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

Chairman Swope called the meeting to order at 6:02 PM

ROLL CALL

PRESENT:
None.

ABSENT: Robert Swope, Chairman
Don Cox, Vice Chairman

EXCUSED: Alan Caine, Commissioner
Bill Leedy, Commissioner
Tom Drzazgowski, Commissioner
 
ALSO PRESENT:  Lou Waters, Councilmember

PLEDGE OF ALLEGIANCE

Chairman Swope led the audience in the 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. 

There were no speaker requests.

COUNCIL LIAISON COMMENTS

No comments from the Council Liaison.

1.

REVIEW AND/OR APPROVAL OF THE JUNE 4, 2013 STUDY SESSION/REGULAR SESSION MEETING MINUTES AND THE JUNE 20, 2013 STUDY SESSION MEETING MINUTES


June 20, 2013 Draft Minutes

MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner Buette to Approve the June 4, 2013 Study Session/Regular Session and June 20, 2013 Study Session meeting minutes.

MOTION carried, 5-0.
 
2.

PUBLIC HEARING: MINOR GENERAL PLAN AMENDMENT TO CHANGE THE EXISTING LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL/OFFICE (NCO) TO MEDIUM DENSITY RESIDENTIAL (MDR, 2.1 TO 5.0 DU/AC) ON PARCEL T, RANCHO VISTOSO, NEIGHBORHOOD 10, LOCATED ON THE NORTHEAST CORNER OF LA CANADA DRIVE AND MOORE ROAD (OV1113-04)


Staff Report

Attachment 1 Location Map

Attachment 2 GP Land Use Map

Attachment 3 Zoning Map

Attachment 4 Application

Attachment 5 Neighborhood Meeting Summary

Supplemental Staff Report

Supplemental Attachment 1

Supplemental Attachment 2

Supplemental Attachment 3

Rosevelt Arellano, Planner, presented the following: 

- Request
- Map
- Vicinity Map
- General Plan Future Land Use Map
- Review Criteria
- General Plan Amendment Evaluation Criteria
- Distribution of Commercial Parcels North of Naranja Drive
- Factors for and Against
- Summary

Paul Oland,with WLB Group, representing the property owner, presented the following proposal: 

- General Plan Amendment Criteria
- Commercial Demand:  Expected vs. Historical/Actual vs. Projected
- This Proposal is Socio-Economically Better
- This Proposal is Compatible
- Map of Two-Story Homes in the Area
- Future Rezoning Request
- This Proposal is Reflective of Demand

Chairman Swope opened the Public Hearing

Bill Adler, Oro Valley Resident, stated that the market demand is not there for commercial.  Mr. Adler believes market demand is not the right formula; by the time these homes are built the market demand will change.  

Chairman Swope closed the Public Hearing

Paul Oland, with WLB Group, responded to Mr. Adler's comments on market demands, based upon past history.  Rancho Vistoso, which is 7,500 acres, has developed very close to the way it was originally planned.  Mr. Oland believes that Rancho Vistoso is a well planned community.

Commissioner Rodman asked if staff had a recommendation and if so he would like to hear it.

David Williams, Planning Manager, responded that there are compelling factors supporting this request and there are good reasons to not grant this request, staff is divided.  Rancho Vistoso has not developed as envisioned, lower density has reduced commercial demand for the area.  Rancho Vistoso was envisioned as a self-contained master planned community where people can live, work and shop without leaving Rancho Vistoso. 

MOTION: A motion was made by Commissioner Buette and seconded by Vice Chair Cox to Approve of the Parcel 10T Minor General Plan Amendment from Neighborhood Commercial/Office to Medium Density Residential (2.1 - 5 du/ac), based on the findings that the request complies with the Minor General Plan Amendment criteria and the Vision, goals and polices of the General Plan.

MOTION carried, 5-0.
 
3.

PUBLIC HEARING: A ZONING CODE TEXT AMENDMENT TO SECTION 22.2 AND SECTION 27.10 TO AMEND PROVISIONS RELATIVE TO THE APPLICABILITY OF  ENVIRONMENTALLY SENSITIVE LANDS, TO MAJOR AND MINOR GENERAL PLAN AMENDMENTS (OV 713-001)


Staff Report

Attachment 1 Zoning Code Amendment

Attachment 2 Stakeholder Comments

Attachment 3 ESL PLanning Map

Attachment 4 ESL Table 27.10-3 Resource Management Areas

Chad Daines, Principal Planner, presented the following:

- Applicability
- Request Summary
- Applicability Background
- ESL Primary Environmentally-Based Conservation Categories
- Resource Management Area (RMA) Planned Growth Tiers
- ESL Planning Map
- Proposed Amendment
- Stakeholders Review
- Summary
- Recommendation

Chairman Swope opened the public hearing

Jan Johnson, Non-Oro Valley resident, is very concerned because the land around Oro Valley is important and asked why the Pima County map can't be used.  Applicants will be duplicating the mapping that Pima County has already done for the Conservation Land System. 

Bill Adler, Oro Valley resident, stated that the code amendment is complicated, because we are limiting the term applicability to consider three central considerations that impact a land use change.  A rezoning can't proceed unless the proposed rezoning is consistent with the land use map.  In his opinion, all considerations should be applicable.  When changing a land use map, you should not be limited to only the three major considerations. 

Carolyn Campbell, Non-Resident, representing Coalition for Sonoran Desert Protection, supports the amendments to the ESL.  She requested two additions that are outlined in her letter dated July 24, 2013. 

David Godlewski, Oro Valley resident, representing the Southern Arizona Home Owner Association agrees with staff recommendation.  The policy is tailored for the Town and matches the initial intent of Mayor and Council from their March request.  Mr. Godlewski requested that the Town monitor the effect of ESL to specific development applications and make future adjustment if warranted. 

Chairman Swope closed the public hearing.

MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner Buette to Recomend Approval of the proposed amendments to the Zoning Code as provided on Attachments 1, based on the finding that the amendment is consistent with the intent and purpose of the ESL regulations and identifies environmental resources as an important consideration during the General Plan Amendment process.

MOTION carried, 5-0.
 
PLANNING UPDATE (INFORMATIONAL ONLY)

David Williams, Planning Manager, presented the following Planning Update:

- Planning Work Plan
- Neighborhood meeting on August 15th, for a proposed rezoning on Tangerine and First Ave
- General Plan Process, completed communication consultant contract with Gordley Associates
- No Council meetings until September 4th
- Special Planning and Zoning Committee meeting, October 15th
- Special Planning and Zoning Committee meeting, November 7th, due to elections
- Effective Citizen Planner Workshop
- Mercado Mandarina Rezoning tentatively scheduled for September 3rd Planning and Zoning Commission 

FUTURE AGENDA ITEMS

ADJOURNMENT

MOTION: A motion was made by Vice Chair Cox and seconded by Commissioner Drzazgowski to Adjourn the Planning and Zoning Commission meeting at 7:16 PM.

MOTION carried, 5-0.