All applications for a Specific Plan shall be considered by the Commission at a public hearing, advertised in accordance with Section 151.27.004.A. This public hearing shall be held no later than 60 days following the applicant's submittal of a complete Specific Plan application in accordance with the provisions of Section 151.27.003.D, unless a longer period is agreed to in writing by the applicant.
A. Public Notice
Notice of the time, date and place of the public hearings, including a general explanation of the matter to be considered and/or including a general description of the area affected, shall be given at least 15 days before each hearing in the following manner:
1. Each notice of public hearing shall be published at least once in a newspaper of general circulation published or circulated in the City and posted at City Hall, the Public Library, the Community Center and seven other locations in the City that the City Clerk may deem necessary or advisable.
2. Notice of the time, date and place of the hearing shall be posted on the affected property. A posted notice shall be printed so that the following are visible from a distance of 100 feet: the words "Specific Plan", the present zoning district classifications, the proposed zoning district classification (Specific Plan) and the date and time of the hearing.
3. Notice of the time, date and place of the hearing shall be mailed by certified mail to the owner(s) and applicant(s) or agent.
4. Notice of the time, date and place of hearings shall be sent to all owners of property within 300 feet of the affected property. Unless otherwise provided, addresses for a mailed notice required by this Code shall be obtained from the County's real property tax records. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this Code for notice. In addition to persons who receive notice as required by the matter under the consideration, the City may provide notice to others if it has reason to believe that they are affected or otherwise represent an interest that may be affected by the proposed development.
5. In proceedings for land which abuts other municipalities or unincorporated areas of the County or a combination thereof, copies of the notice or public hearing shall be transmitted to the planning agency of such governmental unit controlling such abutting land.
6. In proceedings governed by this Section, the City shall provide notice to real property owners pursuant to at least one of the following notification procedures:
a. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
b. The City shall publish such changes prior to the first hearing on such changes in a newspaper or general circulation in the City. The changes shall be published in a "display ad" covering not less than 1/8 of full page.
7. If notice is provided pursuant to Subsections (b) or (c) of Paragraph 7, 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.
8. Notwithstanding the notice requirements set forth in Subsection A of this Section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
B. Recommendation by Director of Community Development. The Director of Community Development shall review the specific plan application for the purpose of formulating a written recommendation to the Commission. The recommendation may include, among other factors, discussion of the following:
1. Conformance of the proposed Specific Plan with the Sierra Vista General Plan and other applicable land use plans adopted by the City.
2. Assessment of the Site and Area Analysis Report described in Section 151.27.002.E.
3. Analysis of the expected impact of the proposed development on the site and surroundings.
4. Special regulations necessary for the proposed Specific Plan.
The written recommendation to the Commission shall be available for public inspection at least ten days prior to the date of the Commission public hearing.
C. Public Hearing
1. After proper public notice, the Commission shall conduct a public hearing on the application, at which interested parties shall be heard.
2. The Commission shall recommend regulations necessary to protect the public health, safety, and welfare, and may recommend regulations unique to the plan or specific instructions for plan administration.
3. The Commission may continue the public hearing or its consideration of the proposed Specific Plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Commission on its own initiative or at the request of the applicant or affected property owners.
4. Within 30 days following the public hearing the Commission shall transmit a written recommendation on the application to the City Council.
D. Superseding Effect. If there is a conflict between the provisions of this Article 151.27 and Section 151.31.004, the stricter of the two shall apply to the rezoning of property to the Specific Plan Zone.
(Ord. 953, passed 5-12-94)
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