14.A.
City Council Meeting - FINAL
- Meeting Date:
- 02/06/2018
- From:
- Elizabeth A. Burke, City Clerk
Information
TITLE
Discussion: Review of Conditional Use Permit process and possibility of modifying the current process to have Planning and Zoning Commission make a recommendation to Council with the final decision being made by Council.
STAFF RECOMMENDED ACTION:
Council discussion/possible direction.
EXECUTIVE SUMMARY:
On January 16, 2018, Councilmember McCarthy brought forward a Future Agenda Item Request to discuss the possibility of having the Planning and Zoning Commission make recommendations to Council, with the final decision being made by Council with regard to Conditional Use Permits. At that time, there was support to move this item to a future agenda, and subsequently support to move it to the front of the discussion queue.
INFORMATION:
The purpose, requirements and procedures to process Conditional Use Permits (CUP) are found in Section 10-20.40.050 of the Zoning Code and attached to this summary. Conditional Use Permits are required for permitted uses that may need conditions to mitigate impacts of the use. Uses that require a CUP are identified with a “UP” in the tables for each specific zone (Chapter 10-40). The current process requires an application that is reviewed by Current Planning staff. Quite often the application includes a concept or site plan review.
Once the concept or site plan is approved, indicating the proposed development complies with the development standards, the request is scheduled for a public hearing with the Planning and Zoning Commission. Staff prepares a report which either recommends approval or denial. Approvals typically include conditions which must be related to mitigating an impact. If it is determined the request has impacts that cannot be mitigated through conditions and are detrimental to the public health, safety or welfare, or incompatible with surrounding uses, the Commission can deny the request. Typical conditions may address impacts such as noise, odors, dust or traffic. A reasonable condition may be to limit the hours of operation, require special equipment or require a turn lane. The Planning and Zoning Commission makes the final decision whether to approve the request and appeals of the decision go to City Council.
Staff completed research on how other cities in Arizona process CUPs. Of 55 cities, 33 have the City Council make the final decision. During 2017, the City processed 5 CUP requests and 6 CUP requests during 2016. One detail that will need to be decided, should the proposed change to the CUP process be adopted, is where appeals of a City Council decision are heard. Typically decisions by City Council are appealed to the Superior Court, however cities may also uses a Board of Adjustment or an outside hearing officer to hear appeals. Staff has attached Division 10-20.80 Procedure for Appeals. This section includes Table 10-20.80.010.A Review Authorities which details the current review authority for permit requests and also outlines the process for appeals.
Once the concept or site plan is approved, indicating the proposed development complies with the development standards, the request is scheduled for a public hearing with the Planning and Zoning Commission. Staff prepares a report which either recommends approval or denial. Approvals typically include conditions which must be related to mitigating an impact. If it is determined the request has impacts that cannot be mitigated through conditions and are detrimental to the public health, safety or welfare, or incompatible with surrounding uses, the Commission can deny the request. Typical conditions may address impacts such as noise, odors, dust or traffic. A reasonable condition may be to limit the hours of operation, require special equipment or require a turn lane. The Planning and Zoning Commission makes the final decision whether to approve the request and appeals of the decision go to City Council.
Staff completed research on how other cities in Arizona process CUPs. Of 55 cities, 33 have the City Council make the final decision. During 2017, the City processed 5 CUP requests and 6 CUP requests during 2016. One detail that will need to be decided, should the proposed change to the CUP process be adopted, is where appeals of a City Council decision are heard. Typically decisions by City Council are appealed to the Superior Court, however cities may also uses a Board of Adjustment or an outside hearing officer to hear appeals. Staff has attached Division 10-20.80 Procedure for Appeals. This section includes Table 10-20.80.010.A Review Authorities which details the current review authority for permit requests and also outlines the process for appeals.