Mesa’s Planning and Zoning Board on Dec. 10 approved a consent agenda and recommended adoption of two ordinance packages that will reshape how some site-plan changes and administrative land-use reviews are handled in the city.

The board voted to adopt item 6A, which revises chapters 66 and 67 of the Mesa City Code to update the organization and duties of the Planning and Zoning Board and the Design Review Board, and to recommend item 6B, a broad set of code changes to multiple chapters of Title 11 to align the city’s administrative review and objective-design standards with Arizona law (ARS 9-500.49). Both actions passed unanimously.

The most substantive public comment came from Adam Baugh, who identified himself as a Mesa resident at 2121 East Highland Avenue and said the draft redline had been released ‘‘about 48 hours ago’’ and he had not had time to fully digest it. Baugh urged the board to narrow or clarify provisions he said could expand the circumstances that require a rezoning, arguing that the new phrasing around ‘‘change of land use or uses’’ could push routine tenant changes or interior repurposings into a rezoning process.

"The draft was released 48 hours ago, and I really haven't had time to fully digest it," Baugh told the board. "When you read the text, now they've added the phrase ‘change of land use or uses,’ and that could require a rezone even when developers are not changing the building footprint."

City staff responded that the underlying process for projects already tied to an ordinance has not changed. "The process has not changed," a staff member said, adding that the state statute governs objective design standards rather than every element of a site plan. Staff said they broadened the set of projects classified as minor site-plan amendments because previous criteria were narrow, and that many projects will not be affected by the new language.

Board members pressed staff to clarify when a change of tenant or use would trigger a major site-plan modification or return a case to council. Staff and planning consultants explained that if a site plan is tied to an ordinance or other council action (for example, a PAD or other rezoning with stipulations), then changes to that site plan can be categorized as major modifications and require legislative action. A staff attorney also noted prior litigation on the issue, saying courts have previously upheld that a site plan tied to an ordinance can amount to a rezoning that must be considered by the council.

In response to the concerns, the board included a condition in its recommendation on item 6B directing staff to clarify the meaning of "change of use" in the draft language (section 11-69-5) before the items go to the City Council. Staff told the board the agenda and supporting materials were posted in advance (the agenda was posted Thursday and supplemental redline materials were added to the city website subsequently), and staff said the Code changes are scheduled for City Council introduction on Jan. 12 with possible final action later in January.

Votes at a glance: the consent agenda (multiple site plans and plan amendments) was approved by voice vote; the board voted to adopt item 6A (amendments to Chapters 66 and 67) and to recommend item 6B (broad Title 11 revisions to implement ARS 9-500.49) with the condition that staff clarify "change of use" language prior to council consideration. Both item votes passed unanimously.

What’s next: Staff will work with the city attorney’s office to refine and clarify the "change of use" definition as requested by the board, and the items will be forwarded to City Council for introduction and further public consideration.