Rezoning property within all Arizona municipalities and counties is a perfect blend of legal, legislative, administrative, and political processes requiring an expert in the field who knows the law, process, and political contacts needed to secure the necessary entitlements.
1
Complete the Necessary Due Diligence, Including a Full Zoning History, for the Subject Property.
All property is not created equal and therefore, each parcel will encounter unique limitations and advantages within the rezoning process. Complete due diligence research is required prior to beginning the rezoning process, including a full zoning history of the parcel. Many land owners and developers fail to find stipulations and other encumbrances attached to their property at the beginning of the process that may impede their ability to develop the property in the future. A qualified land use and zoning attorney is necessary to ensure that the subject property can be rezoned and developed in the manner envisioned by the land owner or developer. This step of the process also allows the land owner to determine if a rezoning is even necessary and if so, which zoning district provides the greatest advantages and whether the City Ordinance will permit the development with or without the need for variances, which are approved through a separate, quasi-judicial City process.
2
Complete a Full Political Evaluation of the Surrounding Neighborhood and the Necessary Political Bodies.
Although the rezoning process seems to be an organized, step-by-step process, those who jump into the zoning world without first testing the political waters often find themselves neck deep in opposition and without the support of their local City Council member. Once the due diligence research has revealed that the subject property may be rezoned to the desired district, one must evaluate whether the necessary neighborhood and political support will exist throughout the process. Multiple meetings with neighborhood leaders and associations are necessary prior to even filing any formal documentation with the City. Moreover, a land owner or developer should rely upon their attorney to make the necessary introductions with the applicable elected officials and seek her/his support of the project.
3
The Pre-Application and Initial Meetings with City Planning Staff.
Once it is understood that the neighborhood is, at a minimum, willing to discuss the proposed development and that your district's City Council member is supportive of the project, it is now time to file a pre-application with the City's Planning Staff. The pre-application will require the expertise of not only your attorney, but also an engineer and architect, depending upon the complexity and type of project being proposed. In general, City Staff will assist the applicant in perfecting the rezoning request for the formal application. It is important to keep in mind that while City Staff members are not the final decision makers, whether or not the Staff Report recommends approval or denial of your rezoning request will greatly affect the decisions of the Village Planning Committee, the Planning Commission, and the City Council, the members of which ultimately vote on your rezoning application.
4
The Formal Rezoning Application.
The formal rezoning application is a complex submission including a detailed narrative describing the proposed zoning district and the district's and development's compliance with surrounding property uses and the General Plan, a detailed and engineered site plan, landscape plan, and other documentation depending upon the size, type, and intensity of the proposed development. It is also important to note that Phoenix and other jurisdictions are beginning to require information on the development's sustainable features including, but not limited to, materials, solar power, weatherproofing, energy-efficient lighting and machinery, reflective roofing, and onsite water reuse and conservation.
5
The First Neighborhood Meeting.
It is important to note that the rezoning process includes various notice requirements for surrounding property owners and neighborhood/community associations. While properly rezoning your property should have dictated that the applicant be in touch with the surrounding neighbors from the beginning of the process, the City usually only requires the applicant to hold one official neighborhood meeting. But some zoning districts, such as the Planned Unit Development, will require multiple meetings with surrounding neighbors. Your official neighborhood meeting is your opportunity to present your rezoning case and proposed development to the surrounding property owners and seek their input and/or concerns. This is when having an experienced zoning attorney can truly pay off as he/she often has vital relationships with key neighborhood leaders. Do not ignore neighbors with concerns. Such concerns can easily evolve into full opposition at your formal hearings.
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