HomeMy WebLinkAboutOrd 2021-02 ORDINANCE NO. 21-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 2, PROCEDURES, ADDING SECTION 2.08,
CITIZEN PARTICIPATION
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend Chapter 2 of the Zoning Ordinance, Procedures,
to add Section 2.08, Citizen Participation; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the March 24, 2021 and
March 31, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021, and July 12, 2021, and by the Town Council on August 17, 2021, and September 7,
2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 2, Procedures, is amended by adding Section 2.08,
Citizen Participation, as follows:
Section 2.08 Citizen Participation
A. CITIZEN PARTICIPATION PLAN. EVERY APPLICATION FOR A MAJOR OR MINOR
GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT, OR SPECIAL USE
PERMIT SHALL BE ACCOMPANIED BY A CITIZEN PARTICIPATION PLAN
DESIGNED TO PROVIDE EFFECTIVE AND EARLY PUBLIC PARTICIPATION INTO
THE PROPOSED GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT OR
SPECIAL USE PERMIT. THE CITIZEN PARTICIPATION PLAN SHALL INCLUDE, AT
A MINIMUM, THE FOLLOWING:
1. A CONTACT LIST OR METHOD FOR NOTIFYING ADJACENT LANDOWNERS
AND OTHER POTENTIALLY AFFECTED CITIZENS OF THE PROPOSED
ACTION, THAT SHALL INCLUDE, BUT IS NOT LIMITED TO:
ORDINANCE 21-02 PAGE 2
A. PROPERTY OWNERS WITHIN THE MAXIMUM PUBLIC HEARING
NOTICE AREA REQUIRED FOR THE APPLICABLE TYPE OF
APPLICATION;
B. HOMEOWNERS ASSOCIATIONS AND OTHER NEIGHBORHOOD
ASSOCIATIONS AS IDENTIFIED BY THE TOWN THAT ARE LOCATED
WITHIN THE PUBLIC HEARING NOTICE AREA REQUIRED FOR THE
APPLICABLE TYPE OF APPLICATION;
C. INTERESTED PARTIES THAT HAVE REQUESTED IN WRITING THAT
THEY BE PLACED ON A CONTACT LIST FOR THESE TYPES OF
APPLICATIONS; AND,
D. OTHER INTERESTED PARTIES THAT MAY HAVE BEEN IDENTIFIED
BY THE TOWN.
2. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS MAY OBTAIN
INFORMATION OR UPDATES ABOUT THE PROJECT, SUCH AS
NEWSLETTERS, MAILINGS, SOCIAL MEDIA, AND MEETINGS.
3. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS WILL BE
PROVIDED AN OPPORTUNITY TO DISCUSS THE PROPOSAL WITH THE
APPLICANT, SUCH AS NEIGHBORHOOD MEETINGS, PHONE CONTACTS, E-
MAIL, VIRTUAL MEETINGS, OR DOOR-TO-DOOR VISITS.
4. THE APPLICANT'S PROPOSED SCHEDULE FOR IMPLEMENTATION OF THE
CITIZEN PARTICIPATION PLAN.
5. A STATEMENT EXPLAINING HOW THE APPLICANT PLANS TO KEEP THE
TOWN INFORMED ON THE STATUS OF THE IMPLEMENTATION OF ITS
CITIZEN PARTICIPATION PLAN, SUCH AS PROVIDING STAFF COPIES OF
NOTICES PRIOR TO MEETINGS WITH CITIZENS, AND CONTACT LISTS
USED TO NOTIFY POTENTIALLY AFFECTED CITIZENS.
B. CITIZEN PARTICIPATION REPORT. APPLICANTS SHALL PROVIDE A WRITTEN
CITIZEN PARTICIPATION REPORT TO THE TOWN DETAILING THE RESULTS OF
THE CITIZEN PARTICIPATION PLAN AT LEAST 10 TOWN BUSINESS DAYS PRIOR
TO THE FIRST SCHEDULED PUBLIC HEARING. THE CITIZEN PARTICIPATION
REPORT SHALL INCLUDE:
1. A LIST OF NAMES OF ALL CITIZENS AND INTERESTED PARTIES WHO
CONTACTED THE APPLICANT REGARDING THE PROPOSAL OR
ATTENDED ANY MEETINGS OR PRESESNTATIONS WHETHER IN PERSON
OR VIRTUALLY;
2. A SUMMARY OF CITIZEN CONCERNS, ISSUES, AND PROBLEMS
EXPRESSED DURING THE CITIZEN PARTICIPATION PROCESS AND HOW
THESE HAVE BEEN ADDRESSED; AND,
ORDINANCE 21-02 PAGE 3
3. COPIES OF COMMENT LETTERS, PETITIONS, EMAILS, AND OTHER
PERTINENT INFORMATION RECEIVED FROM CITIZENS OR OTHER
INTERESTED PARTIES.
C. THE APPLICANT MUST PROVIDE POTENTIALLY AFFECTED CITIZENS WITH
ENOUGH INFORMATION TO CREATE A REASONABLY ACCURATE PORTRAYAL
OF THE NATURE AND SCALE OF THE PROPOSED APPLICATION INCLUDING:
1. A GENERAL LOCATION MAP SHOWING THE PROPERTY OR AREA
CONSIDERED BY THE APPLICATION IN CONTEXT WITH SURROUNDING
PROPERTY;
2. A SPECIFIC SITE LOCATION MAP;
3. A TENTATIVE DEVELOPMENT PLAN OR SITE PLAN, AS APPLICABLE FOR
THE PROPOSED APPLICATION;
4. A LIST OF ANY IDENTIFIED DEVIATIONS FROM STANDARD ORDINANCE
REQUIREMENTS BEING CONSIDERED OR REQUESTED FOR THE
DEVELOPMENT;
5. THE CURRENT GENERAL PLAN OR ZONING CLASSIFICATION AND
AUTHORIZED USES OF THE PROPERTY OR AREA CONSIDERED BY THE
APPLICATION AND ANY PROPOSED CHANGES; AND,
6. THE ANTICIPATED SCHEDULE FOR DEVELOPMENT.
D. FAILURE TO COMPLY WITH THE CITIZEN PARTICIPATION PROVISIONS OF THIS
SECTION, OR A DETERMINATION BY THE DEVELOPMENT SERVICES DIRECTOR
THAT SUCH EFFORTS WERE INSUFFICIENT TO PROVIDE ADEQUATE
OPPORTUNITIES FOR CITIZEN PARTICIPATION, MAY RESULT IN
POSTPONEMENT, RESCHEDULING, OR DENIAL OF AN APPLICATION.
E. THE REQUIREMENTS IN THIS SECTION APPLY IN ADDITION TO ANY NOTICE
PROVISIONS REQUIRED ELSEWHERE IN THIS ZONING ORDINANCE OR BY THE
ARIZONA REVISED STATUTES.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
ORDINANCE 21-02 PAGE 4
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginn ickey, Mayor E izabe . Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
bnef 77 -
Grady E. Mi4own Manager Aaron D. Arnson, Town Attorney