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In order to ensure the orderly implementation of the Town’s adopted General Plan, the following procedures shall be observed:

A. Zoning Conformance Analysis

The Planning and Zoning Commission shall initiate a yearly analysis of zoning conformance with the adopted Oro Valley General Plan. The analysis may include all or part of the Town boundaries, as established by the Commission’s work plan (as adopted by Town Council). The Commission shall forward the Zoning Conformance Analysis to the Town Council no later than December 1st of each year. The analysis shall include the following components:

1. Parcel Inventory

An inventory of individual parcels with zoning not in conformance with the adopted General Plan.

2. Zoning Status

The current zoning status of the parcels not in conformance with the adopted General Plan. Zoning status will be accorded one of the following designations:

a. Conditional Zoning

Zoning which has been granted subject to conditions that have not yet been satisfied.

b. "Hard" Zoning

Zoning for which the property owner has satisfied all conditions of the Town.

c. Vested Zoning

Zoning that has been established by the issuance of a building permit and the property owner’s substantial expenditures in reliance on the building permit.

3. Problem Statement

For each parcel with zoning not in conformance with the adopted General Plan, a Problem Statement shall be prepared, by the designated Town Staff, stating the threats that the existing zoning poses to orderly development of the community. The problem statement shall address the following issues, as pertinent:

a. Environmental/Service System Issues

i. Environmental impacts (noise, air quality, riparian impacts, sensitive landforms, adverse soils) - Town Engineer and Planning and Zoning Administrator

ii. Impacts to groundwater supplies - Town Engineer

iii. Effects on surface water - Town Engineer

iv. Traffic impacts relative to existing roadway systems - Town Engineer

v. Adequacy of wastewater facilities - Town Engineer and Pima County Wastewater

vi. Impacts public safety/police and fire protection - Police Chief

vii. Adequacy of potable water - Town Engineer

b. Design Issues

i. Compatibility with adjacent uses

ii. Building height and viewshed considerations

iii. Density and lot coverage issues

iv. Parking and lighting concerns

B. Conflict Priority List

Along with the yearly Zoning Conformance Analysis, the Planning and Zoning Commission shall forward a prioritized list of specific parcels, having zoning not in conformance with the adopted General Plan, that pose the most significant threats to the orderly development of the Town. The most significant threats will be those judged to present significant environmental and service system issues, as outlined in subsection T.1.c.i. The prioritized list of conflicts shall form the basis for an Action Plan.

C. Action Plan

The Action Plan shall include recommendations to the Town Council to resolve zoning conflicts with the General Plan. The Action Plan shall specify one or more possible recommended actions from the following list:

1. Additional Performance Standards

For conflicts consisting primarily of design issues (subsection T.1.c.ii.) on parcels with hard zoning or vested zoning, the Planning and Zoning Commission may recommend enhanced performance standards for the appropriate district or to the individual rezoning application.

Additional performance standards may include, but are not limited to, setback requirements, height limitations, buffer requirements, cluster incentives, or any other standard with a direct relationship to the design issues at hand.

2. Transfer of Development Rights

For conflicts based on significant environmental and service system issues, the Planning and Zoning Commission may recommend, and the Town Council may adopt provisions enabling the transfer of development rights to a parcel or parcels that have demonstrated service capacity and appropriate natural characteristics with agreement of the property owner(s).

3. Change in Zoning Designation

In the case of parcels with conditional zoning, or parcels that pose an extreme danger to public health and/or safety due to environmental or service system issues, the Planning and Zoning Commission may initiate, and the Town Council may approve, a change in zoning designation to a category compatible with the General Plan Land Use Element.

Any recommendation by the Planning and Zoning Commission for a change in the zoning designation of a parcel must be accompanied by the following documentation:

a. Legal Analysis

A legal analysis, prepared by the Town’s attorney, analyzing the defensibility of the Problem Statement prepared for the parcel and verifying the zoning status of the property.

b. Supporting Documentation

The designated Town Staff is responsible to provide the supporting documentation, as specified by the Problem Statement.

4. Town Acquisition of Property

In the case of parcels with conditional zoning, or hard zoned and vested parcels that pose an extreme danger to public health and/or safety due to environmental or service system issues, but in which the Town of Oro Valley has limited ability to effect a zoning change, the Planning and Zoning Commission may recommend, and the Town Council may approve, the purchase of the property.

Any recommendation by the Planning and Zoning Commission for the purchase of a property must be accompanied by the following documentation:

a. Legal Analysis

A legal analysis, prepared by the Town’s attorney, analyzing the defensibility of the Problem Statement prepared for the parcel and verifying the zoning status of the property.

b. Supporting Documentation

The designated Town Staff is responsible to provide the supporting documentation, as specified by the Problem Statement.