§ 23-1-7 Procedure to establish historic preservation district.
(A) Applications to establish Historic Preservation Districts shall be filed with the Planning Department.
(B) The Planning Department shall transmit the application to the Historic Preservation Officer of the City of Goodyear who shall compile and transmit to the HP Commission a complete report on the property in the application, including the location, condition, age, historical features and other relevant information, together with a recommendation to grant or to deny the application and the reasons for the recommendation.
(C) The HP Commission shall set a date for public hearing on the application. Notice of the hearing shall be mailed to the property owner and to the applicant, if different from the owner, at least 30 days prior to the hearing. The notice shall clearly state the implications of HP zoning to the property owner. Notice of the hearing shall be posted at least ten days prior to the hearing on or near the property in one or more locations so that the notice is visible to persons living or working in the neighborhood and to persons passing through the neighborhood.
(D) The HP Commission shall evaluate each parcel of property within an area that is included in the application for a demonstrated quality of significance in local, regional, state or national history, architecture, archaeology, engineering or culture and integrity of location, design, setting, materials, workmanship, feeling and association according to the following criteria:
(1) Associated with events that have made significant contribution to the broad patterns of our history;
(2) Associated with the lives of persons significant in our past;
(3) Embody the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction;
(4) Have yielded or may be likely to yield information important in the understanding of our pre history or history of Goodyear; and/or
(5) Are at least 50 years old or have achieved significance within the past 50 years if the property is of exceptional importance.
(E) The HP Commission shall, when applying the evaluation criteria in subsection (D) of this section, draw the boundaries of an historic district as carefully as possible to ensure that:
(1) The district contains documented historic, architectural or archaeological resources; and
(2) The district boundaries coincide with documented historic boundaries such as early roadways, canals, subdivision plats or property lines;
(3) Other district boundaries coincide with logical physical or manmade features and reflect recognized neighborhood or area boundaries; and
(4) Other non historic resources or vacant land is included where necessary to create appropriate boundaries to assist in meeting the criteria of subsection (D) of this section.
(F) Following the hearing, the HP Commission shall transmit to the Planning Commission, the HP Commission’s decision, report and recommendations.
(G) Upon receipt of the decision, report and recommendation of the HP Commission, the Planning Commission shall schedule a hearing on the application in the same manner and with the same notice requirements as are used for public hearings on other zoning applications by the Planning Commission. Notice of hearings shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property, within 300 feet of the property, to be designated HP.
(H) The Planning Commission shall conduct a public hearing at which the property owner, parties in interest and citizens shall have an opportunity to be heard. After such public hearing, the Planning Commission shall make a report and recommendation to City Council.
(I) City Council may set a public hearing on the application or may adopt the Planning Commission’s recommendations without holding another public hearing unless:
(1) The property owner, member of the public or a City Council member, within seven calendar days after the Planning Commission announces its recommendations, either:
(a) Objects in writing to adoption of the recommendation without a City Council hearing; or
(b) Requests in writing that a public hearing be held on the application; or
(2) In the event that a public hearing before the City Council is to be held, the date, time and place of such hearing and the nature of the application shall be published at least once in a newspaper of general circulation in the City of Goodyear at least 15 days before the hearing and notice of the hearing shall be sent first class mail to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property within 300 feet of the property, to be designated HP. The date, time and place of such hearing and application shall be posted within the area included in the application so as to give at least 15 days’ notice of such Council hearing. In the case of a continuance, at least seven days’ posting is required but no publication is required.
(J) If a public hearing is held by City Council, then City Council may do one of the following:
(1) Adopt the recommendation of the Planning Commission;
(2) Modify the decision of the Planning Commission and adopt it as modified;
(3) Deny the application; or
(4) Remand the application to the Planning Commission of the HP Commission for further proceedings.
(K) Designation of property by City Council as historic preservation shall be followed by City Council adoption of a supplemental zoning map adding the suffix HP to the zoning classification of the property.
(L) The HP Commission may elect to first transmit its decision, report and recommendations to the Zoning Hearing Officer.
(1) In the event the HP Commission elects to first transmit its decision, report and recommendations to the Zoning Hearing Officer, the proceedings, including any hearings by the Planning Commission and the City Council, shall be governed by the provisions of the Zoning Ordinance governing rezoning matters.
(2) Notices of hearings held pursuant to this section shall be sent by first class mail to each real property owner, as shown on the last assessment of the property, of the area to be designated HP and all property owners, as shown on the last assessment of the property, within 300 feet of their property, to be designated HP. (Ord. 2001-748, passed 6-25-2001)