MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION AGENDA
April 7, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
PRESENT:
Chair Teree Bergman
Vice Chair Clark Reddin
Commissioner Bill Adler
Commissioner Joe Hornat
Commissioner Robert La Master
Commissioner Alan Caine
Commissioner Scott Merry
Also Present:
Mayor Paul Loomis
K.C. Carter, Vice Mayor, Council member
Sarah More, Planning and Zoning Director
Joe Andrews, Chief Civil Deputy, Town Attorney
Paul Keesler, Development Review Division Manager
Chair Bergman welcomed new Commission members Alan Caine and Robert La Master.
MOTION: Commissioner Adler MOVED to approve the February 3, 2009, Planning and Zoning Commission meeting minutes as presented. Commissioner Merry seconded the motion. Motion carried 7:0.
Patty Hayes, Zoning Inspector, gave the staff report.
Applicant Eileen Shenker, president of Success Seminars, has been in this type of business for 28 years. They travel and do seminars around the country. No clients come to the house, nor is anything sold out of the house. The part time employee helps with computers, bookkeeping, and clerical work, and parks in the driveway.
Questions from Commissioners:
Commissioner Adler asked in terms of proposals you send out to prospective customers, it is probably sent through something like FedEx or special deliveries. How often would those kinds of delivery trucks be visiting your home either to pick up or deliver?
Mrs. Shenker said she usually drops items in the delivery box when she goes out. Delivery trucks rarely come to the house, maybe three times a year. Work is done via email, fax and an occasional Fed Ex. She is not aware of any increase in traffic on her street due to her business. There are no customers nor anyone coming to buy or sell anything.
Commissioner Adler said, regarding her part time employee who visits the home when Mrs. Shenker is not there, he would want the police to know who this person was so they had a record and knew they had a key and access. This seems to be a safety issue.
Mrs. Shenker responded that she works for the Temp Connection and is not actually her employee. Background and credit checks were done on the employee. Also when traveling for any length of time they contact Dark House and they also have her name, etc. On occasions when the employee is
Chair Bergman reminded the audience that this is not a rezoning.
PUBLIC HEARING opened at 6:12 p.m.
Ron Russo, Oro Valley resident and next door neighbor, supports this petition. They are glad someone is there when the Shenkers are gone. He has not noticed any more delivery trucks as a result of their business. There may be cars in the driveway, but there are cars in driveways at other homes as well.
Margaret Somerholter, Oro Valley resident, has no problems with them parking in the driveway She does not see delivery trucks coming. She is in full support of this proposal.
PUBLIC HEARING closed at 6:15 p.m.
Discussion:
- Commissioner Hornat expressed concern about a letter challenging the issue of cars.
- Commissioner Caine asked what recourse the Town has if activities changed on this property in the future?
Response: Ms. Hayes said she would speak with them, issue a letter of violation, their business license and permit could be revoked if a violation were found on the property, and it could go to citation if necessary.
MOTION: Commissioner Merry MOVED to approve OV04-09-01, that will establish a Home Occupation Type II allowance for a home office, with one non-resident employee, located at 1860 E. Andromeda Place. Commissioner Caine seconded the motion. Motion carried 7:0.
Karen Berchtold, Senior Planner, gave the staff report.
Applicant Ron Jackson, Curry Architecture, representing Holiday/Harvest Retirement, is requesting a text amendment for the mature adult quarters, asking for rewording of the requirement for full kitchen units. Experience has shown that a requirement for a full kitchen is not a common practice. More seniors are no longer attracted to self-contained, full kitchen dwellings. Communal dining areas are desired. The text amendment would grant significant reduction to overall developments costs for each of the facilities, which would be passed down to residents. This would give seniors a choice and is also a safety factor.
Response to Commissioner’s questions:
- Kitchenettes include a refrigerator, a sink, and counter space.
- If approved cottages could be communal dining with no kitchens.
- Development cost difference would be about $1500 per unit, not including the space requirement. Applicant did not have an answer regarding rental costs.
- Holiday Harvest Retirement owns the property and leases month to month.
- Ms. More said there is no requirement that communal dining facilities have to be located in one or all buildings on site. There is no limit to size of facilities with regard to the number of dwelling/sleeping units. If the text is amended, mature adult quarters would not require stoves.
PUBLIC HEARING opened and closed at 6:50 p.m. with no speakers.
Discussion:
Commissioner Merry asked if the P&Z Commission has an opportunity to deal with a specific variance to this property?
Attorney Andrews responded no.
Chair Bergman said not for a variance, but for the Conditional Use Permit (CUP).
Commissioner Merry said Green Valley has a number of this type of units specifically for safety. We do have to recognize that as people age, their body changes.
Commissioner Adler will not support this proposal. There is no zoning category in Oro Valley and there shouldn’t be. This is a cut rate independent living facility and defies the character of our town. Safety is not a problem. The real issue here is what Mr. Jackson said, is to put stoves in will reduce the number of units he can put on this property. I don't think there is market demand. It has not been substantiated. The question of affordability has not been documented. He will not support a proposal this vague and undefined. In his experience in visiting a lot of these places, this would be a bad idea for Oro Valley.
Commissioner Hornat will not support this proposal as it is too broad. Cottages with no kitchens or stoves are vacation cabins to be rented for two or three days.
Vice Chair Reddin supports the proposal. He has dealt with this personally having to move family from full kitchens to full service. It allows for flexibility for our elderly.
Commissioner La Master supports the proposal. He has also gone through this with family. Options are much broader now. The number of units is not that excessive even without the kitchens.
Commissioner Caine supports the proposal. There will be opportunity to look at particular applications in the future.
Chair Bergman supports this amendment. The country has an aging population. The kind of living arrangements desired and needed is changing. There is a market for units that do not contain stoves. People move to these because they are not able or want to cook any more.
MOTION: Vice Chair Reddin MOVED to recommend that the Town Council approve with conditions, OV7-09-001, Curry Architecture LLC, request to amend the OVZCR, Chapter 31: Definitions, as provided in Exhibit A. Commissioner La Master seconded the motion. Motion carried 5 yes, 2 no. Commissioners Adler and Hornat voting no for reasons stated above.
Jonathan Lew, Planning Technician, gave the staff report.
- Attorney Andrews confirmed the Commission did recommend a 20 square foot sign maximum.
- Ms. More said the copy of the existing sign code attached to the report is in error as it doesn’t include the provisions the Council already adopted, which were to exclude non-commercial.
PUBLIC HEARING opened and closed at 7:10 p.m. with no speakers.
Discussion:
Commissioner Caine asked why civil penalities were needed.
Attorney Andrews stated that this was specifically requested by a Council member after that last election. This will be in the Town Code.
MOTION: Commissioner Caine MOVED to recommend that Town Council approve OV7-08-08, with the recommendation that a reasonable distance a business may place a human sign is the nearest arterial street intersection as defined by the Planning and Zoning Director or designee. Vice Chair Reddin seconded the motion. (Discussion: none.) Motion carried 6:1, with Commissioner Merry voting no.
Ms. More stated Town Council directed staff to work with the business community to look at the sign code. Staff met with business owners and Commissioner Adler to hear concerns regarding A-frame signs and alternatives. This will go to Council Study Session April 22. Should Council so direct, this would come back to the Planning and Zoning Commission.
Commissioner Adler said the Town needs to respond to this recessionary period, recognizing that retail businesses are struggling to make money. Business owners should be allowed to apply for a hardship exception based on location. It would the owner’s task to support what kind of exception to the sign code would give them relief. The Administrator could determine hardship relief based upon location exception.
Discussion followed regarding A-frames:
- concern about geographical location
- consider grouping signs
- A-frames should only be pedestrian oriented, not viewed from a moving car
- never allowed in a right of way or to restrict movement
- size and number restricted
- readable
- considered for context and purpose
- a code provision for off-site signs.
Chair Bergman allowed the following speaker.
Mandy Bramble, owner of a car wash, agrees with what has been said tonight as her business is behind buildings and difficult to see. She understands the beauty of the Town and delicacy of the desert, but as a business owner says there can be attractive signage. A-frames can become cumbersome, but when our A-frame is out, it draws 65% more business. This brings forward that something needs to be done. Directional signage is needed and maybe short term banner signs.
- Development review activity is down allowing us to focus on work plan projects.
- We currently are processing a PAD amendment for Ventana Medical Systems regarding height and working on a master development plan for their entire campus to facilitate their future expansion.
- The landscape code amendment relating to significant water savings on commercial sites is in the process.
- The Environmentally Sensitive Land Ordinance project has begun, a contract issued and a consultant is on board. Technical and Public Advisory Committees have been formed.
- The Arroyo Grande master plan is on hold pending budgetary and staffing issues with the State Land Department.
- The Green Team is active and took a sustainability plan to Town Council for approval. Staff is working on securing grant funding under the stimulus bill.
- We are hoping for stimulus money through State Parks Department. The State Historic Preservation Office (SHPO) is under the Parks Department. We received a grant to restore the Steam Pump ranch house which was immediately withdrawn by the State. The Western Regional Office of the National Historic Trust is pressuring the State to release those funds. Congresswoman Giffords has placed in an appropriations bill funding for SPR renovation but that is held up by the State because SHPO’s review to place SPR on the National Register is also held up.
- The Town’s 35th anniversary on April 17 is a ticketed event with an open house on the 18th.
- Council is currently considering the budget. Commissioners are encouraged to review the budget and provide the Council with your input regarding the range of services the Town provides.
- Neighborhood meeting restructuring is being worked on.
- New commissioner interviews and training in preparation for June’s transition.
- Master sign programs reviewed.
MOTION: Vice Chair Reddin MOVED to adjourn the Planning and Zoning Commission meeting. Commissioner Caine seconded the motion. Motion carried 7:0. Meeting adjourned at 7:40 p.m.