David Ronquillo, OV Senior Planner, presented the staff report. Mr. Ronquillo reviewed the revisions made to Exhibit A, and said staff met with the applicant to review the proposed revisions. Mr. Ronquillo said staff recommended approval of the proposed text amendment with the conditions in the revised Exhibit A.
Commissioner Caine said one variance was granted by the Board of Adjustment since the annexation, and asked if that variance would satisfy these conditions. Mr. Ronquillo responded that he was not sure of the exact size of the structure, but it is probably within the 10% of the total front area.
Commissioner Swope asked why staff was recommending a code amendment as opposed to a variance process through the Board of Adjustment.
Joe Andrews, OV Civil Attorney, said a variance deals with the condition of land. You have a difficult time getting a variance when it is created by people and not the topography. When these lots were placed in Pima County, the front yards were not restricted like they are now. When you have a place where the average lot size is about seven acres, you are restricting a lot of their use of what we consider their front yard but may not really be a front yard.
Vice Chair Hornat commented that when La Cholla Airpark came into Oro Valley, that Pima County would have allowed these structures had we brought it in and written a code along with the county’s code.
Commissioner Swope asked Mr. Ronquillo what criteria he was referring to earlier.
Paul Popelka, OV Acting Planning & Zoning Director, said the idea behind this latest version is to exercise simplicity, so that we are not interpreting criteria that may be hard to define. We decided this was the best way to approach an action that could affect all the lots in La Cholla Airpark but would give simple rules that could be followed.
Mr. Andrews said when you see the potential for a number of future variances, that is when a code change should be addressed.
Gil Alexander, Vice President of La Cholla Air Park, had no presentation but thanked the staff for coming forward with the compromised agreement.
Bill Adler, OV resident, said according to staff, to fix a broken code means allowing the residents to do whatever they want, which is how this has been worded. The language is unclear and allows accessory buildings of undetermined size with minimum setbacks. Mr. Adler said the only concerns we should have is if there are any adverse impacts to the neighbors. We do not need to change the code for that and the Board of Adjustment is a mechanism that protects neighbor’s rights.
Gil Anderson said he appreciated Mr. Adler’s concerns about neighbors and pointed out the 100 foot setbacks on the houses. Mr. Anderson said Mr. Adler’s concerns are not applicable to the very large lots of La Cholla Airpark.
Commissioner Swope asked for clarification of the setback.
Mr. Popelka said the setback in the proposed text is 50 feet for accessory buildings and 100 feet for the principal residence.
MOTION: A motion was made by Vice Chair
Hornat
and seconded by Commissioner
Caine
to approve to approve OV709-008, La Cholla Airpark Inc., requests approval of a zoning code text amendment to allow accessory structures in the front yard of lots within the R1-300 zoning district, located north of Moore Road and west of KingAir Drive.
Commissioner Swope said he was not pleased with the rewrite of the text. He said he was concerned with the precedent setting for smaller lots R1-144.
Commissioner Caine said that a determining factor for him was the letter presented by the applicant that the Town provided to the applicant that said there would be no more restrictions than what Pima County would have allowed.
Vice Chair Hornat said there are some restrictions in the rewrite and some things have been built in to prevent an abuse.
Commissioner La Master agreed with Hornat and Caine
Chairman Reddin said he appreciated our code but in this case the understanding of the Airpark was that they would receive the same zoning as what it would have been in Pima County.
Commissioner Caine said the text amendment as presented is a good compromise.
MOTION carried, 4-1 with Commissioner Swope opposed.
David Ronquillo, OV Senior Planner, presented the staff report and reviewed the following:
- Location Map
- Concept Site Plan
- Concept Landscape Plan
Mr. Ronquillo said staff recommended approval as proposed.
Paul Keesler, OV Development Review Manager, commended the applicant for increasing the site safety and defining the traffic flow patterns. Commissioner Swope commended staff and the applicant on the layout of traffic movement.
Ward Hollon of Hollon Design Associates, representing Panda Express reviewed the criteria for the use permit as follows:
- Safety conditions
- Neighborhood compatibility
Vice Chair Hornat asked if the zoning was south of the site was residential or commercial. Mr. Ronquillo responded residential.
MOTION: A motion was made by Commissioner
Caine
and seconded by Commissioner
Swope
to approve OV810-004, Cole Real Estate Investments, represented by Hollon Design Associates LLC., request for approval of a conditional use permit for Panda Express restaurant drive through area, located on the southeast corner of Oracle Road and Magee Road.
MOTION carried, 5-0.
Paul Popelka gave an update of upcoming vacancies for the P&Z Commission. Mr. Popelka said there is a possibility that Town Council will extend the dates of service for current members serving on boards and commissions. A replacement for Councilmember elect Hornat will be necessary.
Mr. Popelka gave an update on the Environmentally Sensitive Land Ordinance schedule. A joint study session with Town Council has been scheduled for July 14, 2010.
Chairman Reddin thanked Vice Chair Hornat for his service on the commission and wished him well in his new role as councilman.
No items were presented.
MOTION: A motion was made by Commissioner
La Master
and seconded by Commissioner
Swope
to adjourn the P&Z Commission meeting at 6:55 p.m.