TO: Mayor Collins and Town Council Members
FROM: Andrew M. Miller, Town Attorney
DATE: September 27, 2018
DEPARTMENT: Town Attorney
Staff Contact Andrew M. Miller, 480-348-3691
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AGENDA TITLE:
Title
Discussion and Direction Regarding SUP Managerial Amendment Process.
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Town Value(s):
☒ Primarily one-acre, residential community
☐ Limited government
☐ Creating a sense of community
☐ Partnerships with existing schools and resorts to enhance recreational opportunities
☐ Improving aesthetics/creating a brand
☐ Preserving natural open space
Council Goals or Statutory Requirements:
The Town of Paradise Valley makes every effort to enhance the community's unique character for its residents and people from around the world.
RECOMMENDATION:
It is recommended that the Town Council review the SUP Managerial amendment process and provide direction on any suggested changes to the process.
The Mayor has asked that the Town Council discuss the process used to approve Managerial Amendments to Special Use Permits (hereinafter “Managerial Amendments”). One question that staff believes the Council would like to discuss is whether the Council should have the ability to see a proposed Managerial Amendment prior to its being finalized and have the opportunity to review, modify, deny, or reclassify a Managerial Amendment if a majority of the Council decides that the proposed Managerial Amendment should be modified, denied, or reclassified.
Current Zoning Ordinance Provisions:
The Town Zoning Ordinance (§1102.7) contains the following provisions regarding Managerial Amendments criteria:
“Section 1102.7 Types of Amendments to Special Use Permits.
An "Amendment to a Special Use Permit," is any change to an existing Special Use Permit. There are four categories of amendments: Managerial, Minor, Intermediate, and Major.
A. Managerial Amendment
A Managerial Amendment to a Special Use Permit shall include any proposal which does not:
1. Change or add any uses; or
2. Increase the floor area of the project by more than 1000 square feet or constitute an increase of more than 2% upon the existing or, if still under construction, approved floor area square footage of the affected SUP property, whichever is less, with any such increase to be measured cumulatively over a sixty month period; or
3. Increase the number of units or structures, with the exception of playground equipment shade structures; or
4. Have any material effect on the adjoining property owners that is visible, audible, or otherwise perceptible from adjacent properties with the exception of playground equipment shade structures; or
5. Change in any respect any stipulation(s) governing the original Special Use Permit; or 6. Change the vehicular or emergency circulation or the required parking or loading space or traffic; or
7. Change the architectural style of the approved SUP (renderings/plans).”
The Zoning Ordinance approval process for a Managerial Amendment is specified in §1102.8, as follows:
“1102.8 Application and Approval Process for Amendments to Special Use Permits
The application process for an amendment to a Special Use Permit is comprised of two phases. Phase I is the application submittal process, in which the applicant and Town staff work together to create a complete application. Phase II consists of the formal project review. [Please also refer to Figure 1102.4-1 for an overview of the review process.]
A. Managerial Amendments
1. The applicant must first complete the pre-application review process in accordance with Section 2-5-2(E) of the Town Code. A formal application can then be made to the Town in accordance with Section 1102.3 of this Article. The Town Manager or his designee will then review and either approve or deny the application, or reclassify the application to a different category of Special Use Permit amendment.
2. The Town Manager (or the Town Manager’s designee) will be required to report all decisions on Managerial Amendments to the Town Council (for informational purposes only).
…
B. Detailed Application and Approval Procedures for Amendments to Special Use Permits
The detailed procedures and submittal requirements for amendments to Special Use Permits are the same as those listed in Section 1102.3 C.3. However, sections 1102.3 C.5(e) and (f) do not apply to Managerial or Minor Amendments. The application processes for all amendments to Special Use Permits are also as generally depicted in Figure 1102.4-1.”
Potential Changes to Zoning Ordinance
Although the Zoning Ordinance provides for a de novo appeal of an appeal of the grant of a Minor Amendment to a special use permit by the Planning Commission or any requirement imposed by the Planning Commission as a condition of approval of a Minor Amendment (see §1102.8.B.2.), the Zoning Ordinance does not provide a mechanism for the appeal of a Managerial Amendment. Should the Council determine that some form of review or appeal of a Managerial Amendment by the Council is desirable, one potential approach may be to amend §1102.8.A in the manner noted below (deleted text in strikethrough and new text in bold):
1102.8 Application and Approval Process for Amendments to Special Use Permits
The application process for an amendment to a Special Use Permit is comprised of two phases. Phase I is the application submittal process, in which the applicant and Town staff work together to create a complete application. Phase II consists of the formal project review. [Please also refer to Figure 1102.4-1 for an overview of the review process.]
A. Managerial Amendments
1. The applicant must first complete the pre-application review process in accordance with Section 2-5-2(E) of the Town Code. A formal application can then be made to the Town in accordance with Section 1102.3 of this Article. The Town Manager or his designee will then review the application, make a written determination to either approve or deny the application, or reclassify the application to a different category of Special Use Permit amendment.
2. The Town Manager (or the Town Manager’s designee) will be required to report all decisions on Managerial Amendments to the Town Council (for informational purposes only). The Town Manager (or designee) shall transmit the written determination of all Managerial Amendments to the Town Council within two (2) business days of making the determination.
3. The Town Manager’s (or designee’s) decision shall be final unless within ten (10) days after the Town Manager’s (or designee’s) written determination a member of the Town Council submits a written request to the Town Manager to appeal the determination.
4. The Town Council shall have the authority to decide appeals from the written determination of the Town Manager (or designee). The appeal shall be set for consideration at the next regularly-scheduled Town Council meeting after receipt of the written appeal by the Town Manager. The Town Council shall decide, by a majority vote of the members present and not otherwise disqualified, to: a) affirm the Town Manager’s (or designee’s) decision; b) deny the amendment request; or c) reclassify the application to a different category of Special Use Permit amendment. A majority vote of the voting members shall be necessary to deny or reclassify the decision of the Town Manager (or designee); otherwise, the written determination shall be deemed affirmed.
Direction/Next Steps
Because the process for Managerial Amendments is contained in the Zoning Ordinance, any changes to this process will need to be referred to the Planning Commission for a citizen review meeting and public hearing before the Council can have a public hearing to implement any modifications.
SUMMARY STATEMENT:
Staff will need direction from the Council on whether to modify the process for the approval of Managerial Amendments and what, if any, modifications should be made.
BUDGETARY IMPACT:
None.
ATTACHMENT(S):
None.