MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
July 1, 2014
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CA√ĎADA DRIVE
 
PLANNING & ZONING COMMISSION PACKET 07-01-2014

CALL TO ORDER AT OR AFTER 6:00 PM

Chairman Cox called the meeting to order at 6:00 PM

ROLL CALL

PRESENT:
Don Cox, Chairman
John Buette, Vice-Chairman
Bill Leedy, Commissioner
Tom Drazazgowski, Commissioner
Greg Hitt, Commissioner
Bill Rodman, Commissioner
Frank Pitts, Commissioner

Commissioner Frank Pitts attended by phone.

ALSO PRESENT:  Councilmember Hornat

PLEDGE OF ALLEGIANCE

Chairman Cox 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.

Bill Adler, Oro Valley resident, commented  on the financial projections that staff has offered for the Town's future.  The Town's revenues and expenses are nearly the same.   Staff is not expecting significant growth in revenue.  This is a problem for the Town because we don't have the space to continue to grow residentially or commercially.  Where is the money going to come from?  This question is a planning and zoning question.  Don't expect staff to come to you with a recommendation to react to and don't expect Town Council to come to you.  This is far too sensitive an issue for political people.  If anything is going to get initiated it's going to start with the Planning and Zoning Commission.

COUNCIL LIAISON COMMENTS

Councilmember Hornat, thanked the Commissioners who attended the neighborhood meeting for La Posada.

1.

REVIEW AND/OR APPROVAL OF THE MAY 6, 2014 REGULAR SESSION MEETING MINUTES


05-06-2014 PLANNING & ZONING COMMISSION REGULAR SESSION DRAFT MINUTES

MOTION: A motion was made by Commissioner Leedy and seconded by Commissioner Drazazgowski to approve the May 6, 2014 Regular Session meeting minutes.

MOTION carried, 6-0. with Bill Rodman, Commissioner abstained.
 
2.

PUBLIC HEARING:  TUCSON KOI & WATER GARDENS REZONING OF 2.8 ACRES LOCATED ON THE EAST SIDE OF ORACLE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF MAGEE ROAD FROM R1-144 AND R-S TO C-N, OV914-001


OV914-001 TUCSON KOI & WATER GARDEN REZONING STAFF REPORT

ATTACHMENT 1 - CONDITONS OF APPROVAL

ATTACHMENT 2 - REZONING SITE ANALYSIS

ATTACHMENT 3 - GENERAL PLAN LAND USE MAP

ATTACHMENT 4 - ZONING MAP

ATTACHMENT 5 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 6 - RESIDENT COMMUNICATION

Chad Daines, Principal Planner, presented the following:

- Request
- Location
- Vicinity
- Review Criteria
- General Plan
- Zoning
- Proposed Zoning
- Environmentally Sensitive Lands Modified Review Process Incentive
- Environmentally Sensitive Lands
- Tentative Development Plan
- Neighborhood Meeting/Public Input
- Summary & Recommendation

Paul Oland, WLB, representing the property owner and applicant, presented the following:

- General Plan
- Site Plan
- Desert Landscape
- Sidewalk Requirement

David Laws, Permitting Manager, responded to the questions in regards to the turn-around and sidewalks.

Bruce Mcdonald, Tucson Koi and Water Gardens, commented on the parking issue.

Chairman Cox opened the Public Hearing.

Bill Adler, Oro Valley resident, stated he disagrees that this use is consistent with Neighborhood Commercial C-N zoning district.  This is not a neighborhood serving use, it's a regional use and does not comply with the General Plan.  Water use is a concern and the business is opposite of what the Town stands for in the way of water conservation.  Conditions need to be added for the use of the water so that it's at a volume that is consistent with the Town intentions to conserve. It's the Town responsibility to add sidewalks not the property owner.

Don Bristow, Oro Valley resident, asked if the green houses on the property will have lights on all night which would impact the residential area behind it and the night sky ordinance? Are workers driving across the Sensitive Lands Area and would also like to know the difference between a decorative water feature and a water feature?

Chairman Cox closed the Public Hearing.


MOTION: A motion was made by Commissioner Leedy and seconded by Vice-Chairman Buette to Recomend Approval the Tucson Koi and Water Garden Rezoning from R1-144 and R-S to C-N including the use of the modified review process in Section 27.10.F.2.c.i.a, based on the findings that the request is consistent with the General Plan and subject to the conditions in Attachment 1.

Attachment 1 Conditions of Approval Tucson Koi and Water Gardens OV914-001 July 1, 2014, Planning and Zoning Commission   Planning

  1. A cultural resource survey, in accordance with Section 27.10.D.3.e.v.b, must be completed prior to the approval of the Final Site Plan. 
  2. Relocate the proposed nursery showroom to maintain the minimum Critical Resource Area setback, per Section 27.10.F.3.b.i.b. 
  3. Add open space percentage to table on Tentative Development Plan.
  Engineering
  1. An in-lieu fee will be required for future construction of a 5’ sidewalk along the Oracle Road frontage. An easement dedicated to the Town of Oro Valley will also be required for construction of the sidewalk. The fee and easement will need to be in place prior to issuance of a Certificate of Occupancy. The fee shall be held for a period of time not to exceed ten (10) years, after which, if the sidewalk has not been constructed, the in-lieu fee shall be returned to the applicant. (Town Subdivision Street Standards: Sec 6.3.2)
  2. Revise the Tentative Development Plan to incorporate adequate off-street maneuvering area. (Zoning Code: Sec. 27.7.H and 27.8.C)
  3. The sidewalk that is adjacent to the head in parking will be obstructed by the vehicle overhang from the parking space. Revise the TDP to incorporate an increased sidewalk width. (Zoning Code: Sec. 27.7.H)
  4. Correct text to remove the language about providing a secondary access to the office complex to the south on page 27 of the Site Analysis.


MOTION carried, 7-0.
 
3.

PUBLIC HEARING:  TUCSON KOI AND WATER GARDEN CONDITIONAL USE PERMIT FOR A RETAIL PLANT NURSERY, SHOWROOM AND SALES AREA ON 2.8 ACRES LOCATED ON THE EAST SIDE OF ORACLE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF MAGEE ROAD, OV814-001


OV814-001 TUCSON KOI AND WATER GARDEN CONDITIONAL USE PERMIT STAFF REPORT

ATTACHMENT 1 - CONDITONS OF APPROVAL

ATTACHMENT 2 - CONDITIONAL USE PERMIT SITE ANALYSIS

ATTACHMENT 3 - GENERAL PLAN LAND USE MAP

ATTACHMENT 4 - ZONING MAP

ATTACHMENT 5 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 6 - RESIDENT COMMUNICATION

Chad Daines, Principal Planner, presented the following:

- Request
- Vicinity
- Conditional Use Permit Review Criteria
- Neighborhood Meeting/Public Input
- Summary & Recommendation

Paul Oland, WLB, representing the property owner and applicant, presented to the Commission on the proposed use.  

Chairman Cox opened the Public Hearing.

Bill Adler, Oro Valley resident, commented that the criteria for the Conditional Use Permit does not include water conservation.   Unless the Town officials including the Commission don't take water seriously, where is it going to start?  This deserves a condition because they are displaying a pond which encourages the use of water.

Don Bristow, Oro Valley resident, commented that he had no objections to the business, but felt the light for the sign should be included in the total lumens for the site.

Dave Perry, Oro Valley resident and President and CEO of the Greater Oro Valley Chamber of Commerce, commented that this is a good business proposal and should be supported by the Planning Commission.  He is pleased to hear that the business will be selling rain harvesting products and encourages the business to emphasize their rain harvesting product moving forward.  He shares Mr. Adler's concern about water conservation.  If government is serious about water conservation it should invest more resources in water auditing on individual properties and try to do a better job educating people about the amount of water they really need to use to have a nice looking front yard.  We have a pedestrian traffic on Oracle Road from Ina to Sulfock, he believes it's not up to individual businesses to try and solve this problem it's a collective issue for our community.

Chairman Cox closed the Public Hearing.

MOTION: A motion was made by Vice-Chairman Buette and seconded by Commissioner Rodman to Recomend Approval of the Conditional Use Permit for the Tucson Koi & Water Gardens, based on the findings that the proposed is consistent with the Conditional Use Permit Review Criteria.

Attachment 1 Conditions of Approval Tucson Koi and Water Gardens Conditional Use Permit OV814-001 July 1, 2014, Planning and Zoning Commission   
Engineering
  1. Show that sufficient room is provided for delivery vehicle and trash collection vehicle maneuverability within the revised parking layout. Specifically, demonstrate that the vehicles can turn around and will not be required to back out of the parking lot to Oracle Road.

MOTION carried, 7-0.
 
4.

PUBLIC HEARING:  OLSON PROPERTY REZONING OF 39 ACRES FROM R1-144 TO RANCHO VISTOSO PLANNED AREA DEVELOPMENT (PAD) AMENDING PAD STANDARDS AND USE OF A MODIFIED REVIEW PROCESS, LOCATED ON THE NORTH SIDE OF MOORE ROAD, BETWEEN YELLOW ORCHID DRIVE AND MYSTIC VIEW PLACE, OV914-003


OV914-003 OLSON PROPERTY REZONING STAFF REPORT

OV914-003 OLSON PROPERTY REZONING STAFF REPORT

ATTACHMENT 2-1 - APPLICANT’S PROPOSAL

ATTACHMENT 1 - CONDITONS OF APPROVAL

ATTACHMENT 2 -3 - APPLICANT’S PROPOSAL

ATTACHMENT 3 - GENERAL PLAN LAND USE MAP

ATTACHMENT 4 - ZONING MAP

ATTACHMENT 5 - ESL PLANNING MAP

ATTACHMENT 6 - ONE-STORY HOME LIMITATION MAP

ATTACHMENT 7 - LOT CONFIGURATION EXHIBIT

ATTACHMENT 8 - VISTOSO COMMUNITY ASSOCIATION LETTER

ATTACHMENT 9 - NEIGHBORHOOD MEETING SUMMARY NOTES AND RESIDENT LETTER

Chad Daines, Principal Planner, presented the following:

- Applicant's Request
- Location
- Vicinity
- Background/Review Criteria
- General Plan
- Zoning
- RV Planned Area Development Medium Density Residential
- Environmentally Sensitive Lands Modified Review Process Incentive
- Tentative Development Plan (Illustrative)
- View Impacts
- One Story Restriction
- Recreational Area & Shared Use Path
- Trails
- Environmentally Sensitive Lands
- Neighborhood Meeting
- Summary & Recommendation

Keri Silvyn, Lazarus, Silvyn & Bangs, P.C. representing the Olson Family, presented the following: 

- Regional View
- Aerial Image
- Approved General Plan Amendment Map
- Concept A
- Preliminary Conceptual Site Plan
- Project Information
- Neighborhood Interaction

Chairman Cox opened the Public Meeting.

Jennifer Vigil, Oro Valley resident, commented that she has enjoyed the view from her property for the last seven years and went on to express her concern with changing the density and the impact it would have.  The more people we have the more water use overall and the garbage along the wash.  The Town does not have single story restrictions at the highest part of the peak and having two story at the highest part of the peak will negatively affect the views.

Mike Hoss, Oro Valley resident, expressed his concern with the dust and dirt that is going to be stirred up during construction.  Mr. Hoss went on to ask what was going to be done to keep the dust down and what is required?

Bill Alder, Oro Valley resident, commented that he has asked Town Council to direct Planning staff to revise the code for a view shed analysis that is clear, what it does and what it includes.  How does a six foot decrease minimize adequately the view impact that we are trying address when the difference in elevations are 25 feet?

Laurie Bierer, Oro Valley resident, expressed her concern with the open view of the mountains, and the impact of those views.

Bill Machtiggir, Oro Valley resident, expressed his concern with Moore Road and the 10 foot setback, barriers and noise and traffic burden of 105 homes being proposed. 

Carol Hoss, Oro Valley resident, commented that 75% of the houses in the area are built into the hills and single story homes. Ms. Hoss went on to express her concern with drainage and property values

Bill Weltsheft, Oro Valley resident, expressed opinion that the homes should be single story homes.  It would be a better developed subdivision if the 2.1 density was favored.  Traffic is also another concern.

Sue Maurer, Oro Valley resident, commented that she felt the development should be single story homes vs. the two story homes.

Coleen Hehli, Oro Valley resident, stated she is in opposition to the plan and hopeful that the request for the change in the amount of lots per acre would be denied or ask the developer to change the plans to single story homes on the entire western facing properties.

Ted Lavretta, Oro Valley resident, expressed his concern with the dense community and two story homes.  He sees a problem with placing two story homes on higher elevations and strongly recommend single story homes along the west section of proposed property.
-

Jena Carpenter, non-resident and represents the Vistoso Community Association as Association Manager, commented that the Board of Directors of the Home Owners Association have been working with the Olson family to find a solution for the property to incorporate something that is beneficial to the joining homes.

Chairman Cox closed the Public Hearing.

David Laws, Permitting Manager, responded to the questions asked during the public hearing with regards to dust control and drainage.

MOTION: A motion was made by Vice-Chairman Buette and seconded by Commissioner Leedy to Recomend Approval of OV914-003 the Olson Property Rezoning to Rancho Vistoso Planned Area Development (PAD) Medium Density Residential, subject to the conditions in Attachment 1.  The motion recommended denial of the use of the modified review process.

Commissioner Drazazgowski offered a friendly amendment to the motion to include the lots abutting the western boundary of the developed area and within 948 feet of the north right of the way line of Moore Road shall be restricted to one story in height, not including the pie shaped lots in the corner.

Friendly amendment was accepted by Vice Chair Buette and Commissioner Leedy.

  1. Attachment 1

    Conditions of Approval - REVISED

    Olson Property

    OV914-003

    July 1, 2014, Planning and Zoning Commission

    Planning

     

    1. Lots abutting the western boundary of the developed area and within 948 feet of the north right of way line of Moore Road shall be restricted to one story in height, not to exceed 24 feet.

     

    1. The developer shall designatethe Highland Wash Trail #326 as a “permanent non-motorized public recreation easement” in a location approved by the Planning and Zoning Administrator and Town Engineer.

     

    1. The developer shall construct a shared use path to provide access to the Hohokam Park to the north in a location approved by the Planning and Zoning Administrator and Town Engineer. This path shall be owned and maintained by the homeowners association.

     

    1. A Cultural Resource Survey and Inventory Report prepared in accordance with Section 27.10.D.3.e. shall be completed prior to the approval of the Final Site Plan.

     

    1. Lots highlighted on Attachment 7 of the Planning and Zoning Commission Staff Report dated July 1, 2014 shall be reconfigured to eliminate multiple rear yards abutting a side yard.

     

    Engineering

     

    1. The developer shall dedicate additional right-of-way along Moore Road to the Town of Oro Valley for an ultimate right-of-way of 150’ as depicted by the Tentative Development Plan in Attachment 2.

     

    1. Moore Road shall be widened from a two-lane section along the project frontage to a four-lane section including curbs, raised medians, a multi-use lane, and sidewalk to match the existing roadway section on both sides of the project.

MOTION carried, 6-1 with Commissioner Pitts opposed.
 
PLANNING UPDATE (INFORMATIONAL ONLY)

Bayer Vella, Conservation and Sustainability Administrator and Interim Planning Manager, presented the following: 

- 3 upcoming neighborhoods meetings

- July 2nd Town Council Planning Division items on agenda

- Town Council summer break

FUTURE AGENDA ITEMS

Commissioner Leedy requested a discussion item be place on a future agenda in regards to how the Town manages the increasingly scarce water supply or encourages conservation.
Commissioner Drazazgowski requested that both commercial and residential be included with the discussion.

ADJOURNMENT

MOTION: A motion was made by Commissioner Leedy and seconded by Commissioner Pitts to adjourn the Planning and Zoning Commission meeting at 8:48 P.M.

MOTION carried, 7-0.