Rezoning and Special Permit Procedures Outline

Rezoning Process Major Steps

The following procedural outline identifies the major steps involved in the rezoning process. Should there be any questions or clarification necessary, please contact the Phoenix Planning Department at 602-262-7131.

• Step 1: Informal Counseling with Planning Department
• Step 2: Rezoning Pre-Application Meeting (Required)
• Step 3: Submitting Rezoning/Special Permit Application
• Step 4: Notifying and Sending First Neighborhood Notification Letter
• Step 5: City Review of Application
• Step 6: Neighborhood Meeting
• Step 7: Rezoning Post-Application Meeting
• Step 8: Notifying and Sending Second Neighborhood Notification Letter
• Step 9: Posting Sign on Property
• Step 10: Village Planning Committee Meeting
• Step 11: Zoning Hearing Officer Action - Public Hearing
• Step 12: Planning Commission Action - Public Hearing
• Step 13: City Council Action - Public Hearing
• Amendment to Application
• Additional Requirements

Step 1: Informal Counseling with Planning Department

This counseling service allows Planning Department staff to review with the applicant various issues as part of the rezoning process. Items that may be discussed include the General Plan and Village goals, area trends, Zoning Ordinance development standards as they relate to or impact a land use proposal and over-all processing of the rezoning request. Informal discussions may occur at the department counter, over the phone, or in person.

Step 2: Rezoning Pre-Application Meeting (Required)

This meeting must be held before staff will accept a rezoning application. Please schedule the meeting up to 3 weeks prior to your desired filing date, in order to benefit from staff follow-up of rezoning issues. During this meeting, planning staff will review development options and issues relevant to your rezoning request. This meeting is often the first opportunity to review the rezoning procedures and submittal requirements and is intended to assist in filing complete applications.

To schedule a required pre-application meeting with the Planning Department, please fill out the Pre-Application Meeting (89 KB, PDF¹) form and bring it to the Planning Department, 6th Floor, Phoenix City Hall, 200 West Washington Street. You will be provided with your meeting date and time with the Planning Department.

Notes:

• You are also required to contact the Development Services Department (DSD) for a DSD pre-application meeting, to determine if your site will have any development issues that should be addressed during the rezoning process. Please call 602-262-7811 for further information.
• Your site may be within a Public Airport Disclosure Area, Impact Fee Area, or adjacent to an SRP Canal and other requirements may apply. The following information is made available to help you determine if your site is affected:
  • Notice of Airport in Vicinity (109 KB, PDF¹) form (required submittal if site is within Public Airport Disclosure Area)
  • Development Impact Fee Areas (188 KB, PDF¹) map
  • SRP Canal Bank Right of Way (81 KB, PDF¹) information

Step 3: Submitting Rezoning/Special Permit Application

Applicants for rezoning/special permit requests are required to submit all information listed in the Rezoning/Special Permit Submittal Checklist. Incomplete applications may be declined and the applicant asked to return when the application is complete.

When submitting your application, staff will review the submittal for completeness, collect the appropriate application fees and schedule your rezoning post application meeting (which is normally 4 weeks after your submittal).

Applications are filed with the Planning Department, 6th Floor, Phoenix City Hall, 200 West Washington Street.

Step 4: Notifying and Sending First Neighborhood Notification Letter

The applicant is required to mail their first neighborhood notification letter (70 KB, PDF¹) explaining their request and all appropriate review and comment opportunities to:

1. All property owners within 600 feet of the subject site.
2. The nearest resident within the four quadrants to the subject site.
3. All neighborhood associations registered with the City that are within a one-mile radius of the subject site.

A list of the property owners and associations contacted, a copy of the letter sent with attachments, and a notarized affidavit (65 KB, PDF¹) stipulating to the mailing must be submitted to zoning staff within 10 working days of the filing of the zoning application. Staff has the option to request additional notification.

Step 5: City Review of Application

Upon receipt of a application, a staff planner is assigned to serve as the city contact, review the application, and prepare the staff report. The staff planner will serve as the contact for any information pertaining to the rezoning/special permit application.

During this step, the application is routed to other city departments for review and comment. The staff planner will develop a staff report with input from other city departments. Issues that are covered in such reviews include existing and proposed land uses, how the request fits in with other city goals and policies, and conformance with the General Plan.

The Village Planning Committee, in which the rezoning site is located, will have the opportunity to review the proposal prior to the application being heard at a rezoning public hearing.

Step 6: Neighborhood Meeting

Prior to the post application meeting, the applicant shall meet with property owners within 600 feet of the subject rezoning site to present their proposal. The results of that meeting shall be summarized and brought to the post application meeting. No hearings shall be scheduled without submittal of the following information:

• Date, time, and location of the meeting
• Number of participants
• Issues that arose during the meeting
• Plan to resolve the issues, if possible

Note: This requirement can be waived by the Planning Director upon a finding that special circumstances do not warrant the meeting.

Step 7: Rezoning Post-Application Meeting

This meeting is held approximately 4 weeks after your formal rezoning application submittal. During this meeting the following actions will be addressed:

• Staff shares formal recommendations/stipulations with customer. Review of zoning and development issues further identified.
• Village Planning Committee meeting (88 KB, PDF¹) selected by staff is scheduled a minimum of 3 weeks from this date (if submitted information is complete). This time will allow staff to finalize the staff report and allow the applicant time to post the property for upcoming public hearings/meetings.
• Hearing option (63 KB, PDF¹) selected by concurrence of customer and staff - Zoning Hearing Officer or Planning Commission. Typically, cases scheduled for the Zoning Hearing Officer have staff support, no known major neighborhood opposition and do not involve policy issues.

Step 8: Notifying and Sending Second Neighborhood Notification Letter

The applicant is required to provide a second neighborhood notification letter (72 KB, PDF¹) and a notarized affidavit (65 KB, PDF¹) stipulating to the mailing within 10 days of rezoning post application meeting. This notice will include the Village Planning Committee meeting, Zoning Hearing Officer, Planning Commission, and City Council hearing dates, times, and locations.

Step 9: Posting Sign on Property

The applicant is required to post a single double-sided sign (106 KB, PDF¹), 4-foot by 8-foot , at a prominent location on the site a minimum of 15 calendar days prior to the first Village Planning Committee meeting. As in the case of the written notices, the applicant shall submit a notarized affidavit of posting (67 KB, PDF¹) stating the sign has been posted and a photograph showing the sign on the site to the Zoning Counter, 6th Floor, Phoenix City Hall, 200 West Washington Street.

Signs shall be updated as needed. Continued cases shall be posted a minimum of 7 calendar days prior to continuance date. An additional affidavit of posting (67 KB, PDF¹) is required.

Signs must be removed by the applicant within 7 days of City Council Action.

Step 10: Village Planning Committee Meeting

Prior to any public hearing, the application will be reviewed at the regularly scheduled Village Planning Committee monthly meeting (88 KB, PDF¹). Staff will provide the committee and the applicant a copy of the staff report prior to this meeting. The Village Planning Committee will make a recommendation.

The recommendation from the Village Planning Committee will be forwarded to the Zoning Hearing Officer or the Planning Commission on a Recommendation Form.

Step 11: Zoning Hearing Officer Action - Public Hearing

This public hearing occurs approximately 1 to 2 weeks after the Village Planning Committee meeting. During this public hearing, your rezoning application will be reviewed and either approved, approved with stipulations, denied, denied and approved differently than requested, or continued.

• Public hearing - legally advertised (by the Planning Department) and posted a minimum of 15 days prior to hearing (by the applicant).
• May be appealed within 7 days of hearing to the Planning Commission.

Appeals

Action taken by the Zoning Hearing Officer can be appealed by the applicant or interested parties within 7 days. Appeals will be forwarded to the Planning Commission.

• If no appeal, ratification occurs at the scheduled Planning Commission hearing.
• The Planning Commission may, by a majority vote, request a public hearing on a Zoning Hearing Officer recommendation that has not been appealed. If a hearing is requested, it must first be re-advertised and posted.

Step 12: Planning Commission Action - Public Hearing

This public hearing occurs approximately 3-5 weeks after the Zoning Hearing Officer hearing. During this public hearing, your rezoning application will be reviewed and either approved, approved with stipulations, denied, denied and approved differently than requested, or continued.

• Public hearing - legally advertised and posted a minimum of 15 days prior to hearing.

Appeals

• Action taken by the Planning Commission can be appealed by the applicant or interested parties within 7 calendar days. Appeals will be forwarded to the City Council for a public hearing.
• Opposition petitions submitted no later than 7 calendar days following the Planning Commission hearing can require ¾ vote, rather than a majority vote, for the City Council to approve the application.
• If no appeal, ratification occurs at the scheduled City Council hearing.
• The City Council may, by a majority vote; 1) request a public hearing on a Zoning Hearing Officer or Planning Commission recommendation request that has not been appealed or, 2) send the case back to either for further consideration. If a hearing is requested, it must first be re-advertised and posted.

Step 13: City Council Action - Public Hearing

During this public hearing, your rezoning application will be reviewed and either approved, approved with stipulations, denied, denied and approved differently than requested, or continued. If approved, the applicant will be sent a letter with approved rezoning stipulations. If denied, the applicant will also receive a letter.

If approved, the applicant may continue with the development review process.

Amendment to Application

It is important to provide the Planning Department with the following information in a timely manner. The amendment procedure (66 KB, PDF¹) is in place in order to assure the correct information is placed in the rezoning/special permit file and circulated to the proper staff. This new information can impact stipulations, staff recommendations, and possibly the meeting/hearing schedule. It is important to be consistent in order to make sure the correct, most recent information is in the file and forwarded to the relevant hearing body.

• All amendments must be filed at the Zoning Counter and must be accompanied by the application fee (see Zoning Fee Schedule)
• Staff needs time to review and revise the staff report or prepare an addendum to the existing staff report. The new site plans/elevations shall be submitted no later than 3 working days prior to a Village Planning Committee meeting, Zoning Hearing Officer hearing, Planning Commission hearing, or City Council hearing.

Additional Requirements

The applicant must satisfy any zoning stipulations during the Site Plan Review Process performed by the Development Services Department (DSD). Additional documentation may be required of specialized development proposals, such as Planned Community Districts and some special permits. Staff may require additional material after filing of the rezoning application and staff's initial review of the proposal.