Town working through challenges presented by HB 2447
Oro Valley Planning and Zoning staff is working to implement HB 2447. As previously reported, that bill requires that most non-discretionary development and design review applications—those that already meet Town code—be approved administratively rather than through public hearings before the Planning and Zoning Commission or Town Council. Staff and the Town face a number of challenges in implementing the provisions of the bill. They discussed these challenges with the Council during an October 1 study session.January 1 date for compliance
The most immediate challenge is time. HB 2447 takes effect on January 1, 2026, leaving Oro Valley only a few months to bring its zoning code into compliance. Planning Manager Michael Spaeth told the Council that “this has a deadline of December 31 of this year, so it goes into effect January 1.”
Need to create precise, objective design standards
Spaeth said the Town must rewrite its design standards so that they are specific enough to support administrative approvals without the benefit of public hearings. “With those being administrative reviews now, it kind of ups the game in terms of wanting to make sure those design standards are more precise and really reflect what the Town is after at the end of the day,” he told the Council. The Town intends to create these design standards early next year as part of a Strategic Plan initiative.
Staff must also sort out how appeals of administrative decisions will be handled. HB 2447 requires an appeal process, but existing code routes some appeals to the Town Council and others to the Board of Adjustment. Spaeth explained that “literally any decision the Planning and Zoning Administrator makes is an administrative decision under the eyes of code and state law,” and recommended consolidating all such appeals under the Board of Adjustment to avoid confusion and ensure consistency. Councilmember Robb questioned which types of appeals would shift away from Council, saying members should understand “what we’re giving up control of.” Spaeth replied that public art and certain architectural applications currently appealed to Council would now fall under the Board’s authority.
Need to examine the purpose of the town's "Economic Expansion Zone"
Another issue is what to do with the Town’s Economic Expansion Zone (EEZ). The EEZ covers parts of Innovation Park and other designated parcels that were created years ago to encourage business development by allowing faster, staff-level approval of qualifying projects without requiring Council review. Spaeth said that with HB 2447 in place, “that kind of makes a lot of Economic Expansion Zone moot… because now all entitled applications are eligible for administrative review.” Some EEZ features, such as allowing pre-grading to encourage investment, may remain, but most of the zone’s original purpose will disappear.
Must create procedures for expedited and “at-risk” reviews
The new law also requires towns to allow expedited processing and “at-risk” submittals. Spaeth explained that this means applicants can file grading and drainage plans earlier “with the aim of trying to expedite that review process” and that “all applications have to be afforded that opportunity” to request an expedited review and pay the related fee. Developing procedures and fee schedules for these options will take additional staff work.
Town tradition requires maintaining transparency and public confidence
Although HB 2447 eliminates the requirement for public hearings on projects that meet Town code, both staff and Council recognize that residents and Council members will still want visibility into those developments. Once the law takes effect, most site-plan and design approvals will occur outside public hearings, so the Town must find ways to keep the process transparent—such as posting applications or summaries online—and rely on clear, objective standards and accessible appeal procedures. The goal will be to preserve public trust even as the formal avenues for public and Council input are reduced.
Residents will have the opportunity to opine
Town staff will present the proposed zoning code amendments to the Planning and Zoning Commission in November and then to the Town Council in December for formal consideration. If approved, the changes will take effect before the January 1, 2026 deadline set by state law. As Oro Valley transitions to this new system, residents can expect staff to focus on refining design standards, clarifying the appeals process, and ensuring that development reviews—though now administrative—remain transparent and consistent with the Town’s character.
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Read our previous reports on HB 2447 to learn more,
