| ITEM #: 21. DATE: 08/29/2022 AI #:1072 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | TEXT AMENDMENT TO GOODYEAR ZONING CODE RELATED TO THE PLANNING COMMISSION VOTES AND THE MEMBERSHIP, COMPOSITION, RESPONSIBILITIES POWERS AND PROCESSES OF BOARD OF ADJUSTMENT |
| STAFF PRESENTER(S): | Katie Wilken, Deputy Director of Planning |
SUMMARY
Hold a public hearing to consider a zoning ordinance text amendment to amend Sections 1-2-5 (Planning and Zoning Commission), 1-2-7 (Board of Adjustment) and 1-3-3 (Variances) of the Goodyear Zoning Code related to requirements for the number of votes of the Planning Commission needed to recommend approval of an application and the membership, composition, responsibilities, powers and processes of the Board of Adjustment.
Recommendation
ADOPT ORDINANCE NO. 2022-1551 AMENDING GOODYEAR ZONING ORDINANCE SECTION 1-2-5 (“PLANNING AND ZONING COMMISSION”), SECTION 1-2-7 (“BOARD OF ADJUSTMENT”), AND SECTION 1-3-3 (VARIANCE); AND PROVIDING FOR CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (Katie Wilken, Deputy Director of Planning)
FISCAL IMPACT
There is no budgetary impact associated with this zoning ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS
The Planning Commission Rules of Procedure were last updated by City Council on March 26, 2007. The Board of Adjustment Rules of Procedure were last updated by City Council on January 10, 1996.
STAFF ANALYSIS
Currently, a recommendation of approval of an application requires a vote of four members of the Planning and Zoning Commission. This proves problematic when all of the member of the Planning and Zoning Commission are not present. Accordingly, staff is recommending that a concurring vote of a simple majority of the Planning and Zoning Commission considering the application be required for a recommendation of approval.
The City of Goodyear is required by State Statute to have a Board of Adjustment (BOA). The role of the BOA is to hear and decide appeals of the decisions of the zoning administrator and hear and decided on requests for variances of the zoning ordinance. The Goodyear BOA is currently a separate body made up of five members who are residents of Goodyear and appointed by the City Council.
The Goodyear BOA is not an active committee. The last appeal case the board heard was in 2017. It is difficult to appoint and keep BOA members because of it does not provide participation opportunities. The frequent turnover in BOA membership strains staff resources because of the time it takes to solicit and appoint new members, to train members, and to hold annual meetings.
Staff recommends appointing the members of the Planning and Zoning Commission as the BOA. The members of the Planning and Zoning Commission will essentially fill two committee appointments. This will allow the city to ensure we have an appointed BOA. This change requires changes to the provisions in the Zoning Ordinance related to the creation, composition of the BOA as well as the powers and responsibilities and processes of the BOA.
Under the Zoning Ordinance, the BOA is responsible for adopting rules of procedure not inconsistent with the Zoning Ordinance. There is no requirement for council approval of the BOA’s rules of approval. Pursuant to this requirement, staff will be updating the Rules of Procedure for the BOA, which have not been updated since 1996, and will be taking them to the BOA for approval.
Staff is recommending the text amendment to the Goodyear Zoning Ordinance as set forth in the draft of Ordinance 2022-1551.
Public Participation:
The Planning and Zoning Commission considered this item at a public hearing held on August 17, 2022. Staff provided an overview of the text amendment to the Commission. Upon close of the public hearing, the Commission unanimously voted (7-0) to forward a recommendation of approval to the City Council. No one from the public spoke on this item. There was no opposition to the item voiced at the public hearing.
The City of Goodyear is required by State Statute to have a Board of Adjustment (BOA). The role of the BOA is to hear and decide appeals of the decisions of the zoning administrator and hear and decided on requests for variances of the zoning ordinance. The Goodyear BOA is currently a separate body made up of five members who are residents of Goodyear and appointed by the City Council.
The Goodyear BOA is not an active committee. The last appeal case the board heard was in 2017. It is difficult to appoint and keep BOA members because of it does not provide participation opportunities. The frequent turnover in BOA membership strains staff resources because of the time it takes to solicit and appoint new members, to train members, and to hold annual meetings.
Staff recommends appointing the members of the Planning and Zoning Commission as the BOA. The members of the Planning and Zoning Commission will essentially fill two committee appointments. This will allow the city to ensure we have an appointed BOA. This change requires changes to the provisions in the Zoning Ordinance related to the creation, composition of the BOA as well as the powers and responsibilities and processes of the BOA.
Under the Zoning Ordinance, the BOA is responsible for adopting rules of procedure not inconsistent with the Zoning Ordinance. There is no requirement for council approval of the BOA’s rules of approval. Pursuant to this requirement, staff will be updating the Rules of Procedure for the BOA, which have not been updated since 1996, and will be taking them to the BOA for approval.
Staff is recommending the text amendment to the Goodyear Zoning Ordinance as set forth in the draft of Ordinance 2022-1551.
Public Participation:
The Planning and Zoning Commission considered this item at a public hearing held on August 17, 2022. Staff provided an overview of the text amendment to the Commission. Upon close of the public hearing, the Commission unanimously voted (7-0) to forward a recommendation of approval to the City Council. No one from the public spoke on this item. There was no opposition to the item voiced at the public hearing.