Debate over public notice requirements reaches impasse in Paradise Valley

At question: signage sizes and requirement radius

By Melissa Rosequist
Twitter: @mrosequist_

There may be some good news afoot for residents concerned about the degree of communication for new town projects in Paradise Valley, as elected officials are looking at some minor changes that could be helpful when new development comes online.

The town’s elected officials looked at a handful of small changes --- with a main one being to increase the size of signs posted to a project site so neighbors and residents can take notice that something is in-the-works there.

On May 28, Paradise Valley Town Council had a 45-minute discussion on planning process, applicant interaction and public outreach --- the topic stems from a January planning retreat where the elected leaders discussed at length areas that needed additional attention.

When a project is being planned for a local neighborhood, there are several steps required to notify neighbors such as mailing notifications or a sign on the site.

Occasionally, residents will speak up during Town Council meetings to voice they weren’t aware of a project happening in their neighborhood.

The Planning Commission discussed this topic this spring, and forwarded a handful of recommendations including:

• Lowering the mailing radius for properties outside the town limits;
• Having a smaller mailing radius for most administrative applications approved by the public body, such as 1,000-feet for conditional use permits and minor special use permits; while having a mailing radius of 500-feet for residential plat and modifications.

The Planning Commission also recommended requiring a larger 16-square-foot sign for major and intermediate special use permit applications; and encouraging the council to examine signage earlier in the application process.

The Town Council ultimately did not agree the mailing radius should be changed based on the type of project.

Mayor Jerry Bien-Willner said doing so would make it difficult for elected officials to answer the question: “Why wasn’t I notified about this?” from residents.

Other councilmembers pointed to the mailing radius being changed in 2017.

Vice Mayor Julie Pace called the suggested change developer-driven.

“I know three years ago we changed it to 1,500 feet because of resident concern and of not getting noticing. I’m curious as to why we’re changing it or proposing to change it three years later?” Councilwoman Ellen Andeen asked.
Town Planner George Burton says the idea was born out of a discussion looking at how large the mailings get for applicants.

Mr. Burton says the topic of doing better noticing has been a conversation for decades --- pointing to a historic view point dating back to 2003.

“In looking at, if you will, lowering that noticing range down a lot of those as mentioned are administrative that we’re looking to lower that 1,500 feet down,” he said. “And 1,000 feet is still much larger than any adjoining community, it’s not required by state law, and it’s still something we were doing for the last 12, 13 years.”

Scottsdale’s mailing notice radius is 750-feet, while Phoenix’s is 300-feet.

The council also agreed to have another discussion at a later date to talk about including citizens in the Statement of Direction process; and hosting citizen-review sessions 28-days prior to Planning Commission public hearings.

Currently, the citizen review is only required to be 10 days before the public hearing.

“That gives the Planning Commission an opportunity to hear, in a study session, any public comments that came out of that citizen review meeting prior to scheduling the hearing,” Community Development Director Jeremy Knapp explained.

The Statement of Direction is one of the initial steps in some town projects, where the Town Council provides marching orders for the Planning Commission when evaluating plans.

The council did not render any votes on changes on May 28.

Site-sign improvements

The Planning Commission discussed the topic at two study sessions meetings, and voted at a third meeting in April. Their focus was on the mailing notice radius and sign posting. The posting change would take a site sign from 3-feet tall to 6-feet tall, Mr. Burton said, for building permits. A larger sign was proposed for major or intermediate special-use permit applications.

Many of the Town Council members were agreeable to improved site signage, pointing to larger size and earlier posting.

Councilman Scott Moore said he agrees with a lot of what the Planning Commission was looking at, specifically notification.

“I think it would be important to get out there ahead of time and post on property, I think we do a pretty good job with mailings and how that’s all set up,” Mr. Moore said. “But if we can get out on site and post signage, I think that’s where it will give people much more notification ahead of time that something’s at least happening.”

Mr. Moore says once people start to see the site sign, they can begin to follow the project through the municipal process.

He also agreed the current sign size --- which he says are made of paper, small, and don’t last very long.

“They actually can create a safety issue with people that are trying to drive by and read them. Especially when you get on a minor arterial or collector and you’re trying to read it --- you actually have to stop in traffic to see it,” Mr. Moore said. “I would be looking for something that was a little more visual. I do agree it should be based on what is the notification for, if it’s a re-zone or if it’s just something to do with a hillside amendment or Board of Adjustment. I think all of these are important issues that they need to be notified and be able to read it, and see it.”

Councilwoman Anne Thomasson says she paid close attention to this topic, attending all three Planning Commission meetings.

She said she thinks putting up a sign at the time of a completed application makes sense.

“And, that moves forward some of the notification that I think residents would like to see and would really appreciate,” Ms. Thomasson said.

Ensuring notice is received

Vice Mayor Julie Pace was a third councilmember who didn’t agree with changing the mailing radius.

“Four or five years ago we worked really hard and had hundreds of residents come before this Town Council with the previous council, to advocate for more notice,” Ms. Pace said. “The notice was too limited in radius and too infrequent and not early enough. We were the ones in that era that worked hard to get the notice requirement to 1,500 across the board --- not 1,000, not 500 --- meant to be consistent to avoid bureaucratic issues and misunderstandings of what notice do you give to which time period.”

Ms. Pace said due to the low density of Paradise Valley is why the radius needs to be larger. She said she can’t support or understand why the mailing radius would be lowered now.

Councilman Mark Stanton also supported keeping consistency across the board.

Mr. Bien-Willner said he’s concerned that by having different standards for different types of projects will be problematic.

“I’m not really sure what the benefit is, other than some very marginal cost savings,” Mr. Bien-Willner said of changing the mailing radius.

“I know we always as a council appreciate notice of what’s going on, so I don’t mind that we provide more notice. Typically my experience has been that if people get notice that they don’t want, they throw it away or they ignore it. But if people don’t receive notice of something that impacts their neighborhood, and find out about it late, or after the fact, then there’s generally a lot of concern and I think that’s what we were trying to address initially.”