COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Discussion and Action: Ordinance No. 24-1351 Amending Lake Havasu City Code Title 14, Zoning (Development Code), Sections 14.05.03, Standard Regulatory Procedures, to Add Time Frames for Administrative Completeness of Zoning Applications and 14.05.04(K)(5), Zoning Map Amendment Protest, to Exclude Government Owned Property from Protest Property Area (Adoption) (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider adoption of an ordinance amending City Code Sections §14.05.03 and §14.05.04(K)(5) to adhere to new legislative mandates from the State of Arizona to establish plan review completeness and final action timeframes and remove government-owned property from inclusion in zoning change protest petition calculations.
BACKGROUND:
The text amendments contained in this request, and attached as tracked changes, are necessary due to recent changes in Arizona State Law taking effect on January 1, 2025, as follows:
Actions mandated by Arizona Senate Bill 1162 (2024): Arizona Senate Bill 1162 recently passed and signed by the Governor on April 23, 2024, requires the following actions (the full bill is attached):
1. Excludes all government-owned property from inclusion in calculations of area required for Zoning Protest Petitions, including rights-of-ways, parcels, and some easements (that do not overlay onto privately owned land).
2. Establishes time frames for zoning application completeness determinations and for final approval or denial thereof (including extensions thereto).
3. A third part of this Bill relates to requiring an annual housing needs assessment report and an every 5-year housing needs assessment which does not require changes to the Development Code and is currently being addressed by the Arizona League of Cities and Towns to provide a collective solution for its member organizations.
The Planning Commission unanimously recommended approval by a 7-0 vote at its November 20, 2024, Regular Meeting.
COMMUNITY IMPACT:
The proposed amendments will bring the City into compliance with Arizona State statute. Plan review timeframes are already timely so there should not be a significant change from current operations. Excluding government owned property from the protest area calculation could primarily impact rezoning cases for the applicant in the event of a protest.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 24-1351 (Tracked)
Tracked Changes Development Code Amendments
Arizona Senate Bill 1162 (2024)
SUGGESTED MOTION:Recommended Action
I move to adopt Ordinance No. 24-1351 amending Lake Havasu City Code Sections 14.05.03 and 14.05.04(K)(5).