I. INTRODUCTION

A. Purpose: The annual amendment program ensures that the Comprehensive Plan remains timely, dynamic, and responsive to community values. The Comprehensive Plan (Plan) guides the Planning and Zoning Commission (Commission) and Board of Supervisors (Board) in rezoning proceedings. Land use intensity categories shown on the Plan are defined by the land use intensity legend in the Zoning Code (See Pima County Zoning Code, Section 18.89.060), and establish a direct link between the Plan and the rezoning process.

All rezoning or specific plan requests must conform with the Plan, i.e. any rezoning or specific plan request must conform with the density requirements and zoning districts that are permitted according to the property’s land use intensity designation. The majority of amendment requests are initiated by property owners who seek to develop at densities or uses that are not permitted under the current plan designation(s) on the property.

Conformance with the Comprehensive Plan does not guarantee approval of the rezoning or specific plan. The final determination of the merits of a rezoning or specific plan case will be made during the rezoning process.

**Note that the process described below is not the rezoning process, and that a separate rezoning application must be approved prior to development.

B. Who May Apply: Property owners, or their authorized representatives, may apply. A plan amendment may also be initiated by the Development Services Department, the Planning and Zoning Commission, or the Board , during the three-month application submittal window. The Board of Supervisors may initiate the amendment process at any time, provided the Board makes specific findings as set forth in the Zoning Code (See Pima County Zoning Code, Section 18.89.040E) at a legally noticed public hearing. For more details on this procedure, please contact Comprehensive Plan Section staff.

C. Pre-Application Meeting: The applicant is strongly encouraged to meet with Comprehensive Plan Section staff to discuss the process and requirements and to receive the required forms prior to submitting an application.

D. Application Submittal: Completed applications for amendments to the Comprehensive Plan are accepted only during the first working day of February and the last working day of April each year (See Pima County Zoning Code, Section 18.89.040B1). No application will be accepted prior or subsequent to these dates, except for amendments initiated by the Board of Supervisors pursuant to Section 18.89.040E. Incomplete applications will not be accepted.

E. Complete Application: The following items are required for a complete application:

1. Completed and signed Application Form (See Attachment A of this application form).

2. One site map or more (preferred at 8½??11? but no larger than 11??17?), that shows:

a. Property location, dimensions or survey, scale of map, and north arrow;
b. Adjacent roadways;
c. Adjacent land uses;
d. Existing structures and uses on property;
e. Existing and proposed planned land use designations; and,
f. Special features, if any, such as washes, floodplain, steep slopes, riparian habitat.

3. Payment of plan amendment processing fee (See Attachment B of this application form).

4. Ownership verification: Assessor's map and property inquiry (APIQ) printout and original letter(s) of authorization, if the applicant is not the property owner. If a trust, an original signature of the trust officer and a list of the beneficiaries of the trust OR if a limited partnership or corporation, an original signature with people’s title and a list of the corporate officers.

F. Reasons for Plan Amendment: As part of a complete application, substantial rationale for amending the Plan must be given. It is the responsibility of the applicant to demonstrate that these reasons are compelling enough to justify the plan amendment (See Section IV. of this application form). As guideline criteria, such reasons should satisfy at least one of the following:

1. The plan amendment would promote implementation of:

a. The Conservation Lands System (CLS),

b. The state legislation Growing Smarter Plus with particular emphasis given to:

i mixed use planning,
ii compact development,
ii multi-modal transportation opportunities,
iv rational infrastructure expansion and improvements,
v conservation of natural resources, and
vi the growth area element (where applicable),

c. Other plan policies set forth in the Regional Plan Policies, Rezoning Policies and Special Area Policies.

2. The plan amendment addresses oversights, inconsistencies or land use related inequities in the plan or acknowledges significant changes in a particular area since the adoption of the plan or plan update.

G. Additional Information: Additional information may be submitted which will be considered in evaluating amendment requests. The following additional information is suggested:

1. A description of any special features shown on the required map,

2. Special plan policies being proposed by the applicant to mitigate impacts on special site features or to address concerns of adjacent property owners,

3. Information regarding the proposed amendment, such as its effect on special site features or surrounding areas, or other information the applicant feels is important when considering the request.

H. Meeting With Property Owners: The applicant is strongly encouraged to meet with surrounding property owners, residents, and neighborhood groups to discuss their request and solicit suggestions on modifications to the request. If meetings are held, the applicant should submit a brief summary of the meeting identifying concerns discussed and any modifications made to the request. Ideally, these meetings should be held prior to submittal of the request.

II. PLANNING AND ZONING COMMISSION STUDY SESSION

A. Purpose: The Commission will review all amendment requests during a Study Session scheduled to occur at a regularly scheduled hearing (most likely in June), during which, the Commission will schedule all amendment requests for future public hearings.

B. Staff Review: Staff will review amendment requests in two phases: a preliminary review prior to the Commission Study Session, and a more detailed analysis prior to the Commission and Board public hearings. At the study session staff will present the basic case to the Commission. At this time, staff will not make recommendations for approval or denial, but may recommend expansion and notification areas and tentative hearing schedule.

C. Planning and Zoning Commission Study Session Review: During the study session, the Commission will establish the following:

1. The area of notification for each request or group of requests. The minimum area of notification shall include all properties within the amendment area and within 300 feet of the amendment area (See Pima County Zoning Code, Section 18.89.040D5a2). The Commission may expand the notification area (See Pima County Zoning Code, Section 18.89.040D1c);

2. The public review process for each request or group of requests. The Commission may require public meeting(s) to be held by applicant and/or staff in the vicinity of the request;

3. Whether the amendment area for a particular request should be expanded beyond that described in the application; and,

4. If certain requests should be combined to facilitate an analysis of cumulative impacts and provide for a more efficient public review process.

Following the Study Session, staff will notify the owners and applicants of a schedule for public meetings and public hearings.

III. ANALYSIS OF AMENDMENT REQUEST

A. Purpose: Following the Planning and Zoning Commission Study Session, staff will perform a substantive analysis to address issues not covered in the initial review, to evaluate potential impacts due to any expansion of the amendment area, to address issues raised at the Study Session and, where appropriate, to perform more complex analyses such as computer modeling to assess impacts on transportation and wastewater facilities. Staff may introduce other information to the Commission such as: consistency with Regional, Rezoning and Special Area Polices; potential impacts on floodplain, steep slopes, and wildlife habitat; transportation and wastewater treatment facilities; existing neighborhoods and development; build-out potential and urban form; accessibility to activity centers and emergency services; and cumulative impacts of proposed amendments. In addition, as part of the public review process, meetings may be held to solicit comments from the public.

B. Timing: The time necessary to perform the analysis depends on the nature and complexity of each request. The schedule presented to the Planning and Zoning Commission during the Study Session will reflect the relative complexity of the various amendment requests, as well as the need to expeditiously process amendment requests.

C. Staff Recommendation: Following completion of the analysis and the public review process, staff will recommend approval, modified approval, or denial, based on staff analysis and the conditions provided (See Section I.F. of this application form).

IV. PUBLIC HEARINGS

A. Planning and Zoning Commission: The Commission will hold, at a minimum, one public hearing to consider and take testimony on plan amendments. The Commission may continue the public hearing for up to four months. The Commission may recommend approval, modified approval, or denial of the amendment request to the Board of Supervisors.

B. Board of Supervisors: The Board will hold, at a minimum, one public hearing to consider and take testimony on plan amendments. The Board may continue the public hearing for up to four months. At the public hearing the Board may approve, approve with modification, or deny the request. The Board may substantially change or alter the amendment only after first referring the changed or altered portion back to the Commission for its recommendation (See Pima County Zoning Code, Section 18.89.040.D4). The Board must consider the Commission's recommendation regarding the changed or altered portion at a subsequent public hearing.

V. DECISION BY THE BOARD OF SUPERVISORS

A. Approved: With Board action of APPROVAL of a plan amendment request, the applicant of said request may proceed with the rezoning or specific plan process.

B. Modified Approval: With Board action of MODIFIED APPROVAL of a plan amendment request, the applicant of said request may proceed with the rezoning or specific plan process.

C. Denied: With Board action of DENIAL of a plan amendment request, if the applicant of said request chooses to proceed with a rezoning or specific plan request which conflicts with the Comprehensive Plan, then, a complete rezoning application for such rezoning or specific plan request must be filed within thirty (30) working days of the date on which the related plan amendment was denied by the Board.