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MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
SPECIAL SESSION
January 10, 2023
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
             
SPECIAL SESSION AT OR AFTER 6:00 PM
             
CALL TO ORDER

Vice Chair Herrington called the meeting to order at 6:00 p.m.
             
ROLL CALL
Present: Kimberly Outlaw Ryan, Commissioner  
  Skeet Posey, Commissioner  
  Jacob Herrington, Vice Chair  
  Daniel Sturmon, Commissioner  
  Joseph Nichols, Commissioner  
  Anna Clark, Commissioner  
Staff Present: Joe Andrews, Chief Civil Deputy Attorney
David Laws, Permitting Manager
Paul Keesler, Public Works Director/Town Engineer
Attendees: Melanie Barrett, Council Liaison
             
PLEDGE OF ALLEGIANCE

Vice Chair Herrington led the Commission and audience in the Pledge of Allegiance.
             
CALL TO AUDIENCE

The following individuals spoke on the Oro Valley Church of the Nazarene rezoning request:

- Oro Valley resident Anthony Ferrara
- Oro Valley David Deivert
- Oro Valley resident Eva Ann Young
- Oro Valley resident Vicky Tarris (speaking on behalf of neighbor Linda Frew)
- Oro Valley resident Tim Tarris
- Oro Valley resident Doug Dalby
- Oro Valley resident Darlene Bakken

Vice Chair Herrington closed the Call to Audience.
             
COUNCIL LIAISON COMMENTS

Council Liaison Melanie Barrett spoke about the upcoming General Plan process and next Strategic Leadership Plan.
             
SPECIAL SESSION AGENDA
             
   1. REVIEW AND APPROVAL OF THE DECEMBER 6, 2022 REGULAR SESSION MEETING MINUTES
             
  Motion by Commissioner Joseph Nichols, seconded by Commissioner Anna Clark to approve the December 6, 2022 meeting minutes.

             
         

  Vote: 6 - 0 Carried
             
   2. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON FOUR SEPARATE ITEMS REGARDING A PROPOSED OFFICE AND DRIVE-THRU DEVELOPMENT LOCATED AT THE NORTHWEST INTERSECTION OF NARANJA DR. AND LA CAÑADA DR. THE ITEMS INCLUDE:

ITEM A: CONDITIONAL USE PERMIT FOR THE DRIVE-THRU
ITEM B: RECONSIDERATION OF A 2006 GRADING EXCEPTION CONDITION
ITEM C: CONCEPTUAL SITE AND LANDSCAPE PLAN
ITEM D: CONCEPTUAL ARCHITECTURE FOR THE PROPOSED BUILDINGS
  Senior Planner Hannah Oden provided a presentation that included the following:

- Purpose
- Location Map
- History and Background
- Applicant's requests
- Item A: Conditional Use Permit
- Item A: Conditional Use Permit - Compatibility
- Item A: Conditional Use Permit - Traffic
- Item A: Conditional Use Permit - Distance Reduction
- Item B: reconsideration of grading exception condition
- Item C: conceptual site plan and landscape plan
- Item D: architecture
- Review criteria
- Public participation
- Summary
- Suggested motions 

Paul Oland with Paradigm Land Design representing the applicant, provided a presentation that included the following:

- Turn lanes will be modified at access points to subject property
- All residences are over 250 feet away from the drive-thru menu board
- Entitlement rights on property; the Conditional Use Permit (CUP) is only needed for the drive-thru use
- The grading from 15 years ago was filled in to solve a public health problem
- Reviewed the architecture and approval criteria
- The applicant accepts all of staff's recommended conditions

Vice Chair Herrington opened the public hearing.

The following individuals spoke on Agenda Item #2.

- Oro Valley resident Steve Narney
- Oro Valley resident Danette Bewley

Vice Chair Herrington closed the public hearing.

Discussion ensued among the Commission, staff and applicant.
             
  Motion by Commissioner Daniel Sturmon, seconded by Commissioner Skeet Posey to recommend denial of a Conditional Use Permit for a proposed drive-thru, located at the northwest intersection of Naranja Drive and La Cañada Drive, based on the finding that the traffic patterns seem very unsafe and will cause further congestion.

             
         

  Vote: 4 - 1 Carried
 
OPPOSED: Commissioner Anna Clark
Other: Commissioner Kimberly Outlaw Ryan (ABSTAINING)
             
  Motion by Commissioner Daniel Sturmon, seconded by Commissioner Anna Clark to recommend conditional approval of the reconsideration of a Grading Exception condition for a commercial development, located at the northwest intersection of Naranja Drive and La Cañada Drive, subject to the Grading Exception Waiver conditions in Attachment 1, based on the finding that the request complies with all Zoning Code criteria.

             
         

  Vote: 6 - 0 Carried
             
  Motion by Commissioner Skeet Posey, seconded by Commissioner Joseph Nichols to recommend denial of a Conceptual Site Plan and Landscape Plan for a commercial development, located at the northwest intersection of Naranja Drive and La Cañada Drive, based on the finding of the traffic issues.

             
         

  Vote: 4 - 1 Carried
 
OPPOSED: Commissioner Anna Clark
Other: Commissioner Kimberly Outlaw Ryan (ABSTAINING)
             
  Motion by Commissioner Skeet Posey, seconded by Commissioner Daniel Sturmon to recommend denial of conceptual architecture for a commercial development, located at the northwest intersection of Naranja Drive and La Cañada Drive, based on the finding that traffic can be a hazard.

             
         

  Vote: 4 - 1 Carried
 
OPPOSED: Commissioner Anna Clark
Other: Commissioner Kimberly Outlaw Ryan (ABSTAINING)
             
   3. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A CONDITIONAL USE PERMIT FOR A PROPOSED SELF-STORAGE AND RETAIL CENTER, LOCATED ADJACENT TO THE NORTHWEST INTERSECTION OF TANGERINE ROAD AND LA CANADA DRIVE
  Planner Kyle Packer provided presentation that included the following:

- Purpose
- Location Map
- Applicant proposal
- Master development plan and zoning
- CUP criteria: health, safety, welfare and hours of operation
- CUP criteria: compatibility
- CUP criteria: traffic volume and character
- CUP criteria: general plan conformance
- Public participation
- Summary and recommendation

Keri Silvyn, representing the potential developer, introduced her team. Mr. Brody Glenn, with Centennial American Properties, spoke about his company, the core business focus on self-storage developments and this site. For this project to be successful, will need to solve the traffic issues and work with Leman Academy to purchase/develop a portion of the property.

Ms. Silvyn continued with a presentation that included the following:

- Zoning map
- Miller Ranch Master Planned Area
- Miller Ranch (2018)
- Miller Ranch location map
- New site plan
- Building reoriented
- Context and setbacks
- Traffic comparison
- Updated architecture
- Neighborhood concerns

Mike Farley with Leman Academy, supports this project. This is an opportunity to purchase the land at a low price and improve traffic issues with the school.

Vice Chair Herrington opened the public hearing.

 The following individuals spoke as opposed to Agenda Item #3:

- Oro Valley resident Kathyryn Hull Butkus
- Oro Valley resident Carlos Cruz

The following individual spoke in support of Agenda Item #3:

- Oro Valley resident Bryan Davies

Vice Chair Herrington closed the public hearing.

Discussion ensued among the Commission, staff and applicant.
             
  Motion by Commissioner Anna Clark, seconded by Commissioner Joseph Nichols to recommend approval of a Conditional Use Permit for a proposed self-storage business located northwest of Tangerine Road and La Cañada Drive, subject to the conditions in Attachment 1 and added condition of the business must close at 10:00 p.m instead of 11:00 p.m, based on finding the request complies with the review criteria in Section 22.5.A of the Zoning Code.

             
         

  Vote: 5 - 0 Carried
 
Other: Commissioner Kimberly Outlaw Ryan (ABSTAINING)
  The Commission took a short recess at 8:04pm and resumed at 8:15pm.
             
   4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTIONS REGARDING A PROPOSED SURF-THRU CAR WASH, LOCATED ON THE SOUTHWEST CORNER OF ORACLE ROAD AND WATER HARVEST WAY WITHIN THE ORO VALLEY MARKETPLACE. THE TWO ITEMS INCLUDE:
  1. CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF A DRIVE-THRU CAR WASH (CASE NUMBER 2201105)
  2. ARCHITECTURE (CASE NUMBER 2202706)
  Principal Planner Michael Spaeth provided a presentation that included the following:

- Purpose
- Subject property location
- Item A - Conditional Use Permit
- Item B - Architecture
- Summary and Recommendation

David Little with The WLB Group, representing the applicant, spoke regarding the site plan and traffic circulation; the noise study meet's Town Code; and, the architecture is consistent with the Oro Valley Marketplace guidelines.

Discussion ensued among the Commission, staff and applicant.

Vice Chair Herrington opened the public hearing.

There were no speaker requests.

Vice Chair Herrington closed the public hearing.
             
  Motion by Commissioner Joseph Nichols, seconded by Commissioner Anna Clark to recommend conditional approval of the proposed conditional use permit, subject to the condition listed in Attachment 1, based on a finding it is consistent with all applicable General Plan and Zoning Code requirements.

             
         

  Vote: 6 - 0 Carried
             
  Motion by Commissioner Joseph Nichols, seconded by Commissioner Anna Clark to recommend approval of the proposed architecture, based on a finding it is consistent with the Oro Valley Marketplace Master Architectural Design Guidelines and all applicable Zoning Code requirements.

             
         

  Vote: 6 - 0 Carried
             
   5. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A REVISED MASTER SIGN PROGRAM FOR THE PROPERTY LOCATED ON THE WEST SIDE OF ORACLE ROAD, A HALF MILE NORTH OF FIRST AVENUE, KNOWN AS STEAM PUMP VILLAGE (Report updated January 5, 2023 at 12:33 p.m.)
  Senior Planning Technician Patty Hayes provided a presentation that included the following:

- Purpose
- Location
- 1. Wall signs
- Commercial Developments
- 300' distance from right-of-way
- Conditions of Approval
- 2. Color Palette
- 3. Monument Sign
- 4. Clean up and clarifications
- General Plan
- Summary and recommendation

Applicant Rick Volk with the Volk Company, provided a presentation that included the following:

- Views of existing signs from closest lane of Oracle Rd
- Seeking balance and fairness for the businesses
- Samples of existing sign colors

Vice Chair Herrington opened the public hearing.

- Beth Brown spoke in support of Agenda Item #5.

Vice Chair Herrington closed the public hearing.

Discussion ensued among the Commission and staff.
             
  Motion by Commissioner Anna Clark, seconded by Commissioner Skeet Posey to recommend approval of the revised master sign program, with the conditions in Attachment 2, for the subject property based on the finding it is in conformance with the General Plan and applicable Design Principles and Standards of the zoning code.
 

             
         

  Vote: 6 - 0 Carried
             
   6. DISCUSSION REGARDING THE TOWN'S PROGRESS ON IMPLEMENTING THE YOUR VOICE, OUR FUTURE GENERAL PLAN AND OPPORTUNITIES TO PARTICIPATE IN THE NEXT GENERAL PLAN UPDATE
  Principal Planner Milini Simms provided a presentation the include the following:

- What is a General Plan?
- Growing smarter legislation
- YVOF - three years of planning
- Your Voice, Our Future (YVOF) General Plan
- Importance of the General Plan
- 2022 progress report
- Notable accomplishments and ongoing work
- Remaining land use and zoning items
- First milestone: the Community Engagement Plan (CEP)
- We need everyone's voice!
- Future board/commission involvement
- Summary and next steps

Discussion ensued among the commission and staff.
             
   7. ELECTION OF CHAIR FOR THE PLANNING AND ZONING COMMISSION EFFECTIVE JANUARY 11, 2023
             
  Motion by Commissioner Anna Clark, seconded by Commissioner Skeet Posey to nominate Jacob Herrington to serve as Chair.

             
         

  Vote: 6 - 0 Carried
             
   8. ELECTION OF VICE CHAIR FOR THE PLANNING AND ZONING COMMISSION EFFECTIVE JANUARY 11, 2023
             
  Motion by Commissioner Skeet Posey, seconded by Vice Chair Jacob Herrington to nominate Dan Sturmon to serve as Vice Chair.

             
         

  Vote: 6 - 0 Carried
             
PLANNING UPDATE (INFORMATIONAL ONLY)

Principal Planner Michael Spaeth provided updates on two upcoming neighborhood meetings and agenda items for the next Planning and Zoning Commission meeting.
             
ADJOURNMENT
             
  Motion by Commissioner Anna Clark, seconded by Commissioner Daniel Sturmon to adjourn the meeting.

  Vice Chair Herrington adjourned the meeting at 9:06 p.m.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Planning and Zoning Commission of Oro Valley, Arizona held on the 10th day of January 2023. I further certify that the meeting was duly called and held and that a quorum was present.

___________________________
Jeanna Ancona
Senior Office Specialist

    

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