Third Quarter Pima County Planning and Zoning Boards Update

This is a now-quarterly report of action taken at the meetings of the Pima County Board of Adjustment, Hearing Administrator, Design Review Committee, and Planning and Zoning Commission. This report also includes important Pima County Board of Supervisors actions relating to land use and zoning. This previous post explains the functions of each county board.

• Board of Adjustment
  The District One Board of Adjustment and the District Three Board of Adjustment heard variance requests to allow permanent occupancy in guest houses. The District Four Board of Adjustment heard two cases to reduce the minimum lot size required in the SR zone, which is somewhat unusual.  District Five still has not posted anything online since March. 
• Hearing Administrator
  The Hearing Administrator approved an interesting request for an 18-foot communication tower to relay internet service in a rural area. The Hearing Administrator recommended denial of an application for a Type II conditional use permit for the planned Bike Ranch near Old Spanish Trail and Escalante. 
• Design Review Committee (DRC)
  Nothing of note (at least that has been posted online) has occurred at the DRC.
• Planning and Zoning Commission
  On July 30, 2014, the P&Z Commission voted to recommend an amendment to the Major Streets and Scenic Routes Plan that lays the groundwork for an eventual limited-access highway connecting I-10 and I-19 from E. Old Vail Connection Road to E. Pima Mine Road. The amendment, if the Pima County Board of Supervisors adopts it, could be construed as a regulatory taking because it expands the future right-of-way width from 150 feet to 400 feet in some instances, restricting development options along valuable frontage property. 

The Pima County Board of Supervisors voted on September 16, 2014 to continue until the meeting on October 7, 2014, a vote on the recommended amendment to the Major Streets and Scenic Routes Plan.

Navigating the Bureaucracy: Pima County Zoning and Planning Boards

Bureaucracy is a fact of life when dealing with land use, zoning, and planning issues. Whether you would like to modify your family residence or plan a large subdivision, governmental entities will want to have input into that process. Most of the time, development and construction projects are permitted at the department level, through Pima County Development Services, without the need for public hearings. When public hearings are required, your project might appear in front of one of these boards:

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Pima County Board of Supervisors Districts

• Board of Adjustment: The Board of Adjustment hears requests for variances, which are requests for permission to not conform with the zoning code in some way, i.e., if a property owner wished to create an addition to her house that would not be possible without encroaching into the mandated setback. The Board of Adjustment also hears requests for interpretations of the zoning code or appeals from a determination by the Zoning Inspector. Finally, this board has the power to grant temporary use permits, allowing the use of property beyond its permitted use under the zoning code for a limited time. The Pima County Board of Adjustment has five districts, each corresponding to the district of a Pima County Supervisor. 

• Hearing Administrator: The Hearing Administrator conducts public hearings on applications for conditional use permits. Conditional use permits (or CUPs) allow uses of property that are typically harmonious with the surrounding development but require closer examination before the use is permitted.
• Design Review Committee: The Design Review Committee (DRC) reviews proposed developments to ensure they meet the design standards for particular zones, such as an overlay zone or a historic district. The DRC can grant exceptions in addition to its compliance review duties.
• Planning and Zoning Commission: The Planning and Zoning Commission directly advises the Pima County Board of Supervisors. Rezoning requests are heard before this commission prior to a vote by the full Board of Supervisors. 

These four public bodies wield tremendous power and influence, and their approval or disapproval can make or break a project. The decisions of these boards have also a big impact on the larger community, so I will begin to compile a "Monthly Pima County Planning and Zoning Boards Update." Check back in this space for details of interesting projects and proposals affecting real estate in Pima County.