HomeMy WebLinkAboutOrdinance #: 1855 - Date Adopted: 10/24/1995 ORDINANCE NO. 1855 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE GLENDALE CITY CODE, CHAPTER 28, BY ADDING
A NEW ARTICLE V, ESTABLISHING AN ADMINI-
STRATIVE APPEALS PROCESS FOR DEVELOPMENT
REQUIREMENTS FOR DEDICATIONS AND EXACTIONS;
AND DECLARING AN EMERGENCY.
WHEREAS, the Arizona Legislature passed H.B . 2229 (Chapter
166 , Sec . 1, Laws 1995) , which enacted a new section codified at
A.R. S . § 9-500 . 12 , requiring cities and towns to establish an
administrative appeals process for property dedications and
exactions required as part of an approval for the use, improvement
or development of real property; and
WHEREAS, the City Manager established an interim
administrative appeal process by administrative directive, in
compliance with H.B . 2229; and
WHEREAS, this ordinance will permanently formalize the
administrative appeals process required by H.B . 2229 for
dedications and exactions required in the development process .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
GLENDALE as follows :
SECTION 1 . That the Glendale City Code, Chapter 28, is hereby
amended as follows :
ARTICLE IV. RESIDENTIAL DEVELOPMENT TAX
SECS. 28-87 -- 28-99 . RESERVED.
ARTICLE . V. ADMINISTRATIVE APPEALS OF REQUIREMENTS
FOR DEDICATIONS AND EXACTIONS
Sec . 28-100 . Definitions .
As used in this article :
"Conditional Approval" shall mean an approval by the City for
the use, improvement or development of real property, which
approval is conditioned upon a dedication or exaction as defined
herein. It is intended that this definition of "conditional
approval" shall apply only to those approvals which are subject to
the administrative appeals process required by A.R. S . § 9-500 . 12
and any reported Arizona or federal court decisions interpreting
those requirements . This definition does not include any
conditional approvals made by a legislative act of the City Council
that does not give discretion to an administrative body or official
to determine the nature or extent of the dedication or requirement,
as provided by A.R. S . § 9-500 . 12 (B) .
"Dedication" shall mean the requirement of a dedication of
title to property to the City as part of a conditional approval for
the use, improvement or development of real property which are
subject to A.R. S . § 9-500 . 12 and any reported Arizona or federal
court decisions interpreting that statute .
"Exaction" shall mean those requirements for conditional
approval referred to as exactions in A.R. S . § 9-500 . 12 and any
reported Arizona or federal court decisions interpreting that
statute .
Sec . 28-101 . Right to Administrative Appeal .
A property owner, or the developer of the property in question
if the developer is the applicant, may appeal the dedications or
exactions required for a conditional approval to an administrative
hearing officer to be designated pursuant to Sec . 28-103 . The
property owner or developer shall not be requested to waive the
right of administrative appeal or trial de novo in the Superior
Court at any time during the consideration of the property owner' s
or developer' s request .
Sec . 28-102 . Notice of Appeal Right .
The administrative official, whose decision to require a
dedication or exaction is appealable under Sec . 28-101, shall give
written notice of the final decision and of the right of the
property owner or applicant to an administrative appeal of the
requirement . The notice of appeal right required by this section
may be given generally as part of the information provided to
development applicants by the Community Development Group staff .
In that event, the administrative official shall give notice to the
property owner or other development applicant of the final decision
of dedication or exaction required in connection with the
development proposal .
Sec . 28-103 , Appointment of Hearing Officer.
The City Manager, or his designee, shall designate hearing
officers to hear administrative appeals required by A.R. S . § 9-
500 . 12 (B) . The hearing officer shall not be employed in the same
department or have direct supervisory responsibilities over the
same department as the official whose decision is being appealed.
The City Manager also may designate the Board of Adjustment as the
body to hear the administrative appeals under this. article .
Sec . 28-104 . Administrative Appeal Procedure .
(a) Filing of the Appeal . The property owner or other
development applicant, who intends to exercise the right to an
administrative appeal of requirements for dedications or exactions,
as provided in this article, shall file or mail a written request
for administrative appeal to the designated hearing officer. The
appeal request shall be mailed or filed within thirty (30) days
after notice is given of the final determination of the development
or exaction requirements under Sec . 28-102 . No fee shall be
charged for filing the appeal . The request for appeal may be in
the form of a letter or other written communication, but shall give
fair notice that it requests an administrative appeal of a
dedication or exaction requirement and of the particular dedication
or exaction being appealed.
(b) Time for hearing; notice. After receipt of an appeal
under this section, the hearing officer shall schedule a time for
the appeal to be heard not later than thirty (30) days after
receipt . The property owner or other development applicant shall
be given at least ten (10) days' notice of the time when the appeal
will be heard unless the property owner or development applicant
agrees to a shorter time period.
(c) Conduct of hearing. In all appeals under this section,
the administrative official, whose decision on a dedication or
exaction is being appealed, has the burden to establish that there
is an essential nexus between the dedication or exaction and a
legitimate governmental interest and that the proposed dedication
or exaction is roughly proportional to the impact of the proposed
use, improvement or development . If more than a single parcel is
involved, this requirement applies to the entire property that is
subject to the approval . The hearing officer shall hear such
testimony and consider such evidence as is relevant to the
determination of such issues . The hearing officer shall not be
bound by technical rules of evidence or procedure in conducting the
hearing.
(d) Decision of appeal . The hearing officer shall decide the
appeal within five (5) working days after the appeal is heard. If
the City' s administrative official does not meet its burden under
subsection C above, the hearing officer shall modify or delete the
requirement of the dedication or exaction.
Sec . 28-105 . Appeal to Superior Court .
If the hearing officer modifies or affirms the requirement of
the dedication or exaction, a property owner or other development
applicant aggrieved by the decision of the hearing officer may
appeal the hearing officer' s decision to the Superior Court within
thirty (30) days after the decision was rendered, by following the
procedures required in A.R. S . § 9-500 . 12 (G) and (H) .
SECTION 2 . Whereas the immediate operation of the provisions
of this Ordinance is necessary for the preservation of the public
peace, health, and safety of the City of Glendale, an emergency is
hereby declared to exist, and this Ordinance shall be in full force
and effect from and after its passage, adoption, and approval by
the Mayor and Council of the City of Glendale, and it is hereby
exempt from the referendum provisions of the Constitution and laws
of the State of Arizona.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the
City of Glendale, Maricopa County, Arizona, this 24th day of
October, 1995 .
MAYOR
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ATTEST:
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City Clerk (SEAL)
APP E AS F M:
City Attorney
RE IE ED BY: '
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City Manager