MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION AGENDA
December 2, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

1.

Call to Order


2.

Roll Call


PRESENT: 
Chair Teree Bergman
Vice Chair Clark Reddin
Commissioner Bill Adler
Commissioner Joe Hornat
Commissioner Doug McKee
Commissioner Scott Merry

Also present:
K. C. Carter, Council Member
Sarah More, Planning and Zoning Director
Joe Andrews, Chief Civil Deputy, Town Attorney
Paul Keesler, Development Review Manager

Chair Bergman announced that Commissioner James Loughney passed away on Sunday and asked for a brief moment of silence in memory of Mr. Loughney.

3.

Call to the Audience opened and closed at 6:02 p.m. with no speakers.

Ms. More announced that the Town will be advertising for Planning and Zoning Commission and Historic Preservation Commission openings.

Ms. More introduced Paul Popelka, the incoming Assistant Planning and Zoning Director, who will officially join the staff on December 8, 2008.


4.

Approval of Minutes


Corrections to minutes:
Top of page 7 "promise of a golf course which is proposed to be taken out," 
change to:  Also there was a promise of a golf course to perspective and existing residents in NH5, which is proposed to be taken out."

Correct spelling of Komo Drive to Como on page 3, and on page 4 correct Marina to Marana. 
 
Page 3, 2/3 down page, western edge center line or not?  Change wording to Mr. Oland said the center line is somewhere over here. He pointed out the edge on the map. 

MOTION:  Commissioner Adler MOVED to approve the minutes with corrections. Vice Chair Reddin seconded the motion.  Motion carried, 6:0.

5.

Public Hearing:  OV7-08-09, The Planning & Zoning Department, requests approval of a General Plan text amendment to require neighborhood meetings prior to the submittal of general plan amendment applications.


Chair Bergman opened items #5 and 6 together. 

Ms. More gave the staff report.

Discussion followed regarding the nature of neighborhood meetings.

PUBLIC HEARING opened at 6:33 P.M. for OV7-08-09 and closed with no speakers.

PUBLIC HEARING opened at 6:34 p.m. for OV7-08-10 and closed with no speakers.

Comments from Commissioners:

Vice Chair Reddin said if this process can be handled and streamlined ahead of time it will save staff time.

Commissioner McKee said this was a good idea and agreed doing so as early as possible reduced time for those involved.  He suggested using other ways to advertise, i.e. newspapers, monthly Town paper, etc.

Chair Bergman was concerned that attendance will be small.  Agendas could be done to explain the general plan process before developers start their presentation.  The developer is making the proposal.  When Staff runs the meeting, it gives the impression to the public that staff is promoting the project.  Staff should be there as a resource. 

Commissioner Hornat said it should be made clear from the first who is running the meeting and staff’s role. 

Commissioner Adler said the fundamental tenant of community benefit agreements is to get the residents who are impacted to understand what is possible and what isn’t.  The meetings should be structured and knowledgably done.  There needs to be a separate meeting on process and we need to give people the chance to arrive at an agreement. 

Vice Chair Reddin said having a separate meeting may not be appropriate, but having the meeting preempted by a member of staff to discuss the process and then turning it over to the community may be an effective tool. 

Chair Bergman said the applicant could hold a NH meeting to start at a specific time and staff will describe the process prior to the applicant’s presentation. 

Commissioner McKee said billing the meetings as something that will impact their NH, would more likely draw a crowd.

MOTION:  Commissioner  McKee MOVED to approve OV7-08-09, the Planning and Zoning Department’s request for a Zoning Code text amendment to require neighborhood meetings prior to the submittal of General Plan amendment applications and change the submittal time frames as indicated in Exhibit A,  with a modification that the amount of time, minimum and maximum, that the neighborhood meeting is held prior to submittal of the formal application be included.  Commissioner Hornat seconded the motion. 

Discussion:
Commissioner Adler said he can’t vote in favor of the motion because there were too many stipulations he made that weren’t included. 

Commissioner McKee said he would leave the minimum and maximum time frame to Ms. More’s discretion.  Six months would be too much, but 2 months to 2 weeks before submission might work. 

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

MOTION:  Commissioner McKee MOVED to approve OV7-08-10, the Planning and Zoning Department’s request for a Zoning Code text amendment to require neighborhood meetings prior to the submittal of General Plan amendment applications and change the submittal time frames as indicated in Exhibit A, with a modification that the amount of time, minimum and maximum, that the neighborhood meeting is held prior to submittal of the formal application be included.  Vice Chair Reddin seconded the motion. 

There was no additional discussion.

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

6.

Public Hearing: OV7-08-10, The Planning & Zoning Department, requests approval of a Zoning Code text amendment to require neighborhood meetings prior to the submittal of general plan amendment applications and change the submittal time frames.
Items 5 and 6 were reviewed together.  See motion above.


7.

Discussion Item:  inform and solicit feed-back from the Planning & Zoning Commission with regard to staff suggested modifications to the Town’s review and permitting processes for new development.


Ms. More gave the staff report.

The Planning Commission discussed the proposal.

9.

Discussion Item:  Review of proposed changes to boards and commissions appointments process.


Chair Bergman asked for item #9 to be moved before #8 and 10.

Ms. More reviewed a memo that was written by Tory Schlievert regarding potential changes to the boards and commission appointment process. 

The Commission discussed and the majority were opposed to the proposal and indicated there is no current problem.  Commissioner McKee supported the change and to eliminate term limits.

8.

Discussion Item:  Including within staff reports to Planning and Zoning Commission and Town Council factors for and against approval.


Commissioners had the following suggestions:
- Recommendations in communication to TC from advisory boards should have factors for and against.
- Commission should be represented and their considerations relayed at TC meetings.
- If a commissioner is speaking at the TC meeting on behalf of an official board, it should be built into the process, not done by filling out a blue card. 
- The information should be in the communication rather than the minutes. 
- Staff could draft a letter from the Commission to explain in more detail. 
- Once the Commission has made a decision, it should not be presented and debated over and over again.  Although if any Commissioner feels they are not being represented, they should be able to speak.
- It is a person’s right if they want to speak, but should be clarified in writing that they are speaking for themselves.  The Commission meetings are the appropriate place for debate.
- There are 2 phases to decision making:  Phase 2 is TC final decision, and all should support that action.  In phase 1 it is the right and duty of all parties involved that all facts, implications, etc., are known.  TC and the public should understand as fully as possible.  TC and public are entitled to hear majority and minority opinion.  Commissioner should take an active role in educating TC on findings by voicing their opinion.

The Chair asked staff to agendize this for action.

10.

Discussion Item:  Participation of individual Commission members at Town Council hearings and/or discussions with Council outside of meetings.  (Discussed with #8.)


11.

Adjourn Regular Session


MOTION:  Commissioner Reddin MOVED to adjourn the Planning and Zoning Commission meeting.  Commissioner McKee seconded the motion.  Motion carried 6:0.  Meeting adjourned at 8:17 p.m.