Plan and why the text amendment is necessary;
2. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for an amendment to the zoning text.
C. Citizen Review Process:
1. As an acceptable substitution for conducting a neighborhood meeting, a citizen comment session shall be held at a work session of the Planning and Zoning Commission scheduled at least five (5) days prior to the public hearing at the Planning and Zoning Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal.
2. Notice of the citizen comment session shall be provided by the applicant at least ten (10) days prior to the Planning and Zoning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Zoning Administrator for the proposed text amendment shall be considered sufficient. The method of notice served may include, but is not limited to, the following:
a. A notice of a citizen comment session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application.
b. Publication in a local newspaper of general circulation distributed to residents living within the City.
c. Posting at a minimum of four (4) public places within the City.
d. Posting on the official City website.
D. Application Review And Report: Upon receipt of a complete text amendment application, the Development Review Committee shall review the proposed text amendment for consistency with the goals and objectives of the adopted Eloy General Plan. The Zoning Administrator shall 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: Amendments to the text of this chapter involving either a ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed, a ten percent (10%) or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a ten percent (10%) or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per Arizona Revised Statutes section 9-462.04.
The City shall provide, at least fifteen (15) calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following notification procedures:
1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the proposed change(s).
2. If the Municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the Municipality may include notice of such changes with such utility bills or other mailings.
3. The Municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the City. The changes shall be published in a "display ad" covering not less than one-eighth (1/8) of a full page.
4. If notice is provided pursuant to subsection E2 or E3 of this section, the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice.
F. Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with modifications, or denial of the subject application. The Planning and Zoning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the Planning and Zoning 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 meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Formal approval shall occur by written ordinance. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.
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)
In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to:
A. The proposed amendment will promote the public health, safety, and general welfare;
B. The proposed amendment is consistent with the adopted Eloy General Plan and the stated purposes of this chapter; and
C. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions. (Ord. 18-880, 7-23-2018)
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