Title
Public Hearing - State Statute Regarding Filing a Protest to Require a Three-Fourths Vote (HB 2116) Text Amendment - Z-TA-4-17 (Ordinance G-6362)
Description
This report requests City Council approval of a proposed text amendment to the Zoning Ordinance, Z-TA-4-17, to address changes to the Arizona Revised Statutes regarding filing a written protest to require a three-fourths vote for rezoning applications (House Bill 2116).
Report
Summary
The intent of this proposed text amendment is to modify the Zoning Ordinance to be consistent with the Arizona Revised Statutes regarding filing a written protest to require a three-fourths vote (House Bill 2116). The new state statute, effective Aug. 9, 2017, modifies the method to determine when a three-fourths vote of the City Council is required. Provisions of the new regulation include: 1) Requiring a three-fourths vote by the City Council to approve a zoning amendment if 20 percent of the owners of the property by area and numbers of lots, tracts and condominium units within the zoning area file a protest against the change; 2) Defining zoning area as the area of the proposed change or within 150-feet of the proposed change, including all rights-of-way; 3) Specifying the three-fourths vote of the governing body is to be rounded to the nearest whole number as outlined in Attachment B.
Concurrence/Previous Council Action
The Downtown, Aviation, Economy and Innovation Subcommittee recommended approval by a vote of 3-0 on Sept. 6, 2017. The Planning Commission heard this case on Aug. 3, 2017 and recommended approval per the memo from Racelle Escolar dated Aug. 3, 2017 (Attachment C) by a 6-0 vote as summarized in Attachment D.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development Department.