The Zoning Process: Navigating Change and the Call for Reform

ASU SGSUP | Nov. 6th

Lucas Lindsey

"Every process is perfectly designed to get the results it gets."

- W. Edwards Deming

Arizona's Maricopa County shatters record for heat deaths

- NBC News, October 27, 2023

Phoenix-Mesa’s concentrated poverty rate highest in all of AZ

- The Center Square, February 1, 2021

Why experts say Arizona housing crisis is a ‘growing cancer’

- AZ Big Media, February 21, 2023

Today's Agenda

1. Zoning Status Quo

2. Role of the Public
3. Zoning in the Future?

1 Zoning Status Quo

What is zoning?

The principal tool with which a community implements its General Plan
Adopted by an affirming vote of a local legislative body, such as a City Council
Set of laws codified in a publicly accessible ordinance

An important distinction: Legislative vs. Quasi-Judicial zoning actions

Legislative vs. Quasi-Judicial

Legislative acts formulate new policy for future application to broad areas (generally speaking)
Less required due process
Ex-parte comms allowed

Quasi-judicial acts interpret and apply existing policy for current application to specific areas (generally speaking)
More required due process
Ex-parte comms restricted

1. The Zoning Ordinance is a living document (aka 'zoning is both a noun and a verb).

2. The only constant is change.

Two Things to Keep in Mind

On December 27, 2008, the Phoenix Metro changed.

But on September 3, 2008, something else changed, too.

ReInvent Phoenix: The Next Step in the Process

WU Code: TOD's Successor

We'll return to this later...

Two (non-exhaustive) ways for zoning to adapt to change:

Rezoning
Variances

Rezoning

Site-specific map amendment, generally legislative
Must demonstrate alignment with the General Plan
Impetus can range from restorative to speculative

Link to example case

A Restorative Example: The Orchard

7100 N. 12th St. Phoenix, AZ

Rezoned From R1-6 Residential to C1 Commercial

The Orchard in 1949--An Actual Citrus Orchard!

The Orchard in 1959--Suburbia Encroaches

The Orchard in 1999--Suburbia Envelopes

The Orchard in 2011--Non-Conforming Use and Remnant of History

The Orchard in Today--A Neighborhood Market, Restaurant, and Event Venue w/ Commercial Zoning

A Speculative Example: Estrella Vista Commerce Park

Link to staff report | Link to GP Amendment

Variance

Administrative act to relieve a hardship caused by strict application of the ordinance, generally quasi-judicial
Must prove case by addressing key criteria

Meet Edward M. Bassett, "Father of American Zoning."

"No words can be used in the ordinance that will provide for the multitudinous contingencies of new buildings.”

Variances in PHX

Over 2,000 cases from 2015 to 2019.
77% of variance cases ended in some form of approval.
Cases show geographic and topical concentration

Arrive Phoenix

400 W. Camelback Rd. Phx, AZ - Uptown Phoenix & Medlock Place

Completed Fall 2020 | 79 Key Boutique Hotel with Don Woods, Lylo, Pop Stand, Cartel Coffee, Shaded Pool, and Event Lawn

The Challenges of Adaptive Reuse

(14) City Variances
(1) County Variance - Pool
(4) City Use Permits
(1) ROW Abandonment
(1) Replat
(1) Re-Addressing
(1) Rezone Overlay - HP
(1) NPS Part I Eligibility Application
(1) NPS Part II Tax Credit Application - DENIED
(3) Self-Cert Blg Permits
(41) Misc. Permits

4Square

1402 E Highland Ave Phx, AZ - Canal North Neighborhood

SF on MF lot. Four homes have replaced one home.

A dynamic reality requires a dynamic zoning ordinance. But we must consider what zoning changes imply, ranging from appropriate reform to innappropriate deference.

2 Role of the Public

Will Novak

Citizen Planner

By Day:

Government Affairs Manager, Google Fiber

By Night:

Member, Deer Valley Village Planning Committee
Member, Congress for New Urbanism
Former President, Phoenix Historic Neighborhoods Coalition

Fun Facts:

ASU alum (Public Affairs)
Has worked for 2 Phx Mayors

Strong Mayor vs. Council-Manager

Under Strong Mayor, City Council is the legislative branch and Mayor is the Executive branch, overseeing city departments and with ability to veto council.

Under Council-Manager, Mayor is a voting member of City Council and City Manager is the Executive overseeing city departments.

Phoenix: A City of Villages

15 Village Planning Committees (VPCs)
History of the Village Planning Model in Phoenix
Who Serves and How? Qualifications?
Rationale = Localized knowledge
Reality = ?

Planning vs. Politics?

Recent Rezone Case Example

Z-31-23-3 - Turf Paradise Rezone Before the Deer Valley VPC
Request From: S-1 SP (28.69 acres) and C-2 SP (0.23 acres)
Request To: CP/GCP (Commerce Park District, General
Commerce Park Option) (28.92 acres)
Discussion of VPC Hearing and Outcomes
Staff Report Link

VPCs and Zoning Reform

Hyper local representation has its pros and its cons
Over Summer 2023, 9 of the city's 15 Village Planning Committees voted against the parking reform as presented
Per AZ Central: "Committee members expressed concerns over traffic, safety and faulty logic that might make life harder for a low-income person."