7.B

CITY OF BUCKEYE
City Council Regular Meeting
Council ACTION REPORT

ACTION / MOTION: (This language identifies the formal motion to be made by the Council)

Council will hold a public hearing and take action on Ordinance No. 11-18 amending Chapter 7, Article 8.5.2 of the City of Buckeye Development Code to conform legal protest regulations with State Law.

RELEVANT GOALS:
GOAL 3: A Well-Planned Urban Community

PROJECT DESCRIPTION: 

In 2017, the State Legislature passed HB 2116 which amended State Statute (ARS 9-462.04) relating to municipal zoning legal protest requirements.  The new statute, which became effective August 2017, modifies the criteria which determine when a legal protest has been filed and a three-quarters vote of the City Council is needed to approve a rezoning request.  This amendment will align City Development Code with State Statute.

Under the proposed amendment a three-quarter vote of City Council will be required if 20% of the property owners by number and area in the "zoning area" appeal or protest a rezoning decision of the Planning and Zoning Commission.  The zoning area includes the parcel to be rezoned and all tracts, parcels, condominium units, and rights-of-way within 150-feet of the parcels to be rezoned.

BENEFITS:
Approving the amendment will align City development code with state statute.

FUTURE ACTION: Council and staff; does this need to be communicated internally/externally?
None.

FINANCIAL IMPACT STATEMENT: Must be completed before submission
N/A