A. The program provides two amendment periods. Both major plan amendment and non-major plan amendment requests may be submitted during the three-month period commencing on the first regular business day of February and ending on the last regular business day of April. Only non-major plan amendments may also be submitted during the two-month period commencing on the first regular business day of August and ending on the last regular business day of September.
B. Purpose.
1. The plan amendment program provides opportunities to better promote implementation of:
a. Community values including principles of healthy communities and economic development;
b. Arizona state legislation — Growing Smarter (1998) and Growing Smarter Plus (2000) as may be amended, with particular emphasis given to planning for mixed use, compact development, multi-modal transportation opportunities, rational infrastructure expansion and improvements, conservation of natural resources, and the growth area element (where applicable);
c. Adopted plan policies.
2. The plan amendment program provides opportunities to address oversights, inconsistencies, or land use related inequities in the plan, or to acknowledge significant changes in a particular area since the adoption of the plan or plan updates.
B. Procedure.
1. Before setting a public hearing for a rezoning or specific plan application that does not conform with the plan, an amendment to the plan which would allow the rezoning or specific plan request shall be processed in accordance with the requirements of this chapter and development services department policies and approved by the board of supervisors.
2. Amendments to the plan may be requested by owners of the subject property, the development services department, the commission or the board.
3. Amendment requests within each amendment period are reviewed concurrently in order to analyze potential cumulative impacts.
4. Public participation, agency and jurisdictional review and comment, public notification and adoption requirements for plan amendment requests and elements shall be in accordance with ARS § 11-805.
5. Final action by the board shall be taken on all complete amendment requests submitted as soon as practicable, depending on the number and nature of amendment requests received. All major plan amendment requests shall be presented at a single public hearing before the board during the calendar year the proposal is made.
C. Contents of Amendment Requests.
1. Contents of complete requests for land use intensity category amendments. Complete requests shall include, at a minimum:
a. A completed application form;
b. A legal description or tax code number of the property for which the amendment is being requested;
c. A list, by name and title, of all ownership interest in the property (e.g., individual, corporation, trust, or limited partnership);
d. If applicable, a letter of authorization from the owner designating an agent to represent the property owner;
e. A sketch plan of the area of the proposed amendment drawn at an appropriate scale, showing property boundaries, existing improvements, general circulation, acreages and dimensions of existing and proposed land use intensity categories, and features of future development if known. If more than one land use intensity category is requested, the area proposed for each category must be clearly delineated on the sketch plan, showing the acreage and dimensions of each category, or under some circumstances specifically described in text;
f. Applicable fee for comprehensive plan amendment, in accordance with adopted fee schedule;
g. Any other requirement set forth in written departmental policies.
2. Contents of complete submittal for policy and other text amendment requests. Complete requests shall include, at a minimum:
a. A concise written description of the proposed amendment;
b. Evidence that public benefit would result from such amendment;
c. Any other requirement set forth in written departmental policies.
3. Incomplete requests shall not be processed. Determinations as to whether or not a request is complete may be appealed to the commission, provided such an appeal is requested in writing within ten business days from the date of determination.
D. Review and Comment.
1. Commission study session:
a. A study session is required if three or more non-major amendment requests are received or one or more major plan amendment requests are received within the same submittal period.
b. If a study session is required, the commission:
1) Shall review all of the amendment requests received within the same submittal period during the study session;
2) Shall set the amendments for public hearing;
3) May expand the public hearing notice for an amendment;
c. Public notice for the study session shall be given by publication once in a newspaper of general circulation in the county seat.
2. Commission public hearing:
a. At least one public hearing shall be held by the commission to consider and take testimony on each amendment request.
b. For each amendment request, the commission shall make findings and provide a recommendation to the board.
c. After the public hearing, the development services department shall transmit the public hearing summaries containing the findings and recommendations of the commission to the board.
d. The commission may continue the public hearing for a definite time not to exceed four months.
3. Board public hearing:
a. At least one public hearing shall be held to consider and take testimony on each amendment request.
b. The board may continue the hearing for a definite time not to exceed four months.
4. Board action and subsequent referral to the commission: The board shall consider amendment requests and may change the proposed amendment requests after first referring the changed portion back to the commission for its recommendation. The recommendation of the commission regarding the changed portion may be accepted or rejected by the board during a subsequent public hearing advertised in accordance with Section 18.89.040(D)(5) below.
5. Commission and board public hearing notice:
a. Land use intensity category amendment. The development services department shall provide public notice a minimum of fifteen days before the public hearings held by the commission and the board by:
1) Publication in a newspaper of general circulation in the county seat;
2) Mailing first class notice to property owners within the area proposed to be amended (amendment area) and, at a minimum, within three hundred feet of the proposed amendment area.
b. Regional, rezoning, and special area policy, and other plan text amendment requests. A minimum of fifteen days before the public hearing, the development services department shall provide public notice by one-eighth of a page display advertisement in a newspaper of general circulation in the county seat. The commission or board may expand notification by requiring mailing first class notice to property owners if there is a defined area affected by the amendment.
(Ord. 2016-37 § 1 (part), 2016)