MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
May 7, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CA√ĎADA DRIVE
 
CALL TO ORDER AT OR AFTER 6:00 P.M.

ROLL CALL

PRESENT:
Don Cox, Vice Chair
John Buette, Commissioner
Alan Caine, Commissioner
Bill Leedy, Commissioner
Bill Rodman, Commissioner
Tom Drzazgowski, Commissioner

EXCUSED: Robert Swope, Chair
 
PLEDGE OF ALLEGIANCE

CALL TO AUDIENCE - At this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda.  Pursuant to the Arizona Open Meeting Law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers.  However, the Commission may not discuss or take legal action on matters raised during "Call to Audience."  In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. 

Bill Adler Oro Valley Resident - Reviewed the definition of the term impartiality as applied to the process from the perspective of citizens, when coming before a Board

COUNCIL LIAISON COMMENTS

Update from Joe Hornat, Council Liaison. Council update.

1.

REVIEW AND/OR APPROVAL OF THE APRIL 2, 2013 REGULAR SESSION MEETING MINUTES


April 2, 2013 Regular Session Meeting Minutes

MOTION: A motion was made by Commissioner Rodman and seconded by Commissioner Leedy to Approve the Minutes from the April 2, 2013 Planning and Zoning Commission Regular Session meeting

MOTION carried, 6-0.
 
2.

PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PROPOSED U-HAUL BUSINESS IN THE PLACITA DE ORO SHOPPING CENTER LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND 1ST AVENUE OV812-004


Staff Report

Attachment 1 Conditions of Approval

Attachment 2 Applicant’s Written Request

Attachment 3 Image

Attachment 4 Image

Attachment 5 Image from W

Attachment 6 Images

Attachment 7 Image of 17’ truck

Attachment 8 NM Summary

Attachment 9 Petitions of Support

Staff Report was presented by Rosevelt Arellano, Planner.
Conditional Use Permit for Uhaul Business
-Area context
-Site Context
-Conditional use permit request details
-Proposed parking areas
-Zoning code requirements car rental facility
-Screening and bufferyards
-Zoning code requirements conditional use permit criteria
-Proposed parking areas
-Conditions if approved
-Neighborhood mtg/public input
-Summary

Member Caine referenced the email concerning the proposed use. David Williams and Joe Andrews provided a staff response.

Applicant Presentation John Peccoli, of Ace Hardware. Addressed concerns regarding parking of Uhaul vehicles, creating jobs, screening concerns (building a new wall or planting and maintaining vegetation), and addressed customer parking concerns. Mr. Peccoli does not support conditions of Approval Requests numbers 1 and 2, on Attachment 1.

Kirt Fiehler, Uhaul Southern Arizona Marketing Company President, addressed concerns with regard to the trucks being at the Ace store long term, and parking in customer area's.


Dawn Raymond - Oro Valley Resident - Was opposed to the proposed Uhaul services at Ace Hardware due to current loss of views and increased noise pollution.

Cedric Hopkins - Oro Valley Resident requested trees be installed and maintained to block views and allow for privacy.

Bill Adler - Oro Valley Resident - Expressed aesthetic concerns, and suggested signage to direct people where to park the vehicles.

Rachel Martin - Oro Valley Resident - Was opposed to the proposed Uhaul business due to the negative affect on her property.

Paul Baker - Oro Valley Resident - Was opposed due to the impact on homeowners, infrastructure, air quality and noise pollution.

John Musolf - Oro Valley Resident - disputed the explanation given by staff regarding the definition of "vehicle".

Carly Hopkins - Oro Valley Resident - questioned traffic flow and suggested the vegetation be maintained.

Uhaul representative spoke regarding the traffic impact, and the average vehicle use per day. About 3/4 of the truck rentals will be local and are typically out about 8 hours per day.

The Vice Chair Closed the Public Hearing.

Staff answered questions regarding the traffic flow and impact

MOTION: A motion was made by Commissioner Leedy and seconded by Commissioner Rodman to Approve the Request for Conditional Use Permit, OV812-004, provided conditions of approval 1 and 2, in Attachment 1, are modified as follows:
     1. Submission of a landscaping plan reasonably acceptable to the Town of Oro Valley which accomplishes the screening objective of the neighbors, with a requirement the landscaping be maintained as long as UHaul business continues.
     2. No parking allowed except in area "C", with exception to temporary associated with the after hours return of vehicles, those vehicles must be moved quickly as is reasonable by either Uhaul or Ace Hardware.

Commissioner Rodman requested a Friendly Amendment to Commissioner Leedy's Motion, requiring Ace Hardware and or UHaul provide maintenance to the landscaping in Condition 1 as long as the UHaul business continues.  Friendly amendment was accepted Bill Leedy, Commissioner. 

MOTION carried, 6-0.
 
3.

MARGARET POLITES OF ORO VALLEY, ARIZONA IS REQUESTING APPROVAL OF A TYPE II HOME OCCUPATION PERMIT TO ALLOW A MASSAGE THERAPY BUSINESS LOCATED AT 12214 N. ECHO VALLEY DRIVE, ORO VALLEY, ARIZONA OV413-005


Staff Report

Attachment 1

Applicant Submittal

Staff Report by Patty Hayes, Zoning Plans Examiner
- Home occupations
- Location Map
- Request details
- Zoning code
- Summary/conclusion


The applicant, Margaret Polites, Oro Valley Resident, presented her business plan as well as answered questions regarding the number of clients she would see per business day, parking for her clients, and the number of employees she would have on staff.

James Vadis, Oro Valley Resident, stated he was opposed to the in home business as there are alternative locations for massage therapy which would not be in residential neighborhoods.

Diane Mercer, Oro Valley Resident, stated she was opposed to having a home run business in her neighborhood due to the potential for increased traffic, parking concerns and who might oversee enforcement. Mrs. Mercer expressed concern regarding the potential impact on the property values.

MOTION: A motion was made by Commissioner Rodman and seconded by Commissioner Drzazgowski to Approve with the stipulations there be only one therapist on staff, the business owner herself.

MOTION carried, 6-0.
 
4.

DISCUSSION AND RECOMMENDATION ON THE FY 2013-2015 PLANNING WORK PLAN, WHICH ESTABLISHES PRIMARY WORK TASKS FOR THE PLANNING DIVISION OVER THIS TWO YEAR PERIOD


Staff Report

Attachment 1

Attachment 2

Chad Daines, Principal Planner, presented the Planning Work Plan

-Division Work Overview
- Why a Work Plan
- Purpose of Work Plan
- Work Plan format
- Project priorities
-Previous Work Plan
- Proposed Work Plan
- Projects on hold
- Summary


Bill Adler, Oro Valley Resident, reviewed issues that he raised in his email. Mr. Adler felt strongly regarding mixed use and suggested that the commission advocate this issue be brought back for reconsideration.

The Commission and David Williams also discussed Form Based Code, and its use as a tool for custom zoning and as an implementation tool for mixed use zoning in a jurisdiction.

PLANNING UPDATE (INFORMATIONAL ONLY)

Three Major General Plan Amendments have been filed; the Olson Property, Miller Ranch and Rancho Vistoso 11-J.  All applicants are requesting a medium density residential designation.
 
Mr. Williams reminded the Commissioners of the upcoming Spring Training session on May 16th.
 
The Public Participation Plan for the General Plan Update has been approved by Council. Staff will be working to ensure younger groups are included throughout the update process.  Mr. Williams provided an overview of the next steps of the process.

FUTURE AGENDA ITEMS

ADJOURNMENT

MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner Rodman to Approve

MOTION carried, 6-0.