Paradise Valley Town Council backs removal of temporary use permits
(Independent Newsmedia/Allison Kotzbauer)
George Burton, senior planner with the Community Development Department and Planning and Zoning Division speaks with town council members during their Sept. 10 Town Council study session in Paradise Valley.
(Independent Newsmedia/Allison Kotzbauer)
Paradise Valley town staff and council discuss temporary use permits during their Sept. 10 Town Council study session in Paradise Valley.
(Independent Newsmedia/Allison Kotzbauer)
Council Member Julie Pace speaks about temporary use permits during the council's Sept. 10 Town Council study session in Paradise Valley.
Paradise Valley town council members urged town staff to stop issuing temporary use permits, At their Sept. 10 Town Council study session.
George Burton, senior planner with the Community Development Department and Planning and Zoning Division, and Chad Weaver, Community Development director, presented the history and use of the permits.
The town added temporary use permits to its code in November 2005 to allow development and improvement.
According to Burton, on average since 2006 the town issues about two temporary use permits each year. More than one-third have been for resort and private development, while about two-thirds have supported utility and capital improvement projects.
TUPs allow temporary construction facilities, such as offices, storage and employee parking, as well as temporary sales offices for new projects.
The permit is then valid for two years or until the project receives its required final approval, whichever comes first. One six-month extension can be granted after the initial two-year period.
The Town Manager or designee can revoke a permit if its requirements or conditions are violated, but Burton said the town has never revoked one. Applicants have instead brought occasional violations into compliance.
Council Member Julie Pace said she has been hearing from residents this summer about a TUP issued to Southwest Gas on Tatum Boulevard this summer, and it is not the first time she has seen these permits cause issues for neighboring residents.
Pace said the noise, dust and damage to both landscape and roads that these companies are causing needs to be addressed in the code. She suggests if a company damages landscape or roads while completing construction or other improvement projects with their TUP, it should be held responsible to restore what they have damaged to its original state.
Council Member Scott Moore agreed TUPs need to be changed in a way that will give residents more say in what happens in their own neighborhoods.
“I almost think that this should be a public hearing process where the residents of the area know about it, they can get input, too,” he said. “This is a really intense use within a residential neighborhood and it catches them all off guard.”
Moore also added that granting two-year permits with a six-month extension option is far too long for construction in a residential area.
“I don't do this in my commercial business. I would never approve something in that length at all, not even close,” Moore said. “We're talking short weeks for something. Otherwise, they need to figure it out.”
Council Member Karen Liepmann agreed with Moore’s and Pace’s concerns and possible solutions.
“We have to protect our existing residents,” she said.
Council Member Ellen Andeen-Keller said she believes the town needs to inform residents of TUPs being issued near their properties and give them an option to voice their opinions.
“I wouldn't want to live right next door to something like that,” she said.
Council Member Anna Thomasson said she was disturbed that private businesses could profit at the expense of a neighborhood’s peaceful enjoyment in Paradise Valley.
“We are a single family residential community that has been fighting for between 60 and 70 years to have a quiet, dark sky, peaceful community with lovely views, and that's why people buy here,” she said. “The day of mini- construction yards in the middle of neighborhoods that are visually disturbing, audio disturbing, noise producing; I think those days need to come to an end.”
Vice Mayor Christine Labelle agreed there is not enough regulation for TUPs and said the length of time they are allowed does not put enough “pressure” on businesses to be efficient with their construction.
Moore suggested removing the TUPs from town code for now and then reevaluating it before potentially adding it back with shorter time limits, public hearings and stipulations for parking and damage.
Burton said he would follow the council’s recommendation but suggested not requiring public notice, saying it could put Planning and Zoning in the “bullseye” of complaints from angry neighbors.
“That’s going to put P and Z in a position where they never want to issue one of those permits,” he said.
Town Attorney Andrew McGuire said legally, removing the code is possible, but it would first have to go through the Planning and Zoning Commission. He said he did not anticipate problems with removing it.
Pace said she was concerned that removing the TUP process entirely could create problems for utility companies. She said utility companies have lobbyists who could push for state legislation, which could take away the town’s local control over the issue.
“We’ll have lobbyists with bills in two seconds in front of the Legislature,” she said.
Instead, she suggested town staff write the new code right away that would rid the town of TUPs in residential areas but allow a more limited version of them for resorts, schools, and churches within town. She suggested that by the next council meeting they could approve the new code all council members agreed on and not have a gap.
Labelle said the town needs to be cautious when dealing with large entities but should not be afraid to do what is right for the town.
“We should be considerate, but not be afraid of doing what we know is right,” she said.
Town staff asked the council how it wanted to proceed. All council members except Pace supported removing the TUP code from town code before a new code is drafted, and then adding in a new code with their discussed changes. Staff will take the issue to the next Planning and Zoning Commission meeting. The proposal will then return to the council with a new TUP code that incorporates the recommendations.
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Paradise Valley town council members,
George Burton,
senior planner with the Community Development Department and Planning and Zoning Division,
temporary use permits,
Chad Weaver,
Community Development director,
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