Transparency, Design Standards, and Timing Dominate Discussion of State-Mandated Changes to Routine Development Approval

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.

Need to specify the appeal process
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,

State Mandated Changes To Development Project Approvals May Not Be A Big Deal for Oro Valley

House Bill 2447 shifts routine development project approvals from Council to staff
Oro Valley is preparing to change how it approves some development projects due to a new state law—House Bill 2447—which takes effect in 2026. Under the new law, development and design review applications that fully comply with all zoning and design standards must be approved administratively by staff, with no public hearing or Council vote. This is a significant shift from the current process, where routine projects like site plans, subdivisions, and building designs—even when code-compliant—often required public hearings and Council or Commission approval, giving residents an opportunity to comment before a decision was made.

Requests for exceptions or new uses still will require Council approval
Not all projects are affected. Any proposal that asks for a rezoning, general plan amendment, conditional use permit, or exception to the code will still go through the full public review process, including hearings and Council votes. Only these “discretionary” applications will continue to be reviewed in public meetings.

Click on panel to enlarge

Yes, there will be less opportunity for public comment on routine applications
HB 2447 means residents will have fewer opportunities to comment on routine development proposals. While neighborhood meetings will still be held for some projects, the step where residents could address the Commission or Council at a public hearing is being eliminated for non-discretionary, code-compliant cases. Appeals will only be allowed if someone can show that staff did not correctly apply the law—not simply because they disagree with the decision.

But will that really matter?

The most visible change for residents is that routine, code-compliant development projects—such as commercial buildings and subdivisions—will now move forward faster, as they no longer require public hearings or Council approval. If a project meets all the rules, staff must approve it. For some projects, the end result may not change, but the process does. 

Residents and Council members will still have the say when it comes to the important projects. These are projects that seek exceptions from the code or rezonings or general plan amendments or any other special approval. These projects will still undergo the traditional public review process.

Law tightens private school height increase request approvals

One major change is that any request for a height increase in the Private School zoning district will now require a conditional use permit. This means projects such as the new sanctuary at Oro Valley Church of the Nazarene will continue to receive the same level of public review and discussion about building height as they have in the past year.

And leaves room for "interpretation"in other areas

The law also has a bit of “wiggle room.” For example, under Arizona House Bill 2447, applicants with a history of compliance with building codes and regulations are eligible for expedited permit review. However, the law does not define what constitutes a “history of compliance,” so each municipality, including Oro Valley, must establish its own criteria for eligibility. This leaves plenty of room for interpretation.

Council direction: Move forward to develop code changes with commission and resident input

At their May 21 meeting, the Town Council unanimously directed staff to move forward with the changes required by HB 2447, emphasizing the need to maintain strong design standards and keep residents informed. Over the summer, staff will draft the new code amendments, which will be reviewed by the Planning and Zoning Commission and Town Council during public meetings this fall. Residents will have opportunities to comment before the updated code is finalized, with adoption required by December 31, 2025, to comply with state law.

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New State Zoning Edict Shifts Roles for Non-Discretionary Development Requests

Oro Valley moves ahead with development process changes required by HB 2447
At its September 10 meeting, the Oro Valley Planning and Zoning Commission discussed proposed zoning code amendments to comply with HB 2447—state legislation that changes how municipalities review certain development requests. The Commission unanimously approved initiating the zoning code amendment process. Staff will draft specific changes, including administrative review language, and a separate effort will define objective design standards for future projects.

HB 2447 shifts roles among commission, staff, and the public
Planning and zoning commission will see a reduced load
The Commission will lose some oversight authority. Non-discretionary items such as development plans, plats, architecture, and public art will move to administrative approval. Commissioners noted this could cut a substantial portion of their traditional workload. The Commission will continue to review discretionary cases—rezonings, general plan amendments, and conditional use permits—but will no longer weigh in on many design and architectural issues.

Staff will see a larger role
Town planning staff will be required to approve code-compliant submittals, shifting most development and design reviews from public hearings to administrative decisions. Staff will also manage new processes, including at-risk grading and expedited reviews.

Public input will narrow once an application meets code
Neighborhood meetings will remain, allowing residents to comment early in the process, but once an application meets code, staff must approve it. This reduces direct community influence over outcomes compared to today’s hearing-based process.

Town council’s role will be reduced
Discretionary cases—such as rezonings, general plan amendments, and conditional use permits—will still require Commission review and Council approval. For non-discretionary items (development plans, plats, architecture, design reviews), Council will not see them. Council’s influence will be primarily up-front when adopting code amendments and refining design standards. Once standards are set, Council will not be involved in individual project approvals unless a discretionary request is included.

Board of adjustment’s role will expand
Appeals of staff administrative decisions will go to the Board of Adjustment. This makes the Board the formal venue for contesting administrative approvals, increasing its oversight role while narrowing the timing and scope of public influence compared to current hearings.

"Objective Design Standards" key...yet to be developed...not an easy task
Staff explained that proposed amendments will require consistency with the zoning code and “objective design standards”—a key focus of the Commission’s discussion. The town will develop these standards in a separate process. The standards must be specific, measurable, and not subject to interpretation. Commissioners asked what qualifies as an objective standard, including whether aesthetic elements such as color or texture could be regulated. They noted that unclear standards could limit staff’s ability to enforce Oro Valley’s design expectations.

The town will develop these standards through a separate process that is expected to include significant community involvement.

Next steps
Staff will draft the zoning code amendments, including administrative review language. They will launch a separate process to develop objective design standards that will govern future projects.
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See our May 27 Article on HB2447

Bits and Pieces

Council reaffirms OVCN 36-foot height approval

At this past Wednesday’s Town Council meeting, the Council voted to affirm its earlier decision to approve a 36-foot height for the future sanctuary planned by the Oro Valley Church of the Nazarene. The reconsideration was brought forward by Councilmembers Robb and Nicholson. After public comment and discussion, the Council ultimately chose not to change course. A full LOVE article analyzing the discussion and vote will follow soon.

HB 2447 limits public hearings in cases where applications meet codified, measurable standards

At this same meeting, former Council Member Solomon, speaking against reconsideration, said that a “new state law just passed which places limits on local elected officials’ reviews and approvals of development plans.” We believe the bill to which he is referring is Arizona House Bill 2447.  The bill was signed by the Governor on March 31, 2025. The bill requires that cities and towns adopt procedures for administrative (staff-level) review and approval of development and design applications using objective, measurable standards. This means that if a proposal meets those predefined standards, it can be approved without requiring a public hearing or discretionary vote by a board or commission. While the bill doesn’t explicitly prohibit public hearings, it shifts more decision-making authority to staff, thereby reducing opportunities for public input in cases that are deemed compliant with objective criteria. (Article on April 21, 2025).

LOVE reporting on the 2026 fiscal budget starts soon

The Town’s fiscal year 2026 budget process is in full swing. We expect the Town Manager to issue his recommended budget later this month. The Town Council will then hold a budget study session on April 30 at 6 p.m. in Town Council Chambers, followed by another session on May 5 at 6 p.m. These meetings are especially informative, as each department manager presents their budget along with an explanation of why their requests are justified. As we’ve done for many years, LOVE will provide detailed analysis as the budget process unfolds.

Highlights from the April town manager report

Each month, the town manager issues a report to Council. This month the report notes that the town continues to move forward on key infrastructure and community projects. The Magee Road improvement project is underway with nighttime work scheduled through mid-May. The Oro Valley Town Court renovation is nearing completion, with a secure prisoner transfer area up next. Pedestrian safety upgrades are also beginning this month in the Marketplace area as part of a prior rezoning condition. The town also saw a sharp increase in traffic enforcement. Officers made 7,144 more traffic stops in 2024 compared to the same period in 2023. This was described in the report as a “significant increase” and part of a department-wide effort to reduce injuries and property damage from collisions.

Recreation fee increases in process…possible implementation in the fall

Parks and Recreation staff presented proposed fee increases for various facilities to the Parks and Recreation Advisory Board this past Tuesday. Most community center membership and facility rental fees—some unchanged since 2013—would rise under the plan. Resident and non-profit users would pay lower rates than non-residents and for-profits. Staff will hold a Zoom community meeting on July 9 to gather public feedback. No action can be taken until the Town Council approves the changes.

The Senate bill referenced during the reconsideration discussion was SB 1162. It was mentioned by Councilmember Nicholson as one of the reasons for bringing the item back for discussion. Nicholson explained that the bill could have implications for how height-related zoning decisions are reviewed or challenged in the future.

Parks and Recreation receives two grants

According to Town Manager Wilkins in his report to the council Wednesday the town's Parks and Recreation staff secured a $30,000 grant to assess the Proctor-Lieber House at Steam Pump Ranch and another grant from Arizona Game and Fish to support a new shade structure for the archery area at Naranja Park. 

10th annual ‘Roundup at the Ranch’ adds 10K distance and afterparty May 17

"Lace up your shoes and get ready to round up some fun! The Town of Oro Valley invites community members of all ages to participate in the 10th Annual Roundup at the Ranch 5K/10K Run/Walk on Saturday evening, May 17, 2025." (Source: Town of Oro Valley Media Release)

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