May 6, 2008


Call to Order


Roll Call
PRESENT:  Chair Doug McKee
Vice Chair Teree Bergman
Commissioner Bill Adler
Commissioner Ray Paolino
Commissioner Clark Reddin

EXCUSED:  Commissioner Pete Bistany
Commissioner Honey Pivirotto

Also present:
Paul Loomis, Mayor
K.C. Carter, Town Council Member
Sarah S. More, Planning and Zoning Director
Joe Andrews, Town of Oro Valley Civil Attorney


Call to the Audience opened and closed with no speakers.



MOTION:  Commissioner Adler MOVED to approve the Planning and Zoning Commission meeting minutes for April 1, 2008, as written.  Vice Chair Bergman seconded the motion.  Motion carried: 5 yes - 0 no.


Model Airplanes in Parks discussion.

Ms. Ainsley Reeder, Parks and Recreation Direction, gave a brief presentation regarding model airplane flying and the request for a dedicated location for this sport.  Parks and Recreation Department is considering changing their code, which currently prohibits model airplane flying.  Ms. Reeder was looking for input from the Planning and Zoning Commission prior to taking this item on to Town Council.

Robert J. Schumann, Oro Valley resident, would like to see the code revised to allow model airplane flying in specific areas.

Kevin Houser, Oro Valley resident, also would like to see the code changed to allow model airplane flying.  He specifically pointed out Steam Pump Ranch south end and West Lambert Lane as areas that might work. 

Ms. More said that the Town is securing the Steam Pump Ranch site from the public access at this time.  Access will be limited until the site is open as a historical park and it is not a compatible use. 

The Commissioners did not object to changing the code to allow model airplane use, but said that liability insurance and single use designation, which restricts other uses, should be reviewed more thoroughly, and possibly consider the use for specific times and days.

Ms. Reeder thanked the Commission and the model airplane supporters in attendance for their time and insights.


Public Hearing: OV7-08-02, The Planning and Zoning Department requests approval of a text amendment to Oro Valley Zoning Code Section 27.3 Public Art Provisions.  The purpose of the amendment is to clarify maintenance requirements for public art.

Ms. More stated that the code text needs to be replaced that was inadvertantly deleted in the 2005 revision. 

There was some concern that the word "maintenance" needs to be clarified as to what is acceptable maintenance.  Also, responsibility may be difficult to uphold if the owner is not local. 

Ms. More said that issues before Planning and Zoning thus far have been very clear. She added that artwork may be replaced with the public review process.

PUBLIC HEARING opened and closed with no speakers.

MOTION:  Commissioner Paolino MOVED to recommend approval of OV7-08-02, The Planning and Zoning Department request for approval of a text amendment as depicted in Exhibit A to Oro Valley Zoning Code Section 27.3 Public Art Provisions, "The installation of the artwork will be done in a manner that will protect the artwork and the public.  Continued maintenance of the artwork shall be the responsibility of the property owner, and the artwork shall be maintained in such a manner as to preserve its intended appearance."   Vice Chair Bergman seconded the motion.  Motion carried: 5 yes - 0 no.


Volunteer from  P&Z Commissioner to assist in some of the General Plan Amendment neighborhood meetings.

Ms. More asked the Commission if they felt it would be a good idea to have a volunteer Commissioner attend the neighborhood meetings as a citizen’s voice. 

After brief discussion, regarding the benefit of less emotion and confrontation in informal versus formal settings, it was the consensus that having a volunteer Commissioner speak at the neighborhood meetings was not a good idea.

Ms. More said that if any Commissioner attends the meetings, Planning and Zoning would appreciate feedback.


Planning and Zoning Rules and Operating Procedures discussion and possible action to modify.

Chair McKee pointed out that because the General Plan (GP) applications all come in at once and have to go to Town Council by the end of year, it creates a problem with Commissioner’s terms expiring on June 30, which is in the middle of the GP schedule.  To ensure continuity with Commissioners, the Planning and Zoning operating rules should be changed to make terms end with the regular year. 

Vice Chair Bergman agreed the change in expiration date of terms would be useful.  She also commented that a 2 year term is too short to fully understand what the Commission is doing and should be extended to 3 or 4 years.  The Commissioner’s work is complicated and takes time to learn.  The constant turnover of commissioners is a disservice to the community.

Commissioner Adler said it should be recommended to Council that term limits should be done away with.  Appointment should be competitive, with the interviewing process designed to find qualified candidates.  The automatic expiration of terms needs to be reconsidered and changed. 

Commissioner Paolino agreed that terms should end on December 31 and extended to 3 years.

Commissioner Reddin agreed to making changes in the time limit, but disagreed that term limits should be removed.  New perspectives from new people are needed and give a better cross-section of the community as it evolves and changes.

Ms. More said that qualification for application for a board or commission is being a resident of Oro Valley.  There is a role for the legislative body, for staff, and for citizens and lay-bodies, and it is to bring in the sense of community and not that they be experts in any specific field.  She agreed that the work the Commission does is very complicated and it does take time to figure it out, both procedurally and policy-wise.  Two year terms are short.  The harder it is made to qualify for a Commission appointment, the more difficult it is going to be to get folks who represent the community and care about the community to serve.  The General Plan process is outlined in State law.  It makes sense to change the terms to be coincident with the calendar year even if they remain 2 year terms.
MOTION:  Vice Chair Bergman MOVED to recommend to Council that Planning and Zoning Commission appointments be for a period of 3 years, ending on December 31.  Commissioner Reddin seconded the motion for discussion purposes.

Attorney Andrews pointed out that if the Planning and Zoning rules changed to extend the term limit, it would conflict with the Town Council’s policy on boards and commissions terms being 2 years.

Commissioner Adler asked if the motion allowed for reappoint for an additional 3 years, for a maximum of six years, and then after a year’s leave could be reapplied for. 

Chair McKee asked if the motion was intended to include existing members terms expiring on December 31, 2008. 

AMENDED MOTION:  Vice Chair Bergman MOVED to recommend to Council that Planning and Zoning Commission appointments be for a period of 3 years, ending on December 31, with the possibility of being considered for reappointment for an additional 3 years. Individuals may apply again after a one year leave.  Existing Commissioners, whose terms expire on June 30, 2008, shall have their terms expire to December 31, 2008.   Commissioner Reddin seconded the motion.  Motion carried: 4 yes, 1 no.  Commissioner Adler voting no. 


Discussion and Possible Action on Site Tours and recommendation for revision of Resolution No. (R)03-26.

Sarah stated that the fundamental nature of P&Z Commission is to represent community and hold other public meetings and hearings that are important to deliberation by the Council.  The Commission's deliberations need to be on record and in front of the community.  Site tours can be difficult to visit individually.  It is important to have formal site tours to be able to point out the site’s features.

Site tours aren’t the right venue for the public to have a meeting, nor are they on the record.  Discussion, deliberations and recommendations on site are inappropriate and should occur in a public hearing venue. 

Attorney Andrews pointed out that going in small groups, if for the purpose of not holding a public meeting, would be a series constituting a meeting.

- The public notice needs to be posted at least 24 hours in advance.  
- Language in the notice needs to be clearer so who may participate can be enforced.
- Neighborhood meetings should be held before the site tours.
- Consider holding at least one neighborhood meeting on site.
- Staff and board members should let citizens know site tours are not the venue for public hearings.

Attorney Andrews pointed out that a notice of quorum must have the purpose of the meeting included.

Ms. More asked the Commissioners to think about other changes to improve the process and conform with State Law.   

No action was taken.


Future Agenda Items



Planning Update

Ms. More attended the American Planning Association National conference in late April and would like to discuss this at a later meeting to talk about sustainable development.


Adjourn Regular Session

MOTION:  Commissioner Paolino MOVED to adjourn the Planning and Zoning Commission meeting.  Commissioner Reddin seconded the motion.  Motion carried 5 yes, 0 no.   The Planning and Zoning Commission meeting adjourned at 7:40 p.m.