Shadow Rock-Gold Key Neighborhood Association

UPDATE on Zoning issue >>Important<<

Feb 13, 2007

Hi everyone,

I called the Zoning commission today at 262-7131 option 6

What is being requested is a "use permit" not a zoning change. The AJ's shopping area is zoned as PSC (Planned Shopping Center). A use permit is needed (see below) for Second Hand/Used Merchandise Sales. Use Permit requests are only heard before a Hearing Officer (last Thursday 2-8-2007). The hearing officer supposedly does not receive input from politicians or anyone after the hearing, during the "under advisement" timeframe. After the hearing officer has made a decision (this week), all parties have 15 days to appeal to the Board of Adjusters and 30 days to appeal to Superior Court. That would be the time the city council can weigh in. This will never go before the city council to be approved. It appears that the Hearing Officer and appeals process have the only & final say.
An appeal, if necessary costs interested parties (us) nothing, the use permit requestor must pay 1/2 the cost of any appeals. Again, in the information below we see that HOA's within one mile must be notified (we are a neighborhood association?? Does that mean we don't get notified?? But, GOLD KEY Town Homes does have an HOA and they were NOT notified)
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Use permits are normally approved. From the city website http://phoenix.gov//PLANNING/zonfaqs.html


A use permit is a request to allow a use which is permitted by the Zoning Ordinance, provided that the use will not cause an adverse or negative impact on properties in the area. Obtaining a use permit involves one public hearing before the Zoning Administrator. This hearing occurs approximately one month after the filing of an application. A use permit may be approved after the applicant proves that two conditions are satisfied: (1) The use will not cause an adverse impact** on adjacent property or properties in the area and (2) the use will be in compliance with all provisions of the Zoning Ordinance and the laws of all other applicable jurisdictions. As an example, outdoor dining at a restaurant is permitted in the C-2 zoning district only after a use permit has been obtained. Once approved and any conditions are met, use permits stay with the land and do not expire unless stipulated otherwise. Please refer to Section 307 of the Zoning Ordinance for all criteria and full text on use permits.



** adverse impact: was explained to me as noise, smells, increased traffic -- potential financial ruin is not included

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http://www.municode.com/Resources/gateway.asp?pid=13534&sid=3 See Chapter 6 section 637 and section 622

144. Second Hand/Used Merchandise Sales, subject to the following conditions or limitations: +14 *25
a. No merchandise shall be received and/or processed for sale at another site; and +14
b. A use permit shall be obtained in accordance with the standards and procedures of Section 307; and +14
c. In addition to the findings set forth in Section 307.A.7, the following conditions shall be met: +14
(1) That no such use is located on a lot with a property line within thirteen hundred twenty (1,320) feet, measured in a straight line in any direction, of the lot line of another such use regardless of the zoning district or section; and +14 *21
(2) That at the time of application, a maximum of three such uses (regardless of the underlying zoning district) shall exist within the same section as the proposed use and all lots abutting the opposite side of the arterial(s) to which the subject site is adjacent. +14 *21
(3) "Section" means a section as defined by the Gila and Salt River Baseline and Principal Meridian. +14 *21
d. The applicant shall provide the following additional information in conjunction with the use permit application: +14
(1) A survey of second hand/used merchandise sales uses within the area identified in Section 142.C.ii, and within thirteen hundred twenty (1,320) feet of the lot line of the proposed use as provided in Section 142.C.i. +14 *21
(2) Evidence that notice of the date, time, place and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within three hundred (300) feet of the subject property. +14 *21
(3) Evidence that notice of the date, time, place and nature of the request has been sent to all homeowners associations registered with the City located within one (1) mile of the subject property. +14 *21
e. It shall be the responsibility of the applicant to comply with the provisions of Section 142 c., and to provide the City with evidence of such compliance pursuant to Section 142.d.i. Failure to comply with the provisions of Section 142.c shall be grounds for revocation of the use permit. +14