Acting Planning and Zoning Director Paul Popelka explained that this item was continued from August 19, 2009 with direction to make changes from the original draft. Matt Michels, Senior Planner, reviewed changes, focusing on ways to streamline the process to save time and money and granting direction to the Planning and Zoning Director (where appropriate) on a particular project, as requested by the Council.
Discussion followed regarding development plans, neighborhood meetings and education and the legal constraints of the Town. Mr. Michels commented that both the the Southern Arizona Home Builders Association (SAHBA) and the Metropolitan Pima Alliance (MPA) had expressed concerns over the Town adding undue costs and time to the process. He also said that having a consistent and clear solution-oriented process brings a reduction in time and resources, if not keeping it at the same level.
Mr. Popelka stated that the intent was to work out issues at the tentative development plan level, and if those things get resolved then when it comes time for the technical plans to be submitted, no meeting may be required. He stated that it was up to the discretion of the staff at any time to let the applicant know there are problems that need to be resolved prior to going to Council. Mr. Popelka also stated that an applicant’s tentative plans should have all the necessary details that staff needs to make decisions.
Mayor Loomis opened the public hearing.
Oro Valley resident Bill Adler spoke about initiating this effort last year, and he was stunned that citizens would not want to be educated about this effort. He stated that former Planning and Zoning Director Sarah More recognized that educating neighbors in advance of meeting with an applicant serves to reduce delay, not increase it. The focus should be on the quality of how the amendment is delivered and if done properly, will reduce controversy and expedite the approval process which will result in a more content and satisfied neighborhood.
Oro Valley resident Joe Hornat spoke about moving to the town and educating himself about changes happening around his residence. He stated that he recently participated in the Neighborhood 5 site visit and felt there was animosity and nervousness on the part of the neighbors. He noted that he favors this amendment but has concerns regarding the citizen volunteer, and would like to see an elected official at the kickoff meeting along with staff.
Mayor Loomis closed the public hearing.
Exhibit A
Section 22.15: Public Participation A. Purpose
This section provides requirements for neighborhood meetings for proposed development projects. The purpose of promoting public participation in the development review process is to:
- Build trust through effective public outreach and communication.
- Promote fair and open dialogue between stakeholders, applicants, staff, board and commission members, and the Town Council.
- Inform and educate stakeholders regarding the development process, review criteria, and planning and zoning regulations.
- Provide stakeholders with opportunities to ask questions, identify issues, and forge solutions early in the development process.
- Promote transparent conveyance of agreed upon solutions to staff, boards and commissions, and Town Council.
- Promote consistent implementation of agreed upon solutions through the development review process.
B. Applicability
1. General
Neighborhood meetings are required for the following development applications:
a. Major and minor general plan amendments.
b. Rezonings.
c. Conditional use permits.
d. Preliminary plats.
e. Development and landscape plans, excluding landscape plans not associated with a development plan or plat.
f. Any other proposed action that results in significant change in the development intensity or compatibility with existing development as determined by the Planning and Zoning Director.
2. Exceptions
If a project entails more than one of the aforementioned development applications, a single public participation process may be followed, unless substantial changes have occurred to the proposal or significant issues are identified. When the neighborhood meeting requirements are met for major and minor General Plan amendments or a rezoning, further meetings may not be required if the following conditions are met:
· No substantial changes to the approved concept or Tentative Development Plan
· There are no unresolved issues related to the application, as defined in Section 22.15.b.3
3. Exemption from Neighborhood Meeting Requirements
The Planning and Zoning Director may determine that a neighborhood meeting is not required in accordance with the following criteria:
a. There are no residential uses or zones within six hundred (600’) feet of the subject property, excluding areas designated as right-of-way, open space or drainage easement.
b. If it is determined that the project/proposal is:
I. Consistent with similarly situated property, or
II. Not substantially affecting adjacent land use, streetscape, or views
III. Substantially conforms to an approved Tentative Development Plan
c. Any project exempted under this section found to have unresolved neighborhood issues or concerns at any point in the development review process may be required to adhere to the neighborhood meeting requirements.
C. Administration
Neighborhood meetings shall be organized by Town Planning and Zoning Department staff in the manner specified in the Public Participation and Notification Policy maintained by the Planning and Zoning Director.
D. Public Outreach Plan (POP)
1. The applicant must submit a POP that meets the requirements established by the Planning and Zoning Director.
2. The POP must be submitted after pre-application review and before neighborhood meetings are scheduled.
3. The POP must include:
a. A description of the project.
b. Identification of interested stakeholders, including homeowners associations that are affected by the proposal.
c. A proposed neighborhood meeting process.
4. The POP must incorporate the Neighborhood Meeting Requirements noted in Oro Valley Zoning Code Section 22.2.F. The applicant may propose an alternative process if it is designed to include key stakeholders in a meaningful way, and is consistent with Section 22.2.A. Purpose and the Public Participation and Notification Policy. Any alternative proposal will be subject to Planning and Zoning Director approval. At a minimum, the POP must contain educational and issue identification and resolution elements, as defined in the Public Participation and Notification Policy.
5. The POP is subject to Communications Administrator review.
E. Public Outreach Report
1. The applicant must submit a Public Outreach Report as part of the application.
2. At a minimum, the Public Outreach Report must include:
a. A list of neighborhood meetings, noting when and where they were held; the number of people that attended; and copies of sign-in sheets.
b. A list of meeting notification methods used
c. Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.
d. A summary of the issues and concerns that were raised.
e. A list of solutions that were agreed upon.
f. A list of issues that were not resolved, with an explanation of why solutions were not achieved.
F. Neighborhood Meeting Requirements
1. Number of meetings
a. A minimum of two neighborhood meeting elements are required in the following sequence. One meeting may be sufficient if the project is of very limited scope as determined by the Planning and Zoning Director.
i. The first meeting is an educational session with neighbors, other stakeholders and the project planner to review and discuss the process and applicable planning and zoning regulations.
ii. The second meeting is an opportunity for the applicant to present the project, solicit feedback, and address issues and concerns.
iii. It should be determined at the meeting if additional time or information is needed to develop solutions. The decision about whether to hold an additional meeting should be made at this meeting.
b. If the project type, layout, or previously agreed upon mitigation solutions are substantially changed after meeting with neighbors, an additional meeting may be required as determined by the Planning and Zoning Director.
2. Meeting Location
Neighborhood meetings must be held in a facility that:
a. Is accessible to the general public, such as a Town-owned facility, school, house of worship, or community recreation center, and
b. Provides access for persons with disabilities.
3. Scheduling
a. Neighborhood meetings should typically be scheduled on a weekday evening so that working residents may attend, but may be adapted to neighborhood needs, as appropriate.
b. The educational session and applicant presentation meeting must be scheduled prior to formal submittal of the application.
4. Meeting Notification
a. Notice shall include all persons and entities identified in the Public Outreach Plan.
b. Neighborhood meeting notifications must be:
i. Prepared by the applicant using a Town-approved letter format. The letter must include a description and tentative timeline for the review and public meeting/hearing process.
ii. Submitted to the project planner for review and verification one week prior to mailing.
c. If any portion of a subdivision falls within the required notification area, the entire subdivision (as defined by subdivision name or unit number) may be required to be notified if the impacts of the proposal would have impacts affecting the entire subdivision or neighborhood, as determined by the Planning and Zoning Director.
d. In addition to the aforementioned, other meeting notification methods may be utilized for projects of broad scope.
5. Facilitation
a. A Town-approved facilitator may be utilized to assist with neighborhood meetings, as defined in the Public Participation and Notification Policy.
b. If professional facilitation services are required as determined by the Planning and Zoning Director, the applicant is responsible for the fees incurred for such services.
EXHIBIT “B”
Policy: This SOP establishes policy and protocol for conducting neighborhood meetings, as further defined in Section 22.2 of the Oro Valley Zoning Code Revised (OVZCR).
Roles and Procedures for Neighborhood Meeting Facilitation
I. Neighborhood Meeting Facilitation
Facilitators serve an important role in neighborhood meetings for development projects.
A facilitator may be defined as:
· “Someone who helps a group of people understand their common objectives and assists them to plan to achieve them without taking a particular position in the discussion.” (Source: Wikipedia http://en.wikipedia.org/wiki/ Facilitator)
· "One who contributes structure and process to interactions so groups are able to function effectively and make high-quality decisions.” (Source: Ingrid Bens)
It is appropriate for Planning and Zoning staff (P&Z staff) or volunteer or professional facilitators to facilitate various neighborhood meetings. The Planning and Zoning Director will determine the most appropriate facilitation for a particular project. Three different tiers have been defined for facilitation approach. This assessment may be revised as the neighborhood meeting process evolves. The three tiers are:
Tier 1: Facilitator is a Planning and Zoning staff member
· The list of issues is relatively short, and it appears that they can be fairly easily resolved
· The project does not involve a change in land use or development of a project with a land use that is significantly different in intensity or character relative to adjacent uses
· A low level of neighborhood interest is anticipated
Tier 2: Facilitator is a Town-approved volunteer or Town staff (including Planning and Zoning, Communications, and Constituent Services) with specific facilitation experience
· The development project is more complex, with greater potential to impact neighbors
· The project may involve more than one change in use from the land use map or current zoning, or a new use requiring a Conditional Use Permit that will have significant effects on adjacent properties
· The project involves a change in land use or development of a project with a land use that is significantly different in intensity or character
· A Tier 2 project may be designated as a Tier 3 at any point in the process if deemed necessary by the Planning and Zoning Director
There would be no facilitation costs incurred by the Applicant in Tier 2.
Tier 3: Facilitator is a credentialed professional who is engaged for exceptional circumstances in highly complex projects
· The project is very complex and generates a very high level of neighborhood interest
· The project involves a change in land use or development of a project with a land use that is significantly different in intensity or character relative to adjacent uses over a significant area of land
· The project would significantly impact residents beyond the immediate neighborhood
· Involves a General Plan Amendment as well as rezoning.
· The applicant is responsible for the fees incurred for facilitation services under Tier 3
Town-approved, volunteer facilitators must meet the following requirements:
· Demonstrate the ability and willingness to serve as a neutral third party to assist participants in identifying, discussing, and working toward resolution of issues and concerns that are raised through the public participation process
· Agree to follow defined facilitation principles, as defined by the International Association of Facilitators (www.iaf-world.org)
· Attend a facilitator briefing conducted by Town staff. In addition, the applicant must demonstrate skill and knowledge of group process techniques. Experience or formal training and accreditation in group facilitation from a recognized training source is required
· Participate in an interview with a selection panel
· Participate in periodic review and sharing sessions with Town staff. The sessions are intended to help facilitators and staff keep their skills current, discuss challenges and identify ways for improving the process, and address other relevant issues
II. NEIGHBORHOOD MEETING PROCESS
The Public Outreach Plan (POP), referenced in OVZCR, Section 22.2.D, outlines the neighborhood meeting sequence and format. In general, most development projects will require two or more neighborhood meetings. However, the two required meeting elements described below may be combined for projects that are smaller in scope or which have a low level controversy or issues related to them. The determination shall be at the sole discretion of the Planning and Zoning Director. The neighborhood meeting sequence and goals are described below.
1. Educational Session
The first meeting is an educational session, conducted by the project planner, to assist the neighbors in developing a solid understanding of the applicable planning process and regulations. This meeting should be conducted prior to formal submittal, where possible, so that Planning and Zoning requirements are understood. The goals of this meeting are to:
· Provide information to interested parties regarding:
o Existing site conditions, including a map and tentative development plan
o Existing zoning and entitlement conditions for the subject property
o Oro Valley Zoning Code requirements that relate to the project, including a chart of permitted uses and district descriptions, development regulations, applicable overlay districts, and any environmental overlays or regulations applicable to the property
o Review and approval process
o Pertinent General Plan goals and policies
o Board and commission evaluation criteria
o Other relevant information
· Provide an opportunity for interested parties to ask questions, request clarification, and enhance their understanding of the review and approval process; and to clarify which issues are discretionary and may be negotiated through the public participation process, and which are not.
Neighbors are asked to keep discussion about issues and concerns regarding the specific proposal for the next meeting. The applicant may be present at the meeting to observe. The focus on this session is education rather than detailed description of the proposal and issue identification.
The planner must provide the applicant with copies of any handouts that were distributed and a summary of the meeting. If a facilitator is needed for future meetings, they should be invited to attend to observe this meeting. The date and time of the Issues Identification Meeting should be announced to the group.
2. Applicant Presentation Meeting
This next meeting includes neighbors, staff and the applicant and is facilitated according to the Tier guidelines noted under Section II. The goals of this meeting are to:
· Lay the groundwork for good communication between the neighbors and applicant
· Demonstrate how the project design conforms to applicable codes and General Plan criteria
· Present the proposed development project or conceptual plan
· Identify any issues related to the proposal
· Discuss possible alternatives, solutions, and mitigation strategies
· Strive to reach mutually agreeable solutions
If issues and concerns are resolved between all or some neighbors and the applicant, the solutions may be recorded in writing to become possible conditions of approval. If the applicant or neighbors need additional time to consider the issues or develop solutions, a follow-up meeting should be proposed.
III. GUIDELINES FOR FACILITATORS, STAFF, AND APPLICANT
1. Planner’s role and function:
· Define the meeting agenda
· Explain, reiterate and clarify public review process, P&Z requirements, general plan policies and evaluation criteria, as needed, throughout the process
· Suggest appropriate design or mitigation techniques
· Inform the group of limitations on proposed solutions and conditions, for instance, if they are not consistent with P&Z regulations
· Develop an evaluation form to distribute at the meeting
· Collect the evaluation forms and draft a brief meeting summary
2. Applicant’s role and function:
- Fully explain the proposed project, including land use, site layout, function and daily operations and target market
- Listen to neighbor’s issues and concerns and propose possible solutions
- Be prepared to respond to questions about how the project meets specific general plan policies and review criteria
- Include project team members with decision making authority
3. Facilitator’s role and function:
· Assist the planner to define the meeting agenda
· Clarify participants’ roles
· Establish his or her responsibility as the meeting leader, including:
·