MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION AGENDA
April 6, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CA√ĎADA DRIVE
 
CALL TO ORDER AT OR AROUND 6:00 P.M.

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

ROLL CALL

PRESENT:
Clark Reddin, Chairman
Joe Hornat, Vice Chair
Alan Caine, Commissioner
Mary Caswell, Commissioner
Robert La Master, Commissioner
Robert Swope, Commissioner
John Buette, Commissioner

PLEDGE OF ALLEGIANCE

Vice Chair Hornat led the audience in the Pledge of Allegiance.

CALL TO THE AUDIENCE (Non Agenda Items Only)

Opened and closed without comment.

1.

Review and /or approval of the February 2, 2010, P&Z Commission meeting minutes.


MOTION: A motion was made by Commissioner La Master and seconded by Commissioner Caswell to approve the February 2, 2010, P&Z Commission meeting minutes as presented.

MOTION carried, 5-0.
 
2.

Public Hearing: OV810-002, Desco Southwest, represented by Rick Engineering Company, requests approval of a conditional use permit for a bank drive-thru, located within Phase 1 of the Miller Ranch Development on the northwest corner of La Canada Drive and Tangerine Road. For questions and additional information, please contact David Ronquillo, Senior Planner, at (520) 229-4817or dronquillo@orovalleyaz.gov.


Paul Popelka, Acting P&Z Director presented the staff report.

Michael Sarabia, non resident of Desco Southwest, presented the applicants proposal.  Mr. Sarabia reviewed the following:
- Location
- Project layout
- Setback for the drive thru
- Criteria

Commissioner Caswell asked where the ingress egress would be.  Mr. Sarabia responded that interior roads will be part of the development plan.

Paul Keesler, Development Review Manager, said the traffic analysis will be addressed at the development plan process and all the intersections are working at acceptable levels.

Chairman Reddin arrived at 6:20 p.m.

Sara McGowan, non resident, said she lives adjacent to the proposal and was not present to oppose the proposal but would like more information and requested that noticing signage be larger in size.

MOTION: A motion was made by Commissioner Caswell and seconded by Commissioner Buette to approve OV810-002, Desco Southwest, represented by Rick Engineering Company, a conditional use permit for a bank drive-thru, located within Phase 1 of the Miller Ranch Development on the northwest corner of La Canada Drive and Tangerine Road.

MOTION carried, 6-0.
 
3.

Public Hearing: Continued, OV7-09-008, La Cholla Airpark Inc., representing the 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 KingAir Drive. For questions and additional information, please contact David Ronquillo, Senior Planner, at (520) 229-4817or dronquillo@orovalleyaz.gov


Paul Popelka, Acting P&Z Director, presented the proposal and said the request presented would apply only to the La Cholla Airpark district.  Mr. Popelka continued and said staff recommended approval of the request with conditions.  

Chairman Reddin asked if someone came into the Town wanting an R1-300 zoning would this apply.  Mr. Popelka affirmed.

Commissioner Caine noted that many of the new conditions presented give discretion to the PZ Director, and it appears the Director is doing the job of the Board of Adjustment.  

Joe Andrews, OV Civil Attorney, reminded the commission that any decision made by the director is appealable to the Board of Adjustment.

Mary Walker, OV resident, presented the responses from the residents of La Cholla Airpark.

Gil Alexander, OV resident, showed pictures of the lots in La Cholla Airpark, a photocopy of the annexation agreement and resolution from the Town.  Mr. Alexander said that section 2 of the resoulution reads (the Town) "will bring forward a zoning ordinance as necessary to translate the County zoning to an equivalent Oro Valley zoning district to include an extension of the County zoning".   

Mary Walker addressed the staff recommended text amendments.  Ms. Walker presented a printed summary that addressed the residents concerns.  Ms. Walker said the residents objected to the conditions and restrictions the Town is requesting.

Mr. Alexander said residents of La Cholla Airpark are requesting their zoning requirements be returned to what it was before annexation.

Conrad Kundrat, OV resident, said he was opposed to the amendments as proposed by staff.

Bill Adler, OV resident, said the proposed text amendment does not make a lot of sense; the conditions proposed are not enforceable.  He stated the Board of Adjustment criteria cover all of the things the Airpark is concerned with.  The present process is well suited and is in place and works well. 

Judy Luster, OV resident, stated concern about going to the Board of Adjustment that it may reduce property values.  Ms. Luster did not agree with item 4d, the total square footage cannot exceed the main house. 

MOTION: A motion was made by Commissioner Caine and seconded by Vice Chair Hornat to deny OV7-09-008, La Cholla Airpark Inc., representing the 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 KingAir Drive.

Commissioner Buette said the commission has to be concerned about other residents and we do not want to feel like the board is being inflexible.

Commissioner Caine asked staff to address what was presented tonight and come back with a new proposal. Mr. Caine requested staff return and address the issue of setting precedent, how do we avoid this.

Chairman Reddin said he was in favor of accessory structures in the front yard but dissappointed at how it was presented by the residents.

Vice Chair Hornat said he was disappointed the commission and staff did not have access to the information presented by the residents before the meeting.  This needs to go back to the Board of Adjustment.

MOTION failed, 3-3 with Chairman Reddin, Commissioner Caswell, and Commissioner Master opposed.
 
MOTION: A motion was made by Commissioner Buette and seconded by Commissioner Caswell to continue OV7-09-008, to the Planning and Zoning Commission meeting in June, 2010.

Vice Chair Hornat said this was a good idean gone badly and should be sent back to Board of Adjustment. Vice Chair Hornat said he would not support a motion for continuance. 

MOTION carried, 5-1 with Vice Chair Hornat opposed.
 
4.

Planning Director Update


Mr. Popelka said the P&Z Commission will have one vacancy in June.

5.

Future Agenda Items


Opened and closed without comment. 

ADJOURNMENT

MOTION: A motion was made by Commissioner Caswell and seconded by Chairman Reddin to adjourn the P&Z Commission meeting at 7:41 p.m.

MOTION carried, 6-0.