February 3, 2009


Call to Order


Roll Call

Chair Teree Bergman
Vice Chair Clark Reddin
Commissioner Bill Adler
Commissioner Joe Hornat
Commissioner Doug McKee
Commissioner Scott Merry, via teleconference

Also present:
K.C. Carter, Vice Mayor
Sarah More, Planning and Zoning Director
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Development Review Manager
Michael Spaeth, Planner
David Ronquillo, Senior Planner


Call to the Audience opened and closed with no speakers. 


Approval of Minutes

MOTION:  Commissioner Doug McKee MOVED to approve the January 6, 2009, Planning and Zoning Commission meeting minutes as written.  Vice Chair Reddin seconded the motion.  Motion carried 5:0.


Public Hearing: OV8-08-01, Enterprise Leasing Agency, representing Neil Capin the property owner, requests approval of a conditional use permit for the Enterprise Rental Car facility, located in proximity to the northwest corner of Oracle Road and Cool Drive.

Michael Spaeth, Planner,  gave the staff report.

Applicant David Garcia, Architectural Design Group, 2510 E. Grant Road Ste. 140, Tucson, discussed:
- Approvals and  building permits were through Pima County. 
- Tenant improvements. 
- Landscaping.
- Parking.

Steve Norman, Enterprise representative, stated:
- Enterprise is relocating from the east side of Oracle. 
- Typical hours are 8 am to 5 pm, and closed Sundays.
- Maintenance of cars is taken elsewhere. 

PUBLIC HEARING opened and closed at 6:20 p.m. with no speakers.

MOTION:  Vice Chair Reddin MOVED to approve OV8-08-01, Enterprise Leasing Agencies, request for a conditional use permit for a car rental facility, located in proximity to the northwest corner of Oracle Road and Cool Drive.   Commissioner Hornat seconded the motion.


Commissioner Adler said the criteria for a CUP involve impact of traffic and parking.  He is reluctant to approve a CUP without knowing where parking is and its relation to neighbors.  He cannot approve this request.

Commissioner McKee was concerned where extra cars would be parked on the lot. When more than 10 cars are being returned, is the intent to use some of the space of the tire shop?

Mr. Garcia said the lease agreement doesn’t allocate specific places for vehicles.  The entire site plan counts all spaces on all 3 lots and is shared by all three users.  There is a potential for some of the parking spaces to be used at the tire shop.  More than likely, what they will do is use the parking spaces just to the west of the building which is behind the building.  They may also use the three that are in front of the building.  There are also quite a few spaces along Oracle Road on the east side that are seldom used. 

Commission McKee will support this request.

Commission Merry said Enterprise performs an important service to OV and this facility offers a win-win situation. 

Motion carried 5:1, with Commissioner Adler voting no.


Public Hearing: OV9-04-02, DESCO Southwest LLC, represented by the Planning Center, requests approval of a rezoning amendment to change the designation of the existing wash on the western boundary of the Miller Ranch development from single family residential (R1-144) to Parks and Open Space (POS), located on the northwest corner of La Canada Drive and Tangerine Road.

David Ronquillo, Senior Planner, gave the staff report.  A revised Exhibit A regarding access was distributed to the Commission. 

Applicant, Linda Morales, The Planning Center:
-  The 2008 Tentative DP was Council approved with previous rezoning.  Buildings 11, 12, and 13 are set back 30 to 60 feet. The proposed will protect OS permanently and is in compliance with the restoration plan.  There is no intention to move buildings closer to the wash. 
- The main access from the property west of the wash will be through the technology park with a second emergency access proposed north onto Sunkist. 
- The higher density to the west is being explored separately.  There have been no comments from a neighborhood meeting held.  The intent is to submit a General Plan Amendment application by the end of February for that property to the west. 
- Complying with current set backs would limit square footage.  Taking off the 2nd story would eliminate about 26,000 sq. ft.
- Applicant would be willing to add a condition of a minimum of a 20 foot set back from the wash.

Mr. Keesler said Public Works is working with the applicant on curb cut location. 

PUBLIC HEARING opened and closed at 7:05 p.m. with no speakers.

Commissioner Hornat said he can’t support giving up space between the buildings and wash.  20 feet is too tight. 

Vice Chair Reddin said when this was approved the first time, the intent was to protect the wash and set back from the adjacent neighbors and homes to the west.  The revegetated wash would provide a buffer and OS will protect. 

Commissioner McKee agreed with Vice Chair Reddin. There is a shortage of tech park space.  He would hate to loose 26,000 sq. ft.  Amend the conditions to have a 20 ft. setback and he will support the request.

Commissioner Adler said the 20 ft. setback minimum Engineering would require is not satisfactory in terms of enhancing.  Protection of a conservation area requires a larger setback.  Rezoning a wash as a Park/OS district when there is no intent to adequately protect and create a recreational or public OS area, and there is no understanding with regards to connectivity to trails; this is a way to circumvent ZC regulations.  He is opposed to that.

Commissioner Merry agreed  that tech space is needed, but believes OS needs to be protected.  A 20 foot setback is too close to the wash.

Chair Bergman asked staff if there are sufficient provisions in place to protect the wash during the construction process.

Mr. Keesler clarified that the 15 foot setback minimum is for protection of the buildings from flooding, not for protection of the wash.  The wash will be protected by Federal regulations. 

Ms. More said during construction both Public Works and Planning and Zoning rules and regulations apply, with frequent inspections, to protect the wash.

Chair Bergman believes that the wash is OS and that having it zoned R1-144 does not make sense.  She sees this as a technicality as to where to measure setback.  The need for tech park space is great and needs to be considered.

Commissioner Adler pointed out it is not uncommon for washes in residential zoning to have conservation easements placed over them without changing the zoning.  Keeping structures away from the wash is for aesthetics and habitat. We need to keep a balance. 

Chair Bergman added that if the Town believes there is a need for buffers between washes and commercial development, it should be incorporated in the zoning regulations.  She can’t see a reason not to go forward.  3:1  for setbacks is from the residential boundary and has nothing to do with washes. 

MOTION:  Commissioner McKee MOVED to recommend approval of OV9-04-02, Desco Southwest LLC, represented by the Planning Center, request for a rezoning from R1-144, single family residential to Parks and Open Space with the revised Exhibit A and adding the condition that all buildings have a minimum 20 foot setback from the each side of the wash.  Vice Chair Reddin seconded the motion. Motion failed, 3:3. Chair Bergman, Vice Chair Reddin and Commissioner McKee voting yes;  Commissioners Adler, Hornat and Merry voting no.

MOTION:  Commissioner Adler MOVED to continue item OV9-04-02 to the next Planning and Zoning Commission meeting, and discuss with staff what has been debated.  Commissioner Merry seconded the motion.  Motion failed, 3:3.  Commissioners Adler, Hornat and Merry voting yes.  Chair Bergman, Vice Chair Reddin and Commissioner McKee voting no. 

Recess:  5 minutes


Planning and Zoning Department 09-11 Work Plan

Ms. More gave the staff report on the year end review and the proposed Work Plan. 

Discussion items included:
- Annexations
- Comprehensive code clean-up, i.e., assisted living, expand land use list, review Tech Park.
- In TC presentation talk about items dropped from plan.  Charts showing volume of activity should have estimate of ’09 and ’10 included. 
- Push the Arroyo Grande pre-annexation agreement to the future.
- Show payback on sustainability project. 
- Do energy audits for Town.
- Plan "B" in case Council pulls out of Arroyo Grande because of the economy.
- Kai property.
- Rewrite fall series of CPI.
- Mixed use (complimentary use) district. Concept is a useful tool for Arroyo Grande project.  Right combination of retail, employment and residential.
- When presenting to Council have a resource requirement for each item: cost, manpower, etc.

MOTION:  Vice Chair Reddin MOVED to recommend adoption of the Planning and Zoning Work Plan for fiscal years 2009/10 and 2010/11 to the Town Council, considering comments from the Commissioners.  Commissioner Hornat seconded the motion.  Motion carried, 6:0.


Planning Director Update

- Planning Commission interviews were held February 2nd, and recommendations go to Council on the February 18th.  Terms are through the end of July. Commissioners can continue to serve until replaced. 
- Ms. More will attend a Smart Growth Scorecard training session next week.
- Historic Preservation Commission and Town Council will hold a joint study session on February 11.
- Town Council will hold a study session on the Green Team effort to date on February 25. 


Future Agenda Items

Chair Bergman - ex parte communications training.



MOTION:  Vice Chair Reddin MOVED to adjourn the Planning and Zoning Commission meeting.  Commissioner Hornat seconded the motion.  Motion carried 6:0. 

Meeting adjourned at 8:18 p.m.