"A Unique Stand-Alone Zoning District" ?????????????????
PROJECT NAME: Leisure and Recreation Zone District
Introduction of the following ordinance and setting February 10, 2020 as the date of the public hearing on this ordinance:
BLOGGER NOTE: THE ORDINANCE IS REPRODUCED FARTHER DOWN FOR READERS OF THIS BLOG TO REVIEW
Amending Title 11, the Zoning Ordinance
of the Mesa City Code,
"This amendment allows for entitled property to be zoned specifically for either public or private recreational uses as a stand-alone unique zoning district, geared towards parks and open space recreational uses."
Staff Recommendation: Approval
P&Z Board Recommendation: Approval
[ Action Item *5-a on Consent Agenda for Mesa City Council Meeting on January 27, 2020 ]
| On agenda: 1/27/2020 |
_______________________________________________________________________
STAFF REPORT
City Council Hearing January 27, 2020PROJECT NAME: Leisure and Recreation Zone District
Applicant's Name: The City of Mesa Planning Division
Request: Amendments to Title 11, the Mesa Zoning Ordinance, Article 2:
Base Zone by adding Chapter 15: Leisure and Recreation Zone
District to Title 11; and amending Article 1: Introductory
Provisions, Chapter 3: Designation of Zoning Districts, Zoning
Map, and Boundaries by adding the Leisure and Recreation base
zone to the Zoning Ordinance of the Mesa City Code.
- P&Z Hearing Date(s): December 11, 2019 / 4:00 p.m.
Report Date: November 22, 2019
Staff Planner: Rachel Prelog
Staff Recommendation: APPROVAL
Planning and Zoning Board Recommendation: Approval
City Staff is proposing amendments to the Mesa Zoning Ordinance (MZO) to create a new zoning district category, “Leisure and Recreation” (LR).
The purpose of this district is to allow public and private parks as a specific entitled land use and zoned district.
Currently, the MZO allows for public parks and recreation uses within other zoning districts;however, there are no provisions to entitle property specifically for either public or private recreational uses as a stand -alone unique zoning district geared towards parks and open space recreational uses.
As a result of the absence of this district, general development proposals with areas that are intended to be specifically reserved for development of open spaces and other associated recreational uses receive an underlying zoning that also allows for other non-parks and open
space recreational uses.
Over time, these spaces become challenging and prone to conversion
to other uses generally allowed in the designated zoning district; thereby potentially losing the reserved open space and recreation use of the property.
Allowing the creation of a Leisure and Recreation Zoning District will enable various development to zone land specifically for leisure and recreation uses, which will minimize the occasional challenges of allowing conversion to non-open space and recreation uses, especially whenever there is a transfer of ownership.
These places are an essential part of having a healthy, productive, vibrant city.
Creating and maintaining a variety of great neighborhoods
Growing and maintaining diverse and stable jobs
Providing rich, high-quality public spaces and cultural resources.
The PRCF Gold Medal 2025 Plan establishes a set of guiding principles to assist in decision making that may have a system-wide impact.
One of the guiding principles of the PRCF is to provide services at a sustainable rate. “Increasing operational costs, environmental regulations, expanding requests for services, land use pressures, environmental degradation, and social disparity can create a sense of scarcity and compromise the long-term vitality of anorganization”
(PRCF 2025 Plan pg. 35).
The creation of the LR District with specific entitlements
for open space and recreational uses supports the sustainability of the park system by providing greater protection of parkland for future generations and supporting a land use pattern that balances services across the city.
_______________________________________________________________________
Section 1: That the table of contents for Article 2, Base Zones, of Title 11, is amended as follows: Article 2: Base Zones Chapter 4- Agricultural District Chapter 5- Residential Districts Chapter 6- Commercial and Mixed Use Districts Chapter 7- Employment Districts Chapter 8- Downtown Districts Chapter 9 (Reserved) Chapter 10- Public and Semi-Public District Chapter 11- Planned Community District Chapter 12- Infill Development Districts Chapter 13 (Reserved) Chapter 14 - Employment Opportunity District Chapters 15 - 18 (Reserved) CHAPTER 15- LEISURE AND RECREATION DISTRICT CHAPTER 16-18 (RESERVED) - 2 - Section 2: That Title 11, Chapter 3, Section 11-3-1(A) is hereby amended as follow:
Staff Planner: Rachel Prelog
Staff Recommendation: APPROVAL
Planning and Zoning Board Recommendation: Approval
PROJECT DESCRIPTION
BackgroundCity Staff is proposing amendments to the Mesa Zoning Ordinance (MZO) to create a new zoning district category, “Leisure and Recreation” (LR).
The purpose of this district is to allow public and private parks as a specific entitled land use and zoned district.
Currently, the MZO allows for public parks and recreation uses within other zoning districts;however, there are no provisions to entitle property specifically for either public or private recreational uses as a stand -alone unique zoning district geared towards parks and open space recreational uses.
As a result of the absence of this district, general development proposals with areas that are intended to be specifically reserved for development of open spaces and other associated recreational uses receive an underlying zoning that also allows for other non-parks and open
space recreational uses.
Over time, these spaces become challenging and prone to conversion
to other uses generally allowed in the designated zoning district; thereby potentially losing the reserved open space and recreation use of the property.
Allowing the creation of a Leisure and Recreation Zoning District will enable various development to zone land specifically for leisure and recreation uses, which will minimize the occasional challenges of allowing conversion to non-open space and recreation uses, especially whenever there is a transfer of ownership.
General Plan Goals 2040
Providing rich, high-quality public spaces is one of the overarching goals of the Mesa 2040 General Plan. As described in the General Plan, public spaces can be both public property and private land where people have the opportunity to come together, meet, and interact. These places are an essential part of having a healthy, productive, vibrant city.
Creating and maintaining a variety of great neighborhoods
Growing and maintaining diverse and stable jobs
Providing rich, high-quality public spaces and cultural resources.
The goals and policies within Chapter 6 of the General Plan: Providing Rich, High Quality Public
Spaces and Cultural Resources, also aligns with the City’s Parks, Recreation and CommercialFacilities (PRCF) Gold Medal 2025 Plan. Within the PRCF 2025 Plan, the City aims to preserve open space and places a strong emphasis on connecting people to the land and to each other.The PRCF Gold Medal 2025 Plan establishes a set of guiding principles to assist in decision making that may have a system-wide impact.
One of the guiding principles of the PRCF is to provide services at a sustainable rate. “Increasing operational costs, environmental regulations, expanding requests for services, land use pressures, environmental degradation, and social disparity can create a sense of scarcity and compromise the long-term vitality of anorganization”
(PRCF 2025 Plan pg. 35).
The creation of the LR District with specific entitlements
for open space and recreational uses supports the sustainability of the park system by providing greater protection of parkland for future generations and supporting a land use pattern that balances services across the city.
Staff Recommendation
Based upon the preceding analysis and compliance with the goals and vision of the Mesa 2040General Plan, staff recommends approval of the proposed text amendments._______________________________________________________________________
PROPOSED ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESA,
MARICOPA COUNTY, ARIZONA, AMENDING MESA CITY CODE TITLE
11, THE ZONING ORDINANCE, BY ADDING CHAPTER 15: LEISURE AND
RECREATION ZONE DISTRICT TO ARTICLE 2: BASE ZONE; AND BY
ADDING THE LEISURE AND RECREATION BASE ZONE TO CHAPTER 3:
DESIGNATION OF ZONING DISTRICTS, ZONING MAP, AND
BOUNDARIES TO ARTICLE 1: INTRODUCTORY PROVISIONS AND
PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF.
WHEREAS, it has become apparent, and in the best interest of the City, to update Title 11, the
Mesa Zoning Ordinance; and
WHEREAS, the changes encompass amendments to Article 2: Base Zone by adding Chapter 15:
Leisure and Recreation Zone District to Title 11; and amending Chapter 3: Designation of Zoning
Districts, Zoning Map, and Boundaries by adding the Leisure and Recreation base zone to the Zoning
Ordinance of the Mesa City Code; and
WHEREAS, the proposed changes create a Leisure and Recreation Zone District providing a
specific underlying zoning district to facilitate park, open space, and recreational uses.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA, AS
FOLLOWS:
Text written in BOLD ALL CAPS indicates new language.
Strikethrough fonts indicates deletions.Section 1: That the table of contents for Article 2, Base Zones, of Title 11, is amended as follows: Article 2: Base Zones Chapter 4- Agricultural District Chapter 5- Residential Districts Chapter 6- Commercial and Mixed Use Districts Chapter 7- Employment Districts Chapter 8- Downtown Districts Chapter 9 (Reserved) Chapter 10- Public and Semi-Public District Chapter 11- Planned Community District Chapter 12- Infill Development Districts Chapter 13 (Reserved) Chapter 14 - Employment Opportunity District Chapters 15 - 18 (Reserved) CHAPTER 15- LEISURE AND RECREATION DISTRICT CHAPTER 16-18 (RESERVED) - 2 - Section 2: That Title 11, Chapter 3, Section 11-3-1(A) is hereby amended as follow:
CHAPTER 15 LEISURE AND RECREATION (LR) DISTRICT
SECTIONS:
11-15-1 PURPOSE
11-15-2 LAND USE REGULATIONS
11-15-3 REVIEW OF PLANS
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11-15-1: PURPOSE
THE PURPOSE OF THE LEISURE AND RECREATION (LR) DISTRICT IS TO ALLOW PUBLIC AND
PRIVATE PARKS AS A SPECIFIC BASE ZONING DISTRICT. THE DISTRICT PROVIDES FOR A
VARIETY OF RECREATION-RELATED FACILITIES AND USES FOR RESIDENTS AND VISITORS OF
THE CITY.
11-15-2 LAND USE REGULATIONS
IN TABLE 11-15-2, THE LAND USE REGULATIONS FOR EACH LEISURE AND RECREATION
ZONING DISTRICT ARE ESTABLISHED BY LETTER DESIGNATIONS AS FOLLOWS:
∗ “P” DESIGNATES USE CLASSIFICATIONS PERMITTED IN THE LEISURE AND RECREATION
DISTRICT.
∗ “SUP” DESIGNATES USE CLASSIFICATIONS PERMITTED ON APPROVAL OF A SPECIAL
USE PERMIT.
∗ “CUP” DESIGNATES USE CLASSIFICATIONS PERMITTED ON APPROVAL OF A COUNCIL
USE PERMIT.
∗ “(X)” A NUMBER IN PARENTHESES REFERS TO A LIMITATION FOLLOWING THE TABLE.
USE CLASSIFICATIONS NOT LISTED ARE PROHIBITED.
THE “ADDITIONAL USE REGULATIONS”
COLUMN INCLUDES SPECIFIC LIMITATIONS APPLICABLE TO THE USE CLASSIFICATION OR
REFERS TO REGULATIONS LOCATED ELSEWHERE IN THIS ORDINANCE.
TABLE 11-15-2: LEISURE AND RECREATION DISTRICT
PROPOSED USE LR ADDITIONAL USE REGULATIONS
PUBLIC AND SEMI-PUBLIC USE CLASSIFICATIONS
COMMUNITY GARDENS P SECTION 11-31-10, COMMUNITY GARDENS
PARKS AND RECREATION
FACILITIES, PUBLIC
P
PARKS AND RECREATION
FACILITIES, PRIVATE
P
11-15-3
REVIEW OF PLANS
ADMINISTRATIVE USE PERMITS, SPECIAL USE PERMITS, AND COUNCIL USE PERMITS SHALL
FOLLOW THE STANDARDS ESTABLISHED IN CHAPTER 70 OF THIS ORDINANCE. ALL OTHER
USES AND DEVELOPMENT SHALL COMPLY WITH THE REVIEW PROCEDURES, STANDARDS
AND CRITERIA ESTABLISHED IN ARTICLE 7,
ADMINISTRATION.
Section 4: The recitals above are fully incorporated in this Ordinance by reference.
Section 5: The effective date of this Ordinance shall be thirty (30) days following adoption by the Mesa
City Council.
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Section 6: If any term, provision, section, subsection, sentence, clause, phrase or portion of this
Ordinance or any part of the material adopted herein by reference is for any reason held to be invalid,
unenforceable, or unconstitutional by the decision of a court of competent jurisdiction, the remaining
provisions of this Ordinance shall remain in effect.
Section 7: PENALTY.
CIVIL PENALTIES:
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of
the commission of a prior violation of this Chapter shall result in a civil sanction of not less than $250
or more than $2,500. A third finding of responsibility within 36 months of the commission of a prior
violation of this Chapter shall result in a civil sanction of not less than $500 or more than $2,500. In
addition to the civil sanction, the responsible party shall pay the applicable fees and charges set
forth in the City’s Development and Sustainability Department (Code Compliance) Schedule of Fees
and Charges, and may be ordered to pay any other applicable fees and charges.
B. The 36-month provision of subsection (A) of this Section shall be calculated by the dates the
violations were committed. The owner, occupant, or responsible party shall receive the enhanced
sanction upon a finding of responsibility for any violation of this Chapter that was committed within
36 months of the commission of another violation for which the owner or responsible party was
convicted or was otherwise found responsible, irrespective of the order in which the violations
occurred or whether the prior violation was civil or criminal.
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil
offense.
HABITUAL OFFENDER:
A. A person who commits a violation of this Ordinance after previously having been found responsible
for committing 3 or more civil violations of this Ordinance within a 24 month period — whether by
admission, by payment of the fine, by default, or by judgment after hearing — shall be guilty of a
class 1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a criminal class 1
complaint in the Mesa City Court against habitual offenders. For purposes of calculating the 24-
month period under this paragraph, the dates of the commission of the offenses are the determining
factor.
B. Upon conviction of a violation of this Subsection, the Court may impose a sentence or incarceration
not to exceed 6 months in jail; or a fine not to exceed $2,500, exclusive of penalty assessments
prescribed by law; or both. The Court shall order a person who has been convicted of a violation of
this Section to pay a fine of not less than $500 for each count upon which a conviction has been
obtained. A judge shall not grant probation to or suspend any part or all of the imposition or execution
of a sentence required by Subsection except on the condition that the person pay the mandatory
minimum fines as provided in this Subsection.
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C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of
Criminal Procedure.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY,
ARIZONA, this 10th day of February, 2020.
APPROVED:
Mayor
ATTEST:
City Clerk
EFFECTIVE DATE:
_____________________________________________________________________| File #: | 20-0073 |
| Type: | Ordinance | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 1/27/2020 |
| Title: | Amending Title 11, the Zoning Ordinance, of the Mesa City Code, by adding Chapter 15: Leisure and Recreation Zone District to Article 2: Base Zone; and by adding the Leisure and Recreation Base Zone to Chapter 3: Designation of Zoning Districts, Zoning Map, and Boundaries to Article 1: Introductory Provisions. (Citywide) This amendment allows for entitled property to be zoned specifically for either public or private recreational uses as a stand-alone unique zoning district, geared towards parks and open space recreational uses. Staff Recommendation: Approval P&Z Board Recommendation: Approval |
| Attachments: | 1. Staff Report, 2. Ordinance, 3. Minutes |
