MOTION:  Commissioner Adler MOVED to approve the May 5, 2009, Planning and Zoning Commission minutes as presented.  Commissioner La Master seconded the motion.  Motion carried 7:0.

Commissioner Merry excused himself due to a potential conflict of interest.

Michael Spaeth, Planner, gave the staff report and PowerPoint presentation.   

Clarification discussion points:

Mike Spaeth, Planner, noted that potential traffic problems at the grand opening were analyzed and contingency plans considered. The road in is wide enough to place cones to direct traffic. There is space for additional stacking if necessary.

Commissioner Adler noted that the orientation of the building on the pad does not seem to be compatible with other buildings on the development plan.  This one faces east to Oracle Road.  Signage will face east, which none of the other buildings have.  Staff’s analysis is that there are site constraints in the small southern tip. Other areas had space to orient away from Oracle Road.  There is no access on the west side of the pad.

Ms. More added that on the approved Development Plan the building orientation is the same. The issue tonight is focused on the drive-through element of the restaurant.  Historically staff has attempted to have drive-throughs hidden from Oracle.  This location staff believes is the best for the community and functionality.

Anytime traffic stacks beyond the menu board is when associates are dispatched to go out to facilitate taking orders to minimize wait times.

Applicant, Ron Volle, Real Estate Manager for In-n-Out Burger, 13502 Hamburger Lane, Baldwin Park, CA, gave a brief background of the company which has been in business since 1938.  The first opening in a new area tends to have more business.  Not as much traffic is expected at this location.  Demographics are different. Regarding compatibility, all restaurants are facing parking lots.  We put the building in the same position as the planned restaurant building was. 

Keith Gilbert, Project Manager for this site gave a brief PowerPoint presentation.  A number of reiterations have been gone through on this site.  The pad at the south end is a better layout for the business and customers.  A line of site study was done to residences behind.  The drive-through on the west side would be screened from Oracle and by vegetation on the west. 

Clarification discussion points:
-  Entrances to the building are on the east and south sides. 

David Malin, Vestar Development, Phoenix, addressed the compatibility issue.  The big boxes are oriented with the backs of the buildings to Oracle and Tangerine.  The fronts of the stores face the parking lot.  Retail businesses always have the fronts facing the parking lot.  This pad and building front always faced east.  It was always planned and approved that way.  This is the best situation because the drive-through is hidden from Oracle.  This is the priority of the Town.  Every retail building in this project faces the parking lot.  We are complying with the approved Development Plan. 

Public hearing opened at 6:30 p.m.

Renee Hobrock, Oro Valley resident, expressed her agreement with the In-N-Out Burger coming to the Oro Valley Marketplace.  It is appropriate to put there and it will be advantageous.  The diagrams and pictures look very nice.  It will generate income.

Public Hearing closed at 6:32 p.m.

Comments from Commissioners:

Vice Chair Reddin said the design is thoughtful and uses principals in design we have asked for.  He will vote in favor.

MOTION:  Commissioner Caine MOVED to approve OV8-09-002, GreenbergFarrow, representing In-N-Out Burger, request for approval of a conditional use permit for a restaurant with a drive-through, located within the Oro Valley Marketplace in close proximity to the Oracle Road and Tangerine Road intersection.  Commissioner La Master seconded the motion:

Discussion:

Chair Bergman would have preferred to not have signage facing Oracle Road, but only the drive-through is being consideredtonight.  It makes sense to put it where it is not visible.

Commissioner Adler won’t support the motion because he disagrees with Mr. Malin.  The drive-through, if positioned at the rear of the property closest to Oracle Road, would not be that obvious because of the difference in elevation between Oracle and the property.  The compatibility issue is critical.  He has no problem with the company.  The orientation on the lot is not desirable, so he won’t support the motion.

Motion carried 5-1, with Commissioner Adler voting no, and Commissioner Merry excused from this item.

Commissioner Merry returned to the meeting.

David Ronquillo, Senior Planner, gave the staff report.  

Clarification discussion points:

- The first Conditional Use Permit approval for 911 Collision, had 19 parking spaces.  The total of 19 spaces is adequate based on staff’s analysis. 

Applicant, Dan Castro, Rick Engineering Company, representing Hertz Rentals, said they are in compliance with the General Plan and Zoning Code, and that there are no negative impacts.  Hertz and 911 Collision Center work together.  They expect two or three transactions per day.  They will be using existing access points.  Robert Breeding, Area Manager with Hertz was also present.

Clarification discussion points:

- Hours of operation will be the same as 911 Collision Center and closed on weekends.
- Hertz main branch is on Ina Road and will supply cars to this location from there.

PUBLIC HEARING opened and closed at 6:47 p.m. with no speakers

Comments:

Commissioner Caine asked why didn’t Hertz make application before opening the office.

Ms. More said it is not typical in Zoning Codes to have conditional use permits (CUP) required for auto rental agencies.  The fact that there was already a CUP on this entire building may have lead to some misconception.  Zoning staff got in touch with Hertz, and they came in and met with the planning staff to learn what needed to be done.

MOTION:  Commissioner La Master MOVED to approve Hertz Rental Car, represented by Rick Engineering Company, request for approval of a conditional use permit for a rental car facility on lot 12 of Mercado Del Rio.   Commissioner Hornat seconded the motion.  Motion carried 7:0.  There was no discussion.

- Ms. More thanked Chair Bergman and Commissioner Adler for their years of service on the Planning and Zoning Commission. 

- There will be two new members appointed by Town Council on June 17th.  Ms. More introduced Mary Caswell as one of the recommended applicants. Mrs. Caswell served on the Development Review Board for 7 years.

- Development on Hampton Inn at the northwest corner of Oro Valley Marketplace, in an area previously planned for offices, is in process now.

- Development at the Shoppes at Oracle has stopped; staff is concerned for public safety and drainage as we enter in monsoon season.  We are working with a surity company to make sure work is done.  Paul Keesler has been key in this effort.  There has been interest from someone who will pick up the site and finish it.

- Ventana Medical Systems development and landscape plans will be voted on by Council on June 17.

- A tour is being organized for independent living facilities in the Phoenix area on June 11. P&Z Commission is welcome to attend.  Get in touch with Ms. More separately if you are interested.

- Public participation in neighborhood meeting changes will come before P&Z Commission in July.

- Council has directed staff to work on sign issues.  They intend to have a newly formed Economic Development Commission study this.  Staff hopes to set up a task force of interested individuals to help in drafting the sign code amendments. 

Commissioner Hornat asked if notices could be reviewed regarding Administrative changes. 

Ms. More asked Commissioner Hornat to speak to her regarding exactly what he wanted addressed.

MOTION:  Vice Chair Redding MOVED to adjourn the Planning and Zoning Commission meeting.  Commissioner La Master seconded the motion.  Motion carried 7:0.

Meeting adjourned at 6:55 p.m.