MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
May 1, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CA√ĎADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Chair Hurt called the meeting to order at 6:00 p.m.

ROLL CALL

PRESENT:
Charlie Hurt, Chair
Melanie Barrett, Vice Chair
Tom Drzazgowski, Commissioner
Thomas Gribb, Commissioner
Bob Swope, Commissioner
Nathan Basken, Commissioner

EXCUSED: Don Cox, Commissioner
 
STAFF PRESENT:
Bayer Vella, Interim Community and Economic Development Director
Paul Keesler, Town Engineer/Public Works Director
David Laws, Permitting Manager
Council Liaison Bill Rodman
Councilmember Joe Hornat
Vice Mayor Lou Waters

PLEDGE OF ALLEGIANCE

Chair Hurt led the Commission 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 Liaison Bill Rodman reported on the recent Town Council approvals: the Final Plat for Phase I for the Villages of Silverhawke and the Final Plat for Viewpointe II at Vistoso Trails. At the next council meeting on May 2, depending on Commission's vote tonight, Council will review the surgical office Conditional Use Permit case. At the upcoming May 16 meeting, the Capella rezoning and the electronic message board cases will be reviewed.

REGULAR SESSION AGENDA

1.

REVIEW AND APPROVAL OF THE APRIL 3, 2018 REGULAR SESSION MEETING MINUTES


4-3-18 Draft Minutes

MOTION: A motion was made by Commissioner Gribb and seconded by Commissioner Basken to approve the April 3, 2018 regular session meeting minutes as written.

MOTION carried, 5-0. with Tom Drzazgowski, Commissioner abstained.
 
2.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A REZONING REQUEST FROM R1-144 TO R1-10 FOR A 16.3-ACRE PROPERTY LOCATED NEAR THE NORTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE, INCLUDING A REQUEST TO UTILIZE THE REDUCED LOT WIDTH, REDUCED BUILDING SETBACK AND RECREATION AREA CREDIT FLEXIBLE DESIGN OPTIONS, OV1800713


ATTACHMENT 1 - CONDITIONS OF APPROVAL

ATTACHMENT 2 - LOCATION MAP

ATTACHMENT 3 - APPLICANT’S PROPOSAL

ATTACHMENT 4 - REZONING TENTATIVE DEVELOPMENT PLAN

ATTACHMENT 5 - GP.ZONING MAPS

ATTACHMENT 6 - NEIGHBORHOOD MEETING SUMMARY

ATTACHMENT 7 - LETTERS OF SUPPORT

ATTACHMENT 8 - LETTER OF PROTEST

Principal Planner Michael Spaeth provided a presentation that included the following:

- Purpose
- Location
- Proposal
- 2014 General Plan Amendment
- Site Plan Revisions
- Rezoning Request Review Tools

The presentation was turned over to Permitting Manager David Laws to speak on traffic concerns. Mr. Laws reiterated Staff is requesting access be provided off Sunkist Road for two key reasons: (1) Sunkist Road east of this property was recently paved and this request would extend and enhance those improvements, (2) it is the best and safest access for this project. La Cañada Road is currently at less than 20% capacity; this project would add less than 5% new traffic. During the morning and evening rush hour time frames, it is expected that less than 20 cars will be traveling in and out of this subdivision.

Mr. Spaeth then continued with his presentation:

- Environmentally Sensitive Lands
- Public Participation
- Revised Conditions of Approval
- Summary and Recommendation

Keri Silvyn of Silvyn, Lazarus and Bangs, representing the property owner, provided a presentation that included the following:

- Approved General Plan Amendment
- Previous Rezoning Tentative Development Plans
- Leman Academy
- Current Rezoning Request
- Background Information and the Concept Plan
- West Cross-sections
- North Cross-sections
- Viewshed Studies - View 1, View 2, View 3
- Outreach with Neighbors
- Photo Simulations from specific neighbors' properties
- Rezoning submittal
- Revised Concept Plan
- Updated Photo Simulations

Discussion ensued amongst the Board, applicant and staff.

Chair Hurt opened the public hearing.

The following individuals spoke on Agenda Item 2:

Alyssa Page
Pat McGowan

The following individuals spoke as opposed to Agenda Item 2:

Chuck Boreson
Timothy Bohen, Oro Valley resident
Sarah McGowan
Richard Paquette

Chair Hurt closed the public hearing.

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Commissioner Gribb to recommend approval of the proposed rezoning, including use of the ESL Flexible Design Options for reduced lot widths and setbacks, based on the finding it is in conformance with the General Plan and all applicable zoning code requirements, subject to the conditions in Attachment 1 with the change that the number one Engineering condition requiring access off Sunkist Road not be included.

Mr. Vella asked for clarification if the motion referred to the new conditions due to the changed tentative development plan. Commissioner Drzazgowski stated it included everything discussed, including the new conditions, except for the Sunkist access.

Further discussion ensued amongst the Commission, staff and applicant.

MOTION failed, 3-3 with Vice Chair Barrett, Commissioner Swope, and Commissioner Basken opposed.
 
MOTION: A motion was made by Commissioner Swope and seconded by Commissioner Basken to recommend approval of the proposed rezoning with all conditions listed in Attachment 1, which includes primary access on Sunkist Road and the additional conditions staff provided.

Further discussion ensued amongst the Commission, staff and applicant.

MOTION failed, 3-3 with Vice Chair Barrett, Commissioner Drzazgowski, and Commissioner Gribb opposed.
 
MOTION: A motion was made by Vice Chair Barrett to continue this item to a future agenda.

Further discussion continued amongst the Commission, staff and applicant.

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Commissioner Gribb to approve with all conditions as discussed except the Sunkist Road access, as there was a 3-3 split among the Commission concerning the access, and the Town Council to decide the appropriate access point, as a decision-making body.

MOTION carried, 5-1 with Vice Chair Barrett opposed.
 
Chair Hurt recessed the meeting at 8:14 p.m.

Chair Hurt reconvened the meeting at 8:21 p.m.

3.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A CONDITIONAL USE PERMIT FOR A PROPOSED SURGICAL OFFICE, LOCATED ON THE EAST SIDE OF ORACLE ROAD AND APPROXIMATELY 1/4 MILE SOUTH OF HARDY DRIVE, OV1800911


ATTACHMENT 1- LOCATION MAP

ATTACHMENT 2 - APPLICANT’S REQUEST

Senior Planner Milini Simms provided a presentation that included the following:

- Purpose
- Location
- Proposal
- Conditional Use Permit Review Criteria
- Summary and Recommendation

Applicant Jason Marnin provided a presentation that included the following:

- Photos of building
- Perfect space for outpatient surgery center
- Layout of site plan
- Section of building
- State-required covered canopy for patient drop-off/pick-up
- HVAC unit: federally-mandated emergency generator
- Screening of HVAC unit will match architecture of building

Discussion ensued amongst the Commission and applicant.

Chair Hurt opened the public hearing.

There were no speaker requests.

Chair Hurt closed the public hearing.

MOTION: A motion was made by Vice Chair Barrett and seconded by Commissioner Gribb to recommend approval of a conditional use permit for a proposed surgical office finding the request is in conformance with the Conditional Use Permit Review Criteria.

MOTION carried, 6-0.
 
4.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT RELATED TO THE CONDITIONAL USE PERMIT REQUIREMENTS FOR UTILITY POLES, WIRES AND POLE MOUNTED EQUIPMENT, OV1700002


Attachment 1 - Proposed Code Amendment

Attachment 2 - 12-5-17 Approved Minutes

Attachment 3 - 12-5-17 PZC Staff Report

Attachment 4 - Your Voice, Our Future General Plan Circulation Map

Interim Community and Economic Development Director Bayer Vella provided a presentation that included the following:

- Purpose
- Five elements
- Your Voice, Our Future circulation map
- Temporary and Emergency Services
- Review Tools
- Summary and Recommendation

Applicant Todd Stocksdale with Tucson Electric Power, provided a presentation that included the following:

- Application Purpose
- Considerations
- Emergency Clause
- Pole Height
- Distribution: La Cholla Blvd >50% height change
- Pole Diameter and Self-supporting Poles
- Diameter Exception
- Wire Diameter
- Pole-mounted equipment
- Major and Minor Collector and Local Roads <64 cubic feet
- Major and Minor Collector and Local Roads <160 cubic feet
- Conditional Use Permit required
- Pole Segment Replacement Length
- Conclusion

Discussion ensued amongst the Commission, applicant and staff.

Chair Hurt open the public hearing.

There were no speaker requests.

Chair Hurt closed the public hearing.

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Commissioner Gribb to recommend approval of the Zoning Code Amendment in Attachment 1, based on the finding that the request conforms with the General Plan.

MOTION carried, 4-2 with Vice Chair Barrett and Commissioner Swope opposed.
 
PLANNING UPDATE (INFORMATIONAL ONLY)

Interim Community and Economic Development Director Bayer Vella provided the following updates:

- Two upcoming neighborhood meetings on May 17 and May 31
- Main Streets "Chalk the Block" event his past Saturday
- The next Commission meeting on June 5 currently has one item
- The July 3 Commission meeting may be moved to July 10


ADJOURNMENT

Chair Hurt adjourned the meeting at 9:17 p.m.

Prepared by:


Jeanna Ancona
Senior Office Specialist

I hereby certify that the foregoing minutes are a true and correct copy of the regular session Planning and Zoning Commission meeting of Oro Valley, Arizona held on the 1st day of May, 2018. I further certify that the meeting was duly called and held and that a quorum was present.