ARIZONA STATE SENATE
Phoenix, Arizona
growing smarter; planning
and zoning
Purpose
Extends, by one year, the
time for adoption of comprehensive and general plans by counties and
municipalities and makes clarifications to the process for adopting and
amending comprehensive and general plans.
Background
In 1998, legislation
commonly known as the Growing Smarter Act was enacted to create an urban growth
management framework to address the problems associated with urban growth.
Generally, this legislation (Laws 1998, Chapter 204) strengthened land planning
processes by enhancing the requirements for general and comprehensive plans,
provided for the acquisition and preservation of open space areas through a
variety of planning and purchasing mechanisms and created a Growing Smarter
Commission to make recommendations for long-term growth management.
The 15 member Growing
Smarter Commission was appointed in late 1998 to address a number of ongoing
growth-related issues. The Growing Smarter Commission met through 1999 and
developed a final report and recommendations to broadly address local planning
tools, citizen participation in planning, use and management of state trust
lands, acquisition of open space and protection of private property
rights. The Growing Smarter Plus Act of
2000 (Laws 2000, Fourth Special Session, Chapter 1) continued the legislative
effort to manage urban growth by conserving state trust land with ecological,
historical and archaeological value that meets established criteria and
authorizing a number of growth management tools.
On February 6, 2001,
Governor Hull established the Growing Smarter Oversight Council (GSOC) by
Executive Order 2001-02. The GSOC is charged with monitoring the implementation
of the Growing Smarter Acts, developing a method of measuring and assessing the
effectiveness of the Acts, determining how compliance with the Acts should be
addressed, identifying obstacles and suggesting refinements and improvements.
H.B. 2601 contains
recommendations of the GSOC, including an extension of the time for adoption of
comprehensive and general plans by counties and municipalities and
clarifications on the process for adopting and amending comprehensive and
general plans.
There is no anticipated
impact to the state general fund relating to the provisions of this bill.
Provisions
1. Extends the time for the adoption of new or revised general plans for municipalities with a population of more than 75,000 persons and comprehensive plans for counties with a population of more than 125,000 persons from December 31, 2001 to December 31, 2002. Allows other counties and municipalities subject to Growing Smarter to adopt new or revised plans before January 1, 2004. Retroactively effective to December 31, 2001.
2. Clarifies that the water resources element of city general plans and county comprehensive plans must include an analysis of how water demands caused by future growth will be addressed. States that the water resources element does not require new independent hydrogeologic studies or the city, town or county to be a water service provider.
3. Clarifies that at least 60 days before the pubic hearing on a general or comprehensive plan is noticed to the public, rather than 60 days before the plan is adopted, the planning agency or Commission must transmit the plan to the affected governmental and other entities.
4. Adds the Department of Water Resources to the list of entities that the planning agency or Commission must additionally submit the plan to for review. This applies only if the city, town or county is required to include a water resources element in its plan.
5. Clarifies that a municipality’s planning commission or county board of supervisors must consider recommendations from all listed governmental and other entities before holding a public hearing and approving a general or comprehensive plan, or amendment to the plan.
6. Clarifies that if a municipal governing body or county board of supervisors fails to pass a general plan or revision with the required two-thirds affirmative vote of the members, then the reconsideration of the motion must also be approved by at least two-thirds of the members.
7. Requires new or revised general plans to be submitted to the voters at the next regularly scheduled election, or at a special election scheduled at least 120 days after the municipal governing body adopts the plan.
8. Requires subsequent considerations of new or revised plans to comply with the requirements for initially adopted general or comprehensive plans.
9. Clarifies that county comprehensive plans remain in effect until a new plan is adopted by the board of supervisors. Requires the board of supervisors to reconsider the proposed plan or a revised plan within one year of failing to adopt a plan.
10. Conforms the publication requirements for hearings on county comprehensive plans to those required for municipalities’ general plans.
11. Clarifies that the citizen participation ordinance required to be adopted by the governing body of a municipality or county board of supervisors applies to all rezoning and applications that require a public hearing.
12. Makes technical, clarifying and conforming changes.
13. Provides for a general effective date, unless otherwise noted.
House Action
ENV 2/12/02 DP 7-0-0-3
NRA 3/27/02 DPA 7-0-0-3
Prepared by Senate Staff
April 15, 2002