The Town Council may periodically amend, supplement or change provisions to the Town of Payson General Plan. Any such proposed changes may be initiated by staff, Council, Commission, or by petition and application of property owners.
(A) Application for amendments.
(1) An application for an amendment to the General Plan shall be filed with the Community Development Department on forms provided.
(2) A complete application for amendment shall require a detailed description of the request and the specific grounds or reasons for the proposed amendment.
(3) The application shall be accompanied by payment of the appropriate fee on the schedule of such charges as adopted by the Town Council. None of such fees shall be refundable. Staff, Council or Commission initiatives to amend the General Plan shall not be required to pay the application fee.
(4) Applications for major amendments shall only be considered by the Town Council once a year.
(5) A complete application shall include a map showing the area to be amended in the land use element and the surrounding land use designations.
(B) Requirements for application to amend the General Plan. In the event that an application to amend the General Plan, Land Use Element includes properties other than that owned by the applicant, before the application will be accepted for processing, the applicant shall file a petition in favor of the request signed by the real property owners, or their agent or attorneys which show a representation of at least 75% of the total number of property owners affected. Such petition shall bear the property owners' signatures, addresses, and legal description of their property.
(C) Process to amend.
(1) Amendments to the General Plan shall require a broad dissemination of proposals, opportunity to review and consider comments, and notice to various public offices.
(a) Prior to initiating the process to provide an amendment to the General Plan staff shall provide notice and seek input from the Town Council.
1. Notice of Town Council discussion shall be published in the local newspaper with a brief description of the proposed amendment at least ten days prior to the scheduled meeting to discuss.
2. Public service announcement shall be distributed to the local radio station at least ten days prior to the Council discussion.
(b) Copies of the application and staff report shall be transmitted to the all government offices within the Payson area as well as the Central Arizona Association of Governments and the Arizona Department of Commerce.
(c) Transmittals to the above recipients in divisions (a) and (b) above shall include instructions to allow written comments to be transmitted to the Commission and Council prior to the public hearing or attendance at the hearing to provide comments.
(d) The Commission and the Town Council shall provide opportunity for those wanting to provide written or verbal comments to be heard and considered.
(e) Notice of public hearings shall be in accordance with A.R.S. § 9-461.06.D.
(f) Public hearings for major amendments shall only be considered once a year during the calendar year in which the application was submitted.
(D) Staff review.
(1) A complete application to amend the General Plan, Land Use Element, shall be submitted to the Community Development Director, and shall be reviewed and a report prepared to the Planning and Zoning Commission.
(2) The Community Development Director shall consult with, advise, and provide an opportunity for official comment by public officials and agencies to include, the county, school districts, regional planning agency, public land management agencies, other appropriate governmental jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan.
(E) Commission review and action.
(1) The Planning and Zoning Commission shall hold at least one public hearing before approving a General Plan or any amendment to the General Plan. Notice of the time and place of a hearing and availability of studies and summaries related thereto shall be given at least 15 and not more than 30 calendar days before the hearing by publication at least once in a newspaper of general circulation published or circulated in the municipality.
(2) At least 60 days before the General Plan or a portion, element or major amendment of a General Plan is adopted, the Community Development Department shall transmit the proposal to the legislative body, and submit a copy for review and further comment to:
(a) The planning agency of the county in which the town is located.
(b) Each county or municipality that is contiguous to the corporate boundaries of the town.
(c) The regional planning agency within which the town is located.
(d) The Arizona Department of Commerce or any other state agency that is subsequently designated as the general planning agency for the state.
(e) Any person or entity that requests in writing to receive a review copy of the proposal.
(3) Action by the Planning and Zoning Commission on the general plan or any amendment to the plan shall be transmitted to the Town Council.
(F) Council review and action.
(1) At the completion of the 60 day review process the Town Council shall schedule at least one public hearing before adopting or readopting the General Plan or any amendment to the General Plan.
(2) Notice of the time and place of the public hearing and availability of studies and summaries related thereto shall be given at least 15 and not more than 30 calendar days before the hearing by publication at least once in a newspaper of general circulation published or circulated in the municipality.
(3) The adoption or re-adoption of the General Plan or any amendment to such Plan shall be by resolution of the Town Council
(4) The adoption or re-adoption of or a major amendment to the General Plan shall be approved by affirmative vote of at least two-thirds of the members of the Town Council.
(5) A copy of the adopted General Plan of the town shall be sent to the planning agency of the county.
(G) Voter ratification requirements.
(1) Each new General Plan adopted by the Town Council shall be submitted to the voters for ratification at an election held pursuant to A.R.S. § 16-204.
(2) The Town Council shall include a general description of the plan and its elements in the municipal election pamphlet and shall provide public copies of the plan in at least two locations that are easily accessible to the public.
(3) If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law.
(4) If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters. Note: The Town Council may resubmit the proposed new plan, or revise the new plan for subsequent submission to the voters.
(Ord. 466, passed 2-22-96)