House of Representatives

HB 2601

growing smarter; planning and zoning

Sponsors: Representatives Huffman, Allen,

Senator Arzberger, et al.

 

DP

Committee on Environment

DPA

Committee on Natural Resources & Agriculture

DPA

Caucus and COW

X

Third Read

 

 

As Passed the House

 

HB 2601 makes a variety of changes to Growing Smarter including extending the timeframes for the adoption of plans, clarifying the water resources element and clarifying the time in which the governing body of a municipality submits the plan to the voters.

 

Current Status

HB 2601 passed the Environment Committee unamended.  The bill was amended in the Natural Resources and Agriculture Committee to clarify the water resource element of a county or city plan and to require the county planning commission to hold a public hearing regarding their comprehensive plan.  The Natural Resources and Agriculture amendment was adopted in the Committee of the Whole.

 

History

The Growing Smarter Act was passed in 1998 and added four new elements to the required general plans of municipalities and comprehensive plans of counties.  These elements included: open space, growth areas, environmental planning, and cost of development.   The Act also created a Growing Smarter Commission to consider additional proposals to manage growth and preserve open space.  Recommendations from the commission led to the drafting of Growing Smarter Plus legislation, which passed in a special session in 2000.

 

Governor Hull established the Growing Smarter Oversight Council (GSOC) by Executive Order 2001-02 on February 6, 2001. The GSOC was charged with the goals of monitoring the implementation of the Growing Smarter Acts; identifying obstacles; suggesting refinements; developing a method of measuring and assessing the effectiveness of the Acts; determining how compliance with the Acts should be addressed; and suggesting improvements.

 

Provisions

·          The adoption deadline is extended retroactively: municipalities over 75,000 persons and counties over 125,000 persons have one additional year to 12/31/02.  Municipalities and counties under these populations also have an additional year to 12/31/03.  (session law section 9)

·          The water resources element is clarified (an analysis of how the demand from future projected growth will be served by the currently available supplies or a plan to obtain additional necessary supplies).  (ARS 9-461.05 D. 5. & 11-821 C. 3)  DWR is included in the review and comment on the water resources element.  (ARS 9-461.06 C. & 11-806 G.)  Entities are not required to perform new independent hydrologic studies and are not required to be a water service provider.  (ARS 9-461.05 F. & 11-821 E.)

·          The general plan ratification elections for municipalities shall be held at the next regularly scheduled election or at a special election scheduled at least 120 days after the governing body adopted the plan.  (ARS 9-461.06 L.)

·          The time frame for the review and comment period by affected entities is at least 60 days prior to the notice of hearing by the planning commission (existing language has the 60 day review and comment period before adoption by the governing body). (ARS 9-461.06 C. & 11-823 B.)  The municipal planning commission or board of supervisors shall consider the recommendations from the commenting parties.  (ARS 9-461.06 D. & 11-823 B.)

·          If voters fail to ratify a  municipal plan the governing body shall either resubmit the proposed new plan or revised plan at the next regularly scheduled municipal election or at a special election scheduled at least 120 days after the governing body readopted the new or revised plan.  (ARS 9-461.06 L.) If the board of supervisors fails to adopt or readopt the plan, the current plan remains in effect until a new plan is adopted.    The board shall either reconsider the proposed plan or consider a revised plan within one year and shall continue to do so until the plan is adopted. (ARS 11-824 C.)

·          If the motion to adopt or readopt the plan or amendment fails, the board or governing body may reconsider the motion.  (The 2/3 vote is still required.)  (ARS 9-461.06 G. & 11-824 A.)

·           The citizen review process for rezoning applications applies to all applications that require a public hearing (not a separate citizen review process for each application).  (ARS 9-462.03 A. & 11-829 B.)

 

Amendments

HB 2061 was amended in the Natural Resources and Agriculture Committee as follows:

·          Clarifies that the water resource element of city and county plans must address those sources that are legally and physically available, not just those that are currently available.

·          Requires the county planning commission to hold a hearing regarding their comprehensive plan.

·          Makes technical and conforming changes.

 

 

 

 

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45th Legislature                       

Second Regular Session            2          April 6, 2002

 

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