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  Item # 2.       
Meeting Date: 05/04/2011  
Requested by: David Williams
Submitted By: Matt Michels, Development Infrastructure Services
Department: Community Development & Public Works  

Information
SUBJECT:
PUBLIC HEARING - ORDINANCE NO. (O)11-13 RELATING TO PUBLICATION OF PLANNING AND ZONING ADMINISTRATOR DECISIONS AMENDING THE ORO VALLEY ZONING CODE REVISED, SECTION 21.4, PLANNING AND ZONING DEPARTMENT AND SECTION 21.6, BOARD OF ADJUSTMENT
RECOMMENDATION:
Staff recommends approval of the proposed Planning and Zoning Administrator Interpretation Publishing amendment as shown in Exhibit “A”, with the concurrence of the Planning and Zoning Commission.
EXECUTIVE SUMMARY:
The Planning and Zoning Commission held a public hearing on April 5, 2011, and recommended approval of the proposed Zoning Code Amendment.  The Commission had several questions related to the proposed amendment, including the following:
  • Will a fee apply to interpretations and appeals to the Board of Adjustment?     Yes, fees will apply as adopted in the Planning and Zoning fee schedule.  The fee for an interpretation is $100 and the fee for an appeal to the Board of Adjustment is $150.
  • How will the website be organized and laid out to provide links to code interpretations?    Staff will discuss possible methods of publishing this information on the website at the Council Meeting.
The Commission voted unanimously (7-0) to recommend approval of the proposed amendment as shown in Exhibit "A", with the addition of the following language (in bold and italics) to Section 21.6.G, "The appeal shall be filed with the Town Clerk with the required fee."
BACKGROUND OR DETAILED INFORMATION:
Occasionally, the need arises to formally clarify the provisions of the Zoning Code as they relate to a specific development proposal or zoning question. The Planning and Zoning Administrator is empowered to provide written interpretations to clarify the intent of the Zoning Code. Additionally, the Planning and Zoning Administrator is authorized to determine if a proposed use within a zoning district is analogous to a specifically listed use through the formal interpretation process. Currently, following issuance of the written interpretation, a copy of the interpretation is provided to the requestor and filed in the Planning Division Office files for future use and reference. An example of a formal written interpretation is provided as Exhibit "B" to this communication for reference.

The intent of this amendment is to provide public notice of Planning and Zoning Administrator interpretations through publication of the interpretation on the Town website. Appeals to interpretations must be filed within 20 days and will be heard by the Board of Adjustment.

Exhibit "A" includes the draft language for the amendment. Section 21.4.B.9 has been amended to provide for publication of the interpretation on the Town website. Additionally, Section 21.4.B.9 has been amended to provide that a written interpretation must be issued within fifteen (15) days following receipt of a request. (Since the PZC hearing, this recommended time frame has been increased from 10 to 15 days to ensure adequate staff response time.)  Section 21.4.B.9 further provides that in addition to publication on the Town website, interpretations shall be available for review and public inspection in the Office of the Town Clerk. Section 21.6.G. has been added to clarify the ability to appeal written interpretations to the Board of Adjustment.
FISCAL IMPACT:
N/A 
SUGGESTED MOTION:
I MOVE to [adopt, adopt with conditions, or deny] Ordinance No. (O)11-13,  amending the Oro Valley Zoning Code Revised, Section 21.4, Planning and Zoning Department and Section 21.6, Board of Adjustment, requiring interpretations issued by the Planning and Zoning Administrator to be published on the Town’s website and providing for appeal to the Board of Adjustment.
Attachments
Ordinance 11-13
Attachment #2 - Exhibit A
Attachment #3 - Exhibit "B"


    

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