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3.6.9.   PLANNING COMMISSION RECOMMENDATION AND RECONSIDERATION
   A.   General
      1.   Except for redevelopment plans, the Planning Commission may close a public hearing or may decide to continue a public hearing to a future time and place provided the hearing is closed and a recommendation, including a statement of the reasons for the recommendation, is issued within 180 of the date of the initial hearing. The PDSD shall transmit to the Mayor and Council the application, Planning Commission’s recommendation and findings or other action of the Planning Commission, and the City Manager’s recommendation.
      2.   If the Planning Commission fails to issue a recommendation within the prescribed time, the application will be forwarded to the Mayor and Council for a decision together with a statement of the reasons for the positions taken by members of the Planning Commission.
   B.   Redevelopment Plans
   For redevelopment plans, the Planning Commission reviews the plan for compliance with the and any applicable at a public meeting or a public hearing. The Planning Commission shall forward a recommendation to Mayor and Council within 30 from the date of its receipt of the plans for review. If no recommendation is forwarded within 30 , the Mayor and Council may proceed with the public hearing on the redevelopment plan.
   C.   Reconsideration
   The Planning Commission may, by majority vote of all members, choose to reconsider a decision made on a , provided the vote to reconsider is made within 30 of the date of the original decision. Reconsideration may not take place earlier than 14 from the date of the original decision, unless reconsideration occurs at the same meeting as the original decision. If the reconsideration occurs at a different meeting, all noticed for the public hearing before the Planning Commission must be notified prior to the reconsideration. This notification shall include the time, date, and location of the reconsideration. If the Planning Commission’s decision is not reconsidered within the specified time period and the decision was to deny, the case shall be closed administratively. If, after reconsideration, the decision is to reaffirm a denial, the case shall be closed administratively immediately after the reconsideration.
3.6.10.   MAYOR AND COUNCIL’S PUBLIC HEARING AND DECISION
   A.   Public Hearing
      1.   The Mayor and Council shall hold a public hearing prior to making a decision. The notice for the public hearing before the Mayor and Council shall be the same as the notice before the Planning Commission except for redevelopment plans.
      2.   For redevelopment plans, notice must be published once each week for two consecutive weeks, the last publication to be at least ten before the date set for the hearing.
   B.   Decision
      1.   The Mayor and Council may adopt, deny, continue the item, or remand the item to the Planning Commission. The Mayor and Council shall consider the application, the Planning Commission’s recommendation and the City Manager’s recommendation, and public comments when making their decision.
      2.   Adoption and re-adoption of an amendment to the shall be in with A.R.S. §9-461.06(G) and (K) and other applicable provisions.
   C.   Reconsideration by Mayor and Council
   The Mayor or a member of the Council may request the reconsideration of an authorization decision or a decision on a proposed ordinance provided the vote to reconsider is made at the original hearing or within 30 of the date of the decision. A consideration shall be scheduled upon a majority vote in favor of the reconsideration. If the reconsideration occurs after the time when the decision is initially made, then public notice of the reconsideration must be given in the same manner as for the initial decision.
3.6.11.   RE-APPLICATION
   New applications may not be accepted for any property that had a previous application acted upon by the Mayor and Council within one year of the date of that action, except as follows:
   A.   The application does not involve a request for a plan designation that was denied;
   B.   There has been substantial change in the use of the property to the   since the previous case was heard; or,
   C.   There has been an ownership change on the   and a substantially modified concept is presented.
3.7.    TEXT AMENDMENT PROCEDURE
3.7.1.   PURPOSE
   This section establishes a public process for amending the .
3.7.2.   APPLICABILITY
   The procedure provided in this Section 3.7 applies to text amendments to the , including text amendments to create or amend the regulations of an overlay affecting a specific area, but whose provisions are located within the .
   The establishment, amendment, or dissolution of overlay involving a rezoning of specific properties, as is the case with the Neighborhood Preservation and the Historic Preservation , is processed in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. (Refer to Article 5: Overlay to determine which overlay must be established, amended and dissolved in accordance with the Zoning Examiner legislative process.)
3.7.3.   INITIATION
   Text amendments may only be initiated by the Mayor and Council. The Mayor and Council may initiate a text amendment on their own initiative or at the request of the Planning Commission, staff, or a private individual who has submitted evidence that a public benefit would result from such an amendment. The PDSD is responsible for the development and coordination of a text amendment.
3.7.4.   DEVELOPMENT OF A TEXT AMENDMENT
   A.   Department Responsible
   The PDSD is responsible for the development and coordination of a text amendment. Staff shall submit a report and recommendation to the Planning Commission and make copies available to the public prior to the public hearing.
   B.   Public Outreach and Neighborhood Meeting Required
      1.   Text Amendments Creating or Enabling an Overlay
      A neighborhood meeting in accordance with Section 3.2.2 is required for text amendments to the that propose creating or enabling an overlay to apply to specific properties.
      2.   Text Amendments with Citywide Application
      The PDSD staff shall seek input on a proposed text amendment to the from the public. The manner and extent to which public input is conducted shall be determined by the PDSD on a per text amendment basis.
   C.   Application
    text amendments do not require submittal of an application.
   D.   Staff Review and Recommendation
    staff shall review each proposed amendment to determine, to the extent applicable, compliance with the , , the , and any other code or regulation that may pertain to the application. When appropriate, staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing. text amendments are not required to submit an application.
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