MOTION: A motion was made by Vice Chair Joe Hornat
and seconded by Chairman Clark Reddin via telephone
to reconsider the OV7-09-008, La Cholla Airpark Inc., representing the owner and applicant, requests approval of a zoning code text amendment to allow accessory structures in the front yard of lots within the R1-300 zoning district. Located north of Moore Road and west of King Air Drive.
Vice Chair Hornat stated the text amendment was a little broad and it could be redrafted. Vice Chair Hornat voiced his concern about the number of people that would be affected.
Commissioner Swope questioned the staff as to what rules are in place regarding a reconsideration vote.
Joe Andrews, Town Attorney, answered that one of the rules for reconsideration states that you can have a motion to reconsider, as long at it is made at the next meeting.
Commissioner Swope asked if there were specific criteria that guide the Commission in terms of reconsideration.
Mr. Andrews stated that one of the commission members on the prevailing side of the vote can bring it back for reconsideration.
Vice Chair Hornat stated that he generally does not like text amendments unless they are really tight. Vice Chair Hornat stated that he met with Paul Popelka, OV Acting Planning and Zoning Director and David Ronquillo, OV Senior Planner, to discuss the text amendment and agreed it could be re-drafted.
Commissioner Caswell asked why the text amendment was not a Board of Adjustment item.
Vice Chair Hornat stated that it could be but that was the way it was given to the Commission.
Commissioner Caswell stated the airpark has a very strong Homeowner’s Association (HOA).
Vice Chair Hornat stated that the corporation itself came to the Planning and Zoning Commission and asked to make the change.
Commissioner Swope stated that it was the prevailing view of the Commission at the last meeting that the Board of Adjustment was the appropriate venue for this issue.
Mr. Popelka stated the request came from the property owners and they would like to avoid having to go before the Board of Adjustment.
Commissioner La Master requested that the P&Z staff find out how many structures are non-conforming.
Chairman Reddin stated that the Commission should reconsider and he thought the application missed a few components.
Public Hearing was opened.
Chris Pena, OV resident, and current vice president of La Cholla Airpark Board of Directors stated that the vote at the last meeting was 3 - 2, and the vote could go in the other direction due to members in attendance that were not at the last meeting. Mr. Pena stated the report delivered to the Board on November 3rd was somewhat incomplete and they are confident that they could produce a complete article that would enable the Board to make a definitive decision. Mr. Pena stated that they would like the opportunity to work with the board before proceeding in another direction.
Gil Alexander, OV resident, stated there is no logic based on the way houses are situated on 7 acres. Mr. Alexander stated the issue of how you define a front yard is going to affect a large number of people, which does not make sense. Mr. Alexander requested that the Commission change it.
Barbara Abrams, OV resident, commented on how the zoning change would affect her 7 acre property. Ms. Abrams stated that her residence does not face a road and has 5 acres in front of her home. Ms. Abrams stated if she were not allowed to build on those 5 acres it would devalue her property. Ms. Abrams stated she came to the meeting to protest that the Commission would impose the change on the 7 acre lots at La Cholla Airpark.
Mr. Pena stated that if the motion to reconsider is passed, the applicant would like to make a new presentation in February.
Public Hearing was closed.
Mr. Andrews said the reconsideration should take place at the next meeting, but could then be tabled or heard at a specific date in February.
Commissioner Caswell made a friendly amendment that the reconsideration of OV7-09-008 take place at the Planning & Zoning Commission meeting on the first Tuesday in February, 2010.
Commissioner La Master accepted the friendly amendment.
MOTION: A motion was made by Commissioner Mary Caswell
and seconded by Commissioner Robert La Master
to reconsider at the February 2, 2010 meeting, the OV7-09-008, La Cholla Airpark, Inc. representing the owner and applicant, requests approval of a zoning code text amendment to allow accessory structures in the front yard of lots within the R1-300 zoning district. Located north of Moore Road and west of King Air Drive.
Mr. Popelka stated Commissioner Merry resigned from the Commission, and he would be starting the process to replace him.
Mr. Popelka stated he would bring the P&Z Work Program to the January P&Z meeting for an update, before taking it to the Town Council for final review and approval.
MOTION: A motion was made by Commissioner Robert La Master
and seconded by Commissioner Robert Swope
to Adjourn the Planning & Zoning Commission meeting at 6:22 p.m.