April 5, 2011

Chairman Swope called the meeting to order at 6:00 p.m. 


Robert Swope, Chairman
Don Cox, Vice Chair
Alan Caine, Commissioner
John Buette, Commissioner
Robert La Master, Commissioner
Robin Large, Commissioner
Mark Napier, Commissioner

ALSO PRESENT:  Vice Mayor Mary Snider
                       Councilmember Joe Hornat


Chairman Swope led the audience in the Pledge of Allegiance.

CALL TO THE AUDIENCE (Non Agenda Items Only)

No comments were received.  Vice Chair Cox commented that a speaker would be arriving.  Chairman Swope stated he would revisit the agenda item.   


Councilmember Hornat announced that the sign ordinance went through with minor changes, and Town Council is currently working on the budget.


Review and/or approval of the March 1, 2011, P&Z Commission meeting minutes.

March 1, 2011 Draft Minutes

MOTION: A motion was made by Commissioner La Master and seconded by Commissioner Buette to approve the March 1, 2011, P&Z Commission meeting minutes.

MOTION carried, 7-0.

Public Hearing: Request for a Type II Home Occupation permit to teach music lessons for up to six (6) students.  Subject property: 12356 N. Echo Valley Drive, Oro Valley, AZ 85755, OV411-004.  For questions and additional information, please contact Karen Berchtold, Senior Planner, at (520) 229-4814 or kberchtold@orovalleyaz.gov.

Staff Report


Judy McDonald, applicant, said she has been teaching piano lessons to individuals for one year, and requests a Type II Home Occupation for group lessons.  Ms. McDonald also requested to amend the days and times noted on her application to:  Tuesday, Wednesday and Thursday, from 10:00 a.m. to 8:00 p.m., and include Saturday, from 10:00 a.m. to 4:00 p.m.

Commissioner Buette asked if Ms. McDonald was in agreement with all the conditions listed in Exhibit A.  Ms. McDonald responded in the affirmative. 

Karen Berchtold, OV Senior Planner, presented the following:
- Location Map
- Request
    *Conduct group piano lessons for up to six students
    *Type II Home Occupation
    * Meets Home Occupation Standards
- Noise and Parking
- Staff recommends approval

Chairman Swope said page 2 of the Staff Report was contradictory regarding the Town Code quote of "additional parking shall be provided on-site" and staff’s comment of "the applicant intends to utilize on-street parking for additional parking spaces."  Ms. Berchtold said the Town Code does not require parking for this use; therefore it was not required to provide it on the site.  David Williams, Planning Division Manager, said not knowing what the demand is, staff was not inclined to require additional off-street parking, coupled with the homeowner’s association (HOA) approval or acknowledgement for on-street parking.  Chairman Swope asked if the applicant had received HOA approval. 

Ms. McDonald read a letter from the HOA which stated that home based businesses are permitted as long as they do not affect neighboring properties or common area.  As long as she remains compliant with the governing document, there is no need to grant an approval.

Ms. Berchtold proposed an additional condition, that parking shall be accommodated in the driveway before utilizing off-street parking.  Vice Chair Cox requested that Ms. McDonald advise her students not to park across the street so that emergency vehicles could easily access Echo Valley Drive.  Ms. McDonald said she would include it in her policies and review it with each student.

Public Hearing opened and closed at 6:24 p.m. There were no comments.

MOTION: A motion was made by Commissioner Caine and seconded by Commissioner La Master to approve OV411-001, request for a Type II Home Occupation Permit to teach music lessons for up to six students at 12356 N. Echo Valley Drive, with the conditions specified in Exhibit A; plus the additional condition of utilizing the parking in the driveway and to extend the hours on Tuesday, Wednesday and Thursday, from 10:00 a.m. to 8:00 p.m., and include Saturday, from 10:00 a.m. to 4:00 p.m.  

MOTION carried, 7-0.
Chairman Swope re-opened the Call to the Audience at 6:26 p.m.

Larry Russell, non-resident and Manager of Fry’s Food Store, located at Lambert Lane/La Cañada Dr., said there are problems with merchandising due to the size of the store.  He has been using the front patio to store pottery, plants and seasonal items.  Mr. Russell said they have received complaints from the Town, stating that only pottery and plants are allowed.  Mr. Russell requested amending the code to allow outside patio furniture.

Vice Chair Cox requested that this be brought forward as a future agenda item as soon as possible and to hold off on any enforcement until that time.

Chairman Swope closed the Call to the Audience at 6:31 p.m.


Planning and Zoning Commission Minutes:  Discussion and direction on the level of detail in meeting minutes.

Staff Report

Discussion ensued amongst the commissioner’s as to their preference in detailed minutes, staff workload concern, being an advisory body to Council, and the Granicus system.

Julie Bower, OV Town Clerk, said Town Council Parliamentary Rules require a synopsis and keeping detailed minutes to a minimum.  Ms. Bower mentioned that when items are brought before Council, staff brings the public hearing comments and the Commission’s recommendations.  

Commissioner Buette asked if they could ask the two Council members present for their thoughts.  Vice Mayor Snider said she enjoys hearing the exchange and during the sign code deliberations, it was very helpful to have them detailed.  Councilmember Hornat said it is an individual preference and suggested that the Commission try shortening the minutes and see how it works out.

Chairman Swope asked if staff had enough direction for an abbreviated version of minutes for the next meeting.  Mr. Williams responded yes.


Public Hearing: Planning and Zoning Administrator Interpretation Publishing. Zoning Code amendment requiring interpretations issued by the Planning and Zoning Administrator to be published on the Towns website.  This amendment revises Section 21.4. and Section 21.6. of the Oro Valley Zoning Code Revised, OV711-002.  For questions and additional information, please contact Chad Daines, Principal Planner, at (520) 229-4896 or cdaines@orovalleyaz.gov.

Staff Report

Mr. Williams presented the following:
- Background 
- Current process
- Proposed Process
- Amendment Benefits
- Staff recommends approval

Vice Chair Cox requested the words "with required fees" be added to Paragraph G, Appeals from Planning and Zoning Administrator Interpretations in Exhibit A.

Commissioner Caine said it would be useful to the Commission for staff to have a cross-reference or link to the interpretations of the code on the Town’s website.  Mr. Williams said linking the interpretations to our code online was an excellent suggestion and would carry the message to Council on their report.

Chairman Swope opened and closed the Public Hearing at 6:55 p.m.  There were no speakers. 

MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner La Master to approve amendment to Section 21.4.b.9 and 21.6, pertaining to interpretations of the Oro Valley Zoning Code Revised, OV711-002, as shown in Exhibit A, with the additional wording of "with required fee" in paragraph G.

MOTION carried, 7-0.

Conceptual Design Review Board:  Staff will provide a comprehensive overview of the new Design Review process including establishment of the new Conceptual Design Review Board.  The draft Conceptual Design Review Criteria and Zoning Code and Town Code amendments will be discussed.

Staff Report

Attachment 1

Attachment 2 - 4

Attachment 5

Attachment 6

Mr. Williams outlined the following:
- Background - New Conceptual Design Review Board/Design Review Process
- Implementation Components
- New CDRB Composition
- New Design Review Process
- Conceptual Design Review Roles
- Final Design Review Roles
- Zoning and Town Code Amendments
- Development Review Process Updated Authorities
- Table of Authorities Architecture
- Table of Authorities Signs
- Table of Authorities Building Height
- Table of Authorities Setbacks, Bufferyard, Landscaping
- Design Principles
- Design Standards
- Design Review Process
- Timeline - Zoning & Town Code & Design Principles
- Next Steps

Commissioner’s raised the following concerns:
- Quantitative number on time savings and process time goal 
- Examples of Conceptual and Final Design stages
- Process if a significant change is made to the design
- Why the need for 2 non-voting members
- What stage is the rezoning process

Mr. Williams addressed their concerns as follows:
- More detailed information to be provided at the P&Z Commission Special Session on April 19, 2011  
- Major change in design goes back to the board; minor change decided by staff 
- Non-voting members to improve the operation of board and provide continuity
- All changes to the Zoning Code have to go before the P&Z Commission
- Conceptual Design stage begins when you complete rezonings

Mr. Michels said staff is looking on how to implement the code that best implements this new process.

Paul Keesler, OV Permitting Division Manager, said the Commission will see new rezonings coming forward looking much more conceptual and will focus on the community impact of changing a use, not the building.  Mr. Keesler said the Tentative Development Plans will be community fit review going to the CDRB.  The overriding reason for this change is to make projects real for both the community and the developer.

Commissioner Large asked if the Commission’s review is going to be the Conceptual Design Review criteria.  Mr. Williams said yes, the Council work group finalized these criteria or principles.


Planning Division Manager Update

Mr. Williams updated the commission as follows:
- Matt Michels, OV Senior Planner is the lead planner for P&ZC
- Brief overview of the Community Academy 
- Upcoming neighborhood meetings
- Upcoming Town Council cases
- Development community meetings - interests and locations of multi-family apartments/condominiums
- Sign Code approved 3/16/11, effective 4/16/11
- Environmental Sensitive Lands (ESL) implementation
- David Laws, Senior Civil Engineer, staff liaison for P&ZC 
- P&ZC Special Session on April 19, 2011 


Future Agenda Items

The following items were mentioned:
- Bighorn Commerce Center
- Oro Valley Town Center 
- Rules & Operating Procedures for the May 3, 2011 agenda 
- Regulations for outdoor storage
- Revisit RS & R6 Zonings


MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner La Master to adjourn the Planning & Zoning Commission meeting at 7:53 p.m.

MOTION carried, 7-0.