HomeMy WebLinkAboutPackets - Council Packets (1095) AGENDA
JOINT MEETING
ORO VALLEY TOWN COUNCIL/PLANNING & ZONING COMMISSION
STUDY SESSION
NOVEMBER 2, 2004
HOPI ROOM, COMMUNITY DEVELOPMENT BUILDING
11,000 N. LA CANADA DRIVE
STUDY SESSION: AT OR AFTER 7:00 PM
CALL TO ORDER
ROLL CALL
The may Mayor and Councilconsider and/or take action on the items listed
y
below:
1. DISCUSSION REGARDING TOWN COUNCIL AND PLANNING
COMMISSION MEMBER RELATIONSHIPS AND APPOINTMENTS
2. DISCUSSION REGARDING PROPOSED AMENDMENTS TO THE
PLANNING & ZONING COMMISSION RULES & PROCEDURES
ADJOURNMENT
POSTED: 10/29/04
3:00 p.m.
Ih
Whenossible, a packet of agenda materials as listed above is available for
p
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
Page 1 of 2
COUNCIL COMMUNICATION MEETING DATE: 11/02/04
TO: HONORABLE MAYOR AND COUNCIL
FROM: Tobin Sidles,Acting Town Attorney
SUBJECT: Planning and Zoning Commission
SUMMARY: I was asked how the Planning and Zoning Commission was formed and what its
duties are.
The Planning and Zoning Commission is a non-mandatory creation under the State
Statutes, specifically Arizona Revised Statute 9-461.02. In part this statute reads: "If
a municipal planning commission is created, the organization, number of members,
the terms of office and the method of appointment and removal shall be as provided by
local ordinance, except that each planning and zoning commission shall have at least 5
members."
The Town Code,Article 3-5-1 establishes the Commission.
"There is hereby established a [Commission]for the Town of Oro Valley to consist of
not less than five nor more than seven members, each of whom shall be a resident of
the Town, to be appointed by Council. ...etc."
The Commission duties are outlined in the O.V. Zoning Code Revised, Article 1,
Section 1-401. These duties include (paraphrased):
1. Setting the Commission Work Plan
2. Initiate, develop and recommend to Council a General Plan (including
amendments to the General Plan)
3. Initiate the development and review process on all other land use plans and,
subsequent to plan preparation, provides recommendations to the Town
Council on the draft plan.
4. Initiate and provide recommendations to the Town Council on amendments
to the OVZCR in accordance with Article 3-1 of the OVZCR.
5. Initiate and develop sector plans and provide recommendations to the Town
Council on proposed sector plans.
The bulk of the powers delegated by the Council to the Planning and Zoning
Commission fall in the area of initiation and recommendation to the Council
regarding zoning and rezoning.
TOWN OF ORO VALLEY
Page 2 of 2
COUNCIL COMMUNICATION MEETING DATE: 11/02/04
ATTACHMENTS: Planning and Zoning Board and Commission matrix
FISCAL IMPACT: None
SUGGESTED MOTIONS: None
Acting Town Attorney
< 5 > wK > OCnixT 5 nnr m W o G) o
a) �--,- -� cD c o CD o o CD
iD:2. '-E-39 -DCD = (I) .---. CD-- CD< CI.C7 g ON B E 5,_,: Ei,_- 3 3 a 6, ua g- cP cil
.
• •
0 CD
� 0a) -0 � 0 (00r � S � � A)� � 2' � C�• � S3 °• tomy . � CD 3 � CD � R
'� CD 7Q° Q = O_ O D
h..-
0 0 cD' D CDc NCD o• D = O
n 3J - — po c, 0
0 — u) a- 0 C Sl) D) _
C --.
c0 Sv -) 0 0° g" CD �" a 5°
Sv O-• a `C
� � � �� � n co co = � �
c_)- 3 C r+ CD co a) 7J a) 0
C � O - F: CD
CD - 3 =
2
74: Fili
cn
O O 0 0 C 00
CD CD CD CD CD CD --< --< CD CD CD CD CD CD CD ° p 0
O 0 00 0 0 0 0 0 0 0 0 0 0 C7
-ca: E. Cl Q. a a u) u) o_ a a a a a a 0 B *
CD CD CD CD CD CD CD CD CD CD CD CD CD — 1fl
-0 Ci)
-D 30
ar m z
J 7J 73 70 2J m E0
(D CD CD CD CDCDCDO , 0
Doo O 0 000n � zC
33aC3 3 333 .E D -1
5: 33u) u) 3 3 222 ° 7J
O CD CD CD CD CD CD CD N. N -< C!)
cQ 7J
7J7J 7J C
CCCD 0
D CD CD <
�D
On 000 0 0 Cp' �
CD o CD CD o 0 0 o
oBooBB 3 Ei 3 -a "a: 3 3 3 CO-5
CD
= == a) CD
Q 0_ Q Q_ m
7
cD oCA
00 0 c 0
O 0 3
Q: Q: 3 3 0.
CD CD CD= M� ,
a r+
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION
MEETING DATE: November , 2004
TO: HONORABLE MAYOR& COUNCIL
FROM: Bryant Nodine, AICP,Planning and Zoning Administrator
SUBJECT: RESOLUTION (R)04- AMENDING THE PLANNING AND ZONING
COMMISSION RULES AND PROCEDURES
BACKGROUND:
in and ZoningCommission (attached herewith) were reviewed and
The rules and rocedures for the Plann g
p
Commission, and approved bythe Town Council in July and August of 2003. In October,
modified by the pp
the Commission
and Council met and discussed these rules and procedures. The items herein are in
g
response to
that meeting. In addition, the Commission met over the last year to discuss and revise the
procedures. For the benefit of both the Commission and the public,the procedures unambiguously present
how the Commission will operate.
SUMMARY:
The present followingsections various aspects of the Commission's procedures for consideration. The
.
"track changes" version of the proposed procedures is very hard to follow, so the existing procedures are
attached for comparison.
Organization
Membership section has been expanded to more completely address the Council approved appointment
process, the definition of a vacancy, the requirements for attendance, and procedures for removal of a
Commissioner.
it section was revised to include the process to elect officers and to specify the
The Chair and Vice Cha
Chair's duties and who shall act as the Chair in that person's absence.
Commission Meetings
Therocedures for studysessions and executive sessions are now included. The Site Inspections section
p
now states the Town's policies from Resolution No. 03-26. The Agenda and Zoning Code Amendments
section covers the addition and removal of items from the agenda. The Order of Business section now
includes advisory information on the call to the audience, and information on the handling of continuances
and withdrawals.
for the regular business portion of each meeting is covered in the Conduct of Hearings and
The process g
Official Actions section including presentations, public testimony, consideration of written
communications, the Commission's decision and the procedures for reconsideration. The specific
meeting conduct related to motions is covered in Motion Practice. It is included here, rather than
referencing Robert's Rules, to provide an abbreviated set of motions rules tailored to those typically
needed to conduct Commission hearings.
Finally, three new sections were added to cover special procedures: Suspension of Procedural Rules,
Commissioner Conflict of Interest, and Ex Parte Contacts.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION
Pale 2 of 12
PLANNING & ZONING COMMISSION ACTION
At the October 5, 2004 meeting, the Commission voted unanimously to recommend approval of the rules
and procedures as attached.
SUGGESTED MOTION:
I move to adopt the attached, proposed Rules and Operating Procedures for the Oro Valley Planning and
p p
Zoning Commission.
ATTACHMENTS:
1. (R)04-
2. Proposed Revised Rules and Procedures
3. Rules and
OperatingProcedures, Oro Valley Planning and Zoning Commission,August 6, 2003
,Allr ___,.... ,; ___........
/ 1
•
Pla' . Id Zon. Administrator
.
/ /
u 'ty Develo ment Director
- /
d_664.Ld'-----
Town Manager
F:\Admin PZ\P&Z Commission\Rules and Procedures to TC 1 10304.doc
RESOLUTION NO. (04)-_
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING
THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING
PROCEDURES, ORO VALLEY PLANNING AND ZONING COMMISSION,
NOVEMBER 3,2004"AND MAKING SUCH DOCUMENT A PUBLIC RECORD
WHEREAS,
the Town of Oro Valleyhas established its own Planning and Zoning Commission
and adopted rules and operating procedures therefor by Resolution(R)91-41; and,
WHEREAS, it is necessary to amend the adopted rules and operating procedures to provide clear
procedures for the conduct of the Commission's businesss; and,
WHEREAS, the Planning and Zoning Commission has considered that document known as "Rules
andOperating O eratin Procedures, Oro Valley Planning and Zoning Commission, November 3, 2004" and,
at its October 5, 2004 regular meeting, 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 Planning and
Zoning Commission, November 3, 2004" 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 Mayor bythe Ma or and Council of the Town of Oro Valley this 3rd day of
November, 2004.
Paul H. Loomis, Mayor
ATTEST:
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Tobin Sidles, Acting Town Attorney
Final Presentation Draft as Recommended by the
DOW= .49/Jin 2.Q.Q4
Town of Oro Valley
Planning and ZoningCommission
Rules and Operating Procedures
November 3, 2004
1. ORGANIZATION
1.1 Membership
A. The Planning and Zoning Commission shall be composed of seven members, all of
whom shall be residents of the Town throughout their period of service on the
Commission.
B. The Town Council shall appoint or reappoint Commission members in accordance
with its appointment policies and procedures as set forth in Appendix B to Resolution
No. (R) 02-107 - Appointment Process of Town of Oro Valley Volunteers to Boards,
Commissions, Committees, Advisory Boards, and Task Forces. Commission
members shall serve at the will and pleasure of the Town Council.
C. Commission appointments shall be for a period of two years, ending on June 30th. The
terms of the members shall be staggered so that the terms of no more than four
members shall expire in any one year.
D. No member shall serve more than two consecutive two-year terms (not including any
time served to fill a vacancy).
E. The term of a member whose appointment has expired shall be extended until the
Town Council has reappointed that member or appointed a successor.
F. When a member's position on the Commission becomes vacant for any reason, the
Town Council, following its policies and practices and as quickly as possible, may
appoint another person for the remaining portion of that former member's term.
G. A member's position on the Commission shall be deemed vacant and the Town
Council may appoint another person to complete the terms if
1) The member resigns and the resignation is accepted;
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 1 of 17
Final Presentation Draft as Recommended by the
rinaig M .Q.0.10RK 2.Q.Q4
2) The member dies;
3) The member is judicially-determined to be incompetent;
4) The member is convicted of a felony or an offense involving official duties; or
5) The member ceases to discharge the Commissioner's responsibilities for the period
of three consecutive months.
gu
H. If a member
misses three regular or special meetings in any 12-month period, the
Commission Secretaryshall send a letter to the member inquiring about the reasons
for the �
absences and the member's ability to attend future meetings. The
member's
response will be distributed to the other Commissioner members. If the response
received is indicative of a continuation of frequent absences or no response is received
within 3y
0 days after mailing, and after the affirmative vote of five Commissioners at a
regular or
special meeting, the Commission may report to the Town Council that the
absent member's position osition is vacant and recommend that a new person be appointed to
complete the term.
I. Upon the affirmative vote of five Commissioners at a regular or special meeting, the
Commission mayrecommend that the Town Council remove, and rescind the
appointment of, a member and appoint a new person to complete the term if the Commissioners find that a member is continually unprepared; is excessively absent
frommeetings;meetin s; is habitually in conflicts of interest; shows public disrespect to
applicants, citizens, staff, or other Commissioners; or otherwise impairs the quality of
decision-makingor diminishes the integrity of the Commission. Such a
the
recommendation shall not be a condition precedent to any action that the Town
Council maychoose to take concerning a member's continuance or removal.
1.2 Commission Chair and Vice-Chair
A. At its first regular special meeting in September of each year, the Planning and
gu or p
Zoning Commission shall elect a Chair and Vice-Chair from among its members.
1) These
officers shall serve for a term of one year and until the next annual election is
conducted. Anymember serving as Chair or Vice Chair shall be eligible for re-
election.
p
2)
The annual September election may be postponed by a majority vote of the
Commission. If the election is postponed, the then Chair and Vice Chair shall
continue to serve until an election is conducted.
3)
The Chair and Vice-Chair should, but need not, be on different appointment
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 2 of 17
Final Presentation Draft as Recommended by the
Vignittittg ,0111Mih .5:1 204
expiration schedules to avoid both reaching reappointment or term limits at the same
time.
4) At an election, nominations for the office of Chair or Vice Chair need not be
submitted before the meeting,but may be made at the election meeting. A second to
each nomination shall be required.
a) If only one member is nominated for the office of Chair or Vice Chair, then a
motion to elect that nominee unanimously or by acclamation is in order.
b) No more than two members shall be nominated for an office, and the choice
between them shall be made by majority vote of the members.
B. Whenever a vacancy in the office of Chair or Vice Chair arises for any reason, the
Commission, at its next regular or special meeting, shall elect a new Chair or Vice
Chair,who shall serve until the next annual election.
C. The Chair or Vice Chair may be removed from office at any time by an affirmative
vote of four members of the Commission at a regular or special meeting.
D. In the event that the Chair is absent from a meeting or disqualified on a matter, the
Vice Chair shall act as the Chair. Where the elected Chair and Vice Chair are both
absent or disqualified, then the Chair, at or before the meeting, shall designate one of
the remaining Commissioners to act as the Special Chair for a meeting or a matter. If
the Chair does not make a designation, then the Vice Chair, at or before the meeting,
may designate the Special Chair. The Vice Chair and the Special Chair when acting
as the Chair shall have all of the duties and authority of the Chair.
E. The Chair shall preside at all Commission meetings and hearings and shall be
responsible for the timely, fair, and reasonable conduct of the Commission's business.
F. The Chair shall decide all points of order and procedure. But by motion duly made
and seconded, any Commissioner may appeal the ruling of the Chair to the
Commission as a whole. The motion to appeal is subject to debate and is not
amendable. To overrule a procedural decision of the Chair, a majority vote is
required.
G. The Chair shall have the right to vote on all matters before the Commission, to make
and second motions in the absence of a motion or second by a member, and to
participate in the Commission deliberations from the chair.
H. The Chair shall perform any duties required by law, Town ordinances,or these rules.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 3 of 17
Final Presentation Draft as Recommended by the
OW) 2.Q.Q4
1.3 Secretary-Town Planning & Zoning Administrator
The Town's PlanningZoning in and Administrator shall act as Secretary to the Commission.
dutyof the Secretary the Secretary's designated representative) to conduct
It shall be the
all official correspondence of the Commission; to send out all notices required by law,
rules of procedure; to perform all the customary duties of the office; to be
ordinance or these
the custodian of the
records of the Commission; to supervise the clerical work and technical
preparations necessary disposition the dis osition of business before the Commission; and to perform
all qby
other duties required law, ordinance, or these rules or that the Commission requests.
2.9 Legal Counsel
The Town Attorney(or the Attorney's designated representative) shall provide legal advice
Y
to the Commission except when a conflict of interest or other legal bar to representation
arises. If
a conflict of interest or other legal bar arises and the Commission determines that
it needslegalspecific advice on a s ecific matter, the Commission, by majority vote at a regular or
special meeting, may request that the Town Council retain independent counsel to provide
the needed legal advice.
2. COMMISSION MEETINGS
2.1 Regular Meetings
Regular meetings
monthly of the Planning and Zoning Commission shall be held at the Oro
Valley Town Hall on the first Tuesday of each month. Whenever a regular meeting is to
be
held as a
on the same daylegal holiday in Arizona, that meeting may be either canceled or
g
rescheduled. Public notice of these meetings shall be given as required by the public
provision s of the Arizona Revised Statutes. If it is necessary to change the location
og
r the time of the meeting, a notice of such change shall be posted at the Town Hall and
other locations forostin of public notice as set forth in the Town's posting procedures.
p g
2.2 Special Meetings
The Commission mayhold special meetings at the call of the Chair (or of the Vice Chair if
p
the Chair is unavailable),or at the call of a majority of the members,which call shall be filed
with the Secretary, or as may be scheduled by a majority of the members at any previous
meeting. At least 24 hours notice of the meeting shall be given to each member of the
Commission bydirect telephone contact or personal delivery and posted at the Town Hall
p
complex and other locations for the posting of public notices as set forth in the Town's
posting procedures.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 4 of 17
Final Presentation Draft as Recommended by the
Tignnitr 2.Q.Qri
2.3 Study Sessions
A. Study sessions for any purpose may be held at the call of the Chair (or Vice Chair if
the Chair is unavailable), or at the request of three or more Commissioners, or by
scheduling at a regular or special meetings, or at the request of Staff.
B. At least 24 hours notice of the study session shall be given to each Commissioner by
direct telephone contact or personal delivery and posted at the Town Hall complex and
other locations for the posting of public notices as set forth in the Town's posting
procedures. The notice given and posted shall specify the time and place of the study
session and its agenda.
C. By a majority vote at the session, the Commission shall determine whether public
testimony shall be taken.
2.4 Public Meetings and Executive Sessions
A. All meetings and hearings of the Commission, except Executive Sessions, shall be
public meetings. All persons so desiring shall be permitted to attend the public
meetings and hearings, address the Commission as provided in sections 2.8 and 2.9 of
these Rules, and listen to the deliberations and proceedings. All legal action of the
Commission shall occur during a public meeting. Any action calling for a formal vote
shall take place only at a public meeting.
B. An executive session shall mean a gathering of a quorum of the Commissioners from
which the public is excluded.
1) Such a session may only be conducted for one or more of the reasons set forth in the
Arizona Public Meetings Law.
2) Before the Commission may go into executive session, a majority of the members
constituting a quorum must vote in a public meeting to hold the session. That vote
may be taken immediately before going into the session. Or it may be taken at a
public meeting to meet on a later date in executive session.
3) The agenda for an executive session shall contain a general description of the
matters to be considered, as well as the Arizona statutory provisions that authorize
such a session, but shall not contain any information that would defeat the purpose
of the session.
4) Only those individuals whose presence is reasonably necessary for the Commission
to carry out its executive session responsibilities shall attend that session.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 5 of 17
Final Presentation Draft as Recommended by the
riavaiug .Z9ning.0 m tAbig 2.Q.Q4
5) The business conducted in and all materials concerning executive session subjects
are confidential and not public information.
6) No vote may be taken during an executive session. Any final action on a matter
discussed in an executive session must be taken during a public meeting.
2.5 Site Inspections
A. The Commission may take field trips to view property or for other purposes relevant
to a public hearing or other matter under consideration.
1) A site inspection is conducted solely for the purpose of providing Commissioners
with pertinent information. The participation of others at a site inspection shall be as
stated in Rule 2.5(C) of this Rule.
2) A quorum of Commissioners need not be present for a group inspection.
3) The Commissioners at a group tour may only listen to the information presented and
ask clarifying questions,but may not discuss or deliberate among themselves.
B. The Secretary may conduct a group site inspection for the Planning and Zoning
Commission members on all rezonings and other matters deemed appropriate by the
Chair.
C. All interested persons shall be afforded the opportunity to be present to view the
property and hear any reports, presentations, or comments. The public notice to be
given and the protocols to be followed shall conform to those set forth in the Town's
Resolution No. 03-26, adopted on April 2, 2003, and as amended from time-to-time
thereafter.
D. Commissioners who are unable to attend the group site inspection shall visit the site
individually. No more than three Commissioners,however,may together visit a site at
the same time unless the requirements of the Arizona open meetings law have been
complied with. A record of the site inspection shall be entered into the minutes
regarding the matter under consideration.
2.6 Agenda and Zoning Code Amendments
A. The Commission Secretary shall prepare the agenda for each regular and special
meeting and study session. The agenda shall specify the matters scheduled for
Commission consideration. The Town Staff may place matters on the agenda based
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 6 of 17
Final Presentation Draft as Recommended by the
upon the schedule of development review, the work plan, and in response to
projects/issues that arise. The Commission Chair shall approve the agenda before its
dissemination, distribution, and posting.
B. The agenda shall generally organize matters in a manner that best promotes
opportunities for effective public input and the timely and efficient performance of the
Commission's responsibilities. Matters that are reasonably likely to attract the
attendance of many interested persons shall generally be placed early on the agenda in
order to minimize the time those interested persons must wait for consideration of the
matter that brought them to the meeting. Such matters are generally those that involve
notice to adjoining property owners and those for which public notice was published
or posted.
C. Prior to the agenda's posting and distribution, specific matters may also be placed on
the agenda by the Chair, by request of two or more Commissioners communicated to
the Chair or the Secretary, or by an affirmative vote of a majority of the Commission
at a previous meeting.
D. Upon request to the Secretary before the posting and publication of the notification of
the public hearing, an applicant in a matter to be placed upon the Commission's
agenda may withdraw the matter or request that it be carried to another Commission
meeting.
2.7 Quorum Requirement
Four members shall constitute a quorum. No action shall be taken at any regular or special
meeting in the absence of a quorum, except to adjourn the meeting to a subsequent date.
2.8 Order of Business
The order of business at a regular or special meeting shall be as follows:
A. Call to Order. The Chair shall call the Commission to order no earlier than, and
reasonably soon after,the time stated in the public notice of the meeting.
B. Roll Call. The Secretary shall call the roll of Commissioners, record the
members present and absent, and announce whether a quorum of Commissioners
is present.
1) Once a quorum is present, the meeting can continue to transact business until
adjournment.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 7 of 17
Final Presentation Draft as Recommended by the
MAW=.4,1,Zsmin.C$) Inigin 2994
2) At any time after a quorum is present, the Commission, by majority vote of the
Commissioners present, may change the subsequent order of the posted agenda
in order to accommodate the Commission,the Staff,members of the public, and
applicants.
C. Call to the Audience. This open call to the public shall allow members of the
public to address the Commission on matters not otherwise listed on the
meeting's agenda.
1) The public shall only raise issues that are within the scope of the Commission,
namely planning and zoning policies,plans, amendments, and regulations as set
forth in sections 1-401 and 1-402 of the Town's Zoning Code as they are in
effect and amended from time-to-time.
2) All remarks of the public shall be addressed to the Commission as a whole and
not to any specific Commissioner.
3) Unless otherwise changed by majority vote of the Commissioners at a meeting,
each speaker shall be permitted to speak for three minutes.
4) The Commission shall not deliberate or take any legal action on new matters
raised during an open call to the public that are not on a meeting's posted
agenda.
5) At the conclusion of the open call, individual Commissioners may
a) Respond to criticism made by those who have addressed the Commission;
b) Request that Staff review the matter raised; or
c) Request that a matter be placed on a future agenda so that it can be
discussed.
D. Approval of Minutes of previous meeting(s).
1) The minutes of prior meetings shall be distributed to the Commissioners for
review prior to a meeting.
2) At the meeting, the Chair shall inquire whether there are any corrections. If
none, or following notation of corrections, the Chair shall announce that the
minutes as distributed, or as corrected, stand approved.
3) If there is any dispute about a correction, the proposed correction shall be
placed in the form of a motion, discussed, and voted on.
E. Continuances and Withdrawals.
1) Before a matter is posted on the Commission's agenda, an applicant or an
applicant's agent shall have a right to withdraw a matter without prejudice to its
re-submittal at a later date as a new matter.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 8 of 17
Final Presentation Draft as Recommended by the
nitti igr7rrrsYr ug.0 LiOh 0 119.11 299
posted After
the matter is on the Commission's agenda, an applicant or an
applicant's agent shall have a right to a one-time continuance of a matter to
gumeeting
another regular of the Commission. Any further continuance may be
yby
granted
onl an affirmative vote of the Commissioners present at a meeting.
F. Unfinished Business. Matters continued from prior meetings.
G. New Business. Matters brought before the Commission for the first time.
includingupdates from Staff and reports on the resolution of items or on
H. Reports, p
ac
action that the Town Council has taken on matters that have come before the
Commission.
I.
Miscellaneous Business not otherwise in another category of business above.
J. Adjournment. Uponcompletion of the meeting's agenda, the Chair shall
declare the meeting adjourned.
2.9 Conduct of Hearings and Official Actions
A. A speak Commissionerdesiringto s eak or pose questions shall first address the Chair, and
recognition upon ition bythe Chair, shall confine the statements or questions to the matter
p gn
under consideration at that time. When so recognized, the Commissioner shall not be
as
interrupted longas the Commissioner is proceeding in accordance with these Rules
i p
and Procedures.
B.
The Commission shall not conduct its hearings according to technical or judicial rules
of evidence. Anyrelevant evidence may be considered so long as it is the kind of
evidence
idence that a reasonably responsible person would rely upon in the conduct of
serious affairs.
Any person
C. expense, may have a meeting recorded by an electronic
at their own
device or by a stenographic reporter, provided that they consult with the Commission
Secretary arrange to for access for such recording prior to commencement of the
g
meeting, and that the recording does not otherwise disrupt the proceedings.
D. Presence of Applicant or Agent.
1) The applicant or an applicant's agent in any matter on the Commission's agenda
shall be present in person to present and discuss the application.
2) If the applicant or an applicant's agent does not appear when the application is called
at a Commission meeting, the Commission may continue the matter to its next
regular meeting or act upon the application.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 9 of 17
Final Presentation Draft as Recommended by the
PZsmin {eiy�`�1a{ cif+i S ` /�;yid9.1). E a 2r■i i�a���i�i i��'_'��+�i i�i��i a i .0;�7t��i��i i■.a i i i�= i i
i a��Y
present if the applicant requests in writing before the
3) The applicant need not be pp
Commission act on the application without their being present. In
meeting that the pp
that circumstance, the Commission mayconsider the application in the absence of
the applicant and hearpersons requesting to speak on the matter in response to the
q g
public notice of the hearing.
E.
The Commission shall consider a matter in the following manner:
1) Call: The Secretaryshall announce the matter as stated on the posted agenda.
2) Applicant's Presentation.
shall call for the applicant to make a presentation unless the applicant
a) The Chair pp
has requestedpp that the application be considered without the applicant's
attendance.
b) If the applicantpp or the applicant's agent makes a presentation,the Commissioners
may ask applicantapplicant's or the a licant's agent questions about any aspect of the
application and all relevant facts, circumstances, and conditions affecting the
matter.
3) Town Staff's Presentation
pp
a) After
conclusion of the applicant's presentation and questioning, the appropriate
Town Staff representative shall present and summarize the written staff report,
analysis, and recommendations.
b) The Commissioners mayask Staff questions about any aspect of the application,
the report,re ort, and all relevant facts, circumstances, and conditions affecting the
matter.
4) Public Hearing and Input
a) Matter posted for a public hearing:
i. any person erson wants to address the Commission about the application under
consideration, that person must complete and deliver to the Commission
Secretary a Speaker Card that will be available at the hearing site.
p
ii.
The Chair will call a speaker who has submitted a card when it is that
speaker's turn to address the Commission.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 10 of 17
Final Presentation Draft as Recommended by the
gicamiv.g..0 III 9.0..0.09)nr. 2994
iii. When the Chair calls a speaker, that person will first state the speaker's
name and current address for the record.
iv. Unless otherwisep ermitted by the Commission after an affirmative majority
vote on a motion, a speaker at the public hearing shall have three minutes to
make the presentation. The Chair may limit the speakers or their
presentations upon a particular issue in order to avoid repetitious or merely
cumulative testimony.
v. Groups wishing to speak should choose a spokesperson to present the views
of the group.
vi. Upon the completion of a speaker's presentation, Commissioners may pose
questions to the speaker.
vii. After all persons who have submitted a Speaker Card have been heard, the
Chair shall close the public hearing.
viii. Once the public hearing has been closed, no further oral or written statement
from the public shall be taken unless specifically solicited by the
Commission.
b) Matter not posted for a public hearing: No public testimony shall be taken
unless on motion and the affirmative vote of a majority of the Commissioners
present, the Commission decides to hear public testimony at that meeting,
whereupon these rules for a public hearing shall apply.
c) Written Communications from Public. The Secretary shall fix a schedule for
the submission of written communications from the public regarding an agenda
matter. Written communications timely received shall be duplicated and
delivered to the Commissioners at least two full working days before the
meeting. Where written communications are not timely received or are
submitted on the day of or at the Commission meeting, Commissioners may, but
need not,review, consider, or comment upon such communications.
5) Rebuttal: After the close of the public hearing,the applicant or the applicant's agent
may be allowed an opportunity for a rebuttal to points raised during the hearing so
far. The Commissioners may pose further questions to the applicant and to Staff,but
the Commissioners shall not commence to deliberate among themselves until a
motion on the application is made.
F. Commission Decision: After the completion of all presentations, a Commissioner
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 11 of 17
Final Presentation Draft as Recommended by the
may make a motion to continue the matter to date specified in the motion (with or
without stated requirements), approve or recommend approval (with or without stated
conditions), or deny or recommend denial of the application.
1) By majority vote on a motion,the Commission may defer action on any matter when it concludes that additional time for further study or input is necessary. If continued,
the matter will be carried to a date certain. The Commission may direct Staff to
prepare an update to the Council on any matter continued for more than 35 days,
indicating why it was continued and when the Commission expects to consider it.
2) A motion to approve or deny, or recommend approval or denial, shall include a
statement of the proposed findings and conclusions that support the proposed action.
In the alternative, such a motion may adopt all or some of the proposed findings and
conclusions set forth in the Staff report submitted on the application.
3) After a motion has been made, the Commissioners shall then discuss the merits of
the application and the motion. The Chair shall allow sufficient discussion and
consideration of the issues so that all pertinent points of view are considered.
4) When the discussion is complete or when a Commissioner "calls the question," a
vote of the Commissioners present shall be taken. The affirmative vote of a majority
of the members present at the meeting shall be required for passage of a motion.
a) The Commission shall use its best efforts to reach a majority vote on a motion.
b) All Commissioners present shall be required to vote unless the Commissioner is
disqualified because the matter involves the conduct of the Commissioner or the
Commissioner has a conflict-of-interest. If a Commissioner fails to vote as
required, the Commissioner shall be deemed to have voted with the majority,but
if the votes actually cast are tie,the Commissioner shall be deemed to have voted
against the motion.
5) After a vote on the merits of a matter has been taken, there shall be no more
discussion on that matter.
6) The minutes of the meeting shall reflect the "ayes" and "nays" cast on a particular
matter, the rationale for the majority and minority vote, and the names of those
members who vote in the majority and minority. Those minutes shall also contain
any statement that a Commissioner may wish to make regarding the Commissioner's
vote.
7) Reconsideration. Reconsideration of any action that the Commission has taken can
only be had by a motion made by a Commissioner who was on the prevailing side of
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 12 of 17
Final Presentation Draft as Recommended by the
' r tki ,g .4911iin., M111,W9.1).9.1). 19,b4 T.,a,,2, ,`
motion shall be filed with the Commission Secretary and
the original vote. Such a f
then placed upon the agenda for the next meeting of the Commission. At the time o
the next meeting, there must be a second to the reconsideration motion. If there is
fails. If there is a second,the Commission shall automatically
no second, the motion
continue the reconsideration of the original matter to a specific date for hearing.
Recommendation to Town Council. Whenever the Commission
G. Transmittal of
makes a recommendation to the Town Council, the Secretary of the Commission shall
transmit in writing the Commission's recommendation. That written transmittal shall
plain statement settingforth the Commission's recommendation as
consist of (1) a ,
main motion that the Commission passed, (2)the findings that the Town's
stated in the
Zoning Code requires p the ortion of the Commission,s Minutes where the
(3)
application was considered, (4) the report that the Town Planning and Zoning staff
Commission, and (5) any written communications that the public
presented to the
timely submitted.
Practice. Motions aregrouped into three categories in the following
2.10 Motion �'
order of priority and precedence:
A. Meeting Conduct Motions relate to how the meeting shall proceed; they are the
most privileged ed and have the highest priority for action over any other motion.
1) Point of Privilege
a) This motion is a communication from a Commissioner to the Chair drawing
urgent
attention to a need for some personal accommodation, such as an inability
p
to
see or hear what is transpiring, a matter of requested convenience, or a right or
privilege e that has been overlooked and should be recognized.
b) Because of its urgent nature, such a motion can interrupt a speaker and cannot be
debated or amended. No vote is required; action is taken by the Chair alone.
2) Point of Procedure
This motion is a question addressed to the Chair inquiring about the conduct the
a)
meeting or the propriety of a particular procedure.
b)
Such a motion can interrupt a speaker and no second is required. It is not
debated or amended; it is resolved by correction or clarification by the Chair.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 13 of 17
Final Presentation Draft as Recommended by the
A.Z9J)iikkg.C.Q .Q.Q. tQb.V.5.1 2994
3) Motion to Appeal a Ruling of the Chair
a) This motion appeals the Chair's ruling on questions of procedure to the full
Commission.
b) Such a motion cannot interrupt a speaker and a second is required. It is subject
to debate and it is not amendable. A majority vote to overrule the decision is
required.
B. Disposition motions are subordinate to, but affect or dispose of, main motions;
because disposition motions affect main motions, they have precedence over main
motions and can be raised while main motions are pending;
1) Motion to Recess
a) This motion requests a brief interruption in the meeting or to provide a needed
break
b) The motion cannot interrupt a speaker and a second is required. It is debatable
and can be amended. A majority vote is required.
2) Withdrawal of Motion
a) This motion is a communication to the Chair from the Commissioner who made
the pending motion that moving Commissioner withdraws the proposal,which is
the moving Commissioner's privilege.
b) It does not require a second, and is not subject to debate, amendment, or vote.
c) The Chair simply states that the motion is withdrawn and proceeds to the next
matter.
3) Motion to Continue(Postpone)
a) This motion arises from a need for further information, a matter of convenience,
or for any other reason that will enable the Commission to deal more effectively
with the matter at a later time.
b) The motion cannot interrupt a speaker and requires a second. It is debatable and
is amendable. A majority vote is required for approval.
4) Motion to Amend
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 14 of 17
Final Presentation Draft as Recommended by the
a) This motionproposes ro a change in the wording of a motion currently under
consideration.
b) This motionp a
cannot interrupt speaker and requires a second. It is debatable and
p
amendable. A majority vote is required for approval.
c) Amendments are considered in the reverse order of the sequence in which they
werero osed. When a motion to amend is pending and another amendment to
p p
the amendment is proposed, the Chair shall focus the discussion on the latest
p p
amendment, resolve it, and then proceed to the prior amendments and then the
main motion.
5) Motion to Close Discussion
a)
This motion is the same as a motion to move a question or to call the previous
question.
b) The motion cannot interrupt a speaker and a second is required. It is subject to
debate and is not amendable.
c) Because this motion affects the most fundamental right of a Commissioner to
speak the Commissioner's views, a two-thirds vote of the Commissioners
present is required for approval.
6) Motion to Count the Vote
a) This motion is limited to those circumstances where the convenient hearing of
y
"yeas" and "nays" cannot clearly resolve the issue and represents the right of a
Commissioner to have a vote demonstrated by count.
b) It cannot interrupt a speaker and requires a second. It is not debatable or
amendable.
c) Because of the importance of the matter, it is considered mandatory; thus, no
vote is required.
Main Motions propose an action on a substantive matter that the Commission is
C. p p
.
considering Only one main motion can be considered at a time and must be resolved
before proceeding to the next matter.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 15 of 17
Final Presentation Draft as Recommended by the
9.11 Winr..5.,29.Q4,
2.11 Suspension of Procedural Rules
provisions for the in these rules concerning the conduct of public meetings, the
posting public of notices, the conduct of executive sessions, and the presence or
prohibitiona quorum of of Commissioners, the Commission may suspend any rule set
forth in section 2.1 through 2.10 upon the motion of any Commissioner that is duly
seconded andp assed on the vote of two-thirds of the Commissioners present at a meeting
and not disqualified from voting because of a conflict-of-interest.
2.12 Commissioner Conflict-of-Interest
A. Each Commissioner has a responsibility to comply with the conflict-of-interest
provision of Arizona law as set forth in Arizona Revised Statutes §38-510 et seq. Any
Commissioner who may have a conflict may discuss the matter with the Town
Attorney.
B. Immediately upon on determining that an impermissible conflict does exist, the
Commissioner shall declare the conflict by completing the Conflict of Interest
Disclosure Memorandum available from the Town Clerk and shall submit that
memorandum to the Town Clerk.
C. If an impermissible conflict arises, the Commissioner shall not discuss, advocate,
influence, or otherwise take part in the Commission's actions on the matter, either in
public or private. Whenever a matter comes before the Commission and the
Commissioner has an impermissible conflict, the Commissioner shall leave the
meeting room and refrain from taking part in the hearing, discussion, or determination
of the matter. When the remaining Commissioners resolve the matter, the
Commissioner may return and resume participation in the business of the meeting.
But if the matter is not resolved at that meeting, the Commissioner shall not discuss
the matter with any other Commissioner until the matter is finally resolved.
2.13 Ex Parte Contacts
A. Other than at Commission meetings and site inspections, a Commissioner shall avoid
communicating with applicants or their agents about a matter being considered or to
be considered. If a Commissioner receives any communication about such a matter ex
parte, the Commissioner shall have a duty to reveal the communication during the
Commission's consideration of the matter. Upon receipt of the ex parte
communication, the Commissioner should invite and encourage applicants or their
agents to speak with the Town Staff so that the information can be provided with the
Staff's report to the Commission and incorporated into the public record and/or to
present information or testimony before the Commission as a whole.
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 16 of 17
Final Presentation Draft as Recommended by the
Talarm tag. a Zsmn.c. m 9,A..Q.c19.1? i■f%29 a
B. Because a broad range of public input may be helpful in making a decision on a
matter, a Commissioner may communicate with the public outside of the Commission
meetings. But during the Commission's consideration of the matter, the
Commissioner shall have a duty to reveal the nature and scope of the relevant
information and opinions gathered from such communications.
C. A Commissioner shall not espouse, reveal, or commit to any position during any
outside or ex parte communications.
3. AMENDMENT PROCEDURE
Amendments to these rules may be made by the Commission at any time and must be
approved by the Town Council. Before any proposed amendment can be placed on the
meeting agenda and considered or approved at a Commission meeting, that amendment
must be either proposed or submitted in writing at a previous meeting of the Commission
and recorded in the minutes of that previous meeting. Amendments shall become effective
at the next regular meeting of the Commission after approval by the Town Council.
APPROVED by the Planning and Zoning Commission this 5th day of October, 2004.
Don Cox, Chairman
APPROVED by the Oro Valley Town Council this 3rd day of November, 2004.
Paul H. Loomis,Mayor
Town of Oro Valley Planning&Zoning Commission
Recommended Rules and Operating Procedures
October 5,2004 Page 17 of 17
RESOLUTION NO. (03)- 68
TOWN ORO VALLEY, ARIZONA ADOPTING
OF
A RESOLUTION OF THE
DOCUMENT KNOWN AS THE "RULES AND OPERATING
THAT
PROCEDURES, ORO VALLEY PLANNING N1ING AIS TD ZONING COMMISSION,
UBL1C RECORD
AUGUST 6, 2003"
AND MAKING SUCH DOCUMENT A P
established its own Planning and Zoning Commission
WHEREAS, the Town of Oro Valley has
and,
eratin rocedures therefor by Resolution
and adopted rules and operating
p
WHEREAS, it is necessary to amend the
adopted rules and operating procedures to conform to
adopted Town Council procedures; and,
Commission has considered that document known as "Rules
WHEREAS, the Planning and Zoning
n and Zoning Commission, August 6, 2003" and, at
andOperating Procedures, Oro Valley Planning .
recommended Council approval of same,
July 1,2003 regular meeting, adopted and
its J y
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF ORO VALLEY:
Operating Procedures, Oro Valley Planning and
"Rules and O
That certain document known as the R p
• 2003" isherebyadopted. Said document is attached herewith and
Zoning Commission, August 6, P
Z g A" same are to remain on file in the office of the Town
labeled as "Exhibit and three copies of
document is hereby and, further, said declared to be a public record.
of the Town of Oro Valley this 6th day of
PASSED
AND ADOPTED by the Mayor and Council
August, 2003.
TOWN OF ORO VALLEY,ARIZONA
yot
r 4Q
Paul H. Loomis, f ayor
ATTEST:
(14:1.4-L •'-
Kathiti E. Cuvelier,Town Clerk
APPROVED AS TO FORM:
4/144eirtide,„
Mark J. . i , 'awn Attorney
RULES AND OPERATING PROCEDURES
ORO VALLEY PLANNING AND ZONING COMMISSION
August 6, 2003
1. ORGANIZATION
1.1 Membership
The Planning and Zoning Commission shall be composed of a total of seven members who
shall be residents of the Town. The Town Council shall appoint the members in accordance
withp rocedures adopted by the Council. All members shall serve at the will and pleasure
of the Town Council. 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 four members
shall expire in any one year. No member shall serve more than two consecutive two-year
terms of including any time served to fill a vacancy. Vacancies for any reason shall be
filled by appointment ointment by the Council for the remainder of the unexpired term. The term of
all members shall extend until their successors are appointed.
1.2 Attendance
If a member misses three regular meetings within a year, a letter of inquiry requesting a
response shall be sent by the Secretary to the Commission. If the response received is
indicative of a continuation of frequent absences, the Planning and Zoning Commission
may request that the Town Council appoint a new person to complete the term.
1.3 Officers
The Planning and Zoning Commission shall elect a Chairman and Vice-Chairman from
among its own members in September of each year who shall serve for one year. The
Chairman and Vice-Chairman should be on alternate appointment schedules to avoid both
reaching reappointment or term limits at the same time. The Chairman shall preside at all
meetings and exercise all the usual rights, duties and prerogatives of the head of any similar
organization. The Vice-Chairman shall perform the duties of the Chairman in the absence
or disability of the Chairman. If both Chairman and Vice-Chairman are absent from a
meeting, the senior member of the Commission shall preside. Vacancies in these offices
created by any cause shall be filled for the unexpired term by the Town Council.
1.4 Secretary
The Town Council shall designate the Planning and Zoning Administrator to act as
Secretary to the Commission. It shall be the duty of the Secretary or his or her designee to
conduct all official correspondence of the Commission, send out all notices required by law,
ordinance or these rules of procedure; to perform all the customary duties of the office; to be
the custodian of the records of the Commission; to supervise the clerical work and technical
preparations necessary to the disposition of business before the Commission; and to
1
perform all other duties required by law, ordinance or these rules of the Commission.
1.5 Legal Counsel
The Town Attorney, or his or her designated representative, shall provide legal advice for
the Commission except when a conflict of interest or other legal bar to representation arises.
The Town Attorney, or his or her designated representative, may decline representation if a
conflict of interest arises.
2.MEETINGS
2.1 Regular Meetings
Regular meetings of the Planning and Zoning Commission shall be held at the Oro Valley
Town Hall on the first Tuesday of each month and shall be duly noticed, in accordance with
Arizona Revised Statutes, as to exact time. If it is necessary to change the location or the
time of the meeting, a notice of such change shall be posted at the Town Hall and other
locations for posting of public notice as set forth in the Town's posting procedures.
2.2 Special Meetings
Special meetings for good cause may be held by the Commission on call of its Chair or of a
quorum of members, which call shall be filed with the Secretary, or as may be scheduled by
a majority of the members at any previous meeting. If the Chairman is unavailable, the
Vice-Chairman can call a special meeting. At least 24 hours notice of the meeting shall be
given to each member of the Commission.
2.3 Public Meetings
All meetings and hearings of the Commission, except Executive Sessions, shall be open to
the public. Any action calling for a formal vote shall take place only at a public meeting.
2.4 Site Inspections
The Secretary shall conduct a site inspection for the Planning and Zoning Commission
members on all rezonings and other matters deemed appropriate by the Chairman. Planning
and Zoning Commission members who are unable to attend the group site inspection may
visit the site individually. The conduct and notice of such inspections shall be as provided
by law and by adopted Council procedures.
2
2.5 Quorum and Voting
Four 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 Planning and Zoning
Commission. 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 the minority. If absent, or if failing to vote, the minutes shall indicate
that fact. If a member declares a conflict of interest relative to a particular issue, he will
abstain both from voting and from deliberations of the matter in question. The Commission
shall direct staff to prepare an update to the Council on all items continued more than 35
days, indicating why they were continued and when they are expected to be considered next
by the Commission.
2.6 Zoning Code Amendments
Any member of the Planning and Zoning Commission, or the Planning and Zoning
Commission as a whole, may propose changes to the Zoning Code and such will be set for
public hearing.
2.7 Order of Business or Agenda
The order of business shall be as follows:
A. Roll call -Roll is called by the Secretary. A quorum must be present to transact
business
B. Approval of minutes of previous meeting(s)
C. Call to the Audience
D. Unfinished business
E. Hearing of applications
F. Reports
G. Resolutions
H. Communications and miscellaneous business
3. OFFICIAL RECORDS
3.1 Definition
The official records shall include these rules and regulations, and the minutes of the
Commission, together with all findings, decisions and other official actions and records.
3.2 Files -Retention
All applications and other matters coming before the Commission shall be filed in the Town
Planning 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
3
and Zoning Records Retention Schedule. The Secretary shall keep a permanent file of all
plats, maps, charts, reports, resolutions, notices, correspondence or other matters filed with,
or issued by, the Commission.
4. RULES AND AMENDMENTS
4.1 Amendment Procedure
Amendments to these rules may be made by the Commission and approved by the Town
Councilp rovided any such amendment is proposed at preceding meeting, or is submitted in
writing at a prior meeting of the Commission, 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 Commission.
4