HomeMy WebLinkAboutPackets - Council Packets (1037) AGENDA
ORO VALLEY TOWN COUNCIL
STUDY SESSION
NOVEMBER 9, 2005
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
STUDY SESSION: AT OR AFTER 5:30 P.M.
CALL TO ORDER: 5:30 P.M.
ROLL CALL
1. REVIEW OF FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK
PLAN
2. DISCUSSION REGARDING PROPOSED BOARD OF ADJUSTMENT
RULES AND OPERATING PROCEDURES
ADJOURNMENT
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA).
If any person with a disability needs any type of accommodation, please notify
the Oro Valley Town Clerk at least five days prior to the meeting, at 229-4700 or
TDY#229-4900.
POSTED: 11/02/05
4:30 p.m.
Ih
TOWN OF ORO VALLEY
COUNCIL
STUDY SESSION MEETING DATE: November 9, 2005
TO: HONORABLE MAYOR& COUNCIL
FROM: Brent Sinclair, AICP, Community Development Director
SUBJECT: FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK PLAN
ADDITIONAL INFORMATION:
This item was continued at the August 3, 2005 Town Council meeting pending a Study Session. Since
August, Staff
has focused on reoccurringitems such as the Capital Improvements Program and the Citizen
Planning completing Institute and com letin items such as the Commercial Code and the General Plan and the Minor
Land Division Code.
Progress
of other items on the Work Plan has been significantly hampered by the vacancies of the
Planning
and ZoningAdministrator and Senior Planner, which are both key positions within this
organization.
4-Lak
Community Development Director
A ista t wn Manan,-r
own Manager
Attachment: August 3, 2005 Council Communication
FY2005-2006 Work Plan
F:\Admin PZ\P&Z Commission\05 Work Plan to TC 080305.doc
•
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION
MEETING DATE: August 3, 2005
CO
TO: HONORABLE MAYOR & COUNCIL
AICD, Planning and Zoning Administrator
FROM: Bryant Nodine,
AND ZONING WORK PLAN
SUBJECT: FISCAL YEAR 2005-2006 PLANNING
BACKGROUND:
The annual Work Plan (per the Zoning Code Article 1-402A)
coordinates Town staff work regarding
g
bylistingspecific projects, their
plans, and Zoning Code amendments p .
development review, land use p � adoption of the plan will provide
p priorityfor completion. Town Council p
status, and the recommended p
sta � ' ' for completing specific work tasks.
staff with direction and priorities p
SUMMARY:
isprovides a keyto the abbreviations in the table
Work Plan attached. The first page
The proposed � or substantially complete. The subsequent page
those projects that are ongoing, annual,
followed by p �
shows projects
that are ranked by priority and start date.
substantially In the past year Staff completed ors y completed the following items:
Boards' and Commissions' Rules and Procedures
R1-300 District
Airport Environs Zone
Commercial Code Amendments
Comprehensive Code Amendments
General Plan Update Revisions
Crime Prevention Through Environmental Design
Site Concept Plan (draft)
Honey Bee Village Archaeological
an es such as those relating to non-conforming uses and assurances.
Minor code ch g
. unanimouslyto recommend approval of the Work
Tannin and Zoning Commission voted
On July 5, the Planning
s which have been incorporated into the attachment.
Plan with revision ,
SUGGESTED MOTIONS:
I move to approve the 2005-2006 Planning and Zoning Work Plan.
OR
I move to approve the 2005-2006 Planning and Zoning Work Plan with the f/owing chan:-s:
Attachment: FY2005-2006 Work Plan
Pla a d Zo ilig Administrator
4-tij
Community Development Director
L\26)/ //F a
:\Admin PZ\P&Z Commission\05 Work Plan to TC 080305.doc LA4414-6e/if--
Town Manager
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TOWN OF ORO VALLEY
COUNCIL STUDY SESSION
MEETING DATE: November 9, 2005
TO: HONORABLE MAYOR& COUNCIL
FROM: Dee Widero, Senior Zoning Inspector
(R)05-54, APPROVING THE BOARD OF
REGARDING RESOLUTION
SUBJECT: DISCUSSION
ADJUSTMENT RULES AND OPERATING PROCEDURES
SUMMARY:
in a
August 31, 2005, the Oro Valley Town Council metStudy/Special Session for discussion and to
On
The motion carried, 6-1, to send t e
action re arding RESOLUTION NO. (R)05-54.
consider possibleg
Rules and Procedures
back to the Board of Adjustment for more work.
their Regular Session discussed the Rules and
Septemberg
On 27, 2005, the Board of Adjustment at
Martin and John Hickey, were in attendance Procedures. Members Colleen Kessler, Andy of the August� the
Session. Chair Kessler gave a brief historical perspective of
31, 2005, Town Council Study/Special brought a
Schannepand Paul Parisi up-to-date. Mr. Hickey g
Rules and Procedures to bring members Bart
new draft document of the Rules for the Board of Adjustment members to discuss and consider. The
members
liked the draft and decided to review the document individually and submit any additional
recommended changes at the next regularlyscheduled Board of Adjustment meeting.
Rules and Operating Procedures and recommended
25, p
On October 2005, the Board approved the attached
them for approval to the Town Council.
Community Development Director
AissiTivir own iager
Ar
Town Manager
Attachments:
1. Resolution (R)05-54
2. Rules and
OperatingProcedures Oro Valley Board of
Adjustment, October 25, 2005
31, 2005
3. Council Communication August
F:Admin PZ\Board of Adjustment\Rules and Procedures to TC 110905.doc
OPP
RESOLUTION NO. (05) 05-54
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING
DOCUMENT KNOWN AS THE "RULES AND OPERATING
S ORO VALLEY BOARD OF ADJUSTMENT, OCTOBER 25, 2005"
PROCEDURE ,
AND MAKING SUCH DOCUMENT A PUBLIC RECORD
WHEREAS, the Town of
Oro Valleyhas established its own Board of Adjustment and is desirous
of adopting
amended Rules and Operating Procedures therefore; and
J
Adjustment has considered that document known as "Rules and
WHEREAS, the Board of
y J
Valle Board of Adjustment, October 25, 2005" meeting, adopted and
Operating Procedures, Oro
recommended Council approval of same;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
Procedures, Oro Valley Board of
as the "Rules and
That certain document knownOperating
Adjustment, October 3, a
2005" is herebyadopted. Said document is attached herewith and labeled
p
as "Exhibit A" and three copies of same are to remain on file in the office of the Town Clerk, and,
further, said document is hereby declared to be a public record.
Mayor AND ADOPTED
bythe Ma or and Council of the Town of Oro Valley this 9th day of
November, 2005.
TOWN OF ORO VALLEY, ARIZONA
Paul H. Loomis,Mayor
ATTEST:
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Melinda Garrahan, Town Attorney
a
I - ORGANIZATION
Terms
hree consecive
Each member shall serve a term of two it e on the 30of June andmay extend yeaaximum of rs
as needed s
(total of six years). The terms shall exp
until a replacement has been appointed.
Officers
The Board of Adjustment shall have a chair and avice-chair wose terms shall rotate h The chair shall pass to providing the Board with the maximum diversity in leadersh p
the vice-chair at the end of a regular meeting where all cases have been decided. The
chair shall preside at all meetings and shall exercise all the usual rights, duties,
prerogatives and responsibilities of any similar organization. The vice-chair shall
perform these duties when the designated chair is not in attendance.
II. MEETINGS
General
All meetings shall be conducted under Robert's Rules.
Regular
ro
Regular meetings are held at 3:00 P.M. on the fourth and/or time may of each month in the ay be changed by a majoOrity
Valley Town Hall. Any regular meeting da
vote should there be a conflict with a holiday or other event.
Special
Special meetings for any purpose may be held by the Board on call of the chair or any
two board members.
Study Session
The Board members may meet prior to a regular educational or adm n
for the istrati ose�e mattersf ng
items on that day's agenda or to discuss other
Order of Business
The order of business shall be:
A. Call to order.
B. Roll call by secretary.
C. Minutes.
D. Presentation of agenda items.
E. Petitioner/applicant presentation.
• The recommended oath for swearing in is as follows:
• "Do you swear or affirm to speak the truth, the whole truth and nothing
but the truth?"
F. Board member questions clarifications.
G. Staff report—limited to facts related to the findings.
H. Questions of staff.
I. Open and hold public hearing.
J. Close public hearing.
K. Closing by petitioner/applicant.
L. The Board shall make a motion and deliberate on agenda item.
M. Hold vote, announce results.
N. Staff up-date report.
O. Motion for adjournment.
III. MEMBER CONDUCT
Board of Adjustment members shall:
• maintain residency in the Town of Oro Valley.
• attend all meetings, unless excused.
• attend annual mandated training.
• become certified in the C.P.I.
• obey all rules and regulations.
• acquire sufficient zoning comprehension to understand all cases brought before
them.
• disclose any conflict of interest and/or ex parte contacts.
• make a personal site visit for each case.
Board members shall not:
• have unexcused absences exceeding two in a row or three in any twelve month
period.
• behave in an unruly manner and/or act with moral turpitude.
• show lack of interest during meetings.
• speak as a representative of the Board of Adjustment without prior approval by
the majority of the Board at a regularly scheduled meeting.
It shall be the duty of the chair to observe member compliance and forward in writing to
the Council liaison possible deviations.
IV. MISCELLANEOUS
Liaison
The board shall elect at a regular meeting one member to serve as the Board
representative on the Interview Committee Panel.
Annual Review
The board shall meet during the second quarter of each calendar year to review the Rules
and Procedures, the Training Manual, the Zoning Code and any other Board documents.
The Board shall take action and/or make recommendations as needed and forward them
on to Town Council.
............6,
2
TOWN OF ORO VALLEY
STUDY/SPECIAL SESSION
COUNCIL COMMUNICATION ON MEETING DATE: August 31, 2005
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: DISCUSSION,
CONSIDERATION AND/OR POSSIBLE ACTION REGARDING
RESOLUTION NO. (R)05-54 APPROVING THE BOARD OF ADJUSTMENT RULES AND
OPERATING PROCEDURES (Continued from August 3, 2005)
SUMMARY:
On April 13, 2005, the Oro
ValleyTown Council met in a joint study session with the Oro Valley Board of
amendments to the Board of Adjustment Rules & Operating Procedures. At
Adjustment to review the proposed them back to
Board of was directed to incorporate the amendments and bring
that study session, the AdjustmentAu gust 3 2005.
the Town Council for
consideration. Resolution No. (R)05-54 was brought to the Council on g ,
At that meeting, a motion
was made to continue this item to a Council study session for further discussion.
ATTACHMENTS:
1) Council Communication dated August 3, 2005
2) Draft Minutes dated August 3, 2005.
3) Minutes dated April 13, 2005.
SUGGESTED MOTION:
If the Town Council chooses to take action this evening, the suggested motion would be:
I MOVE to ADOPT Resolution No. (R)05-54.
1 c, /t
ti
:(--; ' . (-- -'4-?- -zk4) -e- L.,/
Kathryn Cuvelier, Town Clerk
"7---/2 /
‘,..... /
iS/ /4e
Chuck Sweet, Town Manager
1
i ./
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: August 3, 2005
1111
TO.
HONORABLE MAYOR & COUNCIL
FROM:
Bryant Nodine, AICP, Planning and Zoning Administrator
SUBJECT: RESOLUTION (R)05-54 BOARD OF ADJUSTMENT RULES AND OPERATING
PROCEDURES
BACKGROUND:
Some rules and operating procedures for the Board of Adjustment are included within the Zoning Code
without detailed rules
of Adjustment. Other than these, the Board had been working
Section 21.6, Board
and operating procedures.
On May21, 2001, the Board approved a set of rules and procedures as a guide
recognized that these were incomplete in a number of areas and continued to
for the Board. The Board .
further. Duringthis same time, the Council, per the recommendations of the
meet to develop them directed staff to develop bylaws for the Development Review Board, the
1111 Government Review Task Force,
Planning
and ZoningCommission, and the Board of Adjustment.
Based on the Council rules andadoptedpolicies and various meetings of the Board, the May 2001 BOA
revised in mid-2004. On August 24, September 28, October 26, and November 23
rules were substantially
of 2004, and April 5 thisyear,ear, the Board met to consider these. Then on April 13, 2005, the Council and
Board held a point study
session to discuss these rules. Based on that meeting, the Board met two more
times to consider and revise the rules.
SUMMARY:
and Operating Procedures were drafted using same format and language in
The attached Proposed Rules p g
the existing .
Development Review Board rules. They have been modified to include specific procedures
approved
duringtheir deliberations on this item. In particular they reflect that
by the Board of Adjustment
the Board is a quasi-judicial body,
with some rules already established by the Zoning Code.
P
Of note are the term limits
in Section 2.1 Composition. This section, as proposed, conforms to the Zoning
Code Section 21.6.C, which states that there is "no limit on the number of terms", but does not meet the
two-term limit adopted by the Town Council.
On June 28, the Board approved the attached Rules and Operating Procedures and recommended them for
approval by the Council.
SUGGESTED MOTION:
I move to adopt the attached Resolution (R)05- , Rules and Operating ''�ocedures Oro Valley Board of
Adjustment, August 3, 2005 )
c,---d- 1 - .
•
Attachments: Plane r 4 Zon A inistrator
1. Resolution (R)05- 54 y
and Operating Procedures Oro Valley Board of1111
i
2. Rule.. p 4J---
�"� C
Adjustment, August 2005C u Develop ent Director
i yF
� fi /
080305 in PZ\Board of Adjustment\Rules and Procedures to TC
080305.doc ‘4-A4-4 . e----------
Town Manager
C
RESOLUTION NO. i )1 05-54
TTOWN OF ORO
A RESOLUTIOI! OF THEVALLEY, ARIZONA ADOPTING
KNOWN AS THE "RULES AND OPERATING
THAT DOCUMENT �O PROCEDURES, ORO VALLEY BOARD OF ADJUSTMENT, AUGUST 3, 2005"
AND MAKING SUCH DOCUMENT A PUBLIC RECORD
WHEREAS, the Town of Oro Valley has established its own Board of Adjustment and is desirous
of adopting amended Rules and Operating Procedures therefore; and
has considered that document known as "Rules and
WHEREAS, the Board of Adjustment .
Board of Adjustment, August 3, 2005" and, at its June 28, 2005
Operating Procedures, Oro Valley
p g approval
adopted and recommended Council pp
royal of same;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
Procedures, Oro Valley Board of
"Rules and
That certain document known as theOperating
Adjustment, August 3, 2005" isherebyadopted. Said document is attached herewith and labeled as
p
"Exhibit A" and three copies of same are to remain on file in the office of the Town Clerk, and,
further, said document is hereby declared to be a public record.
PASSED AND ADOPTED by the Mayor and Council
of the Town of Oro Valley this 3rd day of
August, 2005.
TOWN OF ORO VALLEY,ARIZONA
Paul H. Loomis,Mayor
ATTEST:
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Melinda Garrahan, Town Attorney
RULES AND OPERATING PROCEDURES
ORO VALLEY BOARD OF ADJUSTMENT
August 3, 2005
1. GENERAL
1.1 Authori
established and governed by Section 3-5-5 of the Town Code
The Board of Adjustment is
and Article 1-7 of the Zoningand the laws of the State of Arizona specific to
Code _ d all
din but not limited to ARS 9 461, A.R.S. 462.06 an
municipal zoning, including
definitions.
1.2 Duties
The Boardare per duties Article 1-7 of the Zoning Code.
2. ORGANIZATION
2.1 Composition
The Board of Adjustment shall be composed of a total of five members who shall be
during their entire term. The Town Council shall appoint the
residents of the Town du g � be
procedures adopted by the Council. Consideration shall
members in accordance with p „
"Desirable Attributes of Board of Adjustment Members".
given to the attached
Appointments shall be for period of two years each ending on June 30th, with terms of
the terms of no more than three members shall expire in any one
members so staggered that the
reason shall be filled by appointment by the Council for
year. Vacancies for any p
remainder of the
unexpired term. The term of all members shall extend until their
successors are appointed.
2.2 Evaluation of Performance
Members seeking reappointment
shall be evaluated annually using the attached "Board of
Adjustment Evaluation Procedure".
2.3
Recommendation for Removal from Office
l of a member for cause from the Oro Valley Board of
A. The two reasons for removal
Adjustment�ustment shall rest in the hands of the Chair as follows:
1. Unexcused Absence: Should a member miss two consecutive meetings or three
year,in one the Chair may consider the position abandoned.
2. The chair may initiate a recommendation to the Board for the removal of a
member for the following reasons:
a. Moral turpitude or unruly behavior.
p
b. Lack
of comprehension to non-technical explanations.
c. Lack of interest, inattentiveness at meetings, and/or sleeping during
4111 meetings.
g
a.
Disregard for, and/or defiance of, rules and procedures.
of the Chair resenting his/her
The procedure for such removal shall consistp
B.
recommendation to theValley
Oro Board of Adjustment along with the documented reasoning. The recommendation of the Board shall be presented to the Oro Valley
Council for action at the next available meeting.
Town the ZoningCode, the Town
does not affect that, per Section 1-704.D of
C• The above
Council may
remove a member from office,by a majority vote.
2.4 Officers
the members with new officers for
A. The Chair and Vice-Chair shall rotateamong�,
will halt for a special session or regularly
each regular meeting that is held. Rotation without cases. The Vice-Chair at one meeting will
scheduled meeting that are held
The Chair shall preside at all meetings and
become the Chair of the next meeting. . �
• dutiesand prerogatives of the head of any similar
exercise all the usual rights, p g
shallperform the duties of the Chair in the absence or
organization. The Vice-Chair eetin the
disability of the Chair.
If both Chair and Vice-Chair are absent from a m g,
member of the Board of Adjustment shall preside.
senior rl scheduled meeting shall
designated as Chair for the next regularly B. The member � Panel to recommend
the Board Chair on the Interview Committee
serve as .
' members in accordance with Council Resolution
appointment or reappointment of .
pp His/her ' iii will continue until the interviewing process is
(R) 04-03. responsibility
complete.
2.5 Ste
The Zoning Code (Sec. 1-705.B) designates the Town Clerk as the Secretary to the Board of
Adjustment.110 It shall be the duty of the Secretary to:
the Board
ents take minutes, schedule meetings and contact
A. Make room arrangements,
regarding attendance and schedule. .
g g month, if a meeting will or will not be held.
Notifythe Board by the 10th of each
B. iii
Board members are to notify the Secretary of inability to attend a meeting.
C. Post agendas in accordance with State law.
2.6 Panning and Zoning or his or her designee shall perform the following
The Planning and Zoning Administrator
functions for the Secretary:
develop
A. Serve as primary contact for the agenda; the agenda and any revisions with
hair; forward the agenda to the Secretary for
the direction and approval of the C ,
posting
the Code and Town policies.
B. Notify all surrounding property owners perZoningcontact made
regarding material for applications. Any
C. Work with the applicantg g in the
the between the staff andapplicant prior to the hearing shall be summarized
staff report if it is germane or pertinent to the case.
reports/materials/exhibits for the Board's consideration.
D. Coordinate all necessary report week nor to the
E. Distribute to the Board
all materials and agenda at least one (1) p
meeting date, if possible. with that
F. Identify separately each individual variance and the issues involved
4110variance within the case report and presentations.
G. Invite all necessary staff to the Board meetings.
card at the podium identifying the five criteria.
H. Place a laminated
2.7 Le2.al Counsel
designated representative, shall provide legal advice for
The Town Attorney, or his or her p
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dual members related to questions encountered in the
the Board of Adjustment and for Indsvi
performance of suchas conflicts of interest and ex parte contacts. The Town
of their dutie.,attorney also provides clarification and advice to the Chair relative to parliamentary
procedures.
3. MEETINGS
3.1 General
be run utilizing meetings shall Robert's Rules as a guide.
3.2 Regular Meetings
RegularAdjustment shall be held at the Oro Valley Town Hall on
meetings of the Board of at or after 3:00 P.M. They shall be duly noticed in
the fourth Tuesday of each month ,
accordance with the ArizonaRevised Statutes, the Zoning Code and the Towns posting
procedures.
3.3 Special Meetings
bythe Board of Adjustment on call of its
meetings for good cause may be held .
Specialg
filed with the Secretary. Special meetings may also be
Chair or at least two members is
members at any previous meeting. If the Chair
scheduled by a majority of the of the
it can call a special meeting. At least 24 hours notice
unavailable, the Vice Cha p inabilityto
each member of the Board of Adjustment; however,
4111 meeting shall be given to is resent.
contact any
member will not prevent the meeting as long as a quorum p
3.4 Public Meetings
of Adjustment, except Executive Sessions, shall be
All meetings and hearings of the BoardAdjustment,
open to the public. Any action calling for
a formal vote shalltake place only ata properlyer
l
y
noticed public meeting.
3.5 Siten_spections
expected to inspect the site individually.
Board of Adjustment members are exP
3.6 Quorum and Voting
' ess. Three members shall constitute a quorum. The
Aquorum is required to transact basin
members votingshall be required for passage of any
affirmative vote of a majority of the „
Adjustment. The minutes of the meetings shall reflect the ayes
matter before the Board of vote and the
particular measure, as well and "nays" as the rationale for the majority cast on a
names of those members who vote in the minority. If absent, or if failing to vote, the
minutes shall indicate that fact.
3.6.1 Reconsiderations
Reconsideration shall be initiatedby a
Board of Adjustment member who voted on
maybe
'n side of an action already considered. A motion to reconsider
the prevailing or at the beginning of the
at the where the action was taken,
made eithermeeting
led meetin . Reconsideration shall occur upon a majority vote
next regularly schedu g
of the Board in favor of reconsideration.
110
3.6.2 Appeals
A decision on an appeal of an administrative decision (Zoning Code Sec. 1-702.A
based upon the Board of Adjustment's determination as to the
and Sec. 1-/06} is p
correctness of the interpretation. The following legal standards provide guidance to
the Board in their deliberations to reverse and/or amend a decision:
A. An abuse of the official's discretion
A decision is said to be an abuse of discretion if it violates the intent and
the statute thatgranted the decision-making authority. If an
the policy of appellant can demonstrate that the decision was unreasonable, arbitrary,
' unfair, or discriminatory, then the decision should be reversed.
capricious,
In some situations, though, an official has no discretion. If an official
denies a permit or certificate of approval that the law states must be
pp
granted when an applicant satisfies certain requirements, then the official's
decision must be reversed.
B. Exceeding the official's power or authority
A officialpublic agency or a enc can only make decisions within the limits
Imposed on
it bythe statute or ordinance that granted it authority and any
decision beyond those limits is invalid.
C. An error of law
A decision may be appealed if it was based on an erroneous interpretation
pp
115 of statutes, ordinances, or regulations, or if it was based on the wrong
statutes, ordinances, or regulations.
D. Fraud or bad faith
Fraud, malice or bad faith can invalidate an official decision, whether they
have influenced the context of the decision or the manner in which it was
reached.
E. Lack of evidence
A zoning invalid.
that lacks any reasonable basis in fact is
Decisions �'judgment based on arbitra calls should be reversed. If the
Board finds,
however, that there is sufficient evidence to support the
decision, it should be upheld.
The Board shall make its interpretation at the end of its deliberations.
3.6.3 Variances
Per the Zoning Code (Sec. 1-709), a variance from the provisions of this Code shall
not be authorized unless the Board shall find upon sufficient evidence:
A. That there are special circumstances or conditions applying to the property
referred to in
the application including its size, shape, topography, location
which do not apply to other
or surroundingsproperties in the district; and P
B. That special circumstances were not created by the owner or applicant; and
C. That the authorizing of the variance is necessary for the preservation and
enjoyment of substantial property rights; and
D. That any variance granted imposes� such conditions as will assure that the
authorizing adjustment the adjustment shall not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the
and zone in which such
vicinity property is located; and
E. That the authorizing
of the variance will not be materially detrimental to
persons residing in
the vicinity, to adjacent property, to the neighborhood or
the public welfare in general.
3.7 Placement of Items on the Agenda
in order for these items to be heard by the Board of
Staff shall propose items for the agenda .
after the receipt of a complete submittal. The agenda shall
Adjustment no more than 60 days p .
of Chair for approval prior to publication. Items may
bepresented to the Board Adjustments must be
agenda bythe Chair or by two Board members. Such item
also be placed on the
provided to the Planning and
ZoningAdministrator, or designee, at least 48 hours (2
business days) or more prior to the meeting.
3.8 Order of Business or Agenda
The order of business shall be as follows:
A. Call to order.
B. Roll Call by the Secretary.
C. Minutes.
D. Presentation of agenda item(s).
E. Petitioner/applicant presentation.
swearingin the applicant or witnesses is as follows: "Do
4111
The recommended oath for
you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the
truth".
F. Questions/clarifications.
G. Staff report—limited to facts related to the findings.
H. Q uestions to staff by Board members.
I. Open public hearing.
J. Close public hearing.
K. Board questions of any party
for further information/clarification.
L.
Board motion and deliberation on agenda item.
M. Planning &Zoning staff update.
N. Motion of adjournment.
3.9
Record of Considerations in Board Actions
' to the applicant and others who may base decisions on
To ensure good communication pP articulating the
actions, motions must be thorough and concise arty g
Board of Adjustment and testimonybefore
that are met or lacking in the applicant's application
required findings � � � During the vote, Board members are
to clarifythe record of the Boards decision.
the Board
encouraged to state the reasons for their vote.
4. MISCELLANEOUS
4.1 Conflicts of Interest
personally involved in cases. Conflicts of Interest should be
Board members should not be p y A conflict of
so that the Board can befair, objective, and impartial.
declared up-front
interest arises whenever a member of the Board has the opportunity to deliberate on an
action by the Board that may affect the economic interest of either the specific Board
,
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'..� close relatives. As soon as a member declares a conflict of
member or the Board member's
111
interest relative to a particular issue, the member shall leave the room thus abstaining from
deliberations, discussions, and voting on the matter in question.
PP
4.2 ►�
Standing for Appeals of Decisions or Interpretations
v
decision or interpretation of the Zoning Administrator
In order to have standing to appeal a rP
aggrievedparty. Thephrase "aggrieved party," as used in these
the appellant must be an
p followingconditions be met: (1) There must be a denial of
rules requires that both of the �
to the appellant bythe Zoning Administrator's decision; and
some personal or property right PP
(2) such denial must come as a
direct result of the Zoning Administrator's decision. The
Board shall err on the side of hearing a case based on standing.
4.3 Ex Parte Contacts
communications. Where members shall avoid parteex an ex parte communication
involved must declare it and disclose the substance of the
has occurred, the member n
place it on the record at the
communication to applicable hearing. An ex parteication
communication between one of the parties involved in an apps
communication is a the Board that mayprejudice a decision by the Board.
and member of
4.4 Annual Review
the secondquarter of each calendar year to review the Rules
111 The Board shall meet during or
the Training and Operating Procedures, Manual, and the Zoning Code to take action
make recommendations, as appropriate, to the Town Council.
5. OFFICIAL RECORDS
5.1 Definition
The official records shall include these Rules and Operating Procedures, the minutes of the
g
all findin s decisions and other official actions and records.
Board of Adjustment, and
5.2 Files -Retention
matters comingbefore the Board of Adjustment shall be filed in
All applications and other ,
Zoning Department office in accordance with that department's general
the Planning and Z g i
gDepartmentrovided
and Zonin shall keep all official records as p
file system. The Planning
tanninand Zoning Records Retention Schedule.
by the P �,g
5.3 Files -Distribution
The official records provide
information to other Boards, the Planning and Zoning
Commission and the Town Council for cases where variances, appeals, or other Board of
Adjustment actions are integrP
al to development review. Accordingly, the Planning and
rP
Zoning Department shall
include excerpts of pertinent minutes and any other necessary
official records as attachments to the staff reports to these bodies.
6. RULES AND AMENDMENTS
6.1 Amendment Procedure
Amendments to these rules mayby be made the Board of Adjustment and approved by the
suchamendment is proposed at the preceding meeting, or is
11/ Town Council provided any P P
meeting of the Board of Adjustment, and is recorded in the
submitted in writing at a prior m g become
or meetings. Amendments adopted as above shall
minutes of such meeting g
effective at the next regular �
meetingof the Board of Adjustment following
Council
approval.
j
Board of Adjustment this 31-d day of August, 2005.
APPROVED by the �
John Hickey, Chair
APPROVED by the Oro
ValleyTown Council this 3rd day of August, 2005.
Paul H. Loomis,Mayor
Desirable Attributes of Board of Adjustment Members
111 An interest in zoning and planning and a willingness to learn about them.
Time enough to learn about the business of the Board and to prepare for meetings and hearings.
An open, impartial and orderly mind.
Honesty and fairness.
The ability to envision and consider the long-term effects of a decision and to put them ahead of
any short-term changes.
The ability to put the public good above the welfare of individual applicants when making
decisions.
The ability to be articulate at public meetings and hearings.
The commitment to enforce zoning laws as they are, and not let a personal disagreement with them
sway decisions.
A commitment to work for the improvement of the Zoning Code and the Town of Oro Valley.
Board of Adjustment Evaluation Procedure
111
OBJECTIVE
' appointment a balanced assessment of the member's work on
Provide BOA members seeking re
the Board during their term.
TIMING
Terms expire• in June. Evaluations are to be completed and made available to the Board member
p
p
and the interview panel by May 1st.
PROCESS
' evaluations are to be conducted by the most senior
Based upon a continuation of a rotating Chair, .
p
' appointment. If the remaining Board members not seeking re
Board member not seeking re appoln the member scheduled
seniority,appointment are of equal the evaluations will be conducted by
to be Chair at the next regularly scheduled Board meeting.
Each evaluation will contain two elements:
E 1. Personal Interview.. Questions
presented to each member seeking re
appointment will be
open ended providing the member an opportunity to comment upon:
a. What they have learned
b. What they have accomplished
c. What personal changes or improvements they may make
d.
What theycan do to help the BOA do its job
Comments bythe evaluator will address the following:
2. Evaluation.
Attendance: Summaryof excused and unexcused absences
a. e Board toward a decision.
b. Participation: i
The member's initiative n advancing th
Examples would be:
I. The member's pertinent questions of the applicant, the public and staff.
ess to focus
II. Offering
motions or constructive comments early in the proc
the discussion of the Board on the issues necessary in the decision.
Staying on the essence of the case at hand
III Yi g
Iv. Handling of Chair responsibility .
application of the particulars of the zoning code to
c. Preparation: The member's pp
each case. The member's
in abilityto express and justify their decision either in the
motion or their vote. The application of the legal standards necessary
to arrive
at a decision.
' attitude and demeanor toward the applicant, the public,
d. Conduct: The member's attit established
staff and Board members. Respectful in disagreement, compliant with
rules of order. training.
The member has participated in and completed mandatedg
e. Training:
• the BOA Clerk for distribution with the member's
The completed evaluation will be provided to d
p
panel with a copy to the BOA member evaluate
application for re appointment to the interview to
Pp
meet with the member being evaluated, at the request ofthat member,
The evaluator will
discus., and
review the evaluation prior to the interview.
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August 3, 2005 Minutes,Council Regular Session 4
E. RESOLUTION NO. (R)05-54 APPROVING THE BOARD OF ADJUSTMENT
RULES AND OPERATING PROCEDURES
Council Member Culver stated that she had questions regarding the fact that the Board of
Adjustment (BOA) operates under different rules and processes than the rest of the Boards and Commissions. She questioned the following: undefined limits and terms
which are in conflict with the Town's Policy, rotating the Chair, and the Chair"of the
month" making recommendations to remove another member of the BOA. She stated
that the Council appoints Board Members and should be the ones to remove them if
necessary. She stated that she would like to continue this item, perhaps meet with
members from the BOA to discuss these procedures that they are proposing.
Vice Mayor Gillaspie stated that he also has issues with appeals4ecisions or
of the Zoning Administrator. He stated that h- a ,seen working with the
interpretations .�
Town Attorney to reach reasonable solutions that may be a op He stated that he
not be comfortable with approving the proposed, / h ''!`es until t /4 e more time to
would pp g P ;may/
address '�Y
these issues.
Council Member Abbottt�,,.,:,, �
stated that the Council he s�ajo :i eeting with the BOA and
discussed some of the items. She stated that the rea „_. _t they did not want to have
was because the Board onl a few ti ° "`` ear to hear cases so they
term limits Y � ���
don'tget much experience. Bythe time. e 7,: e ex : Uu `ce, their terms are u . She
p �we h ,. p• ,� p
r .l
also stated that rotating the Chair, gives t a � unity to learn how to run a
meetin • Council Member Abbott further*.a' - t‘0.1 'felt that removal of members
should be addressed by the Co
`5
Council Member Paris Aged tha,,;y e�t�!n 2. i y`of the proposed procedures states that
the Chairs recommendation e, ';2 e 3oard
of Adjustment and then forwarded to
the Town Council 1' .any a :foci..He stated that any Chair should have the ability to
R� " � �� o the Town Council for consideration. He further stated
forward their r- ��e�.��tions ;
n i,,r,.... �:-./ ,.
that he felt tha " e to s' ded e extended as there is a learning curve and it makes
`F� '/nom/,f.0 /.
no sense 1. eteve one i; speed and then tell them that their terms are up.
� a rY
MOTION: Coun` > ypatier Culver MOVED to CONTINUE Item E to a Council Study
� ;. ;..: .
Session. Council v:/ter Parish SECONDED the motion. Motion carried, 7 —0.
F. APPROVAL OF FISCAL YEAR 2005-2006 PLANNING AND ZONING WORK
PLAN
2. PRESENTATION OF PLAQUES TO OUTGOING BOARD AND
COMMISSION MEMBERS
3. PUBLIC NEARING — ORDINANCE NO. (0)05-31 ADOPTING A
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY
ON LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION,
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MINUTES
JOINT MEETING
ORO VALLEY TOWN
_ _
COUNCIL/BOA
STUDY SESSION
APRIL 13, 200.
TOWN COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
�SION:
JOINT AT OR AFTER 5:30 PM
STUDY SE..
CALL TO ORDER: 5:31 p.m.
ROLL CALL
PRESENT:
TOWN COUNCIL: Paul Loomis, Mayor
Mayor
Barry Gillaspie, Vice Ma y
Paula Abbott, Council Member
K.C. Carter, Council Member
Coney Culver, Council Member
J
Helen Dankwerth, Council Member
Terry P ari sh; Council uncil Member (arrived at 5:54 p.m.)
BOARD OFssler. Chair
MENT: Colleen Kessler,ADJUSTMENT: channe , Vice Chair
Barts p,
John Hickey, Member
Bill Adler, Member
Matt Adamson, Member
AMENDMENTS TO THE
REGARDING PROPOSED ���
DISCUSSION .---, T1��JEI�T' RULES & OPERATING PRC�CED
BOARD OF ADJUSTMENT
us recommended changes made to the
Kessler reportedCouncilrules and adopted
Chair K that there had been humero as it related to the
of Adjustment Rules and Proceduresand would be used as a
Boardthese changes would provide clarity
policies. She explained that
guideline for future Board members.
Discussion followed regarding: _ . , a board member.
and how a member should participate a..
• Term limitslong
type of technique
evaluation process and whatY4� should be used in aned
• reappointment process would be handl
evaluation; and how the i eapp - ea process.
in the appointment and reappointment pp
• Should fellow member., participate -�udicial board.
Board of Adjustment (BOA)The Boa � functions as a quasi
Q, due to meeting on a case by case basis.
• The infrequency of the BOA meetinv
• The rotation of the Chair and Vice Chair.
L l ;
Minutes
/� I I\�'1 :�Li l L
,J fI
Town C our cel/Board
Joint Study Session
The number of members n
ecessa lto have a c olum to v
olQLcI an official
-
meeting. ,- so,how would
�- a case, if
Board have the authority to reconsider
� Doestl�e �oa_o ,�
reconsiderations be scheduled? n n _r
authority to place an item on an agenda. ,-
• Who has the aL.tn _ _ _
. � ---todevelopan agenda and ageI�C1G paCKet for
• Bow much time is necessary �,
distribution to members? c
• Vi�derstanding the term! "Standing when reviewing a case.
• The use of"Roberts Rules" in a case.
BOARD OF ADJUSTMENT
RULES AND PROCEDURES
OF B
The Board of Adjustment Rules and Procedures were reviewed and the following
�
recommendations were made:
Article 2 - Organization
Recommendation for Removal from Office
Sec. ,.� — I�ecommen an individual shall be forwarded to
recommendation•
of the removal of a member.
A»y . .
decision of the Council for approvalto remove
Council and remain the in Section 2.3 B and 2.3 C and remain consistent with
• Re-evaluate the wording�,
Section 2.3 A.• Chair should be consistent.
the Chair and Vice
The rotation of
er descrip tion of"poor citizenship".
provide a bett
Article 3 - Meeting
Sec. 3.6.i - Reconsiderations
• Add a time frame for clarity.
Sec. 3.6.2 —Appeals
. available to the public, so that they know
ouidin� criteria which could be identify
Provide � �- appeals to the Board and as well as
�.eneral guideline under law for pp
the ative decision would be considered.
the fact that an administrative
are for developing
• Identify the criteria a case of appeal?how a case is appealed and refer to the
• Insert wording for further clarity of
Arizona State Law.
Sec. 3.6.3 - Variances explained clearly in the Zoning Code
Gillaspie stated that this section was p c
Vice Mayor _
p .
anddid
not need to be restated in the Board's rules and procedure.,B
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04/ 3/Of Minutes
Town Council/Board of Adjustment.
J Glut Study Session
Ar-tici€ 4— Miscellaneous.
Sec. 4.2 — Standing for Appeals of Decisions or Interpretations
• Work on language for clarity between "aggrieved party" and "Standing"" ant
compare to State Law definition.
E Develop a criteria.
Sec. 4.3 Ex Parte Contacts
• Delete the word "reasonably".
bl
• The word "may" could be used to replace "reasonably"
Sec. 4.4 — Annual Review•
Parish recommended that the Board's rules and procedures
Council Member � � � considered bythe
living document, he suggested that the revisions are
remain a
Board and addressed by Council in the near future.
- ATTRIBUTES OF BOARD OFADJUSTMENTRE
REVIEW OF THE DESIRABLE
MEMBERS
Council Member Culver suggested ted that someone with a legal background would be
highly desirable.
attribute that states "A commitment to work for the
Mayor Loomis suggested that the "Town".improvement y � r " rs changed to read 1 own .
o l the
REVIEW OF THE BOARD OF ADJUSTMENT EVh,LUAT'ION PROCEDURE
�'oard of Adjustment members who are seeking reappointment
This section provides the h _emember'swork on the Board during their term.
a balanced assessment of_ the
���ing issues and concerns were discussed:
The fol]o �
• The purpose p
u ose of an evaluation procedure for those members seeking
reappointment.
o
g Why wouldn't a member want to be reappointed?
• be an exert with the Town's Zoning Code?
Will a member need to P Clerk for
• "The will beprovided to the Board of Adjustment
completed evaluation e ber's application for reappointment to the interview
distribution with the m m PP Mayor
to the Board of Adjustment member evaluated." y
panel with a copy
Loomis pointed out that in this paragraph there was no language that identified
that a meeting would occur with� the member regarding his evaluation prior to it
being brought forward.
- that the Board review the suggested changes and
Mayor Loomis recommended th - asked that the Board place the
-a ested revisions in the document. He asked ]
incorporate the suggested
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04/13/C:. Minutes
Tow,i Council/Board o ,djustmen
Joint Study Session
document rev iseG on their next ECP._ meeting agenda scheduled for April _
rand
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in May for approval C,-
I
resubmit the document to Council at the second meeting M ay �-%�-
disapproval.
ADJOURNMENT1,
MOTION: Council Member Parish arish moved to adjourn the meeting at 7:31 p.m. Council
�
Member er Dankwerth seconded the motion. Motion carried, 7-0.
Respectfully submitted,
/.
C/
Linda Hersha, Office Specialist