| ITEM #: 7. DATE: 09/23/2024 AI #:2189 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE REGULATIONS RELATED TO ANIMAL KEEPING AND FOWL |
| STAFF PRESENTER(S): | Christian M. Williams, AICP, Planning Manager |
SUMMARY
This is a staff-initiated request to amend Articles 2 and 3 of the Goodyear Zoning Ordinance to bring the city’s zoning requirements into conformance with requirements established by recent changes to Arizona Revised Statutes, this amendment allows a resident of a single-family detached residence to keep fowl on the property, subject to regulations.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1614, AMENDING GOODYEAR ZONING ORDINANCE ARTICLE 2-2 (DEFINITIONS), AMENDING SECTIONS 3-2-2, 3-2-4 OF ARTICLE 3 (ZONING DISTRICTS), RELATED TO ANIMAL KEEPING AND MINOR SCRIVENER'S ERROR; PROVIDING FOR CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Christian M. Williams, Planning Manager)
FISCAL IMPACT
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time. The purpose of this text amendment is to bring City standards into conformance with the passage of House Bill 2325 during the 2024 Legislative Session which amended Title 9, Chapter 4, Article 6.1, Arizona Revised Statues, by adding Section 9-462.10.
STAFF ANALYSIS
Current Policy:
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
This request for text amendment is to modify certain definitions and standards related to Animals and Fowl. To achieve this intent, the text amendment proposes the following revisions:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
D. Whether amendment will promote implementation of goals and objections of the City’s General Plan;
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
- Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the ordinance.
- Article 3-2-2 (Table 3-2-2: Residential Districts Use Classifications) of the Zoning Ordinance provides Principal Permitted, Use Permit, Conditional Use and Accessory Uses for each of the residential zoning districts.
- Article 3-2-4 (Single-Family – Additional Use Definitions and Regulations) of the Zoning Ordinance provides regulations and conditions for Animal Keeping.
This request for text amendment is to modify certain definitions and standards related to Animals and Fowl. To achieve this intent, the text amendment proposes the following revisions:
- Zoning Ordinance Article 2-2 (Definitions): Changes the terms associated with different forms of “Animals”, specifically amending “Small Animals” and creating a new sub-category for “Fowl”; and,
- Zoning Ordinance Article 3-2-2 (Residential Districts Use Classifications): Adds Animal Keeping as a Conditional Use to the R-10, R1-7, R1-6, R1-4, R1-C and R2 Single-Family zoning districts; and,
- Zoning Ordinance Article 3-2-4 (Single-Family – Additional Use Definitions and Regulations): Creates regulations for a resident of a single-family detached residence that keeps fowl on the property within AG, AU, R-10, R1-, R1-6, R1-4, R1-C and R2 zoning districts.
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The amendment is intended to bring the city’s treatment of the backyard fowl, as established in the Zoning Ordinance, into conformance with those standards established by Arizona State Revised Statue. Currently, the city only conditionally permits chickens, rooster or fowl in AU and AG zoning districts. The proposed amendment allows no more than six (6) fowl, but not male fowl or roosters, on all single-family residential lots that are developed with single-family detached dwelling units and imposing certain standards that would apply for residents to keep fowl on their property. As such, the amendment will provide for conformance with newly approved state law.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
This text amendment is in response to inconsistencies between changes in law, statutory or case law. As previously noted, the purpose of the amendment is to bring city standards into conformance with state law.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
With this text amendment, an inconsistency with state law will be rectified.
D. Whether amendment will promote implementation of goals and objections of the City’s General Plan;
In General Plan Goal ID-2: A range of housing types, price points, and sizes meet the needs of all ages, incomes and lifestyles. 7: Ensure that new development preserves surrounding community character through buffering techniques, design elements, and appropriate landscaping.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposed text amendment brings Goodyear into compliance with state federal laws.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic West Valley Edition on August 23, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website.
On September 11, 2024, The Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (5-0) to recommend approval of this Ordinance.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on September 23, 2024, appeared in the Arizona Republic West Valley Edition on August 23, 2024.
On September 11, 2024, The Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (5-0) to recommend approval of this Ordinance.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on September 23, 2024, appeared in the Arizona Republic West Valley Edition on August 23, 2024.