The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code.  Since its adoption, the code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant’s requests (West University Drive Entrance Sign District), and to address changes in state law and U.S. Supreme Court decisions (i.e. Reed vs the Town of Gilbert).  In addition, on July 2, 2019 the City Council approved an amendment to the Zoning Code to address a series of technical, conflict resolution, and clarity modifications – as well as the addition of the Seasonal Amusement/Entertainment and Sales, Indoor and related provision to the into the Light Industrial (LI) zone.

The proposed amendment (Case No. PZ-19-00094) includes multiple changes to the Zoning Code to resolve conflicts, incorporating technical corrections, add clarity, and to simplify the existing requirements.  New provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.

Proposed Amendment
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporate technical corrections, add clarity, and/or to simplify the existing requirements.  New provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.

The most significant of the modifications include:

• Limiting the land use of Animal Keeping to be an accessory use in most residential districts, and as a primary allowed use in the Rural Residential (RR) zone and Estate Rural (ER) on lots or parcels with five acres, or greater (These changes have been reviewed with the City's Sustainability Staff);
• Adding provisions to allow existing residential subdivisions, and homes within these subdivisions, to be developed or modified in accordance with the setback and lot size provisions shown on record subdivision plat approved by the City Council;
• Adding outdoor storage as a primary allowed use in the Heavy Industrial (HI) zone and Heavy Industrial – Open (HI-O) zone;
• Incorporating standards for daycare home and daycare center in compliance with the State of Arizona requirements; and
• Limiting the size of a vehicle that may be stored in the Industrial, Light – General land use to FHA class 6 vehicle and smaller.

Summary of the Staff Revisions to Zoning Code:
The proposed amendment includes:

1. Notice of Public Hearings (Section 10-20.30.080): Changes to the public hearing notice for preliminary plats and uses within a public facility zone.
2. Minor Improvement Permits (Section 10-20.40.080):  Changes to clarify the requirements.
3. Temporary Use Permits (Section 10-20.40.150): Incorporate changes to relocate and modify the requirements pertaining to temporary storage structures, off-site temporary construction trailer(s), and exemptions.
4. Residential Zones (Section 10-40.30.030): Incorporate modifications to the land use, building form, and miscellaneous requirements. A summary of the modifications includes changes to: animal keeping as primary land use; relocation of requirements to other sections; setback modifications; allowances for lot sizes and setbacks for previously platted subdivisions.  In addition, the modifications include changes to various, miscellaneous, technical, term and cross-references, and relocation of provisions.
5. Commercial Zones (Section 10-40.30.040): Incorporate modifications to the allowed uses, building form, and miscellaneous requirements. A summary of the modifications includes changes to:  renaming the allowed use of Lodging to Travel Accommodations; and relocation and addition of open space requirements for residential developments. In addition, the modifications include changes to various, miscellaneous, technical, term and cross-references, and relocation of provisions.
6. Industrial Zones (Section 10-40.30.050): Add outdoor storage as an allowed use in the Heavy Industrial and Heavy Industrial – Open zones; and, modifications to various, miscellaneous, technical, and cross-references provisions.
7. Public and Open Space Zones (Section 10-40.30.060): Correct the adoption, scrivener and table errors of the allowed uses. In addition, the modifications include changes to various, miscellaneous, technical, cross-references, and relocation of provisions.
8. Accessory Buildings and Structures (Section 10-40.60.020): Incorporate modifications to relocate the accessory use to a new section (Section 10-40.60.025), simplify and clarify provisions, and relocate temporary storage containers to section 10-20.40.150.
9. Accessory Uses (Section 10-40.60.025): Add a new section specific to accessory uses.
10. Day Care Home and Center (Section 10-40.60.150): Incorporate technical modifications to conform with State of Arizona requirements, and clarify provisions.
11. Outdoor storage (Section 10-40.60.275): Add a new section specific to outdoor storage.
12. Warehousing (Section 10-40.60.320): Delete section and incorporate provisions into outdoor storage.
13. Forest (Section 10-50.90.060): Incorporate changes to clarify and modify the requirements of Forest Resource Protection Thresholds as a Percentage of Site Area for the non-transect and transect zones.
14. Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20) Modify and add various definition of the Zoning Code, including: Accessory Buildings and Structures; Bed and Breakfast; Day Care, Center; Development Site; Development, Multiple-Family; Development – Attached Single-Family; Development - Detached, Single-Family; Development, Duplex; Development - Cluster, Dwelling, Multiple-Family, Single-Family; Factory Built Building; Industrial, Light – General; Older Individual; Parcel; Parking Structure, Above-Ground; Parking Structure, Underground; Passive Recreation; Residential Community Building Area; Sanitation facilities; Sign; Travel Accommodation; Use, Secondary; Warehousing; Yard; Yard, Exterior; and Yard, Interior.
15. Additional Enforcement, Technical, Figure and Term Modifications (Sections 10-30.60.040, 10-40.40.100, 10-40.60.240, 10-40.60.250, 10-40.60.280, 10-50.30.030, 10-50.40.020, 10-50.60.050, and 10-50.90.060):  Incorporate, correct, clarify, and modify various technical, enforcement, cross references modifications.

Findings
At a subsequent meeting, the City Council will be requested to approve the proposed amendments based on the required findings specified in the Zoning Code.  For your reference and discussion purposes, the required findings are specified below.

1. The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

Community Involvement
In accordance with State Statute and the Zoning Code, the Planning and Zoning Commission work session and public hearing for these amendments were advertised in the Arizona Daily Sun on May 25, 2019. Also, persons of interest that are on file with the Planning and Development Services Department were notified of the work sessions and hearings via first class mail.   The Planning and Zoning Commission's work session was held on June 12, 2019, and the Commission's public hearing was held on June 26, 2019. As of the date of this report, staff has not received any comments from the public pertaining to these amendments.

Planning and Zoning Commission Recommendation
At the June 26, 2019 Planning and Zoning Commission public hearing, the Commission recommended approval of the proposed amendments with a vote of 4-0.

Timeline
The anticipated timeline for the amendments is as follows:

• June 12, 2019 – Planning Commission Work Session
• June 26, 2019 – Planning Commission Public Hearing
• September 17, 2019 – City Council Work Session
• October 15, 2019 – City Council Public Hearing (1st Reading of Ordinance)
• November 5, 2019 – City Council Hearing (2nd Reading of Ordinance/Adoption)
• December 5, 2019 – Ordinance Effective Date

Conclusion:
As indicated above, the purpose of the work session is for staff to present an overview of the proposed amendments to the Zoning Code, to allow interested individuals, residents and business owners to provide comments.  Also, the work session is to allow the Council to ask questions, seek clarification, have discussions, and offer comments/direction on the proposed amendments. No formal action is to occur at the work session.  Additional opportunities for discussion, public comment, and action by the City Council will occur at a future public hearing.