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HomeMy WebLinkAboutMinutes - Board of Adjustment - 8/24/2004 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 24, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE CALLTO ORDER at 3:00 p.m. ROLL CALL: Matt Adamson, Chair Bill Adler, Vice Chair Colleen Kessler, Member Bart Schannep Member John Hickey, Member MINUTES MOTION: Vice Chair Adler moved to continue the August 27, 2004 minutes to the next regularly scheduled meeting. Chair Adamson seconded the motion. Motion carried, 5-0. 1. DISCUSSION AND/OR POSSIBLE ACTION TO THE BOARD OF ADJUSTMENT RULES AND PROCEDURES FOR THE PURPOSE OF RECOMMENDATION AND SUGGESTED AMENDMENTS TO BE PRESENTED TO MAYOR AND COUNCIL There was discussion regarding the recommendations of the Rules and Procedures to be presented to Council for approval. The Rules and Procedures include the following topics: (1) The Board drafting their own procedures that were not necessarily based on those of the Council. (2) Term limits. (3) A strong volunteer record for qualification for appointment. (4) Including a Council liaison, staff member, and former member of the board or commission on the appointment interview panels. (5) Evaluations should be confidential, consistent with the procedures of the board or commission, and provided to the applicant during the interview process. The Board agreed to review the Rules and Procedures section by section. They were as follows: SECTION 1 —General 1.1 Authority The Board of Adjustment is established by Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code, both under the authority of the Arizona Revised Statutes, specifically ARS 9-461 and ARS 11-6. The Board discussed the following issues: • The rotation of the Chair and Vice Chair. • The clarification between a regular session and a special session. 08/24/04 Minutes 2 Board of Adjustment • Adding ARS: 9-462.06 and how it relates to the Board of Adjustment. • Section 701 of the Zoning Code and the terms "scope" and "authority" and having the two words mean the same thing. (This item was tabled for a future meeting.) MOTION: Member Schannep moved to add the following wording to Section 2.4, "The Chairman and Vice-Chair shall rotate among the members with new officers for each regularly scheduled meeting held. Rotation will halt for special session or regular scheduled meeting held without a case." Vice Chair Adler seconded the motion. Motion carried, 5-0. MOTION: Member Hickey moved to add the following wording to Section 1.1, "Board of Adjustment is established and governed by Town Code Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code and the laws of the State of Arizona including but not limited to ARS: 9-4.6.1 specific to municipal zoning and including but limited to all definitions."Member Schannep seconded the motion. Motion carried, 4-1,with Vice Chair Adler opposed. 1.2—Duties The Board duties are per Article 1-7 of the Zoning Code. Vice Chair Adler suggested that this section should reflect what the Boards' responsibilities were with regard to standing and evaluating standing. He explained that this responsibility should be included as part of the Boards duties and used when determining a decision in an appeals case. He explained that he could not offer a motion that would include the appropriate language, but he suggested staff develop the proper language and bring that language back to the Board for review. He explained that this language would be included under the 1.2 Duties section. Member Kessler expressed concern as to whether or not the procedure belonged under Article 1 -7 operating procedures. She explained that this procedure did fall under Article 1-702.A and she suggested this issue be discussed at a future meeting. Vice Chair Adler pointed out that it had been made clear to the Board, in the past, that evaluating an applicant's standing was a part of the Board of Adjustment duties; therefore, he believed it belonged in this section. Member Schannep suggested tabling the item to a future meeting for discussion. In answer to questions from Member Schannep, Vice Chair Adler explained that the reason he was recommending Items D and E was because the community needed to be better served. He explained that this could be achieved by having higher standards applied to Conditional Use Permits, Grading Exceptions, Waivers and Variances. He explained that in his opinion, at this point, the community was not being well served because the Development Review Board made grading exception decisions based upon a 08/24/04 Minutes 3 Board of Adjustment series of criteria which were optional. He stated that to raise the bar for these permits would be in the community's best interest. He reported that this was not a widely recognized issue but would become more recognized if the Board of Adjustment made the decision as well as the applicant requirement to produce a more detailed presentation. He stated that even more importantly the Board of Adjustment decisions were not appealable to the Council, so the politics are taken out of it. He felt that this was in the community's best interest because Grading and Conditional Use Permits were decisions that had far reaching impacts. He suggested that the Council take a look at the recommendation and possibly meet with the Board and make a decision with regard to whether this matter could be or should be handled by a group that was directed with a more stringent requirement. Member Hickey stated that he would like to see what the duties were and the wording that would be used delineated in this section and where the information would be listed. In answer to a question from Member Hickey, Vice Chair Adler explained that his recommendation to Council would be that they initiate an amendment to the Oro Valley Zoning Code to adjust the Board of Adjustment duties. He submitted the following recommendations: Amend OVZCR to include: a) Evaluate and determine standing of an application to an appeal * Reconcile Dept of Commerce Handbook information on standing(11-807 C.) b) Decide variance applications based upon all five standards being met (Revise Sec. 1-709) c) Decide appeal applications based upon any of standards being met. d) Decide requests for grading exceptions. Transfer from Development Review Board (Modify Sec. 1-602) e) Decide Conditional Use Permits. Transfer from Planning and Zoning (Modify Sec. 1-402C) See BOA Handbook page 7. MOTION: Member Hickey moved to accept Section 1.2 Duties as written in the Board of Adjustment Rules and Procedures. Member Kessler seconded the motion. Motion carried, 4-1, with Vice Chair Adler opposed. Member Schannep clarified that Section 1.2 would be tabled for further discussion at a future meeting to develop the Boards' recommendations. 2. SECTION - Organization 2.1 —Membership Vice Chair Adler expressed concern that there was a discrepancy between the Zoning Codes language and the Rules and Operating Procedures wording. He explained that the Zoning Code specifically does not say, "all members shall serve at the will and pleasure of the Town Council" as it appears in the handbook. He suggested changing the wording 08/24/04 Minutes 4 Board of Adjustment so that it was clear that a member did not serve at the pleasure of the Council and could not be dismissed without any explanation. He reported that there were three (3) requirements that are applied for dismissal which were clearly outlined in the Zoning Code. Mark Langlitz, Town Attorney explained that all boards and commissions serve at the pleasure of the Town Council. He added that he did not think it was possible for the Board of Adjustment to change the rules but that the Board could make recommendations to Council to remove a member. Vice Chair Adler explained that it was a question of who would initiate the dismissal of a member. He explained that there were criteria used by Council to consider and substantiate their decision for removal of a member from the Board and not at the pleasure of the Council. Bryant Nodine, Planning and Zoning Administrator, read the following Zoning Code Section 1-704 D, Composition and Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency or misconduct in office." Vice Chair Adler stated that he only requested that the Zoning Code information be included in Section 2.1, so everyone will understand that the Board of Adjustment was different and not an advisory board but a quasi-judicial board. He stated that there should be a distinction. Member Hickey recommended that section entitled "Membership" in Section 2.1 in the Board of Adjustment Rules and Procedures be changed to "Composition"to match the Zoning Code. Also, he recommended that the language in the Board Membership rules read. The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town for the entire term served on the Board." He pointed out that the regularly scheduled meeting time in the handbook was incorrect and needed to be changed from 1:00 p.m. to 3:00 p.m. MOTION: Member Schannep moved to make the following changes in Section 2.1, "Membership"to "Composition", and to remove the line"All members shall serve at the will and pleasure of Town Council" and to include the wording"The 5 members shall be residents of the Town during their entire term." Vice Chair Adler seconded the motion. Motion carried, 5-0. In answer to a question from Member Schannep, Mr. Nodine explained that the term limits were established by resolution adopted by Town Council. The term limits reads as follows: "The term limits shall be limited including the Board of Adjustment to two (2) terms." 08/24/04 Minutes 5 Board of Adjustment Vice Chair Adler suggested that the recommendation should state that the Board of Adjustment be an exception to the rule and apply the Zoning Code rather than the adopted policy as it relates to the Board of Adjustment. The following issues were discussed: • Vacancies. • Creating an application that specifically addresses a position on the Board of Adjustment. MOTION: Member Schannep moved to approve the elimination of the line "no member shall serve more than two consecutive two (2) year terms." Member Hickey seconded the motion. Motion carried, 5-0. 2.2 EVALUATION OF PERFORMANCE Vice Chair Adler explained that the evaluation procedures needed to be made clear in the Board's operating procedures and reflect who would be responsible for conducting an evaluation and how it would be done. The following issues were discussed: • To ask Town Council to establish a standard evaluation form for all boards and commissions. • The appointment of a subcommittee to develop recommendations for the Board of Adjustment and recognizing that the Board decision making process was unique and not like the Development Review Board,Planning & Zoning or Parks and Recreation. • To identify the differences between the Board of Adjustment and other boards and commission. • Who would serve on the subcommittee? It was the consensus of the Board to appoint Vice Chair Adler and Member Kessler to serve on the Subcommittee. 2.3 REMOVAL FOR OFFICE MOTION: Member Schannep moved to remove Line A in Section 2.3 and to insert the following wording to Section 2.3, "Proposed Policy For The Removal Of A Member Of The Oro Valley Board Of Adjustment."Kessler seconded the motion. Motion carried, 5- 0. PROPOSED POLICY FOR THE REMOVAL OF A MEMBER OF THE ORO VALLEY BOARD OF ADJUSTMENT I. The two reasons for removal of a member for cause from the Oro Valley Board of Adjustment shall rest in the hands of the Chairperson as follows: a. Unexcused Absence: Should a member miss two consecutive meetings or Three in one year the Chairperson may consider the position abandoned. 08/24/04 Minutes 6 Board of Adjustment b. Ill-Preparedness: Should a member demonstrate a pattern of Ill- preparedness, the Chairperson may consider removal of the member for the remainder of his/her term. Ill-preparedness may include but not be limited to the following: i. Poor citizenship or unruly behavior. ii. Lack of comprehension to non-technical explanations. iii. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. iv. Disregard for, and/or defiance of, rules and procedures. II. The procedure for such removal shall consist of the Chairperson presenting his/her decision to the Oro Valley Board of Adjustment along with the documented reasoning. This same presentation shall be presented to the Oro Valley Town Council at the next scheduled meeting for ratification. This document was submitted to the Board by members Lyra Done and Bart Schannep on January 28, 2003. 2.4 OFFICERS MOTION: Member Schannep moved that the following wording be added to read "rotation will halt for a special meeting or a regularly scheduled meeting that are held without cases." Member Hickey seconded the motion. Motion carried, 5-0. 2.5 SECRETARY Member Hickey suggested adding an additional item (Item C) that would read, "To conduct site inspections." Vice Chair Adler explained that this issue had been discussed in the past and it was decided group inspection was not a good idea and it was left to the individual to review the sites on their own. MOTION: Member Schannep moved to eliminate the first sentence in Section 3.5 Site Inspection and the second sentence shall remain with the following wording: "Board of Adjustment members are expected to inspect the site individually." Member Kessler seconded the motion. Motion carried, 5-0. 3.6 QUORUM AND VOTING The following issues were identified and discussed: • The provisions for continuing a case. • Conflict of interest. • Recusal. • ExParte. • Appeals. 08/24/04 Minutes 7 Board of Adjustment Vice Chair Adler stated that because the Board of Adjustment was a quasi-judicial board, it did have a unique status. He explained that it was extremely important that the Board rules and procedures were very clear with regard to the ExParte situations because of the status. He recommended that excerpts from the Town Attorney's memo be placed in the Board's rules and procedure. He explained that this would make it clear to any reader what the Board is expected to adhere to because the handbook could be misinterpreted. Mr. Nodine reported that staff would develop some language in the handbook that would address the ExParte contacts and how to handle such cases. He stated that it was clear that this was an issue that needed to be addressed. Member Hickey agreed. MOTION: Chair Adamson moved to table Section 3.6 and any remaining items forward,which would also include any previously tabled items in the Rules and Procedures handbook to the next meeting in September. Member Hickey seconded the motion. Motion carried, 5-0. PLANNING AND ZONING UPDATE Bryant Nodine, Planning and Zoning Administrator reviewed the following projects: • Steam Pump Ranch. • Big Box ordinances. • General Plan Committee. ADJOURNMENT MOTION: Vice Chair Adler moved to adjourn the meeting at 5:00 p.m. Member Schannep seconded the motion. Motion carried, 5-0. Res• - tfully submitted, ind: Hers a, ecretary II