Agenda

Return
MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION February 7, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE

REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER

Chair Herrington called the meeting to order at 5:00 p.m.

ROLL CALL

Present:	Joe Nichols, Commissioner
	Kimberly Outlaw Ryan, Commissioner
	Skeet Posey, Commissioner
	Daniel Sturmon, Vice Chair
	Jacob Herrington, Chair
Absent:	Anna Clark, Commissioner
Staff Present:	Bayer Vella, Planning Manager
	Joe Andrews, Chief Civil Deputy Attorney

EXECUTIVE SESSION - Pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice regarding the Oro Valley Church of The Nazarene rezoning application.

Chair Herrington announced the Commission will be going into Executive Session at 5:01 p.m. Chief Civil Deputy Attorney Joe Andrews announced who will be in the Executive Session: Joe Andrews, Jeanna Ancona, Bayer Vella, Attorney Nathan Rothschild (with Mesch, Clark & Rothschild) and the present Commission members.

RESUME REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Chair Herrington called the meeting to order at 6:06 p.m.

ROLL CALL

Present:	Joe Nichols, Commissioner
	Kimberly Outlaw Ryan, Commissioner
	Skeet Posey, Commissioner
	Daniel Sturmon, Vice Chair
	Jacob Herrington, Chair

Absent:	Anna Clark, Commissioner

Staff Present:	Bayer Vella, Planning Manager
	Joe Andrews, Chief Civil Deputy Attorney Paul Keesler, Public Works Director/Town Engineer

Attendees:	Melanie Barrett, Town Council Liaison

PLEDGE OF ALLEGIANCE

Chair Herrington led the Commission and audience in the Pledge of Allegiance.

CALL TO AUDIENCE

There were no speaker requests.

COUNCIL LIAISON COMMENTS

Council Liaison Melanie Barrett provided updates on Planning cases recently heard by Town Council, an upcoming Town Council Strategic Leadership Meeting and the next Town Council meetings. Ms. Barrett also spoke on the General Plan community engagement meetings.

REGULAR SESSION AGENDA

REVIEW AND APPROVAL OF THE JANUARY 5, 2023 STUDY SESSION MINUTES AND THE JANUARY 10, 2023 SPECIAL SESSION MEETING MINUTES


				Motion by Commissioner Kimberly Outlaw Ryan, seconded by Commissioner Skeet Posey to approve the January 5 and January 10, 2023 meeting minutes.

				Vote: 6 - 0 Carried

	2.			PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON TWO ITEMS REGARDING PROPOSED DEVELOPMENT BY THE ORO VALLEY CHURCH OF THE NAZARENE, LOCATED ON THE NORTHEAST CORNER OF THE CALLE CONCORDIA AND CALLE BUENA VISTA INTERSECTION. THE ITEMS INCLUDE: ITEM A: REZONING FROM PS, CHURCH OF THE LDS PAD AND R1-144 TO ORO VALLEY CHURCH OF THE NAZARENE PLANNED AREA DEVELOPMENT FOR APPROXIMATELY 27 ACRES (2002978) ITEM B: CONCEPTUAL ARCHITECTURE FOR A NEW MULTI-PURPOSE BUILDING AND CONCESSION BUILDING AT THE ORO VALLEY CHURCH OF THE NAZARENE (2002978)
				Senior Planner Hannah Oden provide a presentation that included the following: - Purpose - Item A: Planning and Zoning Commission Public Hearing - Item A: Proposed Rezoning - Item A: Proposed modifications to zoning - Item A: Zoning Code conformance for new PADs - views - Item A: Zoning Code Conformance for new PADs - Environment - Item A: Zoning Code Conformance for new PADs - Compatibility - Item A: General Plan Conformance - Item A: Public Participation - Item A: State mandated Town Council voting requirement - Item B: Architectural Review - Design context - Item B: Conceptual architecture for multi-purpose building - Summary and Recommendation Mr. Paul Oland, representing the applicant, spoke on the six submittals over the past two years, including professional studies conducted, that have addressed staff's comments, questions and concerns. He also spoke about the road and traffic conditions. Chris Collins, Executive Pastor for the Oro Valley Church of the Nazarene, spoke about misconceptions and misunderstandings currently in the public and the character assassinations that are being posted. He also spoke about the impact church has on the community and what it provides. Several neighbors of the church provided statements and speeches in support of the church rezoning. Mr. Oland stated the speakers are part of their presentation to dispute the rumor that all the neighbors are against the rezoning. Craig Coulter, Lead Pastor for the Church, stated they have honored the Town's requests and have gone through the rezoning process as asked, but this comes down to land use. As a church, both the state and federal government have given them land use rights. Jerry Steel, the attorney representing the church, stated their position as a church, in the law, is strong by citing both state and federal laws. Chair Herrington opened the public hearing. The following individuals spoke in opposition to Agenda Item #2: - Oro Valley resident Don Cox (via Zoom) - Oro Valley resident David Deivert - Oro Valley resident Joanne Michaelsen - Oro Valley resident Anthony Ferrara - Oro Valley resident Mike Cadden - Oro Valley resident Ann Young - Oro Valley resident Tim Tarris - Oro Valley resident Vicky Tarris - Previous neighbor Denise spoke on behalf of Oro Valley resident Julie Young - Oro Valley resident Elizabeth Robb - Oro Valley resident Cheryl Horvath - Oro Valley resident Devin Smith - Oro Valley resident Wilbur Taylor - Oro Valley resident Shirl Lamonna - Oro Valley resident Doug Dalby - Oro Valley resident Robin Rainwater - Oro Valley resident Joseph Wade - Oro Valley resident Karen Steinbronn - Oro Valley resident Mary Topmiller - Oro Valley resident Timothy Fagen - Oro Valley resident Pam Housman - Previous speaker Devin Sloan read letter on behalf of Liam DaDeppo - Oro Valley resident Sonny Durante The following individuals spoke in support of Agenda Item #2: - Oro Valley resident Jane Porter - Oro Valley resident Janie Nunez - Robert Dreher - Jeannie Hayward - Oro Valley resident Scott Peterson - Clint Peek - Oro Valley resident Morris Hicks - Oro Valley resident Pamela Bird - Oro Valley resident Clint Kays - Oro Valley resident Laurel Marble The following individuals were called to speak, but were not present at the time: - Oro Valley resident Darlene Bakken - Dylon Vaughn - Claire Hendrickson Chair Herrington closed the public hearing. Chair Herrington announced at 8:50 p.m. the Commission would take a short recess. The meeting resumed at 9:03pm. Joe Andrews made a statement regarding the Commission's recommendation to Town Council; the Commission must consider all the information received and presented in this rezoning case, in addition to the legal advice given in Executive Session. Discussion ensued among the Commission, applicant and staff.


				Motion by Commissioner Kimberly Outlaw Ryan, seconded by Vice Chair Daniel Sturmon to recommend denial of a rezoning from PS, Church of the LDS PAD, and R1-144 to Planned Area Development for the Oro Valley Church of the Nazarene, located at the northeast intersection of Calle Concordia and Calle Buena Vista, based on the finding that it is incompatible with current General Plan and land use designations.

A roll call vote was taken:

Commissioner Nichols - Nay
Commissioner Outlaw Ryan - Aye
Commissioner Posey - Aye
Vice Chair Sturmon - Aye
Chair Herrington - Nay

Vote: 4 - 2 Carried

OPPOSED:	Commissioner Joe Nichols
	Chair Jacob Herrington


				Motion by Commissioner Kimberly Outlaw Ryan, seconded by Vice Chair Daniel Sturmon to recommend approval of conceptual architecture for a new concession and multi-purpose building for the Oro Valley Church of the Nazarene, located at the northeast intersection of Calle Concordia and Calle Buena Vista, based on the finding that the request complies with all applicable Zoning Code criteria.

A roll call vote was taken:

Commissioner Nichols - Aye
Commissioner Outlaw Ryan - Aye
Commissioner Posey - Aye
Vice Chair Sturmon - Aye
Chair Herrington - Aye

				Vote: 6 - 0 Carried

PLANNING UPDATE (INFORMATIONAL ONLY) Planning Manager Bayer Vella updated the Commission on the general plan advisory group meetings and the next Commission meeting. He also thanked Senior Planner Hannah Oden for her service with the Town.

ADJOURNMENT


				Motion by Vice Chair Daniel Sturmon, seconded by Commissioner Skeet Posey to adjourn the meeting. Chair Herrington adjourned the meeting at 9:42 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 7th day of February 2023. I further certify that the meeting was duly called and held and that a quorum was present.

___________________________
Jeanna Ancona
Senior Office Specialist