MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
March 1, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CA√ĎADA DRIVE
 
PZC 03-01-2016 PACKET MATERIAL

REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Chair Leedy called the March 1, 2016 Regular Session of the Oro Valley Planning and Zoning Commission meeting to order at 6:00 PM.

ROLL CALL

PRESENT:
Greg Hitt, Commissioner
Tom Drzazgowski, Commissioner
Tom Gribb, Commissioner
Charlie Hurt, Vice-Chair
Bill Leedy, Chair

EXCUSED: Melanie Barrett, Commissioner
Bob Swope, Commissioner
 
ALSO PRESENT:  Joe Hornat, Council Member
                         Lou Waters, Vice-Mayor
                         Joe Andrews, Chief Civil Deputy Attorney

PLEDGE OF ALLEGIANCE

Chair Leedy led the Planning and Zoning Commission members and 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

Council Member Hornat updated the Planning and Zoning Commission and audience on the following:

January 20th Council Meeting:

- Temporary Sign Code was extended (A-frames and banners)
- Criminal History Box on employment applications proposed to be removed was denied
- Sign Brightness was sent back to staff
- Window signs, there was push to get rid of LED signs
- Veterans Memorial at Naranja Park, a group of citizens would like to place a first responders memorial

February 3rd Council Meeting: 

- Signs in the right-of-way

REGULAR SESSION AGENDA

1.

REVIEW AND/OR APPROVAL OF THE FEBRUARY 2, 2016 REGULAR SESSION MEETING MINUTES


02-02-2016 DRAFT MINUTES

MOTION: A motion was made by Vice-Chair Hurt and seconded by Commissioner Gribb to approve the February 2, 2016 Regular Session Meeting Minutes.

MOTION carried, 5-0.
 
2.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A TYPE II HOME OCCUPATION FOR A LANDSCAPING BUSINESS AT 11885 N. GRAY EAGLE AVE, OV1600204


OV1600204 TYPE II HOME OCCUPATION FOR LANDSCAPING BUSINESS STAFF REPORT

ATTACHMENT 1 - APPLICANT’S SUBMITTAL

ATTACHMENT 2 - LOCATION MAP/AERIAL PHOTO

ATTACHMENT 3 - SITE PHOTOS

Patty Hayes, Zoning Plans Examiner, provided a presentation that included the following:

- Purpose
- Location
- Property
- Proposal
- Conclusion

Brian Ambrose, Applicant, provided a presentation that included the following: 

- Overview of the business
- No employees for business, other that himself
- No equipment will be housed at the residence

Bayer Vella, Planning Manager, commented that the street is public and should a trailer be brought on site it would constitute a zoning violation.  This permit would not allow that. 

Brian Ambrose, applicant asked the Commission if he was able to park a small landscape trailer in the side yard.  There is a fenced in area where a previous boat was housed.  The Home Owner's Association (HOA) wants to make sure it is unseen from the street.

Mr. Vella responded that the code provides the statement that there should be no outdoor, open operations, storage or display of materials.  The key part is how much of it is screened from the street and the neighbor's.  As long as it's not visible in any form or fashion, it would be allowed.

Chair Leedy opened the public hearing.

Jonathan Oleott, Esq., non-resident of Oro Valley and attorney for the Copper Creek HOA.  Mr. Oleott states he has reviewed the application and staff report and would like to put in the record, as long as the applicant proceeds as represented in the application and it conforms to the Convents, Conditions and Restrictions (CC&R), he has no problems with the proposed application.  The HOA would have to validate the trailer issue on its own, he is not prepared at this time to do that. 

Dr. Don Cox, Oro Valley resident, stated he does not have a problem the people running small business' out of their home.  It is not really clear at what point do you have to move from your residence to other property that accommodates your business.  Dr. Cox's concern that the nature of this business would facilitate equipment trailers and unless the fences around the property are raised up to considerably, it  will remain visible from the street.  This will have an impact on the property values relative to his being able to sell his home.

Kathleen Nicholson,  Oro Valley resident, stated that she has no problem with the application and she wishes Mr. Ambrose good luck.

Brad Smith, Oro Valley resident, stated he supports the proposed application and does not see a problem with a small trailer.

Chair Leedy closes the public hearing.

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Vice-Chair Hurt to approve OV1600204, a Type II Home Occupation Permit for a landscaping business at 11885 N. Gray Eagle Ave., based on the finding that the proposed use is in conformance with the Zoning Code Standards for Type II Home Occupations.

MOTION carried, 5-0.
 
3.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT RELATED TO SIGN LIGHTING STANDARDS, OV1500769


OV1500769 SIGN LIGHTING STANDARDS ZONING CODE AMENDMENT STAFF REPORT

ATTACHMENT 1 - PROPOSED CODE AMENDMENT

ATTACHMENT 2 - PIMA COUNTY REPORT

ATTACHMENT 3 - SIGN BRIGHTNESS NUMBERS

ATTACHMENT 4 -SIGN LIGHTING TYPES

ATTACHMENT 5 - KELVIN MEASUREMENT DETAILS

ATTACHMENT 6 - NIT DETAILS

Patty Hayes, Zoning Plans Examiner, proved a presentation that included the following:

- Purpose
- Sign Lighting
- Wall Signs with LED lighting
- Kelvin Measurement
- Kelvin Temperature of LED Wall Signs
- Message Board with LED
- Nit Measurements
- Nits for Message Boards with LED
- Enforcement
- General Plan
- Recommendation

Chair Leedy opened the public hearing.

Don Bristow, Oro Valley resident, stated he is in support of the proposal.  His concern is with all the change in technology, what if people come up light that is brighter than the LEDs.  Does this ordinance give the Town the control should a new light come available?

Bayer Vella, Planning Manager, responded that maybe five years from now we will be having another conversation about standards because there is a new technology.  With this adoption and whatever is used will have to meet or approximate that standard.  Right now we are focused on the number one source of lighting that is currently being used. 

Dave Perry, Oro Valley resident and President and CEO of the Greater Oro Valley Chamber of Commerce.  Mr. Perry stated he agrees with previous speakers on the proposal and it is much more preferable than some of the suggestions heard by Town Council in regard to night time inspections.  He would also like to express his appreciation to staff for exploring other neighboring communities standards.  LED is the technology of the future, the technology of right now is better for the planet and less expensive for the merchant to apply to their business.  The most important thing in terms of our support regards to the language about enforcement of the code, lets set the standards, confirm at the permit stage and expect the business community to adhere to them.

Chair Leedy closed the public hearing.

MOTION: A motion was made by Commissioner Gribb and seconded by Vice-Chair Hurt to Recomend Approval of the zoning code amendment to Chapter 27 and 28, establishing lighting standards for signs.

MOTION carried, 4-1 with Commissioner Drzazgowski opposed.
 
4.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT RELATED TO MINOR FINAL PLAT AMENDMENTS, OV1600278


OV1600278 MINOR FINAL PLAT ZONING CODE AMENDMENT STAFF REPORT

ATTACHMENT 1 - PROPOSED CODE AMENDMENT

ATTACHMENT 2 - 2015 PLANNING DIVISION WORK PLAN

ATTACHMENT 3 - REVIEW CRITERIA TABLE

Rosevelt Arellano, Senior Planner, provided a presentation that included the following:

- Purpose
- What is a Final Plat?
- What is a Final Plat Amendment?
- Best practices
- Proposed Minor Flat Plat Amendments
- Proposed Administrative Review Criteria
- Summary and Recommendation

Chair Leedy opened the public hearing.

No speakers request.

Chair Leedy closed the public hearing.

MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner Gribb to Recomend Approval of the Zoning Code Amendment in Attachment 1 related to Final Plat Amendments, based on the finding that the request would enable the Planning and Zoning Administrator the ability to approve limited changes to an approved subdivision plat.

MOTION carried, 5-0.
 
5.

PUBLIC HEARING:  DISCUSSION AND POSSIBLE ACTION REGARDIG A ZONING CODE AMENDMENT RELATED TO ACCESSORY SUITES, OV1501735


OV1501735 ACCESSORY SUITES ZONING CODE AMENDMENT STAFF REPORT

ATTACHMENT 1 - PROPOSED ZONING CODE AMENDMENT

ATTACHMENT 2 - APPLICANT REQUEST

Chad Daines, Principal Planner, provided a presentation that included the following:

- Purpose
- Current Zoning Code
- Goals of Amendment
- Definitions and Development Standards
- General Plan
- Summary and Recommendation

Tom Gansheimer, President of Lennar Homes, representing the applicant, provided the presentation that included the following:

- Multi-Generational Living
- Next Gen, The Home Within A Home
- Floor Plan
- Actual use Lennar have tracked
- Code Amendment to allow a range/cooktop

Chair Leedy opened the public hearing.

No speakers request.

Chair Leedy closed the public hearing.

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Vice-Chair Hurt to Recomend Approval of the Zoning Code Amendment in Attachment 1 related to Accessory Suites, based on the findings in the staff report with staff's request that minor wording changes can be made without changing the content.

MOTION carried, 5-0.
 
6.

YOUR VOICE, OUR FUTURE PHASE 3 PROJECT UPDATE


YVOF PZC PHASE 3 PROJECT UPDATE STAFF REPORT

Chair Leedy provided the following presentation that included the following:

- Final stages leading up to the vote
- Staff is trying to inspiring voters
- A Your Voice, Our Future document this summer to prepare for voting
- The comments from the community are very positive

PLANNING UPDATE (INFORMATIONAL ONLY)

Bayer Vella, Planning Manager, presented the following presentation that included: 

- Town Council, March 2nd Planning items
- Town Council, March 16th meeting has been cancelled

- Planning and Zoning Commission, April 5th meeting, Community Academy Training Session

- Freddy's/ Native Grill and Wings Neighborhood Meeting, March 3rd
- Moore Road and Rancho Vistoso Boulevard Proposed Conceptual Site Plan Neighborhood Meeting, March 23rd

ADJOURNMENT

MOTION: A motion was made by Vice-Chair Hurt and seconded by Commissioner Drzazgowski to adjourn the Planning and Zoning Commission meeting at 7:15 PM.

MOTION carried, 5-0.