MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
October 15, 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 6:00 PM.

ROLL CALL

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

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.

PUBLIC HEARING:  A ZONING CODE TEXT AMENDMENT RELATED TO SPORTS RETREATS IN THE R1-144 ZONING DISTRICT, OV713-001 (CONTINUANCE REQUESTED TO DECEMBER 3, 2013)


Staff Report

Attachment 1 - 09/03/2013 PZ Staff Report

Attachment 2 - 09/03/2013 PZ Draft Minutes

Attachment 3 - Continuance Request from applicant’s attorney

Matt Michels, Senior Planner, presented a brief overview of the project, including the continuance request from the applicant.

Rosemary Gordon Panuco, Oro Valley Resident, stated she is opposed to the continuance.  Ms. Panuco voiced her concerns with the following:  trash along the fence, security concerns with the proposed property bringing in large groups of people which is not consistent with the peace and tranquility of Oro Valley.  Ms. Panuco asks the continuanace be denied.

Cathy Lucas, Oro Valley Resident, after listening to the audio portion of the September 3rd meeting, has some comments regarding misleading statements by Mr. Owen Gue.  Mr. Gue is not a resident of Oro Valley or the State of Arizona;  the website for the Cycling House uses a Montana address and phone number.  The Cycling House has business on the internet that appeals to a worldwide audience and she is not at all interested in seeing an international vacation destination on her residential street. 

Jim Lucas, Oro Valley Resident, stated that he wrote a letter on October 13th to the Commission addressing his concerns.  In June, Mr. Lucas called the zoning office to voice his concern about a commercial business being operated out of the subject's address.  Things progressed over a period of time pursuant to the September 3rd event when the Commission heard the supporting rational from the applicant and staff.  Mr. Lucas asked how a renters petition the Town; Mr. Gue is not the owner of the property or a resident of Oro Valley.  Why would the Commission consider allowing a business to operate in a R1 neighborhood?  Mr. Lucas strongly objects to the economic implication of a business being run at 9410 Calle Loma Linda.

Bill Adler, Oro Valley Resident, stated he is in favor of a continuance as long as the time is well spent between now and December. To expand the zoning code to accommodate the interest of a single resident is not his idea of how the zoning code is to operate.  Mr. Adler is in favor of using a portion of the code which is called the home occupation permit process, tier two which already references sports facilities.  The Commission needs to provide more specific direction to staff on how they should be spending their time between now and December. 

Trindy LeForge, Oro Valley Resident, stated the neighbors have worked very hard to maintain the tranqulity of the neighborhood.  It is currently zoned low density residential and she would like to keep it that way.  Over the last year the noise and traffic levels on the street and at the noted residence has increased, including loud parties. It has been her experience that folks on travel participae in activity unlike what they would do in their homes; they drink more alcohol, they engage in activities of mischief and she doesn't want that across the street from her house.  Ms. LeForge opposes the rezoning request. 

Dave Perry, Oro Valley Resident, stated that the applicant's attorney requested a continuance on the zoning code text amendment and thinks that this is proper and appropriate considering the comments from the residents.  He respects what the neighbors have to say and understands their concerns and those concerns need to addressed.  As a community, as a Planning Commission, and as staff, we need to take a look at and figure out if there is way to say yes.  The Commission should look and find a solution that would allow a use like this without imposing an unreasonable expense on Mr. Gue and the property owner.  The neighbors should be involved in this process.  What is the highest and best use for this most usual piece of property?

MOTION: A motion was made by Commissioner Rodman and seconded by Commissioner Drzazgowski to approve the request for a continuance to the December 3, 2013 Planning and Zoning Commission meeting.

MOTION carried, 7-0.
 
2.

PUBLIC HEARING:  REZONING OF A 26.7 ACRE PROPERTY KNOWN AS MERCADO MANDARINA FROM R1-144 TO C-N AND C-1 LOCATED ON THE NORTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BLVD, OV908-003


Attachment 1 - Conditions of Approval

Staff Report

Attachment 2 - Location Map

Attachment 3 - Site Analysis

Attachment 4 - Current Zoning Map

Attachment 5 - Proposed Zoning Map

Attachment 6 - General Plan Land Use Map

Attachment 7 - Neighborhood Meeting Summary Notes

Matt Michels, Senior Planner, presented the following:

- Site Location
- Location Map
- Parcel Detail
- Applicant Request
- Previous Approvals
- Existing Zoning
- Proposed Zoning
- Proposed Zoning Neighborhood Commercial (C-N)
- Proposed Zoning Commercial (C-1)
- Convenience Uses
- Neighborhood GPA Issues
- Tentative Site Plan
- Tangerine Road Corridor Overlay District (TRCOD)
- Environmentally Sensitive Lands
- Neighborhood Meeting/Public Input
- Conclusion/Recommendation

Paul Oland, from WLB and representing the applicant, presented the following:

- Tentative Site Plan
- Neighborhood Agreement
- Proposal Overview

Chairman Swope opened the public hearing.


Bill Adler, Oro Valley Resident, stated that he as always expressed concern regarding the casual senior living component which occupies more square footage than any other use.  Additionally, senior living is continued in the rezoning for this particular kind of use without really knowing what it is.  The staff report makes reference to the appropriateness of a senior living facility as a transition between residential and commercial.  With the research that Mr. Adler has done and continues to do, he does not find independent living facilities as a transition anywhere.  This is being addressed in a caviler fashion and yet these are delicate people who are living a very difficult circumstance.

Chairman Swope closed the public hearing.

MOTION: A motion was made by Vice Chairman Cox and seconded by Commissioner Buette to Recomend Approval of the Mercado Manderina Rezoning from Single-family Residential R1-144 to Neighborhood Commercial (C-N) and Commercial (C-1), based on the factors outlined above, and subject to the conditions in Attachment 1 and deleting number 8, based on a finding that the proposed rezoning is in conformance with the General Plan land use map and goals and policies, and that the Tentative Site Plan preserves critical environmental resources and provides a range of commercial services not currently available in the neighborhood.

Commission Leedy offered a friendly amendment to change office to retail in Attachment 1.  Friendly amendment was accepted by Vice Chairman Cox and Commissioner Buette.

Attachment 1 Conditions of Approval Mercado Manderina Rezoning

OV908-003

October 15, 2013, Planning & Zoning Commission

 

Planning:

           

1.         Provide a minimum 6-foot screen wall with additional vegetation, including trees, shrubs and understory plantings, along the northern property line adjacent to the proposed 14,000 office building RETAIL SQUARE FOOTAGE.

 

2.         A minimum fifty (50') foot natural open space buffer shall be provided along the northern property line adjacent to Limewood Rd.

 

3.         No building shall be placed closer than ninety (90') feet from the Limewood Rd. right-of-way.

 

4.         A transit stop shall be provided along the main internal drive. The exact location and design shall be approved by the Town Transit Administrator.

 

5.         A ten (10') foot wide shared use path shall be provided along the full length of the Tangerine Rd. and La Cholla Blvd. frontages.

 

6.         The Tentative Site Plan is illustrative only and does not constitute an approved Conceptual Site Plan.

 

 

Oro Valley Water Utility:

 

7.         A 12 inch water main shall be constructed on this property within a 15 foot wide easement bounded by the proposed La Cholla right-of-way. The western line of the easement shall be the same line as the proposed eastern right-of-way line of La Cholla. This main shall extend to the Northern most property boundary.

 

8.         A 100 foot by 100 foot booster site shall be dedicated to the Oro Valley Water Utility in the NW corner of the property.

 

 

Engineering:

 

9.         The southern 100 feet of the property shall be dedicated to the Town of Oro Valley for the purpose of additional public right-of-way for Tangerine Road.

 

10.       Additional public right-of-way shall be dedicated to the Town of Oro Valley along La Cholla Blvd. to provide a minimum 150' of total public right-of-way.


MOTION carried, 7-0.
 
ADJOURNMENT

MOTION: A motion was made by Vice Chairman Cox and seconded by Commissioner Drzazgowski to Adjourn the Special Session Planning and Zoning Commission meeting at 7:21 PM.