ORDINANCE NO. 874-25

ORDINANCE NO. 874-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, (1) AMENDING THE QUEEN CREEK ZONING ORDINANCE ARTICLES 1.4 "DEFINITIONS", 2.2 "PLANNING DIVISION AND PLANNING ADMINISTRATOR", 3.3 "SITE PLAN AND FINAL SUBDIVISION PLAT", 4.10 "PLANNED COMMUNITY DISTRICT", 4.11 "PLANNED AREA DEVELOPMENT OVERLAY DISTRICT" AND THE QUEEN CREEK DESIGN STANDARDS, SECTION DS.4 "SINGLE-FAMILY RESIDENTIAL STANDARDS", DS.5 "MULTI­ FAMILY RESIDENTIAL STANDARDS", AND DS.6 "NON­ RESIDENTIAL STANDARDS" (ASSOCIATED CASE P25-0086), AS DESCRIBED IN EXHIBIT A ATTACHED HERETO; (2) AMENDING THE QUEEN CREEK SUBDIVISION ORDINANCE, SECTION 4.5 "STAGE 5 - FINAL PLAT AND IMPROVEMENT PLAN APPROVAL" AS DESCRIBED IN EXHIBIT B ATTACHED HERETO; (3) AMENDING THE QUEEN CREEK TOWN CODE CHAPTER 7 ARTICLE 7-6-12 "BUILDING SAFETY PLAN REVIEW FEES" TO ESTABLISH AN EXPEDITED PLAN REVIEW FEE AS DESCRIBED IN EXHIBIT C ATTACHED HERETO; AND (4) AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES TO EXECUTE EXPEDITED BUILDING PLAN REVIEW AND AT RISK GRADING AND DRAINAGE PERMIT PROCESSES. WHEREAS, A.R.S. § 9-802 provides a procedure whereby a municipality may enact the provisions of a code or public record by reference, without setting forth such provisions, providing that the adopting ordinance is published in full, but exhibits to the ordinance need not be published in full so long as certain requirements are fulfilled; and WHEREAS, the Legislature adopted and the Governor signed HB2447, which requires municipalities by December 31, 2025, by ordinance, to: (i) authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, lot ties, preliminary plats, final plats and plat amendments without a public hearing; (ii) authorize administrative personnel to review and approve design review plans based on objective standards without a public hearing; (iii) allow at-risk submittals for certain on-site preliminary grading and drainage work or infrastructure, and allow applicants with a history of compliance with building codes and regulations to be eligible for expedited permit review; and WHEREAS, the Town of Queen Creek deems it necessary to approve text amendments to the Zoning Ordinance, Design Standards, and Subdivision Ordinance to comply with the authorization of administrative approval for the applications identified in HB2447; and WHEREAS, the Town of Queen Creek deems it necessary to implement an expedited plan review process and amend the Queen Creek Town Code Section Chapter 7 Article 7-6-12 "Building Safety Plan Review Fees" to establish an associated expedited plan review fee to allow applicants with a history of compliance with building codes and regulations to be eligible for expedited plan review as required by HB2447; and WHEREAS, it is in the best interest of the Town, its residents, and its customers to amend the Queen Creek Zoning Ordinance, Design Standards, Subdivision Ordinance, and Town Code to comply with the requirements of HB2447; and WHEREAS, a Public Hearing on P25-0086 "HB2447 Zoning Ordinance and Design Standards Text Amendments" was heard before the Planning and Zoning Commission on August 13, 2025; and WHEREAS, the Planning and Zoning Commission voted 6-0 in favor of the text amendment case on August 13, 2025; and WHEREAS, a Public Hearing on this Ordinance was heard before the Town of Queen Creek Town Council on September 17, 2025. BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, AS FOLLOWS: Section 1: The amendments to the Queen Creek Zoning Ordinance Articles 1.4 "Definitions", 2.2 "Planning Division and Planning Administrator", 3.3 "Site Plan and Final Subdivision Plat", 4.10 "Planned Community District", 4.11 "Planned Area Development Overlay District" and the Queen Creek Design Standards, Section DS.4 "Single-Family Residential Standards", DS.5 "Multi-Family Residential Standards", and DS.6 "Non-Residential Standards" are attached hereto as Exhibit A and Exhibit A is declared to be a public record and is adopted and incorporated herein by this reference. Section 2: The amendments to the Queen Creek Subdivision Ordinance, Section 4.5 "Stage 5 - Final Plat and Improvement Plan Approval" are attached hereto as Exhibit B and Exhibit B is declared to be a public record and is adopted and incorporated herein by this reference. Section 3: The amendments to the Queen Creek Town Code Section Chapter 7 Article 7-6-12 "Building Safety Plan Review Fees", establishing an expedited plan review fee as twice the plan review fee charged for the requested building permit are attached hereto as Exhibit C and Exhibit C is declared to be a public record and is adopted and incorporated herein by this reference. Section 4: The Development Services Director is hereby authorized to and shall develop procedures and requirements for expedited building plan review requests. Section 5: The Development Services Director is hereby authorized to and shall develop procedures and requirements for at risk grading and drainage permits to be included in the Town of Queen Creek Design Standards & Procedures Manual. Section 6: If any section, subsection, clause, phrase or portion of this Ordinance or any part of these amendments to the Zoning Ordinance, Design Standards, Subdivision Ordinance, or Town Code is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 7: At least one paper copy and one electronic copy of this Ordinance and Exhibit(s) are to be filed with and will be located at the office of the Town Clerk. PASSED AND ADOPTED by the Common Council of the Town of Queen Creek, Arizona, this 17rth day of September, 2025. FOR THE TOWN OF QUEEN CREEK: Leah Martineau, Vice Mayor ATTESTED TO: Maria Gonzalez, Town Clerk REVIEWED BY: Bruce Gardner, Town Manager APPROVED AS TO FORM: Dickinson Wright, PLLC Town Attorneys EXHIBITS ON FILE AND LOCATED AT THE TOWN CLERK'S OFFICE September 26, October 3 2025 LAZS0374375