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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☐ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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Community Planning |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Text Amendment: Zoning Amendments
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SUMMARY RECOMMENDATION: Summary Recommendation
Amend Title 15, Chapter 154, Article 3 to address timelines for the review of zoning applications. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The proposed text amendment will ensure that City regulations reflect recent modifications to the state law, supporting the City Council’s strategic outcome of Respected and Responsible.
REPORT:
The purpose of this text amendment is to align the City of Yuma zoning code with recent legislative changes for review of zoning map amendment applications. The change in statute requires a maximum 30 days administrative review to determine whether a zoning application is complete. Once complete, the municipality shall approve or deny the application within 180 days from the date the application is administratively complete.
As required by Senate Bill 1162, the proposed Yuma City Code text amendment establishes a 30-day timeline for staff review of applications for completeness. In accordance with the new statute, the proposed text amendment further requires a written response from the City identifying any deficiencies in the application within that 30-days.
The Arizona legislature implemented this change to require cities and counties to review applications and either approve or deny zoning in a timely manner. This appears to be an issue in other parts of Arizona but rarely an issue within the City of Yuma. Staff review of applications typically happens within 1 to 2 days and this legislative change is not anticipated to have any effect on current City processes. Senate Bill 1162 also provides direction on allowing time extensions for zoning approval or denial by the municipality for “extenuating circumstances, a onetime extension of not more than thirty days” may be granted, or a 30-day extension may be granted for each “applicant request.”
Senate Bill 1162 also adds clarification as to which properties would be included in a filed protest for a zoning application. Currently if the owners of 20% or more of those located within the requested change or within 150 feet of a requested change file a protest in writing this will prompt the requirement that a three-fourths vote (rounded to the nearest whole number) of the City Council will be necessary for a zoning change request to be successful. The statute change excludes government properties from the 20% requirement. The proposed amendment to the Yuma City Code also amends the corresponding 20% rule to exclude government property.
On October 28, 2024, the Planning and Zoning Commission voted to recommend APPROVAL (6-0) of the request by the City of Yuma for a Zoning Code Text Amendment to amend Title 15, Chapter 154, Article 3 to address timelines for the review of zoning applications.
PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:
QUESTIONS FOR STAFF
“Commissioner Greg Counts asked what the current timeline is. Jennifer Albers, Assistant Director of Planning, stated that there is no required timeline now.
PUBLIC COMMENT - None
“Motion by Greg Counts - Planning and Zoning Commissioner, second by Chelsea Malouf - Planning and Zoning Commissioner, to APPROVE ZONE-43152-2024 to address timelines for the review of zoning applications.
“Motion carried unanimously (6-0), with and Ashlie Pendleton - Planning and Zoning Commissioner absent.”
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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Jennifer Reichelt for John D. Simonton |
11/25/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
11/21/2024 |