| AGENDA ITEM #:PZ24-00055 DATE: February 14, 2024 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE REGULATIONS RELATED TO CHURCHES |
| STAFF PRESENTER(S): | Christian M. Williams, AICP, Interim Planning Manager |
SUMMARY:
This is a staff-initiated request to amend Articles 2, 3 and 4 of the Zoning to bring the city’s zoning requirements for churches into conformance with requirements established by the state Free Exercise of Religion Act (“FERA”) and federal governments Religious Land Use and Institutionalized Persons Acts (RLUIPA).
RECOMMENDATION:
- Conduct a public hearing for a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3 (Commercial Districts), and 4 (Special Uses, Uses Requiring Additional Evaluation), of the City of Goodyear Zoning Ordinance.
- Recommend approval of a for a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3 (Commercial Districts), Article 4 (Special Uses, Uses Requiring Additional Evaluation, Nonconforming Uses), and 4-2 (Uses Requiring Additional Evaluation), of the City of Goodyear Zoning Ordinance to revise definitions in Article 2-2 (Definitions), modify permitted uses within Article 3 (Commercial Districts), changing a title within Article 4 from Special Uses, Uses Requiring Additional Evaluation, Nonconforming Uses and Buildings to Regulation of Particular Uses and modifying Article 4-2 (Uses Requiring Additional Evaluation) to allow churches in all zoning districts subject to requirements as reflected in the proposed Ordinance 2024-1600. (Christian M. Williams, AICP, Interim 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 Arizona’ Free Exercise of Religion Act (“FERA) and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).
STAFF ANALYSIS
Current Policy:
Details of the Request:
Evaluation Criteria:
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 to 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:
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
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Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the ordinance.
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Article 3-3 (Commercial Districts) of the Zoning Ordinance provides principal permitted uses for each of the commercial zoning districts.
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Article 4 (Special Uses, Uses Requiring Additional Evaluation, Nonconforming Uses and Buildings) of the Zoning Ordinance establishes requirements and evaluation criteria for several use permit and special use permit designated uses and designates where certain uses might be appropriate.
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Article 4-2 (Uses Requiring Additional Evaluation) of the Zoning Ordinance provides requirements and evaluation criteria for certain uses.
Details of the Request:
This request for text amendment is to modify certain definitions and standards related to freeway development standards for sound attenuation. To achieve this intent, the text amendment proposes the following revisions:
- Zoning Ordinance Article 2-2 (Definitions): Changes the term “Churches, Synagogues or Temples” to “Church”; and,
- Zoning Ordinance Article 3-3 (Commercial Districts): Removes Church from the Principal Permitted Uses list under CO (Commercial Office); and,
- Zoning Ordinance Article 4 (Special Uses, Uses Requiring Additional Evaluation, Nonconforming Uses and Buildings): Renames the title of Article 4 from “Special Uses, Uses Requiring Additional Evaluation, Nonconforming Uses and Buildings” to “Regulation of Particular Uses”; and,
- Zoning Ordinance Article 4-2 (Uses Requiring Additional Evaluation): Adds a new Article 4-2-19 that allows churches a Permitted Use in all Zoning Districts subject to certain requirements.
Evaluation Criteria:
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 Church use, as established in both the Zoning Ordinance, into conformance with those standards established by Arizona’s Free Exercise of Religion Act (“FERA”) and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). Currently, the city requires a Special Use Permit to operate a church. The proposed amendment eliminates the Special Use Permit requirement and allows Churches in all zoning districts and imposing certain additional standards that would apply for similar assembly type uses based on provisions in the Goodyear Zoning Ordinance. As such, the amendment will provide for consistency with state and federal standards, which will provide greater clarity for those seeking to operate a church and practice their constitutional rights to religious freedoms, while accounting for traffic, parking and outdoor assembly.
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 and federal 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 and federal law will be rectified.
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
In General Plan Objective CC?1?1. Create and foster complete neighborhoods places of worship are mentioned. Regardless of where the General Plan limits the locations of places of worship, the United States Constitution, Arizona’s Free Exercise of Religion Act (“FERA”) and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) preempt those limitations, and this text amendment accomplished that goal.
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 and federal laws.
Public Participation:
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 on January 31, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website.