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HomeMy WebLinkAboutPackets - Council Packets (1072) AGENDA JOINT MEETING ORO VALLEY TOWN COUNCIL/BOARD OF ADJUSTMENT STUDY SESSION APRIL 13, 2005 TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE JOINT STUDY SESSION: AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL 1. DISCUSSION REGARDING PROPOSED AMENDMENTS TO THE BOARD OF ADJUSTMENT RULES & OPERATING PROCEDURES ADJOURNMENT POSTED: 04/08/05 4:30 p.m. Ih When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00 p.m. 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 Town Clerk's Office at 229-4700. TOWN OF ORO VALLEY JOINT SESSION COMMUNICATION MEETING DATE: April 13, 2005 TO: HONORABLE MAYOR& COUNCIL BOARD OF ADJUSTMENT FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: BOARD OF ADJUSTMENT RULES AND OPERATING PROCEDURES BACKGROUND: Some rules and operating procedures for the Board of Adjustment are included within the Zoning Code p g (attached).Article 17- Other than these, the Board had been working without detailed rules and operating May21, 2001, the Board approved a set of rules and procedures as a guide for the Board. procedures. Onpp that these were incomplete in a number of areas and continued to meet to develop The Board recognizedp the m further. Duringthis same time, the Council, per the recommendations of the Government Review Task Force, directed staff to developbylaws for the Development Review Board, the Planning and Zoning Commission, and the Board of Adjustment. Based on the Council rules and adopted policies and various meetings of the BOA, the May 2001 BOA rules were substantiallyrevised in mid-2004. On August 24, September 28, October 26, and November 23 of 2004, April A ril 5 this year, the Board met to consider these. The attached Rules and Operating Procedures are recommended by the BOA for consideration by the Council. SUMMARY: The ProposedOperating Rules and O erating Procedures were drafted using same format and language in the existing Development ment Review Board and Planning and Zoning Commission rules. They have been modified to include specific procedures approved by the Board of Adjustment during their deliberations on p thisitem. particularthey In reflect that the Board is a quasi-judicial body, with some rules already established by the Zoning Code. Of note are the term limits in Section 2.1 Composition, which, as proposed, conforms to the Zoning Code Section 1-704.B ("no limit on the number of terms") but does not meet the two year limit adopted by the Town Council. Attachments: 1. OVZCR Article 1-7 2. Proposed Rules and Operating Procedures / , Plane'- Zo + g( dministrator 7 /) Co r n'.y Develop f t Director Y if F.\Admin PZ\Board of A ' dustment\Rules and Procedures TC-BOA joint '.. ' � session 041305.doc Town Manager EXCERPT FROM ORO VALLEY ZONING CODE REVISED ARTICLE 1-7. BOARD OF ADJUSTMENT Sec.1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S.,Section 9-462.06. Sec.1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706;or 2. The location of a zoning district is in doubt. B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1-709, Findings. Sec.1-703 Meetings,Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. Sec.1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. D. Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency or misconduct in office. Sec.1-705 Transaction of Business A. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec.1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department,board or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official,or to pass or to affect any variations from the terms and conditions of this ordinance. Sec.1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec.1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days,nor less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property,giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec.1-709 Findings 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 or surroundings which do not apply to other properties in the district;and 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 of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such 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. Sec.1-710 Action The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec.1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956)as amended. RULES AND OPERATING PROCEDURES ORO VALLEY BOARD OF ADJUSTMENT ??,2005 1. GENERAL 1.1 Authority The Board of Adjustment is established and governed by Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code and the laws of the State of Arizona specific to municipal zoning, including but not limited to ARS 9-461, A.R.S. 462.06 and all definitions. 1.2 Duties The Board duties are per 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 residents of the Town during their entire term. The Town Council shall appoint the members in accordance with procedures adopted by the Council. Consideration shall be given to the attached "Desirable Attributes of Board of Adjustment Members". Appointments shall be for a period of two years each ending on June 30th, with terms of members so staggered that the terms of no more than three members shall expire in any one year. Vacancies for any reason shall be filled by appointment by the Council for the 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 A. The two reasons for removal of a member for cause from the Oro Valley Board of Adjustment shall rest in the hands of the Chair as follows: 1. Unexcused Absence: Should a member miss two consecutive meetings or three meetings in one year,the Chair may consider the position abandoned. 2. Ill-preparedness: Should a member demonstrate a pattern of ill-preparedness,the Chair may consider removal of the member for the remainder of his/her term. Ill-preparedness may include but not be limited to the following: a. Poor citizenship or unruly behavior. b. Lack of comprehension to non-technical explanations. c. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. d. Disregard for, and/or defiance of,rules and procedures. 1 B. The procedure for such removal shall consist of the Chair presenting his/her recommendation to the Oro Valley Board of Adjustment along with the documented reasoning. The recommendation of the Board shall be presented to the Oro Valley Town Council for action at the next available meeting. C. The above does not affect that, per Section 1-704.D of the Zoning Code, the Town Council may remove a member from office, by a majority vote, for neglect of duty, inefficiency or misconduct in office. 2.4 Officers A. The Chair and Vice-Chair shall rotate among the members with new officers for each regular meeting that is held. Rotation will halt for a special session or regularly scheduled meeting that are held without cases. The Vice-Chair at one meeting will become the Chair of the next meeting. The Chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice-Chair shall perform the duties of the Chair in the absence or disability of the Chair. If both Chair and Vice-Chair are absent from a meeting, the senior member of the Board of Adjustment shall preside. B. The member designated as Chair for the next regularly scheduled meeting shall serve as the Board Chair on the Interview Committee Panel to recommend appointment or reappointment of members in accordance with Council Resolution (R) 04-03. His/her responsibility will continue until the interviewing process is complete. 2.5 Secretary The Zoning Code(Sec. 1-705.B) designates the Town Clerk as the Secretary to the Board of Adjustment. It shall be the duty of the Secretary to: A. Make room arrangements, take minutes, schedule meetings and contact the Board regarding attendance and schedule. B. Notify the Board by the 10th of each month, if a meeting will or will not be held. Board members are to notify the Secretary of inability to attend a meeting. C. Post agendas in accordance with State law. 2.6 Planning and Zoning The Planning and Zoning Administrator or his or her designee shall perform the following functions for the Secretary: A. Serve as primary contact for the agenda; develop the agenda and any revisions with the direction and approval of the Chair; forward the agenda to the Secretary for posting B. Notify all surrounding property owners per the Zoning Code and Town policies. C. Work with the applicant regarding material for applications. Any contact made between the staff and the applicant prior to the hearing shall be summarized in the staff report if it is germane or pertinent to the case. D. Coordinate all necessary reports/materials/exhibits for the Board's consideration. E. Distribute to the Board all materials and agenda at least one (1) week prior to the meeting date,if possible. 2 F. Identify separately each individual variance and the issues involved with that p variance within the case report and presentations. G. Invite all necessary staff to the Board meetings. H. Place a laminated card at the podium identifying the five criteria. 2.7 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for the Board of Adjustment and for individual members related to questions encountered in the performance of their duties such as conflicts of interest and ex parte contacts. The Town attorney also provides clarification and advice to the Chair relative to parliamentary procedures. 3. MEETINGS 3.1 General All meetings shall be run utilizing Robert's Rules as a guide. 3.2 Regular Meetings Regular meetings of the Board of Adjustment shall be held at the Oro Valley Town Hall on the fourth Tuesday of each month at or after 3:00 P.M. They shall be duly noticed in accordance with the Arizona Revised Statutes, the Zoning Code and the Town's posting procedures. 3.3 Special Meeting Special meetings for good cause may be held by the Board of Adjustment on call of its Chair or at least two members filed with the Secretary. Special meetings may also be scheduled by a majority of the members at any previous meeting. If the Chair is unavailable, the Vice-Chair can call a special meeting. At least 24 hours notice of the meeting shall be given to each member of the Board of Adjustment; however, inability to contact any member will not prevent the meeting as long as a quorum is present. 3.4 Public Meetings All meetings and hearings of the Board of Adjustment, except Executive Sessions, shall be open to the public. Any action calling for a formal vote shall take place only at a properly noticed public meeting. 3.5 Site Inspections Board of Adjustment members are expected to inspect the site individually. 3.6 Quorum and Voting A quorum is required to transact business; it is not required for meetings where no action is taken. Three members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Board of Adjustment. The minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in 3 the minority. If absent, or if failing to vote,the minutes shall indicate that fact. 3.6.1 Reconsiderations Reconsideration shall be initiated by a Board of Adjustment member who voted on the prevailing side of an action already considered. A motion to reconsider may be made either at the meeting where the action was taken, or at the beginning of the next meeting only. Reconsideration shall occur upon a majority vote of the Board in favor of reconsideration. 3.6.2 Appeals A decision on an appeal of an administrative decision (Zoning Code Sec. 1-702.A and Sec. 1-706) is based upon the Board of Adjustment's determination as to the correctness of the interpretation. 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 or surroundings which do not apply to other properties in the district; and 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 of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such 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 Staff shall propose items for the agenda in order for these items to be heard by the Board of Adjustment no more than 60 days after the receipt of a complete submittal. The agenda shall be presented to the Board of Adjustment Chair for approval prior to publication. Items may also be placed on the agenda by the Chair or by two or more Board of Adjustment members. Such items must be provided to the Planning and Zoning Administrator, 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). 4 E. Petitioner/applicant presentation. The recommended oath for swearing in the applicant or witnesses is as follows: "Do 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. Questions 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 ensure good communication to the applicant and others who may base decisions on Board of Adjustment actions, motions must be thorough and concise articulating the required findings that are met or lacking in the applicant's application and testimony before the Board to clarify the record of the Board's decision. During the vote, Board members are encouraged to state the reasons for their vote. 4. MISCELLANEOUS 4.1 Conflicts of Interest Board members should not be personally involved in cases. Conflicts of Interest should be declared up-front so that the Board can be fair, objective, and impartial. A conflict of 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 member or the Board member's close relatives. As soon as a member declares a conflict of interest relative to a particular issue, the member shall leave the room thus abstaining from deliberations, discussions, and voting on the matter in question. 4.2 Standing for Appeals of Decisions or Interpretations In order to have standing to appeal a decision or interpretation of the Zoning Administrator the appellant must be an aggrieved party. The phrase "aggrieved party," as used in these rules requires that both of the following conditions be met: (1) There must be a denial of some personal or property right to the appellant by the Zoning Administrator's decision; and (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 Board members shall avoid ex parte communications. Where an ex parte communication has occurred, the member involved must declare it and disclose the substance of the communication to place it on the record at the applicable hearing. An ex parte communication is a communication between one of the parties involved in an application and member of the Board that is reasonably likely to prejudice a decision by the Board. 5 4.4 Annual Review The Board shall meet during the second quarter of each calendar year to review the Rules anderatin Procedures, the Training Manual, and the Zoning Code to take action or � g 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 Board of Adjustment, and all findings, decisions and other official actions and records. 5.2 Files -Retention All applications and other matters coming before the Board of Adjustment shall be filed in the Planning and Zoning Department office in accordance with that department's general file system. The Planning and Zoning Department shall keep all official records as provided by the Planning and Zoning Records Retention Schedule. 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 integral to development review. Accordingly, the Planning and � 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 may be made by the Board of Adjustment and approved by the Town Council provided any such amendment is proposed at the preceding meeting, or is submitted in writing at a prior meeting of the Board of Adjustment, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board of Adjustment following Council approval. APPROVED by the Board of Adjustment this day of , 2005. ?, Chair APPROVED by the Oro Valley Town Council this day of ,2005. Paul H. Loomis,Mayor 6 • Desirable Attributes of Board of Adjustment Members 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. 7 Board of Adjustment Evaluation Procedure OBJECTIVE Provide BOA members seeking re appointment a balanced assessment of the member's work on the Board during their term. TIMING Terms expire in June. Evaluations are to be completed and made available to the Board member and the interview panel by May 1st. PROCESS Based upon a continuation of a rotating Chair, evaluations are to be conducted by the most senior p Board member not seeking re appointment. If the remaining Board members not seeking re appointment are of equal seniority, the evaluations will be conducted by the member scheduled pp q to be Chair at the next regularly scheduled Board meeting. Each evaluation will contain two elements: 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 they can do to help the BOA do its job 2. Evaluation. Comments by the evaluator will address the following: a. Attendance: Summary of excused and unexcused absences b. Participation: The member's initiative in advancing the Board toward a decision. Examples would be: I. The member's pertinent questions of the applicant, the public and staff. II. Offering motions or constructive comments early in the process to focus the discussion of the Board on the issues necessary in the decision. III. Staying on the essence of the case at hand IV. Handling of Chair responsibility c. Preparation: The member's application of the particulars of the zoning code to each case. The member's ability to express and justify their decision either in the motion or in their vote. The application of the legal standards necessary to arrive at a decision. d. Conduct: The member's attitude and demeanor toward the applicant, the public, staff and Board members. Respectful in disagreement; compliant with established rules of order. e. Training: The member has participated in and completed mandated training. The completed evaluation will be provided to the BOA Clerk for distribution with the member's application for re appointment to the interview panel with a copy to the BOA member evaluated. 8 RESOLUTION NO. (05) A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES, ORO VALLEY BOARD OF ADJUSTMENT, ??, 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 WHEREAS, the Board of Adjustment has considered that document known as "Rules and Operating Procedures, Oro Valley Board of Adjustment, ??, 2005" and, at its April 5, 2005 special session, adopted and recommended Council approval of same, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as the "Rules and Operating Procedures, Oro Valley Board of Adjustment, ??, 2005" is hereby adopted. Said document is attached herewith and labeled 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this ? day of??, 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles,Acting Town Attorney